Occupational Safety and Health Act (OSHA) (US)
A federal law enacted in 1970 that requires employers to provide a workplace free from recognized hazards, establishes safety standards, and authorizes workplace inspections and penalties through the Occupational Safety and Health Administration.
What Is the Occupational Safety and Health Act?
Key Takeaways
- ✓The OSH Act of 1970 created OSHA (the Occupational Safety and Health Administration) and gives every private-sector employee the right to a workplace free from recognized hazards that cause or are likely to cause death or serious physical harm.
- ✓OSHA covers approximately 130 million workers at 8 million worksites across the United States (OSHA, 2024).
- ✓Since OSHA's creation, workplace fatality rates have dropped by about 65%, and occupational injury and illness rates have declined by approximately 75% (OSHA).
- ✓Employers must comply with specific OSHA standards for their industry and also meet the "General Duty Clause" obligation to keep workplaces free from recognized hazards, even those not covered by a specific standard.
- ✓Workers have the right to file confidential complaints with OSHA, request inspections, and refuse dangerous work without fear of retaliation under Section 11(c) of the Act.
Before 1970, workplace safety was a patchwork of state laws with inconsistent enforcement. An estimated 14,000 workers died on the job each year, and millions more were injured. The OSH Act changed that by establishing a single federal framework. President Nixon signed it on December 29, 1970, and it took effect on April 28, 1971, which is now commemorated annually as Workers' Memorial Day. The law created three agencies: OSHA (within the Department of Labor) to set and enforce standards, NIOSH (the National Institute for Occupational Safety and Health) to conduct research and make recommendations, and the Occupational Safety and Health Review Commission (OSHRC) to adjudicate contested enforcement actions. For HR teams, OSHA compliance isn't optional. Every employer with even one employee has a General Duty Clause obligation. Companies with 10 or more employees must maintain OSHA injury and illness records. And the penalties for violations have increased significantly: a single willful violation can now cost over $161,000.
Core Employer Obligations Under OSHA
OSHA places specific duties on employers that go beyond simply following published standards.
The General Duty Clause (Section 5(a)(1))
Every employer must furnish each employee a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm. This catch-all provision covers hazards that no specific OSHA standard addresses. OSHA uses the General Duty Clause to cite employers for workplace violence risks, extreme heat exposure, ergonomic hazards, and emerging dangers. To issue a General Duty Clause citation, OSHA must prove four elements: the hazard existed, the employer or industry recognized it, the hazard caused or was likely to cause death or serious harm, and a feasible means to correct it existed.
Compliance with OSHA standards
OSHA publishes standards for general industry (29 CFR 1910), construction (29 CFR 1926), maritime (29 CFR 1915-1919), and agriculture (29 CFR 1928). Standards cover everything from fall protection and electrical safety to bloodborne pathogens and hazard communication. Employers must identify which standards apply to their workplace and ensure compliance. Common standards HR teams encounter include the Hazard Communication Standard (chemical labeling and Safety Data Sheets), Personal Protective Equipment standards, Emergency Action Plan requirements, and the Bloodborne Pathogen Standard (relevant for any workplace where employees might be exposed to blood or bodily fluids).
Recordkeeping requirements
Employers with 10+ employees (unless in a partially exempt low-hazard industry) must maintain three forms: OSHA Form 300 (Log of Work-Related Injuries and Illnesses), OSHA Form 300A (Summary of Work-Related Injuries and Illnesses, posted February 1 through April 30 each year), and OSHA Form 301 (Injury and Illness Incident Report). Certain severe injuries must be reported to OSHA within specific timeframes: all work-related fatalities within 8 hours, and all work-related inpatient hospitalizations, amputations, or losses of an eye within 24 hours. Since 2017, establishments with 250+ employees in certain industries must electronically submit injury and illness data to OSHA annually.
OSHA Workplace Inspections
OSHA conducts approximately 33,000 inspections annually. Understanding the process helps employers prepare.
Inspection priorities
OSHA prioritizes inspections in this order: imminent danger situations (top priority), fatalities and catastrophes, worker complaints and referrals, targeted inspections (high-hazard industries), and follow-up inspections. Programmed inspections target industries with high injury and illness rates. OSHA's Site-Specific Targeting program uses employer-submitted injury data to identify establishments with the highest rates. Unprogrammed inspections result from complaints, referrals, or media reports of hazardous conditions.
The inspection process
A compliance officer (CO) arrives at the worksite and presents credentials. The employer can request a warrant, but this is rarely done because it delays the inevitable and may increase scrutiny. The inspection starts with an opening conference where the CO explains the purpose and scope. The CO then conducts a walkaround, examining workplace conditions, interviewing employees privately, reviewing records, and taking photos or samples. The CO must be accompanied by both an employer representative and an employee representative during the walkaround. The inspection ends with a closing conference where the CO discusses observations and potential violations.
What triggers an inspection
Employee complaints are a major trigger. Any employee can file a complaint online, by phone, or by mail. Complaints signed by current employees carry more weight and are more likely to trigger an on-site inspection versus a phone/fax investigation. Referrals from other government agencies, media reports of unsafe conditions, and severe injury reports also trigger inspections. Employers in high-hazard industries (construction, manufacturing, warehousing) face higher odds of programmed inspections.
OSHA Violation Types and Penalties (2024)
OSHA penalties are adjusted annually for inflation. These are the current maximum penalties.
| Violation Type | Description | Maximum Penalty (2024) |
|---|---|---|
| Serious | Hazard that could cause death or serious harm, and employer knew or should have known | $16,131 per violation |
| Other-Than-Serious | Violation with direct relationship to safety/health but unlikely to cause death or serious harm | $16,131 per violation |
| Willful | Employer intentionally and knowingly committed the violation | $161,323 per violation (minimum $11,524) |
| Repeated | Same or substantially similar violation within 5 years | $161,323 per violation |
| Failure to Abate | Employer failed to correct a previously cited violation | $16,131 per day beyond the abatement date |
| Posting | Failure to post OSHA informational poster or annual injury summary | $16,131 per violation |
Employee Rights Under OSHA
The OSH Act gives workers specific rights that employers must respect and communicate.
Right to a safe workplace
Every worker has the right to working conditions that don't pose a risk of serious harm. This includes the right to receive training on workplace hazards in a language and vocabulary the worker understands, the right to access exposure and medical records, and the right to review the OSHA 300 log and 300A summary. Employers must display the OSHA "Job Safety and Health: It's the Law" poster in a conspicuous location.
Right to file complaints and refuse dangerous work
Workers can file OSHA complaints without the employer ever knowing who filed. If a worker believes they face imminent danger, they can refuse to perform the work under specific conditions: they must have asked the employer to fix the danger and OSHA hasn't been able to respond in time, the danger is genuine and imminent, and there's no reasonable alternative available. This isn't a blanket right to refuse work. All conditions must be met. OSHA recommends staying at the worksite and informing the supervisor while waiting for resolution.
Anti-retaliation protections (Section 11(c))
Employers can't fire, demote, transfer, reduce hours, or otherwise retaliate against workers for exercising their OSHA rights. This includes filing complaints, participating in inspections, reporting injuries, or raising safety concerns internally. Workers who believe they've been retaliated against must file a complaint with OSHA within 30 days. OSHA investigates retaliation claims and can order reinstatement, back pay, and restoration of benefits. In FY 2023, OSHA received over 3,700 retaliation complaints under Section 11(c).
OSHA State Plans
Twenty-two states and territories operate their own OSHA-approved workplace safety programs, which must be at least as effective as federal OSHA.
How state plans work
States with approved plans set and enforce their own standards, which must be "at least as effective" as federal OSHA standards. Many state plans adopt federal standards directly, but some have stricter requirements. California's Cal/OSHA, for example, has additional standards for heat illness prevention, workplace violence prevention in healthcare, and aerosol transmissible diseases. State plan states handle their own inspections, citations, and penalties. Federal OSHA monitors state plans to ensure they maintain effectiveness.
Notable state plan differences
California requires a written Injury and Illness Prevention Program (IIPP) from every employer, has specific heat illness prevention standards (triggered at 80 degrees F), and was the first state to adopt an indoor heat standard. Oregon has specific agricultural labor housing standards. Washington State has ergonomics awareness requirements. Michigan has elevated penalties for willful violations causing death. For multi-state employers, this patchwork means compliance requirements can vary significantly by location.
OSHA Compliance for HR Professionals
HR teams play a central role in OSHA compliance, from recordkeeping to training to inspection preparation.
- Post the OSHA "It's the Law" poster in every workplace location where employees can see it. The poster is free from OSHA's website and is available in English and Spanish.
- Maintain OSHA 300, 300A, and 301 forms accurately and in real time. Don't wait until year-end to record injuries. Each recordable injury must be logged within 7 calendar days of receiving information about it.
- Report fatalities to OSHA within 8 hours and inpatient hospitalizations, amputations, or eye losses within 24 hours. Save OSHA's reporting hotline number (1-800-321-OSHA) in your emergency contacts.
- Train employees on relevant OSHA standards at hire and at least annually thereafter. Document training dates, topics, trainer qualifications, and attendee names. Ensure training is in a language employees understand.
- Create a written safety program covering emergency action plans, fire prevention, hazard communication, and any industry-specific hazards. Assign a safety committee or designate a safety coordinator.
- Conduct self-inspections quarterly using OSHA's free checklists and correct hazards before they become citations. Document inspections and corrective actions taken.
Workplace Safety Statistics [2026]
Key data points on the state of workplace safety in the United States.
Frequently Asked Questions
Does OSHA apply to small businesses?
Can OSHA inspect my workplace without notice?
What's the most commonly cited OSHA standard?
Can an employee be fired for filing an OSHA complaint?
Does OSHA cover remote workers?
Written by Adithyan RK