Section 11(c) of the Occupational Safety and Health Act of 1970 (OSH Act) prohibits employers from retaliating against employees for exercising a variety of rights guaranteed under the OSH Act, such as filing a safety or health complaint with OSHA, raising a health and safety concern with their employers, participating ...
Does OSHA protect against discrimination?
The OSHA Act has always contained an anti-discrimination provision . ... Another section reminds employers that Section 11(c) prohibits discrimination for engaging in a number of protected activities.
Which section of OSHA Act prohibits discrimination against workers?
In addition to § 1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness.
What is Section 5 of the OSHA Act?
Zweber stated, Section 5(a)(1) of the Occupational Safety and Health Act (the “General Duty Clause”) requires an employer to furnish to its employees: “ employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees ...”
Who is covered under the OSHA Act of 1970?
OSHA covers most private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA- approved state plan. State-run health and safety plans must be at least as effective as the Federal OSHA program.
What are the OSHA top 10 most frequently cited standards?
- Fall Protection – General Requirements (1926.501): 5,424 violations.
- Hazard Communication (1910.1200): 3,199.
- Respiratory Protection (1910.134): 2,649.
- Scaffolding (1926.451): 2,538.
- Ladders (1926.1053): 2,129.
- Lockout/Tagout (1910.147): 2,065.
At what depth of a trench does OSHA require fall protection?
Trenches 5 feet (1.5 meters) deep or greater require a protective system unless the excavation is made entirely in stable rock. If less than 5 feet deep, a competent person may determine that a protective system is not required.
What is the most common violation of OSHA workplace standards?
- Fall Protection—General Requirements (§1926.501): 5,424 violations;
- Hazard Communication (§1910.1200): 3,199 violations;
- Respiratory Protection (§1910.134): 2,649 violations;
- Scaffolding (§1926.451): 2,538 violations;
- Ladders (§1926.1053): 2,129 violations;
What are the types of OSHA violations?
- Willful. A willful violation exists under the OSH Act where an employer has demonstrated either an intentional disregard for the requirements of the Act or plain indifference to employee safety and health. ...
- Serious. ...
- Other-Than-Serious. ...
- De Minimis. ...
- Failure to Abate. ...
- Repeated.
Are employers are not required to keep a record of an employee who has the flu?
The OSH Act authorizes OSHA to require employers to keep records and to report the recorded information to OSHA. However, the Agency only requires some employers to create and maintain occupational injury and illness records.
What are three employer responsibilities required by OSHA?
- provide a workplace free from recognized hazards and comply with OSHA standards.
- provide training required by OSHA standards.
- keep records of injuries and illnesses.
- provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records.
Who does OSH Act cover?
The OSH Act covers most private sector employers and their workers , in addition to some public sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority.
Where is the OSHA general duty clause?
Commonly known as the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970 is intended to give OSHA a means to address hazards for which no standard is on the books.
What are the 4 workers rights?
These rights are: The right to know what hazards are present in the workplace ; The right to participate in keeping your workplace healthy and safe; and. The right to refuse work that you believe to be dangerous to yourself or your co-workers.
Who is not covered by OSHA and why?
Who is not covered by the OSH Act: Self employed ; Immediate family members of farm employers that do not employ outside employees; and. Workers who are protected by another Federal agency (for example the Mine Safety and Health Administration, FAA, Coast Guard).
What is the purpose of OSHA Act 1970?
To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act ; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the ...
