Закон США об охране труда и технике безопасности 1970 года

United States labor law

The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH). The Act can be found in the United States Code at title 29, chapter 15.

Few workplace health and safety protections were available through the federal government before the passage of OSHA. The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety. For most employers, it was cheaper to replace a dead or injured worker than it was to introduce safety measures. Tort law provided little recourse for relief for the survivors of dead workers or for injured employees. After the Civil War, some improvements were made through the establishment of state railroad and factory commissions, the adoption of new technology (such as the railway air brake), and more widespread availability of life insurance. But the overall impact of these improvements was minimal. Backed by trade unions, many states also enacted workers' compensation laws which discouraged employers from permitting unsafe workplaces. After the war ended, however, workplace accident rates remained high and began to rise. In the two years preceding OSHA's enactment, 14,000 workers died each year from workplace hazards, and another 2 million were disabled or harmed. Additionally, the "chemical revolution" introduced a vast array of new chemical compounds to the manufacturing environment. The health effects of these chemicals were poorly understood, and workers received few protections against prolonged or high levels of exposure. While a few states, such as California and New York, had enacted workplace safety as well as workplace health legislation, most states had not changed their workplace protection laws since the turn of the century.

In the mid 1960s, growing awareness of the environmental impact of many chemicals had led to a politically powerful environmental movement. Some labor leaders seized on the public's growing unease over chemicals in the environment, arguing that the effect of these compounds on worker health was even worse than the low level exposure plants and animals received in the wild. On January 23, 1968, President Lyndon B. Johnson submitted a comprehensive occupational health and safety bill to Congress. Many labor leaders, including the leadership of the AFL–CIO, supported the legislation, including testifying in support at congressional hearings. The legislation died in committee. The Act went into effect on April 28, 1971 (now celebrated as Workers' Memorial Day by American labor unions).

In passing the Act, Congress declared its intent "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources." The Act created the Occupational Safety and Health Administration (OSHA), an agency of the Department of Labor. OSHA was given the authority both to set and enforce workplace health and safety standards. Section 5 of the Act contains the "general duty clause." The "general duty clause" requires employers to 1) Maintain conditions or adopt practices reasonably necessary and appropriate to protect workers on the job; 2) Be familiar with and comply with standards applicable to their establishments; and 3) Ensure that employees have and use personal protective equipment when required for safety and health. Due to the difficulty of the rule making process (which is governed by the Administrative Procedures Act), OSHA has focused on basic mechanical and chemical hazards rather than procedures. Major areas which its standards currently cover are: Toxic substances, harmful physical agents, electrical hazards, fall hazards, hazards associated with trenches and digging, hazardous waste, infectious disease, fire and explosion dangers, dangerous atmospheres, machine hazards, and confined spaces. OSHA also requires employers to report on every injury or job related illness requiring medical treatment (other than first aid) on OSHA Form 300, "Log of Work Related Injuries and Illnesses" (known as an "OSHA Log" or "Form 300"). An annual summary is also required and must be posted for three months, and records must be kept for at least five years. Section 11(c) of the Act prohibits any employer from discharging, retaliating or discriminating against any employee because the worker has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection. Section 18 of the Act permits and encourages states to adopt their own occupational safety and health plans, so long as the state standards and enforcement "are or will be at least as effective in providing safe and healthful employment" as the federal OSH Act. States that have such plans are known as "OSHA States." As of 2007, 22 states and territories operated complete plans and four others had plans that covered only the public sector.