OCCUPATIONAL HEALTH AND SAFETY Occupational health and safety law is a body of law that requires employers to

MODULE 1 WEEK 1 implement safety measures for the benefit of their employees. The purpose of
occupational health and safety laws is to encourage and require safe working
conditions with minimal risks for employees. It is an area of law that involves
Occupational Health and Safety Law
both implementing mandatory provisions created by governing authorities and
Occupational Health and Safety law is a field of law that centers around the undertaking voluntary risk analysis in order to ensure a safe workplace. Most
safety of employees at work. It is an area of law that creates and enforces occupational health and safety law comes from the Occupational Safety and
regulations surrounding employment and labor. Attorneys who practice Health Act of 1970.
occupational health and safety law Where does occupational health and safety law come from?

Occupational health and safety law comes from both federal and state
sources. All states have some form of Occupational and Safety and Health
Administration. States have varying levels of regulations and requirements
that apply to employers in their jurisdiction. In addition, the United States
federal government makes and enforces safety standards through the U.S.
Department of Labor.
In addition to federal and state regulations, occupational health and safety law
also involves voluntary risk analysis and prevention on the part of an
employer. An employer who evaluates and proactively takes measures in
order to address safety risks shields themselves from costly litigation
and worker’s compensation claims that may result from workplace injuries.
are litigators, administrative attorneys and in-house counsel who all work to Attorneys who practice occupational health and safety laws may be involved
make, implement and enforce occupational health and safety laws. in any of the voluntary or mandatory enforcement of measures designed to
prevent workplace accidents.
What is occupational health and safety law? The Occupational Safety and Health Act of 1970
Most federal regulation of occupational safety and health comes from the  Lower insurance premiums resulting from fewer workplace incidents and
workers’ compensation claims
Occupational Safety and Health Act of 1970. The Act establishes
an Occupational Safety and Health Administration (OSHA) to create and The Occupational Safety and Health Act of 1970 says that the purpose of the
oversee regulations in the workplace. The United States Department of Labor law is to assure a safe and healthy workplace for employees. The law is
Secretary is charged with implementing and overseeing OSHA regulations. based on the constitutional law provisions that the federal government can
The Occupational Safety and Health Act of 1970 does not itself create the regulate interstate commerce. In passing the law, the United States Congress
safety standards that must be implemented day-to-day by employers said that unsafe working conditions hinder commerce, increase disability
throughout the United States. Instead, the Act empowers OSHA and the U.S. payments and reduce workplace productivity.
Secretary of Labor to make and enforce rules. OSHA allows the Secretary to Penalties for OSHA violations
gather information and, with a committee, consider and pass safety
Penalties for an OSHA violation include a fine of up to $13,260 per violation
regulations that employers must enforce.
as of 2019. There may be additional penalties if a violation is willful. In
The Occupational Safety and Health Act does the following: addition, the government may impose another fine if a company fails to
remedy a violation. They may impose the fine each day that a violation
 Authorizes the Secretary of Labor to set mandatory standards for occurs.
businesses to promote safety For an employer who willfully violates OSHA and death results, the employer
 Funds and authorizes research on employer health and safety topics may face six months in prison. For a repeat offender, the maximum penalty is
 Requires employers to provide employment that is free from known one year in prison. In addition, a person may face six months in prison if they
hazards that could result in death or serious physical harm warn a business about an upcoming inspection. There is also a penalty of up
 Mandates that employers follow rules that OSHA makes regarding safety to six months for providing false information during an investigation. OSHA
 Provides for a period of comment and an advisory committee to makes it clear that states have concurrent jurisdiction to enforce their own
implement rules safety regulations.
 Allows the Secretary or their representative to inspect a workplace for a
potential rule violation Examples of OSHA requirements
 Creates a way for employees to report suspected rule violations OSHA requirements cover topics like managing toxic materials to safety
 Implements a system of penalties and a system for enforcement equipment for workers. Safety equipment may include eye and face protection
and high-visibility wear for workers who work near heavy objects and defend against allegations of rule violations. An attorney may work for the
equipment. Fall protection and respiratory protection are both major company as in-house counsel, or they might work for a law firm with the
considerations for safety and health administration. Safety considerations company as a client. An attorney helps the company decide whether to take
include both immediate dangers and injuries that may occur from long-term the matter to a contested hearing. They also work to help clients present
exposure to various hazards. evidence when an administrative judge or judicial court hears a contested
matter.
Fields within Occupational Safety and Health Law
Proactive safety risk assessments
Attorneys who practice within the field of occupational health and safety law
may find themselves in any of the following types of practice: Part of working as a private occupational health and safety lawyer is helping a
client proactively avoid risks and comply with safety directives. A business
Administrative law creation and enforcement needs to know what regulations apply. They also need to know what other
Occupational health and safety law begins with the creation of rules for safety measures they should take in order to prevent accidents and other
employers to follow. Lawyers are a part of the teams that create the rules. A costly problems. Attorneys in the field of occupational health and safety who
great deal of research goes into creating OSHA rules, and lawyers participate work on behalf of private clients may represent clients in any of these
in the process. In addition, it is lawyers who work to enforce the rules. capacities.
Lawyers represent state agencies and the federal government in rule
Who practices occupational safety and health law?
enforcement. A lawyer may act as the state agent who represents OSHA, or
they may act as an administrative judge to make decisions at contested Occupational safety and health lawyers practice throughout the United States.
hearings. In multiple ways, these lawyers work for government agencies in Businesses in all 50 states have to comply with OSHA and state occupational
rule creation and enforcement. safety administration laws. In addition, lawyers work for federal and state
Defending allegations of violations for private business government agencies throughout the United States. Lawyers who enter the
field of occupational health and safety may choose to work in any state.
Businesses also need attorneys in the field of occupational safety and health.
Attorneys in the field need to understand technical issues that are often
When a business is charged with a violation of an OSHA regulation or state
complex. They may need to understand industrial issues in order to provide
occupational safety regulation, they face large fines. Individuals may even
their clients with sound representation. Lawyers with a background in the
face criminal penalties. Attorneys work to represent companies who need to
industry in which they practice may be particularly effective in their work. Safety as a field of law
There are often fines, criminal prosecution and brand notoriety on the line Occupational safety and health attorneys make a career out of creating,
when a company faces allegations of violations. Attorneys who practice implementing and enforcing safety laws. They may work for a government
occupational safety and health law help their clients navigate this myriad of body creating and enforcing rules. Alternatively, they may work for a company
issues. implementing rules and defending against allegations of violations. For all
attorneys in the industry, safety is their life’s work.

Why Occupational Health and Safety is Important

Occupational Health and Safety (OHS) focuses primarily on protecting

employees in the workplace from accidents, injuries, and exposure to harmful
substances. While accidents can happen at any time, it is still the employer’s
responsibility to ensure that they take steps to reduce the risk of incidents and
Why practice occupational safety and health law maintain a safe working environment. Prioritizing OHS at your business has
Lawyers who practice occupational safety and health law use a wide variety several key benefits, including:
of legal skills over a range of diverse topics. They have the opportunity to  Reduced risk or accidents or injuries by identifying and mitigating
practice administrative law while also having exposure to litigation. Lawyers in hazards
the industry also learn about occupational safety and health issues as they  Improved efficiency and productivity due to fewer employees missing
work from illness or injury
pertain to specific industries.
 Improved employee relations and morale (a safer work environment is
a less stressful work environment)
A lawyer may choose to live and work in any state of their choosing. There  Reduced costs associated with accidents or injuries (healthcare and
are opportunities to work as in-house counsel, as an attorney in private rehabilitative costs, losses in productivity, impact on employees’ well-
being)
practice or as an attorney for a government agency. There are opportunities
 Lower insurance premiums resulting from fewer workplace incidents
to work both in enforcement and in defense. Lawyers continue to be integral and workers’ compensation claims
in their respective roles through periods of economic growth as well as during
economic downturns. How to Promote Occupational Health and Safety in Your Workplace?
1. Make sure that your OHS policies comply with all federal and/or state
laws and regulations
2. Ensure that your staff is properly trained on all machinery and
equipment they may use in the workplace and are certified to operate
them if required
3. Keep Safety Data Sheets (SDS or MSDS) for all chemical products in
use at your workplace, and make sure that they are easily accessible
by your employees
4. Have all necessary Personal Protective Equipment (PPE) such as hard
hats, eye protection, and respirators readily available to all employees
5. Use tools and other equipment correctly and only for their intended
purpose
6. Use mechanical assistance such as carts, dollies, or pallet jacks when
lifting or moving heavy objects
7. Maintain good posture when sitting, standing, or lifting, especially when
doing so for extended periods of time