Question: The OSH Act

Answer: The Occupational Safety and Health Administration (OSHA) is responsible for enforcing safety rules in the workplace. OSHA was created by Congress under the Occupational Safety and Health Act (OSH Act) of 1970 and is a part of the Department of Labor.

The basic premise of the OSH Act is that workers have the right to be protected from situations at work that are known to be potentially able to cause injury or death. Employers have a responsibility to provide a safe, hazard-free working environment.

The OSH Act covers employees in the private sector and many employees in the public sector. The act covers all 50 states, the District of Columbia, and several additional territories and jurisdictions. There are two levels of OSHA jurisdiction: state and federal. The federal OSHA program provides a minimum level of protection—state-run health and safety programs must be at least as effective as federal OSHA, but they can provide more protection. Whether employees are covered at the state or federal level depends on their employer (public vs. private) and state of residence.

If there are hazards in the workplace that are regulated by another federal agency—such as the Federal Aviation Administration or the Coast Guard—they’re not covered under OSHA.

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Question: Standards

Answer: OSHA standards cover a variety of industries, including construction, agriculture, maritime, and general industry. OSHA standards require employers to do the following:

Protect workers from falls

Prevent exposure to infectious diseases (note that this doesn’t include catching a cold from coworkers)

Ensure that workers can enter confined areas of the workplace safely

Prevent exposure to harmful substances, such as asbestos

Supply safety equipment

Provide training for dangerous jobs

Based on the standards established by OSHA, workers have the following rights:

Ask OSHA to inspect their work area to make sure it’s free from potential dangers

Access the results of any tests designed to pinpoint dangers in the workplace

Review information about OSHA and workplace hazards in clear language that they can understand

See records of injuries and illnesses that occurred in the workplace

Get copies of their own medical records

Exercise the above rights to a danger-free workplace without fear of retaliation or discrimination

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Question: Filing a Complaint

Answer: Employees can file a complaint if they feel that their workplace represents a hazard or dangerous conditions exist that aren’t being addressed by their employer. Employees may choose to remain anonymous when they file their complaint. However, it’s illegal for an employer to retaliate against an employee who has filed a complaint with OSHA. Employees who believe that they have been demoted, transferred, fired, or discriminated against because they filed a complaint with OSHA can also file a discrimination complaint.

Employees have several options for filing their complaint with OSHA. They can file it online; download the complaint form, complete it, and fax or mail it in; or call a local or regional OSHA office. Additionally, if the hazard poses an immediate threat to life, employees can call 1-800-321-OSHA.

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Question: Whistleblower Statutes

Answer: OSHA has a separate form for whistleblower complaints. A whistleblower is an employee who informs OSHA of illegal activity. OSHA is responsible for protecting whistleblowers under 21 different federal statutes, including laws applying to the following:

Environmental and nuclear safety

Transportation

Consumer products

Employees need to provide enough information for OSHA to determine whether a violation has occurred. Employees don’t need to know beforehand whether a violation has occurred. The following list provides examples of some questions that may help OSHA determine whether a violation has occurred.

How many employees are there?

How many employees were exposed to the hazardous conditions?

How were the employees exposed to the hazardous conditions?

What is the nature of the work that was performed in the unsafe environment?

What type of equipment is being used in the environment that’s unsafe?

Were there any chemicals or materials used that led to unsafe working conditions?

What training or information, if any, was provided by management to prepare employees to work under hazardous conditions?

What processes or operations are being used in the workplace?

How often and how long are employees working in the hazardous area?

Has management tried to resolve the situation?

Have any employees been injured or become ill due to the working conditions that exist?

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Question: Safety Data Sheets

Answer: OSHA requires manufacturers and distributors to communicate information about the potential risks of any hazardous product. This is done by means of safety data sheets (SDS). Formerly known as material safety data sheets (MSDS), these documents provide a quick reference to information regarding a specific product:

The manufacturer’s contact information

Information on the chemical’s ingredients

First-aid measures

Firefighting measures

Handling and storage

Information on how to limit exposure

In the pharmacy, you may deal with many materials that are potentially hazardous. This includes certain medications, such as those that treat cancer, as well as everyday materials like cleaning supplies. It’s important to find out where the SDSs are kept in your department so that you’ll be prepared to handle any unexpected exposure.

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