OCCUPATIONAL SAFETY AND HEALTH ACT

The Occupational Safety and Health Act is the primary federal law which governs 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 can be found in the United States Code at title 29, chapter 15.

An Act 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 field of occupational safety and health; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Occupational Safety and Health Act of 1970."

Congress passed the Occupational and Safety Health Act to ensure worker and workplace safety. Their goal was to make sure employers provide their workers a place of employment free from recognized hazards to safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. In order to establish standards for workplace health and safety, the Act also created the National Institute for Occupational Safety and Health (NIOSH) as the research institution for the Occupational Safety and Health Administration (OSHA). OSHA is a division of the U.S. Department of Labor that oversees the administration of the Act and enforces standards in all 50 states.

Definitions
For the purposes of this Act -(1) The term "Secretary" means the Secretary of Labor. (2) The term "Commission" means the Occupational Safety and Health Review Commission established under this Act. (3) The term "commerce" means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof. (4) The term "person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons. (5) The term "employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State. (6) The term "employee" means an employee of an employer who is employed in a business of his employer which affects commerce. (7) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. (8) The term "occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment. (9) The term "national consensus standard" means any occupational safety and health standard or modification thereof which (1), has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered and (3) has been designated as such a standard by the Secretary, after consultation with

other appropriate Federal agencies. (10) The term "established Federal standard" means any operative occupational safety and health standard established by any agency of the United States and presently in effect, or contained in any Act of Congress in force on the date of enactment of this Act. (11) The term "Committee" means the National Advisory Committee on Occupational Safety and Health established under this Act. (12) The term "Director" means the Director of the National Institute for Occupational Safety and Health. (13) The term "Institute" means the National Institute for Occupational Safety and Health established under this Act. (14) The term "Workmen's Compensation Commission" means the National Commission on State Workmen's Compensation Laws established under this Act.

B ACKGROUND OF OCCUPATIONAL S AFETY AND HEALTH ACT

People demanded many changes in late 1960s America. The Vietnam War, civil rights, women's rights and environmental issues were all topics that citizens wanted the government to address. This era also saw an increase in both the incidence and severity of occupational injuries and illnesses, according to the United States Department of Labor. It was time, many believed, for laws to be put on the books to protect workers against hazardous work conditions. To protect workers' safety and health, on December 29, 1970 President Nixon signed into law the Occupational Safety and Health Act of 1970, Pub. L. No. 91-596, 84 Stat. 1590 It is codified at 29 U.S.C. 651-678. OSHA (Occupational Safety and Health Administration) was created in 1971 under the Occupational Safety and Health Act, which President Nixon signed into effect in December 1970. OSHA was created to establish standards for the workplace in order to reduce injuries and fatalities while on the job. For many years, people hated OSHA because they were requiring them to make changes in the way they do things in their workplace. Over the past several years, people have come to understand that OSHA is looking out for the best interest of the employee AND the employer.

The purpose of the legislation was to "assure so far as possible every working man and woman in the Nation safe and healthful working conditions" The push for this type of federal regulatory program for workplace safety came about from officials in the Labor Department who were dissatisfied with the limited scope of authority to regulate safety in the workplace. So... in 1968, Labor Department officials convinced President Lyndon B. Johnson's advisors to include a bill that covered workplace safety. Johnson offered a legislative proposal allowing the Labor Department to inspect workplaces and also directed the Department of Health, Education and Welfare to research workplace hazards. This legislation received a lot of opposition from business groups. Eventually... on Dec. 29, 1970 Nixon signed the bill. To administer the Act, the Secretary of Labor created a new division in the Labor Department called the Occupational Safety and Health Administration (OSHA) OSHA is headed by an "Assistant Secretary for Occupational Safety and Health" This position is appointed by the President and is subject to confirmation and serves at the President's pleasure.

GENERAL PROVISIONS
1. The object of this Act is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. This Act provides mechanisms for the participation of workers, workers' associations, employers and employers' associations in the realization of its object. 1979, c. 63, s. 2. 2. The fact that collective or individual means of protection or safety equipment are put at the disposal of workers where necessary to meet their special needs must in no way reduce the effort expended to eliminate, at the source, dangers to the health, safety and physical well-being of workers. 1979, c. 63, s. 3. 3. This Act is of public order and any derogating provision of any agreement or decree is absolutely null. However, an agreement or decree may provide, in respect of a worker, a person performing functions under this Act or a certified association, more favorable provisions for the health, safety and physical well-being of the worker. 1979, c. 63, s. 4; 1999, c. 40, s. 261.

5. Nothing in this Act or in the regulations may be construed as limiting the rights of a worker or certified association under a collective agreement, Act, regulation, decree, order in council or other order. 1979, c. 63, s. 5. 6. This Act binds the Government, Government departments and agencies that are man dataries of the State. 1979, c. 63, s. 6; 1999, c. 40, s. 261. 7. Every self-employed natural person who, for another person, and without the assistance of workers, carries out work in a workplace where there are workers is subject to the obligations imposed on a worker pursuant to this Act and the regulations. The person described in the first paragraph must, furthermore, comply with the obligations imposed on an employer in respect of products, processes, equipment, materials, contaminants and dangerous substances. 1979, c. 63, s. 7. 8. The first paragraph of section 7 also applies to an employer or persons contemplated in paragraphs 1 and 2 of the definition of the word worker, in section 1, who carries out work at a workplace. 1979, c. 63, s. 8. 9. This Act and the regulations prevail over any inconsistent provision of the Act respecting offhighway vehicles (chapter V-1.2) and of the regulations thereunder. 1996, c. 60, s. 85.

Objectives of OSH act

To promote and secure the health, Safety and welfare of people at work. To protect people at work against hazards. To assist in securing safe hygienic work environments. To reduce, eliminate and control hazards. To foster co-operation and consultation between employers and employees.

Occupational Health and Safety Act Policies

An occupational health and safety policy is a statement of an employers commitment to worker health and safety. A clear, concise occupational health and safety policy, signed by the highest level of management at the workplace, should state the employers commitment, support and attitude to the health and safety program for the protection of workers. The employers attitudes, relationships between management and workers, community interests and technology all combine to play a part in determining how health and safety are viewed and addressed in the workplace. Ontarios Occupational Health and Safety Act applies, with certain limitations and exceptions, to all farming operations that have paid workers. The Occupational Health and Safety Act requires employers that regularly employ more than five employees to prepare and review at least annually a written occupational health and safety policy, and to develop and maintain a program to implement that policy. This document has been prepared to assist employers in understanding these obligations. 2 Farming Operations Workplaces with exceptional health and safety records have established a clear line of responsibility for correcting health and safety concerns. This action enhances working relationships between management and workers.

An example of a good health and safety policy follows:

Health and Safety Policy [Employer name/Farm operation] is vitally interested in the health and safety of its employees. Protection of employees from injury or occupational disease is a major continuing objective. Supervisors will be held accountable for the health and safety of workers under their supervision. Supervisors are responsible to ensure that machinery and equipment are safe and that workers work in compliance with established safe work practices and procedures. Workers must receive adequate training in their specific work tasks to protect their health and safety. Every worker must protect his or her own health and safety by working in compliance with the law and with safe work practices and procedures established by the company (or farm operation)

Applicability of This Act

(a) This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf Lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement of this Act by the courts established for areas in which there are no United States district courts having jurisdiction. (b) (1) Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health. (2) The safety and health standards promulgated under the Act of June 30, 1936, commonly known as the Walsh-Healey Act (41 U.S.C. 35 et seq.), the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), Public Law 91-54, Act of August 9, 1969 (40 U.S.C. 333), Public Law 85-742, Act of August 23, 1958 (33 U.S.C. 941), and the National Foundation on Arts and Humanities Act (20 U.S.C. 951 et seq.) are superseded on the effective date of corresponding standards, promulgated under this Act, which are determined by the Secretary to be more effective. Standards issued under the laws listed in this paragraph and in effect on or after the effective date of this Act shall be deemed to be occupational safety and health standards issued under this Act, as well as under such other Acts. (3) The Secretary shall, within three years after the effective date of this Act, report to the Congress his recommendations for legislation to avoid unnecessary duplication and to achieve coordination between this Act and other Federal laws. (4) Nothing in this Act shall be construed to supersede or in any manner affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment.

OSHA
The United States Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance". The agency is also charged with enforcing a variety

of whistleblower statutes and regulations. OSHA is currently headed by Assistant Secretary of Labor Dr. David Michaels.

History
OSHA officially formed on April 28, 1971, the date that the OSH Act became effective. George Guenther was appointed as the agency's first director. OSHA has developed a number of training, compliance assistance, and health and safety recognition programs throughout its history. The OSHA Training Institute, which trains government and private sector health and safety personnel, began in 1972. In 1978, the agency began a grant making program, now called the Susan Harwood Training Grant Program, to train workers and employers in reducing workplace hazards. OSHA started the Voluntary Protection Programs in 1982, which allows employers to apply as "model workplaces" to achieve special designation if they meet certain requirements.

Health and safety standards

The Occupational Safety and Health Act allows OSHA to issue workplace health and safety regulations. These regulations include limits, employee access to information, requirements for the use of personal protective equipment, and requirements for safety procedures. In its first year of operation, OSHA was permitted to adopt regulations based on guidelines set by certain standards organizations, such as the American Conference of Governmental Industrial Hygienists, without going through all of the requirements of a typical rulemaking. In 2000, OSHA issued an ergonomics standard. In March 2001,Congress voted to repeal the standard through the Congressional Review Act. The repeal, one of the first major pieces of legislation signed by President George W. Bush, is the only instance that Congress has successfully used the Congressional Review Act to block a regulation. Between 2001 and 2011, OSHA has issued just four new health and safety standards; during this period, the agency has promulgated regulations at a far slower rate than during any other decade in the agency's history

OCCUPATIONAL HEALTH AND SAFETY IN PAKISTAN

The total population of Pakistan is about 135.6 million. The ratio between male and female is equal. The majority of the population are young people. Approximately 90.05 million were of working age. According to government statistics the labour force in Pakistan was estimated at 39.4 million of which the industrial labour force constituted 6,005,487, agriculture represented 17,518,204 and service 10,586,309. According to another government source 44 percent of labour belongs to the agriculture sector and 56 percent form the service and industrial sectors of which 20 percent is formal sector and 36 percent informal. The number of registered unions was 7,349 with a total membership 293,530 made up of 288,327 men and 5,203 women (Labour Department statistics). These data show that less than three percent of workers are organized. The above data is not reliable but is what is available. No data about occupational health and safety (OHS) are available in Pakistan because the majority of accidents are not reported to the Labour Department. Diseases and accidents in the work place are an appalling tragedy. The incidence of occupational diseases and injuries is very high in Pakistan because thousands of workers are routinely exposed to hazardous chemicals. It is well known that healthy workers are most productive. The introduction of hazardous technologies in industry and agriculture has resulted in high accident rates, occupational diseases, and unhealthy working environments. Most workers are illiterate and do not know what protective measures should be adopted for their jobs. This results in an increasing toll of work related accidents and diseases. Pakistan has poor occupational safety and health legislation and infrastructure to promote it. Large numbers of illiterate workers are employed informally in unregulated sectors like construction, agriculture, mining, especially in small-size enterprises. Women and children are especially vulnerable as they usually work informally, with no access to basic occupational health and safety protection. Government data in 1999 show 1,934 industrial accidents occurred in factories registered under the Factories Act 1934. [But ALU believes this figure to be far short of the actual total] Accidents per 1,000 workers

Fatal Serious Minor Total

0.21 0.91 5.32 6.44

Four major working sectors in Pakistan are identified as agriculture, formal sector, informal sector and service sector. The overall accident rate is similar to Water and Power Development Authority (WAPDA). An average 70 workers die per year due to electric shocks. In year 2000, 82 WAPDA linemen and workers died due to decreasing standards in safety. 72 WAPDA workers died from electrocution in 1999 up on the 65 who were killed in 1998. In the transport sector in Punjab province alone in 1999, 6,553 people died in road accidents. Working conditions are similar in other hazardous industries like textile, tanning, chemicals, paper, sugar, electrical, and electronic. The workers suffer more in those industries and face diseases like lung cancer, skin and eye allergies, deafness, headaches and also the rate of accidents is higher. In addition the tanneries waste liquid contaminates underground water making it danger for workers and residents health. Construction The largely informal construction sector provides employment to large numbers of workers who are specially vulnerable to occupational health and safety risk as most of them are illiterate. These workers are not even provided with the protection that is available to industrial workers, because most labour laws do not apply to this sector, and the rate of accidents, diseases and injuries is consequently higher. Brick kiln workers are scattered across all four provinces of Pakistan. Their working conditions are worse than most others as it is either joint family labour or, as in some areas, bonded labour. According to a Labour Department source, in Punjab province there were 500 registered brick kilns against 1,900 unregistered. The total number of workers was estimated at more than 100,000. Brick dust causes lung infection, eye allergies, backache, depression, and skin problems. Mining Pakistans rich source of non-metallic minerals including coal and gemstones are mined by hundred of small- and medium-size mining groups. Working conditions of mine workers,

particularly coal mines, are very poor. The severe lack of safety measures in these mines cause widespread deaths every year. Government agencies have not been able to stop accidents because of very poor physical and technical standards observed by small and medium mines. Added to which the equipment is considered obsolete by modern standards. Industrial sector (formal and informal) A survey by the Centre for the Improvement of Working Conditions and Environment (CIWCE) based in Lahore found industry lacks basic hygiene facilities, has inadequate exhaust filters, fire prevention and medical facilities (even first aid), emergency transport, waste disposal services, and hazard warning signs. New chemicals have increased the ratio of accidents. Families of workers registered 1,855 cases against employers but courts are usually sympathetic towards employers, and only award compensation to workers who prove an accident is due to negligence by employers. This is not easy for workers to prove.

Fire In Gujrat recently a factory producing electric fans caught fire and six workers were seriously burned. Every day in newspapers we read about fire accidents in different industries causing death and injuries due to fire, and smoke inhalation often where workers are locked in factories for security reasons. PILER conducted surveys in three industries. We found that the fire extinguishers provided in most factories were out-dated, and workers were unaware of OHS procedures. They were not even trained to correctly use the existing obsolete fire extinguishers. Proper techniques in fire fighting are crucial. Exploding boilers (105 were registered) killed hundred of workers in the paper industry between 1998 to 2000. Laws and Regulations on OHS The main law governing OHS is the Factories Act 1934 Chapter 3. The Hazardous Occupation Rules of 1978 regulate certain occupations as hazardous, and contain special provisions to regulate the working conditions in those occupations. Each province has also enacted its own Rules within the mandate of the Factories Act. In addition there are other laws dealing with OHS:

The Mines Act 1923 Social Security Ordinance 1965 Workmens Compensation Act 1923 Shop and Establishment Ordinance 1969 Dock Labourer Act 1934 The health and safety measures prescribed in most of the above laws have not kept pace with the rapidly changing times. Many of the sectors with grave OHS hazards (and most workers

anyway) are not covered by these laws. They contain very few technical standards. Furthermore the occupational exposure limits (OELs) now common all over the world are still missing from Pakistans laws. These laws must be thoroughly revised and updated. Suggestions

Health and Safety council at plant, provincial and national levels; Training and education on OSH specially for trade union leaders and worker activists; Rights to information for the safe use of machinery and chemicals (in the appropriate language); At least two percent of income from every industry should be spent to provide OSH protection; Warning signs in local language; Categories of sign (warning, danger etc.) have been adopted in OSH laws of some countries. In Pakistan no such signs have been recommended under Health and Safety laws; Noise standards - this simple step may go a long way in reducing the toll of accidents and diseases in the work place; Only 1.1 million workers out of total 39 million are covered by labour laws all 39 million should be protected.