Who is covered by the OSH Act?

The Occupational Safety and Health Act is a comprehensive law --it covers most employers. Unless you are sure your company is not covered, you should assume that the law applies to your organization.

An employer under the law is the one that controls the work environment. Thus the employer is in control of the actions of the employee, able to have power over the employee and able to fire the employee. The usual indication of an employment relationship --who pays the employee --is not part of the definition of an employer under OSHA.

The Occupational Safety and Health Administration (OSHA), within the Department of Labor, administers the law. Health and safety research activities are the responsibility of the National Institute for Occupational Safety and Health (known as NIOSH). NIOSH is housed in the Department of Health and Human Services.

Are there any exemptions to OSHA coverage?

• Exemptions from the law apply to:
• churches and nonsecular church activities
• domestic home workers
• immediate family employed as agricultural workers
• organizations whose safety and health is regulated by another federal agency
• states and political subdivisions
• employers not engaged in interstate commerce.

Small business. Also exempt are enforcement actions against nonhospital employers of 10 or less employees unless there is a hazard or compelling inspection reason.

Reprinted with permission. © CCH