9 May 2022

111

OSHA Compliance and Discipline

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Academic level: College

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The Occupational Safety and Health Administration is an agency of the United States labor department and its responsibility is to guarantee the safety and the good working environments of the labor force. The regulations and safety inspections put in place by OSHA have led to reduced incidences of work place injuries and resulting costs of the same. Under the OSHA law employers have a responsibility towards their workers ( Berzon, 2015) . They are required by law to provide their employees with a safe working environment and that the employees are not placed in contact with hazardous chemicals or other harmful materials without the right protection. The OSHA further requires that the employers not only rely on protective equipment such as gloves and masks but have the companies using safer chemicals and installing quality ventilation systems as a way of eliminating these risks.

The department was officially formed in 1971 as a way of curbing the injuries being sustained at the workplace due to employers cutting corners. There was a need to have proper guidelines under the American constitution under the occupational safety and health Act. The agency needed to give the employers the guidelines to run their companies and protect the workers who were the backbone of these companies. The agency also gave the opportunity to the workers to report any failures and exposure to harm by their employers. Under the department of labor, reporting work related injuries is a core right of the employee and the employers are prohibited from retaliating or discrimination ( Peto et. al, 2016) .

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Regulations under the OSHA Act are also extended to temporary workers. The agency requires that they are treated as permanent workers. This extends from the staffing agencies to the host employers. OSHA guidelines will hold the host company responsible for any injuries that occur in the work place and more so if the organization has failed to comply with the necessary regulations. The health and safety standards ensure the workers’ health is looked after and this will motivate them to improve on their output ( Berzon, 2015) .

Before a company is issued with certification from OSHA they are required to undergo an extensive and lengthy regularization process. The employers need to show that they have put in place feasible measures to guard their workers against any sort of risks they might encounter while carrying out their tasks. They need to show that any materials of chemicals banned under the OSHA are not in use and that the regulations are updated often ( Peto et. al, 2016) .

Additionally, employers who use dangerous chemicals in their workplace are required to conduct training programs for their employees and ensure that they are well aware of the chemicals with which they are using. The employees need to be taught the safety guidelines in a language they can understand since not each person is conversant with scientific and mechanical vocabulary. Workers should be provided with the right safety equipment and any injuries registered in the work place should be properly documented. The employers have the mandate to employ workers who are fit mentally and physically especially where they are using heavy and hazardous equipment or materials ( Berzon, 2015) .

Injuries that take place under the suspicion of drug use are also covered by the agency. It has made clear that any drug testing conducted under a worker compensation laws would be permissible. However, there need to be sufficient grounds for an employer to declare that the injury took place while the worker was under the influence of drugs. Work places have strict regulations as to workers under medication prescribed or otherwise ( Berzon, 2015) .

The rights of the workers are protected under the OSHA Act where among others; workers are not required to be discriminated against. Workers are given the right to place a confidential file with OSHA that calls for the inspection of their work place where they suspect that the working conditions are not conducive. The rights of the workers are also protected from retaliation by their employers where they report cases of work related injuries ( Berzon, 2015) .

Lastly, employers are prohibited from using incentives programs towards their employees as a way of penalizing workers who report injuries sustained at the work place. The procedures and the regulations that are employed by a given company should be upheld despite any setbacks experienced. The work environment should be one that is free and not confining for the workers. Employees should not be afraid to report any grievances sustained in the workplace. If anything, when workplace injuries go unreported, they place the entire workplace at risk. Employers are not privy to the day to day activities in the workplace and they rely on the reports from the various supervisors. When the workers are not protected or compensated as is required then the reputation of the company is affected ( Peto et. al, 2016) .

References

 Berzon, A. (2015, November 3).   OSHA Fines to Rising for First Time Since 1990 . The Wall Street Journal. Retrieved from https://www.wsj.com/articles/osha-fines-to-rise-for-first-time-since-1990-1446603819  

Peto, B., Hoesly, L., Cave, G., Kretch, D., & Dieterle, E. (2016). Evaluation of the Occupational Safety and Health Administration’s Site-Specific Targeting Program Final Report . Retrieved from https://www.dol.gov/asp/evaluation/completed-studies/SST_Evaluation_Final_Report.pdf  

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