25/04/2024

HSSE WORLD

Health, Safety, Security and Environment

E-Books: Occupational Safety and Health Law Handbook

4 min read

Occupational Safety and Health Law Handbook By Melissa A. Bailey, ‎Matthew C. Cooper, ‎Frank D. Davis. The handbook begins with a review of the basic requirements of the law, who is covered, who is not, how safety and health standards are developed, how affected parties may participate, and how variances may sometimes be obtained when final standards conflict with other safety considerations at particular employment locations.

Nothing in the workplace is more important than employee safety and health.
Good safety and health conditions and practices are maintained by the dedication of all employees with the help of supervisors, management, and safety professionals. A major component of safety and health management is in compliance with the regulations and standards of the Occupational Safety and Health Administration
(OSHA) within the U.S. Department of Labor. This handbook provides important information regarding legal requirements and compliance responsibilities related to OSHA enforcement of safety and health requirements under the Occupational Safety and Health Act of 1970. All the authors of the handbook are experienced in occupational safety and health law. All are able to bring unique insights to the issues addressed. Together they provide in this handbook a comprehensive analysis of the issues that arise under federal and state OSHA programs. The handbook begins with a review of the basic requirements of the law, who is covered, who is not, how safety and health standards are developed, how affected parties may participate, and how variances may sometimes be obtained when final standards conflict with other safety considerations at particular employment locations.

The mechanism and details of enforcement are reviewed in the handbook, including those pertaining to jurisdiction, inspections, the authority of inspectors, citations, and monetary penalties. The implications of specific standards and the General Duty Clause established in the Occupational Safety and Health Act are analyzed.

Criminal law enforcement is also addressed. The rights of employers and employees are detailed and explained. These include rights to contest enforcement actions by the enforcing agency and protection of employees against unlawful discrimination related to protected safety activity.
Employee rights to know and employer recordkeeping and reporting obligations are also explained. All of these subjects are of critical importance to employers and employees. It is hoped that the users of this handbook will find themselves greatly aided in ensuring good safety and health compliance and as well as fair and even-handed enforcement by authorities.

Contents

The Contents of Occupational Safety and Health Law Handbook

  • Chapter 1 Occupational Safety and Health Act
  • Chapter 2 OSHA: The Rulemaking Process
  • Chapter 3 The Duty to Comply with Standards
  • Chapter 4 The General Duty Clause
  • Chapter 5 Recordkeeping
  • Chapter 6 Employers’ and Employees’ Rights
  • Chapter 7 Refusal to Work and Whistleblower Protection
  • Chapter 8 Hazard Communication
  • Chapter 9 Voluntary Safety and Health Self-Audits
  • Chapter 10 Inspections and Investigations
  • Chapter 11 Understanding and Contesting OSHA Citations
  • Chapter 12 Criminal Enforcement of Violations
  • Chapter 13 Judicial Review of Enforcement Actions
  • Chapter 14 Imminent Danger Inspections
  • Chapter 15 OSHA-Approved State Plans

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