When was OSHA Created?
OSHA was created in 1971, one year after Congress had enacted the Occupational Safety and Health Act (the OSH Act) “to assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; [and] by assisting and encouraging the States in their efforts to assure safe and healthful working conditions.”
Key Moments in OSHA’s Journey
- 1970 – Enactment of the OSH Act by Congress.
- 1971 – OSHA adopts inaugural safety and health regulations.
- 1972 – The OSHA Training Institute is launched.
- 1972 – First OSHA State Plans receive approval.
- 1978 – Introduction of the Field Sanitation Standards.
- 1983 – Publication of the Hazard Communication Standard.
- 2002 – Standards for Exit Routes, Emergency Action, and Fire Prevention Plans unveiled.
- 2010 – OSHA announces a Severe Violator Enforcement Program to monitor non-compliant employers.
- 2016 – A new rule mandates electronic submission of Form 300A to bolster workplace injury and illness tracking.
OSHA’s Early History
While 1971 marked the official establishment of the Occupational Safety and Health Administration, the foundations of the Administration were laid much earlier. OSHA assumed many roles previously performed by the Bureau of Labor Standards – which had been responsible for workplace safety since 1922 – and adopted existing industry-specific and state safety regulations.
Consequently – and with the resources provided for the Administration by Congress – OSHA was able to hit the ground running. Within a year it had established the OSHA Training Institute, promulgated its first standard (lowering the permissible exposure limit for asbestos fibers), and approved three OSHA State Plans in South Carolina, Montana, and Oregon.
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Further regulatory action focused on developing standards that would have a lasting impact on workplace safety and health. The Field Sanitation Standards in 1978 ensured that agriculture workers had access to drinking water, toilets, and hand washing facilities, while the Hazard Communication Standard was initially adopted in 1983 for a limited number of industries before being expanded to cover all industries in which employees are exposed to potentially hazardous chemicals in 1987.
The 1980s and 1990s
Throughout the 1980s and 1990s, OSHA continued to adopt and refine standards, and focus its enforcement activities on high-risk industries. As technology evolved, the Administration was able to improve its data collection and analysis capabilities and expand outreach and education initiatives. OSHA also launched the free On-Site Consultation Program for small and mid-sized businesses.
In 1990, the Omnibus Budget Reconciliation Act dramatically increased the penalties for OSHA violations. Most penalties for serious, repeat, or failure to abate violations were three to four times higher than previously, a new minimum penalty of $5,000 per violation was introduced for willful violations, while the maximum penalty increased seven-fold (up to $70,000 per willful violation).
Despite having increased powers of enforcement, the Administration adopted a “cooperative partnership” approach to OSHA compliance throughout the 1990s. This approach included penalty reductions and other incentives to employers who could demonstrate a good faith effort to protect employees. It helped OSHA reduce workplace injuries and illnesses by 20% by 2002.
OSHA in the 2000s
The 21st century has seen OSHA evolving its standards to address contemporary workplace challenges. Programs like the Training Institute, Voluntary Protection, and On-Site Training have expanded, while the new Safety and Health Achievement Recognition Program incentivizes businesses to lose fewer days to injury and illness than the national average for the industry.
However, the past few decades have not been lacking in challenges. In 2001, Congress repealed OSHA’s Ergonomics Rule in response to concerns that the Rule was overly complex and would impose a significant compliance burden on businesses. In the same year, OSHA was the lead agency in the response to the World Trade Center Attack and the anthrax attacks on the U.S. Postal Service.
OSHA has also been heavily involved in responses to natural disasters such as hurricanes and wildfires to evaluate work practices, develop strategies, and provide expert safety information. It has been estimated that 618,000 fatal injuries have been prevented since OSHA was created; but, with an average of 275 workers dying each day due to a workplace injury or illness, there is still work for OSHA to do.
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