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OSHA covers nearly all employers in the private sector. The act describes its purpose as providing safe and healthful working conditions for "every working man and woman in the Nation." (see note below regarding specialized industries).

Any State which desires to assume responsibility for development and enforcement of occupational safety and health standards may have and enforce a State plan which is equal to or greater than the federal OSHA standards.  (Note: OSHA record-keeping and reporting are still required)

Washington, Oregon, and California have developed state plans equal to or more stringent than the federal OSHA standards.

The act's coverage is defined in terms of two criteria: Work activities and geographic areas. The activities covered relate to "employment performed in a workplace." The boundaries of geographic coverage are limited to the United States and its territories.

The act addresses injuries and illnesses arising out of "work situations."  The act deals with preventing employee illness as a result of their "work experience".  Its coverage is intended to go beyond specific job tasks to encompass the total work environment. Also, the scope of employments covered is extensive.

EMPLOYER defined:  The term "employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States, or any State or political subdivision of a State.

It should be noted the term "employer" applies to persons in a business "affecting" commerce, not just engaged" in interstate commerce. Therefore, the coverage of the act is extensive since there are few employers who do not affect commerce.  The regulations also interpret the term "business" as any commercial or noncommercial activity affecting commerce and involving the employment of one or more employees.

The Act encourages States to assume responsibility for occupational safety and health programs under the State's own plan, which must be approved by the US Department of Labor. Each State-plan must include coverage of public employees of the State, and it must be "at least as effective" as Federal OSHA's protection of private sector employees.

EMPLOYEE defined:  The act defines an employee as one who is employed in the business of his employer.

The traditional common law definition of an employer is one who has the right to control and direct his employees, not only regarding the result to be accomplished by the work, but also as to the details and means by which the work objective is accomplished.

The term "employee" has been broadly interpreted under the OSHA Act.  Employees include part-time, temporary, or limited service workers.  Employee status involves a current employment relationship.  Under the act, this status is generally limited to situations where the employee receives some sort of compensation (not necessarily money) from the employer for services rendered.

Whether or not exposed persons are employees of an employer depends on several factors, the most important of which is who controls the manner in which the employee performs their assigned work. The question of who pays these employees may not be the determining factor.

Safety Management and Reporting  (click here to see OSHA reporting requirements)

Safety Programs consist of at least three elements:

For assistance with "OSHA Record-Keeping and Compliance" contact:

HRConsulting@hralt.com

Note: some industries are not covered by OSHA and/or state safety regulations; however, there may be other federal regulations that do cover these industries such as the Jones Act, Longshoremen and Harbor Workers' Compensation Act, and the Mine Safety and Health Administration.