Federal Environmental and Workplace Safety Laws Explained

Introduction to the EPA and Federal Environmental Law

In the United States, most federal legislation and regulations concerning environmental protection, including occupational safety laws, fall under the rubric of the taxpayer-funded Environmental Protection Agency (EPA). The head of the EPA is appointed by the President of the United States, and the agency employs public policy analysts, economists, and environmental scientists. The EPA was formed in 1970 and has since helped create and enforce a number of different laws. All EPA laws reflect federal, state, and local authority, and therefore can be enforced nationwide. The origin of the EPA's federal jurisdiction is outlined in its charter document, the National Environmental Policy Act of 1969 (NEPA). According to the EPA, the NEPA "establishes policy, sets goals, and provides means for carrying out the policy" ("Major Environmental Laws").

Some of the most significant and well-known federal environmental protection laws include the Clean Air Act, the Clean Water Act, and the Occupational Safety and Health Act. Dozens of other acts have been passed under the EPA's authority, but among the most pertinent are the following: the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund); the Emergency Planning and Community Right-to-Know Act (EPCRA); the Endangered Species Act; the Federal Insecticide, Fungicide, and Rodenticide Act; the Federal Food, Drug, and Cosmetic Act; the Food Quality Protection Act; the Freedom of Information Act; the Oil Pollution Act of 1990; the Pollution Prevention Act; the Resource Conservation and Recovery Act; the Safe Drinking Water Act; the Superfund Amendments and Reauthorization Act; and the Toxic Substances Control Act.

The Clean Air Act and Workplace Air Quality

The Clean Air Act (CAA) sets emissions standards for multiple sources, from automobiles to factories. In order for the CAA to be effective, the EPA must continually establish and reestablish benchmark standards for air quality and for the content of emissions. Such standards are set forth by the National Ambient Air Quality Standards (NAAQS), which the CAA essentially authorizes the EPA to create. The CAA is an attempt to reduce the levels of toxic chemicals in the air, as well as to reduce the possibility of acid rain and other related problems.

The CAA has major impacts on large and small organizations alike. On the one hand, it restricts which chemicals and which chemical processes organizations can use in manufacturing. The CAA may also require organizations to hire specialized engineers and scientists for product development, research, and analysis. It aims to improve air quality within workplaces as well as in the surrounding community by establishing long-term emissions goals. However, the CAA does not necessarily pertain to the air quality of the immediate workplace environment and does not necessarily protect employees from workplace air contaminants. Working in close proximity to or in direct contact with hazardous chemicals can pose significant health problems for employees and their families, who may be required to wear personalized protective equipment.

The Clean Water Act and Occupational Safety and Health Act

The Clean Water Act (CWA) "established the basic structure for regulating discharges of pollutants into the waters of the United States" ("Clean Water Act"). Water safety, like air safety, pertains to the broader community as well as to the workplace itself. The CWA implies that manufacturers and other potential polluters must regulate which chemicals they emit into groundwater, and therefore affects workplace safety indirectly.

The Occupational Safety and Health Act (OSH Act), passed in 1970, is the federal act most pertinent to workplace health and safety. Its provisions address "exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions" ("Occupational Safety and Health Act"). The acronym OSHA refers both to this act and to the important regulatory body it created, the Occupational Safety and Health Administration. Additionally, the act provided for the creation of the National Institute for Occupational Safety and Health (NIOSH), which serves as the research-based organization helping to inform OSHA's public policy decisions.

The OSH Act covers a broad range of issues and may be considered the fundamental federal regulatory act regarding safety and health management in the workplace. Because OSHA is officially a part of the United States Department of Labor, the act focuses on legal and liability issues as much as it does on employee health and safety. It is designed to clarify matters of organizational behavior and responsibility as well as worker behavior and responsibility. The OSH Act includes guidelines for official disclosure of information, proper training, and civil and criminal penalties for violations. It protects employees and management alike and can serve as a springboard for mediation between organizations and labor unions. Safety supervisors should be familiar with OSHA's provisions in order to effectively mediate between workers and their immediate supervisors.

Conclusion

The body of federal environmental and workplace safety law in the United States is broad, interconnected, and directly relevant to organizations of every size and industry. From the overarching framework established by the EPA and the National Environmental Policy Act to the targeted provisions of laws like OSHA, the Clean Air Act, FIFRA, and the Oil Pollution Act, these statutes collectively define the legal and ethical obligations of employers, employees, and organizations with respect to environmental protection and workplace safety. Safety managers and supervisors benefit from a thorough understanding of this regulatory landscape in order to ensure compliance, protect workers, and promote a culture of safety within their organizations.

Works Cited

"About EPA." 2005. EPA.gov.

"Clean Water Act." EPA.gov.

"Endangered Species Act." EPA.gov.

"Freedom of Information Act." EPA.gov.

"Major Environmental Laws." 2005. EPA.gov.

"Occupational Safety and Health Act." EPA.gov.

"Pollution Prevention Act." EPA.gov.