OSHA in the Workplace: Inspections, Standards & Compliance

Introduction to OSHA and Its Purpose

The Occupational Safety and Health Administration (OSHA) is responsible for setting workplace standards as they pertain to health and safety. The purpose of OSHA is to ensure that American workers are not injured on the job. For jobs that are inherently dangerous, OSHA also establishes guidelines concerning how to address workplace injuries and hazards when they occur.

Bureaucratic Challenges Within OSHA

Throughout the country, millions of people sustain on-the-job injuries each year. In some instances, workers and businesses have reported problems associated with how OSHA handles these situations. According to an article entitled "The Way Out of the OSHA Ergonomics Debacle," there are significant disagreements concerning the manner in which OSHA conducts inspections and other workplace-related functions. That article explains that serious bureaucratic issues hamper both businesses and workers with respect to workplace inspections and complaint resolution.

A study published in the Journal of Public Administration Research and Theory examined the inner workings of OSHA and revealed several notable factors regarding workplace inspections and the bureaucracy present within the organization. According to the journal, OSHA tends to fall into a trap common to many government organizations as it pertains to autonomy (Kim, 2008). Because OSHA is a government agency, officials from various levels of government often seek influence over the organization and its policies (Kim, 2008). As a result, OSHA sometimes has difficulty ensuring that workplace inspections and employee complaints are handled efficiently. Many stakeholders have expressed frustration over the amount of time OSHA takes to resolve workplace problems (Kim, 2008).

This aspect of the research makes clear that OSHA has internal challenges related to management and efficiency. Although the organization performs a great deal of necessary work in enforcing safety standards, it appears that OSHA could do a better job of resolving complaints and problems in a timely and effective manner. Failure to do so adds to the frustration of both businesses and employees.

OSHA Inspection Triggers and Authority

Many managers and business owners are concerned about how OSHA operates. According to an article entitled "OSHA Inspection… Can It Happen to You?", OSHA has the authority to impose both civil and criminal charges on business owners who are not in compliance with its standards, making an inspection an unnerving prospect for many employers. The article identifies three circumstances under which OSHA is permitted to inspect the premises of a business.

The first circumstance arises when a business belongs to an industry whose illness or injury rate exceeds the average for that industry. In most cases, businesses with more than ten employees are subject to this type of inspection. OSHA also has the capacity to conduct inspections at any business that is part of a targeted industry — for instance, OSHA may choose to inspect all locations where coal is mined.

The second situation that authorizes an OSHA inspection is when a death or serious accident occurs on the premises. If an individual is badly injured at a workplace, OSHA has the right to subject that location to an inspection. In such cases, the OSHA inspector must verify that the environment is in compliance with established rules and determine whether the incident resulted from an accident or from ignored safety measures.

The third situation that permits an OSHA inspection is when an employee files a complaint. Employees have the right to work in safe environments that are conducive to productivity. When an unsafe situation exists, employees may notify OSHA so that the complaint can be investigated. OSHA is expected to take such complaints seriously and address them promptly. Failure to do so could expose OSHA itself to legal scrutiny.

Conclusion

OSHA plays an important role in ensuring that people remain safe in the workplace. The organization is responsible for conducting inspections and responding to complaints. While OSHA is instrumental in safeguarding American workers, it has faced scrutiny related to its internal management practices, including the slow bureaucratic processes common to many government agencies. However, OSHA is working to become more educational and communicative in its dealings with employers. Ultimately, OSHA remains a necessary institution for guaranteeing that businesses and organizations comply with the health and safety standards that protect both employees and customers.

References

Gaudio, B. (2005). OSHA inspection… Can it happen to you? NFIB Legal Foundation. Retrieved July 26, from

Kim, D. (2008). Political control and bureaucratic autonomy revisited: A multi-institutional analysis of OSHA enforcement. Journal of Public Administration Research and Theory, 18(1), 33+.

Macleod, D. (2000). The way out of the OSHA ergonomics debacle. Retrieved July 26, from http://www.danmacleod.com/Articles/OSHA_Debacle.htm

Nash, J. L. (2003, December). The top 10 ways to get into trouble with OSHA: What are the most common, and the most effective, ways for a company to have big problems with OSHA? We asked more than a dozen experts, and found a surprising consensus. Occupational Hazards, 65, 27+.

Nash, J. L. (2004, August). Inside story: Working for OSHA; What do agency employees — those faceless bureaucrats so often ridiculed by American industry — think of their jobs, their mission and the institution they work for? The answers may surprise you. Occupational Hazards, 66, 24+.