Occupational Safety & Health (OSH) Act

What Is the Occupational Safety & Health Act?

The Occupational Safety & Health (OSH) Act is a U.S. federal law that enforces safe working conditions and practices for businesses in the private sector with at least one employee. It doesn’t apply to self-employed individuals or most state and local government employees, unless they are covered under an OSHA-approved state plan. 

The OSH Act has special provisions for the construction, maritime, and agricultural industries due to their greater exposure to hazardous environments and harmful substances. Additionally, it defines requirements for special company activities, including recordkeeping, signage, and whistleblower protections against retaliation for reporting employer noncompliance. 

Who Is Responsible for the OSH Act?

The Occupational Safety & Health Administration (OSHA) is responsible for overseeing the OSH Act. Its responsibilities include conducting research, providing education and training, updating the law regularly, and conducting investigations. In cases of serious criminal offenses, OSHA can refer noncompliant businesses to the DOJ or state authorities for prosecution.

What Are the Possible Penalties Under the OSH Act?

The OSH Act distinguishes between violations and criminal offenses based on severity, awareness, the employer’s history, and the employer's willingness to cooperate. While the Act sets baseline amounts, independent enforcement guidance updates penalties annually to account for inflation, with current charges exceeding $16,550 per violation.  
 

What Does the Occupational Safety & Health Act Require?

Employers are required to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm, post standardized warnings; equip employees with appropriate personal protective equipment (PPE); maintain accurate records of injuries, illnesses, and deaths; and comply with OSHA standards and reporting obligations.

The OSH Act protects employees who report safety concerns from retaliation, but it does not explicitly require employers to provide an anonymous reporting channel.

Under the OSH Act, employees are required to comply with necessary safety standards and assist their employers in improving workplace safety by reporting unsafe conditions or practices. In return, they are guaranteed protection from retaliation for their whistleblowing efforts. 

Why Is the Occupational Safety & Health Act Important?

The OSH Act is important because it establishes nationwide workplace safety standards, authorizes inspections and enforcement, and promotes ongoing research and education to reduce workplace injuries, illnesses, and deaths. 

Under the threat of penalties, it forces private-sector businesses to implement necessary protections and to allow employees to earn a wage without worry.

How Does FaceUp Help Comply with the OSH Act?

Under the Occupational Safety and Health Act, a basic web form or a dedicated email inbox simply isn’t enough to securely handle sensitive reports. But with FaceUp, you can take the heavy lifting out of compliance and focus on solving issues, rather than shredding paper.  

FaceUp provides fully anonymous reporting via mobile app, hotline, and web portal, along with secure case management that automatically generates required audit trails and compliance documentation in 113+ languages.

This means employees can speak up safely, organizations stay audit-ready, and compliance with PSIA regulations is simplified.