Employers and safety professionals must know which particular law applies to the specific "working conditions" and hazards in order to be in compliance.
Which government agency is responsible for workplace safety? Most safety professionals would say, "the Occupational Safety and Health Administration, of course." That answer would be correct most of the time. After all, the purpose of the Occupational Safety and Health Act (OSH Act) is to "assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources."
Congress further provided the OSH Act "shall apply with respect to employment performed in a workplace in a state or the District of Columbia." Moreover, the OSH Act defines an "employer" as "a person engaged in a business affecting commerce who has employees, but does not include the U.S. or any state or political subdivision of a state."
So it would appear that OSHA is the government agency responsible for safety, at least for private employers with at least one employee located in the United States and its territories. Municipalities also may be covered by OSHA, and state OSHA plans may cover certain government employees in these states. But does OSHA cover all workplaces or all parts of all workplaces?
Safety Preemption: Are There Limits on OSHA's Jurisdiction?
The OSH Act is not, and was not intended to be, the nation's only safety and health law. Other federal laws affect workplace safety and health. To avoid duplication of efforts between government agencies, Congress provided that if another agency has authority to regulate safety of certain working conditions, then OSHA's authority to do so will not apply.
The OSH Review Commission, in Mushroom Transportation Co., held that once another federal agency exercises its authority over specific working conditions, OSHA cannot enforce its own regulations covering the same conditions. Congress has passed certain statutes, however, that provide other agencies authority to regulate particular working conditions. But those statutes expressly state they do not preempt OSHA's authority to regulate occupational safety and health in those work places.
Originally published by ohsonline.com
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