“Conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment” [Sec. 3 (8) As Published by DIANE Publishing, p. 185]. This Act according to the Book Neurotoxicity published by DIANE Publishing, authorizes OSHA to “promulgate new standards for toxic materials and to modify or revoke existing ones” (p.185) to ensure that no employee will suffer material impairment of health or fictional capacity even if such employee is regularly exposed to the hazard dealt with by such standard for the period of his working life.
The enactment of the OSH Act created the establishment of the National Institute for Occupational Safety and Health (NIOSH) which was tasked to “develop and establish recommended occupational safety” (p. 185).
The OSH Act includes all employers and employees all through out the fifty states including the District of Columbia, Puerto Rico and other U. S. territories. It covers all the field of employment including medicine and law. However, self employed individuals, farms that employs immediate family members, working conditions regulated by federal agencies working under the authority of other federal laws which regulate the safety of the workers such as in mining, in nuclear energy plant, and some aspect of transportation industries. State and local government workers are also not included unless in some circumstances that state is operating an OSHA-approved plan.
With the enactment of OSH Act workers are assured of a better working condition as the OSHA monitors and ensures that employers are meeting compliance requirements to ensure the workers safety in the work place. Under the provisions of the OSHA, employers are mandated by law to promote the safety of their employers against any harmful or hazardous materials by providing them protective equipment to prevent untoward incidents.
The employers also oblige to train their employees on the use of such equipments as the helmet, eye protection, hearing protection, special goggles for welders, hard-toed shoes, and gauntlets for iron workers (Employment Law Guide). The OSHA also grants employees some important rights such the right to complain to about the health and safety conditions in their work places, with their identities confidentially kept by OSHA.
Employees have also the right to contest allowed for correcting violations of standard, and to take part in OSHA workplace inspection. The section II (c) of the OSHA provides the private sector employees protection against reprisal of the employers which concern on employers discriminatory act. Upon investigation by the OSHA and it found out the complaints were true, the OSHA will require the employer to reinstate any lost benefit to the affected employee. In this type of legal battle under the OSHA provisions, the employee is pays no legal fees.
Thus, Both the FMLA and the OSHA are two important Acts that provides the employees’ and workers’ important benefits to their health and safety.
Employment Law Guide: Chapter: Occupational Safety and Health “U. S. Department of Labor December, 2008 http://www. dol. gov/compliance/guide/osha. htm#Penalites Neurotoxicity: Identifying and controlling Poisons of the Nervous System: New Development in Neuroscience USA: DIANE Publishing Ossip, M. J. , Hale, R. M. , Coleman, G. V. , & Talwani, I. (2006) The Family and Medical Leave Act USA: BNA Books