by Leanne Coffman

Created on: January 28, 2009   Last Updated: March 01, 2009

"Hello. I am with OSHA, here for an inspection of your facility." If you are in management or a small business owner, those words most likely will cause an erratic racing of your heart.

What IS OSHA? You may not even be fully aware of the scope of OSHA, but you are cognizant it's not good to have them standing poised to enter your plant. Why do they drop in on companies to seemingly wreck havoc on the nerves of management? Can you refuse to allow them access to your facility?

Answering these questions requires some background into the development and history of OSHA. In the 1960's, the accident rate per employee was significant. Fatalities in the workplace were mounting. There was not a national uniform code of safety conduct in place to protect workers. Instead there had been a loosely fabricated piecemeal of states laws, often without funding to inspect or enforce these safety standards.

After a lengthy battle in Congress, the Occupational Health and Safety Act, (OSH Act of 1970) was signed by President Richard Nixon on December 29, 1970. The Occupational Safety and Health Administration (OSHA) was thereby established April 28, 1971. Its mission was stated, "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." The OSH Act of 1970 placed OSHA under the umbrella of the Department of Labor.

Two types of OSHA exist; Federal and State. Twenty six states have their own State Plan. This is why if you live in Indiana, you may get an inspection from the Indiana Department of Labor (IOSHA). In other states, such as Illinois, it will be simply, OSHA (Federal OSHA). All states with their own plan adopt the Federal Occupational Safety and Health Administration Standards, but incur their own additional interpretation. These interpretations are never less than the Federal laws, but rather enhancing them.

OSHA's creation was meant to, "Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health standards." Additionally, OSHA is to provide for research in safety standards, develop ways to improve existing hazards, maintain record keeping regarding job related injuries and illnesses, establish training programs for their own personnel, and determine separate responsibilities of both the employer and the employee.

And that final one- the reason there is an OSHA Inspector lurking in your company foyer, "to develop mandatory job

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