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<strong>Food</strong> <strong>Service</strong> <strong>Manual</strong> <strong>for</strong> <strong>Health</strong> <strong>Care</strong> <strong>Institutions</strong><br />

438<br />

Occupational Safety and <strong>Health</strong> Administration<br />

The William Steiger Occupational Safety and <strong>Health</strong> Act of 1970, enacted by Congress in April<br />

1971, mandated safe and healthful working conditions. The act established OSHA as the federal<br />

agency that administers legislation within the U.S. Department of Labor. The goal of the<br />

act is “. . . to assure, so far as possible, safe and healthful working conditions, and to preserve<br />

human resources <strong>for</strong> every working man and woman.” The act covers every employee of a private<br />

commercial business with one or more employees. (Different federal laws and government<br />

agencies regulate other workplaces, and so their employees are not covered by OSHA regulations.)<br />

<strong>Health</strong> care institutions of all kinds fall under the jurisdiction of OSHA, although state<br />

and local governments are exempt from these standards. Individual states also have the power<br />

to establish occupational safety programs <strong>for</strong> their employees.<br />

OSHA Record Keeping<br />

An OSHA regulation (29 CFR 1904.2–8) requires that employers gather and record all available<br />

in<strong>for</strong>mation about work-related accidents and illnesses that occur in the workplace.<br />

Federal regulations require employers with eleven or more employees at any time during the<br />

preceding calendar year to complete OSHA Forms 100, 101, and 102, to be maintained <strong>for</strong> five<br />

years (excluding the current year). Forms 100 and 101 must be kept current to within six days.<br />

Form 102 must summarize all occupational injuries and illnesses <strong>for</strong> each calendar year and be<br />

posted in the workplace no later than February 1 each year and remain posted until March 1.<br />

The <strong>for</strong>ms must be posted even if there were no injuries or illnesses during the calendar year,<br />

with zero entered on the total lines. Employers must keep records of all work-related accidents<br />

and illnesses, including those that result in any of the following:<br />

• A fatality<br />

• A loss of consciousness<br />

• A lost workday or workdays<br />

• A need <strong>for</strong> medical treatment<br />

• An employee’s transfer or termination<br />

• A death or the hospitalization of five or more employees<br />

• A need <strong>for</strong> employees to be advised of excessive exposure to hazardous substances<br />

In addition, employers are required to post one full-size (10-by-16-inch) OSHA poster<br />

(OSHA 2203), or a state-approved poster where required, in the workplace. The purpose of<br />

the poster is to in<strong>for</strong>m employees of their rights under OSHA regulations.<br />

OSHA also encourages states to develop and operate their own OSHA-approved workplace<br />

safety and health programs, which the federal agency monitors to determine its level of<br />

commitment and effectiveness. OSHA uses quarterly reports and semiannual evaluations as<br />

tools to oversee state plans, and each quarter states having their own programs submit a summary<br />

of their en<strong>for</strong>cement and standards activities. After analyzing each state’s progress toward<br />

meeting its standards and en<strong>for</strong>cement goals, OSHA conducts investigations of the per<strong>for</strong>mance<br />

of individual states and summarizes its findings in a comprehensive report that is submitted<br />

to the state every six months. The state is then given an opportunity to respond to the<br />

report and the recommendations.<br />

OSHA Inspections<br />

To determine whether a workplace is safe and healthful, OSHA officials are allowed to enter a<br />

place of business at any time <strong>for</strong> purposes of inspection. They may do so either in response to<br />

complaints filed against an employer or as part of a random inspection. On-site inspections<br />

also are conducted when OSHA has reason to suspect imminent employee endangerment and<br />

when a fatal accident or other catastrophe has occurred at the work site.

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