Workplace safety has changed drastically over the years. Were the Occupational Safety & Health Administration, established in 1971 by Congress never created there would likely be increased work-related accidents, increased sick leave by employees, higher workplace mortality rates, and a decrease in employer revenue. OSHA is responsible for assuring the work environments of men and women are healthy and safe. It does so by setting and enforcing workplace safety standards. Other services provided by OSHA in its effort to ensure workplace safety include training, education, outreach and assistance. Since its creation in the 1970s OSHA has joined forces with states, employers and advocates across America to impact workplace safety.
New York State & Federal Workplace Safety
New York State’s Department of Labor (NYSDOL) was born as a result of the March 25, 1911 fire at the Triangle Shirtwaist factory in New York City, which resulted in the deaths of 146 workers – mostly teenage girls – because there was no safe way to escape from the burning building. Although the fire only lasted 30 minutes and the building was touted as fireproof, the working conditions were hazardous and the owners refused to install sprinklers. Consequently, the NYSDOL set state rules creating standards for wages, hours, sanitary conditions and workplace safety. New York’s Division of Safety and Health (DOSH) is one of three divisions within the state’s Worker Protection Bureau.
In the 1970s, under the Nixon administration, the bipartisan Occupational Safety & Health Act (the Act) was signed into law and OSHA was created one year later. The first-ever federal workplace safety standards created include baselines for safety and health protection.
Over the next decade, OSHA issued a historic rule mandating employers to provide employees and their doctors with access to exposure as well as medical records. OSHA established an egregious violation policy, granting it authority to impose penalties on companies with repeat offenses. During the 1990s, OSHA issued its final rule protecting almost 2 million public and private sector employees exposed to toxic substances from spills or at hazardous waste sites. During this time period OSHA also strengthened protections requiring employers to provide standard fall protection to employees in response to these types of accidents being the leading cause of death in the construction industry.
During the 2000s, OSHA passed the Needlestick Safety & Prevention Act strengthening its worker protections for bloodborne pathogens. Additionally, OSHA issued its largest fines in history in response to Texas City’s BP refinery explosion and increased safety inspections at oil refineries across America. OSHA also initiated rulemaking specifically addressing fire and explosion hazards of combustible dust in response to several related, deadly explosions. Finally, a historic new rule that replaced an existing, 40-year-old standard, was issued. This rule was designed to improve worker protection from falls, and prevent the leading cause of fatalities for crane and derrick operators. OSHA reported that since its passage in the 1970s, the rate of reported serious workplace injuries and illnesses has declined. This has dropped from 11 per 100 workers seriously injured as reported in 1972 to 3.6 per 100 workers as reported in 2009.
New York Employment Lawyer
If you or someone you know has been injured on the job, contact a seasoned Brooklyn personal injury lawyer right away to preserve your rights under state and federal laws. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serve all of New York, including Brooklyn and the Bronx and handle several different types of accident cases. Call (718) 237-5586 today to schedule your initial consultation.
