Health and Safety in the USA
Born in the USA
By the end of the 19th Century, the USA had overtaken the whole of the British Empire as the world’s largest economy. Various estimates place the USA’s gross domestic produce (GDP) at six times that of the UK – clearly a marketplace worth wooing by multinationals.
Whilst the UK is – rightly enough – proud of the improvements to workplace health and safety standards that followed on from the Health & Safety at Work Act (HASAWA) 1974, let’s not forget that the United States of America were four years ahead of us. They launched their Occupational Safety and Health Act (OSHA) as early as 1970!
"You say tomatoes..."
Like our own 1974 Act, OSHA has stood the test of time and is still in force today.
Like other aspects of life on either side of the Pond, there are, however, differences in approach.
One immediate difference is that OSHA allows individual states to produce their own versions – provided these are at least as effective as the Federal Act.
An interactive map illustrates which of the 29 US states currently operates a “state plan” (7 of which apply only to state and local government workers). Clearly, an organisation seeking to do business Stateside needs to be aware of any departures over and above federal law.
Enforcement
Like their counterparts from the UK’s Health & Safety Executive (HSE), OSHA inspectors have the right to enter working premises, interview employees, carry out inspections, and bring with them any necessary specialists.
They may write a “citation” – an enforcement notice – on any non-compliant activities, which can attract an escalating series of fines if left unresolved.
Employers have the right to contest any citations.
Serious or repeat violations can attract fines of $156k per offence (which can be reduced for companies employing smaller workforces). The USA has no corporate manslaughter legislation.
Guidance
OSHA’s main goal: “employment and a place of employment which are free from recognized hazards” is not dissimilar from HASAWA’s:
“to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all…employees.”
The question for employers all over the world is the interpretation of “recognized hazards”.
Like their UK counterparts, OSHA inspectors assess workplaces against laid-down Standards – comparable to the HSE’s Approved Codes of Practice.
Wherever OSHA standards don’t mirror European standards e.g. for manual handling, display screen equipment, risk assessment, welfare, and many other EU standards, OSHA often encourages the adoption of best practice.
It is often said that the USA has the highest number of lawyers per capita than any other country, so expect any shortcomings to be robustly dealt with!
NIOSH
OSHA also established NIOSH as a research agency for setting standards, analogous to the Health & Safety Executive Science and Research Centre (formerly “HSE Laboratory”).
Comparison table
 |  | |
| Primary legislation | Health and Safety at Work Act 1974 | Occupational Safety and Health Act 1970 |
| County/state versions | No | Yes |
| Enforcement | Health & Safety Executive (factories) Local Authority (other businesses) | OSHA Inspectors |
| Max penalty | £Unlimited 12 months imprisonment | $156,259 per offence 6 months imprisonment |
| Corp manslaughter | Yes | No |
| Secondary legislation | Regulations | Standards |
| Sample Guidance | Manual handling Display screen equipment Risk assessment Personal protective equipment Noise | Musculoskeletal disorders Computer workstations Non- mandatory guidelines for hazard assessment, PPE Noise |
Contact us
Arinite clients worldwide appreciate we provide practical, no-nonsense advice about what you need to do to establish and maintain a safe and healthy working environment.
Our team of health and safety consultants take pride in keeping health and safety simple.
If you need to call upon our expert assistance, or just for an informal chat, please call our office +44 207 947 9581, or type an enquiry to: https://www.arinite.com/contact-us/.
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