The Occupational Safety and Health Administration (OSHA) was established in 1971 as the result of comprehensive federal legislation designed to improve workplace safety and aid the plight of workers across the United States.
But how did we get here?
Let’s take a detailed journey through the history that led to the creation of OSHA, exploring the critical moments and shifts in workplace safety that shaped the current landscape.
Working Conditions in the United States Before OSHA
Although OSHA regulations have significantly improved workplace safety and reduced work related injuries and fatal accidents at work, many workers still face considerable safety and health risks on the job.
But, what was the situation like before OSHA came into play?
To understand the impact of OSHA, we need to first examine the dire conditions that existed prior to its establishment.
Industrialization in the United States took off after the end of the Civil War, marking a new era of economic growth and technological advancement.
With this boom in industry, new sectors such as petroleum refining and steel manufacturing emerged, demanding a larger labor force and pulling many rural Americans into the cities.
This migration was driven by the promise of better job opportunities and economic stability.
Yet, this progress came with a heavy price.
Factory working conditions during the late 19th and early 20th centuries were notoriously harsh.
Workers endured long hours, often exceeding 12 hours a day, with minimal breaks.
Moreover, factory quarters were frequently cramped and poorly ventilated. Pay was meager, barely enough to sustain a family, and many workers lived in squalid conditions.
The human cost was steep.
Catastrophic injuries and deaths were alarmingly common, with machinery accidents being a frequent cause of injury and fatality.
Employers, however, largely ignored these issues, focusing on production and profit while neglecting worker safety.
But the workers were not entirely powerless. Frustrated by these inhumane conditions, they began to organize and advocate for change.
Workers’ Response and Early Legislation
Frustrated workers took action, driven by the need for safer working environments and fairer treatment.
They organized unions and launched strikes to challenge the abysmal conditions they faced. Their efforts gradually led to increased awareness and legislative action.
In 1877, Massachusetts passed the first law addressing workplace safety, known as the Massachusetts Factory Safety Act.
This act required guards on dangerous machinery, adequate ventilation, and emergency fire exits.
But this failed to solve the problem of inadequate job safety.
While this was a pioneering step, the impact was limited. Other states adopted similar laws, but enforcement was weak, and many workplaces continued to operate under dangerous conditions.
This inadequacy was highlighted by a series of tragedies that exposed the severe risks workers faced daily.
A Tragic Catalyst for Change
Then came a pivotal moment that would forever alter the landscape of workplace safety. On March 25, 1911, the Triangle Shirtwaist Factory in New York City caught fire, leading to the deaths of 146 employees.
This tragedy was a wake-up call for the nation. The fire exposed the dangerous working conditions and inadequate safety measures that had long been overlooked.
The factory’s locked doors and insufficient fire escapes were major contributing factors to the high death toll.
The Triangle Shirtwaist Factory fire was a significant catalyst for change.
Public outrage over the disaster led to increased pressure on lawmakers to address workplace health and safety.
Despite this momentum, it would still take decades before the federal government would implement comprehensive regulations.
Slow but Steady Progress
The aftermath of the Triangle Shirtwaist Factory fire saw some incremental improvements in workplace safety.
In 1936, the Walsh-Healey Public Contracts Act was enacted, offering some protection for workers employed by companies with federal contracts.
This legislation marked a significant step forward, but it was limited in scope and did not address the broader issues faced by most workers.
Why did it take so long for more comprehensive reforms?
Despite various reform attempts, worker health and safety remained secondary to management’s desires and economic needs for another thirty years.
The focus on industrial efficiency often overshadowed concerns for worker well-being.
However, significant changes were on the horizon.
The Post-WWII Era and Growing Awareness
After World War II, growing awareness of environmental and occupational hazards began to shift public opinion.
The exposure of toxic substances like asbestos and the rise of environmental movements highlighted the need for more comprehensive safety regulations.
The dangers of asbestos, in particular, became a major issue, as it was linked to serious health conditions such as asbestosis and lung cancer.
This heightened awareness of occupational hazards set the stage for the creation of the Occupational Safety and Health Act (OSH Act).
The 1960s and early 1970s saw increased advocacy for worker safety, driven by public concern over chemical exposures, environmental pollution, and unsafe working conditions.
The Birth of OSHA
In response to these growing concerns, the OSH Act was signed into law on December 29, 1970.
The Occupational Safety and Health Act of 1970 was landmark legislation aimed at providing a comprehensive framework for protecting worker health and safety.
The OSH Act established the Occupational Safety and Health Administration (OSHA) and marked a significant shift in how workplace safety was approached.
What does OSHA require from employers?
The OSH Act outlined specific responsibilities for employers to ensure a safe working environment. These requirements include:
- Removing recognized serious hazards: Employers must identify and eliminate potential hazardous conditions in the workplace.
- Complying with OSH Act requirements: Employers must adhere to OSHA regulations and standards.
- Providing safe tools and safety equipment: Employers must ensure that tools and equipment are maintained and used safely.
- Warning employees of potential hazards: Proper signage and communication about potential dangers are mandatory.
- Establishing safe operating procedures: Employers must develop and enforce procedures that protect workers from harm.
- Providing safety training: Workers must receive training on how to perform their jobs safely.
- Posting employee rights and responsibilities: A list of rights and responsibilities under the OSH Act must be displayed prominently.
- Refraining from retaliation: Employers cannot retaliate against employees who report safety concerns or exercise their rights.
And what about the workers themselves?
Worker rights under OSHA include:
- Being trained in a way that is understandable: Training must be clear and accessible to all workers.
- Working with safe equipment: Employees should have access to well-maintained and safe tools.
- Receiving appropriate safety gear: Personal protective equipment must be provided when necessary.
- Refusing to work under hazardous conditions: Workers have the right to refuse unsafe work.
- Requesting an OSHA inspection: Employees can request an inspection if they believe their workplace is unsafe.
- Reporting work injuries or illnesses: Workers must be able to report injuries and illnesses without fear of retaliation.
- Reviewing records of work injuries or illnesses: Workers have the right to access records of workplace injuries and illnesses.
- Seeing results of tests for workplace hazards: Employees should be informed about the results of any tests related to workplace hazards.
How OSHA Has Impacted Workplace Safety
Since its establishment, OSHA has made substantial strides in improving workplace safety.
In the 50+ years since OSHA was founded, there have been significant reductions in workplace injuries and fatalities.
For example, in 1970, there were approximately 14,000 workplace fatalities and 2.5 million injuries. By 2022, these numbers had dropped significantly, with 5,486 fatal work injuries and injury rates falling from 10.9 incidents per 100,000 workers in 1972 to 2.7 in 2022.
But it’s not all smooth sailing.
Despite these improvements, OSHA has faced criticism for its limitations. Some argue that OSHA’s standards are outdated and that the agency’s small budget, which was $632 million in 2023, complicates enforcement.
Moreover, OSHA’s penalties for non-compliance have been criticized as insufficient to ensure proper adherence to safety standards.
So, what about Texas?
OSHA covers private-sector employers and workers in Texas.
In 2022, there were 578 fatal occupational injuries in the state.
Despite OSHA citations, fatal workplace accidents have increased in recent years, underscoring the need for continued vigilance and improvement in workplace safety practices.
At the Houston law office of Dax F. Garza, P.C., we believe that workplace safety should be a top priority for all employers.
We are dedicated to fighting for injured workers’ rights and ensuring that they receive the compensation they are entitled to for preventable injuries or illnesses sustained on the job.
If you were injured at work, do not hesitate to contact Houston Work Injury Attorney Dax F. Garza, P.C., for a free case consultation.
Your safety is our priority, and we are here to support you every step of the way.
