Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 72
OSHA
Section
§ 72.01 Federal OSHA
§ 72.02 State Enforcement of OSHA
§ 72.03 Minnesota OSHA
§ 72.04 Inspection of Places of Employment
§ 72.05 Employer Consent to Inspection
§ 72.06 Notification to Employer of Violations
§ 72.07 Employer’s Rights and Duties
§ 72.08 Employee Rights and Duties
§ 72.01 Federal OSHA
The federal Occupational Safety and Health Act (OSHA) became
effective on April 28, 1971.1 It is the first comprehensive federal law
governing the health and safety conditions of employees and their work
places. It is administered and enforced at the federal level by three
agencies. The Occupational Safety and Health Administration, located in
the United States Department of Labor under the Secretary of Labor,
issues occupational health and safety standards (OSHA standards) to
augment OSHA’s General Duty Clause through rulemaking
proceedings.2 The Occupational Safety and Health Review Commission
(OSHRC) is an independent adjudicatory agency which, through hearings
before administrative law judges, assists in the review of cases involving
alleged OSHA violations.3 The National Institute of Occupational Safety
and Health (NIOSH) is a research and development agency which
conducts studies of occupational hazards and makes recommendations
with regard to occupational standards for the workplace.4
The General Duty Clause of OSHA5 incorporates several of the Act’s
underlying principles by stating:
Each employer shall furnish to each of his employees employment
and a place of employment which are free from recognized hazards that
are causing or are likely to cause death or serious physical harm to his
employees.
Almost every nongovernmental employer in the United States,
irrespective of size, is subject to OSHA’s specific standards and this
General Duty Clause.6 Only employers who have employees or working
conditions subject to the occupational safety or health standards and
regulations of certain other state or federal statutory schemes are exempt
from duplicative OSHA coverage.7
OSHA is enforced against individual employers through a process of
government inspection,8 the issuance of notices and citations for
violation of OSHA standards,9 the administrative adjudication and
judicial review of disputed violations,10 and the imposition and collection
of fines and penalties.11 The identity of the governmental agency involved
in OSHA enforcement depends on whether the state of the employer’s
workplace location has adopted an OSHA-approved state plan.12
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis