Page 80 - Occupational Health & Safety, October 2018

TRANSPORTATION SAFETY
OSHA and DOT Laws—
Which Apply to Facility and Operations and When?
Employers and safety professionals must know which particular law applies to the specific “working conditions” and hazards in order to be in compliance.
BY TODD B. LOGSDON
Which government agency is responsible for workplace safety? Most safety pro- fessionals would say, “the Occupational Safety and Health Administration, of course.” That answer would be correct most of the time. After all, the purpose of the Occupational Safety and Health Act (OSH Act) is to “assure so far as pos- sible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources.”
Congress further provided the OSH Act “shall ap- ply with respect to employment performed in a work-
place in a state or the District of Columbia.” Moreover, the OSH Act defines an “employer” as “a person en- gaged in a business affecting commerce who has em- ployees, but does not include the U.S. or any state or political subdivision of a state.”
So it would appear that OSHA is the govern- ment agency responsible for safety, at least for pri- vate employers with at least one employee located in the United States and its territories. Municipali- ties also may be covered by OSHA, and state OSHA plans may cover certain government employees in these states. But does OSHA cover all workplaces or
76 Occupational Health & Safety | OCTOBER 2018
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