IMPORTANT FINDINGS IN OSHA CASES

Important Findings in OSHA Cases

Important Findings in OSHA Cases

Introduction

In response to rising concerns about worker and workplace safety, the U.S. Congress passed the Occupational Safety and Health Act of 1970 (OSHA). Enacted under the federal government's Constitutional right to regulate interstate commerce (Bayer, 2006), the legislation aims to guarantee that workers across the United States have a workplace which is free from hazards like machinery dangers, constant loud noises, temperature extremes, unsanitary conditions, and toxic chemicals.

Important Findings in OSHA Cases

OSHA covers all employers and their employees in any U.S. state or territory. An employer is “any person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a state.” As a result, many industries and businesses are covered by the employer definition, granting OSHA control over safety regulations in manufacturing, agriculture, law, medicine, charity, and education, as well as other fields. However, the law doesn't encompass all U.S. workers; those who are self-employed, farms which rely only on family members, industries which interact with and run under the authority of other federal agencies and laws, and some government employees are not covered by OSHA (Bayer, 2006).

Austin Road Co. v. OSHRC and Builders Steel Co. v. Marshall

These petitions for review of an order of the Occupational Safety and Health Review Commission (commission) pose the threshold issue whether the record establishes that Austin Road Company is an employer within the meaning of 29 U.S.C. § 652(5), a requisite for the commission's exercise of jurisdiction.

In the present case, the findings regarding Austin Road's impact on its corporate parent and siblings are not supported by the record; they are speculative and conclusionary. The conclusion that the Secretary met the jurisdictional challenge is not based upon adequate ...