Occupational Safety and Health Act - History of Federal Workplace Safety Legislation

History of Federal Workplace Safety Legislation

Efforts by the federal government to ensure workplace health and safety were minimal until the passage of OSHA. The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety. For most employers, it was cheaper to replace a dead or injured worker than it was to introduce safety measures. Tort law provided little recourse for relief for the survivors of dead workers or for injured employees. After the Civil War, some improvements were made through the establishment of state railroad and factory commissions, the adoption of new technology (such as the railway air brake), and more widespread availability of life insurance. But the overall impact of these improvements was minimal.

The first federal safety legislation was enacted in the Progressive period. In 1893, Congress passed the Safety Appliance Act, the first federal statute to require safety equipment in the workplace (the law applied only to railroad equipment, however). In 1910, in response to a series of highly-publicized and deadly mine explosions and collapses, Congress established the United States Bureau of Mines to conduct research into mine safety (although the Bureau had no authority to regulate mine safety). Backed by trade unions, many states also enacted workers' compensation laws which discouraged employers from permitting unsafe workplaces. These laws, as well as the growing power of labor unions and public anger toward poor workplace safety, led to significant reductions in worker accidents for a time.

Industrial production increased significantly in the United States during World War II, and industrial accidents soared. Winning the war took precedence over safety, and most labor unions were more concerned with maintaining wages in the face of severe inflation than with workplace health and safety. After the war ended, however, workplace accident rates remained high and began to rise. In the two years preceding OSHA's enactment, 14,000 workers died each year from workplace hazards, and another 2 million were disabled or harmed. Additionally, the "chemical revolution" introduced a vast array of new chemical compounds to the manufacturing environment. The health effects of these chemicals were poorly understood, and workers received few protections against prolonged or high levels of exposure. While a few states, such as California and New York, had enacted workplace safety as well as workplace health legislation, most states had not changed their workplace protection laws since the turn of the century.