Discussion

The Occupational Safety and Health Act of 1970 assures safe and healthful working conditions for workers nationwide. The law imposes a “general duty” on employers to provide a workplace free from recognized safety and health hazards. It is the employer’s responsibility to become familiar with standards applicable to their establishments, to eliminate hazardous conditions to the extent possible, and to comply with the standards. The law applies to any employer that has employees and is engaged in a business affecting commerce.  However, employers with fewer than eleven (11) employees, as well as federal and state governments, are exempted from some, but not all requirements. Many states have similar standards for protecting employees.

The dilemma is that NPCs may be subject to requirements from which VA is exempt.  As a result, NPC’s should maintain communication with affiliated VAMC's to ensure compliance with applicable OSHA standards and OSHA-approved state standards.  Because all NPC employees are on WOC appointments; work is conducted in the VAMC facilities; and work accomplished is VA-approved research under the direction of a VA researcher and benefits the VA, an NPC should ensure that it is meeting both VA- and NPC-relevant standards.

Helpful links

• http://www.osha.gov/

• http://www.osha.gov/Publications/osha2056.pdf

• http://www.dol.gov/asp/programs/handbook/osha.htm