Introduction

STATUTORY REQUIREMENTS

Congress passed the Occupational Safety and Health Act (OSHAct) in 1970 “[t]o ensure safe and healthful working conditions for working men and women[.]” 29 U.S.C. § 651, OSHAct Section 1. In what has come to be known as the “General Duty Clause,” the OSHAct requires employers to furnish each employee “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious harm to employees.” 29 U.S.C. § 654(a)(1), OSHAct Section 5(a)(1). The OSHAct also requires employers and employees to comply with occupational safety and health (OSH) standards issued pursuant to the statute. 29 U.S.C. § 654(a)(2), (b), OSHAct Sections 5(a)(2), 5(b).

The Congressional Accountability Act (CAA) expressly requires employing offices and employees in the legislative branch to “comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970.” 2 U.S.C. § 1341(a)(1). Employing offices thus are subject to the General Duty Clause, and both employing offices and employees are required to comply with OSH standards issued pursuant to the OSHAct.

Section 215(e)(1) of the CAA requires the General Counsel (GC) of the Office of Congressional Workplace Rights (OCWR) – formerly the Office of Compliance (OOC) 1 – to inspect legislative branch facilities for compliance with the General Duty Clause and OSH standards under the OSHAct at least once each Congress. 2 U.S.C. § 1341(e)(1).

Thereafter, the GC is required to report the results to the Speaker of the House of Representatives, President pro tempore of the Senate, and offices responsible for correcting violations, including the Congressional Budget Office, Government Accountability Office, Library of Congress, Office of the Architect of the Capitol (AOC), Office of the Attending Physician, OCWR, Office of Congressional Accessibility Services, and the United States Capitol Police (USCP). 2 U.S.C. § 1341(e)(2).