The OSH Act assures safe and healthful working conditions in the nation's workplace and preserves the nation's human resources (§651). The OSH Act requires employers to provide employees with a workplace free from recognized hazards that are likely to cause death or serious bodily harm (§654). The OSH Act requires employers to comply with specific occupational safety and health standards promulgated pursuant to the act (§654). The OSH Act creates the OSHA, which inspects and investigates conditions in the workplace, provides for citations and notices of proposed penalties for violations, and provides for both civil and criminal penalties (§§657-660).

11. See Code of Federal Regulations, Title 29, sec. 1910.1200(i).

13. See United Steelworkers of America v. Auchter, 763 F.2d 728 (3rd Cir. 1985); see also Gade v. National Solid Waste Management Ass'n, 112 S.Ct. 2374 (1992).

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