What Is the Difference between NIOSH and OSHA?

NIOSH and OSHA were both created by the Occupational Safety and Health Act of 1970, but they have different jobs. OSHA, in the Department of Labor, writes and enforces workplace safety and health standards. NIOSH, a research agency in the Department of Health and Human Services, does research and makes recommendations. The FAQ on how OSHA and DOT rules overlap covers OSHA's reach in transportation workplaces.

NIOSH's role. Under 29 U.S.C. 671, NIOSH is authorized to develop and establish recommended occupational safety and health standards and to carry out HHS research functions under the Act. The NIOSH Director may conduct research to develop criteria for new and improved standards, and any recommended standard goes to the Secretary of Labor. Section 669 directs HHS to conduct research, develop criteria on toxic materials and harmful physical agents, and publish criteria at least annually.

OSHA's role. The Secretary of Labor issues binding standards under 29 U.S.C. 655 and enforces them through inspections and citations under 29 U.S.C. 658. A NIOSH recommendation does not bind an employer unless OSHA adopts it in a standard or another law makes it binding.

Where the two meet.

• Respirators. NIOSH certifies respirators under 42 CFR Part 84, as covered in the FAQ on NIOSH-approved respirators. OSHA's respiratory protection standard at 29 CFR 1910.134 requires employers to select NIOSH-certified respirators.
• Health hazard evaluations. Employers or authorized employee representatives can ask NIOSH to evaluate whether a workplace substance has potentially toxic effects (42 CFR Part 85). If NIOSH finds a reasonable basis for an imminent danger, it advises the employer and affected employees and informs the Department of Labor or the state plan agency (42 CFR 85.10). The FAQ on NIOSH health hazard evaluations covers the request process.
• Research into practice. Under 29 U.S.C. 655(b)(1), OSHA may start rulemaking based on information submitted in writing by NIOSH, among others, and OSHA must weigh HHS recommendations on the need for mandatory standards when setting priorities. Only a standard OSHA adopts is enforceable.

Practical takeaways. Employers face OSHA citations, not NIOSH citations. NIOSH visits for a health hazard evaluation are investigations, and NIOSH mails its determinations to the employer and to authorized representatives of employees under 42 CFR 85.11. An OSHA citation must be in writing, describe the violation and the provision involved, and set a reasonable time for abatement, and NIOSH has no parallel citation power.

Related topics. Drug and alcohol policies are one area where workplace safety rules and testing laws meet, as covered in legal requirements for workplace drug testing. The Learn Laws® news item on NIOSH's health hazard evaluation program covers a recent CDC notice.