미국 산업안전보건법의 사용자 책임과 해석 ― 기능적 사용자 개념 ―

The U.S. federal Occupational Safety and Health Act was enacted in 1970. In American society, this law had to go through a historically complex process of debate before it was enacted and established in the legal system. Conflicting interests between workers or labor unions and employers or companies and resulting changes in the political and economic environment are typically raised. In addition, the competition for legislative power between the federal and state governments, the relationship with the workers' compensation insurance system, and the conflict of interpretation of common law torts and employment contract law are also representative. The Massachusetts Factory Act of 1877, considered America's first labor law, was intended to supervise factory safety. Additionally, strikes (or walk-outs from the workplace) by workers in the coal mining or railroad industries, which led the labor movement in the late 19th and early 20th centuries, sometimes began due to the risk of accidents in the field or the death of fellow workers. Even before the emergence of labor legislation in American society, safety and health issues in the labor process were major social issues. However, it took nearly 100 years for the worker safety and health agenda to become the subject of federal law.