OSHA
US federal regulation for workplace safety standards
LGPD
Brazil's regulation for personal data protection.
Quick Verdict
OSHA ensures US workplace safety through standards and inspections, while LGPD protects Brazilian personal data via processing principles and rights. Companies adopt OSHA for legal compliance and hazard reduction; LGPD for privacy obligations and market trust.
OSHA
Occupational Safety and Health Act of 1970
Key Features
- Enforces General Duty Clause for recognized hazards
- Hierarchy of controls prioritizing engineering solutions
- Detailed 29 CFR standards by industry subparts
- Risk-based inspections with civil penalties up to $165k
- Mandatory electronic injury recordkeeping and reporting
LGPD
Lei Geral de Proteção de Dados Pessoais (Law No. 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents
- 10 core principles including prevention, non-discrimination
- Fines up to 2% Brazilian revenue (R$50M cap)
- Mandatory DPO for controllers with public disclosure
- SCCs required for cross-border transfers by 2025
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
OSHA Details
What It Is
Occupational Safety and Health Administration (OSHA), established by the Occupational Safety and Health Act of 1970, is a US federal regulatory framework enforcing workplace safety and health standards codified in 29 CFR Parts 1910 (general industry), 1926 (construction), and others. Its primary purpose is assuring safe conditions by reducing hazards through standards enforcement, inspections, and the General Duty Clause for recognized serious risks. It uses a performance-based, hierarchy-of-controls approach prioritizing elimination and engineering over PPE.
Key Components
- Organized into subparts covering walking surfaces, hazardous materials, PPE, toxic substances, emergency plans.
- Over 1,000 specific requirements across industries.
- Core principles: hierarchy of controls, worker rights, recordkeeping (Forms 300/300A/301).
- Compliance via inspections, citations; no formal certification but state plans and VPP recognition.
Why Organizations Use It
- Legal mandate for US employers affecting interstate commerce.
- Mitigates penalties ($16k+ per serious violation), reduces injuries/claims.
- Enhances productivity, insurance savings, ESG reputation.
Implementation Overview
- Systems-based: hazard assessments, written programs (HazCom, LOTO), training, audits.
- Applies to most private-sector employers; scalable by size/industry.
- Ongoing via inspections; uses OSHA consultation for assistance. (178 words)
LGPD Details
What It Is
LGPD (Lei Geral de Proteção de Dados Pessoais, Law No. 13.709/2018) is Brazil's comprehensive data protection regulation. It safeguards personal data of natural persons with extraterritorial scope, applying to processing in Brazil, targeting residents, or collected there. Adopts a risk-based approach with 10 core principles like purpose limitation, necessity, and accountability.
Key Components
- 10 principles (e.g., transparency, security, non-discrimination)
- Data subject rights (access, deletion, portability, objection to automated decisions)
- Legal bases (10 options including consent, legitimate interests)
- Governance (DPO, records, DPIAs for high-risk); enforced by ANPD with graduated sanctions up to 2% Brazilian revenue (R$50M cap)
Why Organizations Use It
Mandatory compliance avoids fines, operational halts, reputational damage. Builds trust, enables market access in Brazil's digital economy, supports innovation via anonymization exemptions, aligns with GDPR for multinationals.
Implementation Overview
Phased: governance, data mapping, policies, controls, DSRs, monitoring. Applies to all sizes/industries processing Brazilian data; no certification but ANPD audits/enforcement.
Key Differences
| Aspect | OSHA | LGPD |
|---|---|---|
| Scope | Workplace safety, health hazards, recordkeeping | Personal data processing, privacy rights |
| Industry | US private sector, all industries | Any processing targeting Brazil residents |
| Nature | Mandatory US federal regulation | Mandatory Brazilian data protection law |
| Testing | Inspections, audits by OSHA officers | DPIAs for high-risk, ANPD audits |
| Penalties | Civil fines up to $165k per violation | Fines up to 2% Brazilian revenue, R$50M cap |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about OSHA and LGPD
OSHA FAQ
LGPD FAQ
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