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CHAPTER 6

CHAPTER 6. OSHA COMPLIANCE. WHY DO WE NEED OSHA?. ACCIDENTS ILLNESS 14,000 DEATH WORKPLACE ACCIDENTS 2.5 M. WORKERS DISABLED IN WORKPLACE ACCIDENTS 300, 000 NEW CASES OF OCCUPATIONAL DISEASES REPORTED DEAL WITH INJURIES, ILLNESS AND DEATH. WHAT SHOULD WE KNOW ABOUT OSHA?.

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CHAPTER 6

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  1. CHAPTER 6 OSHA COMPLIANCE

  2. WHY DO WE NEED OSHA? • ACCIDENTS • ILLNESS • 14,000 DEATH WORKPLACE ACCIDENTS • 2.5 M. WORKERS DISABLED IN WORKPLACE ACCIDENTS • 300, 000 NEW CASES OF OCCUPATIONAL DISEASES REPORTED • DEAL WITH INJURIES, ILLNESS AND DEATH

  3. WHAT SHOULD WE KNOW ABOUT OSHA? • TITLE 29 OF THE CODE OF FEDERAL REGULATION (CFR), PARTS 1900 THROUGH 1910 • OSHA IS PART OF U.S.DEPARTMENT OF LABOR

  4. MISSION AND PURPOSE • REDUCE WORK PLACE HAZARD • NEW SAFETY AND HEALTH PROGRAMS (IMPLEMENT) • IMPROVE EXISTING SAFETY AND HEALTH PROGRAMS • RIGHTS OF EMPLOYEES • MONITOR • TRAINING • MANDATORY • EVALAUTE/MONITOR/ANALYZE

  5. WHAT DOES OSHA COVER? • ALL EMPLOYESS IN ALL 50 STATES, DISTRICT OF COLUMBIA, PUERTO RICO AND ALL OTHER TERRITORIES THAT FALL UNDER THE JURISDICTION OF U.S.GOVERNMENT • THERE ARE FOUR EXCEPTIONS: • 1. SELF EMPLOYED • 2.FAMILY FARMS-IMMEDIATE FAMILY MEMERS • 3. FEDERAL AGENCIES • 4. STATE AND LOCAL GOVERNMENT • SETTING STANDARDS AND INSPECT FOR COMPLIANCE

  6. OSAH STANDARDS • BASED ON ITS PERCEPTION OF NEED AT THE REQUEST OF OTHER FEDERAL AGENCIES, STATE AND LOCAL, LABOR ORGANIZATIONS , PRIVATE CITIZENS. • COMMITTEE APPROACH • NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH • ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH

  7. OSHA STANDARDS • APPROCHES: • 1. ADOPT • 2.AMEND • 3. REVOK • MUST PUBLISH ITS ACTIONS IN THE FEDERAL REGISTER • NOTICE-ADVANCED NOTICE-ADOPTION-EFFECTIVE DATE-APPEAL WITHIN 60 DAYS OF STANDARDS APPROVAL

  8. NEW STANDARDS • EFFECTIVE IMMEDIATELY • TEMPORARY VARIANCE REQUESTED FOR ONE YEAR, CERTAIN CONDITIONS. • WHAT IF A COMPANY EXCEEDS THE NEW REQUIREMNETS? PERMANENT VARIANCE

  9. PROCESS • RECORD KEEPING AND REPORTING ARE ESSENTIAL • 11 OR MORE WORKERS • EXEMPT AND EXEMPT EMPLYERS MUST REPORT ACCIDENTS WITHIN 48 HOURS (DEATH AND HOSPITALIZATION OF 5 OR MORE EMPLOYEE.) • ALL OCCUPATIONAL ILNESSES AND INJURIES MUST BE REPORTED • FORMS: 300, 300A, 301 • EMPLYEERS TO POST POSTER 2203 AND 300A

  10. OSHA OFFICERS • AUTHORIZED TO DO: • 1. ENTER ANY SITE-LIMITATION • 2. INSPECT ANY SITE-REASONABLE TIME • 3. QUESTION ANY EMPLOYEE (C/P) IN PRIVATE • OSHA IS EMPOWERED TO ISSUE CITATIONS AND SET PENALTIES.

  11. CITATIONS • 1. OTHER THAN SERIOUS VIOLATIONS • 2. WILLFUL VIOLATION • 3. REPEAT VIOLATION • 4. FALURE TO CORRECT PPREVIOUS VIOLATIONS

  12. EMPLOYEE RIGHTS • APPEAL: • 1. TIME-ABTEMENT PERIOD • 2. EMPLYER’S REQUEST FOR AN EXTENSION OF AN ABATEMENT PERIOD • EMPLYERS MAY PETITION TIME OR PENALTY

  13. EXCEPTIONS • STATES ARE ALLOWED TO DEVELOP THEIR OWN SAFETY AND HEALTH PROGRAMS, 50% INCENTIVES/WITH APPROVED PLANS • STATES MAY DEVELOP COMPREHENSIVE PLANS COVERING PUBLIC AND PRIVATE SECTORS OR LIMIT IT TO PUBLIC EMPLOYERS ONLY

  14. OVERALL • OSHA: • 1. SETTING STANDARDS • 2. INSPECTION FOR COMPLIANCE • 3. PROVIDE SERVICES TO HELP EMPLOYERS MEET THE LATEST SAFETY AND HEALTH STANDARDS • SERVICES ARE OFFERED AT NO COST AND INTENDED FOR SMALLER COMPANIES • SERVICES: CONSULTATION, VOLUNTARY INSPECTION PROGRAM AND TRAINING AND EDUCATION

  15. IS OSHA PERFECT? • NO • CRITISIM? YES • NOT SENSITIVE TO THE NEEDS • COMPETITION • EMPLOYERS ARE TRYING TO SURVIVE

  16. CODES AND STANDARDS • ARE THEY THE SAME? • CODES • STANDARDS

  17. LEGAL TERMS • NEGLIGENCE • LIABILITY • CARE • ABILITY TO PAY • DAMAGES • PROXIMATE CAUSE • WILLFUL CONDUCT • RECKLESS CONDUCT • TORT • FORESEEABILITY

  18. CONCLUSION • DO COMPANIES KEEP EMPLOYEE INFORMED? • DO COMPANIES ENFORCE THEIR RULES AND REGULATIONS? • DO THEY PROVIDE PROPER TRAINING? • POLICIES, INFORM, TRAIN, ENFORCE.

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