Introduction to OSHA

1. Introduction to OSHA OSH Act, OSHA Standards, Inspections, Citations and Penalties

2. In 1970, the Congress considered annual figures such as these • Job related accidents accounted for more than 14,000 worker deaths • Nearly 2 1/2 million workers were disabled • Ten times as many person-days were lost from job-related disabilities as from strikes • Estimated new cases of occupational diseases totaled 300,000

3. The Act • In 1970 Congress passed the Occupational Safety and Health Act of 1970 (the Act) • Under the Act, OSHA was created within the Department of Labor.

4. Purpose • “….to assure as far as possible for every working man and woman in the Nation safe and healthful working conditions and to preserve human resources”

5. OSHA’s Purpose 5 • Encourage employers and Employees to reduce workplace hazards and to implement new or improve existing safety and health programs • Provide for research in occupational safety and health and to develop innovative ways of dealing with occupational safety and health problems

6. OSHA’s Purpose 6 • Establish “separate but dependent responsibilities and rights” for employers and employees for achievement of better safety and health conditions • Maintain a reporting and record-keeping system to monitor job-related injuries and illnesses

7. OSHA’s Purpose 7 • Establish training programs to increase the number and competence of occupational safety and health personnel • Develop mandatory job safety and health standards and enforce them effectively • Provide for the development, analysis, evaluation and approval of state OSH programs

8. Standards • OSHA is responsible for promulgating legally enforceable standards • Where OSHA has not promulgated specific standards, employers are responsible for following the Act's General Duty Clause • States with OSHA-approved programs must set standards at least as effective as federal standards

9. Standards Development • OSHA can begin standards-setting procedures on its own, or in response to petitions from other parties, including: • Secretary of Health and Human Services (HHS) • National Institute for Occupational Safety and Health (NIOSH) • State and local governments • Nationally recognized standards producing organizations • Employer or labor representatives • Any other interested person

10. General Duty Clause 5(a)(1) • The OSH Act has a broad general duty clause requiring all employers to furnish a workplace “free from recognized hazards that are causing or likely to cause death or serious physical harm.”

11. General Duty Clause • The general duty clause is meant to apply when a recognized hazard exists, for which there is not (or not yet) a precise standard. In other words, an unsafe condition not covered by one of OSHA’s specific standards is understood to be covered by the general duty clause.

12. Workplace Inspections • To enforce standards, OSHA is authorized under the Act to conduct workplace inspections. • To enter without delay and at reasonable times any facility where work is performed by an employee or employer. . . • Inspect and investigate during regular working hours. . .

13. OSHA Inspection Priorities • Imminent Danger: Any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical immediately • Catastrophes and Fatal Accidents: Investigation of fatalities and catastrophes resulting in hospitalization of three or more employees. These types of accidents must be reported to OSHA within 8-hours.

14. OSHA Inspection Priorities • Employee Complaints: The Act gives each employee the right to request an OSHA inspection when the employee feel that he/she is in imminent danger from a hazard or when he/she feels that there is a violation of an OSHA standard that threatens physical harm.

15. Inspection Process • The presentation of the Inspector’s Credentials: The inspector must present his or her credentials upon arrival upon a site for inspection. Employers should always insist upon seeing the compliance officer’s credentials.

16. Inspection Process • Opening Conference: • In the opening conference, the compliance officer (CSHO) explains why the establishment was selected. • The CSHO explains the purpose of the visit and the scope of the inspection. The employer may be given a copy of any employee complaint that may be involved. Confidentially will be kept upon request.

17. Inspection Process • Inspection Tour: • The CHSO and an employee representative will proceed through the facility, inspecting work areas for compliance. • The route and duration are determined by the CHSO. • Employees will be consulted during the inspection tour • Photographs and Video May be taken

18. Inspection Process • Inspection Tour: (Cont'd) • Posting and Record-keeping are checked • During the course of the inspection the CHSO will point out any unsafe or unhealthful working conditions observed • The CHSO will also discuss possible corrective action if the employer so desires

19. Inspection Process • Closing Conference: • This is the time for free discussion of problems and needs and a time for frank questions and answers • The CHSO discusses all unsafe or unhealthful conditions and indicates all apparent violations for which a citation may be issued or recommended

20. Citations and Penalties • After the CHSO reports findings, the Area Director determines what citations, if any will be issued, and what penalties, if any will be issued.

21. Citations • Citations inform the employer and employees of regulations and standards alleged to have been violated and of the proposed length of time set for their abatement. • The employer will receive citations and notices of proposed penalties by certified mail. • The employer must post a copy of each citation at or near a place a violation occurred, for three days or until the violated is abated (ended), whichever is longer.

22. Penalties • Serious Violation: • A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. A mandatory penalty of up to $7000.00 for each violation is proposed.

23. Willful Violation Penalty • If an employer is convicted of a willful violation of a standard that has resulted in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment for up to six months, or both. A fine of up to $250,000 for an individual, or $500,000 for a corporation, may be imposed for a criminal conviction.

24. Penalties • Additional violations for which citations and proposed penalties may be issued upon conviction: • Falsifying records, reports or applications can bring a fine of $10,000 or up to six months in jail. • Violations of posting requirements can bring a civil penalty of up to $7,000

25. Criminal Penalties • In addition to civil penalties, the following may result in criminal penalties: • Willful (deliberate) violation causing death • Giving unauthorized, advance notice of an inspection • Giving false information • Killing, assaulting or holding back the work of an OSHA inspector

26. Criminal Penalties • OSHA itself does not have the authority to bring criminal cases, but must refer a case to the Justice Department for trial. In recent years, this has happened more frequently, and in several cases, employers have received jail sentences.

27. Employers Rights and Responsibilities • Citations must be posted for 3 working days or until the violation is corrected. • Must be posted at or near the place where each violation occurred

28. Employers Rights and Responsibilities • Employers options upon receipt of citations • If you agree with the citations, you must correct the violations and pay any penalties. • If you do not agree you have 15 working days to dispute in writing the: • Citation, Penalty, and/or the ending dates

29. Informal Conference • Within 15 working days • Gives the employer an opportunity to resolve issues with penalties and citations without going to court.

30. Antidiscrimination Provisions • The OSH Act prohibits employment retaliation against an employee who complains of an employer, files a complaint, initiates a proceeding, requests information from OSHA or testifies under the Act. In certain circumstances, an employee may refuse to work under seriously threatening health or safety conditions.