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Introduction to OSHA. What is OSHA?. O ccupational S afety and H ealth A dministration Responsible for worker safety and health protection. Is there a need for OSHA?. Each year. More than 90 million Americans spend their days on the job. Nearly 6,000 fatalities
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Introduction to OSHA OSHA Office of Training & Education
What is OSHA? • Occupational Safety and Health Administration • Responsible for worker safety and health protection OSHA Office of Training & Education
Is there a need for OSHA? Each year... • More than 90 million Americans spend their days on the job. • Nearly 6,000 fatalities • 50,000 work-related illnesses deaths • 5.7 million non-fatal workplace injuries • Injuries costs - over $125 billion Source - OSHA Publication 2056 OSHA Office of Training & Education
The Need for Legislation • Until 1970, no uniform & comprehensive provisions existed for protection against workplace S&H hazards. OSHA Office of Training & Education
In 1970, Congress considered these annual figures: 14,000 worker deaths 2.5 million workers disabled 300,000 new occupational disease cases The Need for Legislation OSHA Office of Training & Education
Public Law 91-596 The Williams-Steiger Occupational Safety & Health Act of 1970 OSH Act OSHA Office of Training & Education
An Act • ". . . to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources." OSHA Office of Training & Education
OSHA’S Purpose - Section 2 • Encourage reduced workplace hazards • Implement new/improve existing S&H programs • Provide for S&H research • Establish employer / employee responsibilities for S&H conditions. • Build on employer/employee S&H initiatives. OSHA Office of Training & Education
OSHA’S Purpose - Section 2 • Occ. health focus to prevent diseases in the work environment. • Establish training to increase number & competence • Develop mandatory job S&H standards • Enforce these effectively • Develop recordkeeping & reporting requirements • Provides assistance, training & other support programs to help employers and workers OSHA Office of Training & Education
OSHA’S Purpose - Section 2 • Provide for the development, analysis, evaluation and approval of state occupational safety and health programs. OSHA Office of Training & Education
Has OSHA Made a Difference? YES! Since 1970: • Helped cut the work-related fatality rate 50% • Worked with employers / employees to reduce workplace injuries & illnesses by 40% • Virtually eliminated brown lung disease, and • Reduced trenching & excavation fatalities by 35% Source: Census of Fatal Occupational Injuries, BLS, U.S. DOL. OSHA Office of Training & Education
Who is covered by the OSH Act? • Most private sector employees • Coverage is provided directly by federal OSHA or through an OSHA-approved state program OSHA Office of Training & Education
The Act’s Coverage Includes • Manufacturing • Construction • Longshoring • Agriculture • Law and medicine • Charity and disaster relief • Organized labor • Private education. OSHA Office of Training & Education
NOTCovered • Self-employed persons (i.e. : homeowners); • Farms at which only immediate family members are employed; • Worksites / conditions regulated by other federal agencies under other federal statutes* * Areas not covered specifically are still covered by OSHA. OSHA Office of Training & Education
OSHA Standards • OSHA develops and enforces standards that employers must follow. • OSHA-approved States programs must set standards at least as effective as federal standards. OSHA Office of Training & Education
What does OSHA Require? • Determine which standards apply to your workplace • 1910 General Industry • 1926 Construction • 1928 Agriculture • Follow the OSHA standards and requirements OSHA Office of Training & Education
Duties - Section 5 • Where OSHA has not promulgated specific standards, employers are responsible for following the Act's General Duty Clause {Section 5(a)(1)}. • ”Each employer - shall furnish...a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." OSHA Office of Training & Education
Inspections, Investigations & Recordkeeping - Section 8 • 8(a) OSHA representatives are authorized: (1) To enter without delay, at reasonable times, & (2) To inspect during regular working hours and at reasonable times and to question privately employers and employees • 8(b) Subpoena power • 8(c) Recordkeeping and posting • 8(f) Employees right of complaint OSHA Office of Training & Education
Citations - Section 9 • (a) If an employer violates Section 5 of Act or any standard, a citation will be issued. Each citation will: • Be in writing • Describe the particular violation • Fix a reasonable abatement period • (b) Posting of citations • (c) Time limit - 6 months to issue citation OSHA Office of Training & Education
Enforcement - Section 10 • (a) Employers right of contest; Citations can be contested before the Safety and Health Review Commission, an independent quasi-judicial branch of the Department of Labor • (c) Employee’s right of contest of abatement dates OSHA Office of Training & Education
Judicial Review - Section 11 • (a) Appeals & review of Commission order • (c) Prohibits discrimination against employees filing complaints under OSHA OSHA Office of Training & Education
Penalties Section 17 • Penalties increased in 1990 • ‘Willful’ & ‘repeated’ violations-maximum $ 70K • Minimum $ 5,000 – ‘Willful’ • ‘Serious’ & ‘Other than Serious’ to $ 7,000 • Failure to abate –max of $ 7000/day violation continues OSHA Office of Training & Education
Title 29 • Title 29 is set aside for OSHA • The regulations are broken down into Parts • Part 1926, are the “Construction Standards” • Each Part is then broken into major Subparts OSHA Office of Training & Education
Part 1926 Major Subparts • Subpart D - Occupational Health and Environmental Controls • Subpart E - Personal Protective and Life Saving Equipment • Subpart F - Fire Protection and Prevention • Subpart G - Signs, Signals and Barricades • Subpart H - Materials Handling, Storage, Use, and Disposal OSHA Office of Training & Education
Part 1926 Major Subparts • Subpart I - Tools – Hand and Power • Subpart J - Welding and Cutting • Subpart K - Electrical • Subpart L - Scaffolds • Subpart M - Fall Protection • Subpart N - Cranes, Derricks, Hoists, Elevators and Conveyors OSHA Office of Training & Education
Part 1926 Major Subparts • Subpart O - Motor Vehicles • Subpart P - Excavations • Subpart Q - Concrete and Masonry Construction • Subpart R - Steel Erection • Subpart S - Underground Construction • Subpart Z - Stairways and Ladders • Each Subpart is then broken down into Sections OSHA Office of Training & Education
Reading Standards • 29 CFR 1926.451 (g)(4)(i) • 29 United States Code Title • CFR Code of Federal Regulations • 1926 Part - Part 1926 covers Construction • {Subpart: Subpart L - Scaffolds} • 451 Section Number; General Requirements • (g) Major Paragraph; Fall Protection • (4) Paragraph Subsection; Guardrail Systems • (i) Guardrail systems shall be installed along all open sides and ends of platforms. OSHA Office of Training & Education
29 CFR 1926.405 (j) (4) (ii) (C) (1) Lower Case Alphabetical Arabic Number Lower Case Roman Upper Case Alphabetical Italicized Arabic Number OSHA Office of Training & Education
Recordkeeping OSHA Office of Training & Education
Recordkeeping and Reporting • Employers of 11+ employees must maintain records of occupational injuries & illnesses • All employers must display the OSHA poster • Must report any accident resulting in a fatality or in-patient hospitalization of 3 or more employees within 8 hrs. OSHA Office of Training & Education
Recordkeeping Forms • 300 Log maintained on a calendar year basis • 300A Summary for the previous year must be posted from February through April OSHA Office of Training & Education
What are workers’ responsibilities? • Read the OSHA poster • Follow employer’s safety & health rules • Wear or use all required gear and equipment • Follow safe work practices, as directed by your employer • Report hazardous conditions • Report hazardous conditions to OSHA, if employers do not fix them • Cooperate with OSHA inspectors (see OSHA Workers' web page for more information) OSHA Office of Training & Education
OSHA Workers' Page www.osha.gov/as/opa/worker/index.html OSHA Office of Training & Education
What are workers’ rights? • Identify & correct problems, working with their employers whenever possible • To complain to OSHA about workplace conditions threatening their health or safety - in person, by telephone, by fax, by mail or electronically through OSHA’s web site • Section 11(c) of the OSH Act gives workers the right to seek safe and healthful conditions on the job without being disciplined or fired (see OSHA Workers' web page for more information) OSHA Office of Training & Education
What are employers’ rights & responsibilities? • Provide a workplace free of recognized hazards • Follow the OSHA standards • The OSH Act grants employers important rights, particularly during and after an OSHA inspection • Employers must provide training, medical examinations and recordkeeping OSHA Office of Training & Education
Competent Person in Construction • A person who; • Knows the right standard, • Can identify hazards in the operation, and • Is designated by the employer, and has the authority to take appropriate actions. • "Competent Person" is found in many standards. • Some standards set specific requirements for the "competent person." OSHA Office of Training & Education
Workplace Inspections • Establishments covered by the OSH Act are subject to inspection by OSHA compliance safety and health officers(CSHOs) • Most inspections are conducted without advance notice OSHA Office of Training & Education
What Types of Hazards are Addressed in Standards? • Electrical • Cranes • Falls • Excavation • Confined Spaces • Scaffolding • Machines • Stairways & Ladders • Chemical • Physical OSHA Office of Training & Education
Employer may Qualify for "Focused Inspection" • Has to meet certain conditions • Adequate S&H program AND • Designated competent person • Inspector will "focus" on these four hazard areas: • Falls • Struck by • Caught in/between • Electrical OSHA Office of Training & Education
Inspection Process • CSHO displays official credentials • Opening conference • Walk-around inspection • Closing conference OSHA Office of Training & Education
Conducting the Walkaround Inspection • CSHO & accompanying representatives (employer and employee) inspect for potentially hazardous working conditions • CSHO discusses possible corrective actions • CSHO may consult, at times privately, with employees OSHA Office of Training & Education
What Happens After an OSHA Inspection? • May or may not issue citations • Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement • Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer OSHA Office of Training & Education
Sources of Assistance • OSHA web site (www.osha.gov) • Consultation assistance • Federal and State area offices • Speakers, publications, a/v aids, technical advice • Training and education • OSHA Training Institute (OTI) and the OTI Education Centers • OSHA Outreach Training Program • OSHA Office of State Programs • Voluntary Protection Programs OSHA Office of Training & Education
OSHA Web Site(www.osha.gov) • About OSHA (events, what’s new . . .) • Compliance Assistance (regulations, directives, consultation, eTools, training . . .) • Cooperative Programs (VPP, partnerships …) • News Room (publications, news releases . . .) • Safety / Health Topics (technical links to various topics) • Statistics (Inspection data, BLS survey link ...) OSHA Office of Training & Education
Where to Get OSHA Standards • Federal Register in public libraries or at GPO web site • CD-ROM subscription through U.S. Government Printing Office (GPO) • Code of Federal Regulations (CFR) in public libraries and through GPO • OSHA web site - OSHA standards, interpretations, directives (www.osha.gov) OSHA Office of Training & Education
Consultation Assistance • Provided at no cost • Developed for smaller employers with more hazardous operations • Delivered by state government agencies or universities employing professional safety and health consultants • No penalties are proposed or citations issued • Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger OSHA Office of Training & Education
OSHA Emergency Hot-Line1-800-321-OSHA • Report workplace safety or health fatalities or the hospitalization of 3 or more employees • Report a workplace hazard • File a complaint about a workplace hazard • Request information on OSHA • Request an OSHA publication OSHA Office of Training & Education
Summary • OSHA helps save lives and prevent injuries • OSHA balances a cooperative approach with traditional enforcement • OSHA standards are the enforceable requirements for worker safety and health • Inspections are OSHA’s way to ensure compliance • OSHA offers various means of assistance OSHA Office of Training & Education