Introduction to OSHA

Introduction to OSHA Occupational Safety and Health Administration Keeping Safe in the Workplace

Section I Introduction 2

OSHA In 1970, Congress considered: • Job-related accidents more than 14,000 worker deaths • 2 ½ million workers disabled • 10 times as many person-days lost from job-related disabilities as from strikes • 300,000 new cases of occupational diseases 3

OSHA • Major losses • Production and wages • Medical expenses • Disability compensation • Human cost • Congress passed the Occupational Safety and Health Act (OSH Act) of 1970 4

Section II OSHA 5

OSHA’s mission • Encourage employers and employees to reduce workplace hazards and to implement new, or improve existing, safety and health programs 6

OSHA’s mission • Provide research to develop ways of dealing with occupational safety and health problems • Establish separate, but dependent responsibilities and rights for employers and employees to achieve better safety and health conditions 7

OSHA’s mission • Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses • Establish training programs to increase the number and competence of occupational safety and health personnel 8

OSHA’s mission • Develop mandatory job safety and health standards and enforce them effectively • Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 9

OSHA’s mission OSHA guarantees employers and employees the right to be fully informed, to participate actively and to appeal actions. 10

Section III OSH Act 11

OSH Act • Employer – any person engaged in a business affecting commerce who has employees, but does not include the U.S. or any state or political subdivision of a state 12

OSH Act • Not covered • self-employed persons • farms at which only immediate members of the farm employer’s family are employed • workplaces already protected by other federal agencies under other federal statutes 13

OSH Act • OSHA standards apply even if other federal agency is authorized to regulate • States encouraged to develop and operate, under OSHA guidance, state job safety and health plans 14

OSH Act • OSHA publicizes legally enforceable standards • Standards may require practices, means, methods or processes necessary and appropriate to protect workers on the job • General Duty Clause is used more in penalty enforcement 15

General Duty Clause • Employers: • furnish employees employment and place of employment free from recognized hazards that cause or are likely to cause death or serious harm to employees • Protect employees even if no OSHA standard applies to situation or if hazards exists after compliance (e.g., ergonomics) • Take additional steps toward safety 16

General Duty Clause • General Duty Clause • Extends OSHA’s authority beyond specific OSHA standards • Used when there is no specific standard that applies to recognized hazard • Used when standard exists, but hazards warrant additional precautions beyond what safety standards require 17

General Duty Clause • Employers make good faith efforts to correct existing workplace hazards and identify new hazards • Review accident and injury records to identify patterns • Investigate all accidents and injuries in workplace • Conduct job hazard analyses 18

General Duty Clause • Supervisors and managers can: • Document training efforts and conduct retraining • Establish employee safety committee • Assess whether process is still unsafe 19

Section IV Inspections 20

Workplace inspections • Knowledgeable and experienced compliance officers – trained in OSHA standards • No notice • Alerting employer can bring fines and/or jail 21

Workplace inspections • Special circumstances – notice of less than 24 hours • Imminent danger situations • Inspections that must take place after regular hours or require special preparation • Notice is required to assure that employer and employee rep are present 22

Workplace inspections • Special circumstances • Inspection must be delayed for more than 5 days with good cause • OSHA area director determines notice would produce more thorough inspection 23

Worksite inspections • Inform employee representative • Employer must admit compliance officer • Employer may not interfere with inspection • OSHA may not conduct warrantless inspections without consent 24

Inspection priorities • Imminent danger – any condition where there is reasonable certainty that danger exists that can cause death or serious physical harm immediately, or before danger can be eliminated 25

Inspection priorities • Catastrophes and fatal accidents – fatalities and accidents resulting in hospitalization of three or more employees • Must be reported within 8 hours 26

Inspection priorities • Employee complaints – alleged violations of standards or unsafe or unhealthful working conditions • Employee feels imminent danger • Employee feels there is a violation of standard that threatens physical harm 27

Inspection priorities • Employee complaints • OSHA will maintain confidentiality • OSHA will inform employee of action taken • OSH will hold informal review of decision not to inspect 28

Inspection priorities • Programmed inspections – inspections aimed at high hazard industries, occupations or health substances • Follow-up inspections – determine if previously cited violations have been corrected 29

Inspection priorities • Records review – examination of employer’s injury and illness records (OSHA 300 form) to determine whether to conduct workplace inspection 30

Inspections • Inspector’s credentials • Employer should request to see credentials • Credential has photo and serial number • Compliance officers may not collect penalty at time of inspection • Compliance officer may not promote sale of product or service 31

Inspections • Opening conference • Compliance officer explains how company selected and if it will be subject to safety inspection • Compliance officer explains purpose, scope and standards that apply • Employer asked to select employee representative. If no employee rep, compliance officer must consult with other employees 32

Inspections • Inspection process • Compliance officer and reps inspect for safety or health hazards • Officer determines route and duration of inspection • Officer may consult with employees, take photos, instrument readings, examine records, measure noise levels, etc. 33

Inspections • Inspection process • Compliance officer inspects records of deaths, injuries and illnesses (OSHA form 300-A) • Officer will explain requirements of Hazard Communication Standard • Officer will point out unsafe or unhealthful working conditions. Will discuss possible corrective action 34

Inspections • Closing conference • Includes compliance officer, employer and employee rep • Employer receives “rights and responsibility” booklet • Officer discusses unsafe or unhealthful conditions and will note violations for which citation may be issued • Officer will not indicate any specific penalties 35

Section V Citations and Penalties 36

Citations • Inform employers and employees of the regulations and standards alleged to have been violated and length of time set for abatement • Employer must post a copy 37

Citations • Appeals by employees may be made on: • decision not to issue a citation • time allowed for abatement of a hazardous condition • Employees may not contest a citation, but may submit a written objection • Employees may request informal conference with OSHA 38

Citations • Employers may request informal meeting with OSHA area director • Area director may propose settlement agreement 39

Penalties • Categories of Violations • serious • other-than-serious • willful • repeat • failure to abate 40

Penalties • Severity of violation and probability of injury or illness will determine base penalty. • Penalty amounts are proposed • Employers may contest penalty 41

Penalties • Additional violations for which citations and penalties may be issued • falsifying records • assaulting a compliance officer 42

Contesting a citation • Informal conference request • obtain a better explanation of the violations • obtain a more complete understanding of the specific standards that apply • negotiate and enter into an informal Settlement Agreement 43

Contesting a citation • Informal conference • Discuss ways to correct the violations • Discuss problems with the abatement dates • Discuss problems concerning employee safety practices • Resolve disputed citations and penalties 44

Contesting a citation • Notice of contest submitted with 15 working days of receipt • Notice of Contest must state: • what is being contested • which violations on the citation are being contested 45

Section VI Employer Responsibilities & Rights 46

Employer responsibilities • Meet the general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, and comply with standards, rules and regulations issued under the Act 47

Employer responsibilities • Be familiar with mandatory OSHA standards and make copies available to employees • Inform all employees about OSHA • Examine workplace conditions to make sure they conform to applicable standards • Minimize or reduce hazards 48

Employer responsibilities • Make sure employees have and use safe tools and equipment and that equipment is properly maintained • Use color codes, posters, labels or signs when needed to warn employees of potential hazards 49

Employer responsibilities • Establish or update operating procedures and communicate them so that employees follow safety and health requirements • Provide training required by OSHA standards • Provide medical examinations when required by OSHA standards 50

Introduction to OSHA