Transcript Introduction to OSHA

Inspections 101
The OSHA Mission…
To assure safe and healthful working
conditions for working men and
women, by authorizing enforcement
of the standards developed under the
Act
The Occupational Safety and
Health Act of 1970
 Established OSHA and effective enforcement program.
 Authorized the setting of standards applicable to
businesses affecting interstate commerce.
 Provide for training to increase competence in the field
of occupational safety and health.
 Established reporting procedures.
The Act
 Outlined procedures for setting standards
 publication in the Federal Register
 Inspections
 to enter without unreasonable delay at reasonable times
 citations - describe with particularity the violation
 Penalties
 Confidentiality of trade secrets
The Act
 Judicial Review
 ALJ
 Occupational Safety and Health Review Commission
 Federal Courts
 Final Order
The Act
 Applies to businesses affecting interstate
commerce
 Covers employers with one employee.
 Outlined procedures for setting
standards
 publication in the Federal Register
The general duty clause.
Section 5(a)(1)
Each employer shall furnish a
place of employment free of
recognizable hazards that are
likely to cause serious physical
harm.
Elements of a citation
Exposed employee
Serious hazard
Employer knowledge
Feasible method to abate hazard
Section 5(a)(1) Violation
 Failure to follow manufactures instructions.
 Seatbelt use on fork trucks.
 Failure to follow consensus standards.
 ANSI, NFPA, NEC, ASME, API, ETC.
 NIOSH recommendations.
 Ergonomic hazards.
Section 5(b)
Each employer shall comply with
the safety and health standards.
Each employee shall comply with
the safety and health standards
applicable to their activity.
Section 11(c)
 No person may be discriminated against for exercising
their rights...
 Alleging complaint with employer, union, or Agency.
 Participating in safety and health activities.
 Whistleblower Investigations
Employee responsibilities…
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Comply with all applicable OSHA standards.
Follow lawful safety and health rules.
Wear prescribed protective equipment.
Report hazardous conditions to the supervisor.
Report any job-related injury or illness to the employer,
and seek treatment.
 Cooperate with OSHA by answering honestly.
 Exercise rights in a responsible manner.
Types of OSHA Inspections
Imminent Danger.
Fatality / Catastrophe
Complaint / Referral.
National or Local Emphasis
Program.
Monitoring.
Follow-up.
General Schedule
Imminent Danger
 U.S. District Courts shall have
jurisdiction to restrain conditions or
practices which could reasonably be
expected to cause death or serious
physical harm before the danger could
be eliminated through enforcement
procedures.
Fatality / Catastrophe
 A company must call OSHA within 8 hours after the
death of an employee or the in-patient hospitalization
of three or more employees from a work related
incident.
 All fatality investigations are considered for possible
criminal prosecution.
Complaint inspection process
 No longer based on
signing the
complaint.
 Phone and Fax.
 Facility should have
complainant process.
Referrals
 From other inspectors.
 Discrimination investigators.
 Media.
 Other enforcement agencies.
 EPA
 Fire and Police Departments
 Health Department.
National or Local Emphasis
Fall protection
Silica
Lead
Fork Trucks
Amputations
Follow-up
 Company had previously
received citations.
 Providing proof of corrective
action reduces likelihood of
return.
Workplace Inspections
 Every establishment covered by the
OSH Act is subject to inspection
 Conducted without advance notice
 Identify hazards
Inspection Process
Opening
conference.
 Credentials.
 Purpose
 Scope.
 Warrants
The Inspection
 Investigation of Issues
 Plain View
 Interviews
 Sampling
 Videotape
 Closing conference
Citations
 Serious
 Repeat
 Failure to abate
 Other than serious
 De-minimus
 Unclassified
Effective Safety & Health
Programs
 Management Commitment
 Employee Involvement.
 Worksite Analysis
 Hazard Prevention and Controls.
 Training and Understanding
 Continuous Improvement
Summary
 OSHA standards have helped save lives and prevent
injuries
 You need to take action to eliminate the health and
safety hazards in your workplace.
 Inspections have been OSHA’s way to save lives.
 OSHA now offers various means of assistance.