Transcript Legal Aspects of Occupational Health & Industrial Hygiene

An Introduction to Industrial
Hygiene
Trina Redford
Industrial Hygienist
National Naval Medical Center
Industrial Hygiene
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Industrial Hygiene is defined as:
The science and art devoted to the
anticipation, recognition, evaluation,
control, and management of those
environmental factors or stresses, arising
in or from the workplace, which may
cause sickness, impaired health and
well-being, or significant discomfort and
inefficiency among workers or among
citizens of the community.
Primary Objective
To protect the health and well
being of employees by eliminating
or reducing health hazards that
arise from the workplace
environment.
Health Hazards
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Chemical
Biological (e.g., bacterial, viral, insects,
animals, allergens)
Physical (e.g., radiation, pressure, noise
vibration, temperature)
Ergonomic (e.g., repetitive motion, body
stress)
Industrial Hygiene is…
Anticipation
Recognition
/Evaluation
Controls
Commitment
Planning
Design
Training
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Hazard
Identification
Exposure
Assessment
Monitoring
Studies
Observations
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Management
Substitution
Planning
Engineering
Implementing
Administration
Self Assessment &
Auditing
Personal
Management
Protective
Review
Equipment
NOTE: EMS
principles
Major Disciplines
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Engineering
Physics
Environmental Science
Chemistry
Biology
Legal Aspects of
Occupational Health &
Industrial Hygiene
I.
Occupational Safety and Health
Administration (OSHA), under the
Department of Labor
II.
Workers Compensation
III.
Lawsuits
Overview of OSHA
The act created:
A.
B.
C.
D.
OSHA
NIOSH
OSHRC
OSHA Legislation
OSHA – The Agency
Responsible For:
1.
Promulgation Occupational
Health and Safety Standards
2.
Authorized to inspect
workplaces and issue citations
and civil penalties to employers
who are not in compliance.
NIOSH – National Institute of
Occupational Safety and
Health
1.
Is responsible for research on worker
health and safety. NIOSH also
recommends new standards to OSHA
and supplies OSHA with scientific and
technical expertise for the rule making
process.
OSHCR – The Occupational
Safety and Health
Review Commission
1.
Set up as an independent agency
having the responsibility to try
OSHA cases and to hear appeals
from decisions of administrative
law judges.
The “OSHA” Legislation
1.
Employer Duties ( General )
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Each employer shall furnish to each of his
employees, 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.
Every employer is required and obliged to
comply with the requirements composed by
the act.
The “OSHA”Legislation
2.
OSHA Standards
OSHA adapts and develops broad
standards that apply to all
industries.
OSHA Standards
These may be:
A. Performance Standards which
state the objective to be obtained
or the hazard to be abated.
These standards do not specify the
method of abatement or control.
OSHA Standards
B. Specification Standards
These describe the specific means of
hazard abatement. For example:
The PEL’s
(permissible exposure limits)
Workplace Inspections
OSHA inspections are made to
determine whether employers comply
with OSHA Standards, OSHA
Regulations, and the general duty
clause. Inspectors can issue citations
which result in fines.
Know the Law
1.
2.
The U.S. Department’s Wage and
Hour Division enforces federal laws
that regulate the hours and times
adolescents may work.
Teens between 14 and 15 years old may
work only outside school hours and
between 7 am. and 7 pm. They are limited
to 18 hours of work in a school week and
40 hours (eight hours each day) in a nonschool week. Exceptions are made for
those who participate in school supervised
and administered “work experience”
programs.
Know the Law
3.
4.
Youths under age 18 may not work in
manufacturer and storage of explosives;
slaughterhouses; jobs that require use of
power-driven machines and cutters;
radioactive operations; mining; logging
and saw milling; brick and tile
manufacturing; roofing; and excavation
and demolition.
Youths between ages 16 and 17
are also prohibited from driving
motor vehicles or working as
outside helpers on motor vehicles
as part of their job.
Types of Work Associated with
Teen Work – Related Injuries
1.
2.
3.
4.
Working in and around motor vehicles:
Delivery, residential trash pickup, road maintenance,
etc.
Operating tractors and heavy equipment:
Tractors used on farms, backhoes, bulldozers, loaders,
etc.
Working near electrical equipment:
working near overhead power lines, working on roofs,
operating boomed vehicles, etc.
Working at jobs with high risks for homicide:
Working alone or in small numbers where money is
exchanged.
Types of Work Associated with
Teen Work – Related Injuries
5.
6.
7.
Working jobs with fall hazards:
using ladders and scaffolds, working on structures near
openings, tree trimmings, etc.
Working around cooking appliances:
cooking in restaurants, servicing cooking equipment,
etc.
Working jobs requiring manual lifting:
working in warehouses, furniture delivery, stocking, etc.
Worker’s Compensation
The first law which dealt with the health of
workers, as a result of there work was
the English Factory Acts of 1833.
These acts required that employers show
concern for the health of their employees.
This concern however, was directed
toward providing compensation for
accidents. The laws did not focus on
controlling the causes of these accidents.
Worker’s Compensation
These laws lead to what we now have in
the U.S. - Worker’s Compensation Acts in
each State. These laws are based on their
doctrine of exclusivity, which limits the
common law remedy that the injured
employee can pursue.
Worker’s Compensation
In other words, in return for agreeing to
forgo other legal remedies, workers are
guaranteed a swift and sure payment,
which covers loss of wages and medical
expenses.
Liability
1.
2.
3.
4.
Torts – a private or civil wrong or injury.
Negligence – conduct which falls below the
standard established by law for the protection of
others against unreasonable risk of harm.
Intentional or fraudulent misrepresentations.
Breach of Contract – the deliberate breaching of
the agreed upon circumstances or conditions.
Industrial Hygienist as
Expert Witness
Definition A. - Definition of an Expert:
An expert is “a person who, through
education, experience, and/or training,
possesses specialized knowledge or skill in
a specific field.”
Industrial Hygienist as
Expert Witness
Definition B. - Basis for Use of Experts:
“If scientific, technical or other specialized
knowledge will assist the tier of fact to
understand the evidence or to determine
a fact in issue, a witness qualified as an
expert by knowledge, skill, experience,
training, or education, may testify thereto
in the form of an opinion or otherwise.”
Types of Experts
A.
Several Classes of Experts:
There are several types of experts
that an attorney may wish to
retain. The first two are usually
the type the attorney will retain:
1. Trial Experts:
Experts retained or specially employed in
anticipation of litigation, not expected to be a
witness at trial:
a. Assist in framing and identifying the issues
and identifying strengths and weaknesses of
a case.
b. Assist in preparing for examination of
plaintiff’s expert in same area.
c. Assist in identifying other experts for defense
team.
Trial Experts (continued)
d. Special Qualifications: A trial
expert must possess:
(1). Superior communication
skills,both in listening to
questions and in answering
questions;
(2). Ability and willingness to
undergo lengthy pre-testimony
preparation;
Trial Experts (continued)
(3). Ability and willingness to make
complex and complicated matters
understandable to a lay jury;
(4). Ability to perform “under fire”, as
demonstrated either in previous trial
testimony or, perhaps, from
performance at deposition.
2. Consulting Experts
Experts retained or specially employed in
anticipation of litigation or preparation
for trial but not expected to identify at trial:
Consulting Experts (continued)
a. May assist in framing and identifying
the issues and identifying strengths
and weaknesses of the case
b. May assist in preparing for examination
of plaintiff’s expert in same area
c. May assist in identifying other experts
for defense team
d. May assist in reviewing opposing experts’
opinions, articles, etc.
Consulting Experts (continued)
e. May assist in identifying “technical” issues,
industry regulations, requirements, etc.
f. May assist in developing cross- examination of
opponent’s expert witness(es).
g. May assist by attending that portion of the
trial when opponent’s expert witness in the
same area of expertise is testifying so as to
demonstrate to testifying expert that his/her
testimony is being carefully scrutinized.
CONCLUSION
QUESTIONS & DISCUSSION
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Trina Redford
Industrial Hygienist
National Naval Medical Center
Naval Business Center, Bld. 615
Philadelphia, PA