Transcript Slide 1

Introduction To OSHA
Third Shift Poultry Worker Train-TheTrainer
Paul Schlumper, P.E., CSP
404-407-6797
Georgia Tech Research Institute
GTRI_B-‹#›
Third Shift Poultry Worker Training - 1
Introduction to OSHA
GTRI_B-‹#›
Third Shift Poultry Worker Training - 2
Need for Legislation
In 1970, Congress considered these annual figures:



Job-related accidents accounted for more than 14,000
worker deaths
Nearly 2-1/2 million workers were disabled
Estimated new cases of occupational diseases totaled
300,000
GTRI_B-‹#›
Third Shift Poultry Worker Training - 3
Is there a need for OSHA Today?
Each year...
• About 6,000 deaths from workplace injuries
• An estimated 50,000 deaths from illnesses cause by
workplace exposures
• 6 million non-fatal workplace injuries
• Injuries alone cost U.S. businesses more than $125 billion
GTRI_B-‹#›
Third Shift Poultry Worker Training - 4
Do we need OSHA?
GTRI_B-‹#›
Third Shift Poultry Worker Training - 5
Has OSHA made a difference?
YES!
Since 1970 OSHA has:
• Cut the work-related fatality rate in half
• Reduced overall injury and illness rates in industries
where OSHA concentrated its attention
• Virtually eliminated brown lung disease in the textile
industry, and
• Reduced trenching and excavation fatalities by 35
percent
GTRI_B-‹#›
Third Shift Poultry Worker Training - 6
What is OSHA?
• Occupational Safety
and Health Administration
• Responsible for worker safety and
health protection
GTRI_B-‹#›
Third Shift Poultry Worker Training - 7
Statistics
• 1971 – 14,000 Work-related fatalities
 56 million workers
 3.5 million workplaces
• 2001 – 5,900 Work-related fatalities
 114 million workers
 7 million workplaces
• 2004 – 5,703 Work-related fatalities
 115 million workers
 7.2 million workplaces
 Fatalities have been reduced by 59%
GTRI_B-‹#›
Third Shift Poultry Worker Training - 8
OSH Act of 1970
PURPOSE:
" . . . 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."
GTRI_B-‹#›
Third Shift Poultry Worker Training - 9
OSHA's Purpose



Encourage employers and employees to reduce
workplace hazards and implement new or improve
existing S&H programs
Provide for research in occupational S&H
Maintain a reporting and recordkeeping system to
monitor job-related injuries and illnesses

Establish occupational S&H training programs

Develop and enforce mandatory job S&H standards

Provide for development and approval of state
occupational S&H programs
GTRI_B-‹#›
Third Shift Poultry Worker Training - 10
The Act's Coverage




Extends to all employers and their employees in the 50
states, District of Columbia, Puerto Rico, and all other
territories under Federal Government jurisdiction
Coverage provided either directly by federal OSHA or
through an OSHA-approved state program
Employer defined as any "person engaged in a
business affecting commerce who has employees, but
does not include the United States (except for the U.S.
Postal Service) or any State or political subdivision of a
State“
Does not cover the self-employed or immediate
members of farm families that do not employ outside
workers
GTRI_B-‹#›
Third Shift Poultry Worker Training - 11
Federal Employees



Federal agency heads must operate comprehensive
occupational S&H programs to ensure compliance with
OSHA standards
OSHA cannot impose monetary penalties against
another federal agency
Compliance issues at local level are raised to higher
organizational levels until resolved
GTRI_B-‹#›
Third Shift Poultry Worker Training - 12
State and Local Governments



OSHA provisions do not apply to state and local
governments in their role as employers
Any state seeking OSHA approval for its own S&H
program must provide coverage for these employees
State plans may also cover only public sector
employees
GTRI_B-‹#›
Third Shift Poultry Worker Training - 13
What does OSHA require?
• Determine which OSHA standards
apply to your workplace
• Follow the OSHA standards and
requirements
GTRI_B-‹#›
Third Shift Poultry Worker Training - 14
What are employers’ rights
and responsibilities?
• Employers must provide a safe and
healthful workplace free of recognized
hazards and follow the OSHA standards
• The OSH Act grants employers important
rights, particularly during and after an
OSHA inspection
• Employers also provide training, medical
examinations and recordkeeping
GTRI_B-‹#›
Third Shift Poultry Worker Training - 15
What are workers’ responsibilities?
• Read the OSHA poster
• Follow the employer’s safety and health rules and wear or
use all required gear and equipment
• Follow safe work practices for your job, as directed by your
employer
• Report hazardous conditions to a supervisor or safety
committee
• Report hazardous conditions to OSHA, if employers do not
fix them
• Cooperate with OSHA inspectors
(see OSHA’s Workers’ web page for more information)
GTRI_B-‹#›
Third Shift Poultry Worker Training - 16
What are workers’ rights?
• Workers have a vital role to play in identifying and correcting
problems in their workplaces, working with their employers
whenever possible
• Workers can 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’s Workers’ web page for more information)
GTRI_B-‹#›
Third Shift Poultry Worker Training - 17
OSHA’s Workers’ Page
GTRI_B-‹#›
Third Shift Poultry Worker Training - 18
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
GTRI_B-‹#›
Third Shift Poultry Worker Training - 19
General Duty Clause
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."
GTRI_B-‹#›
Third Shift Poultry Worker Training - 20
Categories of Standards

General Industry

Construction

Maritime

Agriculture
GTRI_B-‹#›
Third Shift Poultry Worker Training - 21
Where to Get OSHA Standards
• Federal Register in public
libraries or at the 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)
GTRI_B-‹#›
Third Shift Poultry Worker Training - 22
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

GTRI_B-‹#›
Third Shift Poultry Worker Training - 23
Standards Adoption

Advance Notice of Proposed Rulemaking (Optional)

Notice of Proposed Rulemaking
• terms of new rule
• provide specific time (30 days min.) for public to
respond
Public hearing (may be requested by interested parties)

Final rule published in Federal Register

GTRI_B-‹#›
Third Shift Poultry Worker Training - 24
Emergency Temporary Standard (ETS)



OSHA is authorized to set an ETS that takes effect
immediately if OSHA determines that:
• Workers are in grave danger due to exposure to toxic or
physically harmful substances
• ETS is needed to protect them
ETS is published in Federal Register, where it also
serves as a proposed permanent standard
ETS then subject to usual procedure for adopting a
permanent standard except that a final ruling must be
made within six months
GTRI_B-‹#›
Third Shift Poultry Worker Training - 25
Appealing a Standard


Any person who may be adversely affected by a final or
emergency standard may file a petition (within 60 days of the
rule's promulgation) for judicial review with the U.S. Court of
Appeals.
Appeals petition will not delay enforcement of a standard,
unless the Court of Appeals specifically orders it.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 26
Variances
Temporary variance may be granted to an employer who
cannot comply with a standard by its effective date due to
unavailability of personnel, materials or equipment, or
because necessary construction or alteration of facilities
cannot be completed in time.
Permanent variance (alternative to a particular requirement or
standard) may be granted to employers who prove their
abatement plan will provide a safe and healthful workplace as
effectively as would compliance with the standard.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 27
Recordkeeping and Reporting




Employers of 11 or more employees must
maintain records of occupational injuries and
illnesses as they occur.
Employers with 10 or fewer employees are
exempt from recordkeeping unless selected by
BLS to participate in the Annual Survey.
Certain low-hazard employers (e.g., retail trade,
finance, insurance, real estate) are not required
to keep records.
All employers must comply with OSHA
standards, display the OSHA poster, and report
to OSHA within 8 hours any accident that
results in a fatality or hospitalization of 3 or
more employees.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 28
Recordkeeping Forms
• Maintained on a calendar
year basis
• Must be maintained for 5
years at the establishment
and be available for
inspection
• Summary of records for the
previous year must be
posted from February
through April

Must be certified by the
highest ranking official
working at the establishment.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 29
Workplace Inspections
• Every establishment
covered by the OSH Act is
subject to inspection by
OSHA compliance safety
and health officers
(CSHO's)
• Most inspections are
conducted without advance
notice
GTRI_B-‹#›
Third Shift Poultry Worker Training - 30
Inspection Priorities
1. Imminent Danger (any condition where there is a
reasonable certainty that a danger exists that can be
expected to cause death or serious physical harm
immediately, or before the danger can be eliminated
through normal enforcement procedures)
2. Fatalities and Catastrophes (resulting in
hospitalization of 3 or more employees)
3. Employee Complaints/Referrals
4. Programmed High-Hazard Inspections
GTRI_B-‹#›
Third Shift Poultry Worker Training - 31
Inspection Process
• CSHO displays official
credentials
• Opening conference
• Walkaround inspection
• Closing conference
GTRI_B-‹#›
Third Shift Poultry Worker Training - 32
Conducting the Walkaround Inspection
• CSHO and accompanying representatives
(employer and employee) inspect the
establishment for potentially hazardous
working conditions
• CSHO discusses possible corrective
actions with the employer
• CSHO may consult, at times privately, with
employees
GTRI_B-‹#›
Third Shift Poultry Worker Training - 33
What happens after an OSHA inspection?
• OSHA 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
GTRI_B-‹#›
Third Shift Poultry Worker Training - 34
Citations and Penalties




After CSHO reports findings, the area director determines what
citations, if any, will be issued, and what penalties, if any, will be
proposed
Citations inform employer and employees of the regulations and
standards allegedly violated and of the proposed time for
abatement
Citations and notices of proposed penalties are sent by certified
mail
Employer must post a copy of each citation at or near place where
violation occurred, for 3 days or until violation abated, whichever is
longer
GTRI_B-‹#›
Third Shift Poultry Worker Training - 35
Types of Violations

Other Than Serious

Serious

Willful

Repeated
GTRI_B-‹#›
Third Shift Poultry Worker Training - 36
Other Than Serious Violation


Violation that has a direct relationship to job safety and
health, but probably would not cause death or serious
physical harm
Penalty of up to $7,000 is discretionary
GTRI_B-‹#›
Third Shift Poultry Worker Training - 37
Serious Violation


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
Penalty of up to $7,000 is mandatory
GTRI_B-‹#›
Third Shift Poultry Worker Training - 38
Willful Violation



An intentional violation of the Act or plain indifference
to its requirements
Penalties of up to $70,000, with a minimum penalty of
$5,000 for each violation
If violation results in death of an employee, a fine up to
$250,000 for an individual, or $500,000 for a corporation,
and/or imprisonment for up to six months may be
imposed for a criminal conviction
GTRI_B-‹#›
Third Shift Poultry Worker Training - 39
Repeated Violation

Substantially similar violation found upon reinspection

Penalties of up to $70,000 for each violation
GTRI_B-‹#›
Third Shift Poultry Worker Training - 40
Additional Violations



Falsifying records, reports or applications can bring a
fine of $10,000 or up to 6 months in jail, or both.
Violations of posting requirements can bring a penalty
up to $7,000.
Assaulting a compliance officer or interfering with their
duties is a criminal offense, subject to fine of not more
than $5,000 and imprisonment for not more than 3
years.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 41
Failure to Abate
Failure to abate a prior violation may bring a
penalty of up to $7,000 for each day the violation
continues beyond the prescribed abatement date.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 42
Appeals by Employees




If an inspection was initiated by employee complaint,
employee or authorized representative may request an
informal review of any decision not to issue a citation
Employees may not contest citations, amendments to
citations, penalties or lack of penalties
May contest time for abatement
May also contest employer's Petition for Modification of
Abatement (PMA), which requests an extension of the
abatement period
GTRI_B-‹#›
Third Shift Poultry Worker Training - 43
Appeals by Employers



When issued a citation or notice of proposed penalty,
employer may request an informal meeting with OSHA's
area director, who is authorized to enter into settlement
agreement
Employer may request an extension of abatement
period through a PMA
Employers may contest either the citation, abatement
period, or proposed penalty within 15 working days of
receipt through a written "Notice of Contest"
GTRI_B-‹#›
Third Shift Poultry Worker Training - 44
OSHA-Approved State Programs


OSH Act encourages states to develop and operate,
under OSHA guidance, state job S&H plans
OSHA funds up to 50 percent of approved program's
cost

Must be at least as effective as the federal program

Must cover state and local government employees

May limit coverage to public sector

Must keep pace with federal standards
GTRI_B-‹#›
Third Shift Poultry Worker Training - 45
Strategic Management Plan
• Goal 1: Reduce occupational hazards through direct
intervention
• Goal 2: Promote a safety and health culture through
compliance assistance, cooperative programs, and strong
leadership
• Goal 3: Maximize OSHA effectiveness and efficiency by
strengthening our capabilities and infrastructure
GTRI_B-‹#›
Third Shift Poultry Worker Training - 46
OSHA’s Strategic Management Plan
•
By 2008 reduce the rates of workplace fatalities by 15% and
workplace injuries and illnesses by 20%
GTRI_B-‹#›
Third Shift Poultry Worker Training - 47
Region IV and National Emphasis Programs
Of 38,579 inspections conducted by OSHA in FY06, 18,895 were
related to LEP’s
• Falls in Construction
• Overhead Power Lines
• Landscaping
• Sanitation in Meatpacking, Poultry and Fish Processing
• Power Industrial Trucks
• Amputations in Construction and Manufacturing
• Silica
• National Emphasis Program on Trenching
GTRI_B-‹#›
Third Shift Poultry Worker Training - 48
Standard & Subpart: 1910.
Most Frequently Cited Serious Violations in General
Industry
FY 2006
Machine Guards - General
212(a)(1) - O
1200(e)(1) - Z
212(a)(3)(ii) - O
23(c)(1) - D
1200(h)(1) - Z
151(c) - K
147(c)(1) - J
215(b)(9) - O
147(c)(4)(i) - J
305(b)(1) - S
Hazard Communication – Written Program
Point of Operation
1418
1155
733
Open-Sided Floors
689
Hazard Communication – Information & Training
645
Eye & Body Flushing Facilities
Lockout/Tagout - Program
589
572
Grinders-Tongue Guards
564
Lockout/Tagout - Procedures
556
Conductors Entering Cabinets/Boxes/Fittings Protected from Abrasion
522
Note: There were also 1222 Section 5(a)(1) General Duty Clause violations cited for all inspections
during this period.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 49
Most Frequently Cited Serious Violations
in Construction – FY 2006
Standard & Subpart - 1926.
Fall protection - Unprotected sides & edges
501(b)(13) - M
1887
Fall protection – Residential construction 6’ or more
1733
501(b)(1) - M
Head protection
1433
100(a) - E
Scaffolds - Fall protection
451(g)(1) - L
1321
Aerial lifts – Body belt & lanyard
1178
503(a)(1) - M
Fall hazards training program
1079
453(b)(2)(v) - L
451(e)(1) -- L
Scaffolds - Access
1069
Portable ladders 3 feet above landing surface
1022
451(b)(1) - L
Scaffolds - Platform construction
1053(b)(1) - X
1007
Employee training programs
21(b)(2) - C
823
There were also 362 Section 5(a)(1) violations cited in construction SIC codes (1500 – 1799) during this period.
GTRI_B-‹#›
Third Shift Poultry Worker Training - 50
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 General Industry Compliance Assistance
• OSHA Office of State Programs
• Voluntary Protection Programs
GTRI_B-‹#›
Third Shift Poultry Worker Training - 51
Consultation Assistance





Largely funded by OSHA, provided at no cost to employer
Primarily 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
GTRI_B-‹#›
Third Shift Poultry Worker Training - 52
Consultation Assistance
• Provided at no cost to employer
• 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
GTRI_B-‹#›
Third Shift Poultry Worker Training - 53
Voluntary Protection Programs (VPPs)

Cooperative approach to expand worker protection

Three VPPs - Star, Merit, and Demonstration - designed
to:
• Recognize outstanding S&H programs
• Motivate others to achieve similar excellent S&H results
• Establish cooperative relationship among employers,
employees, and OSHA
GTRI_B-‹#›
Third Shift Poultry Worker Training - 54
Training and Education



OSHA's area offices are full-service centers offering
speakers, publications, audiovisual aids on workplace
hazards, and technical advice.
OSHA Training Institute (OTI) in Des Plaines, IL,
provides training and education in safety and health for
federal and state compliance officers, state consultants,
other federal agencies, and the private sector.
OTI Education Centers conduct courses for the private
sector and other Federal agencies
GTRI_B-‹#›
Third Shift Poultry Worker Training - 55
Sources of Reference
•
www.osha.gov

•
•
www.oshainfo.gatech.edu

Free, on-site safety and health consultation

Completely confidential from OSHA
www.ProjectSafeGeorgia.org

•
E-tools, standards, presentations, etc.
Assistance for small businesses
www.asse-ga.org

Trench safety task force
GTRI_B-‹#›
Third Shift Poultry Worker Training - 56
OSHA Website
http://www.osha.gov
Ergonomics page
• Guidelines
• E-Tools
• Success Stories
GTRI_B-‹#›
Third Shift Poultry Worker Training - 57
OSHA Web Site
(www.osha.gov)
• About OSHA (contacts, programs . . .)
• Events (conferences, hearings . . .)
• Library/Reading Room (statistics . . .)
• News Room (publications, news releases . . .)
• Outreach (technical links, training . . .)
• Regulations & Compliance (standards . . .)
GTRI_B-‹#›
Third Shift Poultry Worker Training - 58
Georgia Tech
http://www.oshainfo.gatech.edu
• Training Materials
• OTI Courses
• Safety Consultation
GTRI_B-‹#›
Third Shift Poultry Worker Training - 59
OSHA Emergency Hot-Line
1-800-321-OSHA
• Hot-line for reporting workplace safety or
health emergencies
• Provides a 24-hour point of contact to report
imminent dangers on the job
GTRI_B-‹#›
Third Shift Poultry Worker Training - 60
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
GTRI_B-‹#›
Third Shift Poultry Worker Training - 61
What does the worker need to
know from this presentation?
GTRI_B-‹#›
Third Shift Poultry Worker Training - 62