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