Transcript Introduction to OSHA

Introduction to OSHA
Occupational
Safety and
Health
Administration
Keeping Safe in the Workplace
Section I
Introduction
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
OSHA
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Major losses
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Production and wages
Medical expenses
Disability compensation
Human cost
Congress passed the Occupational Safety
and Health Act (OSH Act) of 1970
Section II
OSHA
OSHA’s mission
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Encourage employers and employees to
reduce workplace hazards and to
implement new, or improve existing,
safety and health programs
OSHA’s mission
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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
OSHA’s mission
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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
OSHA’s mission
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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
OSHA’s mission
OSHA guarantees employers and employees
the right to be fully informed, to participate
actively and to appeal actions.
Section III
OSH Act
OSH Act
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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
OSH Act
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Not covered
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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
OSH Act
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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
OSH Act
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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
General Duty Clause
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Employers:
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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
General Duty Clause
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General Duty Clause
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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
General Duty Clause
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Employers make good faith efforts to
correct existing workplace hazards and
identify new hazards
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Review accident and injury records to identify
patterns
Investigate all accidents and injuries in
workplace
Conduct job hazard analyses
General Duty Clause
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Supervisors and managers can:
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Document training efforts and conduct
retraining
Establish employee safety committee
Assess whether process
is still unsafe
Section IV
Inspections
Workplace inspections
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Knowledgeable and experienced
compliance officers – trained in OSHA
standards
No notice
Alerting employer can
bring fines and/or jail
Workplace inspections
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Special circumstances – notice of less than
24 hours
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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
Workplace inspections
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Special circumstances
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Inspection must be delayed for more
than 5 days with good cause
OSHA area director
determines notice would
produce more thorough
inspection
Worksite inspections
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Inform employee representative
Employer must admit compliance officer
Employer may not interfere with
inspection
OSHA may not conduct warrantless
inspections without consent
Inspection priorities
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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
Inspection priorities
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Catastrophes and fatal accidents –
fatalities and accidents resulting in
hospitalization of three or more employees
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Must be reported within 8 hours
Inspection priorities
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Employee complaints – alleged violations
of standards or unsafe or unhealthful
working conditions
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Employee feels imminent danger
Employee feels there is a violation of standard
that threatens physical harm
Inspection priorities
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Employee complaints
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OSHA will maintain confidentiality
OSHA will inform employee of action taken
OSH will hold informal review of decision not
to inspect
Inspection priorities
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Programmed inspections – inspections
aimed at high hazard industries,
occupations or health substances
Follow-up inspections – determine if
previously cited violations have been
corrected
Inspection priorities
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Records review – examination of
employer’s injury and illness records
(OSHA 300 form) to determine whether
to conduct workplace
inspection
Inspections
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Inspector’s credentials
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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
Inspections
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Opening conference
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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
Inspections
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Inspection process
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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.
Inspections
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Inspection process
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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
Inspections
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Closing conference
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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
Section V
Citations and Penalties
Citations
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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
Citations
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Appeals by employees may be made on:
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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
Citations
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Employers may request informal meeting
with OSHA area director
Area director may propose settlement
agreement
Penalties
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Categories of Violations
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serious
other-than-serious
willful
repeat
failure to abate
Penalties
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Severity of violation and probability of
injury or illness will determine base penalty.
Penalty amounts
are proposed
Employers may contest penalty
Penalties
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Additional violations for which citations
and penalties may be issued
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falsifying records
assaulting a compliance officer
Contesting a citation
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Informal conference request
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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
Contesting a citation
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Informal conference
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Discuss ways to correct the violations
Discuss problems with the abatement dates
Discuss problems concerning employee safety
practices
Resolve disputed citations and penalties
Contesting a citation
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Notice of contest submitted with 15
working days of receipt
Notice of Contest must state:
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what is being contested
which violations on the citation are being
contested
Section VI
Employer
Responsibilities &
Rights
Employer responsibilities
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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
Employer responsibilities
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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
Employer responsibilities
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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
Employer responsibilities
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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
Employer responsibilities
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Report to the nearest OSHA office within 8 hours
any fatal accident or one which results in the
hospitalization of three or more employees
Keep OSHA-required records of work-related
injuries and illnesses, and post the OSHA 300A
form from February 1 through April 30 each year
Employer responsibilities
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Post, at a prominent location within the
workplace, the OSHA poster (OSHA 2203)
informing employees of their
rights and responsibilities
Provide employees, former
employees and reps access
to injury and illness recordkeeping
forms at reasonable time and in a
reasonable manner
Employer responsibilities
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Provide access to employee medical
records and exposure records to
employees
Don’t discriminate against employees who
properly exercise their rights under the Act
Cooperate with OSHA compliance officer
by furnishing names of authorized
employee reps
Employer responsibilities
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Post OSHA citations at or near the
worksite involved. Each citation must
remain posted until the violation has been
abated, or for three working days,
whichever is longer
Abate cited violations within the
prescribed period
Employer rights
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Seek advice and off-site consultation as
needed by writing, calling or visiting the
nearest OSHA Office
Be active in industry associations involved
in job safety and health
Employer rights
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Request and receive proper identification
from the OSHA compliance
officer prior to inspection
Be advised by the
compliance officer of the
reason for an inspection
Have an opening and closing conference
with the compliance officer
Employer rights
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Accompany the compliance officer on the
inspection
File a Notice of Contest
with the OSHA area director
within 15 working days of
receipt of a notice of citation
and proposed penalty
Employer rights
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Apply to OSHA for a temporary variance
from a standard if unable to comply
because of the unavailability of materials,
equipment or personnel needed to make
necessary changes within the required
time
Employer rights
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Apply to OSHA for a permanent variance
from a standard if the employer can
furnish proof that its facilities or method of
operation provides employee protection at
least as effective as that required by the
standard
Employer rights
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Take an active role in developing safety
& health standards through
participation in OSHA Standards
Advisory Committees, through
nationally recognized standards-setting
organizations and through evidence and
views presented in writing or at
hearings
Employer rights
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Be assured of the confidentiality of any
trade secrets observed by an OSHA
compliance officer during an inspection
Submit a written request to NIOSH for
information on whether any substance in
the workplace has potentially toxic effects
in the concentrations being used
Section VII
Employee
Responsibilities and
Rights
Employee responsibilities
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Read the OSHA poster at the jobsite
Comply with all applicable OSHA standards
Follow all employer safety and health rules
and regulations, and wear or use
protective equipment
Employee responsibilities
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Report any job-related injury or illness to the
employer, and seek treatment promptly
Cooperate with the OSHA compliance officer
conducting an inspection if he or she inquires
about safety and health
conditions
Exercise your rights under the
Act in a responsible manner
Employee rights
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Right to seek safety and health on the job
without fear of punishment
Employers may not punish workers for:
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complaining to an employer, union, OSHA, or
any other government agency about job
safety and health
filing safety or health grievances
Employee rights
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Employers may not punish workers for:
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participating on a workplace safety and health
committee or in union activities concerning job
safety and health
participating in OSHA
inspections, conferences,
hearings or other OSHArelated activities
Employee rights
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Review copies of appropriate OSHA
standards, rules, regulations, and
requirements that the
employer should have
available at the workplace
Employee rights
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Request information from the employer on
safety and health hazards in the area, on
precautions that may be taken, and on
procedures to be followed if an employee
is involved in an accident or is exposed to
toxic substances
Employee rights
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Receive adequate training and information
on workplace safety and health hazards
Request the OSHA area
director to conduct an
inspection if employee
believes hazardous
conditions or violations
of standards exist in the workplace
Employee rights
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Have name withheld from employer, upon
request to OSHA, if a written and signed
complaint is filed
Be advised of OSHA actions regarding the
complaint and have an informal review, if
requested, of any decision not to
inspect or to issue a citation
Employee rights
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Have the authorized employee representative
accompany the OSHA compliance officer during
the inspection tour
Respond to questions from the OSHA
compliance officer, particularly if there is no
authorized employee representative
accompanying the compliance officer
Employee rights
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Observe any monitoring or measuring of
hazardous materials and have the right to
see these records
Request a closing
discussion with the
compliance officer
following an inspection
Employee rights
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Submit a written request to NIOSH for
information on whether any substance in
the workplace has potentially toxic effects
in the concentration being used, and have
employee’s name withheld from the
employer, if requested
Employee rights
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Object to the abatement period set in the
citation issued to the employer by writing
to the OSHA area director within 15
working days of the issuance of the
citation
Employee rights
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Be notified by the employer if he or she applies
for a variance from an OSHA standard, and
testify at a variance hearing and appeal the final
decision
Submit information or comment to OSHA on the
issuance, modification, or revocation of OSHA
standards and request a public hearing
Section VIII
Summary
Summary of main points
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OSHA
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OSH Act
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Employer Responsibilities and Rights
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Employee Responsibilities and Rights
Questions?