Transcript Occupational Safety and Health Administration (OSHA) By: Elizabeth Prillaman &

Occupational Safety and
Health Administration (OSHA)
By: Elizabeth Prillaman
&
Kimberly Cox
35-YEAR MILESTONES
HIGHLIGHTS
The Occupational Safety and
Health Act of 1970
Mission: To assure safe and healthful
working conditions for working men and
women; by authorizing enforcement of
the standards developed under the Act;
by assisting and encouraging the States
in their efforts to assure safe and
healthful working conditions; by
providing for research, information,
education, and training in the field of
occupational safety and health; and for
other purposes.
The Occupational Safety and
Health Act of 1970
OSHA wants every worker to go home whole
and healthy each day
Federal agencies can’t be fined for violating
health and safety standards, except for the
U.S. Postal Service which now falls directly
under OSHA’s jurisdiction and is treated as a
private employer
The workers play an active role in spotting
workplace hazards and asking their
employers to correct them
Statistics
Since 1970, workplace fatalities have been
reduced by half
The year 1998 holds the lowest record for
injuries while on the job
Nearly 50 American workers are injured every
minute of the 40 hour work week and almost
17 die each day
Federal and State OSHA programs have only
about 2,500 inspectors to cover 100 million
workers at six million worksites
Statistics
OSHA has helped to decrease the number of
fatalities by more than 60% and occupational
injury and illness rate by 40%
The employment in the U.S. has doubled
from 56 million workers with 3.5 million
worksites to more than 115 million workers at
7.2 million worksites
These numbers increase each year
History
On December 29, 1970 President Richard
Nixon signed The Occupational Safety and
Health Act, also known as the WilliamsSteiger Act in honor of two men who pressed
hard for this to be passed
This was created by Congress to help protect
workers by setting and enforcing workplace
safety and health standards by providing
safety and health information, training, and
assistance to workers and employers
Federal OSHA
In order to process a complaint, the Federal
level of OSHA must receive one or more of
the following:
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A written and signed complaint by a current
employee or employee representative with enough
detail to enable OSHA
An allegation that physical harm has occurred as a
result of the hazard and that it still exists
A report of any imminent danger
A complaint about a company in an industry
covered by one of OSHA’s local or national
emphasis programs or a hazard targeted by one of
these programs
Federal OSHA
Inadequate response from an employer who
has received information on the hazard
through a phone/fax investigation
A complaint against an employer with a past
history of egregious, willful or failure-to-abate
OSHA citations within the past three years
Referral from a Whistleblower investigator
Complaint at a facility scheduled for or
already undergoing an OSHA inspection
Inspection Priorities
Top priority is for an imminent danger.
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This is a situation where workers face an
immediate risk of death or serious physical harm.
Second priority is any fatality or catastrophe.
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This would be an accident that requires
hospitalization of three or more workers.
Third priority is employee complaints and
referrals.
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This situation would be lower level inspections
that include high hazard industries, planned
inspections in other industries, and the most
important, follow-up inspections to make sure that
the workplace is safe.
Complaints
Evaluating Employee Complaints
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OSHA looks at complaints each day
Complaints are not necessarily inspected in “first
come, first serve” order
The complaints that are more severe than others
are handled first
The lower priority complaints are asked to be
handled more quickly by either fax/phone method
than through on-site inspection
How to File a Complaint with
OSHA
Online at www.osha.gov
Download the OSHA complaint form,
complete it and then fax or mail it to
your local OSHA office
Telephone the OSHA office at 1-800321-OSHA
In states with approved state plans,
employees may file a complaint with
both the State and Federal OSHA
Additional Information
When can a complaint be filed?
Who can complain?
What Information Must the Employee
Provide?
The Whistleblower Program
Discrimination can include:
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Firing or laying off
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failure to hire or rehire
Intimidation
Reassignment affecting prospects for promotion
Reducing pay or hours
The Whistleblower Program
To help ensure that employees are free to
participate in safety and health activities,
Section 11(c) of the Act prohibits any person
from discharging or in any manner
discriminating against any employee because
the employee has exercised rights under the
Act
These rights include:
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Complaining to OSHA and seeking an inspection
Participating in an OSHA inspection
Participating or testifying in any proceeding
related to an OSHA inspection
Filing a Complaint Under the
Whistleblower Program
Contact your local OSHA Office right
away
An employee only has 30 days to report
discrimination from the time it happens
Can telephone, fax, or mail a complaint
OSHA conducts an in-depth interview
with each complainant to determine the
need for an investigation
Worker Rights Under the Occupational
Safety and Health Act of 1970
Get training from your employer
Request information from your employer
about OSHA standards and workers’ rights
Request action from your employer to correct
hazards or violations
File a complaint with OSHA if needed
Be involved in the OSHA’s inspection of your
workplace
Find out results of an OSHA inspection
Worker Rights (continued)
Get involved in any meetings or hearings to
discuss any objections your employer has to
OSHA standards
File a formal appeal of deadlines for
correction of hazards
File a discrimination complaint
Request a research investigation on possible
workplace health hazards
Provide comments and testimony to OSHA
during rulemaking on new standards
State OSHA Programs
Section 18 of the
Occupational Safety and
Health Act of 1970
encourages States to
develop their own job
safety and health
programs
OSHA monitors and
approves State plans
and will provide up to
50% of an approved
plan’s cost of operation
There are currently 26
States and jurisdictions
operating complete
State plans
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22 cover both private
sectors and State and
local government
employees
4 cover only public
employees
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Connecticut
New Jersey
New York
Virgin Islands
State OSHA Programs
States must set job safety and health
standards that are at least as effective
as comparable federal standards
Most states adopt standards that are
identical to federal ones
States have the option to apply
standards covering hazards not
addressed by federal standards
State OSHA Programs
A State must conduct inspections to:
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Enforce its standards
Cover public (State and local government)
employees
Operate occupational safety and health
training and education programs
Most States provide free on-site
consultation to help employers identify
and correct workplace hazards
State OSHA Program Benefits
Coverage for public sector employees
Creating new programs that address
hazards specific to the state’s industries
OSHSPA
The Occupational Safety and Health State Plan
Association (OSHSPA) links the 26 state plan
jurisdictions, federal occupational safety and
health jurisdictions, and Congress
The Federal OSH Act of 1970 states: “Any State
which, at any time, desires to assume
responsibility for development and enforcement
therein of occupational safety and health
standards relating to any occupational safety
and health issue with respect to which a Federal
standard has been promulgated under section 6
shall submit a State plan for the development of
such standards and their enforcement.”
How Does A State Establish
Its Own Program?
Steps:
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Gain approval from OSHA for a
development plan
Certification
Operational Status Agreement
Final Approval
VOSH
The Mission of the Virginia Occupational
Safety and Health (VOSH) program is to
protect and promote the safety and health of
Virginia’s workers in their workplaces.
The Virginia Safety and Health Codes Board,
a regulatory board appointed by the
Governor, establishes VOSH regulations and
standards
It operates within the Virginia Department of
Labor and Industry located in Richmond
VOSH
One of the strengths is that it strives for
a balanced and integrated approach to
ensuring safe and healthy workplaces
Its compliance program conducts
inspections of private and public sector
employers to assure compliance with
the laws, standards and regulations of
the Commonwealth
Virginia Unique Standards (DOLI Web site)
SECTION
TITLE
VAC
Virginia
Administrative Code
§ 1910.20
Access to Employee Exposure and Medical
16 VAC 25-80-10
§1910.26
8(t)
Confined Space Standard Telecommunications
Industry
16 VAC 25-70-10 et seq.
§ 59.1406-414
Overhead High Voltage Line Safety Act
Statute
§CNSP.14
6
Confined Space Standard for Construction
16 VAC 25-140-10 et seq.
§1926.65
0
Virginia Excavation Standard, Construction
Industry
16 VAC 25-170-10 et seq.
§
1926.760
Fall Protection for Subpart R - Steel Erection
16 VAC 25-175-1926.760
§
1926.800
Underground Construction Standard
16 VAC 25-150-10
§
1928.110
Field Sanitation, Agriculture
16 VAC 25-180-10
§ 1926.51
Construction Industry Standard for Sanitation
16 VAC 25-160-10 et seq.
Federal OSHA vs. VOSH
The State plan agreement between the
Federal OSHA and Virginia gives the
Commonwealth authority to regulate
occupational safety and health within its
jurisdiction for:
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General Industry
Construction
Agriculture
Public Sector
To learn more about what the VOSH
standards and regulations are please
visit
http://www.osha.gov/desp/osp/statepro
gs/virginia.html
To learn more about what the Federal
OSHA standards and regulations are
please visit http://www.osha.gov
Employee Responsibilities
Read the OSHA Poster at the jobsite
Comply with all applicable OSHA standards
Follow all lawful employer safety and health
rules and regulations
Wear or use prescribed protective equipment
while working
Report hazardous conditions to the supervisor
Report any job-related injury or illness to the
employer, and seek treatment promptly
Exercise rights under the Act in a responsible
manner
Employer Responsibilities
Provide a workplace free from serious
recognized hazards and comply with
standards, rules and regulations issued under
the OSHA Act
Examine workplace conditions to make sure
they conform to applicable OSHA standards
Make sure employees have and use safe tools
and equipment and properly maintain this
equipment
Use color codes, posters, labels or signs to
warn employees of potential hazards
Establish or update operating procedures and
make aware to employees
Employer Responsibilities
Provide medical examinations and training
when required by OSHA standards
Post the OSHA poster informing employees of
their rights and responsibilities
Report to the nearest OSHA office within 8
hours any fatal accident or one that results in
the hospitalization of three or more
employees
Keep records of work-related injuries and
illnesses
Provide employees, former employees and
their representatives access to the Log of
Work-Related Injuries and Illnesses
Employer Responsibilities
Provide access to employee medical records
and exposure records to employees or their
authorized representatives
Provide to the OSHA compliance officer the
names of authorized employee
representatives who may be asked to
accompany the compliance officer during an
inspection
Not discriminate against employees who
exercise their rights under the Act
Post OSHA citations at or near the work area
involved
Refusing to Work because
Conditions are Dangerous
Your right to refuse to do a task is protected
if all of the following conditions are met:
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Where possible, you have asked the employer to
eliminate the danger, and the employer failed to
do so
You refused to work in “good faith”
A reasonable person would agree that there is a
real danger of death or serious injury
There isn’t enough time, due to the urgency of the
hazard, to get it corrected through regular
enforcement channels, such as requesting on
OSHA inspection
Mallard Bay Drilling vs. OSHA
On June 16, 1997, four Mallard employees
were killed and two others seriously injured in
an explosion on the Mr. Beldon, a Mallard
drilling barge
OSHA issued a citation against Mallard
charging three violations of the OSH Act
Mallard asserted that OSHA lacked authority
to regulate working conditions on the Mr.
Beldon
Thomas Industrial Coatings
vs. OSHA
OSHA fined Thomas Industrial Coatings a
proposed $2.3 million following two fatalities
in Kansas City
Two painting contractors died while working
over the same bridge and using the same
suspended scaffold
The employer has 15 working days from
receipt of the citation and proposed penalties
to comply and pay the penalties or contest to
the citations before the independent OSH
Review Commission
What is an OSHA Partnership?
The OSHA Strategic Partnership Program for
Worker Safety and Health (OSPP), adopted
on November 13, 1998, is an expansion and
formalization of OSHA’s substantial
experience with voluntary programs
In a Partnership, OSHA enters into an
extended, voluntary, cooperative relationship
with groups of employers, employees, and
employee representatives in order to
encourage, assist, and recognize their efforts
to eliminate serious hazards and achieve a
high level of worker safety and health
Partnership Success
Partnership between Turner Construction and
OSHA at Sloan Ketterering Memorial site
improves contractor work practices
Grain and Feed Association of Illinois
Partnership helps to identify and eliminate
hazards at 119 member facilities
Foundry Ergonomics Partnership Helps
Employers Improve Safety and Efficiency
OSHA SAVES LIVES!!!