Presentation on theme: "YouthBuild Kick-off Conference January 30, 2008"— Presentation transcript:
1 YouthBuild Kick-off Conference January 30, 2008 Introduction to OSHAThis presentation is designed to assist trainers conducting OSHA 10-hour Construction Industry outreach training for workers. Since workers are the target audience, this presentation emphasizes hazard identification, avoidance, and control – not standards. No attempt has been made to treat the topic exhaustively. It is essential that trainers tailor their presentations to the needs and understanding of their audience.This presentation is not a substitute for any of the provisions of the Occupational Safety and Health Act of 1970 or for any standards issued by the U.S. Department of Labor. Mention of trade names, commercial products, or organizations does not imply endorsement by the U.S. Department of Labor.YouthBuild Kick-off Conference January 30, 2008
2 “The Important Stuff” Schedule Restrooms Emergency exits and mustering pointCell phones
3 What is OSHA? Occupational Safety and Health Administration Responsible for worker safety and health protection
4 Is there a need for OSHA? Each year... Nearly 6,000 workplace fatalities50,000 deaths from workplace-related illnesses5.7 million non-fatal workplace injuriesInjuries alone cost U.S. businesses over $125 billionSource: OSHA Publication 2056, All About OSHASource - OSHA Publication 2056
5 Has OSHA Made a Difference? YES!Since 1970 OSHA has:Helped cut the work-related fatality rate in halfWorked with employers and employees to reduce workplace injuries and illnesses by 40%Virtually eliminated brown lung disease in the textile industry, andReduced trenching and excavation fatalities by 35%
6 What does OSHA do?Encourages employers and employees to reduce workplace hazards and implement new or improve existing safety and health programsDevelops and enforces mandatory job safety and health standardsMaintains a reporting and recordkeeping system to monitor job-related injuries and illnessesProvides assistance, training and other support programs to help employers and workers
7 Who is covered by the OSH Act? Most private sector employeesCoverage is provided directly by federal OSHA or through an OSHA-approved state programDoes not cover the self-employed or immediate members of farm families that do not employ outside workersState plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are “at least as effective as” the federal OSHA program. States with approved plans cover most private sector employees as well as state and local government workers in the state.Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site (www.osha.gov).Also not covered by OSHA:- Employees whose working conditions are regulated by other federal agencies. These include mine workers, certain truckers and rail workers, and atomic energy workers- Public employees in state and local governments (except for states with approved plans) These include fire fighters, police, and other public servants.
8 OSHA StandardsOSHA develops and enforces standards that employers must follow.Where OSHA does not have standards, employers are responsible for following the OSH Act's General Duty Clause.States with OSHA-approved programs must set standards at least as effective as federal standards.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 employees."
9 What does OSHA Require?Determine which standards apply to your workplaceFollow the OSHA standards and requirementsOSHA standards cover:- General Industry- Construction- Maritime- Some agricultural activities
10 What are workers’ responsibilities? Read the OSHA posterFollow the employer’s safety and health rules and wear or use all required gear and equipmentFollow safe work practices for your job, as directed by your employerReport hazardous conditions to a supervisor or safety committeeReport hazardous conditions to OSHA, if employers do not fix themCooperate with OSHA inspectorsOSHA Worker's web page:(see OSHA Workers' web page for more information)
11 What are workers’ rights? Identify and correct problems in their workplaces, working with their employers whenever possibleComplain to OSHA about workplace conditions threatening their health or safety in person, by telephone, by fax, by mail or electronically through OSHA’s web siteSection 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 Workers' web page for more information)
12 OSHA Workers' Page www.osha.gov/as/opa/worker/index.html OSHA’s Workers’ web page:Includes:- How to file a complaint- Rights and responsibilities- OSHA resources
13 What are employers’ rights & responsibilities? Employers must provide a safe and healthful workplace free of recognized hazards and follow the OSHA standardsThe OSH Act grants employers important rights, particularly during and after an OSHA inspectionEmployers must provide training, medical examinations and recordkeepingOSHA maintains confidentiality of employers’ trade secrets.Both employers and employees may submit information or comments to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearingFor more information, consult OSHA publications-- No. 2056, All About OSHA and-- No. 3000, Employers Rights and Responsibilities Following An OSHA Inspection.
14 Competent Person in Construction A person who;Knows the right standard,Can identify hazards in the operation, andIs designated by the employer, and has the authority to take appropriate actions."Competent Person" is found in many standards.Some standards set specific requirements for the "competent person."See:The term "Competent Person" is used in many OSHA standards and documents. As a general rule, the term is not specifically defined. In a broad sense, an OSHA competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions (see ). Some standards add additional specific requirements which must be met by the competent person.
15 Workplace Inspections Establishments covered by the OSH Act are subject to inspection by OSHA compliance safety and health officers (CSHO's)Most inspections are conducted without advance noticeInspection Priorities:- 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)- Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees)- Employee Complaints/Referrals- Programmed High-Hazard Inspections- Follow-ups to previous inspections
16 What Types of Hazards are Addressed in Standards? ElectricalCranesFallsExcavationScaffoldingMachinesStairways & LaddersChemical
17 The OSH Act of 1970 Section 5(b) - Follow the written rules. Section 5(a)(1) - “General Duty Clause.”Fix what you can know is broken.Each employer shall furnish a place of employment which is free of serious, recognizable hazards to the health and safety of their employees.
18 Inspection Types I Programmed Inspections (industry problem) Random selection by computer reportSpecial emphasis programs based on kinds of hazards in a line of workComprehensive with chance of “Focus”
19 Inspection Types II Unprogrammed inspections (site problem) Accidents: fatalities or catastrophes (3 or more people admitted to the hospital)Complaints: signed by current employee or “phone & fax” ignored by the employerReferral: notice of a hazard by a credible safety professional or confirmed report from the media or by another government agency
20 InspectionsCompliance Safety and Health Officers (CSHOs) work for the Secretary of Labor to:enter without delay and at reasonable times any work place;inspect and investigate during regular working hours and at other reasonable times,and to perform their work within reasonable limits and in a reasonable manner.
21 Employer may Qualify for "Focused Inspection" Has to meet certain conditionsInspector will "focus" on these four hazard areas:FallsStruck byCaught in/betweenElectricalSee:Effective October 1, 1994, all construction inspections shall have opening conferences consistent with current agency procedures, and then shall proceed as follows:During all inspections, CSHO's shall determine whether or not there is project coordination by the general contractor, prime contractor, or other such entity that includes:an adequate safety and health program/plan that meets the guidelines set forth below, anda designated competent person responsible for and capable of implementing the program/plan.If the above general contractor, prime contractor, or other such entity meets both of these criteria, then a focused inspection shall be made. When either of these criteria is not met, then the inspection shall proceed in accordance with previously established procedures for comprehensive inspections as stated in CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM), chapter II section A.1.b.The leading hazards are:falls, (e.g., floors, platforms, roofs)struck by, (e.g., falling objects, vehicles)caught in/between (e.g., cave-ins, unguarded machinery, equipment)electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring)
22 Inspection Process CSHO displays official credentials Opening conferenceWalk-around inspectionClosing conference
23 Inside an Inspection: The Opening At the Opening Conference, CSHOs:Present their credentials to the highest ranking management official - and everyone else smart enough to ask.Explain the general “Nature and Scope” of the inspection - why they’re there and where they intend to look.
24 More on the Opening Conference Subcontractors should be invited to the opening conference if the inspection will include their work areas.Employees who are members of a union must be allowed to have a representative present during the opening conference.
25 Inside the Inspection: The Walk-Around The physical inspection of the workplace is called the Walk-around.Employers should always have a representative walk with the CSHO.Authorized reps for employees also have the right to be on the walk-around.The CSHO decides how to do the walk.
26 More on the Walk- Around CSHOs have the authority to:Take photographs and site samples related to the purpose of the inspection.Privately interview any employee.CSHOs have a duty to:Be fair, thorough and reasonable in the time and manner of inspection.To not create hazards or labor problems.
27 Inside an Inspection: More Info Records ReviewInjury and illness recordsSafety plansContractsTraining recordsResearchManufacturer’s infoIndustry practicesOSHA policyReviewing other contractor’s programs
28 Inside an Inspection:Closing Conference A Closing Conference is held at the end of an inspection for all representatives.If more research is needed, a Preliminary Closing is still given to list concerns so employers can fix any problems right away.Closings are a chance to ask questions or to speak up if folks think the CSHO misunderstood the situation.
29 What Happens After an OSHA Inspection? OSHA may or may not issue citationsCitations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatementEmployer 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- After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed.- Citations and notices of proposed penalties are sent to employers by certified mail.
30 CitationsOther than seriousSeriousRepeatWillfulEgregious
31 Recordkeeping and Reporting Employers of 11 or more employees must maintain records of occupational injuries and illnessesAll employers must display the OSHA poster, and report to OSHA within 8 hours any accident that results in a fatality or in-patient hospitalization of 3 or more employeesRecordkeeping regulations are contained in 29 CFR Part 1904.Some low-hazard employers (for example, retail trade, finance, insurance, real estate) are not required to keep records.While the 1904 regulation exempts many employers from keeping records at all times, these employers are not exempted from all of the 1904 requirements.Employers that are partially exempt from the recordkeeping requirements because of their size (10 or less employees) or industry must continue to comply with:, Reporting fatalities and multiple hospitalization incident, Annual OSHA injury and illness survey (if specifically requested to do so by OSHA), Bureau of Labor Statistics (BLS) Annual Survey (if specifically requested to do so by BLS)
32 Recordkeeping Forms Maintained on a calendar year basis Summary of records for the previous year must be posted from February through AprilMust be maintained for 5 years at the establishment and be available for inspection by OSHA, National Institute for Occupational Safety and Health (NIOSH), and BLS.Logs must be updated to reflect any changes that occur.Maintain and post the Log in your workplace.Do not send any recordkeeping forms to OSHA or any other agency unless you are asked to do so. When conducting its annual survey, the BLS may send you a form in the mail, which must be completed and returned to them.OSHA Recordkeeping FormsOSHA 300 LogOSHA 300A SummaryOSHA 301 Incident Report
33 Recordkeeping: The 300 Log Each employer shall:Keep a log and summary of all recordable injuries and illnesses (Form 300).Enter each recordable injury and illness on the log and summary no later than 6 working days after receiving information that a recordable injury or illness has occurred.
34 Reporting AccidentsIf there is a death or catastrophe (hospitalization of three or more employees) as the result of a single work-related incident, the employer must call and report the event to OSHA.Calls must be made within 8 hours.Calls can be placed to the National Hotline at OSHA. Know the area’s zip code.
35 Sources of Assistance OSHA web site (www.osha.gov) Consultation assistanceFederal and State area officesSpeakers, publications, a/v aids, technical adviceTraining and educationOSHA Training Institute (OTI) and the OTI Education CentersOSHA Outreach Training ProgramOSHA Office of State ProgramsVoluntary Protection ProgramsOSHA Office of State ProgramsApproves and monitors State job safety and health programs as provided for by Section 18 of the OSH Act.Voluntary Protection ProgramsThe Voluntary Protection Programs (VPP) are designed to recognize and promote effective safety and health management. In the VPP, management, labor, and OSHA establish a cooperative relationship at a workplace that has implemented a strong program.
36 OSHA Web Site (www.osha.gov) About OSHA (events, what’s new . . .)Compliance Assistance (regulations, directives, consultation, eTools, training . . .)Cooperative Programs (VPP, partnerships …)News Room (publications, news releases . . .)Safety / Health Topics (technical links to various topics)Statistics (Inspection data, BLS survey link ...)
37 Where to Get OSHA Standards Federal Register in public libraries or at GPO web siteCD-ROM subscription through U.S. Government Printing Office (GPO)Code of Federal Regulations (CFR) in public libraries and through GPOOSHA web site - OSHA standards, interpretations, directives (www.osha.gov)GPO Information:Phone: (202)Web site:
38 Consultation Assistance Provided at no costDeveloped for smaller employers with more hazardous operationsDelivered by state government agencies or universities employing professional safety and health consultantsNo penalties are proposed or citations issuedPossible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent dangerFor further information:
39 OSHA Emergency Hot-Line 1-800-321-OSHA Report workplace safety or health fatalities or the hospitalization of 3 or more employeesReport a workplace hazardFile a complaint about a workplace hazardRequest information on OSHARequest an OSHA publicationImminent danger is any condition where there is reasonable certainty 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. OSHA gives top priority to imminent danger situations.When a call is made to the hot line number, it is important to give as much information as is known about the emergency, including:Complete description of the hazardName and location of the establishmentDuration of the hazard (Is it still going on? When will it end?)Type of operationContact phone number (company or personal)See Fact Sheet No. OSHA 95-44
40 Summary OSHA helps save lives and prevent injuries OSHA balances a cooperative approach with traditional enforcementOSHA standards are the enforceable requirements for worker safety and healthInspections are OSHA’s way to ensure complianceOSHA offers various means of assistance