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Introduction to OSHA Occupational Safety and Health Administration Keeping Safe in the Workplace.

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Presentation on theme: "Introduction to OSHA Occupational Safety and Health Administration Keeping Safe in the Workplace."— Presentation transcript:

1 Introduction to OSHA Occupational Safety and Health Administration Keeping Safe in the Workplace

2 Section I Introduction 2

3 OSHA In 1970, Congress considered: Job-related accidents more than 14,000 worker deaths Job-related accidents more than 14,000 worker deaths 2 ½ million workers disabled 2 ½ million workers disabled 10 times as many person-days lost from job-related disabilities as from strikes 10 times as many person-days lost from job-related disabilities as from strikes 300,000 new cases of occupational diseases 300,000 new cases of occupational diseases 3

4 OSHA Major losses Major losses Production and wages Production and wages Medical expenses Medical expenses Disability compensation Disability compensation Human cost Human cost Congress passed the Occupational Safety and Health Act (OSH Act) of 1970 Congress passed the Occupational Safety and Health Act (OSH Act) of

5 Section II OSHA 5

6 OSHAs mission Encourage employers and employees to reduce workplace hazards and to implement new, or improve existing, safety and health programs Encourage employers and employees to reduce workplace hazards and to implement new, or improve existing, safety and health programs 6

7 OSHAs mission Provide research to develop ways of dealing with occupational safety and health problems 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 Establish separate, but dependent responsibilities and rights for employers and employees to achieve better safety and health conditions 7

8 OSHAs mission Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses 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 Establish training programs to increase the number and competence of occupational safety and health personnel 8

9 OSHAs mission Develop mandatory job safety and health standards and enforce them effectively 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 Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 9

10 OSHAs mission OSHA guarantees employers and employees the right to be fully informed, to participate actively and to appeal actions. 10

11 Section III OSH Act 11

12 OSH Act 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 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 12

13 OSH Act Not covered Not covered self-employed persons self-employed persons farms at which only immediate members of the farm employers family are employed farms at which only immediate members of the farm employers family are employed workplaces already protected by other federal agencies under other federal statutes workplaces already protected by other federal agencies under other federal statutes 13

14 OSH Act OSHA standards apply even if other federal agency is authorized to regulate 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 States encouraged to develop and operate, under OSHA guidance, state job safety and health plans 14

15 OSH Act OSHA publicizes legally enforceable standards OSHA publicizes legally enforceable standards Standards may require practices, means, methods or processes necessary and appropriate to protect workers on the job 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 is used more in penalty enforcement 15

16 General Duty Clause Employers: Employers: furnish employees employment and place of employment free from recognized hazards that cause or are likely to cause death or serious harm to employees 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) Protect employees even if no OSHA standard applies to situation or if hazards exists after compliance (e.g., ergonomics) Take additional steps toward safety Take additional steps toward safety 16

17 General Duty Clause General Duty Clause General Duty Clause Extends OSHAs authority beyond specific OSHA standards Extends OSHAs authority beyond specific OSHA standards Used when there is no specific standard that applies to recognized hazard 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 Used when standard exists, but hazards warrant additional precautions beyond what safety standards require 17

18 General Duty Clause Employers make good faith efforts to correct existing workplace hazards and identify new hazards Employers make good faith efforts to correct existing workplace hazards and identify new hazards Review accident and injury records to identify patterns Review accident and injury records to identify patterns Investigate all accidents and injuries in workplace Investigate all accidents and injuries in workplace Conduct job hazard analyses Conduct job hazard analyses 18

19 General Duty Clause Supervisors and managers can: Supervisors and managers can: Document training efforts and conduct retraining Document training efforts and conduct retraining Establish employee safety committee Establish employee safety committee Assess whether process is still unsafe Assess whether process is still unsafe 19

20 Section IV Inspections 20

21 Workplace inspections Knowledgeable and experienced compliance officers – trained in OSHA standards Knowledgeable and experienced compliance officers – trained in OSHA standards No notice No notice Alerting employer can bring fines and/or jail Alerting employer can bring fines and/or jail 21

22 Workplace inspections Special circumstances – notice of less than 24 hours Special circumstances – notice of less than 24 hours Imminent danger situations Imminent danger situations Inspections that must take place after regular hours or require special preparation Inspections that must take place after regular hours or require special preparation Notice is required to assure that employer and employee rep are present Notice is required to assure that employer and employee rep are present 22

23 Workplace inspections Special circumstances Special circumstances Inspection must be delayed for more than 5 days with good cause Inspection must be delayed for more than 5 days with good cause OSHA area director determines notice would produce more thorough inspection OSHA area director determines notice would produce more thorough inspection 23

24 Worksite inspections Inform employee representative Inform employee representative Employer must admit compliance officer Employer must admit compliance officer Employer may not interfere with inspection Employer may not interfere with inspection OSHA may not conduct warrantless inspections without consent OSHA may not conduct warrantless inspections without consent 24

25 Inspection priorities 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 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 25

26 Inspection priorities Catastrophes and fatal accidents – fatalities and accidents resulting in hospitalization of three or more employees Catastrophes and fatal accidents – fatalities and accidents resulting in hospitalization of three or more employees Must be reported within 8 hours Must be reported within 8 hours 26

27 Inspection priorities Employee complaints – alleged violations of standards or unsafe or unhealthful working conditions Employee complaints – alleged violations of standards or unsafe or unhealthful working conditions Employee feels imminent danger Employee feels imminent danger Employee feels there is a violation of standard that threatens physical harm Employee feels there is a violation of standard that threatens physical harm 27

28 Inspection priorities Employee complaints Employee complaints OSHA will maintain confidentiality OSHA will maintain confidentiality OSHA will inform employee of action taken OSHA will inform employee of action taken OSH will hold informal review of decision not to inspect OSH will hold informal review of decision not to inspect 28

29 Inspection priorities Programmed inspections – inspections aimed at high hazard industries, occupations or health substances Programmed inspections – inspections aimed at high hazard industries, occupations or health substances Follow-up inspections – determine if previously cited violations have been corrected Follow-up inspections – determine if previously cited violations have been corrected 29

30 Inspection priorities Records review – examination of employers injury and illness records (OSHA 300 form) to determine whether to conduct workplace inspection Records review – examination of employers injury and illness records (OSHA 300 form) to determine whether to conduct workplace inspection 30

31 Inspections Inspectors credentials Inspectors credentials Employer should request to see credentials Employer should request to see credentials Credential has photo and serial number Credential has photo and serial number Compliance officers may not collect penalty at time of inspection Compliance officers may not collect penalty at time of inspection Compliance officer may not promote sale of product or service Compliance officer may not promote sale of product or service 31

32 Inspections Opening conference Opening conference Compliance officer explains how company selected and if it will be subject to safety inspection Compliance officer explains how company selected and if it will be subject to safety inspection Compliance officer explains purpose, scope and standards that apply 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 Employer asked to select employee representative. If no employee rep, compliance officer must consult with other employees 32

33 Inspections Inspection process Inspection process Compliance officer and reps inspect for safety or health hazards Compliance officer and reps inspect for safety or health hazards Officer determines route and duration of inspection Officer determines route and duration of inspection Officer may consult with employees, take photos, instrument readings, examine records, measure noise levels, etc. Officer may consult with employees, take photos, instrument readings, examine records, measure noise levels, etc. 33

34 Inspections Inspection process Inspection process Compliance officer inspects records of deaths, injuries and illnesses (OSHA form 300-A) Compliance officer inspects records of deaths, injuries and illnesses (OSHA form 300-A) Officer will explain requirements of Hazard Communication Standard Officer will explain requirements of Hazard Communication Standard Officer will point out unsafe or unhealthful working conditions. Will discuss possible corrective action Officer will point out unsafe or unhealthful working conditions. Will discuss possible corrective action 34

35 Inspections Closing conference Closing conference Includes compliance officer, employer and employee rep Includes compliance officer, employer and employee rep Employer receives rights and responsibility booklet Employer receives rights and responsibility booklet Officer discusses unsafe or unhealthful conditions and will note violations for which citation may be issued Officer discusses unsafe or unhealthful conditions and will note violations for which citation may be issued Officer will not indicate any specific penalties Officer will not indicate any specific penalties 35

36 Section V Citations and Penalties 36

37 Citations Inform employers and employees of the regulations and standards alleged to have been violated and length of time set for abatement 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 Employer must post a copy 37

38 Citations Appeals by employees may be made on: Appeals by employees may be made on: decision not to issue a citation decision not to issue a citation time allowed for abatement of a hazardous condition time allowed for abatement of a hazardous condition Employees may not contest a citation, but may submit a written objection Employees may not contest a citation, but may submit a written objection Employees may request informal conference with OSHA Employees may request informal conference with OSHA 38

39 Citations Employers may request informal meeting with OSHA area director Employers may request informal meeting with OSHA area director Area director may propose settlement agreement Area director may propose settlement agreement 39

40 Penalties Categories of Violations Categories of Violations serious serious other-than-serious other-than-serious willful willful repeat repeat failure to abate failure to abate 40

41 Penalties Severity of violation and probability of injury or illness will determine base penalty. Severity of violation and probability of injury or illness will determine base penalty. Penalty amounts are proposed Penalty amounts are proposed Employers may contest penalty Employers may contest penalty 41

42 Penalties Additional violations for which citations and penalties may be issued Additional violations for which citations and penalties may be issued falsifying records falsifying records assaulting a compliance officer assaulting a compliance officer 42

43 Contesting a citation Informal conference request Informal conference request obtain a better explanation of the violations obtain a better explanation of the violations obtain a more complete understanding of the specific standards that apply obtain a more complete understanding of the specific standards that apply negotiate and enter into an informal Settlement Agreement negotiate and enter into an informal Settlement Agreement 43

44 Contesting a citation Informal conference Informal conference Discuss ways to correct the violations Discuss ways to correct the violations Discuss problems with the abatement dates Discuss problems with the abatement dates Discuss problems concerning employee safety practices Discuss problems concerning employee safety practices Resolve disputed citations and penalties Resolve disputed citations and penalties 44

45 Contesting a citation Notice of contest submitted with 15 working days of receipt Notice of contest submitted with 15 working days of receipt Notice of Contest must state: Notice of Contest must state: what is being contested what is being contested which violations on the citation are being contested which violations on the citation are being contested 45

46 Section VI Employer Responsibilities & Rights 46

47 Employer responsibilities 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 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 47

48 Employer responsibilities Be familiar with mandatory OSHA standards and make copies available to employees Be familiar with mandatory OSHA standards and make copies available to employees Inform all employees about OSHA Inform all employees about OSHA Examine workplace conditions to make sure they conform to applicable standards Examine workplace conditions to make sure they conform to applicable standards Minimize or reduce hazards Minimize or reduce hazards 48

49 Employer responsibilities Make sure employees have and use safe tools and equipment and that equipment is properly maintained 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 Use color codes, posters, labels or signs when needed to warn employees of potential hazards 49

50 Employer responsibilities Establish or update operating procedures and communicate them so that employees follow safety and health requirements Establish or update operating procedures and communicate them so that employees follow safety and health requirements Provide training required by OSHA standards Provide training required by OSHA standards Provide medical examinations when required by OSHA standards Provide medical examinations when required by OSHA standards 50

51 Employer responsibilities Report to the nearest OSHA office within 8 hours any fatal accident or one which results in the hospitalization of three or more employees 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 Keep OSHA-required records of work-related injuries and illnesses, and post the OSHA 300A form from February 1 through April 30 each year 51

52 Employer responsibilities Post, at a prominent location within the workplace, the OSHA poster (OSHA 2203) informing employees of their rights and responsibilities 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 Provide employees, former employees and reps access to injury and illness recordkeeping forms at reasonable time and in a reasonable manner 52

53 Employer responsibilities Provide access to employee medical records and exposure records to employees Provide access to employee medical records and exposure records to employees Dont discriminate against employees who properly exercise their rights under the Act Dont discriminate against employees who properly exercise their rights under the Act Cooperate with OSHA compliance officer by furnishing names of authorized employee reps Cooperate with OSHA compliance officer by furnishing names of authorized employee reps 53

54 Employer responsibilities 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 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 Abate cited violations within the prescribed period 54

55 Employer rights Seek advice and off-site consultation as needed by writing, calling or visiting the nearest OSHA Office 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 Be active in industry associations involved in job safety and health 55

56 Employer rights Request and receive proper identification from the OSHA compliance officer prior to inspection 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 Be advised by the compliance officer of the reason for an inspection Have an opening and closing conference with the compliance officer Have an opening and closing conference with the compliance officer 56

57 Employer rights Accompany the compliance officer on the inspection 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 File a Notice of Contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty 57

58 Employer rights 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 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 58

59 Employer rights 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 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 59

60 Employer rights 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 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 60

61 Employer rights Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection 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 Submit a written request to NIOSH for information on whether any substance in the workplace has potentially toxic effects in the concentrations being used 61

62 Section VII Employee Responsibilities and Rights 62

63 Employee responsibilities Read the OSHA poster at the jobsite Read the OSHA poster at the jobsite Comply with all applicable OSHA standards Comply with all applicable OSHA standards Follow all employer safety and health rules and regulations, and wear or use protective equipment Follow all employer safety and health rules and regulations, and wear or use protective equipment 63

64 Employee responsibilities Report any job-related injury or illness to the employer, and seek treatment promptly 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 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 Exercise your rights under the Act in a responsible manner 64

65 Employee rights Right to seek safety and health on the job without fear of punishment Right to seek safety and health on the job without fear of punishment Employers may not punish workers for: Employers may not punish workers for: complaining to an employer, union, OSHA, or any other government agency about job safety and health complaining to an employer, union, OSHA, or any other government agency about job safety and health filing safety or health grievances filing safety or health grievances 65

66 Employee rights Employers may not punish workers for: Employers may not punish workers for: participating on a workplace safety and health committee or in union activities concerning job safety and health 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 OSHA- related activities participating in OSHA inspections, conferences, hearings or other OSHA- related activities 66

67 Employee rights Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace 67

68 Employee rights 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 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 68

69 Employee rights Receive adequate training and information on workplace safety and health hazards 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 Request the OSHA area director to conduct an inspection if employee believes hazardous conditions or violations of standards exist in the workplace 69

70 Employee rights Have name withheld from employer, upon request to OSHA, if a written and signed complaint is filed 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 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 70

71 Employee rights Have the authorized employee representative accompany the OSHA compliance officer during the inspection tour 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 Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer 71

72 Employee rights Observe any monitoring or measuring of hazardous materials and have the right to see these records 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 Request a closing discussion with the compliance officer following an inspection 72

73 Employee rights 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 employees name withheld from the employer, if requested 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 employees name withheld from the employer, if requested 73

74 Employee rights 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 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 74

75 Employee rights 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 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 Submit information or comment to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing 75

76 Section VIII Summary 76

77 Summary of main points OSHA OSHA OSH Act OSH Act Employer Responsibilities and Rights Employer Responsibilities and Rights Employee Responsibilities and Rights Employee Responsibilities and Rights 77

78 Questions? 78


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