2Occupational Safety and Health Administration OSHAOccupational Safety and Health AdministrationResponsible for worker safety and health protectionIs there a need for OSHA?Each YearAbout 6,000 deaths from workplace injuriesAn estimated 50,000 deaths from illnesses caused by workplace exposures6 million non-fatal workplace injuriesInjuries alone cost U.S. businesses more than $125 billionOSHA's mission is to send every worker home whole (in one piece) and healthy every day.Source: OSHA Publication 2056, All About OSHAUntil 1970, no uniform and comprehensive provisions existed to protect against workplace safety and health hazards which is why in 1970 OSHA was formed.IS THERE A NEED FOR OSHA? You tell me. (read slide)
3Has OSHA made a difference? YES!Since 1970 OSHA has…Cut the work-related fatality rate in halfReduced overall injury/illness rates in industries where OSHA concentrated its attentionVirtually eliminated brown lung disease in the textile industryReduced trenching and excavation fatalities by 35 percentLooking at those statistics you may say, what has OSHA done? Have they made a difference?The answer is YES!In the last 36 years OSHA has:Since the agency was established, workplace fatalities have been cut by 62 percent.Occupational injury and illness rates have declined 40 percent.At the same time, U.S. employment has nearly doubled from 56 million workers at 3.5 million worksites to 115 million workers at nearly 7 million sites.Today, OSHA is targeting workplaces with the highest injury and illness rates to get the greatest impact.WHAT ARE SOME OF THOSE INDUSTRIES?OSHA is concentrating it’s energy on the AIRLINE Industry due to the amount of OJI’sAirlines have surpassed the Coal mining Industry as a more dangerous place to work.
4What does OSHA do?Encourages employers/employees to reduce workplace hazards and implement new or improve existing safety and health programs. (Raise Awareness)Develops and enforces mandatory job safety and health standards. (Regulations)Maintains a reporting and recordkeeping system to monitor job-related injuries/illnesses. (Track Trends)Provides assistance, training, and other support programs to help employers and workers.Inspections for compliance, investigate complaints.HOW DOES OSHA DO THIS?1. OSAH RAISES AWARENESS ABOUT OTJ INJURIES BY encouraging employers/employees to reduce workplace hazards and implement new, or improve existing, safety and health programs.2. OSHA DEVELOPS AND ENFORCES REGULATIONS or mandatory job safety and health standards.3. OSHA TRACKS TRENDS – How? By requiring employees to maintain a reporting and recordkeeping systems. With those OSHA can monitor job-related injuries/illness4. OSHA provides assistance, training, and other support programs to help employers and workers5. Lastly, OSHA inspects companies and industries for compliance and investigates complaints.
5Who is covered by the OSH Act? All employees and their employers under Federal Government authority.Coverage provided either directly by federal OSHA or through an OSHA-approved state program.Twenty-six states operate state plans.State plans must cover standards and enforcement programs that are “at least as effective as” the federal OSHA program.Does not cover the self-employed or immediate members of farm families that do not employ outside workers.SO, WHO IS COVERED BY THE OCCUPATIONAL SAFETY AND HEALTH ACT?Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site (www.osha.gov).State plans must provide standards and enforcement programs that are “at least as effective as” the federal OSHA program.State plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA.. States with approved plans cover most private sector employees as well as state and local government workers in the state.SOME WORKERS ARE NOT COVERED BY OSHA, SUCH AS (1) THE SELF-EMPLOYED (2) IMMEDIATE MEMEBERS OF FARM FAMILIES THAT DO NOT EMPLOY OUTSIDE and (3) Employees whose working conditions are regulated by other federal agencies, such as (a) mine workers, (b) certain truckers and ( c) rail workers, (D)atomic energy workers(e) Public employees in state and local governments (except for states with approved plans). Such as fire fighters, police, and other public servants.INTRODUCE NOVA TO CONTINUE WITH OSHA STANDARDS
6OSHA standardsOSHA is responsible for writing and enforcing standards that employers must follow.Where OSHA has not issued specific 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."
7Determine which OSHA standards apply to your workplace. RequirementsDetermine which OSHA standards apply to your workplace.Follow the OSHA standards and requirements.OSHA standards cover:- General Industry- Construction- Maritime- Some agricultural activities
8Requirements for Staffing Companies Multi-employer Workplace PolicyShared ComplianceAs the employer of record, the staffing firm will carry the responsibility to either enforce compliance or take reasonable steps to assure that the host employer has done so.
9Recordkeeping & reporting Employers of 11 or more employees must maintain records of occupational injuries and illnesses.All employers must report to OSHA within 8 hours any accident that results in a fatality or in-patient hospitalization of 3 or more employees.Maintained on a calendar year basis.Summary of records for the previous year must be posted from February - April.Recordkeeping 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)Must be maintained for 5 years at the establishment and be available to 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
10Workers’ responsibilities Read the OSHA posterFollow the employer’s safety and health rules and wear/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 inspectors
11Workers’ rightsWorkers 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 website.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)
12Employers’ rights & 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.
13Workplace 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.
14Fatality or catastrophe investigation Employee complaint Inspection triggersImminent DangerFatality or catastrophe investigationEmployee complaintProgrammed high hazard inspectionFollow up on previous inspection
15CSHO displays official credentials Opening conference Inspection processCSHO displays official credentialsOpening conferenceWalk-around inspectionClosing conference
16Inspection of a client facility… Why would OSHA come?Employee ComplaintInspection of a client facility…Serious injuryFatal injuryProgram inspectionTargeted inspectionIt should not happen frequently.That’s why most people don’t know what to do when it happens!
17What are they looking for? Physical workplace hazardsMachinesSlips/FallsElectricalHealth/SanitationRecordkeepingInjury logsTraining recordsPPE assessmentsMedical monitoring
18What should I do when they inspect? Ask for identification.Invite them to your office or conference room to begin the opening conference.COOPERATE – fix things as they are found (to the extent possible).Provide copies of documents, not originals.Make a copy for yourself and save an “inspection file.”Call for help, if needed.
19Basic conversation rules Answer all questions, but don’t volunteer information.Avoid giving opinions or speculating—stick to the facts.Feel free to ask your own questions.Make good use of the opportunity to tap into the inspector’s knowledge (after all, you paid for her/his training!).
20It may be several months before the inspection is completely closed. TimeframeIt probably won’t be over that day—especially if the inspector finds violations.A closing conference will be held later to discuss findings and assessments (if any).It may be several months before the inspection is completely closed.
22Be confident, knowing you are prepared. When OSHA callsBe confident, knowing you are prepared.Verify the inspector’s credentials.Cooperate with the inspector, keeping good notes and a duplicate copy of all materials that s/he requests.Ask you own questions.Ask for help from internal and external sources (corporate office, attorney, RCS).
23OSHA may or may not issue citations. Post inspectionOSHA 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.
24OSHA helps save lives and prevent injuries. SummaryOSHA 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.