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All About TOSHA Basic Information About Tennessee OSHA.

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Presentation on theme: "All About TOSHA Basic Information About Tennessee OSHA."— Presentation transcript:

1 All About TOSHA Basic Information About Tennessee OSHA

2 TOSHA believes the information in this presentation to be accurate and delivers this presentation as a community service. As such, it is an academic presentation which cannot apply to every specific fact or situation; nor is it a substitute for any provisions of 29 CFR Part 1910 and/or Part 1926 of the Occupational Safety and Health Standards as adopted by the Tennessee Department of Labor and Workforce Development or of the Occupational Safety and Health Rules of the Tennessee Department of Labor and Workforce Development.


4 TOSHA History zCongress Passed OSH Act in 1970 zOSHA was created within the Department of Labor zAllowed states to run their own OSHA programs zTennessee assumed OSH responsibility in 1972 zPublic Sector program established in 1974 zFinal Tennessee state plan approved by Federal OSHA in 1985

5 President Nixon Signs the Occupational Safety and Health Act Into Law

6 State Plan States AlaskaArizonaCalifornia Connecticut HawaiiIndianaIowaKentucky Maryland MichiganMinnesotaNevada New JerseyNew Mexico New YorkN. Carolina OregonPuerto RicoS. Carolina Tennessee UtahVermont Virgin Isl. Virginia WashingtonWyoming Connecticut, New Jersey, and New York are public sector only

7 TOSHA Offices

8 Scope zTOSHA standards and regulations apply to all places of employment where employees are exposed to a hazard

9 Employers Rights And Duties 1.The employer shall furnish a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees (T.C.A ) 2. Shall comply with the OSHA standards 3. Shall not restrict an inspection 4. May participate in standards development 5. Are entitled to review citations issued 6. May seek a variance to a standard 7. Are entitled to protection of trade secrets

10 Employees Rights And Duties 1. Must comply with TOSHA standards/regulations 2. Can request an inspection 3. Be afforded appropriate protective measures(labels, control techniques, personal protective equipment, monitoring)to control exposures to biological or physical agents 4. Shall not be discharged or discriminated against for filing complaints with TOSHA 5. Has 20 days to object to a citation or to the result of an investigation 6. Has the right to refuse medical treatment on religious grounds

11 Standards TitlePart 29 CFR1910General Industry* 29 CFR1926Construction* 29CFR 1928Agriculture* 29 CFR1915Shipyard Employment 29 CFR1917Marine Terminals 29 CFR1918Longshoring *Enforced by TOSHA Enforced by Federal OSHA

12 Differences Between TOSHA and OSHA zMost TOSHA standards and regulations are the same as Federal OSHAs (Section 29 Code of Federal Regulations, Part 1910) zHowever, these parts of 29 CFR 1910 were not adopted by Tennessee y y y y y y

13 Differences Between TOSHA and OSHA zTOSHA enforces the Tennessee Hazardous Chemical Right-to-Know Law containing requirements in addition to those in Hazard Communication, 29 CFR yAnnual training on hazardous chemicals yMaintenance of training records yLabeling for non-containerized chemicals ySubmission of chemical list to TOSHA upon request

14 Differences Between TOSHA and OSHA zTennessees Sharps Injury Prevention Law requires all users of needles to keep a Sharps Injury Log listing the type and brand of device in use when each sharps injury occurred zTOSHA enforces the Z-1-A tables of Permissible Exposure Limits on hazardous chemicals

15 Differences Between TOSHA and OSHA zTOSHA allows 20 calendar days after receipt of citations to hold an informal conference and/or notify TOSHA of the contestment of citations

16 General Duty Clause Each employer shall furnish to each of his (or her) employees conditions of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to his (or her) employees.

17 General Duty Clause For the general duty clause to be used by TOSHA to cite a violation, there must be: 1) An exposed employee 2) A recognized hazard 3) The likelihood of death or serious physical harm 4) A feasible & useful method of abatement

18 Inspections zAll inspections are unannounced zScheduling Priority yImminent Danger yFatalities/Catastrophes yComplaints/Referrals yProgrammed Inspection ySpecial Emphasis Programs/ Targeting Initiatives

19 Special Inspections zSpecial Emphasis Programs yFall Protection yTrenching and Excavation yOccupational Noise yCarbon Monoxide yAmputations zTargeting Initiatives yMetal Working Industries yConstruction ySharps Injury Prevention in Hospitals and Ambulatory Surgical Treatment Centers

20 Inspections zCompliance officer shows credentials zOpening conference is held yEmployer representative participates yEmployee representative participates zWalkaround is conducted zClosing conference is held zReturn for air or noise sampling may be necessary zDuration may be 1 day-6 months

21 Citations zIssued for all apparent violations of TOSHA standards and regulations zIssued for first incidence of violations zOften are accompanied by monetary penalties zIssued within 6 months (usually less) of the violation zArrive by certified mail (return receipt)

22 TOSHAs Penalty Structure

23 Penalty Adjustment Factors zThese adjustments are made before the citation is issued ySize --maximum 50% reduction (25 or fewer employees) yGood faith --maximum 50% reduction (effective safety and health efforts prior to the inspection) yHistory --maximum 10% reduction (lack of history of previous violations) zMaximum reduction attainable is 90%

24 AppealLevel 1 zInformal conference yInformal meeting with the Administrator of TOSHA (or representative) to discuss inspection findings and /or monetary penalties yMust be requested and held with 20 days of receipt of citation(s)

25 Appeal--Level 2 zCitations and penalties may be contested zWritten Notification of Contestment must be received in the Nashville Office within 20 days of receipt of the citation(s) zContestments are set for a hearing before the Tennessee Occupational Safety and Health Review Commission

26 Further Appeals zChancery Court-Davidson County zState Court of Appeals zState Supreme Court

27 Required Postings zIts The Law Poster zCitations zNotice of Informal Conference zOSHA 300A Form

28 Recognition Programs zVolunteer STAR Award zSHARP Award zGovernors Award zCommissioners Award

29 Volunteer STAR zThe Voluntary Protection Program (VPP) yAlso known as the Volunteer STAR award yDesigned to recognize and promote effective safety and health management zCooperative relationship between management, labor, and TOSHA zFor companies with a strong safety and health program

30 Volunteer STAR Criteria zManagement Leadership And Employee Involvement zWorksite Analysis zHazard Prevention And Control zSafety And Health Training

31 SHARP zS - Safety zH - Health zA - Achievement zR - Recognition zP - Program

32 SHARP zOpen to smaller companies with limited resources zMust make a commitment to significant safety and health improvement in the workplace

33 Governors/Commissioners Award of Excellence zOpen to manufacturing and construction firms zCommissioners Award yNo lost time injuries or illnesses* zGovernors Award yNo lost time or restricted/transferred duty injuries or illnesses* *Based on worker-hours worked

34 Need Help? zCall TOSHA Consultative Services for on- site compliance assistance zWho qualifies? Facilities with : yLess than 500 employees corporate- wide and yLess than 250 employees at the facility

35 Consultative Services zNo Cost zNo Citations zNo Penalties zEmployer Must Agree To Correct Hazards zCall

36 Call TOSHA zMemphis Office zJackson Office zNashville Office zKnoxville Office zKingsport Office zChattanooga zConsultative Services

37 Web Resources zFederal OSHA x zTOSHA zCenters for Disease Control zNational Institute of Occupational Safety and Health

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