© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran Chapter 20 Occupational Safety and Health Employment Law: New Challenges in the Business Environment

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-2 Recognize the significance of the Occupational Safety and Health Act. Understand the purpose of the Occupational Safety and Health Administration. Appreciate the function of the Occupational Safety and Health Review Commission. Know that the National Institute of Occupational Safety and Health recommends health and safety measures. Learn that the U.S. Secretary of Labor establishes safety and health standards. Chapter Checklist

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-3 Be cognizant of when emergency standards can be implemented. Define permanent disability. Acknowledge the extent of work-related injuries that occur each year. Discover the major causes of work-related injuries. Realize the meaning of the greater hazard defense. Chapter Checklist

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-4 The Occupational Safety and Health Act of 1970 Legislation passed in 1970 to provide a standard for employers to ensure the health and safety of American workers Workplace free of occupational hazards This Legislation created 3 Administrative agencies to provide oversight and enforce the standards set forth in the Act NIOSH (National Institute of Occupational Safety and Health OSHA (Occupational Safety and Health Administration) OSHRC (Occupational Safety and Health Review Commission

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-5 Secretary of Labor Member of the Cabinet Oversees the Department of Labor Ultimately, the person responsible for carrying out the goals set forth in the OSHAct of to ensure safe work environments Responsible for issuing temporary variances to businesses that do not have the technical know-how or capital to fix an occupational hazard in the prescribed time Responsible for all of the other agencies within the Department of Labor

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-6 Under Budgeted OSHA OSHA Inspectors Millions of Work Sites Would take nearly 100 Years to inspect each site only once with this amount of inspectors An average of 15 employees dies each day in America Resolution! Higher OSHA budget to hire more inspectors Issue more fines at higher rates to keep employers honest

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-7 Permanent Standards OSHA passed set of original standards that are still upheld today The process of instituting new standard: When OSHA wishes to incorporate a new standard it must publish in the Federal Register The public has 30 days to request a hearing for the reasoning behind the change Following the hearing, OSHA has 60 days to publish any changes to the standard, as well as, the date for the standard to be implemented The Secretary of Labor may delay the commencement of a new standard An employer may appeal to the Circuit Court within 60 days In an appeal process, the Secretary of Labor must present evidence that the new standard does in fact mitigate the danger of current occupational hazard The Circuit Court will either rule in favor of or against the new standard If there is no appeal, the new standard will go into effect at the prescribed time as determined by the Secretary of Labor, and employers must be in accordance with the new standard by the prescribed time An employer can request a variance, which can only be granted by the Secretary of Labor

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-8 Inspections OSHA may inspect any business premises and records may be made during normal hours of operation, or at any other time that the agency feels appropriate Employers must have records of employee injury and illnesses Must also document any hazardous materials employees are forced to handle in their work environment Employees must have free and open access to the documents relating to their exposure to the hazardous chemicals Should the exposure exceed the standards set forth by OSHA, the employer must take immediate corrective action If an employee desires to inform the Secretary of Labor of a violation, they may write the Secretary a description of the alleged violation

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran 20-9 Citations and Penalties If an employer has been found in violation, the director of OSHA will hand out a citation to which the employer has 15 days to contest If the employer does not remedy the issue, they are assessed a penalty Penalties range from $5000 to $70000 Individual states are permitted to develop standards that address issues that are not addressed by the DOL Appeals of citations go to the OSHRC (3 commissioners) The commission can render its own decision or defer to an administrative law judge

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran Emergency Standards Standards imposed when an immediate health and safety concern exists for employees Effective for only 6 months The Secretary must explain what the emergency is an follow regular procedures to have the standard become permanent

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran Partial and Permanent Disability Work related injuries are a tremendous issue annually in the United States Partial Disability- Must take time off for the injury, but is able to return to work eventually Permanent Disability- Can never return to work Annual Figures 10,000 people die on the job each year from a variety of work related accidents 2 million workers are currently partially disabled 6 million suffer injuries that they do not report or miss work to remedy

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran Ancillary Expenses When an employee is injured, there are various costs that an employer must take on: Loss of working time for other employees to care for the injured Loss of work time for the injured employee (particularly if they are disabled) The disabled are still entitled to wages they would have earned Loss of productivity for any time taken off Replacement costs (broken machinery, new employee, etc)

© 2011 Pearson Education, Inc. All Rights Reserved Employment Law: New Challenges in the Business Environment, 5e Moran Employer Defenses Employers will most always be held responsible if: The hazard was recognizable or foreseeable It was a known hazard The employer intentionally placed workers within an environment that is likely to cause harm or death to the employee Though there are few, employers DO have some recourse Variances- temporary amnesty from OSHA standards that can only be granted by the Secretary of Labor The Greater Hazard Defense- where the imposition of a safety standard causes greater harm than what it seeks to remedy When compliance requires a certain device that is either not yet available on the market or cannot feasibly be implemented within the prescribed time Ignorance is NOT a defense for employers. Employers are expected to be up to date and informed on all OSHA standards