OSHE 111 Lecture #6 Federal Agencies, Laws and regulations for Occupational Safety and Health (Based on Chapter 4-5) Presented by Dr. Ephraim Massawe.

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Presentation transcript:

OSHE 111 Lecture #6 Federal Agencies, Laws and regulations for Occupational Safety and Health (Based on Chapter 4-5) Presented by Dr. Ephraim Massawe

Federal Agencies are created by Congress (enabling legislation); and sometimes, the president, in a few circumstances, can do by an executive order Agencies are created to enforce the laws! Agencies: Occupational Safety and Health Administration (OSHA) – Under the department of Labor Administratively OSHA is divided into different regions. Who is the current administrator for OSHA? The U.S. EPA – Environmental Protection Agency – responsible for Environmental Protection: Who is the current administrator for EPA? While EPA is an independent agency i.e. has an administrator who reports directly to the president; OSHA on the other hand is an executive administrative agency Like OSHA, EPA is also divided into regions for administrative purposes. Both EPA and OSHA have the state of Louisiana fall in region V1 of their respective jurisdictions Federal safety and health laws and the agencies that implement the laws

Federal safety and health laws Most of the federal occupational safety and health laws are enacted by Congress (as acts or statutes) Other sources of laws may come from Executive Orders (pg 37) or International Treaties. Those laws that come from the Congress (as the final bills) are finally signed into law by the U.S President At local levels such as municipalities safety related laws are found in the form of ordinances All federal laws are codified (U.S.C) One such law is the Occupational Safety and Administration Act (OSH Act) of 1970 OSHA is a public law # (meaning law # 596 enacted by the 91st Congressional Sitting). This law is also known as the William- Steiger Act; because the two proposed the bill that “gave birth” to the OSH Act

In the course of implementing their mandate (enforcing laws), federal agencies create rules, regulations and standards that are legally binding Since its inception in 1970, the U.S. OSHA (agency) has created many such rules, regulations and standards Federal regulations and standards are organized in 50 volumes. Each federal agency has been assigned one title or volume called Code of Federal Regulations (CFRs) All OSHA regulations and standards are found in the title orvolume 29 CFR Federal safety and health laws & agencies that implement laws

All OSHA general industry regulations and standards are found in the 29 CFR 1910 CFRs are updated once every year (annually) Title 29 CFR is updated July 1 st of each year. Other titles or volumes in other agencies are updated at different times of the year The CFRs is updated from the regulations and standards that were enacted or promulgated during the year. All the regulations and standards created during the year can be found in daily publications of the federal government called “federal register – FR” Federal safety and health laws & agencies that implement laws

“federal register – FR” or daily publication of federal government communicate new, proposed or amendments to the existing regulations and standards There can be as many as thousands of pages of FR per year – this depends on (bullet #1 above – how many new standards were created; how many were proposed; how many were amended and so on! So federal agencies are designed to enforce laws! They fall under the Executive Branch The laws the agencies enforce are created by the Legislative Branch! Federal safety and health laws & the agencies that implement laws

Executive agencies or independent agencies that have one or more safety and health responsibilities include Consumer Product Safety Commission – CPSC (Independent agency) Environmental Protection Agency - EPA (Independent agency) Occupational Safety and Health Administration – OSHA (executive administrative agency reports to the secretary of the DOL*) National Transportation Safety Board (NTSB) - (Executive administrative agency – reports to the secretary of the DOT**) Nuclear Regulatory Commission (NRC) ??? DOL* - Department of Labor DOT** - Department of Transportation

Executive agencies or independent agencies that have one or more safety and health responsibilities include Occupational Safety and Health Review Commission ??? Federal Aviation Authority?? pp41 Mines Safety and Health Administration (MSA) ? pp 41 Bureau of Labor Statistics (BLS) pp41 Centers for Disease Control (at the Department of HHS) - pp41 Food and Drug Administration (at the Department of HHS) - pp41 DOL* - Department of Labor DOT** - Department of Transportation ++SEE MORE ON PAGE 41 Federal safety and health laws & agencies that implement laws

Refer to Table 5-1 for different types of safety & health related laws, regulations and standards which are issued or which are created by the federal or state government Each student is encouraged to examine the laws; regulations and standards and all the agencies as presented in Chapter 4 & 5 and do the following See how one or more of the agencies have affected you personally, your employer or community in particular; and the nation or the world in general. See how the laws, regulations or standards created by Congress or the agencies have affected you and others Federal safety and health laws & agencies that implement laws

Majority of private companies and large corporations have issued rules and regulations about safety and health of their employees, staff and products. These rules are collectively called guidelines In most cases, professional societies and non-for-profit organizations issue voluntary and consensus standards and regulations pertaining to safety and health (e.g. ISO 14000; ISO 9000; ISO etc). Membership to such organizations and associations is voluntary – and compliance to the standards developed or adopted is also voluntary! Federal safety and health laws & agencies that implement laws

Examples of the not-for-profit associations that make guidelines, regulations and standards pertaining to safety and health ANSI – American National Standards Institute formerly American Standard Association ASTM – American Society for Testing and Materials Both ANSI and ASTM publish standards and regulations pertaining to different aspects of safety and health in the workplace Underwriter Laboratory (UL) and Factory Mutual Systems (FMS) Both are used to provide independent testing, certification and other related services Federal safety and health laws & agencies that implement laws

International Laws and treaties as they relate to safety and health REACH: Registration of chemicals in all products entering European Union. Registration, Evaluation, Authorization and Restriction of Chemicals Rotterdam Convention – Transportation or Hazardous Substances Montreal Protocol – Ozone Depleting Substances Kyoto Treaty - Global Warming ISO 9000 – Quality Management Systems (QMS) & ISO Environmental Management System (EMS) & ISO ??____