YouthBuild Kick-off Conference January 30, 2008 Introduction to OSHA This presentation is designed to assist trainers conducting OSHA 10-hour Construction Industry outreach training for workers. Since workers are the target audience, this presentation emphasizes hazard identification, avoidance, and control – not standards. No attempt has been made to treat the topic exhaustively. It is essential that trainers tailor their presentations to the needs and understanding of their audience. This presentation is not a substitute for any of the provisions of the Occupational Safety and Health Act of 1970 or for any standards issued by the U.S. Department of Labor. Mention of trade names, commercial products, or organizations does not imply endorsement by the U.S. Department of Labor. YouthBuild Kick-off Conference January 30, 2008

“The Important Stuff” Schedule Restrooms Emergency exits and mustering point Cell phones

What is OSHA? Occupational Safety and Health Administration Responsible for worker safety and health protection

Is there a need for OSHA? Each year... Nearly 6,000 workplace fatalities 50,000 deaths from workplace-related illnesses 5.7 million non-fatal workplace injuries Injuries alone cost U.S. businesses over $125 billion Source: OSHA Publication 2056, All About OSHA Source - OSHA Publication 2056

Has OSHA Made a Difference? YES! Since 1970 OSHA has: Helped cut the work-related fatality rate in half Worked with employers and employees to reduce workplace injuries and illnesses by 40% Virtually eliminated brown lung disease in the textile industry, and Reduced trenching and excavation fatalities by 35%

What does OSHA do? Encourages employers and employees to reduce workplace hazards and implement new or improve existing safety and health programs Develops and enforces mandatory job safety and health standards Maintains a reporting and recordkeeping system to monitor job-related injuries and illnesses Provides assistance, training and other support programs to help employers and workers

Who is covered by the OSH Act? Most private sector employees Coverage is provided directly by federal OSHA or through an OSHA-approved state program Does not cover the self-employed or immediate members of farm families that do not employ outside workers State plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are “at least as effective as” the federal OSHA program. States with approved plans cover most private sector employees as well as state and local government workers in the state. Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site (www.osha.gov). Also not covered by OSHA: - Employees whose working conditions are regulated by other federal agencies. These include mine workers, certain truckers and rail workers, and atomic energy workers - Public employees in state and local governments (except for states with approved plans) These include fire fighters, police, and other public servants.

OSHA Standards OSHA develops and enforces standards that employers must follow. Where OSHA does not have 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."

What does OSHA Require? Determine which standards apply to your workplace Follow the OSHA standards and requirements OSHA standards cover: - General Industry - Construction - Maritime - Some agricultural activities

What are workers’ responsibilities? Read the OSHA poster Follow the employer’s safety and health rules and wear or use all required gear and equipment Follow safe work practices for your job, as directed by your employer Report hazardous conditions to a supervisor or safety committee Report hazardous conditions to OSHA, if employers do not fix them Cooperate with OSHA inspectors OSHA Worker's web page: www.osha.gov/as/opa/worker/index.html (see OSHA Workers' web page for more information)

What are workers’ rights? Identify and correct problems in their workplaces, working with their employers whenever possible Complain to OSHA about workplace conditions threatening their health or safety in person, by telephone, by fax, by mail or electronically through OSHA’s web site 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 Workers' web page for more information)

OSHA Workers' Page www.osha.gov/as/opa/worker/index.html OSHA’s Workers’ web page: www.osha.gov/as/opa/worker/index.html Includes: - How to file a complaint - Rights and responsibilities - OSHA resources www.osha.gov/as/opa/worker/index.html

What are employers’ 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 must provide training, medical examinations and recordkeeping OSHA maintains confidentiality of employers’ trade secrets. Both employers and employees may submit information or comments to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing For more information, consult OSHA publications -- No. 2056, All About OSHA and -- No. 3000, Employers Rights and Responsibilities Following An OSHA Inspection.

Competent Person in Construction A person who; Knows the right standard, Can identify hazards in the operation, and Is designated by the employer, and has the authority to take appropriate actions. "Competent Person" is found in many standards. Some standards set specific requirements for the "competent person." See: www.osha-slc.gov/SLTC/competentperson/index.html The term "Competent Person" is used in many OSHA standards and documents. As a general rule, the term is not specifically defined. In a broad sense, an OSHA competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions (see 1926.32). Some standards add additional specific requirements which must be met by the competent person.

Workplace Inspections Establishments covered by the OSH Act are subject to inspection by OSHA compliance safety and health officers (CSHO's) Most inspections are conducted without advance notice Inspection Priorities: - Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures) - Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees) - Employee Complaints/Referrals - Programmed High-Hazard Inspections - Follow-ups to previous inspections

What Types of Hazards are Addressed in Standards? Electrical Cranes Falls Excavation Scaffolding Machines Stairways & Ladders Chemical

The OSH Act of 1970 Section 5(b) - Follow the written rules. Section 5(a)(1) - “General Duty Clause.” Fix what you can know is broken. Each employer shall furnish a place of employment which is free of serious, recognizable hazards to the health and safety of their employees.

Inspection Types I Programmed Inspections (industry problem) Random selection by computer report Special emphasis programs based on kinds of hazards in a line of work Comprehensive with chance of “Focus”

Inspection Types II Unprogrammed inspections (site problem) Accidents: fatalities or catastrophes (3 or more people admitted to the hospital) Complaints: signed by current employee or “phone & fax” ignored by the employer Referral: notice of a hazard by a credible safety professional or confirmed report from the media or by another government agency

Inspections Compliance Safety and Health Officers (CSHOs) work for the Secretary of Labor to: enter without delay and at reasonable times any work place; inspect and investigate during regular working hours and at other reasonable times, and to perform their work within reasonable limits and in a reasonable manner.

Employer may Qualify for "Focused Inspection" Has to meet certain conditions Inspector will "focus" on these four hazard areas: Falls Struck by Caught in/between Electrical See: www.osha-slc.gov/SLTC/construction_ecat/index.html Effective October 1, 1994, all construction inspections shall have opening conferences consistent with current agency procedures, and then shall proceed as follows: During all inspections, CSHO's shall determine whether or not there is project coordination by the general contractor, prime contractor, or other such entity that includes: an adequate safety and health program/plan that meets the guidelines set forth below, and a designated competent person responsible for and capable of implementing the program/plan. If the above general contractor, prime contractor, or other such entity meets both of these criteria, then a focused inspection shall be made. When either of these criteria is not met, then the inspection shall proceed in accordance with previously established procedures for comprehensive inspections as stated in CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM), chapter II section A.1.b. The leading hazards are: falls, (e.g., floors, platforms, roofs) struck by, (e.g., falling objects, vehicles) caught in/between (e.g., cave-ins, unguarded machinery, equipment) electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring)

Inspection Process CSHO displays official credentials Opening conference Walk-around inspection Closing conference

Inside an Inspection: The Opening At the Opening Conference, CSHOs: Present their credentials to the highest ranking management official - and everyone else smart enough to ask. Explain the general “Nature and Scope” of the inspection - why they’re there and where they intend to look.

More on the Opening Conference Subcontractors should be invited to the opening conference if the inspection will include their work areas. Employees who are members of a union must be allowed to have a representative present during the opening conference.

Inside the Inspection: The Walk-Around The physical inspection of the workplace is called the Walk-around. Employers should always have a representative walk with the CSHO. Authorized reps for employees also have the right to be on the walk-around. The CSHO decides how to do the walk.

More on the Walk- Around CSHOs have the authority to: Take photographs and site samples related to the purpose of the inspection. Privately interview any employee. CSHOs have a duty to: Be fair, thorough and reasonable in the time and manner of inspection. To not create hazards or labor problems.

Inside an Inspection: More Info Records Review Injury and illness records Safety plans Contracts Training records Research Manufacturer’s info Industry practices OSHA policy Reviewing other contractor’s programs

Inside an Inspection:Closing Conference A Closing Conference is held at the end of an inspection for all representatives. If more research is needed, a Preliminary Closing is still given to list concerns so employers can fix any problems right away. Closings are a chance to ask questions or to speak up if folks think the CSHO misunderstood the situation.

What Happens After an OSHA Inspection? OSHA 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 - After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed. - Citations and notices of proposed penalties are sent to employers by certified mail.

Citations Other than serious Serious Repeat Willful Egregious

Recordkeeping and Reporting Employers of 11 or more employees must maintain records of occupational injuries and illnesses All employers must display the OSHA poster, and report to OSHA within 8 hours any accident that results in a fatality or in-patient hospitalization of 3 or more employees 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: 1904.39, Reporting fatalities and multiple hospitalization incident 1904.41, Annual OSHA injury and illness survey (if specifically requested to do so by OSHA) 1904.42, Bureau of Labor Statistics (BLS) Annual Survey (if specifically requested to do so by BLS)

Recordkeeping Forms Maintained on a calendar year basis Summary of records for the previous year must be posted from February through April Must be maintained for 5 years at the establishment and be available for inspection by 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 Forms OSHA 300 Log OSHA 300A Summary OSHA 301 Incident Report

Recordkeeping: The 300 Log Each employer shall: Keep a log and summary of all recordable injuries and illnesses (Form 300). Enter each recordable injury and illness on the log and summary no later than 6 working days after receiving information that a recordable injury or illness has occurred.

Reporting Accidents If there is a death or catastrophe (hospitalization of three or more employees) as the result of a single work-related incident, the employer must call and report the event to OSHA. Calls must be made within 8 hours. Calls can be placed to the National Hotline at 1-800-321-OSHA. Know the area’s zip code.

Sources of Assistance OSHA web site (www.osha.gov) Consultation assistance Federal and State area offices Speakers, publications, a/v aids, technical advice Training and education OSHA Training Institute (OTI) and the OTI Education Centers OSHA Outreach Training Program OSHA Office of State Programs Voluntary Protection Programs OSHA Office of State Programs Approves and monitors State job safety and health programs as provided for by Section 18 of the OSH Act. Voluntary Protection Programs The Voluntary Protection Programs (VPP) are designed to recognize and promote effective safety and health management. In the VPP, management, labor, and OSHA establish a cooperative relationship at a workplace that has implemented a strong program.

OSHA Web Site (www.osha.gov) About OSHA (events, what’s new . . .) Compliance Assistance (regulations, directives, consultation, eTools, training . . .) Cooperative Programs (VPP, partnerships …) News Room (publications, news releases . . .) Safety / Health Topics (technical links to various topics) Statistics (Inspection data, BLS survey link ...)

Where to Get OSHA Standards Federal Register in public libraries or at GPO web site CD-ROM subscription through U.S. Government Printing Office (GPO) Code of Federal Regulations (CFR) in public libraries and through GPO OSHA web site - OSHA standards, interpretations, directives (www.osha.gov) GPO Information: Phone: (202) 512-1800 Web site: www.osha.gov/oshpubs/gpopubs.html

Consultation Assistance Provided at no cost Developed for smaller employers with more hazardous operations Delivered by state government agencies or universities employing professional safety and health consultants No penalties are proposed or citations issued Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger For further information: www.osha-slc.gov/html/consultation.html

OSHA Emergency Hot-Line 1-800-321-OSHA Report workplace safety or health fatalities or the hospitalization of 3 or more employees Report a workplace hazard File a complaint about a workplace hazard Request information on OSHA Request an OSHA publication Imminent danger is any condition where there is reasonable certainty a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. OSHA gives top priority to imminent danger situations. When a call is made to the hot line number, it is important to give as much information as is known about the emergency, including: Complete description of the hazard Name and location of the establishment Duration of the hazard (Is it still going on? When will it end?) Type of operation Contact phone number (company or personal) See Fact Sheet No. OSHA 95-44

Summary OSHA 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