This material was produced under the grant SH F-11 from the Occupational Safety and Health Administration, U.S. Department of Labor, and contract M from the National Institute for Occupational Safety and Health. It does not necessarily reflect the views or policies of the U.S. Department of Labor or U.S. Department of Health and Human Services, respectively, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

Objectives – Recognize major provisions of the OSH Act – Identify key phases of an OSHA inspection – Locate OSHA standards – Recognize employer responsibilities at multi- employer worksites – General understanding of Part 1926 standards, Competent Persons & Qualified Persons – Respond appropriately to an OSHA inspection

When did you first hear about OSHA? What did you think about OSHA then? What do you think is OSHAs mission?

Federal agency located with in the Department of Labor On December 29, 1970, President Nixon signed the OSH Act; it opened April 28, 1971 [T]o assure … every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.

On average, 13 workers died every day from job injuries in Approximately 4,600 Americans died from workplace injuries annually during the same period. Nearly 3.1 million non- fatal workplace injuries and illnesses were reported for 2010

Develop standards Inspect employers Investigate injuries and fatalities Issue citations and impose penalties (civil or criminal) Assist in occupational safety and health training

An EMPLOYER is defined as a person engaged in a business affecting commerce who has employees; it does not include the United States or other government entity. An EMPLOYEE is defined as a person employed by an employer who affects commerce.

1. Harry Adams, a miner at Aggregate Quarry 2. Juan Martinez, one of 3 employees of Roadside Mowing. 3. Taylor Dell, a consulting engineer in business for herself. 4. Rob Jones, one of 10 laborers working for Paving, Inc. No. Covered by MSHA Yes No. Self- Employed are not covered Yes

Adoption of existing industry consensus standards Rulemaking Emergency Temporary Standards Variances

National Institute for Occupational Safety and Health (NIOSH) Occupational Safety and Health Review Commission (OSHRC)

4(b)(1) Preemption FMCSA FHWA

States may assume responsibility for enforcing occupational safety and health regulations in lieu of federal OSHA State must issue and enforce standards that are substantially equal to the federal standards

Federal Register OSHA Website (

29 CFR Title Code of Federal Regulations Part Subpart (Grouping of Sections, = Subpart O, Motor Vehicles and Mechanized Equipment) (1926 = Construction) Section (Individual number)

Inspect Issue Citations

PriorityCategory of Inspection 1st Imminent Danger: Reasonable certainty an immediate danger exists 2nd Fatality/Catastrophe: Reported to OSHA; inspected as soon as possible 3rd Complaints/Referrals: Worker or worker representative can file a complaint about a safety or health hazard 4th Programmed Inspections: Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

Cite for violations of OSHA standards or general duty clause (5(a)(1)) When issuing a citation OSHA must ensure that: The citation is in writing It describes the particular violation and applicable standard or authority The citation is posted A reasonable abatement period is attached to the citation

Employers have the right to contest all aspects of a citation. Employees only have a right to contest the time period fixed for abating the hazard.

Willful or Repeated = Up to $70,000 per violation with a minimum of $5,000 for a willful violation Serious and Other than Serious violations, to a maximum of $7,000 Failure to abate a hazard, a maximum of $7,000 per day for each day the violation continues

Advance notice of an inspection without authority, a maximum of $1,000 or imprisonment for not more than 6 months False statements, representation or certification on documents maintained as required by the OSH Act, maximum of $10,000 or imprison- ment for not more than 6 months

Opening Conference Walk Around Closing Conference

Exposing Employer Creating Employer Correcting Employer Controlling Employer

Competent Person Qualified Person Designated Person Authorized Person

Capable of identifying existing and predictable hazards and hazardous working conditions; and Has authorization to take prompt corrective measures to eliminate them

A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location or locations at the jobsite (Same definition for Designated Person)

One who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has proven the ability to solve and resolve work-related problems…..

The creation of OSHA provided workers the right to a safe and healthful workplace. Section 5(a)(1) of the OSH Act states: Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

OSHAs Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses. Workers have the right to review the current log, as well as the logs stored for the past 5 years. Workers also have the right to view the annually posted summary of the injuries and illnesses (OSHA 300A).

Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith. OSHA regulations [29CFR (c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.

Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow. Some required training covers topics such as, lockout-tagout, blood-borne pathogens, noise, confined spaces, fall hazards in construction, and personal protective equipment---along with a variety of other subjects.

: right to examine & copy records Examples of toxic substances and harmful physical agents are: Metals and dusts, such as lead, cadmium, and silica. Biological agents such as bacteria, viruses, and fungi. Physical stress such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.

Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace. Workers may request that their name not be revealed to the employer. If a worker files a complaint, they have the right to find out OSHAs action on the complaint and request a review if an inspection is not made.

Workers have the right to be free from retaliation for exercising safety and health rights. Workers have a right to seek safety and health on the job without fear of punishment. This right is spelled out in Section 11(c) of the OSH Act. Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights.

An employee representative can accompany the OSHA inspector. Workers can talk to the inspector privately. Workers may point out hazards, describe injuries, illnesses or near misses that resulted from those hazards, and describe any concerns they have about a safety or health issue. Workers can find out about inspection results, abatement measures and may object to dates set for violations to be corrected.

Problems: Not a legal sign Sign not far enough in advance of the work zone

Problems: Ladder not in trench box Edges not protected from falls Worker outside trench box

Problems: Chevrons/hatch marks pointing in wrong direction.

Problems: Outrigger on unstable surface. Poor walking surface

Problems: No apparent problems.

Problems: Improper use of drum No fall protection system

Problems: No class 2 vest Working near water (rescue equipment?) Forms become confined spaces if entered

Problem: Where is the fire extinguisher?

Problems: Improper containers No labeling Possible mixing of hazardous substances