Occupational Safety and Health Administration Introduction to OSHA Occupational Safety and Health Administration Keeping Safe in the Workplace

Section I Introduction 2

OSHA In 1970, Congress considered: Job-related accidents more than 14,000 worker deaths 2 ½ million workers disabled 10 times as many person-days lost from job-related disabilities as from strikes 300,000 new cases of occupational diseases 3

OSHA Major losses Production and wages Medical expenses Disability compensation Human cost Congress passed the Occupational Safety and Health Act (OSH Act) of 1970 4

Section II OSHA 5

OSHA’s mission Encourage employers and employees to reduce workplace hazards and to implement new, or improve existing, safety and health programs 6

OSHA’s mission Provide research to develop ways of dealing with occupational safety and health problems Establish separate, but dependent responsibilities and rights for employers and employees to achieve better safety and health conditions 7

OSHA’s mission Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses Establish training programs to increase the number and competence of occupational safety and health personnel 8

OSHA’s mission Develop mandatory job safety and health standards and enforce them effectively Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 9

OSHA’s mission OSHA guarantees employers and employees the right to be fully informed, to participate actively and to appeal actions. 10

Section III OSH Act 11

OSH Act Employer – any person engaged in a business affecting commerce who has employees, but does not include the U.S. or any state or political subdivision of a state 12

OSH Act Not covered self-employed persons farms at which only immediate members of the farm employer’s family are employed workplaces already protected by other federal agencies under other federal statutes 13

OSH Act OSHA standards apply even if other federal agency is authorized to regulate States encouraged to develop and operate, under OSHA guidance, state job safety and health plans 14

OSH Act OSHA publicizes legally enforceable standards Standards may require practices, means, methods or processes necessary and appropriate to protect workers on the job General Duty Clause is used more in penalty enforcement 15

General Duty Clause Employers: furnish employees employment and place of employment free from recognized hazards that cause or are likely to cause death or serious harm to employees Protect employees even if no OSHA standard applies to situation or if hazards exists after compliance (e.g., ergonomics) Take additional steps toward safety 16

General Duty Clause General Duty Clause Extends OSHA’s authority beyond specific OSHA standards Used when there is no specific standard that applies to recognized hazard Used when standard exists, but hazards warrant additional precautions beyond what safety standards require 17

General Duty Clause Employers make good faith efforts to correct existing workplace hazards and identify new hazards Review accident and injury records to identify patterns Investigate all accidents and injuries in workplace Conduct job hazard analyses 18

General Duty Clause Supervisors and managers can: Document training efforts and conduct retraining Establish employee safety committee Assess whether process is still unsafe 19

Section IV Inspections 20

Workplace inspections Knowledgeable and experienced compliance officers – trained in OSHA standards No notice Alerting employer can bring fines and/or jail 21

Workplace inspections Special circumstances – notice of less than 24 hours Imminent danger situations Inspections that must take place after regular hours or require special preparation Notice is required to assure that employer and employee rep are present 22

Workplace inspections Special circumstances Inspection must be delayed for more than 5 days with good cause OSHA area director determines notice would produce more thorough inspection 23

Worksite inspections Inform employee representative Employer must admit compliance officer Employer may not interfere with inspection OSHA may not conduct warrantless inspections without consent 24

Inspection priorities Imminent danger – any condition where there is reasonable certainty that danger exists that can cause death or serious physical harm immediately, or before danger can be eliminated 25

Inspection priorities Catastrophes and fatal accidents – fatalities and accidents resulting in hospitalization of three or more employees Must be reported within 8 hours 26

Inspection priorities Employee complaints – alleged violations of standards or unsafe or unhealthful working conditions Employee feels imminent danger Employee feels there is a violation of standard that threatens physical harm 27

Inspection priorities Employee complaints OSHA will maintain confidentiality OSHA will inform employee of action taken OSH will hold informal review of decision not to inspect 28

Inspection priorities Programmed inspections – inspections aimed at high hazard industries, occupations or health substances Follow-up inspections – determine if previously cited violations have been corrected 29

Inspection priorities Records review – examination of employer’s injury and illness records (OSHA 300 form) to determine whether to conduct workplace inspection 30

Inspections Inspector’s credentials Employer should request to see credentials Credential has photo and serial number Compliance officers may not collect penalty at time of inspection Compliance officer may not promote sale of product or service 31

Inspections Opening conference Compliance officer explains how company selected and if it will be subject to safety inspection Compliance officer explains purpose, scope and standards that apply Employer asked to select employee representative. If no employee rep, compliance officer must consult with other employees 32

Inspections Inspection process Compliance officer and reps inspect for safety or health hazards Officer determines route and duration of inspection Officer may consult with employees, take photos, instrument readings, examine records, measure noise levels, etc. 33

Inspections Inspection process Compliance officer inspects records of deaths, injuries and illnesses (OSHA form 300-A) Officer will explain requirements of Hazard Communication Standard Officer will point out unsafe or unhealthful working conditions. Will discuss possible corrective action 34

Inspections Closing conference Includes compliance officer, employer and employee rep Employer receives “rights and responsibility” booklet Officer discusses unsafe or unhealthful conditions and will note violations for which citation may be issued Officer will not indicate any specific penalties 35

Citations and Penalties Section V Citations and Penalties 36

Citations Inform employers and employees of the regulations and standards alleged to have been violated and length of time set for abatement Employer must post a copy 37

Citations Appeals by employees may be made on: decision not to issue a citation time allowed for abatement of a hazardous condition Employees may not contest a citation, but may submit a written objection Employees may request informal conference with OSHA 38

Citations Employers may request informal meeting with OSHA area director Area director may propose settlement agreement 39

Penalties Categories of Violations serious other-than-serious willful repeat failure to abate 40

Penalties Severity of violation and probability of injury or illness will determine base penalty. Penalty amounts are proposed Employers may contest penalty 41

Penalties Additional violations for which citations and penalties may be issued falsifying records assaulting a compliance officer 42

Contesting a citation Informal conference request obtain a better explanation of the violations obtain a more complete understanding of the specific standards that apply negotiate and enter into an informal Settlement Agreement 43

Contesting a citation Informal conference Discuss ways to correct the violations Discuss problems with the abatement dates Discuss problems concerning employee safety practices Resolve disputed citations and penalties 44

Contesting a citation Notice of contest submitted with 15 working days of receipt Notice of Contest must state: what is being contested which violations on the citation are being contested 45

Employer Responsibilities & Rights Section VI Employer Responsibilities & Rights 46

Employer responsibilities Meet the general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, and comply with standards, rules and regulations issued under the Act 47

Employer responsibilities Be familiar with mandatory OSHA standards and make copies available to employees Inform all employees about OSHA Examine workplace conditions to make sure they conform to applicable standards Minimize or reduce hazards 48

Employer responsibilities Make sure employees have and use safe tools and equipment and that equipment is properly maintained Use color codes, posters, labels or signs when needed to warn employees of potential hazards 49

Employer responsibilities Establish or update operating procedures and communicate them so that employees follow safety and health requirements Provide training required by OSHA standards Provide medical examinations when required by OSHA standards 50

Employer responsibilities Report to the nearest OSHA office within 8 hours any fatal accident or one which results in the hospitalization of three or more employees Keep OSHA-required records of work-related injuries and illnesses, and post the OSHA 300A form from February 1 through April 30 each year 51

Employer responsibilities Post, at a prominent location within the workplace, the OSHA poster (OSHA 2203) informing employees of their rights and responsibilities Provide employees, former employees and reps access to injury and illness recordkeeping forms at reasonable time and in a reasonable manner 52

Employer responsibilities Provide access to employee medical records and exposure records to employees Don’t discriminate against employees who properly exercise their rights under the Act Cooperate with OSHA compliance officer by furnishing names of authorized employee reps 53

Employer responsibilities Post OSHA citations at or near the worksite involved. Each citation must remain posted until the violation has been abated, or for three working days, whichever is longer Abate cited violations within the prescribed period 54

Employer rights Seek advice and off-site consultation as needed by writing, calling or visiting the nearest OSHA Office Be active in industry associations involved in job safety and health 55

Employer rights Request and receive proper identification from the OSHA compliance officer prior to inspection Be advised by the compliance officer of the reason for an inspection Have an opening and closing conference with the compliance officer 56

Employer rights Accompany the compliance officer on the inspection File a Notice of Contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty 57

Employer rights Apply to OSHA for a temporary variance from a standard if unable to comply because of the unavailability of materials, equipment or personnel needed to make necessary changes within the required time 58

Employer rights Apply to OSHA for a permanent variance from a standard if the employer can furnish proof that its facilities or method of operation provides employee protection at least as effective as that required by the standard 59

Employer rights Take an active role in developing safety & health standards through participation in OSHA Standards Advisory Committees, through nationally recognized standards-setting organizations and through evidence and views presented in writing or at hearings 60

Employer rights Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection Submit a written request to NIOSH for information on whether any substance in the workplace has potentially toxic effects in the concentrations being used 61

Employee Responsibilities and Rights Section VII Employee Responsibilities and Rights 62

Employee responsibilities Read the OSHA poster at the jobsite Comply with all applicable OSHA standards Follow all employer safety and health rules and regulations, and wear or use protective equipment 63

Employee responsibilities Report any job-related injury or illness to the employer, and seek treatment promptly Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions Exercise your rights under the Act in a responsible manner 64

Employee rights Right to seek safety and health on the job without fear of punishment Employers may not punish workers for: complaining to an employer, union, OSHA, or any other government agency about job safety and health filing safety or health grievances 65

Employee rights Employers may not punish workers for: participating on a workplace safety and health committee or in union activities concerning job safety and health participating in OSHA inspections, conferences, hearings or other OSHA- related activities 66

Employee rights Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace 67

Employee rights Request information from the employer on safety and health hazards in the area, on precautions that may be taken, and on procedures to be followed if an employee is involved in an accident or is exposed to toxic substances 68

Employee rights Receive adequate training and information on workplace safety and health hazards Request the OSHA area director to conduct an inspection if employee believes hazardous conditions or violations of standards exist in the workplace 69

Employee rights Have name withheld from employer, upon request to OSHA, if a written and signed complaint is filed Be advised of OSHA actions regarding the complaint and have an informal review, if requested, of any decision not to inspect or to issue a citation 70

Employee rights Have the authorized employee representative accompany the OSHA compliance officer during the inspection tour Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer 71

Employee rights Observe any monitoring or measuring of hazardous materials and have the right to see these records Request a closing discussion with the compliance officer following an inspection 72

Employee rights Submit a written request to NIOSH for information on whether any substance in the workplace has potentially toxic effects in the concentration being used, and have employee’s name withheld from the employer, if requested 73

Employee rights Object to the abatement period set in the citation issued to the employer by writing to the OSHA area director within 15 working days of the issuance of the citation 74

Employee rights Be notified by the employer if he or she applies for a variance from an OSHA standard, and testify at a variance hearing and appeal the final decision Submit information or comment to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing 75

Section VIII Summary 76

Summary of main points OSHA OSH Act Employer Responsibilities and Rights Employee Responsibilities and Rights 77

Questions? 78