1 OSHA FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) OF 1970 George Mason University College of Nursing and Health Science Regulatory Requirements for Health Systems Summer 2004

2 The Occupational Safety and Health Act l The Occupational Safety and Health Act of 1970 was passed to assure safe and healthful working conditions for men and women; l Authorizes enforcement of the standards developed under the Act; l Assists and encourages the States in their efforts to assure safe and healthful working conditions by providing for research, information, education, and training in the field of occupational safety and health; l Can be used for other purposes relating to the work environment.

3 Scope of Regulations –Regulations apply to occupational safety and health research and related activities, –Approval of respiratory protective devices, and –Requests for health hazard evaluations and investigations of places of employment, including how to go about requesting a health hazard evaluation and what needs to be in the request, advance notice of visits, how the investigation is conducted, and notification of findings.

4 Enforcement l Occupational Safety and Health investigations of places of employment are conducted by: -The National Institute For Occupational Safety and Health (NIOSH) of the Center For Disease Control, -Public Health Service, -Department of Health and Human Services.

5 OSHA Mission l The mission of OSHA is to "save lives, prevent injuries and protect the health of America's workers. To accomplish this, federal and state governments must work in partnership with the more than I00 million working men and women and their six and a half million employers who are covered by the Act."

6 OSHA Regulations l The OSHA regulations are located under 29 CFR in the Code of Federal Regulations l Regulations apply to: –Production or disclosure of information or materials –Protection of individual privacy in records –Procedures for state agreements –State plans for the development and enforcement of state standards –Inspections, citations and proposed penalties

7 OSHA Regulations –Recording and reporting occupational injuries and illness –Occupational Safety and Health Standards –Rules concerning OSHA access to employee medical records. – Approved state plans for enforcement of state standards –Procedures for the evaluation and monitoring of approved state plans

8 OSHA Regulations –Plans for state and local government employees without approved plans –OSHA Review Commission –Regulations implementing the Freedom of Information Act –Rules of ethics and conduct of Review Commission employees Regulations implementing the Privacy Act

9 PROVISIONS l The Federal Occupational Safety and Health Act (OSHA) of 1970 provided law and subsequent regulation requiring employers to establish occupational safety and health programs and ensure safe and healthful working conditions for employees. l The provisions may vary by state.

10 Standards Related To Employee Rights l Safe and healthful working conditions; l General training in safe work practices; l Specific training in hazards unique to the job, e.g.: –Equipment operation –Hazardous substances handling –Emergency procedures –Self-contained breathing apparatus use l Training in potential health hazards of chemicals/materials; l Refuse to perform work violating the Labor Code;

11 Standards Related To Employee Rights l Observe employer monitoring of harmful substances; l Notification of exposure to harmful substances; l See and copy records of exposure to toxic substances and harmful physical agents; l Access any medical records; l Request an inspection; l See any citations; l Request and take part in making changes to occupational safety and health standards; l Take part in appeal proceedings

12 Standards Related To Employee Responsibilities l Obey all occupational safety and health standards, rules, regulations, and orders issued according to the law; l Use safety equipment, safety devices, and methods or processes adopted for employee protection; l Not to remove, displace, damage, destroy, tamper with, or carry off safety devices, safeguards, notices, or warnings; l Not interfere with the use of safeguards by others.

13 Standards Related To Employer Rights l Request free education and training, including onsite consultation; l Petition for changes in standards or rules; l Assist in development, modification, or revocation of standards and rules; l Apply for variances from requirements if equivalent safety can be maintained; l Participate in inspections;

14 Standards Related To Employer Rights l Contest any citations, penalties, and correction requirements; l Be protected by law against disclosure of trade secrets; l Be given a Material Safety Data Sheet (MSDS) by the manufacturer for any substance listed on the List of Hazardous Substances

15 Standards Related To Employer Responsibilities l Maintain a safe and healthful place of employment; l Comply with occupational safety and health standards, rules, regulations,and orders; l Provide employees with general training in safe work practices; l Provide employees with specific training re. unique job hazards; l Allow employee access to medical and exposure records;

16 Standards Related To Employer Responsibilities l Post prominently any citation (or copy) issued for safety and health violations near the location of occurrence; l Allow employees to observe monitoring or measuring for exposure; l Notify all exposed to toxic substances or harmful physical agents when prescribed levels exceeded; l Prepare and maintain all records and reports required;

17 Standards Related To Employer Responsibilities l Provide an effective injury and illness prevention program; l Allow access to log of occupational injuries and illnesses; l Provide workers with information and training on substances on List of Hazardous Substances ; l Provide and ensure that safety devices and safety guards are used.

18 Enforcement of Standards l Most states enforce the standards through a separate board or through a department of health and/or occupational safety. l There are periodic inspections of the workplace, checking for compliance with applicable law and regulation or with necessary corrections. l There must be provision for receipt and processing of complaints, as well as for appeal of citations, orders, grievances, etc., by either employees or employers.

19 Inspections Inspections are based on: l Imminent danger l Fatality or serious accident l Employee complaint l Investigations of serious injuries or illnesses l Scheduled inspections l By law, no advance notice is given to the employer.

20 State Administration l Some states, including California, administer their own occupational health and safety programs in accordance with provisions of the Federal OSHA. l OSHA establishes program structure and operations requirements, but permits the state to manage the program, with federal monitoring. l These states receive part of program funding from the federal OSHA agency. l Most OSHA programs provide for free consultation and training in key safety and illness-prevention issues pertinent to the workplace.