OSHA GOVERNMENT REGULATIONS International Environmental Technology and Training Center “Working safely with hazardous materials” Vincent J. Giblin, General President 1293 Airport Road, Beaver, WV 25813 Phone: (304) 253-8674 - Fax: (304) 253-7758 E-mail: hazmat@iuoeiettc.org

Government Regulations: AN INTRODUCTION Foundation for all safety and health requirements at work sites. Protects workers, the public, and the environment. Must be understood by all workers. Government Regulations

Occupational Safety and Health Administration Government Agencies Department of Labor Occupational Safety and Health Administration National Institute for Occupational Safety and Health Mine Safety and Health Administration Environmental Protection Agency Department of Transportation Department of Energy Government Regulations

Code of Federal Regulations Agency Scope Title OSHA Safety and Health Regulations 29 NIOSH Research Relating to Worker Safety and Health 42 MSHA Mining Safety and Health 30 EPA Protection of Air, Water, and Soil 40 DOL Labor Policies and Laws DOT Transportation Policies 49 DOE Energy Research and Development 10 Government Regulations

Understanding Federal Code Citations 29 CFR 1910.134(a) Paragraph Section Part Title Code of Federal Regulations Government Regulations

Where can employees find information? Code of Federal Regulations (CFR). Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard. Government Regulations

Where can employees find information? Code of Federal Regulations (CFR) 1910 - General Industry 1926 - Construction Industry Government Regulations

Where can employees find information? Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard 29 CFR 1910.120 - General Industry 29 CFR 1926.65 - Construction Industry Government Regulations

Employer Responsibilities As Defined by OSH Act. General Duty Clause, or Section 5 (a)(1). “ 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.” Government Regulations

Employer Responsibilities As Defined by OSH Act. The employer is ultimately responsible. Government Regulations

Employer Responsibilities As Defined by OSH Act. Establish and maintain safe conditions, practices, and (SOP)s, standard operating procedures. Government Regulations

Employer Responsibilities As Defined by OSH Act. Identify, communicate, and monitor hazardous conditions. Government Regulations

Employer Responsibilities As Defined by OSH Act. Provide/maintain appropriate PPE. Train employees on rules, regulations, and procedures. Government Regulations

Employer Responsibilities As Defined by OSH Act. Keep and make available, health, safety and training records. Abate cited violations. Do not discriminate against employees who exercise OSHA rights. Government Regulations

Employer Responsibilities As Defined by OSH Act. Cooperate with OSHA officers. Post OSHA notices. Post OSHA poster (2203). Government Regulations

Employer Rights As Defined by OSH Act OSHA recognizes employer’s rights regarding inspections. Government Regulations

Employer Rights As Defined by OSH Act Seek free advice and off site consultation. Request/receive identification of OSHA officer, prior to inspection. Government Regulations

Employer Rights As Defined by OSH Act Be told reason for OSHA inspection. Accompany the OSHA inspector. Have opening and closing conference with OSHA officer. Government Regulations

Employer Rights As Defined by OSH Act Request informal settlement agreement process. File ‘Notice of Contest’ against inspection results. Apply to OSHA for temporary or permanent variance. Assured of confidentially of trade secrets. Government Regulations

Employee Responsibilities As Defined by OSH Act. Section 5(b) requires: that “employees diligently follow all safety and health standards, rules, procedures that apply to their own actions and conduct”. Government Regulations

Employee Responsibilities As Defined by OSH Act. Employees must be informed and involved. Government Regulations

Employee Responsibilities As Defined by OSH Act Read OSHA poster. Follow employer safety and health regulations. Use PPE where necessary. Government Regulations

Employee Responsibilities As Defined by OSH Act Report hazardous conditions, injuries and illnesses to employer - seek treatment. Cooperate with OSHA inspection. Exercise OSHA rights responsibly. Government Regulations

Employee Rights As Defined by OSH Act You should know your rights. Government Regulations

Employee Rights As Defined by OSH Act Review OSHA standards, rules, and requirements for job site. Get information from employer regarding safety/health hazards on job site. Government Regulations

Employee Rights As Defined by OSH Act Receive proper safety and health training. Access to employee medical and exposure records. Request information from NIOSH. Government Regulations

Employee Rights As Defined by OSH Act Request OSHA inspection. Name withheld from employer if complaint filed. Accompany OSHA officer during inspection. Government Regulations

Employee Rights As Defined by OSH Act Respond to questions from OSHA. Observe monitoring or measuring; review data. Review Log of Injuries and Illnesses-OSHA 300. Government Regulations

Employee Rights As Defined by OSH Act Request closing discussion after inspection. OSHA citations must be posted. Object to abatement period set by OSHA. Participate in hearings. Government Regulations

Should violations be reported immediately? First, discuss concerns with: Co-workers Supervisors Site Safety Officer Employer Union Representative Government Regulations

Do employees have the right to refuse unsafe work? OSHA does not specifically give you the right to refuse but, an employee may refuse work when faced with an imminent danger of serious injury or death. Government Regulations

Can employees be fired or demoted for reporting? No Government Regulations

Can employees be fired or demoted for reporting? Section 11(c) of the OSH Act states: the employer “shall not” punish or discriminate against employee for exercising such rights as complaining to the employer, the union, OSHA, or any other government agency about job safety and health hazards; or for participating in OSHA inspections, conferences, or other OSHA related activities. Government Regulations

What programs make safety and health integral to jobs? DOE’s Integrated Safety Management (ISM): Incorporates safety into management and work practices at all levels. OSHA’s Voluntary Protection Program (VPP): Goes beyond OSHA Standards Compliance. Government Regulations

What are OSHA’s VPPs? A cooperative relationship between management, labor, and OSHA for strong safety and health programs. Management: operates program that meets criteria. Employees: participate/work with management. VPP-sites: comply with OSHA’s rules, and go beyond requirements. Government Regulations

VPP benefits for employers, employees, and OSHA. Improved employee motivation. Reduced worker’s compensation costs. Recognition in the community. 60% to 80% fewer lost workday injuries. Contractors, employers, employees provide input to OSHA. Government Regulations

Does employee involvement mean legal responsibility? Employees do not assume employer’s responsibilities. Employees are not expected to guarantee a safe and healthful environment. Government Regulations

Why do agencies require specific HAZWOPER training? Greatly reduces the possibility of harm from exposure to hazardous materials. Hazardous waste sites can be unpredictable and potentially dangerous. Government Regulations

HAZWOPER 8-Hour Training: Update Worker on Recent Developments Government Regulations

Government Regulations: UPDATE Revised Injury/illness Record Keeping Rule. Effective as of January 1, 2002. OSHA Form 300 (Log of Work-Related Injuries and Illness). Simplified. Printable on smaller-sized paper. Government Regulations

Government Regulations: UPDATE Revisions to Voluntary Protection Program. Effective as of January 1, 2001. Criteria rewritten; easier to understand. Expansion of eligibility. Increased expectations concerning management of the safety/health of employees. New illness reporting requirement. Government Regulations

This material was produced under grant number 46C5-HT16 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. Government Regulations

END This publication was made possible by grant numbers 5 U45 ES06182-13 AND 5 U45 ES09763-13 from the National Institute of Environmental Health Sciences (NIEHS), NIH. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the NIEHS, NIH. Government Regulations