Introduction to OSHA 2-hour Lesson Handout #2 INTRODUCTION TO OSHA 02.12.10 2

Lesson Overview Purpose: To provide workers with introductory information about OSHA Topics: Why is OSHA important to you? What rights do you have under OSHA? What responsibilities does your employer have under OSHA? What do the OSHA standards say? How are OSHA inspections conducted? Where can you go for help? 3

Why is OSHA important to you? Topic 1: Why is OSHA important to you?

Topic 1: Why is OSHA Important to You? OSHA began because, until 1970, there were no national laws for safety and health hazards. On average, 15 workers die every day from job injuries Over 5,600 Americans die from workplace injuries annually Over 4 million non-fatal workplace injuries and illnesses are reported 5

History of OSHA OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor OSHA’s responsibility is worker safety and health protection On December 29, 1970, President Nixon signed the OSH Act This Act created OSHA, the agency, which formally came into being on April 28, 1971 6

OSHA’s Mission The mission of OSHA is to save lives, prevent injuries and protect the health of America’s workers. Some of the things OSHA does to carry out its mission are: developing job safety and health standards and enforcing them through worksite inspections, maintaining a reporting and recordkeeping system to keep track of job-related injuries and illnesses, and providing training programs to increase knowledge about occupational safety and health. 7

Is there a need for OSHA?

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

http://www.osha.gov

What rights do you have under OSHA? Topic 2 What rights do you have under OSHA?

Topic 2: What Rights Do You Have Under OSHA? You have the right to: A safe and healthful workplace Know about hazardous chemicals Information about injuries and illnesses in your workplace Complain or request hazard correction from employer Training Hazard exposure and medical records File a complaint with OSHA Participate in an OSHA inspection Be free from retaliation for exercising safety and health rights 16

Your Right to… 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." 17

Your Right to… Employers must have a written, complete hazard communication program that includes information on: Container labeling, Material Safety Data Sheets (MSDSs), and Worker training. The training must include: The physical and health hazards of the chemicals; How workers can protect themselves: including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment. Handout #3 18

Need Help? This standard becomes effective on May 25, 2012, sixty days after the date of issue. Employers will be considered to be in compliance with the HCS during the transition period as long as they are complying with either the HCS 1994 (as it appears in the CFR as of October 1, 2011) or this revised HCS (HCS 2012). 19 19 19

Effective Dates This standard becomes effective on May 25, 2012, sixty days after the date of issue. Employers will be considered to be in compliance with the HCS during the transition period as long as they are complying with either the HCS 1994 (as it appears in the CFR as of October 1, 2011) or this revised HCS (HCS 2012). 20 20 20

Your Right to… OSHA’s 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). Handout #6 21

Your Right to… 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 1977.9(c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace. 22

Your Right to… 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, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, along with a variety of other subjects. 23

1910.1020: right to examine & copy records Your Right to… 1910.1020: 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. 24

Workers names are not be revealed to the employer. Your Right to… 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 names are not be revealed to the employer. If a worker files a complaint, they have the right to find out OSHA’s action on the complaint and request a review if an inspection is not made. 25

Employee representative can accompany OSHA inspector. Your Right to… Employee representative can accompany 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 concern you have about a safety or health issue. Workers can receive inspection results, abatement measures and may object to dates set for violation to be corrected. 26

This right is spelled out in Section 11(c) of the OSH Act. Your Right to… 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. Handout #4 & #5 27

Section 11(c) No person may be discriminated against for exercising their rights... Alleging complaint with employer, union, or Agency. Participating in safety and health activities. Whistleblower Investigations

Whistleblower Rights Section 11(c) of the OSH Act provides protection for employees who exercise rights guaranteed under the Act such as filing a S&H complaint with OSHA, participating in an OSHA inspection, speaking with an OSHA Compliance Officer, etc. 29

Retaliation Can Include: Firing/Laying off Blacklisting Demoting Denying overtime or promotion Disciplining Intimidation Failure to hire or rehire Reducing pay or hours

What Responsibilities Does Your Employer Have Under OSHA? Topic 3: What Responsibilities Does Your Employer Have Under OSHA?

Provide training required by OSHA standards Provide a workplace free from recognized hazards and comply with OSHA standards Provide training required by OSHA standards Keep records of injuries and illnesses Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records Not discriminate against workers who exercise their rights under the Act (Section 11(c)) Post OSHA citations and abatement verification notices Provide and pay for Personal Protective Equipment (PPE) Handout #7 32

Employers are Required to: KEEP RECORDS OF INJURIES AND ILLNESSES REPORTING AND RECORDING CHECKLIST Employers must: Report each worker death Report each incident that hospitalizes 3 or more workers Maintain injury & illness records Inform workers how to report an injury or illness to the employer Make records available to workers Allow OSHA access to records Post annual summary of injuries & illnesses 33

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)

OSHA Recordkeeping Purpose To require employers to record and report work-related fatalities, injuries and illnesses Note: Recording or reporting a work-related injury, illness, or fatality does NOT mean the the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits. OSHA injury and illness recordkeeping and Workers’ Compensation are independent of each other The “purpose” section tells you the basic purpose of the rule: to require employers to create injury and illness data and report it to the government, but it doesn’t tell you how the data are used or why they are important. The records provide the base data for the BLS survey of occupational injuries and illnesses, the Nations’ primary source of occupational injury and illness data. The records are also used by employers and employees to manage safety and health programs at individual workplaces. Analysis of the data is a widely recognized method for discovering workplace safety and health problems, and for tracking progress in solving those problems. Finally, the data are used by OSHA. We collect the data to help us direct our programs and measure our own performance, and our inspectors use the data during inspections to help direct their efforts to the hazards that are hurting workers. The purpose section also includes a note to make it clear that recording an injury or illness does not have any effect on workers’ compensation nor prove violation of an OSHA rule. Hopefully, this will reduce the stigma some employers feel accompanies the recording of a work-related injury or illness.

1904.7 – General Recording Criteria An (WORK RELATED) injury or illness is recordable if it results in one or more of the following: Death Days away from work Restricted work activity Transfer to another job Medical treatment beyond first aid Significant injury or illness diagnosed by a PLHCP Loss of consciousness The general recording criteria are nearly the same as we’ve always had, and that are articulated in the OSH Act. Of course, all occupational deaths are recordable, as are cases with days away from work, restricted work, transfer to another job, medical treatment and loss of consciousness. A new category is a significant injury or illness diagnosed by a physician or other licensed health care professional. These are significant injuries and illnesses that are not captured by any of the general recording criteria and include cancer (for example, mesothelioma), chronic irreversible disease (for example, chronic beryllium disease), a fractured or cracked bone (for example, cracked rib), or a punctured eardrum.

Topic 4: What do the OSHA Standards Say?

Topic 4: What do the OSHA Standards Say? OSHA standards fall into four categories: General Industry, Construction, Maritime, and Agriculture. OSHA issues standards for a wide variety of workplace hazards Where there are no specific OSHA standards, employers must comply with The General Duty Clause, Section 5(a)(1) Handout #8 38

OSHA Standards General Industry: 29 CFR 1910 Construction: 29 CFR 1926 Maritime: 29 CFR 1915 Agriculture: 29 CFR 1928 Regulatory: 29 CFR 1904 Standards divided into Subparts

Most Frequently Cited Standards Click: Most Frequently Cited (MFC) Standards to view current data To search MFC data on this webpage: “Select number of employees in establishment,” select ALL or one of the options listed “Federal or State Jurisdiction,” select Federal or, from the dropdown menu, a specific state “SIC,” select ALL for all Industry groups, C for Construction, D for Manufacturing (General Industry), or 373 and 449 for Maritime Shown are search results for: All sizes of establishments, in Federal jurisdiction, with Construction SIC codes 40

Top 10 most frequently cited standards in fiscal year 2011 (October 1, 2010 through September 30, 2011): Scaffolding, general requirements, construction (29 CFR 1926.451) Fall protection, construction (29 CFR 1926.501) Hazard communication standard, general industry (29 CFR 1910.1200) Respiratory protection, general industry (29 CFR 1910.134) Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)

Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) Powered industrial trucks, general industry (29 CFR 1910.178) Ladders, construction (29 CFR 1926.1053) Electrical systems design, general requirements, general industry (29 CFR 1910.303) Machines, general requirements, general industry (29 CFR 1910.212)

Standards which OSHA assessed the highest penalties in fiscal year 2011 (October 1, 2010 through September 30, 2011) Fall protection, construction (29 CFR 1926.501) Scaffolding, general requirements, construction (29 CFR 1926.451) Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) Machines, general requirements, general industry (29 CFR 1910.212) Ladders, construction (29 CFR 1926.1053)

Excavations, requirements for protective systems (29 CFR 1926.652) Powered industrial trucks, general industry (29 CFR 1910.178) General duty clause (Section 5(a)(1) of the OSH Act) Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) Electrical systems design, general requirements, general industry (29 CFR 1910.303)

Violations OSHA Observes

1926.501(b)(13) Residential Fall Protection

Scaffold fall protection, planking, and access

1926.503(a)(1) Fall Protection Training

1926.501(b)(1) – Fall protection, general

1926.652(a)(1) Cave-in protection

1926.652(a)(1) Cave-in protection

The General Duty Clause. Section 5(a)(1) Each employer shall furnish a place of employment free of recognizable hazards that are likely to cause serious physical harm. Exposed employee Recognized hazard Employer knowledge Feasible method to abate hazard

Examples 5(a)(1) Violations Employee standing on defective forklift “platforms”, pallets or the fork blades – ANSI B56.1 or ANSI B56.6 for rough terrain forklifts Defective guardrails on “scissor lift” – ANSI / SIA A 92.6

Examples 5(a)(1) Violations Mobile Crane outriggers set up on unstable planks – ASME B 30.5 Employee in “swing radius” of Excavator – Equipment Manufacturing Institute Safety Manual

Examples 5(a)(1) Violations Employee standing in buckets of skid steer loaders or hydraulic excavators – Equipment Manufacturers Institute (EMI) safety manuals

How are OSHA inspections conducted? Topic 5: How are OSHA inspections conducted?

The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times. OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger) In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term. 57

Category of Inspection 1st 2nd 3rd 4th Priority Category of Inspection 1st Imminent Danger: Reasonable certainty an immediate danger exists 2nd Fatality/Catastrophe: Reported to OSHA; inspected ASAP 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. 5th Follow up Inspections 58

Investigation of Complaints Non-formal Handled by “phone/fax” Employer investigates and responds to OSHA E-mail complaints are considered Non-Formal Can be upgraded at Area Office Formal Signed Inspection conducted

Programmed Inspections Emphasis Programs National Falls, Trench, Silica, Lead, Severe Violators Local Road Construction, Hi-Rise, Rehab, Tree Trimming, Powered Industrial Vehicles

Inspection Process Opening conference Walk around Closing conference Management, Union (Safety Committee) OSHA Credentials, Reason for Inspection, Procedures, Employer / Employee Rights Walk around Workplace Observations, Interviews, Photographs, Injury Logs, Safety Programs, Training Records, Air/Noise Monitoring Closing conference Summarize Findings, Time for Corrective Actions

After the Inspection Citations Multi – Employer Worksites Penalties Identify Standard / Posted in Workplace Multi – Employer Worksites Exposing, Creating, Controlling, Correcting Penalties Mandatory if “Serious” Appeals process – 15 days Informal conference Contest Judicial review

VIOLATION TYPE PENALTY WILLFUL A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation. SERIOUS A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. There is a mandatory penalty for serious violations which may be up to $7,000. OTHER-THAN-SERIOUS A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may propose a penalty of up to $7,000 for each other-than-serious violation. REPEATED A violation that is the same or similar to a previous violation. OSHA may propose penalties of up to $70,000 for each repeated violation. 63

Criminal Prosecution Willful violations of a standard directly related to a fatality: cases may be prosecuted through the U.S. Attorneys office Recent Convictions / Jail Sentences Plant Manger – 70 months Human Resource Manager – 41 months Maintenance Supervisor – 30 months Production Supervisor – 6 months U.S. Code Title 18, Sec 1001 Anyone Knowingly Give False Information, Conceal, Trick, Scheme… Fined $10,000 and Imprisoned for not more than Five Years 10/2009 – Moline IL – Altering Worksite after Fatality

Affirmative Defense (Employee Misconduct) Written Safety Rule Tools, Equipment, Training, Opportunity Regular Workplace Audits Effective Disciplinary Program

Competent Person Definition – 1926.32(f) Capable of identifying existing, predictable hazards Authority to take Prompt Corrective Action

What is OSHA really looking for? Effective Safety and Health Programs

Effective Safety and Health Programs Management Commitment Employee Involvement Worksite Analysis Hazard Prevention and Controls. Training / Understanding

Where Can You Go For Help? Topic 6: Where Can You Go For Help?

Sources within the workplace/worksite Sources outside the workplace/worksite How to file an OSHA complaint Handout #9 & #11 70

Employer or supervisor, co-workers and union representatives Material Safety Data Sheet (MSDS) for information on chemicals Labels and warning signs Employee orientation manuals or other training materials Work tasks and procedures instruction 71

Compliance Assistance Specialists in the area offices OSHA website: http://www.osha.gov and OSHA offices (you can call or write) Compliance Assistance Specialists in the area offices National Institute for Occupational Safety and Health (NIOSH) – OSHA’s sister agency OSHA Training Institute Education Centers Doctors, nurses, other health care providers Public libraries Other local, community-based resources 72

How to file an OSHA Complaint Contact your Union Safety Representative Contact the Local OSHA Area Office File Phone/Fax File Formal – Written Complaint File complaint “On Line” Handout #12

OFFICES in ILLINOIS AURORA - (630) 896-8700 CALUMET CITY - (708) 891-3800 CHICAGO NORTH - (847) 803-4800 PEORIA - (309) 589-7033 FAIRVIEW HEIGHTS - (618) 632-8612 REGION V - (312) 353-2220

Enforcement Region V Federal Illinois, Ohio, Wisconsin State Plans Except employees of “local” Government State Plans Indiana, Michigan, Minnesota

OSHA Resources OSHA Consultation Programs www.osha.gov 1-800-321-osha (hot line) Consultation Programs Illinois: Department of Commerce & Economic Opportunity (800)972-4216 or (312)814-2337 www2.illinoisbiz.biz/osha/index.htm Indiana: INSafe (317)232-2688 www.in.gov/dol/insafe.htm

How to file an OSHA Complaint Contact your Union Safety Representative Contact the Local OSHA Area Office File Phone/Fax File Formal – Written Complaint File complaint “On Line” Handout #12

http://www.osha.gov Handout #1 & #10

Partnerships and Other Cooperative Programs Alliances Strategic Partnerships Voluntary Protection Programs

Partnerships and Other Cooperative Programs Alliances Promote training, education, outreach and national dialogue Open to trade organizations, businesses, labor groups, educational institutions, professional groups 81

OSHA Campaigns

QUESTIONS?

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