OSHA Office of Training & Education

OSHA Office of Training & Education
Introduction to OSHA 3/25/2017 Introduction to OSHA This presentation is designed to assist trainers conducting OSHA 10-hour Construction Industry outreach training for workers. Since workers are the target audience, this presentation emphasizes hazard identification, avoidance, and control – not standards. No attempt has been made to treat the topic exhaustively. It is essential that trainers tailor their presentations to the needs and understanding of their audience. This presentation is not a substitute for any of the provisions of the Occupational Safety and Health Act of 1970 or for any standards issued by the U.S. Department of Labor. Mention of trade names, commercial products, or organizations does not imply endorsement by the U.S. Department of Labor. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 What is OSHA? Occupational Safety and Health Administration Responsible for worker safety and health protection OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Is there a need for OSHA? Each year... More than 90 million Americans spend their days on the job. Nearly 6,000 fatalities 50,000 work-related illnesses deaths 5.7 million non-fatal workplace injuries Injuries costs - over $125 billion Source: OSHA Publication 2056, All About OSHA Source - OSHA Publication 2056 OSHA Office of Training & Education OSHA / SAM

The Need for Legislation
Introduction to OSHA 3/25/2017 The Need for Legislation Until 1970, no uniform & comprehensive provisions existed for protection against workplace S&H hazards. Before 1970, employee safety and health programs relied on state programs. First state programs NY,CA, MN, CO, WA, GA, NV State programs not comprehensive or uniform. OSHA Office of Training & Education OSHA / SAM

The Need for Legislation
Introduction to OSHA 3/25/2017 The Need for Legislation In 1970, Congress considered these annual figures: 14,000 worker deaths 2.5 million workers disabled 300,000 new occupational disease cases Job related accidents accounted for more than 14,000 worker deaths Nearly 2 ½ million workers were disabled. Ten times as many person-days were lost from job-related disabilities as from strikes. Estimated new cases of occupational diseases totaled 300,000. OSHA Office of Training & Education OSHA / SAM

The Williams-Steiger Occupational Safety & Health
Introduction to OSHA 3/25/2017 Public Law 91-596 The Williams-Steiger Occupational Safety & Health Act of 1970 Also called Williams-Steiger Act. Signed Dec. 29, 1970 by President Richard Nixon. Effective Date: April 29, 1971. OSH Act OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 An Act ". . . to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources." Therefore, the Occupational Safety and Health Act of 1970 (the Act) was passed by Congress. The “Act” is broken down into 34 separate sections. We will cover some of the more prominent sections in some detail. OSHA Office of Training & Education OSHA / SAM

OSHA’S Purpose - Section 2
Introduction to OSHA 3/25/2017 OSHA’S Purpose - Section 2 Encourage reduced workplace hazards Implement new/improve existing S&H programs Provide for S&H research Establish employer / employee responsibilities for S&H conditions. Build on employer/employee S&H initiatives. Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs; Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems; Establish "separate but dependent responsibilities and rights" for employers and employees for the achievement of better safety and health conditions. In recognition of the fact that occupational health standards present problems often different from those involved in occupational safety. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 OSHA’S Purpose - Section 2 Occ. health focus to prevent diseases in the work environment. Establish training to increase number & competence Develop mandatory job S&H standards Enforce these effectively Develop recordkeeping & reporting requirements Provides assistance, training & other support programs to help employers and workers In recognition of the fact that occupational health standards present problems often different from those involved in occupational safety. By providing an effective enforcement program which includes a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition; Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses; OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 OSHA’S Purpose - Section 2 Provide for the development, analysis, evaluation and approval of state occupational safety and health programs. By encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection with the requirements of the Act. OSHA Office of Training & Education OSHA / SAM

Source: Census of Fatal Occupational Injuries, BLS, U.S. DOL.
Introduction to OSHA Has OSHA Made a Difference? 3/25/2017 YES! Since 1970: Helped cut the work-related fatality rate 50% Worked with employers / employees to reduce workplace injuries & illnesses by 40% Virtually eliminated brown lung disease, and Reduced trenching & excavation fatalities by 35% Virtually eliminated brown lung disease in the textile industry Source: Census of Fatal Occupational Injuries, BLS, U.S. DOL. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Who is covered by the OSH Act? Most private sector employees Coverage is provided directly by federal OSHA or through an OSHA-approved state program State plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are “at least as effective as” the federal OSHA program. States with approved plans cover most private sector employees as well as state and local government workers in the state. Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site ( Also not covered by OSHA: - Employees whose working conditions are regulated by other federal agencies. These include mine workers, certain truckers and rail workers, and atomic energy workers - Public employees in state and local governments (except for states with approved plans) These include fire fighters, police, and other public servants. OSHA Office of Training & Education OSHA / SAM

The Act’s Coverage Includes
Introduction to OSHA 3/25/2017 The Act’s Coverage Includes Manufacturing Construction Longshoring Agriculture Law and medicine Charity and disaster relief Organized labor Private education. The Act shall does not supersede or affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 NOT Covered Self-employed persons (i.e. : homeowners); Farms at which only immediate family members are employed; Worksites / conditions regulated by other federal agencies under other federal statutes* * Areas not covered specifically are still covered by OSHA. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 OSHA Standards OSHA develops and enforces standards that employers must follow. OSHA-approved States programs must set standards at least as effective as federal standards. General Duty Clause... The Williams-Steiger Occupational Safety & Health Act of 1970: 5. Duties (a) Each employer "shall 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.“ (b) Each employee shall comply with occupational safety and health standards and all rules…..etc. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 What does OSHA Require? Determine which standards apply to your workplace 1910 General Industry 1926 Construction 1928 Agriculture Follow the OSHA standards and requirements OSHA standards cover: General Industry Construction Maritime Some agricultural activities OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Duties - Section 5 Where OSHA has not promulgated specific standards, employers are responsible for following the Act's General Duty Clause {Section 5(a)(1)}. ”Each employer - shall 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 his employees." (Employers) (2) shall comply with occupational safety and health standards promulgated under this Act. 5(b) Each employee shall comply with occupational safety and health standards promulgated under this Act. OSHA Office of Training & Education OSHA / SAM

Inspections, Investigations & Recordkeeping - Section 8
Introduction to OSHA 3/25/2017 Inspections, Investigations & Recordkeeping - Section 8 8(a) OSHA representatives are authorized: (1) To enter without delay, at reasonable times, & (2) To inspect during regular working hours and at reasonable times and to question privately employers and employees 8(b) Subpoena power 8(c) Recordkeeping and posting 8(f) Employees right of complaint NOTE: Marshall v. Barlow’s decision [1978] requires warrant if denied entry. CSHO’s can inspect all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee. Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this Act OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Citations - Section 9 (a) If an employer violates Section 5 of Act or any standard, a citation will be issued. Each citation will: Be in writing Describe the particular violation Fix a reasonable abatement period (b) Posting of citations (c) Time limit - 6 months to issue citation Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Act, standard, rule, regulation, or order alleged to have been violated. In lieu of a citation, a Notice may be provided for certain de minimis violations. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Enforcement - Section 10 (a) Employers right of contest; Citations can be contested before the Safety and Health Review Commission, an independent quasi-judicial branch of the Department of Labor (c) Employee’s right of contest of abatement dates The Area Director will notify the employer by certified mail of the penalty, if any, proposed to be assessed under section 17 and that the employer has fifteen working days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond his reasonable control, OSHA may grant more time. OSHA Office of Training & Education OSHA / SAM

Judicial Review - Section 11
Introduction to OSHA 3/25/2017 Judicial Review - Section 11 (a) Appeals & review of Commission order (c) Prohibits discrimination against employees filing complaints under OSHA Decisions of the Safety and Health Review Commission may be appealed in Federal court of appeals. Appeals do not halt commencement of Commission orders unless the appeals court specifically grant a stay. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Penalties Section 17 Penalties increased in 1990 ‘Willful’ & ‘repeated’ violations-maximum $ 70K Minimum $ 5,000 – ‘Willful’ ‘Serious’ & ‘Other than Serious’ to $ 7,000 Failure to abate –max of $ 7000/day violation continues For giving advance notice without authority, a max. of $ 1,000 or imprisonment for not more than 6 months, or both False statements or false documents, maximum $ 10,000, or up to six months in prison, or both Serious Violation: Substantial probability that death or serious physical harm could result. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Title 29 Title 29 is set aside for OSHA The regulations are broken down into Parts Part 1926, are the “Construction Standards” Each Part is then broken into major Subparts OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Part 1926 Major Subparts Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Part 1926 Major Subparts Subpart I - Tools – Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators and Conveyors OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Part 1926 Major Subparts Subpart O - Motor Vehicles Subpart P - Excavations Subpart Q - Concrete and Masonry Construction Subpart R - Steel Erection Subpart S - Underground Construction Subpart Z - Stairways and Ladders Each Subpart is then broken down into Sections OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Reading Standards 29 CFR (g)(4)(i) 29 United States Code Title CFR Code of Federal Regulations 1926 Part - Part 1926 covers Construction {Subpart: Subpart L - Scaffolds} 451 Section Number; General Requirements (g) Major Paragraph; Fall Protection (4) Paragraph Subsection; Guardrail Systems (i) Guardrail systems shall be installed along all open sides and ends of platforms. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 29 CFR (j) (4) (ii) (C) (1) Lower Case Alphabetical Arabic Number Lower Case Roman Major paragraphs of sections are lower case alphabetical Major sections within paragraphs are Arabic numbers Paragraph section subdivisions are in lowercase Roman Subdivision sections are given upper case alphabetical Subsections of subdivisions are Italicized Arabic numbers Upper Case Alphabetical Italicized Arabic Number OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Recordkeeping OSHA Office of Training & Education OSHA / SAM

Recordkeeping and Reporting
Introduction to OSHA 3/25/2017 Recordkeeping and Reporting Employers of 11+ employees must maintain records of occupational injuries & illnesses All employers must display the OSHA poster Must report any accident resulting in a fatality or in-patient hospitalization of 3 or more employees within 8 hrs. 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: , Reporting fatalities and multiple hospitalization incident , Annual OSHA injury and illness survey (if specifically requested to do so by OSHA) , Bureau of Labor Statistics (BLS) Annual Survey (if specifically requested to do so by BLS) OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Recordkeeping Forms 300 Log maintained on a calendar year basis 300A Summary for the previous year must be posted from February through April Must be maintained for 5 years at the establishment and be available for inspection by OSHA, National Institute for Occupational Safety and Health (NIOSH), and BLS. Logs must be updated to reflect any changes that occur. Maintain and post the Log in your workplace. Do not send any recordkeeping forms to OSHA or any other agency unless you are asked to do so. When conducting its annual survey, the BLS may send you a form in the mail, which must be completed and returned to them. OSHA Recordkeeping Forms OSHA 300 Log OSHA 300A Summary OSHA 301 Incident Report OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA What are workers’ responsibilities? 3/25/2017 Read the OSHA poster Follow employer’s safety & health rules Wear or use all required gear and equipment Follow safe work practices, as directed by your employer Report hazardous conditions Report hazardous conditions to OSHA, if employers do not fix them Cooperate with OSHA inspectors OSHA Worker's web page: (see OSHA Workers' web page for more information) OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 OSHA Workers' Page OSHA’s Workers’ web page: Includes: - How to file a complaint - Rights and responsibilities - OSHA resources OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 What are workers’ rights? Identify & correct problems, working with their employers whenever possible To complain to OSHA about workplace conditions threatening their health or safety - in person, by telephone, by fax, by mail or electronically through OSHA’s web site Section 11(c) of the OSH Act gives workers the right to seek safe and healthful conditions on the job without being disciplined or fired (see OSHA Workers' web page for more information) OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 What are employers’ rights & responsibilities? Provide a workplace free of recognized hazards Follow the OSHA standards The OSH Act grants employers important rights, particularly during and after an OSHA inspection Employers must provide training, medical examinations and recordkeeping OSHA maintains confidentiality of employers’ trade secrets. Both employers and employees may submit information or comments to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing For more information, consult OSHA publications -- No. 2056, All About OSHA and -- No. 3000, Employers Rights and Responsibilities Following An OSHA Inspection. OSHA Office of Training & Education OSHA / SAM

Competent Person in Construction
Introduction to OSHA Competent Person in Construction 3/25/2017 A person who; Knows the right standard, Can identify hazards in the operation, and Is designated by the employer, and has the authority to take appropriate actions. "Competent Person" is found in many standards. Some standards set specific requirements for the "competent person." See: The term "Competent Person" is used in many OSHA standards and documents. As a general rule, the term is not specifically defined. See Definitions; (f) – Competent Person In a broad sense, an OSHA competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions (see ). Some standards add additional specific requirements which must be met by the competent person. OSHA Office of Training & Education OSHA / SAM

Workplace Inspections
Introduction to OSHA 3/25/2017 Workplace Inspections Establishments covered by the OSH Act are subject to inspection by OSHA compliance safety and health officers (CSHOs) Most inspections are conducted without advance notice Inspection Priorities: - Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures) - Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees) - Employee Complaints/Referrals - Programmed High-Hazard Inspections - Follow-ups to previous inspections OSHA Office of Training & Education OSHA / SAM

What Types of Hazards are Addressed in Standards?
Introduction to OSHA 3/25/2017 What Types of Hazards are Addressed in Standards? Electrical Cranes Falls Excavation Confined Spaces Scaffolding Machines Stairways & Ladders Chemical Physical OSHA Office of Training & Education OSHA / SAM

Employer may Qualify for "Focused Inspection"
Introduction to OSHA 3/25/2017 Employer may Qualify for "Focused Inspection" Has to meet certain conditions Adequate S&H program AND Designated competent person Inspector will "focus" on these four hazard areas: Falls Struck by Caught in/between Electrical See: Effective October 1, 1994, all construction inspections shall have opening conferences consistent with current agency procedures, and then shall proceed as follows: During all inspections, CSHO's shall determine whether or not there is project coordination by the general contractor, prime contractor, or other such entity that includes: an adequate safety and health program/plan that meets the guidelines set forth below, and a designated competent person responsible for and capable of implementing the program/plan. If the above general contractor, prime contractor, or other such entity meets both of these criteria, then a focused inspection shall be made. When either of these criteria is not met, then the inspection shall proceed in accordance with previously established procedures for comprehensive inspections as stated in CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM), chapter II section A.1.b. The leading hazards are: falls, (e.g., floors, platforms, roofs) struck by, (e.g., falling objects, vehicles) caught in/between (e.g., cave-ins, unguarded machinery, equipment) electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring) OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Inspection Process CSHO displays official credentials Opening conference Walk-around inspection Closing conference OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Conducting the Walkaround Inspection CSHO & accompanying representatives (employer and employee) inspect for potentially hazardous working conditions CSHO discusses possible corrective actions CSHO may consult, at times privately, with employees Selecting Employee Representatives If Then . . . employees are represented by a the union will designate the employee recognized bargaining representative, representative to accompany the CSHO. there is a site safety committee and the employee committee members or the no recognized bargaining representative, employees at large will designate the employee representative. there is neither a recognized bargaining the employees themselves may select their representative nor a plant safety representative, or the CSHO will determine committee, if any other employees would suitably represent the interests of employees. there is no authorized employee the CSHO must consult with a reasonable representative number of employees concerning S&H matters in the workplace. Such consultations may be held privately. OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 What Happens After an OSHA Inspection? May or may not issue citations Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer - After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed. - Citations and notices of proposed penalties are sent to employers by certified mail. OSHA Office of Training & Education OSHA / SAM

Sources of Assistance Introduction to OSHA 3/25/2017 OSHA web site ( Consultation assistance Federal and State area offices Speakers, publications, a/v aids, technical advice Training and education OSHA Training Institute (OTI) and the OTI Education Centers OSHA Outreach Training Program OSHA Office of State Programs Voluntary Protection Programs OSHA Office of State Programs Approves and monitors State job safety and health programs as provided for by Section 18 of the OSH Act. Voluntary Protection Programs The Voluntary Protection Programs (VPP) are designed to recognize and promote effective safety and health management. In the VPP, management, labor, and OSHA establish a cooperative relationship at a workplace that has implemented a strong program. OSHA Office of Training & Education OSHA / SAM

OSHA Web Site (www.osha.gov)
Introduction to OSHA 3/25/2017 OSHA Web Site ( About OSHA (events, what’s new . . .) Compliance Assistance (regulations, directives, consultation, eTools, training . . .) Cooperative Programs (VPP, partnerships …) News Room (publications, news releases . . .) Safety / Health Topics (technical links to various topics) Statistics (Inspection data, BLS survey link ...) OSHA Office of Training & Education OSHA / SAM

Where to Get OSHA Standards
Introduction to OSHA 3/25/2017 Where to Get OSHA Standards Federal Register in public libraries or at GPO web site CD-ROM subscription through U.S. Government Printing Office (GPO) Code of Federal Regulations (CFR) in public libraries and through GPO OSHA web site - OSHA standards, interpretations, directives ( GPO Information: Phone: (202) Web site: OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA Consultation Assistance 3/25/2017 Provided at no cost Developed for smaller employers with more hazardous operations Delivered by state government agencies or universities employing professional safety and health consultants No penalties are proposed or citations issued Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger For further information: OSHA Office of Training & Education OSHA / SAM

OSHA Emergency Hot-Line 1-800-321-OSHA
Introduction to OSHA 3/25/2017 OSHA Emergency Hot-Line OSHA Report workplace safety or health fatalities or the hospitalization of 3 or more employees Report a workplace hazard File a complaint about a workplace hazard Request information on OSHA Request an OSHA publication Imminent danger is any condition where there is reasonable certainty a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. OSHA gives top priority to imminent danger situations. When a call is made to the hot line number, it is important to give as much information as is known about the emergency, including: Complete description of the hazard Name and location of the establishment Duration of the hazard (Is it still going on? When will it end?) Type of operation Contact phone number (company or personal) See Fact Sheet No. OSHA 95-44 OSHA Office of Training & Education OSHA / SAM

Introduction to OSHA 3/25/2017 Summary OSHA helps save lives and prevent injuries OSHA balances a cooperative approach with traditional enforcement OSHA standards are the enforceable requirements for worker safety and health Inspections are OSHA’s way to ensure compliance OSHA offers various means of assistance OSHA Office of Training & Education OSHA / SAM

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