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

3. 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

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

5. 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

6. 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

7. 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

8. Is there a need for OSHA?

9. 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

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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

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

23. 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

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

25. 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

26. 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

27. 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

28. 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

29. 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

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

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

32. 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

33. 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

34. 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:
, 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)

35. 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.

36. 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.

37. Topic 4: What do the OSHA Standards Say?

38. 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

39. 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

40. 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

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

42. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)
Powered industrial trucks, general industry (29 CFR )
Ladders, construction (29 CFR )
Electrical systems design, general requirements, general industry (29 CFR )
Machines, general requirements, general industry (29 CFR )

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

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

45. Violations OSHA Observes

46. 1926.501(b)(13) Residential Fall Protection

47. Scaffold fall protection, planking, and access

48. 1926.503(a)(1) Fall Protection Training

49. 1926.501(b)(1) – Fall protection, general

50. 1926.652(a)(1) Cave-in protection

51. 1926.652(a)(1) Cave-in protection

52. 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

53. 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

54. 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

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

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

57. 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

58. 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

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

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

61. 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

62. 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

63. 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

64. 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

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

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

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

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

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

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

71. 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

72. Compliance Assistance Specialists in the area offices
OSHA website: 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

73. 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

74. OFFICES in ILLINOIS AURORA - (630) 896-8700
CALUMET CITY - (708)
CHICAGO NORTH - (847)
PEORIA - (309)
FAIRVIEW HEIGHTS - (618)
REGION V - (312)

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

77. OSHA Resources OSHA Consultation Programs www.osha.gov
osha (hot line)
Consultation Programs
Illinois: Department of Commerce & Economic Opportunity
(800) or (312)
www2.illinoisbiz.biz/osha/index.htm
Indiana: INSafe
(317)

78. 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

79.
Handout #1 & #10

80. Partnerships and Other Cooperative Programs
Alliances
Strategic Partnerships
Voluntary Protection Programs

81. 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

82. OSHA Campaigns

83. QUESTIONS?

84. Post Test