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Nearly 50 American workers are injured every minute of the 40-hour work week and almost 17 die each day (OSHA) In 2003: 111 million workers at 7 million sites In 2003: OSHA Inspectors: 1,123. General Duty Clause.

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General Duty Clause 40-hour work week and almost 17 die each day (OSHA)

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

* Responsibility of employers to identify problems that the government does not identify


Types of Standards 40-hour work week and almost 17 die each day (OSHA)

  • Interim: Standards developed early after the Act was passed

  • Permanent: Standards Developed through a long, intricate process; difficult to remove them once they are established.

  • Emergency: Issued by the Department of Labor if it is determined that workers are exposed to hazards that pose a grave danger. After developed, these standards must go through hearings to establish a permanent standard within a 6-month time frame.


Variances 40-hour work week and almost 17 die each day (OSHA)

(e.g., applied for when a company cannot comply with a standard)

  • Temporary

  • 1) Company establishes plans and a time table for compliance

  • 2) Company presents evidence as to why they cannot comply with a standard by a given deadline

  • Company presents information to employees regarding their inability to comply and of their right to contest the company’s application for a variance

  • Permanent

  • Can be received if the company can provide evidence that the same degree of safety can be attained by some alternative (e.g., method, material)


Inspections 40-hour work week and almost 17 die each day (OSHA)

  • Why are they conducted?

  • A reported or recognized situation presenting "Imminent Danger" to the safety of employees

  • Following a fatality or a catastrophic incident

  • In response to employee complaints or referrals

  • Programmed Inspections determined by OSHA criteria. (i.e., injury rates above industry average; on the list of targeted industries)

  • [Recordkeeping, Accuracy of data]

1) No notification of an inspection is allowed

2) Company and an employee representative accompany the inspector

3) Inspector can enter and investigate any location within the company (is not required to go beyond the specific complaint area)


Citation contents 40-hour work week and almost 17 die each day (OSHA)

  • Specific nature of the violation

  • Penalties involved

  • Abatement period (time frame to eliminate the hazard)


Types of Violations 40-hour work week and almost 17 die each day (OSHA)

Willful: A violation that the employer intentionally and knowingly commits. Willful violations carry penalties of $5,000 to $70,000. 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. A penalty must be proposed and can range up to $7,000 per serious violation.

Repeat: A violation of any standard, regulation, rule or order where, upon reinspection, a substantially similar violation is found. Repeated violations can bring penalties of up to $70,000. Failure to Abate: Failure to correct a prior violation may result in civil penalties of up to $7,000 per day for each day the violation continues beyond the prescribed abatement date.

Other: A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. Penalties are discretionary, but may range up to $7,000.


Employer Responsibilities 40-hour work week and almost 17 die each day (OSHA)

Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSHA Act. Examine workplace conditions to make sure they conform to applicable OSHA standards.

Make sure employees have and use safe tools and equipment and properly maintain this equipment.

Use color codes, posters, labels or signs to warn employees of potential hazards.

Establish or update operating procedures and communicate them so that employees follow safety and health requirements.

Provide medical examinations and training when required by OSHA standards.

Post, at a prominent location within the workplace, the OSHA poster (or the state-plan equivalent) informing employees of their rights and responsibilities.


Employer Responsibilities (cont.) 40-hour work week and almost 17 die each day (OSHA)

Report to the nearest OSHA office within 8 hours any fatal accident or one that results in the hospitalization of three or more employees.

Keep records of work-related injuries and illnesses. (Note: Employers with 10 or fewer employees and employers in certain low-hazard industries are exempt)

Provide employees, former employees and their representatives access to the Log of Work-Related Injuries and Illnesses (OSHA Form 300).

Provide access to employee medical records and exposure records to employees or their authorized representatives.

Provide the OSHA compliance officer the names of authorized employee representatives who may accompany the compliance officer during an inspection. Not discriminate against employees who exercise their rights under the Act. Post OSHA citations at or near the work area involved. Each citation must remain posted until the violation has been corrected, or for three working days, whichever is longer. Post abatement verification documents or tags.


OSHA --- Some Issues 40-hour work week and almost 17 die each day (OSHA)

  • Frequency of inspections

  • Adequacy of fines

  • Cost – Benefit assessment

  • Cause and effect determination (e.g., time factor, type of injury, type of illness)

  • E) Workers compensation and ability to sue


Occupation Fatalities [Per 100,000 Workers] 40-hour work week and almost 17 die each day (OSHA)

1. Timber cutters 117.8

2. Fishers 71.1

3. Pilots and navigators 69.8

4. Structural metal workers 58.2

5. Drivers-sales workers3 7.9

6. Roofers 37

7. Electrical power installers 32.5

8. Farm occupations 28

9. Construction laborers 27.7

10. Truck drivers 25


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