An introduction to industrial hygiene
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An Introduction to Industrial Hygiene. Trina Redford Industrial Hygienist National Naval Medical Center. Industrial Hygiene. Industrial Hygiene is defined as:

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An Introduction to Industrial Hygiene

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An introduction to industrial hygiene

An Introduction to Industrial Hygiene

Trina Redford

Industrial Hygienist

National Naval Medical Center


Industrial hygiene

Industrial Hygiene

  • Industrial Hygiene is defined as:

    The science and art devoted to the anticipation, recognition, evaluation, control, and management of those environmental factors or stresses, arising in or from the workplace, which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among citizens of the community.


Primary objective

Primary Objective

To protect the health and well being of employees by eliminating or reducing health hazards that arise from the workplace environment.


Health hazards

Health Hazards

  • Chemical

  • Biological (e.g., bacterial, viral, insects, animals, allergens)

  • Physical (e.g., radiation, pressure, noise vibration, temperature)

  • Ergonomic (e.g., repetitive motion, body stress)


Industrial hygiene is

Industrial Hygiene is…


Major disciplines

Major Disciplines

  • Engineering

  • Physics

  • Environmental Science

  • Chemistry

  • Biology


Legal aspects of occupational health industrial hygiene

Legal Aspects ofOccupational Health & Industrial Hygiene

  • Occupational Safety and Health Administration (OSHA), under the Department of Labor

  • Workers Compensation

  • Lawsuits


Overview of osha

Overview of OSHA

The act created:

  • OSHA

  • NIOSH

  • OSHRC

  • OSHA Legislation


Osha the agency responsible for

OSHA – The Agency Responsible For:

  • Promulgation Occupational Health and Safety Standards

  • Authorized to inspect workplaces and issue citations and civil penalties to employers who are not in compliance.


Niosh national institute of occupational safety and health

NIOSH – National Institute of Occupational Safety and Health

  • Is responsible for research on worker health and safety. NIOSH also recommends new standards to OSHA and supplies OSHA with scientific and technical expertise for the rule making process.


Oshcr the occupational safety and health review commission

OSHCR – The Occupational Safety and Health Review Commission

  • Set up as an independent agency having the responsibility to try OSHA cases and to hear appeals from decisions of administrative law judges.


The osha legislation

The “OSHA” Legislation

  • Employer Duties ( General )

  • Each employer shall furnish to each of his employees, 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.

    Every employer is required and obliged to comply with the requirements composed by the act.


The osha legislation1

The “OSHA”Legislation

  • OSHA Standards

    OSHA adapts and develops broad standards that apply to all industries.


Osha standards

OSHA Standards

These may be:

A. Performance Standards which

state the objective to be obtained

or the hazard to be abated.

These standards do not specify the

method of abatement or control.


Osha standards1

OSHA Standards

B. Specification Standards

These describe the specific means of hazard abatement. For example:

The PEL’s

(permissible exposure limits)


Workplace inspections

Workplace Inspections

OSHA inspections are made to determine whether employers comply with OSHA Standards, OSHA Regulations, and the general duty clause. Inspectors can issue citations which result in fines.


Know the law

Know the Law

  • The U.S. Department’s Wage and Hour Division enforces federal laws that regulate the hours and times adolescents may work.

Teens between 14 and 15 years old may work only outside school hours and between 7 am. and 7 pm. They are limited to 18 hours of work in a school week and 40 hours (eight hours each day) in a non-school week. Exceptions are made for those who participate in school supervised and administered “work experience” programs.


Know the law1

Know the Law

  • Youths under age 18 may not work in manufacturer and storage of explosives; slaughterhouses; jobs that require use of power-driven machines and cutters; radioactive operations; mining; logging and saw milling; brick and tile manufacturing; roofing; and excavation and demolition.

Youths between ages 16 and 17 are also prohibited from driving motor vehicles or working as outside helpers on motor vehicles as part of their job.


Types of work associated with teen work related injuries

Types of Work Associated with Teen Work – Related Injuries

  • Working in and around motor vehicles:

    Delivery, residential trash pickup, road maintenance, etc.

  • Operating tractors and heavy equipment:

    Tractors used on farms, backhoes, bulldozers, loaders, etc.

  • Working near electrical equipment:

    working near overhead power lines, working on roofs, operating boomed vehicles, etc.

  • Working at jobs with high risks for homicide:

    Working alone or in small numbers where money is exchanged.


Types of work associated with teen work related injuries1

Types of Work Associated with Teen Work – Related Injuries

  • Working jobs with fall hazards:

    using ladders and scaffolds, working on structures near openings, tree trimmings, etc.

  • Working around cooking appliances:

    cooking in restaurants, servicing cooking equipment, etc.

  • Working jobs requiring manual lifting:

    working in warehouses, furniture delivery, stocking, etc.


Worker s compensation

Worker’s Compensation

The first law which dealt with the health of workers, as a result of there work was the English Factory Acts of 1833.

These acts required that employers show concern for the health of their employees.

This concern however, was directed toward providing compensation for accidents. The laws did not focus on controlling the causes of these accidents.


Worker s compensation1

Worker’s Compensation

These laws lead to what we now have in the U.S. - Worker’s Compensation Acts in each State. These laws are based on their doctrine of exclusivity, which limits the common law remedy that the injured employee can pursue.


Worker s compensation2

Worker’s Compensation

In other words, in return for agreeing to forgo other legal remedies, workers are guaranteed a swift and sure payment, which covers loss of wages and medical expenses.


Liability

Liability

  • Torts – a private or civil wrong or injury.

  • Negligence – conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.

  • Intentional or fraudulent misrepresentations.

  • Breach of Contract – the deliberate breaching of the agreed upon circumstances or conditions.


Industrial hygienist as expert witness

Industrial Hygienist as Expert Witness

Definition A. - Definition of an Expert:

An expert is “a person who, through education, experience, and/or training, possesses specialized knowledge or skill in a specific field.”


Industrial hygienist as expert witness1

Industrial Hygienist as Expert Witness

Definition B. - Basis for Use of Experts:

“If scientific, technical or other specialized knowledge will assist the tier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”


Types of experts

Types of Experts

A. Several Classes of Experts:

There are several types of experts that an attorney may wish to retain. The first two are usually the type the attorney will retain:


1 trial experts

1. Trial Experts:

Experts retained or specially employed in anticipation of litigation, not expected to be a witness at trial:

a. Assist in framing and identifying the issues

and identifying strengths and weaknesses of

a case.

b. Assist in preparing for examination of

plaintiff’s expert in same area.

c. Assist in identifying other experts for defense

team.


Trial experts continued

Trial Experts (continued)

d. Special Qualifications: A trial

expert must possess:

(1). Superior communication

skills,both in listening to

questions and in answering

questions;

(2). Ability and willingness to

undergo lengthy pre-testimony

preparation;


Trial experts continued1

Trial Experts (continued)

(3). Ability and willingness to make

complex and complicated matters

understandable to a lay jury;

(4). Ability to perform “under fire”, as demonstrated either in previous trial testimony or, perhaps, from

performance at deposition.


2 consulting experts

2. Consulting Experts

Experts retained or specially employed in anticipation of litigation or preparation

for trial but not expected to identify at trial:


Consulting experts continued

Consulting Experts (continued)

a. May assist in framing and identifying

the issues and identifying strengths

and weaknesses of the case

b. May assist in preparing for examination

of plaintiff’s expert in same area

c. May assist in identifying other experts

for defense team

d. May assist in reviewing opposing experts’

opinions, articles, etc.


Consulting experts continued1

Consulting Experts (continued)

e. May assist in identifying “technical” issues,

industry regulations, requirements, etc.

f. May assist in developing cross- examination of

opponent’s expert witness(es).

g. May assist by attending that portion of the

trial when opponent’s expert witness in the

same area of expertise is testifying so as to

demonstrate to testifying expert that his/her

testimony is being carefully scrutinized.


Conclusion

CONCLUSION

  • QUESTIONS & DISCUSSION

    _____________________________________

    Trina Redford

    Industrial Hygienist

    National Naval Medical Center

    Naval Business Center, Bld. 615

    Philadelphia, PA


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