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Introduction to OSHA

Subpart C 29 CFR 1926.20-1926.35. Introduction to OSHA. Designed by:. Introduction to OSHA. The Williams-Steiger Occupational Safety & Health Act was passed by Congress in December, 1970. The act established the Occupational Health and Safety Administration (OSHA).

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Introduction to OSHA

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  1. Subpart C 29 CFR 1926.20-1926.35 Introduction to OSHA Designed by:

  2. Introduction to OSHA • The Williams-Steiger Occupational Safety & Health Act was passed by Congress in December, 1970. The act established the Occupational Health and Safety Administration (OSHA). • April, 1971- Enforcement of regulations began. • Purpose: To assure every employee a safe & healthful work environment.

  3. Introduction to OSHA • Prior to OSHA, job related accidents accounted for more than 14,000 worker deaths annually. • In 2004, 5703 workers were killed in the American workplace. • In 2004, 1224 construction workers died from workplace injuries (21%). • Only 7% of the workforce is in construction.

  4. Definition of Construction • Defined in 1926.32 & 1910.12 • "Construction work" means work for construction, alteration, and/or repair, including painting and decorating. • “Maintenance” is covered under the General Industry standards

  5. The “General Duty” Clause • OSH Act – Public Law 91-596 Dec. 29, 1970 Section 5 (a) (1): “Each employer must 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 employees.”

  6. Incorporation by Reference • Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…

  7. Most Frequently Cited Overall - 2004 • 501(b)(1)Unprotected sides and edges (1660) • 501(b)(13)Fall protection – Residential @ 6’ (1374) • 100(a) Head protection (1353) • 451(g)(1)Scaffolds – Fall protection (1232) • 451(e)(1)Scaffolds - Access (980) • 453(b)(2)(v)Aerial lifts – Body belt & lanyard (935) • 652(a)(1)Excavations-Protection of employees(907) • 451(b)(1)Scaffolds – Platform construction (892) • 503(a)(1)Fall hazards training program (851) • 1053(b)(1)Portable ladders 3ft above landing (802)

  8. Most Frequently Cited Subpart C - 2004 • 21(b)(2)Employee training programs (766) • 20(b)(2)Inspections by a competent person (586) • 20(b)(1)Initiate and maintain accident prevention programs (415) • 25(a)Housekeeping (193) • 28(a)Personal Protective Equipment (89)

  9. General RequirementsSubpart C • Employer cannot require employees to work in unsafe, hazardous, or unsanitary conditions. • Employer must have a safety program & conduct frequent and regular inspections by competent persons. • Most companies conduct written weekly inspections and daily informal inspections.

  10. General RequirementsSubpart C • Unsafe tools, machinery, material or equipment to be tagged or locked out of service, or physically removed from place of operation. • Employer must permit only employees qualified by training or experience to operate machinery and equipment.

  11. Housekeeping • Combustible scrap and debris must be removed at regular intervals. • Form and scrap lumber with protruding nails and all other debris, must be cleared from work areas, passageways, and stairs. • Containers must be provided for waste, trash, oily and used rags.

  12. Proper Housekeeping

  13. Poor Housekeeping

  14. Poor Housekeeping

  15. Means of Egress • Free and unobstructed egress at all exits must be maintained. • Exits cannot be locked. • Exits must be marked if direction to them is not immediately visible. • Means of egress must be maintained free of obstructions.

  16. Emergency Action Plans Must be written and cover the following at a minimum: • Escape procedures and routes • Procedures for employees who remain for critical functions • Procedures to account for all employees after evacuation • Means of reporting emergencies • Rescue and medical duties • Names or job titles of persons who can be contacted for further information

  17. Emergency Action Plans • Employer must establish an employee alarm system. • Employees must be trained in plan requirements. • Radios, Nextels, air horns, etc. can serve this purpose.

  18. Confined Space Entry • All employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment. • Guidelines are covered under OSHA General Industry Standard 1910.146. • A construction standard is expected this year.

  19. Confined Space Entry Confined Space: ….any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere.

  20. Manhole

  21. Competent Person • One who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authorityto take prompt corrective measures to eliminate them.

  22. Qualified Person • One who, by having a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the work. • i.e., a Professional Engineer, experienced foreman, etc.

  23. Fall Protection Scaffolding Trench & Excavation Respirator Use Cranes & Derricks Ladders Hearing Protection Welding & Cutting Electrical Concrete forms & Shoring Demolition Lead Ionizing Radiation Examples of Areas WithCompetent Person Requirements

  24. Training & Education • Employees must be trained in recognition, avoidance, and prevention of unsafe conditions and the regulations applicable to his/her work environment. • Employees required to handle or use poisons, caustics, toxic or flammable materials must be trained in safe handling.

  25. Training and Education OSHA recognized training programs: • OSHA 500 program established to “train the trainers”. • OSHA 10 & 30 hour programs established for employees and supervisors.

  26. WWW.OSHA.GOV • Agency home page • All companies OSHA history available as public record information • OSHA standards can be downloaded • Compliance directives and letters of interpretation available • Employee online complaint system • eTools (best practice guidelines)

  27. Types of Inspections • General Scheduled (random) • Complaint • Post-Incident (1 fatality or 3 injuries from 1 event) • Referral (news media, fire department, public…) • Special Emphasis (silica, falls, trenching..) • Focused (4 main hazards) • Follow-up (post citation)

  28. Focused Inspections • Allows compliance officers to spend less time with companies that have strong safety programs, and more time with companies that do not. • You must have a written safety program, implemented by a competent person, to qualify. • Results in shortened inspection process.

  29. Focused Inspections Inspection Focused on: (90% of fatalities) • Falls (floors, work platforms, roofs) 33% • Struck by (falling objects, vehicles) 22% • Caught in-between (cave-ins) 18% • Electrical (overhead lines, tools) 17%

  30. Rules of Construction • Contractors and subcontractors can make their own arrangements regarding who will do things such as; installing guardrails or providing drinking water, however: • Under no circumstance is the Prime Contractor relieved of overall responsibility for safety (1926.16).

  31. Multi-Employer Work SitePolicy • Exposing Employer - One whose employees are exposed to hazards (most often receives citation). • Creating Employer - One who actually creates the hazards. • Correcting Employer – One responsible for correcting the hazard. • Controlling Employer - One who is responsible for conditions on work site.

  32. Preplanning: OSHA will review the company’s history of citations May film or video from offsite Work Site: Compliance Officer must show credentials Will request entry, and explain the purpose of the visit Inspections, Citationsand Enforcement Inspection Sequence:

  33. Inspections, Citationsand Enforcement Opening Conference: • The Compliance Officer identifies the scope & type of inspection. • Will review OSHA required recordkeeping. • Opportunity to qualify for focused inspection. • Meet with a representative of each contractor.

  34. Inspections, Citationsand Enforcement Inspection Process: • Will tour the job/facility looking for hazards, will interview employees, collect photos/videos, and samples or measurements. • It is important for the employer to take the same photo as OSHA from several viewpoints.

  35. Closing Conference: The Compliance Officer may point out potential violations of the standards, and establish abatement dates for correction. Inspections, Citationsand Enforcement

  36. Inspections, Citationsand Enforcement • Decision to Issue Citation(s): The Compliance Officer completes report and proposes potential citations. This is reviewed by the Area Director who has final authority to issue citations/penalties.

  37. Inspections, Citationsand Enforcement Citation Issuance: • Will be received by the employer via registered mail within 180 days. • The employer can ask for an informal conference, within 15 days. • The employer must correct any citations within the abatement dates & pay penalty amount or contest citations.

  38. Types of Citations • Other than Serious - A violation that would not cause death or serious injury. • Serious - A violation where there is a high probability of death or serious injury. • Willful - A violation where death or serious injury could occur, and the employer knew, or should have known, the hazard existed.

  39. Types of Citations • Criminal Willful – “Flagrant disregard for safety….” Can result in 6 months jail time and $500,000 fine.

  40. Types of Citations • Repeat - A violation of any standard or rule where upon re-inspection within 3 years, a similar violation is found. • Failure to Abate - A violation for failure to correct a previous citation in a timely manner.

  41. Citation Penalties • Other than Serious - $0 - $7000 • Serious – Up to $7000 • Repeated - X2, X5, & X10

  42. Citation Penalties • Willful – Up to $70,000 • Egregious – Penalty amount multiplied times the number of employees exposed. (At this time, OSHA cannot use the egregious policy due to court decision however, this is under appeal). • Criminal Willful – Up to $500,000

  43. Citation Penalties • Failure to abate - (per calendar day $7000, to maximum $210,000) • Failure to report fatality - $5000 • Failure to post citation - $3000 • Failure to post on 300 log - $1000 / case

  44. What’s New Subpart C • 39,005 OSHA inspections conducted in 2003 • 75% resulted in issuance of serious, willful, or repeat violations

  45. Special Emphasis • Construction federal special emphasis program is focused on trenching

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