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TOSHA Overview

TOSHA Overview . Public Sector.

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TOSHA Overview

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  1. TOSHA Overview Public Sector

  2. TOSHA believes the information in this presentation to be accurate and delivers this presentation as a community service. As such, it is an academic presentation which cannot apply to every specific fact or situation; nor is it a substitute for any provisions of 29 CFR Part 1910 and/or Part 1926 of the Occupational Safety and Health Standards as adopted by the Tennessee Department of Labor and Workforce Development or of the Occupational Safety and Health Rules of the Tennessee Department of Labor and Workforce Development.

  3. SAVING LIVES TOSHA’s Purpose PREVENTING INJURIES AND ILLNESSES PROTECTING THE HEALTH OF TENNESSEE WORKERS

  4. TOSHA History • Congress Passed OSH Act in 1970 • OSHA was created within the Department of Labor • Allowed states to run their own OSHA programs • Tennessee assumed OSH responsibility in 1972 • Public Sector program established in 1974 • Final Tennessee state plan approved by Federal OSHA in 1985

  5. State Plan States Alaska Arizona California Connecticut Hawaii Indiana Iowa Kentucky Maryland Michigan Minnesota Nevada New Jersey New Mexico New York N. Carolina Oregon Puerto Rico S. Carolina Tennessee Utah Vermont Virgin Islands Virginia Washington Wyoming Connecticut, New Jersey, and New York are public sector only

  6. The Public Sector Program in Tennessee • All state employees • All college and university employees from the Tennessee Board of Regents and UT systems • All employees of state boards, commissions, agencies • Employees of public utilities that elect to be in the program • Employees of city and county governments that elect to be in the program • Employees of school systems that elect to be in the program

  7. What’s New for TBR • Database of Injuries • Compiled by Sedgwick James • Sedgwick James sends to Treasury Department • Treasury Department sends to TOSHA • TOSHA send to TBR safety director

  8. TOSHA Offices

  9. Scope • TOSHA standards and regulations apply to all places of employment where employeesare exposed to a hazard

  10. Employer’s Rights And Duties 1. The employer shall furnish a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees (T.C.A. 50-3-105) 2. Shall comply with the OSHA standards 3. Shall not restrict an inspection 4. May participate in standards development 5. Are entitled to review citations issued 6. May seek a variance to a standard 7. Are entitled to protection of trade secrets

  11. Employee’s Rights And Duties 1. Must comply with TOSHA standards/regulations 2. Can request an inspection 3. Be afforded appropriate protective measures(labels, control techniques, personal protective equipment, monitoring)to control exposures to biological or physical agents 4. Shall not be discharged or discriminated against for filing complaints with TOSHA 5. Has 20 days to object to a citation or to the result of an investigation 6. Has the right to refuse medical treatment on religious grounds

  12. Standards Title Part 29 CFR 1910 General Industry* 29 CFR 1926 Construction* 29 CFR 1928 Agriculture* 29 CFR 1915 Shipyard Employment** 29 CFR 1917 Marine Terminals** 29 CFR 1918 Longshoring** *Enforced by TOSHA ** Enforced by Federal OSHA in Tennessee

  13. Differences Between TOSHA and OSHA • Most TOSHA standards and regulations are the same as Federal OSHA’s (Section 29 Code of Federal Regulations, Part 1910) • However these parts of 29 CFR 1910 were not adopted by Tennessee • 1910.1 • 1910.2 • 1910.3 • 1910.4 • 1910.15 • 1910.16

  14. Differences Between TOSHA and OSHA • TOSHA enforces the Tennessee Hazardous Chemical Right-to-Know Law containing requirements in addition to those in Hazard Communication, 29 CFR 1910.1200 • Annual training on hazardous chemicals • Maintenance of training records • Labeling for non-containerized chemicals • Submission of chemical list to TOSHA upon request

  15. Differences Between TOSHA and OSHA • Tennessee’s Sharps Injury Prevention Law requires all users of needles to keep a Sharps Injury Log listing the type and brand of device in use when each sharps injury occurred • TOSHA enforces the Z-1-A tables of Permissible Exposure Limits on hazardous chemicals

  16. TOSHA Rules and Procedures • TOSHA Field Operations Manual • Rules: • 0800-1-1 through 0800-1-11 • 0800-1-5: • Safety and Health Provisions for the Public Sector

  17. General Duty Clause Each employer shall furnish to each of his (or her) employees conditions of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to his (or her) employees.

  18. General Duty Clause For the general duty clause to be used by TOSHA to cite a violation, there must be: 1) An exposed employee 2) A recognized hazard 3) The likelihood of death or serious physical harm 4) A feasible & useful method of abatement

  19. Inspections • All inspections are unannounced • Scheduling Priority • Imminent Danger • Fatalities/Catastrophes • Complaints/Referrals • Programmed Inspection • Special Emphasis Programs/ Targeting Initiatives

  20. Scheduling Inspections in Public Sector • Imminent Danger, Fatality, Catastrophe, Employee complaints • Monitoring Inspections- • Mandated every two years • TOSHA works through the safety officers

  21. Special Inspections • Special Emphasis Programs • Fall Protection • Trenching and Excavation • Occupational Noise • Carbon Monoxide • Amputations • Targeting Initiatives • Metal Working Industries • Sharps Injuries in Hospitals and Surgery Centers • Construction

  22. Inspections • Compliance officer shows credentials • Opening conference is held • Employer representative participates • Employee representative participates • Walkaround is conducted • Closing conference is held • Return for air or noise sampling may be necessary • Duration may be 1 day-6 months

  23. Notice of Unsafe or Unhealthy Working Conditions • Issued for all apparent violations of TOSHA standards and regulations • Issued for first incidence of violations • No monetary penalties • Issued within 6 months (usually less) of the violation • Arrive by certified mail (return receipt)

  24. Required Postings • “It’s The Law” Poster • Notice of Unsafe or Unhealthy Working Conditions • Notice of Informal Conference • OSHA 300A Form (February-April)

  25. Most Cited Violations Public Sector

  26. 1. No Visible Monthly Inspection of Fire Extinguishers

  27. 2. Poor Housekeeping

  28. 3. Conductors Unprotected and Openings Not Closed

  29. 4. No Covers on Pull Boxes, Junction Boxes, and Fittings

  30. 5. Missing Tongue Guard on Grinder

  31. 6. No Permanent or Continuous Electrical Path to Ground

  32. 7. No Written Exposure Control Plan

  33. 8. No Emergency Eye Wash or Shower • Required where corrosive chemicals may be splashed into the eyes and/or onto the skin

  34. 9. Missing Work Rest on Grinder

  35. 10. Portable Fire Extinguishers Not Accessible

  36. Resources How To Get Help

  37. For More Information • Memphis Office* 901-543-7259 • Jackson Office 731-423-5641 • Nashville Office* 615-741-2793 1-800-249-8510 • Knoxville Office * 865-594-6180 • Kingsport Office 423-224-2042 • Chattanooga* 423-634-6424 * Public Sector inspector • www.state.tn.us/labor-wfd/tosha • www.osha.gov

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