Introduction to OSHA

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Introduction to OSHA

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1. OSHA Office of Training & Education 1 Introduction to OSHA This presentation is designed to assist trainers conducting OSHA 10-hour Construction Industry outreach training for workers. Since workers are the target audience, this presentation emphasizes hazard identification, avoidance, and control – not standards. No attempt has been made to treat the topic exhaustively. It is essential that trainers tailor their presentations to the needs and understanding of their audience. This presentation is not a substitute for any of the provisions of the Occupational Safety and Health Act of 1970 or for any standards issued by the U.S. Department of Labor. Mention of trade names, commercial products, or organizations does not imply endorsement by the U.S. Department of Labor.This presentation is designed to assist trainers conducting OSHA 10-hour Construction Industry outreach training for workers. Since workers are the target audience, this presentation emphasizes hazard identification, avoidance, and control – not standards. No attempt has been made to treat the topic exhaustively. It is essential that trainers tailor their presentations to the needs and understanding of their audience. This presentation is not a substitute for any of the provisions of the Occupational Safety and Health Act of 1970 or for any standards issued by the U.S. Department of Labor. Mention of trade names, commercial products, or organizations does not imply endorsement by the U.S. Department of Labor.

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3. OSHA Office of Training & Education 3 Source: OSHA Publication 2056, All About OSHA Source: OSHA Publication 2056, All About OSHA

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6. OSHA Office of Training & Education 6 State plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are “at least as effective as” the federal OSHA program. States with approved plans cover most private sector employees as well as state and local government workers in the state. Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site (www.osha.gov). Also not covered by OSHA: - Employees whose working conditions are regulated by other federal agencies. These include mine workers, certain truckers and rail workers, and atomic energy workers - Public employees in state and local governments (except for states with approved plans) These include fire fighters, police, and other public servants. State plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are “at least as effective as” the federal OSHA program. States with approved plans cover most private sector employees as well as state and local government workers in the state. Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site (www.osha.gov). Also not covered by OSHA: - Employees whose working conditions are regulated by other federal agencies. These include mine workers, certain truckers and rail workers, and atomic energy workers - Public employees in state and local governments (except for states with approved plans) These include fire fighters, police, and other public servants.

7. OSHA Office of Training & Education 7 OSHA Standards OSHA develops and enforces standards that employers must follow. Where OSHA does not have standards, employers are responsible for following the OSH Act's General Duty Clause. States with OSHA-approved programs must set standards at least as effective as federal standards. General Duty Clause... Each employer "shall furnish . . . a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees." General Duty Clause... Each employer "shall furnish . . . a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees."

8. OSHA Office of Training & Education 8 What does OSHA Require? Determine which standards apply to your workplace Follow the OSHA standards and requirements OSHA standards cover: - General Industry - Construction - Maritime - Some agricultural activitiesOSHA standards cover: - General Industry - Construction - Maritime - Some agricultural activities

9. OSHA Office of Training & Education 9 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: 1904.39, Reporting fatalities and multiple hospitalization incident 1904.41, Annual OSHA injury and illness survey (if specifically requested to do so by OSHA) 1904.42, Bureau of Labor Statistics (BLS) Annual Survey (if specifically requested to do so by BLS) 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: 1904.39, Reporting fatalities and multiple hospitalization incident 1904.41, Annual OSHA injury and illness survey (if specifically requested to do so by OSHA) 1904.42, Bureau of Labor Statistics (BLS) Annual Survey (if specifically requested to do so by BLS)

10. OSHA Office of Training & Education 10 Must be maintained for 5 years at the establishment and be available for inspection by OSHA, National Institute for Occupational Safety and Health (NIOSH), and BLS. Logs must be updated to reflect any changes that occur. Maintain and post the Log in your workplace. Do not send any recordkeeping forms to OSHA or any other agency unless you are asked to do so. When conducting its annual survey, the BLS may send you a form in the mail, which must be completed and returned to them. OSHA Recordkeeping Forms OSHA 300 Log OSHA 300A Summary OSHA 301 Incident Report Must be maintained for 5 years at the establishment and be available for inspection by OSHA, National Institute for Occupational Safety and Health (NIOSH), and BLS. Logs must be updated to reflect any changes that occur. Maintain and post the Log in your workplace. Do not send any recordkeeping forms to OSHA or any other agency unless you are asked to do so. When conducting its annual survey, the BLS may send you a form in the mail, which must be completed and returned to them. OSHA Recordkeeping Forms OSHA 300 Log OSHA 300A Summary OSHA 301 Incident Report

11. OSHA Office of Training & Education 11 OSHA Worker's web page: www.osha.gov/as/opa/worker/index.htmlOSHA Worker's web page: www.osha.gov/as/opa/worker/index.html

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13. OSHA Office of Training & Education 13 OSHA’s Workers’ web page: www.osha.gov/as/opa/worker/index.html Includes: - How to file a complaint - Rights and responsibilities - OSHA resources OSHA’s Workers’ web page: www.osha.gov/as/opa/worker/index.html Includes: - How to file a complaint - Rights and responsibilities - OSHA resources

14. OSHA Office of Training & Education 14 OSHA maintains confidentiality of employers’ trade secrets. Both employers and employees may submit information or comments to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing For more information, consult OSHA publications -- No. 2056, All About OSHA and -- No. 3000, Employers Rights and Responsibilities Following An OSHA Inspection. OSHA maintains confidentiality of employers’ trade secrets. Both employers and employees may submit information or comments to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing For more information, consult OSHA publications -- No. 2056, All About OSHA and -- No. 3000, Employers Rights and Responsibilities Following An OSHA Inspection.

15. OSHA Office of Training & Education 15 Competent Person in Construction A person who; Knows the right standard, Can identify hazards in the operation, and Is designated by the employer, and has the authority to take appropriate actions. "Competent Person" is found in many standards. Some standards set specific requirements for the "competent person." See: www.osha-slc.gov/SLTC/competentperson/index.html The term "Competent Person" is used in many OSHA standards and documents. As a general rule, the term is not specifically defined. In a broad sense, an OSHA competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions (see 1926.32). Some standards add additional specific requirements which must be met by the competent person. See: www.osha-slc.gov/SLTC/competentperson/index.html The term "Competent Person" is used in many OSHA standards and documents. As a general rule, the term is not specifically defined. In a broad sense, an OSHA competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions (see 1926.32). Some standards add additional specific requirements which must be met by the competent person.

16. OSHA Office of Training & Education 16 Workplace Inspections Establishments covered by the OSH Act are subject to inspection by OSHA compliance safety and health officers (CSHO's) Most inspections are conducted without advance notice Inspection Priorities: - Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures) - Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees) - Employee Complaints/Referrals - Programmed High-Hazard Inspections - Follow-ups to previous inspections Inspection Priorities: - Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures) - Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees) - Employee Complaints/Referrals - Programmed High-Hazard Inspections - Follow-ups to previous inspections

17. OSHA Office of Training & Education 17 What Types of Hazards are Addressed in Standards? Electrical Cranes Falls Excavation

18. OSHA Office of Training & Education 18 Employer may Qualify for "Focused Inspection" Has to meet certain conditions Inspector will "focus" on these four hazard areas: Falls Struck by Caught in/between Electrical See: www.osha-slc.gov/SLTC/construction_ecat/index.html Effective October 1, 1994, all construction inspections shall have opening conferences consistent with current agency procedures, and then shall proceed as follows: During all inspections, CSHO's shall determine whether or not there is project coordination by the general contractor, prime contractor, or other such entity that includes: an adequate safety and health program/plan that meets the guidelines set forth below, and a designated competent person responsible for and capable of implementing the program/plan. If the above general contractor, prime contractor, or other such entity meets both of these criteria, then a focused inspection shall be made. When either of these criteria is not met, then the inspection shall proceed in accordance with previously established procedures for comprehensive inspections as stated in CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM), chapter II section A.1.b. The leading hazards are: falls, (e.g., floors, platforms, roofs) struck by, (e.g., falling objects, vehicles) caught in/between (e.g., cave-ins, unguarded machinery, equipment) electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring) See: www.osha-slc.gov/SLTC/construction_ecat/index.html Effective October 1, 1994, all construction inspections shall have opening conferences consistent with current agency procedures, and then shall proceed as follows: During all inspections, CSHO's shall determine whether or not there is project coordination by the general contractor, prime contractor, or other such entity that includes: an adequate safety and health program/plan that meets the guidelines set forth below, and a designated competent person responsible for and capable of implementing the program/plan. If the above general contractor, prime contractor, or other such entity meets both of these criteria, then a focused inspection shall be made. When either of these criteria is not met, then the inspection shall proceed in accordance with previously established procedures for comprehensive inspections as stated in CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM), chapter II section A.1.b. The leading hazards are: falls, (e.g., floors, platforms, roofs) struck by, (e.g., falling objects, vehicles) caught in/between (e.g., cave-ins, unguarded machinery, equipment) electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring)

19. OSHA Office of Training & Education 19 Inspection Process CSHO displays official credentials Opening conference Walk-around inspection Closing conference

20. OSHA Office of Training & Education 20 Selecting Employee Representatives If . . . Then . . . employees are represented by a the union will designate the employee recognized bargaining representative, representative to accompany the CSHO. there is a site safety committee and the employee committee members or the no recognized bargaining representative, employees at large will designate the employee representative. there is neither a recognized bargaining the employees themselves may select their representative nor a plant safety representative, or the CSHO will determine committee, if any other employees would suitably represent the interests of employees. there is no authorized employee the CSHO must consult with a reasonable representative number of employees concerning S&H matters in the workplace. Such consultations may be held privately. Selecting Employee Representatives If . . . Then . . . employees are represented by a the union will designate the employee recognized bargaining representative, representative to accompany the CSHO. there is a site safety committee and the employee committee members or the no recognized bargaining representative, employees at large will designate the employee representative. there is neither a recognized bargaining the employees themselves may select their representative nor a plant safety representative, or the CSHO will determine committee, if any other employees would suitably represent the interests of employees. there is no authorized employee the CSHO must consult with a reasonable representative number of employees concerning S&H matters in the workplace. Such consultations may be held privately.

21. OSHA Office of Training & Education 21 - After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed. - Citations and notices of proposed penalties are sent to employers by certified mail. - After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed. - Citations and notices of proposed penalties are sent to employers by certified mail.

22. OSHA Office of Training & Education 22 OSHA Office of State Programs Approves and monitors State job safety and health programs as provided for by Section 18 of the OSH Act. Voluntary Protection Programs The Voluntary Protection Programs (VPP) are designed to recognize and promote effective safety and health management. In the VPP, management, labor, and OSHA establish a cooperative relationship at a workplace that has implemented a strong program. OSHA Office of State Programs Approves and monitors State job safety and health programs as provided for by Section 18 of the OSH Act. Voluntary Protection Programs The Voluntary Protection Programs (VPP) are designed to recognize and promote effective safety and health management. In the VPP, management, labor, and OSHA establish a cooperative relationship at a workplace that has implemented a strong program.

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24. OSHA Office of Training & Education 24 Where to Get OSHA Standards Federal Register in public libraries or at GPO web site CD-ROM subscription through U.S. Government Printing Office (GPO) Code of Federal Regulations (CFR) in public libraries and through GPO OSHA web site - OSHA standards, interpretations, directives (www.osha.gov) GPO Information: Phone: (202) 512-1800 Web site: www.osha.gov/oshpubs/gpopubs.htmlGPO Information: Phone: (202) 512-1800 Web site: www.osha.gov/oshpubs/gpopubs.html

25. OSHA Office of Training & Education 25 For further information: www.osha-slc.gov/html/consultation.htmlFor further information: www.osha-slc.gov/html/consultation.html

26. OSHA Office of Training & Education 26 Imminent danger is any condition where there is reasonable certainty a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. OSHA gives top priority to imminent danger situations. When a call is made to the hot line number, it is important to give as much information as is known about the emergency, including: Complete description of the hazard Name and location of the establishment Duration of the hazard (Is it still going on? When will it end?) Type of operation Contact phone number (company or personal) See Fact Sheet No. OSHA 95-44 Imminent danger is any condition where there is reasonable certainty a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. OSHA gives top priority to imminent danger situations. When a call is made to the hot line number, it is important to give as much information as is known about the emergency, including: Complete description of the hazard Name and location of the establishment Duration of the hazard (Is it still going on? When will it end?) Type of operation Contact phone number (company or personal) See Fact Sheet No. OSHA 95-44

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