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All About TOSHA

All About TOSHA. Basic Information About Tennessee OSHA.

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All About TOSHA

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  1. All About TOSHA Basic Information About Tennessee OSHA

  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 PREVENTING INJURIES AND ILLNESSES TOSHA’s Purpose 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. President Nixon Signs the Occupational Safety and Health Act Into Law

  6. 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 Isl. Virginia Washington Wyoming Connecticut, New Jersey, and New York are public sector only

  7. TOSHA Offices

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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. Differences Between TOSHA and OSHA • TOSHA allows 20 calendar days after receipt of citations to hold an informal conference and/or notify TOSHA of the contestment of citations

  16. 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.

  17. 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

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

  19. Special Inspections • Special Emphasis Programs • Fall Protection • Trenching and Excavation • Occupational Noise • Carbon Monoxide • Amputations • Targeting Initiatives • Metal Working Industries • Construction • Sharps Injury Prevention in Hospitals and Ambulatory Surgical Treatment Centers

  20. 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

  21. Citations • Issued for all apparent violations of TOSHA standards and regulations • Issued for first incidence of violations • Often are accompanied by monetary penalties • Issued within 6 months (usually less) of the violation • Arrive by certified mail (return receipt)

  22. TOSHA’s Penalty Structure

  23. Penalty Adjustment Factors • These adjustments are made before the citation is issued • Size--maximum 50% reduction (25 or fewer employees) • Good faith--maximum 50% reduction (effective safety and health efforts prior to the inspection) • History--maximum 10% reduction (lack of history of previous violations) • Maximum reduction attainable is 90%

  24. Appeal—Level 1 • Informal conference • Informal meeting with the Administrator of TOSHA (or representative) to discuss inspection findings and /or monetary penalties • Must be requested and held with 20 days of receipt of citation(s)

  25. Appeal--Level 2 • Citations and penalties may be contested • Written Notification of Contestment must be received in the Nashville Office within 20 days of receipt of the citation(s) • Contestments are set for a hearing before the Tennessee Occupational Safety and Health Review Commission

  26. Further Appeals • Chancery Court-Davidson County • State Court of Appeals • State Supreme Court

  27. Required Postings • “It’s The Law” Poster • Citations • Notice of Informal Conference • OSHA 300A Form

  28. Recognition Programs • Volunteer STAR Award • SHARP Award • Governor’s Award • Commissioner’s Award

  29. Volunteer STAR • The Voluntary Protection Program (VPP) • Also known as the Volunteer STAR award • Designed to recognize and promote effective safety and health management • Cooperative relationship between management, labor, and TOSHA • For companies with a strong safety and health program

  30. Volunteer STAR Criteria • Management Leadership And Employee Involvement • Worksite Analysis • Hazard Prevention And Control • Safety And Health Training

  31. SHARP • S - Safety • H - Health • A - Achievement • R - Recognition • P - Program

  32. SHARP • Open to smaller companies with limited resources • Must make a commitment to significant safety and health improvement in the workplace

  33. Governor’s/Commissioner’s Award of Excellence • Open to manufacturing and construction firms • Commissioner’s Award • No lost time injuries or illnesses* • Governor’s Award • No lost time or restricted/transferred duty injuries or illnesses* *Based on worker-hours worked

  34. Need Help? • Call TOSHA Consultative Services for on-site compliance assistance • Who qualifies? Facilities with: • Less than 500 employees corporate-wide and • Less than 250 employees at the facility

  35. Consultative Services • No Cost • No Citations • No Penalties • Employer Must Agree To Correct Hazards • Call 1-800-325-9901

  36. Call TOSHA • 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 • Consultative Services 1-800-325-9901

  37. Web Resources • Federal OSHA • www.osha.gov • TOSHA • www.tennessee.gov/labor-wfd/tosha • Centers for Disease Control • www.cdc.gov • National Institute of Occupational Safety and Health • www.cdc.gov/niosh

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