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Introduction to OSHA. O ccupational S afety and H ealth A dministration. Keeping Safe in the Workplace. Section I. Introduction. 2. OSHA. In 1970, Congress considered: Job-related accidents more than 14,000 worker deaths 2 ½ million workers disabled
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Introduction to OSHA Occupational Safety and Health Administration Keeping Safe in the Workplace
Section I Introduction 2
OSHA In 1970, Congress considered: • Job-related accidents more than 14,000 worker deaths • 2 ½ million workers disabled • 10 times as many person-days lost from job-related disabilities as from strikes • 300,000 new cases of occupational diseases 3
OSHA • Major losses • Production and wages • Medical expenses • Disability compensation • Human cost • Congress passed the Occupational Safety and Health Act (OSH Act) of 1970 4
Section II OSHA 5
OSHA’s mission • Encourage employers and employees to reduce workplace hazards and to implement new, or improve existing, safety and health programs 6
OSHA’s mission • Provide research to develop ways of dealing with occupational safety and health problems • Establish separate, but dependent responsibilities and rights for employers and employees to achieve better safety and health conditions 7
OSHA’s mission • Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses • Establish training programs to increase the number and competence of occupational safety and health personnel 8
OSHA’s mission • Develop mandatory job safety and health standards and enforce them effectively • Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 9
OSHA’s mission OSHA guarantees employers and employees the right to be fully informed, to participate actively and to appeal actions. 10
Section III OSH Act 11
OSH Act • Employer – any person engaged in a business affecting commerce who has employees, but does not include the U.S. or any state or political subdivision of a state 12
OSH Act • Not covered • self-employed persons • farms at which only immediate members of the farm employer’s family are employed • workplaces already protected by other federal agencies under other federal statutes 13
OSH Act • OSHA standards apply even if other federal agency is authorized to regulate • States encouraged to develop and operate, under OSHA guidance, state job safety and health plans 14
OSH Act • OSHA publicizes legally enforceable standards • Standards may require practices, means, methods or processes necessary and appropriate to protect workers on the job • General Duty Clause is used more in penalty enforcement 15
General Duty Clause • Employers: • furnish employees employment and place of employment free from recognized hazards that cause or are likely to cause death or serious harm to employees • Protect employees even if no OSHA standard applies to situation or if hazards exists after compliance (e.g., ergonomics) • Take additional steps toward safety 16
General Duty Clause • General Duty Clause • Extends OSHA’s authority beyond specific OSHA standards • Used when there is no specific standard that applies to recognized hazard • Used when standard exists, but hazards warrant additional precautions beyond what safety standards require 17
General Duty Clause • Employers make good faith efforts to correct existing workplace hazards and identify new hazards • Review accident and injury records to identify patterns • Investigate all accidents and injuries in workplace • Conduct job hazard analyses 18
General Duty Clause • Supervisors and managers can: • Document training efforts and conduct retraining • Establish employee safety committee • Assess whether process is still unsafe 19
Section IV Inspections 20
Workplace inspections • Knowledgeable and experienced compliance officers – trained in OSHA standards • No notice • Alerting employer can bring fines and/or jail 21
Workplace inspections • Special circumstances – notice of less than 24 hours • Imminent danger situations • Inspections that must take place after regular hours or require special preparation • Notice is required to assure that employer and employee rep are present 22
Workplace inspections • Special circumstances • Inspection must be delayed for more than 5 days with good cause • OSHA area director determines notice would produce more thorough inspection 23
Worksite inspections • Inform employee representative • Employer must admit compliance officer • Employer may not interfere with inspection • OSHA may not conduct warrantless inspections without consent 24
Inspection priorities • Imminent danger – any condition where there is reasonable certainty that danger exists that can cause death or serious physical harm immediately, or before danger can be eliminated 25
Inspection priorities • Catastrophes and fatal accidents – fatalities and accidents resulting in hospitalization of three or more employees • Must be reported within 8 hours 26
Inspection priorities • Employee complaints – alleged violations of standards or unsafe or unhealthful working conditions • Employee feels imminent danger • Employee feels there is a violation of standard that threatens physical harm 27
Inspection priorities • Employee complaints • OSHA will maintain confidentiality • OSHA will inform employee of action taken • OSH will hold informal review of decision not to inspect 28
Inspection priorities • Programmed inspections – inspections aimed at high hazard industries, occupations or health substances • Follow-up inspections – determine if previously cited violations have been corrected 29
Inspection priorities • Records review – examination of employer’s injury and illness records (OSHA 300 form) to determine whether to conduct workplace inspection 30
Inspections • Inspector’s credentials • Employer should request to see credentials • Credential has photo and serial number • Compliance officers may not collect penalty at time of inspection • Compliance officer may not promote sale of product or service 31
Inspections • Opening conference • Compliance officer explains how company selected and if it will be subject to safety inspection • Compliance officer explains purpose, scope and standards that apply • Employer asked to select employee representative. If no employee rep, compliance officer must consult with other employees 32
Inspections • Inspection process • Compliance officer and reps inspect for safety or health hazards • Officer determines route and duration of inspection • Officer may consult with employees, take photos, instrument readings, examine records, measure noise levels, etc. 33
Inspections • Inspection process • Compliance officer inspects records of deaths, injuries and illnesses (OSHA form 300-A) • Officer will explain requirements of Hazard Communication Standard • Officer will point out unsafe or unhealthful working conditions. Will discuss possible corrective action 34
Inspections • Closing conference • Includes compliance officer, employer and employee rep • Employer receives “rights and responsibility” booklet • Officer discusses unsafe or unhealthful conditions and will note violations for which citation may be issued • Officer will not indicate any specific penalties 35
Section V Citations and Penalties 36
Citations • Inform employers and employees of the regulations and standards alleged to have been violated and length of time set for abatement • Employer must post a copy 37
Citations • Appeals by employees may be made on: • decision not to issue a citation • time allowed for abatement of a hazardous condition • Employees may not contest a citation, but may submit a written objection • Employees may request informal conference with OSHA 38
Citations • Employers may request informal meeting with OSHA area director • Area director may propose settlement agreement 39
Penalties • Categories of Violations • serious • other-than-serious • willful • repeat • failure to abate 40
Penalties • Severity of violation and probability of injury or illness will determine base penalty. • Penalty amounts are proposed • Employers may contest penalty 41
Penalties • Additional violations for which citations and penalties may be issued • falsifying records • assaulting a compliance officer 42
Contesting a citation • Informal conference request • obtain a better explanation of the violations • obtain a more complete understanding of the specific standards that apply • negotiate and enter into an informal Settlement Agreement 43
Contesting a citation • Informal conference • Discuss ways to correct the violations • Discuss problems with the abatement dates • Discuss problems concerning employee safety practices • Resolve disputed citations and penalties 44
Contesting a citation • Notice of contest submitted with 15 working days of receipt • Notice of Contest must state: • what is being contested • which violations on the citation are being contested 45
Section VI Employer Responsibilities & Rights 46
Employer responsibilities • Meet the general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, and comply with standards, rules and regulations issued under the Act 47
Employer responsibilities • Be familiar with mandatory OSHA standards and make copies available to employees • Inform all employees about OSHA • Examine workplace conditions to make sure they conform to applicable standards • Minimize or reduce hazards 48
Employer responsibilities • Make sure employees have and use safe tools and equipment and that equipment is properly maintained • Use color codes, posters, labels or signs when needed to warn employees of potential hazards 49
Employer responsibilities • Establish or update operating procedures and communicate them so that employees follow safety and health requirements • Provide training required by OSHA standards • Provide medical examinations when required by OSHA standards 50