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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 L29945
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1. All About TOSHA Basic Information About Tennessee OSHA
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 employees are 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