IENG 331 Regulatory Aspects

1
IENG 331 - Regulatory Aspects

• Carter J. Kerk, PhD, PE, CSP, CPE
• Industrial Engineering Program
• South Dakota School of Mines Technology

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Reading Assignment

• Chapter 4, 5, 8

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Regulatory Topics

• OSHA (Occupational Safety Health Act)
• Workers Compensation (State Reg)
• MSHA (Mine Safety Health Act)
• TOSCA (Toxic Substances Control Act)
• CPSC (Consumer Products Safety Commission)
• EPA (Environmental Protection Agency)

4
OSHA

• Williams-Steiger Occupational Safety Health Act
• passed in 1970
• created the Occupational Safety Health
  Administration
• in the Department of Labor
• read it at www.osha.gov
• OSHAct
• OSHAdministration

5
OSHAs Role

• Develop mandatory job SH standards and enforce
  them
• Maintain a reporting and recordkeeping system to
  monitor job-related injuries illnesses
• Encourage employers and employees to reduce
  workplace hazards and implement or improve SH
  programs
• Provide for research in occupational SH

6
OSHAs Role Continued

• Establish training programs to increase the
  number and competence of occupational SH
  personnel
• Establish separate but dependent responsibilities
  and rights for employers and employees to achieve
  better SH conditions
• Provide for state-level occupational SH programs
  in those states that want to control their own
  programs

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Broad Coverage of OSHAct

• Employers employees in the 50 states, DC,
  Puerto Rico, US territories under fed
  jurisdiction
• Coverage thru Fed OSHA or OSHA-approved state
  program
• Covers any person engaged in business affecting
  commerce who has employees, but does not include
  federal or state govt or political subdivision of
  a state
• 100 million employees, 6.5 million employers
• 900 compliance officers, 300 mil yearly budget

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Coverage Includes

• Manufacturing
• construction
• longshoring
• agriculture
• law
• medicine
• charity/disaster relief

• organized labor
• private education
• Religious organizations (who employ workers for
  secular purposes)

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Coverage Exemptions

• Self-Employed Persons
• Farms at which immediate members of the family
  are employed
• Businesses where other fed agencies regulate SH
  (ex nuclear)
• Federal, state, local governments
• except for state plan states

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State Programs

• States are allowed to develop operate
  state-level programs
• must adopt standards enforce requirements that
  are at least as effective as fed requirements
• upon approval, fed funds 50 of operating costs
• must cover state local employees

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Final Approval States

• Michigan
• Minnesota
• Nevada
• New Mexico
• North Carolina
• Oregon
• Puerto Rico
• South Carolina

• Alaska
• Arizona
• California
• Hawaii
• Indiana
• Iowa
• Kentucky
• Maryland

• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• Wyoming

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State ProgramsPublic Employees OnlyState and
Local Government

• Connecticut
• New Jersey
• New York
• Virgin Islands
• Private-sector employees remain under federal
  jurisdiction

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General Duty Clause

• Section 5. (a) Each Employer -
• (1) shall furnish to each of his employees
  employment and a place of employment which are
  free from recognized hazards that are causing or
  are likely to cause death or serious physical
  harm to his employees
• (2) shall comply with occupational SH standards
  promulgated under this Act

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GDC Cont.

• (b) Each employee shall comply with occupational
  SH standards and all rules, regulations, and
  orders issued pursuant to this Act which are
  applicable to his own actions and conduct.

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GDC Example

• Ergonomics
• Ergonomic Guidelines for the Meat Packing
  Industry
• OSHA compliance officers enforce the guidelines
  as if a standard
• court challenges often reduce the fines in these
  cases

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OSHA Standards

• 29 CFR Labor
• Code of Federal Regulations
• Vol I - General Industry Ag Standards
• Vol II - Maritime Stds
• Vol III - Construction Stds
• Vol IV - Other Regs Procedures
• Vol V - Field Operations Manual
• Vol VI - OSHA Technical Manual

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Standard Availability

• Check http//www.osha.gov/
• Library (see Government Documents)
• Federal Repository
• SDSMT Library is Partial Federal Repository
• has 29 CFR Labor
• Superintendent of Documents, Government Printing
  Office, Washington, DC 20402 [phone]
  (credit card orders accepted)

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Standards Development

• Own initiative
• Requests from
• NIOSH
• state and local governments
• ANSI, etc.
• NFPA
• employers
• labor organizations
• interested persons

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NIOSH

• National Institute for Occupational Safety
  Health
• research arm of OSHA
• out of CDC of the Department of Health and Human
  Services
• Purpose
• conduct research on SH problems
• provides technical assistance to OSHA
• recommends standards for OSHA adoption

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OSHA Standards Development

• When there are plans to propose, amend, or revoke
  a standard, it is published in the Federal
  Register www.access.gpo.gov/su_docs/aces/aces140.h
  tml
• Provide a timeline for public response
• Interested parties may request a public hearing
• May publish an Emergency Temporary Standard
• grave danger to new hazards
• for up to 6 months

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Variances for Employers

• Temporary
• due to shortages of materials, personnel, etc.
• or can prove their protection is gt OSHA
• lt 1 year, renewable twice
• Permanent
• can prove protection is gt OSHA
• Experimental
• to demonstrate or validate new SH techniques
• approved by OSHA or NIOSH

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OSHA Recordkeeping Recording

• OSHA 300 Log and Summary 300A
• OSHA Incident Report Form 301
• Must be completed in every workplace with gt10
  employees
• Recordkeeping is not required in specific
  low-hazard retail, service, finance, insurance,
  real estate

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Recordkeeping/Reporting Cont.

• All employers must
• comply with OSHA standards
• display the OSHA poster (8.5 x 14)
• report to OSHA within 8 hours any accident that
  results in one or more fatalities or the
  hospitalization of three or more employees

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Occupational Injury

• Injury such as a cut, fracture, sprain, or
  amputation that results from a work-related
  accident or exposure involving a single incident
  in the work environment

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Recordable Occupational Injuries

• Death
• One or more lost workdays
• Restriction of work or motion
• Loss of consciousness
• Transfer to another job
• Medical treatment other than first aid

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Occupational Illness

• Abnormal condition or disorder, other than Occ
  Inj, caused by exposure to environmental factors
  associated with employment acute or chronic
  illnesses or diseases that may be caused by
  inhalation, absorption, ingestion, or direct
  contact with toxic substances or harmful agents
• All Occupational Illnesses must be recorded
  regardless of severity

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Recordkeeping Forms

• Kept where employees report for work
• kept on a calendar year basis
• kept for five years on site available for OSHA
  inspection

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OSHA Form 300 Log Summary of Occ Injuries /
Illnesses Form 300A

• Each recordable must be logged within 6 days
• Lost Workdays Count calendar days (formerly just
  work days)
• Post annual summary from February through April
  in customary posting location

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OSHA 301 Injuries and Illnesses Incident Report

• More detail about each injury or illness
• Acceptable substitutes First Report of Injury or
  Illness
• Insurance Company
• Workers Compensation

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Training Communication

• Some standards require training for certain jobs
• Some standards limit job assignments to certain
  employees who have been trained
• Some standards require records of participants in
  training

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Recommended Elements for Basic Safety Health
Program

• Mgt commitment employee involvement
• worksite analysis and ID of hazards
• hazard prevention control
• SH training of employees

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OSHA Enforcement

• Limited staff and 6 million workplaces
• about 2 of workplaces inspected annually
• some facilities have never been inspected
• normally no advance notice

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What OSHA Looks forDuring an Inspection

• Posting of yellow OSHA SH poster
• Review OSHA 300 logs for current year and two
  full previous years
• inspect for compliance with appropriate standards
• comment on obvious hazards during tour
• inquire about existence of basic SH program

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Admission to Premises

• Most employers will admit inspector
• If employer refuses admission, inspector can
  obtain a search warrant

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Inspection Priorities

• Imminent Danger
• Catastrophes and Fatal Accidents
• Employee complaints
• mgt needs to be aware
• proactive, employee-involved programs help
• High-hazard industry inspections
• Follow-up inspections

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Mgt Action Steps Before Inspection

• Be prepared for a visit
• Be prepared to be flexible
• Appoint an OSHA Coordinator and Committee for
  such visits
• Be prepared to listen and take notes
• Have recordkeeping in place accessible
• Have written copies of programs avail.

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Continued

• Instruct receptionist or gate to kindly escort
  the inspector to a waiting room while OSHA
  Coordinator is contacted - never let inspector
  enter alone
• Plan a route to lead the tour, make sure to
  feature your best areas
• Instruct team members to answer questions
  truthfully, provide only facts, not opinions

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The Opening Conference

• OSHA Coord should chair meeting as spokesperson
• make a positive impression, present business
  cards, treat inspector as a professional
• make sure reason for visit is clear - if for
  complaint, ask for a copy

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Continued

• If a tour is requested, ask about the scope
• union rep will likely wish to join the tour
• should last less than one hour
• have an instant camera available to take any
  picture the inspector takes
• arrange to replicate IH sampling
• trade secrets should be marked confidential

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Continued

• Employees may be consulted, but work may not be
  disrupted
• Employees are protected from discrimination

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Citations Penalties

• Compliance officer submits report to OSHA office
• OSHA area director determines proposed
  citations, possibly weeks later
• An informal conference could result in changes
  depending on the info provided and abatement
  completed by the employer. This shows good
  faith.
• Abatement period normally 30 days, but there can
  be exceptions
• Citation must be posted near violation site.

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Penalty Grid

• Penalty based on gravity of violation, size of
  business, good-faith efforts, history of previous
  violations
• Will reduce up to
• 60 for small companies
• 25 for good faith
• 10 for good previous history

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Types of Penalties

• Egregious (for the bad guys)
• willful and fatality, catastrophe, extensive
  prior history, bad faith
• customized penalties
• Willful Violations
• intentionally or knowingly commits
• 5000 - 70,000 up to 6 months in prison
• 250,000 - 500,000 for criminal convictions

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Penalties Cont.

• Serious Violations
• could cause death or serious injury
• employer knew or should have known
• up to 50,000
• Other than Serious Violations
• violation that would not likely cause death or
  serious injury, e.g., failure to post the poster
• up to 7000

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Appeals

• Informal Conference
• Obtain better understanding of violation
• Discuss ways to correct violation
• Discuss problems with abatement dates
• Discuss problems with safety practices
• Resolve disputed citations
• Negotiate a settlement

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OSHA Review Commission

• Used if informal conference doesnt settle
• Independent of OSHA and DOL
• Less than 10 reach this stage
• Administrative Law Judge is assigned
• Burden of proof is on OSHA

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OSHAs Consulting Services

• Free confidential service, funded by OSHA
• Delivered by states using non-OSHA staff
• Geared to small businesses in high hazard
• Employer obligations
• allow consultant to talk to employees
• correct serious safety hazards
• If hazards are corrected and a complete SH
  program is in place, 1 year inspection exemption

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Voluntary Protection Program (VPP)

• Recognizes companies that have successfully
  incorporated SH programs into the total mgt plan
• Star, Merit, Demonstration
• Participants are not subject to routine OSHA
  inspections
• see OSHA website

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HW458 Chapters 4, 5, 8

• Chapter 4
• Exercises 1 (pick one a-e)
• Review Questions 6, 7, 8(a-s)
• Chapter 5
• Review Questions 1, 4, 5
• Chapter 8
• Exercises 1 (Use Form 300), 2, 4
• Review Questions 1, 6