Third Shift Poultry Worker Training 1

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Introduction To OSHAThird Shift Poultry Worker
Train-The-Trainer

• Paul Schlumper, P.E., CSP
• 404-407-6797
• Georgia Tech Research Institute

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Introduction to OSHA
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Need for Legislation

• In 1970, Congress considered these annual
  figures
• Job-related accidents accounted for more than
  14,000 worker deaths
• Nearly 2-1/2 million workers were disabled
• Estimated new cases of occupational diseases
  totaled 300,000

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Is there a need for OSHA Today?
Each year...

• About 6,000 deaths from workplace injuries
• An estimated 50,000 deaths from illnesses cause
  by workplace exposures
• 6 million non-fatal workplace injuries
• Injuries alone cost U.S. businesses more than
  125 billion

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Do we need OSHA?
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Has OSHA made a difference?
YES!
Since 1970 OSHA has

• Cut the work-related fatality rate in half
• Reduced overall injury and illness rates in
  industries where OSHA concentrated its attention
• Virtually eliminated brown lung disease in the
  textile industry, and
• Reduced trenching and excavation fatalities by 35
  percent

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What is OSHA?

• Occupational Safetyand Health Administration
• Responsible for worker safety and health
  protection

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Statistics

• 1971 14,000 Work-related fatalities
• 56 million workers
• 3.5 million workplaces
• 2001 5,900 Work-related fatalities
• 114 million workers
• 7 million workplaces
• 2004 5,703 Work-related fatalities
• 115 million workers
• 7.2 million workplaces
• Fatalities have been reduced by 59

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OSH Act of 1970

• PURPOSE
• " . . . to assure so far as possible every
  working man and woman in the Nation safe and
  healthful working conditions and to preserve our
  human resources."

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OSHA's Purpose

• Encourage employers and employees to reduce
  workplace hazards and implement new or improve
  existing SH programs
• Provide for research in occupational SH
• Maintain a reporting and recordkeeping system to
  monitor job-related injuries and illnesses
• Establish occupational SH training programs
• Develop and enforce mandatory job SH standards
• Provide for development and approval of state
  occupational SH programs

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The Act's Coverage

• Extends to all employers and their employees in
  the 50 states, District of Columbia, Puerto Rico,
  and all other territories under Federal
  Government jurisdiction
• Coverage provided either directly by federal OSHA
  or through an OSHA-approved state program
• Employer defined as any "person engaged in a
  business affecting commerce who has employees,
  but does not include the United States (except
  for the U.S. Postal Service) or any State or
  political subdivision of a State
• Does not cover the self-employed or immediate
  members of farm families that do not employ
  outside workers

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Federal Employees

• Federal agency heads must operate comprehensive
  occupational SH programs to ensure compliance
  with OSHA standards
• OSHA cannot impose monetary penalties against
  another federal agency
• Compliance issues at local level are raised to
  higher organizational levels until resolved

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State and Local Governments

• OSHA provisions do not apply to state and local
  governments in their role as employers
• Any state seeking OSHA approval for its own SH
  program must provide coverage for these employees
• State plans may also cover only public sector
  employees

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What does OSHA require?

• Determine which OSHA standards apply to your
  workplace
• Follow the OSHA standards and requirements

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What are employers rightsand responsibilities?

• Employers must provide a safe and healthful
  workplace free of recognized hazards and follow
  the OSHA standards
• The OSH Act grants employers important rights,
  particularly during and after an OSHA inspection
• Employers also provide training, medical
  examinations and recordkeeping

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What are workers responsibilities?

• Read the OSHA poster
• Follow the employers safety and health rules and
  wear or use all required gear and equipment
• Follow safe work practices for your job, as
  directed by your employer
• Report hazardous conditions to a supervisor or
  safety committee
• Report hazardous conditions to OSHA, if employers
  do not fix them
• Cooperate with OSHA inspectors

(see OSHAs Workers web page for more
information)
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What are workers rights?

• Workers have a vital role to play in identifying
  and correcting problems in their workplaces,
  working with their employers whenever possible
• Workers can complain to OSHA about workplace
  conditions threatening their health or safety in
  person, by telephone, by fax, by mail or
  electronically through OSHAs web site
• Section 11(c) of the OSH Act gives workers the
  right to seek safe and healthful conditions on
  the job without being disciplined or fired
• (see OSHAs Workers web page for more
  information)

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OSHAs Workers Page
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Standards

• OSHA is responsible for promulgating legally
  enforceable standards
• Where OSHA has not promulgated specific
  standards, employers are responsible for
  following the Act's General Duty Clause
• States with OSHA-approved programs must set
  standards at least as effective as federal
  standards

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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 his employees."

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Categories of Standards

• General Industry
• Construction
• Maritime
• Agriculture

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Where to Get OSHA Standards

• Federal Register in public libraries or at the
  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)

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Standards Development

• OSHA can begin standards-setting procedures on
  its own, or in response to petitions from other
  parties, including
• Secretary of Health and Human Services (HHS)
• National Institute for Occupational Safety and
  Health (NIOSH)
• State and local governments
• Nationally recognized standards producing
  organizations
• Employer or labor representatives
• Any other interested person

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Standards Adoption

• Advance Notice of Proposed Rulemaking (Optional)
• Notice of Proposed Rulemaking
• terms of new rule
• provide specific time (30 days min.) for public
  to respond
• Public hearing (may be requested by interested
  parties)
• Final rule published in Federal Register

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Emergency Temporary Standard (ETS)

• OSHA is authorized to set an ETS that takes
  effect immediately if OSHA determines that
• Workers are in grave danger due to exposure to
  toxic or physically harmful substances
• ETS is needed to protect them
• ETS is published in Federal Register, where it
  also serves as a proposed permanent standard
• ETS then subject to usual procedure for adopting
  a permanent standard except that a final ruling
  must be made within six months

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Appealing a Standard

• Any person who may be adversely affected by a
  final or emergency standard may file a petition
  (within 60 days of the rule's promulgation) for
  judicial review with the U.S. Court of Appeals.
• Appeals petition will not delay enforcement of a
  standard, unless the Court of Appeals
  specifically orders it.

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Temporary variance may be granted to an employer
who cannot comply with a standard by its
effective date due to unavailability of
personnel, materials or equipment, or because
necessary construction or alteration of
facilities cannot be completed in time.Permanent
variance (alternative to a particular requirement
or standard) may be granted to employers who
prove their abatement plan will provide a safe
and healthful workplace as effectively as would
compliance with the standard.

• Variances

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Recordkeeping and Reporting

• Employers of 11 or more employees must maintain
  records of occupational injuries and illnesses as
  they occur.
• Employers with 10 or fewer employees are exempt
  from recordkeeping unless selected by BLS to
  participate in the Annual Survey.
• Certain low-hazard employers (e.g., retail trade,
  finance, insurance, real estate) are not required
  to keep records.
• All employers must comply with OSHA standards,
  display the OSHA poster, and report to OSHA
  within 8 hours any accident that results in a
  fatality or hospitalization of 3 or more
  employees.

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Recordkeeping Forms

• Maintained on a calendar year basis
• Must be maintained for 5 years at the
  establishment and be available for inspection
• Summary of records for the previous year must be
  posted from February through April
• Must be certified by the highest ranking official
  working at the establishment.

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Workplace Inspections

• Every establishment covered by the OSH Act is
  subject to inspection by OSHA compliance safety
  and health officers (CSHO's)
• Most inspections are conducted without advance
  notice

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Inspection Priorities

• 1. 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)
• 2. Fatalities and Catastrophes (resulting in
  hospitalization of 3 or more employees)
• 3. Employee Complaints/Referrals
• 4. Programmed High-Hazard Inspections

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Inspection Process

• CSHO displays official credentials
• Opening conference
• Walkaround inspection
• Closing conference

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Conducting the Walkaround Inspection

• CSHO and accompanying representatives (employer
  and employee) inspect the establishment for
  potentially hazardous working conditions
• CSHO discusses possible corrective actions with
  the employer
• CSHO may consult, at times privately, with
  employees

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What happens after an OSHA inspection?

• OSHA may or may not issue citations
• Citations inform employer and employees of the
  regulations and standards allegedly violated and
  of the proposed time for abatement
• Employer must post a copy of each citation at or
  near place where violation occurred, for 3 days
  or until violation is corrected, whichever is
  longer

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Citations and Penalties

• After CSHO reports findings, the area director
  determines what citations, if any, will be
  issued, and what penalties, if any, will be
  proposed
• Citations inform employer and employees of the
  regulations and standards allegedly violated and
  of the proposed time for abatement
• Citations and notices of proposed penalties are
  sent by certified mail
• Employer must post a copy of each citation at or
  near place where violation occurred, for 3 days
  or until violation abated, whichever is longer

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Types of Violations

• Other Than Serious
• Serious
• Willful
• Repeated

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Other Than Serious Violation

• Violation that has a direct relationship to job
  safety and health, but probably would not cause
  death or serious physical harm
• Penalty of up to 7,000 is discretionary

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Serious Violation

• Violation where there is substantial probability
  that death or serious physical harm could result
  and that the employer knew, or should have known,
  of the hazard
• Penalty of up to 7,000 is mandatory

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Willful Violation

• An intentional violation of the Act or plain
  indifference to its requirements
• Penalties of up to 70,000, with a minimum
  penalty of 5,000 for each violation
• If violation results in death of an employee, a
  fine up to 250,000 for an individual, or
  500,000 for a corporation, and/or imprisonment
  for up to six months may be imposed for a
  criminal conviction

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Repeated Violation

• Substantially similar violation found upon
  reinspection
• Penalties of up to 70,000 for each violation

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Additional Violations

• Falsifying records, reports or applications can
  bring a fine of 10,000 or up to 6 months in
  jail, or both.
• Violations of posting requirements can bring a
  penalty up to 7,000.
• Assaulting a compliance officer or interfering
  with their duties is a criminal offense, subject
  to fine of not more than 5,000 and imprisonment
  for not more than 3 years.

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Failure to Abate

• Failure to abate a prior violation may bring a
  penalty of up to 7,000 for each day the
  violation continues beyond the prescribed
  abatement date.

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Appeals by Employees

• If an inspection was initiated by employee
  complaint, employee or authorized representative
  may request an informal review of any decision
  not to issue a citation
• Employees may not contest citations, amendments
  to citations, penalties or lack of penalties
• May contest time for abatement
• May also contest employer's Petition for
  Modification of Abatement (PMA), which requests
  an extension of the abatement period

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Appeals by Employers

• When issued a citation or notice of proposed
  penalty, employer may request an informal meeting
  with OSHA's area director, who is authorized to
  enter into settlement agreement
• Employer may request an extension of abatement
  period through a PMA
• Employers may contest either the citation,
  abatement period, or proposed penalty within 15
  working days of receipt through a written "Notice
  of Contest"

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OSHA-Approved State Programs

• OSH Act encourages states to develop and operate,
  under OSHA guidance, state job SH plans
• OSHA funds up to 50 percent of approved program's
  cost
• Must be at least as effective as the federal
  program
• Must cover state and local government employees
• May limit coverage to public sector
• Must keep pace with federal standards

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Strategic Management Plan

• Goal 1 Reduce occupational hazards through
  direct intervention
• Goal 2 Promote a safety and health culture
  through compliance assistance, cooperative
  programs, and strong leadership
• Goal 3 Maximize OSHA effectiveness and
  efficiency by strengthening our capabilities and
  infrastructure

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OSHAs Strategic Management Plan

• By 2008 reduce the rates of workplace fatalities
  by 15 and workplace injuries and illnesses by 20

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Region IV and National Emphasis Programs

• Of 38,579 inspections conducted by OSHA in FY06,
  18,895 were related to LEPs
• Falls in Construction
• Overhead Power Lines
• Landscaping
• Sanitation in Meatpacking, Poultry and Fish
  Processing
• Power Industrial Trucks
• Amputations in Construction and Manufacturing
• Silica
• National Emphasis Program on Trenching

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Most Frequently Cited Serious Violations in
General Industry FY 2006
Machine Guards - General
Hazard Communication Written Program
Point of Operation
Open-Sided Floors
Hazard Communication Information Training
Eye Body Flushing Facilities
Lockout/Tagout - Program
Grinders-Tongue Guards
Lockout/Tagout - Procedures
Conductors Entering Cabinets/Boxes/Fittings
Protected from Abrasion

Note There were also 1222 Section 5(a)(1)
General Duty Clause violations cited for all
inspections during this period.
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Most Frequently Cited Serious Violationsin
Construction FY 2006
Fall protection - Unprotected sides edges
Fall protection Residential construction 6 or
more
Head protection
Scaffolds - Fall protection
Aerial lifts Body belt lanyard
Standard Subpart - 1926.
Fall hazards training program
Scaffolds - Access
-
-
Portable ladders 3 feet above landing surface
Scaffolds - Platform construction
Employee training programs
There were also 362 Section 5(a)(1) violations
cited in construction SIC codes (1500 1799)
during this period.
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Sources of Assistance

• OSHA web site (www.osha.gov)
• Consultation assistance
• Federal and State area offices
• Speakers, publications, a/v aids, technical
  advice
• Training and education
• OSHA Training Institute (OTI) and the OTI
  Education Centers
• OSHA Outreach Training Program
• OSHA Office of General Industry Compliance
  Assistance
• OSHA Office of State Programs
• Voluntary Protection Programs

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Consultation Assistance

• Largely funded by OSHA, provided at no cost to
  employer
• Primarily developed for smaller employers with
  more hazardous operations
• Delivered by state government agencies or
  universities employing professional safety and
  health consultants
• No penalties are proposed or citations issued
• Possible violations of OSHA standards are not
  reported to OSHA enforcement staff unless
  employer fails to eliminate or control any
  serious hazard or imminent danger

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Consultation Assistance

• Provided at no cost to employer
• Developed for smaller employers with more
  hazardous operations
• Delivered by state government agencies or
  universities employing professional safety and
  health consultants
• No penalties are proposed or citations issued
• Possible violations of OSHA standards are not
  reported to OSHA enforcement staff unless
  employer fails to eliminate or control any
  serious hazard or imminent danger

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Voluntary Protection Programs (VPPs)

• Cooperative approach to expand worker protection
• Three VPPs - Star, Merit, and Demonstration -
  designed to
• Recognize outstanding SH programs
• Motivate others to achieve similar excellent SH
  results
• Establish cooperative relationship among
  employers, employees, and OSHA

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Training and Education

• OSHA's area offices are full-service centers
  offering speakers, publications, audiovisual
  aids on workplace hazards, and technical advice.
• OSHA Training Institute (OTI) in Des Plaines, IL,
  provides training and education in safety and
  health for federal and state compliance officers,
  state consultants, other federal agencies, and
  the private sector.
• OTI Education Centers conduct courses for the
  private sector and other Federal agencies

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Sources of Reference

• www.osha.gov
• E-tools, standards, presentations, etc.
• www.oshainfo.gatech.edu
• Free, on-site safety and health consultation
• Completely confidential from OSHA
• www.ProjectSafeGeorgia.org
• Assistance for small businesses
• www.asse-ga.org
• Trench safety task force

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OSHA Website
http//www.osha.gov

• Ergonomics page
• Guidelines
• E-Tools
• Success Stories

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OSHA Web Site(www.osha.gov)

• About OSHA (contacts, programs . . .)
• Events (conferences, hearings . . .)
• Library/Reading Room (statistics . . .)
• News Room (publications, news releases . . .)
• Outreach (technical links, training . . .)
• Regulations Compliance (standards . . .)

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Georgia Tech
http//www.oshainfo.gatech.edu

• Training Materials
• OTI Courses
• Safety Consultation

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OSHA Emergency Hot-Line1-800-321-OSHA

• Hot-line for reporting workplace safety or health
  emergencies
• Provides a 24-hour point of contact to report
  imminent dangers on the job

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Summary

• OSHA helps save lives and prevent injuries
• OSHA balances a cooperative approach with
  traditional enforcement
• OSHA standards are the enforceable requirements
  for worker safety and health
• Inspections are OSHAs way to ensure compliance
• OSHA offers various means of assistance

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What does the worker need to know from this
presentation?