Introduction to OSHA

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Introduction to OSHA
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What is OSHA?

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

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Is there a need for OSHA?
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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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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OSHA Mission Statement

• 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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What does OSHA do?

• Encourages employers and employees to reduce
  workplace hazards and implement new or improve
  existing safety and health programs
• Develops and enforces mandatory job safety and
  health standards
• Maintains a reporting and recordkeeping system to
  monitor job-related injuries and illnesses
• Provides assistance, training and other support
  programs to help employers and workers

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Who is covered by the OSH Act?

• All employees and their employers under Federal
  Government authority
• Coverage provided either directly by federal OSHA
  or through an OSHA-approved state program
• Does not cover the self-employed or immediate
  members of farm families that do not employ
  outside workers

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OSHA Standards

• OSHA is responsible for writing and enforcing
  standards that employers must follow
• Where OSHA has not issued specific standards,
  employers are responsible for following the OSH
  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

• Paragraph 5(a)(1)
• 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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29 CFR 1910.25 (d)(1)(i)

• Title 29 Department of Labor
• Part 1910 OSHA General Industry
• Subpart D Walking-Working Surfaces
• Paragraph 25 Portable Wood Ladders
• Subparagraph (d) Care and use of ladders
• (1) Care
• (i) Ladders shall be maintained in good
  condition at all times

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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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Recordkeeping and Reporting

• Employers of 11 or more employees must maintain
  records of occupational injuries and illnesses
• All employers must report to OSHA within 8 hours
  any accident that results in a fatality or
  in-patient hospitalization of 3 or more employees

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Recordkeeping Forms

• Maintained on a calendar year basis
• Summary of records for the previous year must be
  posted from February through April

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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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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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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 Process

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

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Inspection Process

• 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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Inspection Process

• Trade Secrets
• Posting and Recordkeeping

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Inspection Priorities

• Imminent Danger
• Catastrophes and Fatal Accidents
• Employee Complaints
• May be handled by phone/fax
• Programmed Inspections
• Follow-up Inspections

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Program Reviews

• General Safety and Health Program
• OSHA Notice
• Injury/Illness Logs
• Hazard Communication
• Lockout/Tagout
• Personal Protective Equipment Assessment
• Emergency Evacuation/Response
• Bloodborne Pathogens

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Program Reviews

• Confined Space Entry
• Hearing Conservation
• Respiratory Protection
• Ergonomics Awareness
• Process Safety Management
• Safety Related Work Practices
• Crane/Hoist/Chain/Rope Inspection Records
• Mechanical Power Press Records

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Closing Conference

• Briefing on conditions observed
• Questions and comments
• Appeal rights
• Second closing for lab results
• Resources available from OSHA
• Separate conference with employee representative,
  if necessary

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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

• Issued by Area Director
• Sent by certified mail
• Posting requirements
• Information included
• Standard allegedly violated
• Abatement time
• Proposed penalty

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Violations

• Other than Serious
• Low probability of serious injury
• Penalty up to 7,000
• Serious
• High probability of death or serious injury
• Penalty up to 7,000
• Willful
• intentionally and knowingly violated standard
• Penalty up to 70,000 (minimum of 5,000)

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Violations

• Criminal Willful
• Willful violation resulted in fatality
• Court imposed fine and imprisonment (6 months)
• Repeat
• similar violation found during subsequent
  inspection
• Penalty up to 70,000
• Failure to Abate
• Previously cited violation not corrected
• Penalty up to 7,000 for each day the violation
  continues

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Appeals

• Informal Conference
• Within 15 days of receipt of citation
• Petition for Modification
• Notice of Contest
• In writing, within 15 days
• Employee notification
• Review Procedure by Occupational Safety and
  Health Review Commission

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Anti-Discrimination Provision

• Paragraph 11(c)
• Prohibits employment retaliation against an
  employee who complains to an employer, files a
  complaint, initiates a proceeding, contests an
  abatement date, requests information from OSHA or
  testifies under the Act. In certain
  circumstances, an employee may refuse to work
  under seriously threatening health or safety
  conditions.

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OSHA Approved State Plans

• Act encourages states to develop and operate
  state safety and health plans
• Plans must be at least as effective as Federal
  Plan
• OSHA funds up to 50 of operating costs
• Texas is covered by Federal OSHA

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Consultation

• OSHCon
• Conducted by TWCC
• Largely funded by OSHA
• Targeted for smaller employers
• Provided at no cost to employer
• No citations or penalties
• 800-687-7080

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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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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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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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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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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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Most Frequently Cited Serious Violations in
General Industry - FY04
Hazard Communication
Respiratory Protection
Lockout/Tagout
Forklifts
Wiring methods, components, and equipment for
general use
General requirements for all machines
Electrical general requirements
Mechanical power-transmission apparatus
PPE general requirements
Abrasive wheel machinery
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Most Frequently Cited Training Violations FY02