TOSHA Overview

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TOSHA Overview

• Public Sector

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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 Labor and Workforce
Development.
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SAVING LIVES
PREVENTING INJURIES AND ILLNESSES
TOSHAs Purpose
PROTECTING THE HEALTH OF TENNESSEE WORKERS
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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

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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 Islands Virginia
• Washington Wyoming
• Connecticut, New Jersey, and New York are public
• sector only

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The Public Sector Program in Tennessee

• All state employees
• All college and university employees from the
  Tennessee Board of Regents and UT systems
• All employees of state boards, commissions,
  agencies
• Employees of public utilities that elect to be in
  the program
• Employees of city and county governments that
  elect to be in the program
• Employees of school systems that elect to be in
  the program

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Whats New for TBR

• Database of Injuries
• Compiled by Sedgwick James
• Sedgwick James sends to Treasury Department
• Treasury Department sends to TOSHA
• TOSHA send to TBR safety director

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TOSHA Offices
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Scope

• TOSHA standards and regulations apply to all
  places of employment where employees are exposed
  to a hazard

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Employers 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

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Employees 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

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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 in Tennessee

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Differences Between TOSHA and OSHA

• Most TOSHA standards and regulations are the same
  as Federal OSHAs (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

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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

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Differences Between TOSHA and OSHA

• Tennessees 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

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TOSHA Rules and Procedures

• TOSHA Field Operations Manual
• Rules
• 0800-1-1 through 0800-1-11
• 0800-1-5
• Safety and Health Provisions for the Public
  Sector

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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.

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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

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Inspections

• All inspections are unannounced
• Scheduling Priority
• Imminent Danger
• Fatalities/Catastrophes
• Complaints/Referrals
• Programmed Inspection
• Special Emphasis Programs/ Targeting Initiatives

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Scheduling Inspections in Public Sector

• Imminent Danger, Fatality, Catastrophe, Employee
  complaints
• Monitoring Inspections-
• Mandated every two years
• TOSHA works through the safety officers

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Special Inspections

• Special Emphasis Programs
• Fall Protection
• Trenching and Excavation
• Occupational Noise
• Carbon Monoxide
• Amputations
• Targeting Initiatives
• Metal Working Industries
• Sharps Injuries in Hospitals and Surgery Centers
• Construction

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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

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Notice of Unsafe or Unhealthy Working Conditions

• Issued for all apparent violations of TOSHA
  standards and regulations
• Issued for first incidence of violations
• No monetary penalties
• Issued within 6 months (usually less) of the
  violation
• Arrive by certified mail (return receipt)

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Required Postings

• Its The Law Poster
• Notice of Unsafe or Unhealthy Working Conditions
• Notice of Informal Conference
• OSHA 300A Form (February-April)

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Most Cited Violations

• Public Sector

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1. No Visible Monthly Inspection of Fire
Extinguishers
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2. Poor Housekeeping
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3. Conductors Unprotected and Openings Not Closed
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4. No Covers on Pull Boxes, Junction Boxes, and
Fittings
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5. Missing Tongue Guard on Grinder
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6. No Permanent or Continuous Electrical Path to
Ground
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7. No Written Exposure Control Plan
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8. No Emergency Eye Wash or Shower

• Required where corrosive chemicals may be
  splashed into the eyes and/or onto the skin

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9. Missing Work Rest on Grinder
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10. Portable Fire Extinguishers Not Accessible
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Resources

• How To Get Help

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For More Information

• 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
• Public Sector inspector
• www.state.tn.us/labor-wfd/tosha
• www.osha.gov