Introduction to OSHA

1
Introduction to OSHA

• OSH Act, OSHA Standards, Inspections, Citations
  and Penalties

2
In 1970, the Congress considered annual figures
such as these

• Job related accidents accounted for more than
  14,000 worker deaths
• Nearly 2 1/2 million workers were disabled
• Ten times as many person-days were lost from
  job-related disabilities as from strikes
• Estimated new cases of occupational diseases
  totaled 300,000

3
The Act

• In 1970 Congress passed the Occupational Safety
  and Health Act of 1970 (the Act)
• Under the Act, OSHA was created within the
  Department of Labor.

4
Purpose

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

5
OSHAs Purpose 5

• Encourage employers and Employees to reduce
  workplace hazards and to implement new or improve
  existing safety and health programs
• Provide for research in occupational safety and
  health and to develop innovative ways of dealing
  with occupational safety and health problems

6
OSHAs Purpose 6

• Establish separate but dependent
  responsibilities and rights for employers and
  employees for achievement of better safety and
  health conditions
• Maintain a reporting and record-keeping system to
  monitor job-related injuries and illnesses

7
OSHAs Purpose 7

• Establish training programs to increase the
  number and competence of occupational safety and
  health personnel
• Develop mandatory job safety and health standards
  and enforce them effectively
• Provide for the development, analysis, evaluation
  and approval of state OSH programs

8
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

9
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

10
General Duty Clause 5(a)(1)

• The OSH Act has a broad general duty clause
  requiring all employers to furnish a workplace
  free from recognized hazards that are causing or
  likely to cause death or serious physical harm.

11
General Duty Clause

• The general duty clause is meant to apply when a
  recognized hazard exists, for which there is not
  (or not yet) a precise standard. In other words,
  an unsafe condition not covered by one of OSHAs
  specific standards is understood to be covered by
  the general duty clause.

12
Workplace Inspections

• To enforce standards, OSHA is authorized under
  the Act to conduct workplace inspections.
• To enter without delay and at reasonable times
  any facility where work is performed by an
  employee or employer. . .
• Inspect and investigate during regular working
  hours. . .

13
OSHA Inspection Priorities

• Imminent Danger Any condition where there is
  reasonable certainty that a danger exists that
  can be expected to cause death or serious
  physical immediately
• Catastrophes and Fatal Accidents Investigation
  of fatalities and catastrophes resulting in
  hospitalization of three or more employees. These
  types of accidents must be reported to OSHA
  within 8-hours.

14
OSHA Inspection Priorities

• Employee Complaints The Act gives each employee
  the right to request an OSHA inspection when the
  employee feel that he/she is in imminent danger
  from a hazard or when he/she feels that there is
  a violation of an OSHA standard that threatens
  physical harm.

15
Inspection Process

• The presentation of the Inspectors Credentials
  The inspector must present his or her credentials
  upon arrival upon a site for inspection.
  Employers should always insist upon seeing the
  compliance officers credentials.

16
Inspection Process

• Opening Conference
• In the opening conference, the compliance
  officer (CSHO) explains why the establishment was
  selected.
• The CSHO explains the purpose of the visit and
  the scope of the inspection. The employer may be
  given a copy of any employee complaint that may
  be involved. Confidentially will be kept upon
  request.

17
Inspection Process

• Inspection Tour
• The CHSO and an employee representative will
  proceed through the facility, inspecting work
  areas for compliance.
• The route and duration are determined by the
  CHSO.
• Employees will be consulted during the inspection
  tour
• Photographs and Video May be taken

18
Inspection Process

• Inspection Tour (Cont'd)
• Posting and Record-keeping are checked
• During the course of the inspection the CHSO will
  point out any unsafe or unhealthful working
  conditions observed
• The CHSO will also discuss possible corrective
  action if the employer so desires

19
Inspection Process

• Closing Conference
• This is the time for free discussion of problems
  and needs and a time for frank questions and
  answers
• The CHSO discusses all unsafe or unhealthful
  conditions and indicates all apparent violations
  for which a citation may be issued or recommended

20
Citations and Penalties

• After the CHSO reports findings, the Area
  Director determines what citations, if any will
  be issued, and what penalties, if any will be
  issued.

21
Citations

• Citations inform the employer and employees of
  regulations and standards alleged to have been
  violated and of the proposed length of time set
  for their abatement.
• The employer will receive citations and notices
  of proposed penalties by certified mail.
• The employer must post a copy of each citation at
  or near a place a violation occurred, for three
  days or until the violated is abated (ended),
  whichever is longer.

22
Penalties

• Serious Violation
• A 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. A mandatory
  penalty of up to 7000.00 for each violation is
  proposed.

23
Willful Violation Penalty

• If an employer is convicted of a willful
  violation of a standard that has resulted in the
  death of an employee, the offense is punishable
  by a court-imposed fine or by imprisonment for up
  to six months, or both. A fine of up to 250,000
  for an individual, or 500,000 for a corporation,
  may be imposed for a criminal conviction.

24
Penalties

• Additional violations for which citations and
  proposed penalties may be issued upon conviction
• Falsifying records, reports or applications can
  bring a fine of 10,000 or up to six months in
  jail.
• Violations of posting requirements can bring a
  civil penalty of up to 7,000

25
Criminal Penalties

• In addition to civil penalties, the following may
  result in criminal penalties
• Willful (deliberate) violation causing death
• Giving unauthorized, advance notice of an
  inspection
• Giving false information
• Killing, assaulting or holding back the work of
  an OSHA inspector

26
Criminal Penalties

• OSHA itself does not have the authority to bring
  criminal cases, but must refer a case to the
  Justice Department for trial. In recent years,
  this has happened more frequently, and in several
  cases, employers have received jail sentences.

27
Employers Rights and Responsibilities

• Citations must be posted for 3 working days or
  until the violation is corrected.
• Must be posted at or near the place where each
  violation occurred

28
Employers Rights and Responsibilities

• Employers options upon receipt of citations
• If you agree with the citations, you must correct
  the violations and pay any penalties.
• If you do not agree you have 15 working days to
  dispute in writing the
• Citation, Penalty, and/or the ending dates

29
Informal Conference

• Within 15 working days
• Gives the employer an opportunity to resolve
  issues with penalties and citations without going
  to court.

30
Antidiscrimination Provisions

• The OSH Act prohibits employment retaliation
  against an employee who complains of an employer,
  files a complaint, initiates a proceeding,
  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.