Introduction to OSHA

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Introduction to OSHA
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What is OSHA?How do they operate?

• Occupational Safety and Health Administration
  (OSHA)
• OSH Act of 1970
• Regional and area offices
• Standards
• Inspections
• Citations and Penalties

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OSHA Standards

• 29 CFR 1910
• 29 Labor
• CFR Code of Federal Regulations
• 1910 General Industry
• 5a1 General duty clause
• Horizontal Vs. Vertical
• Performance Vs. Specification
• CPL/STD Documents

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OSHA Standards Development

• Standards adoption process
• Advance Notice of Proposed Rulemaking
• Notice of Proposed Rulemaking
• Public Hearing
• Comment Period
• Final Standard
• Emergency temporary standards
• Variances

Published in Federal Register
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INSPECTION PRIORITIES

• Imminent Danger
• Fatalities and Catastrophes
• Complaints
• Formal
• Non-formal
• Referrals
• Programmed
• Follow Up (Especially Willful Repeat)

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OSHA INSPECTION

• Opening Conference
• Walkaround Inspection
• Closing Conference

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HIGHLIGHTS OF AN OPENING CONFERENCE

• CSHO
• Presents credentials
• Explains purpose of inspection
• Requests employee participation
• Outlines scope of the inspection
• Determines employers on site
• (Continued)

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HIGHLIGHTS OF AN OPENING CONFERENCE

• CSHO
• Reviews OSHA Logs
• Verifies HazCom Program
• Verifies Safety and Health Program
• May verify Access to Employee Exposure and
  Medical Records (1910.1020)
• Verifies OSHA Poster

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HIGHLIGHTS OF AN OSHA WALKAROUND INSPECTION

• CSHO
• Identifies potential SH hazards
• Determines employee awareness knowledge
• Evaluates PPE selection, maintenance use
• Documents apparent violations
• Photographs or videotapes them
• Questions employees privately

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HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE

• CSHO
• Gives Employer Rights Responsibilities
  Following an OSHA Inspection.
• Explains
• Employers Rights
• Contest Procedures
• Informal Conference
• Penalties
• Consultation Services

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HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE

• CSHO
• Discusses apparent violations
• Asks for abatement of violations

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CITATION TYPES

• Serious
• There is a substantial probability that death or
  serious physical harm could result, and the
  employer knew or should have known or the hazard.
• Maximum Penalty 7,000.

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CITATION TYPES

• Other-Than-Serious
• Not serious, but impacts the safety and health
  of employees.

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CITATION TYPES

• Willful
• Employer committed an intentional and knowing
  violation or showed plain indifference to the
  law.
• Maximum Penalty 70,000.
• Minimum Penalty 25,000
• (5,000 for less than 50 employees)

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CITATION TYPES

• Repeat
• Violation of the same or similar standard within
  3 years.
• Employers with more than 250 employees
• First Repeat - Multiply penalty times 5.
• Second Repeat - Multiply penalty times 10.

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CITATION TYPES

• Repeat
• Violation of the same or similar standard within
  3 years.
• Employers with less than 250 employees
• First Repeat - Multiply penalty times 2.
• Second Repeat - Multiply penalty times 5.

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CITATION TYPES

• De Minimus
• Violation which has no direct or immediate
  relationship to employee safety and health.
• No Penalty.

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REGULATORY VIOLATIONS

• No OSHA Poster 1,000
• No OSHA 200 Log 1,000
• Failure to post citations 3,000
• Failure to report within 8
• hours a fatality or accident
• which hospitalizes 3 or more
• employees 5,000

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Penalty Adjustment Factors

• Size No. of Employees Reduction
• 1 - 25 60
• 26 - 100 40
• 101 - 250 20
• More than 250 None
• Good Faith Effort 25
• History (Last 3 Years) 10

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CITATION APPEALS

• Citations received
• Informal Conference
• Contest Citation(s)
• Administrative Law Judge

• OSHA Review Commission
• U.S. Court of Appeals
• U.S. Supreme Court

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MULTI-EMPLOYER WORKSITES

• Citations issued to exposing employer.
• Citations can also be issued to
• 1. Employer who creates the hazard,
• 2. Employer responsible for overall site safety,
  and
• 3. Employer responsible for correcting the
  hazard.

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What Resources Are Available?

• Consultation program
• OSHA web page http//www.osha.gov/
• OSHA CD-ROM 202-783-3238
• OSHA Training Institute Ed Centers
• OSHA hotline [phone]-OSHA
• OSHA area and regional offices
• ASSE, AIHA, other trade groups

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OSHA Consultation Program

• No cost, confidential assistance
• On-site assistance with safety, health,
  ergonomics
• Serious hazard obligation!
• Sometimes there is a backlog
• Focused compliance assistance or comprehensive
  assistance