Introduction to OSHA

1
Introduction to OSHA

• OccupationalSafety andHealthAdministration

2
OSHAs mission

• Encourage employers and employees to reduce
  workplace hazards and to implement new or improve
  existing safety and health programs

1a
3
OSHAs mission

• Provide for research in occupational safety and
  health to develop innovative ways of dealing with
  occupational safety and health problems

1b
4
OSHAs mission

• Establish separate but dependent responsibilities
  and rights for employers and employees for the
  achievement of better safety and health conditions

1c
5
OSHAs mission

• Maintain a reporting and recordkeeping system to
  monitor job-related injuries and illnesses
• Establish training programs to increase the
  number and competence of occupational safety and
  health personnel

1d
6
OSHAs mission

• Develop mandatory job safety and health standards
  and enforce them effectively
• Provide for the development, analysis, evaluation
  and approval of state occupational safety and
  health programs

1e
7
OSH Act coverage

• Employers
• Employees

2a
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OSH Act coverage

• Not covered
• self-employed persons
• farms at which only immediate member of the farm
  employers family are employed
• workplaces already protected by other federal
  agencies under other federal statutes

2b
9
OSH Act coverage

• Coverage may be under a state job safety and
  health plan

2c
10
Requirements of the General Duty Clause

• What is the General Duty Clause?
• How does OSHA use the General Duty Clause?
• Steps company is taking that go beyond compliance
  with OSHA standards

3a
11
Workplace inspections

• Authority
• Normally notice is not given
• Employees representative must be informed

4a
12
Inspection priorities

• Imminent danger
• Catastrophes and fatal accidents
• Employee complaints

5a
13
Inspection priorities

• Programmed inspections
• Follow-up inspections
• Records review

5b
14
Procedures for Inspections

• Inspectors credentials
• Opening conference
• Inspection process
• Closing conference

6a
15
Citations

• Informs employers and employees of the
  regulations and standards alleged to have been
  violated
• The employer must post a copy

7a
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Citations

• Appeals by employees may be made on
• decision not to issue a citation
• time allowed for abatement of a hazardous
  condition
• Employees may not appeal a citation, but may
  submit a written objection

7b
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Citations

• Employers may appeal citation

7c
18
Penalties

• Categories of Violations
• serious
• other-than-serious
• willful
• repeat
• failure to abate

8a
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Penalties

• Additional violations for which citations and
  penalties may be issued
• falsifying records
• assaulting a compliance officer

8b
20
Contesting a citation

• Informal conference request may be made prior to
  deciding to contest
• obtain a better explanation of the violations
  cited
• obtain a more complete understanding of the
  specific standards which apply

9a
21
Contesting a citation

• Informal conference request may be made prior to
  deciding to contest
• negotiate and enter into an informal Settlement
  Agreement
• Discuss ways to correct the violations
• Discuss problems with the abatement dates

9b
22
Contesting a citation

• Informal conference request may be made prior to
  deciding to contest
• Discuss problems concerning employee safety
  practices
• Resolve disputed citations and penalties
• Obtain answer to any other questions

9c
23
Contesting a citation

• Notice of Contest must clearly state
• what is being contested
• the citation
• the penalty
• the abatement date
• any combination of these
• which violations on the citation are being
  contested

9d
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Employer responsibilities

• Meet the general duty responsibility to provide a
  workplace free from recognized hazards that are
  causing or are likely to cause death or serious
  physical harm to employees, and comply with
  standards, rules and regulations issued under the
  Act

10a
25
Employer responsibilities

• Be familiar with mandatory OSHA standards and
  make copies available to employees for review
  upon request
• Inform all employees about OSHA

10b
26
Employer responsibilities

• Examine workplace conditions to make sure they
  conform to applicable standards
• Minimize or reduce hazards

10c
27
Employer responsibilities

• Make sure employees have and use safe tools and
  equipment (including appropriate personal
  protective equipment), and that such equipment is
  properly maintained

10d
28
Employer responsibilities

• Use color codes, posters, labels or signs when
  needed to warn employees of potential hazards
• Establish or update operating procedures and
  communicate them so that employees follow safety
  and health requirements

10e
29
Employer responsibilities

• Provide training required by OSHA standards
  (e.g., hazard communication, lead, etc.)

10f
30
Employer responsibilities

• Provide medical examinations when required by
  OSHA standards

10g
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Employer responsibilities

• Report to the nearest OSHA office within 8 hours
  any fatal accident or one which results in the
  hospitalization of three or more employees

10h
32
Employer responsibilities

• Keep OSHA-required records of work-related
  injuries and illnesses, and post a copy of the
  totals from the last page of OSHA No. 200 during
  the entire month of February each year (this
  applies to employers with 11 or more employees)

10i
33
Employer responsibilities

• Post, at a prominent location within the
  workplace, the OSHA poster (OSHA 2203) informing
  employees of their rights and responsibilities
  (in states operating OSHA-approved job safety and
  health programs, the state's equivalent poster
  and/or OSHA 2203 may be required)

10j
34
Employer responsibilities

• Provide employees, former employees, and their
  representatives access to the Log and Summary of
  Occupational Injuries and Illnesses (OSHA No.
  200) at a reasonable time and in a reasonable
  manner

10k
35
Employer responsibilities

• Provide access to employee medical records and
  exposure records to employees or their authorized
  representatives

10l
36
Employer responsibilities

• Cooperate with OSHA compliance officer by
  furnishing names of authorized employee reps who
  may be asked to accompany the officer during an
  inspection (if none, the officer will consult
  with a number of employees about safety health
  in the workplace.)

10m
37
Employer responsibilities

• Not discriminate against employees who properly
  exercise their rights under the Act

10n
38
Employer responsibilities

• Post OSHA citations at or near the worksite
  involved. Each citation, or copy thereof, must
  remain posted until the violation has been
  abated, or for three working days, whichever is
  longer

10o
39
Employer responsibilities

• Abate cited violations within the prescribed
  period

10p
40
Employer rights

• Seek advice and off-site consultation as needed
  by writing, calling or visiting the nearest OSHA
  Office (OSHA will not inspect merely because an
  employer requests assistance)

10q
41
Employer rights

• Be active in industry associations involved in
  job safety and health

10r
42
Employer rights

• Request and receive proper identification of the
  OSHA compliance officer prior to inspection
• Be advised by the compliance officer of the
  reason for an inspection

10s
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Employer rights

• Have an opening and closing conference with the
  compliance officer
• Accompany the compliance officer on the inspection

10t
44
Employer rights

• File a Notice of Contest with the OSHA area
  director within 15 working days of receipt of a
  notice of citation and proposed penalty

10u
45
Employer rights

• Apply to OSHA for a temporary variance from a
  standard if unable to comply because of the
  unavailability of materials, equipment or
  personnel needed to make necessary changes within
  the required time

10v
46
Employer rights

• Apply to OSHA for a permanent variance from a
  standard if the employer can furnish proof that
  their facilities or method of operation provide
  employee protection at least as effective as that
  required by the standard

10w
47
Employer rights

• Take an active role in developing safety health
  standards through participation in OSHA Standards
  Advisory Committees, through nationally
  recognized standards-setting organizations and
  through evidence and views presented in writing
  or at hearings

10x
48
Employer rights

• Be assured of the confidentiality of any trade
  secrets observed by an OSHA compliance officer
  during an inspection

10y
49
Employer rights

• Submit a written request to NIOSH for information
  on whether any substance in your workplace has
  potentially toxic effects in the concentrations
  being used

10z
50
Employee responsibilities

• Read the OSHA poster at the jobsite
• Comply with all applicable OSHA standards

11a
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Employee responsibilities

• Follow all employer safety and health rules and
  regulations, and wear or use prescribed
  protective equipment while engaged in work
• Report hazardous conditions to the supervisor

11b
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Employee responsibilities

• Report any job-related injury or illness to the
  employer, and seek treatment promptly
• Cooperate with the OSHA compliance officer
  conducting an inspection if he or she inquires
  about safety and health conditions in your
  workplace

11c
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Employee responsibilities

• Exercise your rights under the Act in a
  responsible manner

11d
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Employee rights

• Right to seek safety and health on the job
  without fear of punishment

11e
55
Employee rights

• Employers may not punish workers for exercising
  rights such as
• complaining to an employer, union, OSHA, or any
  other government agency about job safety and
  health
• filing safety or health grievances

11f
56
Employee rights

• Employers may not punish workers for exercising
  rights such as
• participating on a workplace safety and health
  committee or in union activities concerning job
  safety and health

11g
57
Employee rights

• Employers may not punish workers for exercising
  rights such as
• participating in OSHA inspections, conferences,
  hearings or other OSHA-related activities

11h
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Employee rights

• Review copies of appropriate OSHA standards,
  rules, regulations, and requirements that the
  employer should have available at the workplace

11i
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Employee rights

• Request information from your employer on safety
  and health hazards in the area, on precautions
  that may be taken, and on procedures to be
  followed if an employee is involved in an
  accident or is exposed to toxic substances

11j
60
Employee rights

• Receive adequate training and information on
  workplace safety and health hazards
• Request the OSHA area director to conduct an
  inspection if you believe hazardous conditions or
  violations of standards exist in your workplace

11k
61
Employee rights

• Have your name withheld from your employer, upon
  request to OSHA, if you file a written and signed
  complaint

11l
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Employee rights

• Be advised of OSHA actions regarding your
  complaint and have an informal review, if
  requested, of any decision not to inspect or
  to issue a citation

11m
63
Employee rights

• Have your authorized employee representative
  accompany the OSHA compliance officer during the
  inspection tour

11n
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Employee rights

• Respond to questions from the OSHA compliance
  officer, particularly if there is no authorized
  employee representative accompanying the
  compliance officer

11o
65
Employee rights

• Observe any monitoring or measuring of hazardous
  materials and have the right to see these
  records, as specified under the Act

11p
66
Employee rights

• Have your authorized representative, or yourself,
  review the Log and Summary of Occupational
  Injuries (OSHA No. 200) at a reasonable time and
  in a reasonable manner

11q
67
Employee rights

• Request a closing discussion with the compliance
  officer following an inspection

11r
68
Employee rights

• Submit a written request to NIOSH for information
  on whether any substance in your workplace has
  potentially toxic effects in the concentration
  being used, and have your name withheld from your
  employer if you so request

11s
69
Employee rights

• Object to the abatement period set in the
  citation issued to your employer by writing to
  the OSHA area director within 15 working days of
  the issuance of the citation

11t
70
Employee rights

• Be notified by your employer if he or she applies
  for a variance from an OSHA standard, and testify
  at a variance hearing and appeal the final
  decision

11u
71
Employee rights

• Submit information or comment to OSHA on the
  issuance, modification, or revocation of OSHA
  standards and request a public hearing

11v