OSHA

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OSHA

  1. 1. IE 419 1 IE 419 Work Design: Productivity and Safety Dr. Andris Freivalds Class #28
  2. 2. IE 419 2 Specific Provisions 1) Waiting period 2) % wages covered 3) Maximum period covered 4) Notice given quickly Most cases settled directly, quickly Tradeoff!!
  3. 3. IE 419 3 Company’s Goal - ↓ Costs • Correct classification • Conduct payroll audit • Use a deductible • Check your mod ratio • Change risk pool • Implement a safety program • Get workers back quickly • Medical management
  4. 4. IE 419 4 Other Workers Comp Issues • 3rd party liability • Proposed changes – Disparity between states – Compulsory coverage for all – Reciprocity – Occupational diseases (non-accident) – Minimum total benefits – Survivor benefits – Choice of physician
  5. 5. IE 419 5 OSHA - Why Needed? • 14,000 workplace deaths/year • 2.5 million workers disabled/year • 300,000 new occupation disorders/year • An accident every 19 seconds! • State laws poorly enforced • State budgets very low
  6. 6. IE 419 6 OSHA • Occupational Safety & Health Act • AKA: Williams-Steiger Act, Dec. 19, 1970 • Purpose: – To reduce occupational injuries and deaths – “To assure safe and healthy working conditions for working men and women” • Occupational Safety & Health Administration
  7. 7. IE 419 7 OSHAct Objectives: • Encourage employers to ↓ hazards • Establish training programs • Monitor job-related injuries through reporting • Provide research facilities & funds • Establish mandatory standards • Establish an enforcement program • Provide for and monitor state programs
  8. 8. IE 419 8 States Rights & Responsibilities • OSHA passed to reform inadequate state laws • However states can still maintain control • State plan must be more effective • If not, OSHA takes precedence • California, North Carolina have state plans and are trend setters • Pennsylvania does not have state plan
  9. 9. IE 419 9 Employer Responsibilities • General Duty Clause (preamble) “Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” • Comply with OSHA standards • Record of work-related injuries (Form 300) • Notify employees of OSHA legal provisions • Cannot discriminate against employees who file complaint
  10. 10. IE 419 10 Employee Responsibilities • Follow company rules and regulations • Read OSHA posters • Comply with OSHA standards • Use PPE • Report hazards • Report injuries
  11. 11. IE 419 11 Employee Rights • Complain about safety/health hazards • File grievances • Participate in workplace safety committees • Participate in OSHA inspections • Receive safety training • Anonymously request OSHA inspection • Be informed of OSHA info, new standards • Be told of exposure to hazardous materials
  12. 12. IE 419 12 OSHA Administration (DOL) Asst. Sec. of Labor Director of OSHA (Edwin Foulke) Deputy Asst. Budget Administration Public Relations Field Service 10 Regions 100 Area offices 1000 Safety Insp. 600 Ind. Hygienists Special Assistant (Ergonomics) Technical Support Compliance Assistance Health & Safety Standards
  13. 13. IE 419 13 Other Agencies • National Institute for Occupational Safety and Health (NIOSH) (Director=John Howard) – Dept. of Health, Human Services – Education, research, new standards – Mine Safety & Health Administration • Occupational Safety & Health Review Commission (OSHRC) – Quasi-judicial board of 3 judges – Appointed by President – Reviews contested cases, adjudicates fines
  14. 14. IE 419 14 Inspections • To ensure compliance with standards • Priorities: – Imminent danger or investigation of fatality or catastrophic event (must be reported in 48 hrs) – Valid complaint received from employee – High-hazard industries – Follow-up inspections – General inspections
  15. 15. IE 419 15 Inspection Procedures • Entry – during normal working hours – Can be unannounced, presents credentials – But employer may deny, then search warrant – No entry during strike • Opening conference – management, union • Walk around – also 300 logs • Closing conference – discuss hazards, penalties, right to appeal
  16. 16. IE 419 16 Violations • Imminent danger – death or serious injury • Serious violation – probability of above, employer should have known • Nonserious violation – perhaps some injury (not serious), employer didn’t know • De minimis – no direct relationship to standards or safety/health • Willful/repeated violation – employer knowingly or intentionally violated act, made no effort to correct, repeated
  17. 17. IE 419 17 Penalties (per instance) Violation Max Penalty De minimis none Non-serious $7,000 Serious $7,000 Imminent danger Shutdown Failure to correct $7,000/day Failure to post info $7,000/act Failure to report death (>48 h) $7,000
  18. 18. IE 419 18 Penalties (Willful/repeat) Violation Max Penalty Willful, no death $70,000 Willful, repeat, no death $10,000, 6 months jail Willful, repeat, death $20,000, 1 yr jail Warns company $1,000, 6 months jail Gives false information $10,000, 6 months jail
  19. 19. IE 419 19 Most Frequent OSHA Citations 29 CFR Standard Subject # 1910.1200 HazCom Written program 2,944 1910.1200 HazCom Training 1,601 1910.212 Mach guard Methods (lack of) 1,542 1926.501 Fall protection Unprotected sides 1,485 1910.100 Head protection Helmets (lack of) 1,291 1904.2 Recordkeeping OSHA logs 1,087 1910.215 Abrasive wheels Guards (lack of) 1,054 1926.21 Safety training Worker instruction 1,030 1910.151 First Aid Drench facilities 1,010
  20. 20. IE 419 20 Leading Work-Related Diseases • Occupational lung diseases • Musculoskeletal injuries • Occupational cancers • Severe traumatic injuries • Cardiovascular diseases • Reproductive disorders • Neurotoxic disorders • Noise induced hearing loss • Dermatological conditions • Psychological disorders
  21. 21. IE 419 21 Penalty Reduction • Size of business – 1-25 employees → 60% – 25-100 employees → 40% – 100-250 employees → 20% • Good faith → 20% • Good record → 10%
  22. 22. IE 419 22 Right to Appeal • Employer can appeal citation (notice of contest) with area director (< 15 days) • Posts notice in plant, copy sent to union • OSHA notifies employer whether appeal to be heard • Sent to OSHRC for decision • Case assigned to judge, hearing held • Both sides present, OSHRC decides • Employer can go to U.S. Court of Appeals
  23. 23. IE 419 23 Standards & Regulations • Standards – address specific hazards – Specification: detailed technical description – Performance: recommended methods – Horizontal: apply to a wide variety of jobs – Vertical: specific to one industry • Regulations – more generic and don’t apply to specific hazards
  24. 24. IE 419 24 OSHA Standards • OSHA can adopt, amends, review – Publish intentions in Federal Register – Explain details – Hold public hearings – Final text, effective data – “Ergonomics standard” • Temporary emergency standards (rush, avoid above for imminent danger) • General duty clause
  25. 25. IE 419 25 Employer Considerations • Impact: small vs. large companies • Impact: cost vs. savings on insurance • “OSHA consultation” – Confidentiality – Requirement to correct • Star Initiative • Voluntary Protection Program

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