Complying with OSHA Requirements

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OSHA is an industry watchdog; it ensures that American workers were provided with a health and safe workplace through the implementation of a wide variety of standards and by providing valuable research and training in occupational safety and health.

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Complying with OSHA Requirements

  1. 1. Complying with OSHA Requirements: An Overview of OSHA’s Role in Ensuring Workers’ Health and Safety, OSHA Regulations and Violations
  2. 2. What is OSHA? The Occupational Safety and Health Act of 1970 was passed into law on December 29, 1970 to establish the Occupational Safety and Health Administration (OSHA). OSHA is an industry watchdog; it ensures that American workers were provided with a health and safe workplace through the implementation of a wide variety of standards and by providing valuable research and training in occupational safety and health. US Department of Labor, Occupational Safety and Health Administration
  3. 3. Role of the Federal Register in OSHA Rulemaking and Regulations The Federal Register is the United States government’s official daily publication for federal notices, regulations and proposed rulemaking, executive orders and related documents. All citizens have access to the federal register and are free to comment on proposed rules, including those issued by OSHA.
  4. 4. The Federal Register has its own website where one can access OSHA proposed rules and regulations: https://www.federalregister.gov/ US Department of Labor, Occupational Safety and Health Administration
  5. 5. What is the Code of Federal Regulations? The Code of Federal Regulations is “a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government.” • Divided into 50 Titles that are dedicated to several areas subject to federal regulations • These titles contain one or more individual volumes updated yearly U.S. Government Printing Office
  6. 6. What Standards Apply to OSHA-Covered Industries? Standards – 29 CFR General Industries – 1910 Construction – 1926 US Department of Labor, Occupational Safety and Health Administration
  7. 7. Maritime PART 1915 - Occup. Safety and Health Standards for Shipyard Employment PART 1917 - Marine Terminals PART 1918 - Safety and Health Regulations for Longshoring US Department of Labor, Occupational Safety and Health Administration
  8. 8. Recordkeeping – 1904 Agriculture – 1928 State Plans – 1952 US Department of Labor, Occupational Safety and Health Administration
  9. 9. Benefits of Compliance • Prevent unnecessary workplace accidents • Minimize workplace-related injuries, absences and attrition • Enhanced productivity and boost in employee morale • Reduced insurance and compensation costs OSHACampus.com
  10. 10. What Should Companies Do to Maintain Compliance? • Ensure that workers have obtained the necessary OSHA 10 or 30-hour training, as well as onsite and yearly refresher training if necessary • Provide workers the required training for using job-specific personal protective equipment • Provide medical check-ups and evaluations as deemed necessary by a governing standard OSHACampus.com
  11. 11. Types of OSHA Violations Other than Serious Violations • A violation of employee’s right to safety and health, one that’s directly associated with one’s job but “will not cause death or serious physical harm.” • Each count of violation has a proposed penalty of $7,000, but may be contested by employer US Department of Labor, Occupational Safety and Health Administration
  12. 12. Serious Violation • A violation where death or serious physical injury may result from known and recognized on-the-job hazard that the employer is wellaware of. • $7,000 for each violation but may be lowered based on size of business, severity of violation and employer’s good history and record • US Department of Labor, Occupational Safety and Health Administration
  13. 13. Willful Violation • Occurs when an employer “knowingly commits or commits” a violation “with plain indifference to the law” and does nothing about it • Civil penalties may be up to $70,000 for EVERY willful violation; minimum penalty for each violation is $5,000 • Civil penalty and/or imprisonment for violations that have resulted in the death of a worker • Fees may even reach a whopping $250,000 to $500,000 US Department of Labor, Occupational Safety and Health Administration
  14. 14. Repeated Violation • A violation of OSHA standards, regulations, orders found out during reinspection that is similar to a previous final citation • Can bring up a fine of up to $70,000 for each previously similar violation US Department of Labor, Occupational Safety and Health Administration
  15. 15. Failure to Abate Prior Violation • Failure to abate a previous violation • A civil penalty of $7,000 for every business day that the violation has been committed starting from the abatement date US Department of Labor, Occupational Safety and Health Administration
  16. 16. De Minimis Violation • A violation of OSHA standards that have no direct effect or association with employee health and safety US Department of Labor, Occupational Safety and Health Administration
  17. 17. OSHA Other Forms of Violation • Falsifying documentations • Failure to post requirements, submit record of employee training • Assaulting and intimidating a compliance officer or preventing them from performing an inspection US Department of Labor, Occupational Safety and Health Administration
  18. 18. What are the Consequences of NonCompliance? – Civil penalties – Imprisonment OSHACampus.com
  19. 19. Reporting OSHA Violations and Employee Protection OSHA protects employees who report workplace violations that their employers are committing. If their employer retaliates against the employee in any form, the employer will be subject to the corrective actions enforced by the Department of Labor in court, as stated in 29 U.S.C. § 660(c)(1, 2)). US Department of Labor, Occupational Safety and Health Administration
  20. 20. Sources: • http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CF R • http://www.twc.state.tx.us/news/efte/osha.html • https://www.osha.gov/OshDoc/data_General_Facts/newbusinessesfactsheet.html • https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=S TANDARDS&p_toc_level=1&p_keyvalue=1952 • http://www.law.cornell.edu/uscode/text/29/660 • http://www.oshacampus.com/blog/managing-risk-with-osha-safetytraining/

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