Introduction To Osha

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  • 1. Introduction to OSHA OSHA
  • 2. What is OSHA?
    • O ccupational
    • S afety and
    • H ealth
    • A dministration
    O S H A
  • 3. Why was OSHA created?
    • 14,000 employees died annually from job-related injuries and illnesses
    • Nearly 2.5 million employees were disabled
    • Ten times as many person-days were lost due to job-related disabilities than from strikes
    • 300,000 new cases of occupational disease
  • 4. The OSHA Act of 1970
    • The purpose of the OSH Act is to
    • “assure so far as possible every working,
    • man and woman in the nation safe and
    • healthful working conditions and to
    • preserve our human resources.”
  • 5. Who is covered – Federal OSHA?
    • Private employers with
      • one or more employees
      • business effecting commerce
    • Federal government employees
    • Not covered
      • self-employed
      • working conditions regulated by other federal agencies
      • farms employing only family members
  • 6.
    • State and local government employees
    • Private employers not on federal property
      • federal parks
      • military bases
    Who is covered – State OSHA?
  • 7. How do they operate ?
    • Regional and area offices
    • Standards
    • Inspections
    • Citations and Penalties
  • 8.
    • Section 5(a)(1) of the OSH Act
      • “ Each employer shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees.”
    General Duty Clause
  • 9.
    • Advisory Committees
      • National Advisory Committee on Occupational Safety and Health (NACOSH)
      • Advisory Committee on Construction Safety and Health
    • NIOSH Recommendations
    OSHA Standards Development
  • 10. OSHA Standards Development
    • Standards adoption process
      • Advance Notice of Proposed Rulemaking *
      • Notice of Proposed Rulemaking *
      • Public Hearing
      • Comment Period
      • Final Standard *
    * Published in the Federal Register
  • 11.
    • Emergency Temporary Standards*
      • workers in grave danger
      • proposed permanent standard
      • Final ruling within 6 months
    • Appealing a Standard
    • Variances
    • Public Petitions
    OSHA Standards Development * Published in the Federal Register
  • 12.
    • Consensus Standards
      • industry-wide stands-development organizations
    • Proprietary
      • prepared by professional experts
    OSHA Standards
  • 13.
    • Horizontal vs. Vertical
      • horizontal (general) applies to any employer in any industry
      • vertical applies to a particular industry
    • Performance vs. Specification
    • CPL/STD Documents
    OSHA Standards
  • 14. OSHA Standards
    • 29 CFR 1910
      • “ 29” Labor
    “ CFR” Code of Federal Regulations “ 1910” General Industry Standard
  • 15. Inspection Priorities
    • Imminent Danger
    • Fatalities and Catastrophes
    • Employee Complaints
      • formal
      • in-formal
    • Referrals
    • Programmed
    • Follow Up (especially willful & repeat)
  • 16.
    • Imminent Danger
      • reasonable certainty that danger exists
      • may not be eliminated via normal enforcement procedures prior to
        • death
        • serious physical harm
    Inspection Priorities
      • 1 st PRIORITY
  • 17.
    • Fatalities and Catastrophes
      • hospitalization of 3 or more employees
      • report to OSHA by employer within 8 hours
        • CALL 1 (800) 321 OSHA after hours
        • 29 CFR 1904.8
    Inspection Priorities
      • 2 nd PRIORITY
  • 18.
    • Employee Complaints and Referrals
      • formal
        • inspected
        • 95% within 5 days
      • in-formal
        • phone/fax response from OSHA within 1 day
        • 5 days for employer to respond
      • serious referrals
    Inspection Priorities
      • 3 rd PRIORITY
  • 19.
    • Programmed Inspections
      • site-specific targeting
      • national emphasis programs
      • local emphasis programs
      • Construction scheduler
    Inspection Priorities
      • 4 th PRIORITY
  • 20.
    • Follow-up Inspections
      • determines whether previously sited violations have been corrected
      • potential notice of failure-to-abate (FTS)
        • additional daily penalties
    Inspection Priorities
      • 5 th PRIORITY
  • 21. OSHA Inspection Process
    • Opening Conference
    • Inspection Tour (walkaround)
    • Closing Conference
  • 22. HIGHLIGHTS OF AN OPENING CONFERENCE
    • Compliance Safety & Health Officer (CSHO):
    • Presents credentials
    • Explains purpose of inspection
    • Requests employee participation
    • Outlines scope of the inspection
    • Determines employers on site
    • Union/non-union
    • (continued)
  • 23. HIGHLIGHTS OF AN OPENING CONFERENCE
    • CSHO:
    • Reviews OSHA Logs
    • Verifies hazard communication program
    • Verifies safety and health program
    • May verify access to employee exposure and medical records (1910.1020)
    • Verifies OSHA poster
  • 24. HIGHLIGHTS OF AN OSHA WALKAROUND INSPECTION
    • CSHO:
    • Identifies potential safety and health hazards
      • determines employee awareness & knowledge
      • evaluates PPE selection, maintenance & use
    • Documents apparent violations
    • Photographs or videotapes them
    • Instrument readings
    • Questions employees privately
  • 25. HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE
    • CSHO:
    • Gives Employer Rights & Responsibilities Following an OSHA Inspection .
    • Explains:
      • employer’s rights
      • contest procedures
      • informal conference
      • Penalties may be issued by Area Director
      • consultation services
  • 26.
    • CSHO:
    • Employee’s representative may be present
    • Employer may produce records to show compliance
    • Discusses apparent violations
    • Requests abatement of violations
    HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE
  • 27.
    • 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.
    CITATION TYPES Citation
  • 28.
    • 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)
    CITATION TYPES Citation
  • 29.
    • 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.
    CITATION TYPES Citation
  • 30.
    • 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.
    CITATION TYPES Citation
  • 31.
    • Other-Than-Serious
    • Not serious, but impacts the safety and health of employees.
    CITATION TYPES Citation Citation
  • 32.
    • Failure to Abate
    • Max
    CITATION TYPES Citation Citation
  • 33.
    • De Minimus
    • Violation which has no direct or immediate relationship to employee safety and health.
    • No Penalty.
    CITATION TYPES Citation
  • 34. 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
    $$$
  • 35. Penalty Adjustment Factors
    • Size
    • Good Faith Effort 25%
    • History (Last 3 Years) 10%
    None More than 250 20% 101 - 250 40% 26 - 100 60% 1 - 25 Reduction No. of Employees
  • 36. CITATION APPEALS
    • Citations received
    • Informal Conference
    • Contest Citation(s)
    • Administrative Law Judge
    • OSHA Review Commission
    • U.S. Court of Appeals
    • U.S. Supreme Court
  • 37. 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.
  • 38. 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 : 1-800-321-OSHA
    • OSHA area and regional offices
    • ASSE, AIHA, other trade groups
  • 39. 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
  • 40.
    • Targeted injuries and illnesses
      • silicosis
      • lead poisoning
      • amputations
    • 15% reduction
    OSHA’s Strategic Plan
  • 41.
    • Targeted industries
      • construction
      • shipyards
      • nursing homes
      • logging
      • food processing
    • 15 % reductions
    OSHA’s Strategic Plan
  • 42.
    • Decrease fatalities in construction by 15 % by focusing on
      • falls (33%)
      • struck by (22%)
      • caught between (18%)
      • electrical (17%)
    OSHA’s Strategic Plan
  • 43.
    • Change workplace culture to increase employer and employee awareness of and commitment to, and involvement in safety and health
    • Secure public confidence in OSHA through customer service
    OSHA’s Strategic Plan
  • 44. The OSHA Web Site
    • www.osha.gov
    SAFETY & HEALTH