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Gi2015 introduction to osha for small business

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This is a longer version of the intro to OSHA

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Gi2015 introduction to osha for small business

  1. 1. Introduction to OSHA for Small Businesses John Newquist Draft 3 15 2015
  2. 2. Introduction • The course is divided into six sections: • Background of OSHA • Coverage, responsibilities and rights under OSHA • Standards • OSHA inspection process • Implementing a safety and health management system • Assistance to small businesses
  3. 3. Common Law 1800s • Employee had to prove three area under Common Law • Worker accepted risk of employment • Injury was a consequence of the job • Worker had contributory negligence • Burden of proof on the injured
  4. 4. Objectives 1. Describe the tools OSHA uses to reduce workplace injuries and illnesses. 2. Identify basic employer and employee responsibilities and rights under OSHA. 3. Recognize how OSHA standards are organized and developed. 4. Select the steps of the OSHA inspection process. 5. Recognize the four elements of a safety and health management system. 6. Obtain information about compliance assistance.
  5. 5. Group Exercise • Answer the following question. • How did you become interested in this course and what do you hope to bring back to your workplace?
  6. 6. OVERVIEW • Small businesses are vital to the U.S. economy. • Small firms: • represent more than 99.7 percent of all employers • employ more than half of all private sector employees • pay 44.5 percent of total U.S. private payroll • generate 60 to 80 percent of net new jobs annually
  7. 7. Cherry Coal Mine Disaster • November 13, 1909 • 259 Died • Hay bales sent down to feed mules caught fire from burning oil from kerosene torch. • 21 men survived in a pocket 500 feet underground and were rescued after 8 days. • Outcry over tragedy lead to fire safety rules for mines and the Illinois Liabilty Act which lead later to the IL Worker Compensation Act.
  8. 8. Steel Industry • From 1906-1994, 506 workers have been killed at U.S. Steel Gary Works.
  9. 9. Triangle Shirt Waist Fire • March 25, 1911 • 146 died • Door to an exit opened inward • Outside stairway collapse • Fire hoses went only to 7th floor Exit doors may have been locked
  10. 10. Walsh-Healy • Federal contracts must be fulfilled in a healthful and safe working environment. • “blacklisted" from federal contracts for 3 years. • 1969 incorporated ACGIH’s TLV’s into the act. (Silica, Absestos were examples) 40 hour work week, over time, minimum wage, ban on child labor were major provisions
  11. 11. Texas City • April 16, 1947 • Cargo Ship of Ammonium Nitrate Exploded • Neighboring Monsanto plant caught fire • 561 died
  12. 12. Safety Laws • 1952 Coal Mine Safety Act • 1966, the Metal and Nonmetallic Mines Safety Act • 1969, the Construction Safety Act • 1970 OSHA
  13. 13. Industrial Safety 1969 • 14,500 American workers were killed annually • Safety and health laws varied state to state
  14. 14. OSHA • Department of Labor to enforce Safety and Health laws • NIOSH • OSHRC • Osha Training Institute • 56 million workers at 3.5 million workplaces in 1971 • Law signed on December 29, 1970  This Act created OSHA, the agency, which formally came into being on April 28, 1971
  15. 15. Impact • Since 1970 – Work-related fatalities cut by 62% – Overall injury and illness rate reduced 42% – Brown lung disease eliminated – Trenching fatalities reduced 35%
  16. 16. OSHA Tools • Strong, fair and effective enforcement • Outreach, education and compliance assistance • Partnerships and other cooperative programs
  17. 17. Summary of Section 1 When was the Occupational Safety and Health Act signed? Why was OSHA necessary? What are the three tools OSHA uses to fulfill its mission?
  18. 18. Coverage • Private sector employers and employees in U.S. and its territories and jurisdictions Does not cover • Self-employed • Immediate members of farming families with no outside workers • Mine workers, certain truckers and transportation workers, atomic energy workers • Public employees
  19. 19. Employer Responsibilities • Provide a workplace free from recognized hazards • Comply with OSHA standards and regulations • Be familiar with standards applicable to your workplace and make copies available
  20. 20. Employee Responsibilities and Rights Responsibilities include: • Complying with OSHA standards • Wearing required PPE • Reporting hazards to supervisor Rights include: • Reviewing standards • Receiving training • Requesting an OSHA investigation • Reviewing the OSHA 300 Log
  21. 21. Section 11(c) • Discrimination can include the following: • Firing or laying off • Blacklisting • Demoting • Denying overtime or promotion • Disciplining • Denial of benefits • Failure to hire or rehire • Intimidation • Reassignment affecting prospects for promotion • Reducing pay or hours
  22. 22. Summary of Section 2 True or False? The OSH Act covers the self- employed. • T___ F___ Name one of an employer’s three major responsibilities under OSHA. • What is Section 11(c)?
  23. 23. OSHA Standards Overview 29 CFR (Code of Federal Regulations) • 1910 – General Industry • 1926 – Construction • 1915, 1917 & 1918 - Maritime
  24. 24. Finding Standards on OSHA’s Website • www.osha.gov • Select “Standards” and use the Text Search feature
  25. 25. General Duty Clause • Section 5(a)(1) • "a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to [its] employees.“ • Employers must furnish a place of employment free from recognized hazards • Applies when there is no specific standard Not wearing seatbelts is a common citation under the general duty clause.
  26. 26. How OSHA Develops Standards • OSHA initiates or in response to petitions from other parties • Intention to propose, amend, or revoke a standard published in the Federal Register • Interested parties may submit written information; OSHA may schedule a public hearing • Final outcome is a standard or amendment, or a determination that none is necessary
  27. 27. Reporting and Recordkeeping • Report fatality/catastrophe within 8 hours • Maintain injury and illness records • Post annual summary February to April • Report amputations, hospitalizations, eye loss in 24 hours
  28. 28. Summary of Section 3 • OSHA standards are broken into parts. Which part contains the standards for General Industry? • What must employers report to OSHA within eight hours?
  29. 29. OSHA Inspection Process • Imminent danger • Catastrophes and fatal accidents • Employee complaints • Referrals • Planned or Targeted inspections • Follow-up inspections Confined spaces could be imminently dangerous.
  30. 30. Employee Representatives Selecting employee representatives If . . . Then . . . The employees are represented by a recognized bargaining representative The union usually designates the employee representative to accompany the compliance officer There is a plant safety committee and no recognized bargaining representative The employee members of that committee or the employees at large will designate the employee representative There is neither a recognized bargaining representative nor a plant safety committee The employees themselves may select the employee representative, or the compliance officer will determine if any other employees would be suitable to represent the employees There is no authorized employee representative The compliance officer must consult with a reasonable number of employees concerning safety and health matters in the workplace
  31. 31. Inspection Process • Opening conference • Walkaround • Closing conference
  32. 32. OSHA Citations Inform employers and employees of: • Regulations and standards the employer allegedly violated • Hazardous working conditions • Proposed length of time set for abatement of hazards • Any proposed penalties
  33. 33. Violations and Penalties • Other-than-serious • Serious (up to $7,000) • Willful (up to $70,000) • Repeated (up to $70,000) • Failure to abate
  34. 34. Appeals Process • May seek an informal conference or settlement prior to contest • Contest must be done within 15 working days • In writing to area office • Administrative Law Judge • OSHA Review Commission • US Appeals Court • Supreme Court
  35. 35. Summary of Section 4 • What are the stages of an OSHA inspection? • What are the types of OSHA violations
  36. 36. Implementing a Safety and Health Management System • Management Leadership and Employee Involvement • Worksite Analysis • Hazard Prevention and Control • Safety and Health Training
  37. 37. Management Leadership • Motivating force and resources • Safety and health is a fundamental value “When I walk around everyone knows I am looking for unsafe conditions or actions, proper ppe and to make sure that everyone is productively employed.”
  38. 38. Employee Involvement • Workers develop and express their own commitment to safety and health, for themselves and fellow workers
  39. 39. Group Exercise • What are some specific things managers can do (or have done) at your workplace to demonstrate management leadership and commitment to safety and health? • Discuss methods your company uses (or could use) to increase employee involvement in safety and health activities.
  40. 40. Worksite Analysis • Comprehensive survey of facility • Change analysis • Routine job hazard analyses (JHA) • Periodic and daily inspections
  41. 41. Hazard Prevention and Control • Engineering controls • Safe work practices • Administrative controls • Personal protective equipment
  42. 42. Safety and Health Training • Orientation training • Hazard recognition training • Training required by OSHA standards • Emergency response training • Accident investigation training • Emergency drill training
  43. 43. Summary of Section 5 • What are the four elements of a safety and health system? • What are some important factors in making your safety and health program successful?
  44. 44. Assistance to Small Businesses • Office of Small Business Assistance • (202) 693-2220 • Compliance Assistance (Quick Start) • (630) 896-8700 • On-Site Consultation Program • Search “Illinois On-Site Safety Health Consultation Program"
  45. 45. IL Onsite Consultation
  46. 46. Other Cooperative Programs • Alliances • Partnerships • Voluntary Protection Programs (VPP)
  47. 47. Compliance Assistance • Compliance assistance resources • Compliance Assistance Specialists (CASs) • Candra Jefferson 630- 896-8700 • OSHA website
  48. 48. Training • OSHA Office of Training and Education - http://www.nsec.niu.edu/nsec/ • OSHA Training Institute Education Centers
  49. 49. Summary of Section 6 • What are some benefits of working with the On-Site Consultation program? • How would you obtain information on resources available to small businesses from OSHA?
  50. 50. Course Summary and Closing • 1. Describe the tools OSHA uses to reduce workplace injuries and illnesses. • 2. Identify basic employer and employee responsibilities and rights under OSHA. • 3. Recognize how OSHA standards are organized and developed. • 4. Select the steps of the OSHA inspection process. • 5. Recognize the four elements of a safety and health management system. • 6. Obtain information about compliance assistance.

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