this material was produced under the grant sh-22285-11-60-f-11 from the occupational safety and...

MODULE 0

Introduction to OSHA“This material was produced under the grant SH-22285-11-60-F-11 from the Occupational

Safety and Health Administration, U.S. Department of Labor, and contract 212-2009-M-32109 from the National Institute for Occupational Safety and Health. It does not necessarily reflect the views or policies of the U.S. Department of Labor or U.S. Department of Health and Human Services, respectively, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”

Introduction to OSHA

h Objectives– Recognize major provisions of the OSH Act– Identify key phases of an OSHA inspection– Locate OSHA standards– Recognize employer responsibilities at multi-

employer worksites– General understanding of Part 1926

standards, “Competent Persons” & “Qualified Persons”

– Respond appropriately to an OSHA inspection

What do you know about OSHA?

When did you first hear about OSHA?

What did you think about OSHA then?

What do you think is OSHA’s mission?

What is OSHA?

Federal agency located with in the Department of Labor

On December 29, 1970, President Nixon signed the OSH Act; it opened April 28, 1971

“[T]o assure … every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.”

Why Did Congress Create OSHA?

On average, 13 workers died every day from job injuries in 2010.

Approximately 4,600 Americans died from workplace injuries annually during the same period.

Nearly 3.1 million non- fatal workplace injuries and illnesses were reported for 2010

What Does OSHA Do?

Develop standards Inspect employers Investigate injuries and

fatalities Issue citations and

impose penalties (civil or criminal)

Assist in occupational safety and health training

Who Is Accountable to OSHA?

An EMPLOYER is defined as a person engaged in a business affecting commerce who has employees; it does not include the United States or other government entity.

An EMPLOYEE is defined as a person employed by an employer who affects commerce.

Who is covered by OSHA?

1. Harry Adams, a miner at Aggregate Quarry

2. Juan Martinez, one of 3 employees of Roadside Mowing.

3. Taylor Dell, a consulting engineer in business for herself.

4. Rob Jones, one of 10 laborers working for Paving, Inc.

No. Covered by

MSHAYes

No. Self-Employed

are not covered

Yes

How Does OSHA Create Standards?

Adoption of existing industry consensus standards

Rulemaking Emergency Temporary

Standards Variances

Sister Agencies

National Institute for Occupational Safety and Health (NIOSH)

Occupational Safety and Health Review Commission (OSHRC)

Preemption

4(b)(1) PreemptionFMCSAFHWA

State Plan States

States may assume responsibility for enforcing occupational safety and health regulations in lieu of federal OSHA

State must issue and enforce standards that are substantially equal to the federal standards

State Plan States

Where Can I Find Out About New Standards?

Federal Register OSHA Website

(www.osha.gov)

Finding OSHA Standards

29 CFR 1926.600-606Title

Code of Federal Regulations

Part

Subpart (Grouping of Sections, 600-606 = Subpart O, Motor Vehicles and Mechanized Equipment)

(1926 = Construction) Section(Individual number)

What Authority Does OSHAHave at a Worksite?

Inspect

Issue Citations

OSHA Inspection Priority

Priority Category of Inspection

1st Imminent Danger:Reasonable certainty an immediate danger exists

2nd Fatality/Catastrophe:Reported to OSHA; inspected as soon as possible

3rd Complaints/Referrals:Worker or worker representative can file a complaint about a safety or health hazard

4th Programmed Inspections:Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

Citations Cite for violations of OSHA

standards or general duty clause (5(a)(1))

When issuing a citation OSHA must ensure that: The citation is in writing It describes the particular

violation and applicable standard or authority

The citation is posted A reasonable abatement period

is attached to the citation

Employer and Employee Rights

Employers have the right to contest all aspects of a citation.

Employees only have a right to contest the time period fixed for abating the hazard.

Penalties

Willful or Repeated = Up to $70,000 per violation with a minimum of $5,000 for a willful violation

Serious and “Other than Serious” violations, to a maximum of $7,000

Failure to abate a hazard, a maximum of $7,000 per day for each day the violation continues

Penalties (continued)

Advance notice of an inspection without authority, a maximum of $1,000 or imprisonment for not more than 6 months

False statements, representation or certification on documents maintained as required by the OSH Act, maximum of $10,000 or imprison- ment for not more than 6 months

Inspection Process

Opening Conference Walk Around Closing Conference

Multi-Employer Policy

Exposing Employer Creating Employer Correcting Employer Controlling Employer

Required Personnel(Key OSHA Terms)

Competent Person Qualified Person Designated Person Authorized Person

Competent Person

Capable of identifying existing and predictable hazards and hazardous working conditions; and

Has authorization to take prompt corrective measures to eliminate them

Authorized Person

A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location or locations at the jobsite

(Same definition for Designated Person)

Qualified Person One who, by possession of a

recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has proven the ability to solve and resolve work-related problems…..

Worker Rights

The creation of OSHA provided workers the right to a safe and healthful workplace.

Section 5(a)(1) of the OSH Act states: “Each employer 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."

Illness and Injury Information

OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses.

Workers have the right to review the current log, as well as the logs stored for the past 5 years.

Workers also have the right to view the annually posted summary of the injuries and illnesses (OSHA 300A).

Complain and Request Corrections

Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith.

OSHA regulations [29CFR 1977.9(c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.

Right to Training

Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow.

Some required training covers topics such as, lockout-tagout, blood-borne pathogens, noise, confined spaces, fall hazards in construction, and personal protective equipment---along with a variety of other subjects.

Examine Exposure & Medical Records

1910.1020: right to examine & copy records

Examples of toxic substances and harmful physical agents are:Metals and dusts, such as lead,

cadmium, and silica.Biological agents such as bacteria,

viruses, and fungi.Physical stress such as noise, heat,

cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.

File a Complaint with OSHA

Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace.

Workers may request that their name not be revealed to the employer.

If a worker files a complaint, they have the right to find out OSHA’s action on the complaint and request a review if an inspection is not made.

Free from Retaliation

Workers have the right to be free from retaliation for exercising safety and health rights.

Workers have a right to seek safety and health on the job without fear of punishment.

This right is spelled out in Section 11(c) of the OSH Act.

Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights.

Participate in an OSHA Inspection

An employee representative can accompany the OSHA inspector.

Workers can talk to the inspector privately. Workers may point out hazards, describe

injuries, illnesses or near misses that resulted from those hazards, and describe any concerns they have about a safety or health issue.

Workers can find out about inspection results, abatement measures and may object to dates set for violations to be corrected.

VIRTUAL INSPECTIONIdentify the Hazards

Problems:•Not a legal sign•Sign not far enough in advance of the work zone

Problems:• Ladder not in trench box•Edges not protected from falls•Worker outside trench box

Problems:•Chevrons/hatch marks pointing in wrong direction.

Problems:•Outrigger on unstable surface.• Poor walking surface

Problems:•No apparent problems.

Problems:• Improper use of drum•No fall protection system

Problems:•No class 2 vest•Working near water (rescue equipment?)• Forms become confined spaces if entered

Problem:•Where is the fire extinguisher?

Problems:• Improper containers•No labeling• Possible mixing of hazardous substances

ENDModule 1