introduction to osha occupational safety and health administration keeping safe in the workplace

Introduction to OSHAIntroduction to OSHA

OOccupationalccupational

SSafety andafety and

HHealth ealth

AAdministrationdministration

Keeping Safe in the Workplace

Section ISection I

IntroductionIntroduction

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OSHAOSHA

In 1970, Congress considered:In 1970, Congress considered: Job-related accidents more than 14,000 Job-related accidents more than 14,000

worker deathsworker deaths 2 ½ million workers disabled2 ½ million workers disabled 10 times as many person-days lost from 10 times as many person-days lost from

job-related disabilities as from strikesjob-related disabilities as from strikes 300,000 new cases of occupational 300,000 new cases of occupational

diseasesdiseases

3

OSHAOSHA Major lossesMajor losses

Production and wagesProduction and wages Medical expensesMedical expenses Disability compensationDisability compensation Human costHuman cost

Congress passed the Occupational Congress passed the Occupational Safety and Health Act (OSH Act) of Safety and Health Act (OSH Act) of 19701970

4

Section IISection II

OSHAOSHA

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OSHA’s missionOSHA’s mission

Encourage employers and employees Encourage employers and employees to reduce workplace hazards and to to reduce workplace hazards and to implement new, or improve existing, implement new, or improve existing, safety and health programssafety and health programs

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Provide research to develop ways of Provide research to develop ways of dealing with occupational safety and dealing with occupational safety and health problemshealth problems

Establish separate, but dependent Establish separate, but dependent responsibilities and rights for responsibilities and rights for employers and employees to achieve employers and employees to achieve better safety and health conditionsbetter safety and health conditions

7

OSHA’s missionOSHA’s mission Maintain a reporting and Maintain a reporting and

recordkeeping system to monitor job-recordkeeping system to monitor job-related injuries and illnessesrelated injuries and illnesses

Establish training programs Establish training programs to increase the number and to increase the number and competence of occupational competence of occupational safety and health personnelsafety and health personnel

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Develop mandatory job safety and Develop mandatory job safety and health standards and enforce them health standards and enforce them effectivelyeffectively

Provide for the development, Provide for the development, analysis, evaluation and approval of analysis, evaluation and approval of state occupational safety and health state occupational safety and health programsprograms

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OSHA guarantees employers and OSHA guarantees employers and employees the right to be fully employees the right to be fully informed, to participate actively and to informed, to participate actively and to appeal actions.appeal actions.

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Section IIISection III

OSH ActOSH Act

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OSH ActOSH Act

Employer – any person engaged in a Employer – any person engaged in a business affecting commerce who business affecting commerce who has employees, but does not include has employees, but does not include the U.S. or any state or political the U.S. or any state or political subdivision of a statesubdivision of a state

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OSH ActOSH Act Not coveredNot covered

self-employed personsself-employed persons farms at which only immediate members farms at which only immediate members

of the farm employer’s family are of the farm employer’s family are employedemployed

workplaces already workplaces already protected by other federal protected by other federal agencies under other agencies under other federal statutesfederal statutes

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OSH ActOSH Act

OSHA standards apply even if other OSHA standards apply even if other federal agency is authorized to federal agency is authorized to regulateregulate

States encouraged to develop and States encouraged to develop and operate, under OSHA guidance, state operate, under OSHA guidance, state job safety and health plansjob safety and health plans

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OSH ActOSH Act

OSHA publicizes legally enforceable OSHA publicizes legally enforceable standardsstandards

Standards may require practices, means, Standards may require practices, means, methods or processes necessary and methods or processes necessary and appropriate to protect workers on the jobappropriate to protect workers on the job

General Duty Clause is used more in General Duty Clause is used more in penalty enforcementpenalty enforcement

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General Duty ClauseGeneral Duty Clause Employers:Employers:

furnish employees employment and place furnish employees employment and place of employment free from recognized of employment free from recognized hazards that cause or are likely to cause hazards that cause or are likely to cause death or serious harm to employeesdeath or serious harm to employees

Protect employees even if no OSHA Protect employees even if no OSHA standard applies to situation or if hazards standard applies to situation or if hazards exists after compliance (e.g., ergonomics)exists after compliance (e.g., ergonomics)

Take additional steps toward safetyTake additional steps toward safety

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General Duty ClauseGeneral Duty Clause

General Duty ClauseGeneral Duty Clause Extends OSHA’s authority beyond Extends OSHA’s authority beyond

specific OSHA standardsspecific OSHA standards Used when there is no specific standard Used when there is no specific standard

that applies to recognized hazardthat applies to recognized hazard Used when standard exists, but hazards Used when standard exists, but hazards

warrant additional precautions beyond warrant additional precautions beyond what safety standards requirewhat safety standards require

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Employers make good faith efforts to Employers make good faith efforts to correct existing workplace hazards correct existing workplace hazards and identify new hazardsand identify new hazards Review accident and injury records to Review accident and injury records to

identify patternsidentify patterns Investigate all accidents and injuries in Investigate all accidents and injuries in

workplaceworkplace Conduct job hazard analysesConduct job hazard analyses

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Supervisors and managers can:Supervisors and managers can: Document training efforts and conduct Document training efforts and conduct

retrainingretraining Establish employee safety committeeEstablish employee safety committee Assess whether process Assess whether process

is still unsafeis still unsafe

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Section IVSection IV

InspectionsInspections

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Workplace inspectionsWorkplace inspections Knowledgeable and experienced Knowledgeable and experienced

compliance officers – trained in compliance officers – trained in OSHA standardsOSHA standards

No noticeNo notice

Alerting employer can Alerting employer can bring fines and/or jailbring fines and/or jail

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Workplace inspectionsWorkplace inspections

Special circumstances – notice of less Special circumstances – notice of less than 24 hoursthan 24 hours Imminent danger situationsImminent danger situations Inspections that must take place after Inspections that must take place after

regular hours or require special regular hours or require special preparationpreparation

Notice is required to assure that Notice is required to assure that employer and employee rep are presentemployer and employee rep are present

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Workplace inspectionsWorkplace inspections Special circumstancesSpecial circumstances

Inspection must be delayed for more Inspection must be delayed for more than 5 days with good causethan 5 days with good cause

OSHA area director OSHA area director determines notice would determines notice would produce more thorough produce more thorough inspectioninspection

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Worksite inspectionsWorksite inspections

Inform employee representativeInform employee representative Employer must admit compliance Employer must admit compliance

officerofficer Employer may not interfere with Employer may not interfere with

inspectioninspection OSHA may not conduct warrantless OSHA may not conduct warrantless

inspections without consentinspections without consent

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Inspection prioritiesInspection priorities

Imminent danger – any condition Imminent danger – any condition where there is reasonable certainty where there is reasonable certainty that danger exists that can cause that danger exists that can cause death or serious physical harm death or serious physical harm immediately, or before danger can immediately, or before danger can be eliminatedbe eliminated

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Inspection prioritiesInspection priorities Catastrophes and fatal accidents – Catastrophes and fatal accidents –

fatalities and accidents resulting in fatalities and accidents resulting in hospitalization of three or more hospitalization of three or more employeesemployees Must be reported within 8 hoursMust be reported within 8 hours

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Employee complaints – alleged Employee complaints – alleged violations of standards or unsafe or violations of standards or unsafe or unhealthful working conditionsunhealthful working conditions Employee feels imminent dangerEmployee feels imminent danger Employee feels there is a violation of Employee feels there is a violation of

standard that threatens physical harmstandard that threatens physical harm

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Employee complaints Employee complaints OSHA will maintain confidentialityOSHA will maintain confidentiality OSHA will inform employee of action OSHA will inform employee of action

takentaken OSH will hold informal review of OSH will hold informal review of

decision not to inspect decision not to inspect

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Programmed inspections – Programmed inspections – inspections aimed at high hazard inspections aimed at high hazard industries, occupations or health industries, occupations or health substancessubstances

Follow-up inspections – determine if Follow-up inspections – determine if previously cited violations have been previously cited violations have been correctedcorrected

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Inspection prioritiesInspection priorities Records review – examination of Records review – examination of

employer’s injury and illness employer’s injury and illness records (OSHA 300 form) to records (OSHA 300 form) to determine whether to conduct determine whether to conduct workplace workplace inspectioninspection

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Inspector’s credentialsInspector’s credentials Employer should request to see Employer should request to see

credentialscredentials Credential has photo and serial numberCredential has photo and serial number Compliance officers may not collect Compliance officers may not collect

penalty at time of inspectionpenalty at time of inspection Compliance officer may not promote Compliance officer may not promote

sale of product or servicesale of product or service

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InspectionsInspections Opening conferenceOpening conference

Compliance officer explains how company Compliance officer explains how company selected and if it will be subject to safety selected and if it will be subject to safety inspectioninspection

Compliance officer explains Compliance officer explains purpose, scope and standards purpose, scope and standards that applythat apply

Employer asked to select Employer asked to select employee representative. If no employee representative. If no employee rep, compliance officer employee rep, compliance officer must consult with other employeesmust consult with other employees

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InspectionsInspections Inspection processInspection process

Compliance officer and reps inspect for Compliance officer and reps inspect for safety or health hazardssafety or health hazards

Officer determines route and Officer determines route and duration of inspectionduration of inspection

Officer may consult with Officer may consult with employees, take photos, employees, take photos, instrument readings, examine instrument readings, examine records, measure noise levels, etc.records, measure noise levels, etc.

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Inspection processInspection process Compliance officer inspects records of Compliance officer inspects records of

deaths, injuries and illnesses (OSHA deaths, injuries and illnesses (OSHA form 300-A)form 300-A)

Officer will explain requirements of Officer will explain requirements of Hazard Communication StandardHazard Communication Standard

Officer will point out unsafe or Officer will point out unsafe or unhealthful working conditions. Will unhealthful working conditions. Will discuss possible corrective actiondiscuss possible corrective action

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InspectionsInspections Closing conferenceClosing conference

Includes compliance officer, employer and Includes compliance officer, employer and employee repemployee rep

Employer receives “rights and responsibility” Employer receives “rights and responsibility” bookletbooklet

Officer discusses unsafe or unhealthful Officer discusses unsafe or unhealthful conditions and will note violations for which conditions and will note violations for which citation may be issuedcitation may be issued

Officer will not indicate any specific penaltiesOfficer will not indicate any specific penalties

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Section VSection V

Citations and Citations and PenaltiesPenalties

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CitationsCitations

Inform employers and employees of Inform employers and employees of the regulations and standards the regulations and standards alleged to have been violated and alleged to have been violated and length of time set for abatementlength of time set for abatement

Employer must post a Employer must post a copycopy

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CitationsCitations

Appeals by employees may be made on:Appeals by employees may be made on: decision not to issue a citationdecision not to issue a citation time allowed for abatement of a hazardous time allowed for abatement of a hazardous

conditioncondition

Employees may not contest a citation, but Employees may not contest a citation, but may submit a written objectionmay submit a written objection

Employees may request informal Employees may request informal conference with OSHAconference with OSHA

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CitationsCitations Employers may request informal Employers may request informal

meeting with OSHA area directormeeting with OSHA area director

Area director may propose settlement Area director may propose settlement agreementagreement

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PenaltiesPenalties

Categories of ViolationsCategories of Violations seriousserious other-than-seriousother-than-serious willfulwillful repeatrepeat failure to abatefailure to abate

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PenaltiesPenalties Severity of violation and probability of Severity of violation and probability of

injury or illness will determine base injury or illness will determine base penalty.penalty.

Penalty amounts Penalty amounts are proposedare proposed

Employers may contest penaltyEmployers may contest penalty

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PenaltiesPenalties

Additional violations for which Additional violations for which citations and penalties may be citations and penalties may be issuedissued falsifying recordsfalsifying records assaulting a compliance officerassaulting a compliance officer

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Contesting a citationContesting a citation

Informal conference request Informal conference request obtain a better explanation of the obtain a better explanation of the

violationsviolations obtain a more complete understanding obtain a more complete understanding

of the specific standards that applyof the specific standards that apply negotiate and enter into an informal negotiate and enter into an informal

Settlement AgreementSettlement Agreement

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Contesting a citationContesting a citation Informal conferenceInformal conference

Discuss ways to correct the violationsDiscuss ways to correct the violations Discuss problems with the abatement Discuss problems with the abatement

datesdates Discuss problems concerning employee Discuss problems concerning employee

safety practicessafety practices Resolve disputed citations and penaltiesResolve disputed citations and penalties

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Contesting a citationContesting a citation

Notice of contest submitted with 15 Notice of contest submitted with 15 working days of receiptworking days of receipt

Notice of Contest must state:Notice of Contest must state: what is being contestedwhat is being contested which violations on the citation are which violations on the citation are

being contestedbeing contested

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Section VISection VI

Employer Employer Responsibilities & Responsibilities &

RightsRights

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Employer responsibilitiesEmployer responsibilities

Meet the general duty responsibility Meet the general duty responsibility to provide a workplace free from to provide a workplace free from recognized hazards that are causing recognized hazards that are causing or are likely to cause death or or are likely to cause death or serious physical harm to employees, serious physical harm to employees, and comply with standards, rules and and comply with standards, rules and regulations issued under the Act regulations issued under the Act

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Employer responsibilitiesEmployer responsibilities Be familiar with mandatory OSHA standards Be familiar with mandatory OSHA standards

and make copies available to employeesand make copies available to employees Inform all employees Inform all employees

about OSHAabout OSHA Examine workplace Examine workplace

conditions to make sure conditions to make sure they conform to applicable they conform to applicable standardsstandards

Minimize or reduce hazardsMinimize or reduce hazards

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Employer responsibilitiesEmployer responsibilities Make sure employees have and use Make sure employees have and use

safe tools and equipment and that safe tools and equipment and that equipment is properly maintainedequipment is properly maintained

Use color codes, posters, Use color codes, posters, labels or signs when needed labels or signs when needed to warn employees of to warn employees of potential hazardspotential hazards

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Employer responsibilitiesEmployer responsibilities Establish or update operating Establish or update operating

procedures and communicate them so procedures and communicate them so that employees follow safety and health that employees follow safety and health requirementsrequirements

Provide training required by Provide training required by OSHA standardsOSHA standards

Provide medical examinations Provide medical examinations when required by OSHA standardswhen required by OSHA standards

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Report to the nearest OSHA office within 8 Report to the nearest OSHA office within 8 hours any fatal accident or one which hours any fatal accident or one which results in the hospitalization of three or results in the hospitalization of three or more employeesmore employees

Keep OSHA-required records of work-Keep OSHA-required records of work-related injuries and illnesses, and post the related injuries and illnesses, and post the OSHA 300A form from February 1 through OSHA 300A form from February 1 through April 30 each yearApril 30 each year

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Employer responsibilitiesEmployer responsibilities Post, at a prominent location within the Post, at a prominent location within the

workplace, the OSHA poster (OSHA 2203) workplace, the OSHA poster (OSHA 2203) informing employees of their informing employees of their rights and responsibilitiesrights and responsibilities

Provide employees, former Provide employees, former employees and reps access employees and reps access to injury and illness recordkeeping to injury and illness recordkeeping forms at reasonable time and in a forms at reasonable time and in a reasonable mannerreasonable manner

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Provide access to employee medical Provide access to employee medical records and exposure records to records and exposure records to employeesemployees

Don’t discriminate against employees Don’t discriminate against employees who properly exercise their rights under who properly exercise their rights under the Actthe Act

Cooperate with OSHA compliance officer Cooperate with OSHA compliance officer by furnishing names of authorized by furnishing names of authorized employee repsemployee reps

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Post OSHA citations at or near the Post OSHA citations at or near the worksite involved. Each citation must worksite involved. Each citation must remain posted until the violation has remain posted until the violation has been abated, or for three working been abated, or for three working days, whichever is longerdays, whichever is longer

Abate cited violations within the Abate cited violations within the prescribed periodprescribed period

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Employer rightsEmployer rights

Seek advice and off-site consultation Seek advice and off-site consultation as needed by writing, calling or as needed by writing, calling or visiting the nearest OSHA Officevisiting the nearest OSHA Office

Be active in industry associations Be active in industry associations involved in job safety and healthinvolved in job safety and health

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Employer rightsEmployer rights Request and receive proper identification Request and receive proper identification

from the OSHA compliance from the OSHA compliance officer prior to inspectionofficer prior to inspection

Be advised by the Be advised by the compliance officer of the compliance officer of the reason for an inspectionreason for an inspection

Have an opening and closing conference Have an opening and closing conference with the compliance officerwith the compliance officer

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Accompany the compliance officer Accompany the compliance officer on the inspectionon the inspection

File a Notice of Contest File a Notice of Contest with the OSHA area director with the OSHA area director within 15 working days of within 15 working days of receipt of a notice of citation receipt of a notice of citation and proposed penaltyand proposed penalty

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Apply to OSHA for a temporary Apply to OSHA for a temporary variance from a standard if unable to variance from a standard if unable to comply because of the unavailability comply because of the unavailability of materials, equipment or personnel of materials, equipment or personnel needed to make necessary changes needed to make necessary changes within the required timewithin the required time

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Apply to OSHA for a permanent Apply to OSHA for a permanent variance from a standard if the variance from a standard if the employer can furnish proof that its employer can furnish proof that its facilities or method of operation facilities or method of operation provides employee protection at provides employee protection at least as effective as that required by least as effective as that required by the standardthe standard

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Take an active role in developing Take an active role in developing safety & health standards through safety & health standards through participation in OSHA Standards participation in OSHA Standards Advisory Committees, through Advisory Committees, through nationally recognized standards-nationally recognized standards-setting organizations and through setting organizations and through evidence and views presented in evidence and views presented in writing or at hearingswriting or at hearings

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Be assured of the confidentiality of any Be assured of the confidentiality of any trade secrets observed by an OSHA trade secrets observed by an OSHA compliance officer during an inspectioncompliance officer during an inspection

Submit a written request to NIOSH for Submit a written request to NIOSH for information on whether any substance information on whether any substance in the workplace has potentially toxic in the workplace has potentially toxic effects in the concentrations being usedeffects in the concentrations being used

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Section VIISection VII

Employee Employee Responsibilities and Responsibilities and

RightsRights

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Employee responsibilitiesEmployee responsibilities

Read the OSHA poster at the jobsiteRead the OSHA poster at the jobsite

Comply with all applicable OSHA Comply with all applicable OSHA standardsstandards

Follow all employer safety and health Follow all employer safety and health rules and regulations, and wear or use rules and regulations, and wear or use protective equipmentprotective equipment

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Employee responsibilitiesEmployee responsibilities Report any job-related injury or illness to the Report any job-related injury or illness to the

employer, and seek treatment promptlyemployer, and seek treatment promptly

Cooperate with the OSHA compliance officer Cooperate with the OSHA compliance officer conducting an inspection if he or she conducting an inspection if he or she inquires about safety and health inquires about safety and health conditionsconditions

Exercise your rights under the Exercise your rights under the Act in a responsible mannerAct in a responsible manner

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Employee rightsEmployee rights

Right to seek safety and health on the Right to seek safety and health on the job without fear of punishment job without fear of punishment

Employers may not punish workers for:Employers may not punish workers for: complaining to an employer, union, OSHA, complaining to an employer, union, OSHA,

or any other government agency about or any other government agency about job safety and healthjob safety and health

filing safety or health grievancesfiling safety or health grievances

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Employee rightsEmployee rights Employers may not punish workers Employers may not punish workers

for:for: participating on a workplace safety and participating on a workplace safety and

health committee or in union activities health committee or in union activities concerning job safety and healthconcerning job safety and health

participating in OSHA participating in OSHA inspections, conferences, inspections, conferences, hearings or other OSHA-hearings or other OSHA-related activitiesrelated activities

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Employee rightsEmployee rights Review copies of appropriate OSHA Review copies of appropriate OSHA

standards, rules, regulations, and standards, rules, regulations, and requirements that the requirements that the employer should have employer should have available at the workplaceavailable at the workplace

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Request information from the Request information from the employer on safety and health employer on safety and health hazards in the area, on precautions hazards in the area, on precautions that may be taken, and on that may be taken, and on procedures to be followed if an procedures to be followed if an employee is involved in an accident employee is involved in an accident or is exposed to toxic substancesor is exposed to toxic substances

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Employee rightsEmployee rights Receive adequate training and Receive adequate training and

information on workplace safety and information on workplace safety and health hazardshealth hazards

Request the OSHA area Request the OSHA area director to conduct an director to conduct an inspection if employee inspection if employee believes hazardous believes hazardous conditions or violations conditions or violations of standards exist in the workplaceof standards exist in the workplace

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Have name withheld from employer, Have name withheld from employer, upon request to OSHA, if a written and upon request to OSHA, if a written and signed complaint is filedsigned complaint is filed

Be advised of OSHA actions regarding Be advised of OSHA actions regarding the complaint and have an informal the complaint and have an informal review, if requested, of any decision not review, if requested, of any decision not to to inspect or to issue a citationinspect or to issue a citation

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Have the authorized employee Have the authorized employee representative accompany the OSHA representative accompany the OSHA compliance officer during the inspection compliance officer during the inspection tourtour

Respond to questions from the OSHA Respond to questions from the OSHA compliance officer, particularly if there is compliance officer, particularly if there is no authorized employee representative no authorized employee representative accompanying the compliance officeraccompanying the compliance officer

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Employee rightsEmployee rights Observe any monitoring or measuring Observe any monitoring or measuring

of hazardous materials and have the of hazardous materials and have the right to see these recordsright to see these records

Request a closing Request a closing discussion with the discussion with the compliance officer compliance officer following an inspectionfollowing an inspection

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Submit a written request to NIOSH Submit a written request to NIOSH for information on whether any for information on whether any substance in the workplace has substance in the workplace has potentially toxic effects in the potentially toxic effects in the concentration being used, and have concentration being used, and have employee’s name withheld from the employee’s name withheld from the employer, if requestedemployer, if requested

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Object to the abatement period set in Object to the abatement period set in the citation issued to the employer the citation issued to the employer by writing to the OSHA area director by writing to the OSHA area director within 15 working days of the within 15 working days of the issuance of the citationissuance of the citation

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Be notified by the employer if he or she Be notified by the employer if he or she applies for a variance from an OSHA applies for a variance from an OSHA standard, and testify at a variance hearing standard, and testify at a variance hearing and appeal the final decisionand appeal the final decision

Submit information or comment to OSHA Submit information or comment to OSHA on the issuance, modification, or on the issuance, modification, or revocation of OSHA standards and request revocation of OSHA standards and request a public hearinga public hearing

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Section VIIISection VIII

SummarySummary

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Summary of main pointsSummary of main points

OSHAOSHA

OSH ActOSH Act

Employer Responsibilities and RightsEmployer Responsibilities and Rights

Employee Responsibilities and RightsEmployee Responsibilities and Rights

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Questions?Questions?

78

introduction to osha occupational safety and health administration keeping safe in the workplace

Documents

osha occupational safety

health standards

health programs

state job safety

better safety

health act osh act

workplace slide

osh act osha standards