Laws & Regulations

Rationale for the OSH Act Every year, an average of 14,000

deaths were caused by workplace accidents.

Every year, 2.5 million workers were disabled in workplace accidents.

Every year, approximately 300,000 new cases of occupational diseases were reported.

Rationale for the OSH Act In 1970, Congress passed the

Occupational safety and Health ACT. Its purpose was “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.”

OSHA’s Mission & Purpose OSHA - Occupational Safety and Health

Administration - established by the OSH Act.

It is part of the U.S. department of Labor, and is responsible for administering the OSH Act.

OSHA’s Mission & Purpose Encourage employers & employees to

reduce workplace hazards. Implement new safety and health

programs. Improve existing safety and health

programs.

OSHA’s Mission & Purpose Encourage research that will lead to

innovative ways of dealing with workplace safety and health problems.

Establish the rights of employers regarding the improvement of workplace safety and health.

Establish the rights of employees regarding the improvement of workplace safety and health.

OSHA’s Mission & Purpose Monitor job-related illnesses and injures

through a system of reporting and record keeping.

Establish training programs to increase the number of safety and health professionals and to improve their competence continually.

OSHA’s Mission & Purpose Establish mandatory workplace safety

and health standards and enforce those standards.

Provide for the development and approval of state-level safety and health programs.

Monitor, analyze, and evaluate state-level safety and health programs.

OSH Act Coverage

The OSH Act applies to most employers.

If an organization has even one employee, it is considered an employer and must comply with applicable sections of the act.

This includes all types of employers from manufacturing and construction to retail and service organizations.

OSH Act Coverage

There is no exemption for small businesses, although organizations with 10 or fewer employees are exempted from OSHA inspections and the requirement to maintain injury and illness records.

OSH Act Coverage

In general, the OSH Act covers employers in all 50 states, the District of Columbia, Puerto Rico, and all other territories that fall under the jurisdiction of the U.S. government.

Exempted Employers

Persons who are self-employed. Family farms that employ only

immediate members of the family. Federal agencies covered by other

federal statutes. State and local governments. Coal mines.

OSHA Standards

General duty clause of the OSH Act requires that employers provide a workplace that is free from hazards that are likely to harm employees.

The general duty clause applies when there is no specific OSHA standard for a given situation.

OSHA Standards

OSHA develops standards based on its perception of need and at the request of other federal agencies, state and local governments, other standards-setting agencies, labor organizations, or even individual private citizens.

OSHA uses the committee approach for developing standards.

OSHA Standards

OSHA’s standing committees are the National Advisory Committee on Occupational Safety and Health (NACOSH) and the Advisory Committee on Construction safety and Health.

NIOSH

The national Institute for Occupational Safety and Health was also established by the OSH Act.

NIOSH is part of the Department of Health and Human Services.

Has an education & research orientation.

OSHA is part of the Department of labor.

OSHA Standards/Regulations OSHA standards address specific

hazards. OSHA regulations do not apply to

specific hazards. Regulations do not go through the

rigorous process that standards go through.

How Standards Are Changed OSHA can take three different types of

actions on standards. A standard may be adopted, amended,

or revised. Intentions must be published in the

Federal Register.

How Standards Are Changed OSHA has two option for meeting this

requirement. A notice of proposed rule making and an

advance notice of proposed rule making. The advance notice is used when it is

necessary to solicit input before drafting a rule.

How Standards Are Changed Once a standard has been passed, it

becomes effective on the prescribed date.

Any person who is opposed to a standard may file an appeal.

Appeal paperwork must be initiated within 60 days of a standards approval.

Record Keeping & Reporting All occupational illnesses and injures

must be reported if the result in one or more of seven conditions.

Death of one or more workers. One or more days away from work. Restricted motion or restriction to the

work that an employee can do.

Record Keeping & Reporting Loss of consciousness of one or more

workers. Transfer of an employee to another job. Medical treatment beyond in-house first

aid. Any other condition listed in Appendix B

of the rule.

Record Keeping & Reporting Employers are required to keep injury

and illness records for each location where they do business.

Must be maintained locally for a minimum of three years.

Must be available for inspection by OSHA at any time.

Record Keeping & Reporting All records required by OSHA must be

maintained on OSHA forms or forms based on them.

OSHA’s Form 300 is used to record information about every work-related injury or illness that involves loss of consciousness, restricted work activity, job transfer, days away from work, or medical treatment beyond first aid.

Record Keeping & Reporting OSHA’s Form 300A is used to

summarize all the injures and illnesses that appear on OSHA’s Form 300.

OSHA’s Form 301 is used for every incidence of a recordable injury or illness.

Record Keeping & Reporting Reporting also means that notices must

be posted for all employees to be able to see.

OSHA’s Poster 2203 is one that is required, which advises employees of the various provisions of the OSH Act.

This poster has been superceded by OSHA’s Poster 3165. (Both are still valid)

Record Keeping & Reporting The current state version of this poster

may be used as a substitute. In addition to OSHA Poster 2203,

summaries of variances requests of all types, copies of all OSHA citations received for failure to meet standards, and the summary page of OSHA Form 300.

Employer Responsibilities Some of the employer responsibilities: Provide a workplace free from hazards

that are causing or are likely to cause death or serious physical harm.

Be knowledgeable of mandatory standards and make copies available to employees for review.

Employer Responsibilities Continually examine workplace

conditions to ensure that they conform to standards.

Make sure employees have and use safe tools and equipment that is properly maintained.

Use color codes, posters, labels, or signs as appropriate to warn employees of potential hazards.

Employee Responsibilities Some of the employee responsibilities: Read the OSHA poster at the job site

and be familiar with its contents. Follow safety and health rules and

regulations prescribed by the employer and promptly use PPE while engaged at work.

Employee Responsibilities Report hazardous conditions to the

supervisor. Report any job-related injury or illness to

the employer and seek treatment promptly.

Cooperate with the OSHA compliance officer conducting an inspection.