Introduction to OSHA Learning Objectives Understand what and

Introduction to OSHA

Learning Objectives • Understand what and who OSHA is • Understand how regulations are developed • Describe the Occupational Safety and Health (OSH) Act • Explain how the General Duty Clause affects employees • Identify the different OSHA violations • Explain how OSHA conducts inspections • Understand OSHA’s requirements • Understand employers’ and workers’ rights

Safety and Health Movement Insert Image of Submerged Vehicle On the surface, your people are checking what they should check. But underneath, are really only going through the motions ?

Safety and Health Movement The Monkey Business Activity

Safety and Health Movement 1867 – Massachusetts introduces factory inspections 1868 – Patent for first barrier safeguard awarded 1869 – Pennsylvania passes law requiring two exits from all mines. 1892 – First safety program recorded.

Safety and Health Movement 1907 – Creation of the Bureau of Mines 1911 – First effective workers’ compensation law 1913 – National Safety Council formed Today – Worker death less the ½ of rate 60 years ago. Life-threatening injury less than 1/3 of rate 50 years ago.

Safety and Health Movement 1970 – OSH Act Passed CAUTION IF YOU THINK OSHA IS A SMALL TOWN IN WISCONSIN YOU’RE IN TROUBLE Why: Ø More than 90 million Americans spend their days on the job. Ø Job-related accidents accounted for more than 14, 000 worker deaths; Ø Nearly 2 ½ million workers were disabled; Ø Ten times as many person-days were lost from job-related disabilities as from strikes; and Ø Estimated new cases of occupational diseases totaled 300, 000.

Safety Movement Today Hawk’s Nest – Identified lung problems in workers exposed to silica dust. Asbestos – Carcinogen that let to regulation on the use of and standards for exposure. Bhopal, India – Industrial accident killing more than 3000 people. Lead to the development of Emergency Planning and Community Right to Know Act. (EPCRA)

Influences in Regulation Development Tragedy Organized Labor Health Problems Public Perception Safety Organizations Industry Themselves

The OSH Act ". . . 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. "

The OSH Act 1. Introduction 2. Congressional Findings and Purpose 3. Definitions 4. Applicability of this Act 5. Duties 6. Occupational Safety and Health Standards 7. Advisory Committee; Administration 8. Inspections, Investigations, and Recordkeeping 9. Citations 10. Procedure for Enforcement

The OSH Act 11. Judicial Review 12. Review Commission 13. Procedures to Counteract Imminent Dangers 14. Representation in Civil Litigation 15. Trade Secrets 16. Variations, Tolerances, & Exemptions 17. Penalties 18. State Jurisdiction and State Plans 19. Federal Agency Safety Programs and Responsibilities 20. Research and Related Activities

The OSH Act 21. Training and Employment Education 22. National Institute for Occupational Safety & Health 23. Grants to the States 24. Statistics 25. Audits 26. Annual Report 27. National Commission on State Workmen's Compensation Laws (NCSWCL) 28. Economic Assistance to Small Businesses 29. Additional Assistant Secretary of Labor 30. Additional Positions

The OSH Act 31. Emergency Locator Beacons 32. Separability 33. Appropriations 34. Effective Date

Section 2 – Findings & Purpose Encourage the reduction of workplace hazards and new and improved health and safety programs. Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems; Establishes employer and employee responsibilities for safety and health programs.

Section 4 - Who Is Covered All employers and their employees in the 50 states, the District of Columbia, Puerto Rico, and all other territories under federal government jurisdiction. As defined by the Act, an employer is any person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a state.

Section 4 - Who Is Not Covered The following are not covered under the Act: • Self-employed persons; • Farms at which only immediate members of the farm employer's family are employed; and • Workplaces already protected by other federal agencies under other federal statutes.

Who Is Not Covered – Clearing the Air Federal Railroad Administration • OSHA covers facilities • FRA covers tracks, trains, etc. Federal Aviation Administration • OSHA covers the tarmac • FAA covers past the tarmac NIOSH/ANSI • Recommend standards but not enforceable.

Section 5 - General Duty Clause "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 are likely to cause death or serious physical harm to his employees. "

Section 6 - Standards OSHA is responsible for developing and passing legally enforceable standards. States with OSHA-approved programs must set standards at least as effective as federal standards. Where OSHA has not promulgated specific standards, employers are responsible for following the Act's General Duty Clause.

State SIPS

Standard Development Step 1 • Preliminary Rulemaking Activities Step 2 • Development of the Proposed Rule • Publication of the Proposed Rule Step 3

Standard Development Step 4 • Analysis of the Rulemaking Record Step 5 • Development of the Final Rule Step 6 • Publication of the Final Rule

How to Read a Standard

Section 8 - Workplace Inspections To enforce standards, OSHA is authorized under the Act to conduct workplace inspections. – To enter without delay and at reasonable times any facility where work is performed by an employee or employer. . . – Inspect and investigate during regular working hours. . .

OSHA Inspection Priorities Imminent Danger: Any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical immediately Catastrophes and Fatal Accidents: Investigation of fatalities and catastrophes resulting in hospitalization of three or more employees. These types of accidents must be reported to OSHA within 8 -hours.

OSHA Inspection Priorities Employee Complaints: The Act gives each employee the right to request an OSHA inspection when the employee feel that he/she is in imminent danger from a hazard or when he/she feels that there is a violation of an OSHA standard that threatens physical harm. LEP/NEP: High Hazard Workplaces

Inspection Process The inspector must present his or her credentials upon arrival upon a site for inspection. Employers should always insist upon seeing the compliance officer’s credentials.

Inspection Process Opening Conference: – In the opening conference, the compliance officer (CSHO) explains why the establishment was selected. – The CSHO explains the purpose of the visit and the scope of the inspection. The employer may be given a copy of any employee complaint that may be involved. Confidentially will be kept upon request.

Inspection Process Inspection Tour: – The CHSO and an employee representative will proceed through the facility, inspecting work areas for compliance. – The route and duration are determined by the CHSO. – Trade secrets observed will be kept confidential – Employees will be consulted during the inspection tour – Photographs and Video May be taken

Inspection Process Inspection Tour: (Cont'd) – Posting and Recordkeeping are checked. – During the course of the inspection the CHSO will point out any unsafe or unhealthful working conditions observed. – The CHSO will also discuss possible corrective action if the employer so desires.

Inspection Process Closing Conference: – This is the time for free discussion of problems and needs and a time for frank questions and answers – The CHSO discusses all unsafe or unhealthful conditions and indicates all apparent violations for which a citation may be issued or recommended

Section 9 - Citations and Penalties After the CHSO reports findings, the Area Director determines what citations, if any will be issued, and what penalties, if any will be issued.

Section 9 - Citations The employer must post a copy of each citation at or near a place a violation occurred, for three days or until the violated is abated, whichever is longer.

Section 10 - Penalties De Minimus – No penalty or citation issued. Other than Serious Violation: – A violation that has direct relationship to job safety and health, but probably would not cause death or serious physical harm. – A proposed penalty of up to $7000. 00 for each violation is discretionary and may be adjusted downward by as much as 95%, depending upon the employer’s good faith, history of previous violations and size of business.

Section 10 - Penalties Serious Violation: – A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. – A mandatory penalty of up to $7000. 00 for each violation is proposed. This penalty may be adjusted downward based on the previous reasons.

Section 10 - Penalties Willful Violation: – A violation that the employer knowingly commits or commits with plain indifference to the law. – Penalties of up to $70, 000 may be proposed for each willful violation with a minimum penalty of $5000 for each violation. A proposed penalty may be adjusted downward.

Willful Violation Penalty If an employer is convicted of a willful violation of a standard that has resulted in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment for up to six months, or both. A fine of up to $250, 000 for an individual, or $500, 000 for a corporation, may be imposed for a criminal conviction.

Section 10 - Penalties Repeated Violation: – A violation of any standard, regulation rule, or order where, upon re-inspection, a substantially similar violation can bring a fine of up to $70, 000 for each such violation

Section 10 - Penalties Failure to Abate Prior Violation: – Failure to abate a prior violation may bring a civil penalty of up to $7, 000 for each day the violation continues beyond the prescribed abatement date.

Section 10 - Penalties Additional violations for which citations and proposed penalties may be issued upon conviction: – Falsifying records, reports or applications can bring a fine of $10, 000 or up to six months in jail. – Violations of posting requirements can bring a civil penalty of up to $7, 000

Criminal Penalties In addition to civil penalties, the following may result in criminal penalties: – Willful violation causing death – Giving unauthorized, advance notice of an inspection – Giving false information – Killing, assaulting or hampering the work of an OSHA inspector

Criminal Penalties OSHA itself does not have the authority to bring criminal cases, but must refer a case to the Justice Department for prosecution. In recent years, this happened more frequently, and in several cases, employers have received jail sentences.

OSHA EMPLOYEE WORKPLACE RIGHTS OSHA 3021 -08 R The Occupational Safety and Health (OSH) Act of 1970 gave employees many new rights and responsibilities. SAFETY BEGINS WITH YOU

Workers Right to review copies of appropriate standards, rules, regulations, and requirements that the employer is required to have available at the workplace; Request information from the employer on safety and health hazards in the workplace, appropriate precautions to take, and procedures to follow if the employee is involved in an accident or is exposed to toxic substances; Gain access to relevant employee exposure and medical records; Request an OSHA inspection if they believe hazardous conditions or violations of standards exist in the workplace;

Accompany an OSHA compliance officer during the inspection tour, or have an authorized employee representative do so; Respond to questions from the OSHA compliance officer; Observe any monitoring or measuring of hazardous materials and see the resulting records. Review or have an authorized representative review the employer's Log of Work-Related Occupational Injuries and Illnesses (OSHA 300) at a reasonable time and in a reasonable manner; Object to the timeframe set by OSHA for the employer to correct a violation by writing to the OSHA area director within 15 working days from the date the employer receives the citation;

Submit a written request for information on whether any substance in the workplace has potentially toxic effects in the concentration being used, and, if requested, have their names withheld from the employer; Be notified if the employer applies for a variance from an OSHA standard, and have an opportunity to testify at a variance hearing and appeal the final decision; Have their names withheld from their employer, if requested to OSHA, and if they sign and file a written complaint;

Be advised of OSHA actions regarding a complaint, and request an informal review of any decision not to inspect the site or issue a citation; and File a complaint if punished or discriminated against for acting as a "whistleblower“ or for refusing to work when faced with imminent danger of death or serious injury and there is insufficient time for OSHA to inspect.

Whistleblowers Fact Sheet

Worker Rights Employer Responsibilities Employers have a legal obligation to inform employees of OSHA safety and health standards that apply to their workplace. Upon request, the employer must make available copies of those standards and the OSH Act. The employer also must prominently display the official OSHA poster that describes rights and responsibilities under the OSH Act. Employers must provide and pay for PPE

Worker Rights OSHA Poster

Worker Rights Working With Hazardous Materials Hazard Communication Program q The program must include a list of the hazardous chemicals in each workplace and material safety data sheets for each; q Methods the employer uses to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and q the hazards associated with chemicals in unlabeled pipes in their work areas;

Worker Rights Access to Records Access to exposure and medical records Record Existence Record Location Medical and Exposure Records

Worker Rights Access to Records Right to observe monitoring procedures and see testing results

Worker Rights Access to Records Right to review injury and illness records

Worker Rights Access to Records OSHA 300 A Log

Worker Rights Access to Records Weekly Fatality/Catastrophe Report

Worker Rights Workplace Safety Working cooperatively to reduce hazards!

Worker Rights Workplace Safety Right to refuse to perform unsafe work • If you have reason to believe imminent danger exists • Steps you need to take: 1. Notify employer of concerns 2. File a complaint

Worker Rights Workplace Safety Recourse if the employer does not correct a hazard

Complaint Scenario You have worked at Ben Brothers Woodworking for 8 years as a janitor. Ben Brothers is located at 88 Wren Street, Anytown, USA, 40001. The company makes and refinishes office furniture. You usually work the second shift, but come in early sometimes. You and at least 3 of your co-workers have been getting headaches when you are working in the warehouse and the ethanol-operated forklift is running. You have had headaches over the past two months, at least twice a week. The forklift operator told you that there a lot of problems with the forklift and it needs to be replaced. You reported your headaches to your supervisor. She told you to go outside until you felt better and that there was nothing more she could do.

Complaint Scenario

Workplace Safety Complaint Scenario

THE END !!

Handouts 1. How to Read and OSHA Standard 2. OSHA Whistleblower Fact Sheet 3. OSHA Poster 4. OSHA 300 A log example 5. Weekly Fatality/Catastrophe Report 6. Refuse to Work due to Imminent Danger Handout 7. Complaint Scenario 8. SDS – Ethanol example 9. Complaint Form Tips 10. Common Safety and Health Problems 11. Safety & Health Resources

Resources 1. OSHA (n. d. ) OSHA Fact Sheet: Your Rights as a Whistleblower. 2. OSHA (2012). Retrieved from. Filing an OSHA Complaint – Tips for Completing the Complaint Form. 3. OSHA (n. d. ). How to File A Safety and Health Complaint. 4. OSHA (2012). Job Safety and Health “It’s the Law!” poster. 5. OSHA (2004). Retrieved from. OSHA Forms for Recording Work-Related Injuries and Illnesses. 6. OSHA (n. d. ). State Plans.

Resources 7. OSHA (2013) Weekly Fatality/Catastrophe Report. 8. Simons, Daniel J. (2010), Monkey Business Illusion. Retrieved from http: //www. dailymail. co. uk/sciencetech/article-1378228/Didnt-spot-dancinggorilla-famous-You. Tube-video. html

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