Introduction to OSHA Occupational Safety and Health Administration

Introduction to OSHA Occupational Safety and Health Administration

OSHA’s mission v Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs 1 a

OSHA’s mission v Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems 1 b

OSHA’s mission v Establish separate but dependent responsibilities and rights for employers and employees for the achievement of better safety and health conditions 1 c

OSHA’s mission v Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses v Establish training programs to increase the number and competence of occupational safety and health personnel 1 d

OSHA’s mission v Develop mandatory job safety and health standards and enforce them effectively v Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 1 e

OSH Act coverage v Employers v Employees 2 a

OSH Act coverage v Not covered • self-employed persons • farms at which only immediate member of the farm employer’s family are employed • workplaces already protected by other federal agencies under other federal statutes 2 b

OSH Act coverage v Coverage may be under a state job safety and health plan 2 c

Requirements of the General Duty Clause v What is the General Duty Clause? v How does OSHA use the General Duty Clause? v Steps company is taking that go beyond compliance with OSHA standards 3 a

Workplace inspections v Authority v Normally notice is not given v Employees’ be informed representative must 4 a

Inspection priorities v Imminent danger v Catastrophes accidents v Employee and fatal complaints 5 a

Inspection priorities v Programmed v Follow-up v Records inspections review 5 b

Procedures for Inspections v Inspector’s v Opening conference v Inspection v Closing credentials process conference 6 a

Citations v Informs employers and employees of the regulations and standards alleged to have been violated v The employer must post a copy 7 a

Citations v Appeals by employees may be made on: • decision not to issue a citation • time allowed for abatement of a hazardous condition v Employees may not appeal a citation, but may submit a written objection 7 b

Citations v Employers may appeal citation 7 c

Penalties v Categories of Violations • serious • other-than-serious • willful • repeat • failure to abate 8 a

Penalties v Additional violations for which citations and penalties may be issued • falsifying records • assaulting a compliance officer 8 b

Contesting a citation v Informal conference request may be made prior to deciding to contest • obtain a better explanation of the violations cited • obtain a more complete understanding of the specific standards which apply 9 a

Contesting a citation v Informal conference request may be made prior to deciding to contest • negotiate and enter into an informal Settlement Agreement • Discuss ways to correct the violations • Discuss problems with the abatement dates 9 b

Contesting a citation v Informal conference request may be made prior to deciding to contest • Discuss problems concerning employee safety practices • Resolve disputed citations and penalties • Obtain answer to any other questions 9 c

Contesting a citation v Notice state: of Contest must clearly • what is being contested – the citation – the penalty – the abatement date – any combination of these • which violations on the citation are being contested 9 d

Employer responsibilities v Meet the general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, and comply with standards, rules and regulations issued under the Act 10 a

Employer responsibilities v Be familiar with mandatory OSHA standards and make copies available to employees for review upon request v Inform OSHA all employees about 10 b

Employer responsibilities v Examine workplace conditions to make sure they conform to applicable standards v Minimize or reduce hazards 10 c

Employer responsibilities v Make sure employees have and use safe tools and equipment (including appropriate personal protective equipment), and that such equipment is properly maintained 10 d

Employer responsibilities v Use color codes, posters, labels or signs when needed to warn employees of potential hazards v Establish or update operating procedures and communicate them so that employees follow safety and health requirements 10 e

Employer responsibilities v Provide training required by OSHA standards (e. g. , hazard communication, lead, etc. ) 10 f

Employer responsibilities v Provide medical examinations when required by OSHA standards 10 g

Employer responsibilities v Report to the nearest OSHA office within 8 hours any fatal accident or one which results in the hospitalization of three or more employees 10 h

Employer responsibilities v Keep OSHA-required records of work-related injuries and illnesses, and post a copy of the totals from the last page of OSHA No. 200 during the entire month of February each year (this applies to employers with 11 or more employees) 10 i

Employer responsibilities v Post, at a prominent location within the workplace, the OSHA poster (OSHA 2203) informing employees of their rights and responsibilities (in states operating OSHA-approved job safety and health programs, the state's equivalent poster and/or OSHA 2203 may be required) 10 j

Employer responsibilities v Provide employees, former employees, and their representatives access to the Log and Summary of Occupational Injuries and Illnesses (OSHA No. 200) at a reasonable time and in a reasonable manner 10 k

Employer responsibilities v Provide access to employee medical records and exposure records to employees or their authorized representatives 10 l

Employer responsibilities v Cooperate with OSHA compliance officer by furnishing names of authorized employee reps who may be asked to accompany the officer during an inspection (if none, the officer will consult with a number of employees about safety & health in the workplace. ) 10 m

Employer responsibilities v Not discriminate against employees who properly exercise their rights under the Act 10 n

Employer responsibilities v Post OSHA citations at or near the worksite involved. Each citation, or copy thereof, must remain posted until the violation has been abated, or for three working days, whichever is longer 10 o

Employer responsibilities v Abate cited violations within the prescribed period 10 p

Employer rights v Seek advice and off-site consultation as needed by writing, calling or visiting the nearest OSHA Office (OSHA will not inspect merely because an employer requests assistance) 10 q

Employer rights v Be active in industry associations involved in job safety and health 10 r

Employer rights v Request and receive proper identification of the OSHA compliance officer prior to inspection v Be advised by the compliance officer of the reason for an inspection 10 s

Employer rights v Have an opening and closing conference with the compliance officer v Accompany the compliance officer on the inspection 10 t

Employer rights v File a Notice of Contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty 10 u

Employer rights v Apply to OSHA for a temporary variance from a standard if unable to comply because of the unavailability of materials, equipment or personnel needed to make necessary changes within the required time 10 v

Employer rights v Apply to OSHA for a permanent variance from a standard if the employer can furnish proof that their facilities or method of operation provide employee protection at least as effective as that required by the standard 10 w

Employer rights v Take an active role in developing safety & health standards through participation in OSHA Standards Advisory Committees, through nationally recognized standardssetting organizations and through evidence and views presented in writing or at hearings 10 x

Employer rights v Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection 10 y

Employer rights v Submit a written request to NIOSH for information on whether any substance in your workplace has potentially toxic effects in the concentrations being used 10 z

Employee responsibilities v Read the OSHA poster at the jobsite v Comply with all applicable OSHA standards 11 a

Employee responsibilities v Follow all employer safety and health rules and regulations, and wear or use prescribed protective equipment while engaged in work v Report hazardous conditions to the supervisor 11 b

Employee responsibilities v Report any job-related injury or illness to the employer, and seek treatment promptly v Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions in your workplace 11 c

Employee responsibilities v Exercise your rights under the Act in a responsible manner 11 d

Employee rights v Right to seek safety and health on the job without fear of punishment 11 e

Employee rights v Employers may not punish workers for exercising rights such as: • complaining to an employer, union, OSHA, or any other government agency about job safety and health • filing safety or health grievances 11 f

Employee rights v Employers may not punish workers for exercising rights such as: • participating on a workplace safety and health committee or in union activities concerning job safety and health 11 g

Employee rights v Employers may not punish workers for exercising rights such as: • participating in OSHA inspections, conferences, hearings or other OSHA-related activities 11 h

Employee rights v Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace 11 i

Employee rights v Request information from your employer on safety and health hazards in the area, on precautions that may be taken, and on procedures to be followed if an employee is involved in an accident or is exposed to toxic substances 11 j

Employee rights v Receive adequate training and information on workplace safety and health hazards v Request the OSHA area director to conduct an inspection if you believe hazardous conditions or violations of standards exist in your workplace 11 k

Employee rights v Have your name withheld from your employer, upon request to OSHA, if you file a written and signed complaint 11 l

Employee rights v Be advised of OSHA actions regarding your complaint and have an informal review, if requested, of any decision not to inspect or to issue a citation 11 m

Employee rights v Have your authorized employee representative accompany the OSHA compliance officer during the inspection tour 11 n

Employee rights v Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer 11 o

Employee rights v Observe any monitoring or measuring of hazardous materials and have the right to see these records, as specified under the Act 11 p

Employee rights v Have your authorized representative, or yourself, review the Log and Summary of Occupational Injuries (OSHA No. 200) at a reasonable time and in a reasonable manner 11 q

Employee rights v Request a closing discussion with the compliance officer following an inspection 11 r

Employee rights v Submit a written request to NIOSH for information on whether any substance in your workplace has potentially toxic effects in the concentration being used, and have your name withheld from your employer if you so request 11 s

Employee rights v Object to the abatement period set in the citation issued to your employer by writing to the OSHA area director within 15 working days of the issuance of the citation 11 t

Employee rights v Be notified by your employer if he or she applies for a variance from an OSHA standard, and testify at a variance hearing and appeal the final decision 11 u

Employee rights v Submit information or comment to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing 11 v