introduction to osha. what is osha? how do they operate? l occupational safety and health...

Introduction to OSHA

What is OSHA?How do they operate? Occupational Safety and Health

Administration (OSHA) OSH Act of 1970 Regional and area offices Standards Inspections Citations and Penalties

OSHA Standards

29 CFR 1910– “29” Labor– “CFR” Code of Federal Regulations– “1910” General Industry

5a1 General duty clause Horizontal Vs. Vertical Performance Vs. Specification CPL/STD Documents

OSHA Standards Development Standards adoption process

– Advance Notice of Proposed Rulemaking *– Notice of Proposed Rulemaking *– Public Hearing– Comment Period– Final Standard *

Emergency temporary standards Variances

* = Published in Federal Register

INSPECTION PRIORITIES Imminent Danger Fatalities and Catastrophes Complaints

– Formal– Non-formal

Referrals Programmed Follow Up (Especially Willful & Repeat)

OSHA INSPECTION Opening Conference Walkaround Inspection Closing Conference

HIGHLIGHTS OF AN OPENING CONFERENCE

CSHO: Presents credentials Explains purpose of inspection Requests employee participation Outlines scope of the inspection Determines employers on site(Continued)

HIGHLIGHTS OF AN OPENING CONFERENCE

CSHO: Reviews OSHA Logs Verifies HazCom Program Verifies Safety and Health Program May verify Access to Employee

Exposure and Medical Records (1910.1020)

Verifies OSHA Poster

HIGHLIGHTS OF AN OSHA WALKAROUND INSPECTION

CSHO: Identifies potential S&H hazards

– Determines employee awareness & knowledge

– Evaluates PPE selection, maintenance & use Documents apparent violations Photographs or videotapes them Questions employees privately

HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE

CSHO: Gives Employer Rights & Responsibilities

Following an OSHA Inspection. Explains:

– Employer’s Rights– Contest Procedures– Informal Conference– Penalties– Consultation Services

HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE

CSHO: Discusses apparent violations Asks for abatement of violations

CITATION TYPES Serious

There is a substantial probability that death or serious physical harm could result, and the employer knew or should have known or the hazard.

Maximum Penalty: $7,000.

CITATION TYPES Other-Than-Serious

Not serious, but impacts the safety and health of employees.

CITATION TYPES

Willful

Employer committed an intentional and knowing violation or showed plain indifference to the law.

Maximum Penalty: $70,000.Minimum Penalty: $25,000($5,000 for less than 50 employees)

CITATION TYPES Repeat

Violation of the same or similar standard within 3 years.

Employers with more than 250 employees:– First Repeat - Multiply penalty times 5.– Second Repeat - Multiply penalty times 10.

CITATION TYPES Repeat

Violation of the same or similar standard within 3 years.

Employers with less than 250 employees:– First Repeat - Multiply penalty times 2.– Second Repeat - Multiply penalty times 5.

CITATION TYPES De Minimus

Violation which has no direct or immediate relationship to employee safety and health.

No Penalty.

REGULATORY VIOLATIONS No OSHA Poster $1,000 No OSHA 200 Log $1,000 Failure to post citations $3,000 Failure to report within 8

hours a fatality or accident which hospitalizes 3 or moreemployees $5,000

Penalty Adjustment Factors

Size: No. of Employees Reduction1 - 25 60%26 - 100 40%

101 - 250 20% More than 250 None

Good Faith Effort 25% History (Last 3 Years) 10%

CITATION APPEALS Citations received

Informal Conference

Contest Citation(s)

Administrative Law Judge

OSHA Review Commission

U.S. Court of Appeals

U.S. Supreme Court

MULTI-EMPLOYER WORKSITES

Citations issued to exposing employer.Citations can also be issued to:1. Employer who creates the hazard,2. Employer responsible for overall site safety, and3. Employer responsible for correcting the hazard.

What Resources Are Available? Consultation program OSHA web page :

http://www.osha.gov/ OSHA CD-ROM : 202-783-3238 OSHA Training Institute & Ed Centers OSHA hotline : 1-800-321-OSHA OSHA area and regional offices ASSE, AIHA, other trade groups

OSHA Consultation Program No cost, confidential assistance On-site assistance with safety,

health, ergonomics Serious hazard obligation! Sometimes there is a backlog Focused compliance assistance or

comprehensive assistance