Complying with OSHA Requirements: An Overview of OSHA’s Role in Ensuring Workers’ Health and Safety, OSHA Regulations and Violations

What is OSHA?The Occupational Safety and Health Act of 1970 was passed into law on December 29, 1970 to establish the Occupational Safety and Health Administration (OSHA).

OSHA is an industry watchdog; it ensures that American workers were provided with a health and safe workplace through the implementation of a wide variety of standards and by providing valuable research and training in occupational safety and health.

US Department of Labor, Occupational

Safety and Health Administration

Role of the Federal Register in OSHA Rulemaking and Regulations

The Federal Register is the United States government’s official daily publication for federal notices, regulations and proposed rulemaking, executive orders and related documents. All citizens have access to the federal register and are free to comment on proposed rules, including those issued by OSHA.

The Federal Register has its own website where one can access OSHA proposed rules and regulations: https://www.federalregister.gov/

US Department of Labor, Occupational Safety and Health Administration

What is the Code of Federal Regulations?

The Code of Federal Regulations is “a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government.”

• Divided into 50 Titles that are dedicated to several areas subject to federal regulations

• These titles contain one or more individual volumes updated yearly

U.S. Government

Printing Office

What Standards Apply to OSHA-Covered Industries?

Standards – 29 CFR

General Industries – 1910

Construction – 1926

US Department of Labor, Occupational Safety and Health Administration

Maritime

PART 1915 - Occup. Safety and Health Standards for Shipyard Employment

PART 1917 - Marine Terminals

PART 1918 - Safety and Health Regulations for Longshoring

 

US Department of Labor, Occupational Safety and Health Administration

Recordkeeping – 1904

Agriculture – 1928

State Plans – 1952

US Department of Labor, Occupational Safety and Health Administration

Benefits of Compliance• Prevent unnecessary workplace accidents• Minimize workplace-related injuries,

absences and attrition• Enhanced productivity and boost in employee

morale• Reduced insurance and compensation costs

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What Should Companies Do to Maintain Compliance?

• Ensure that workers have obtained the necessary OSHA 10 or 30-hour training, as well as onsite and yearly refresher training if necessary

• Provide workers the required training for using job-specific personal protective equipment

• Provide medical check-ups and evaluations as deemed necessary by a governing standard

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Types of OSHA ViolationsOther than Serious Violations• A violation of employee’s right to safety and

health, one that’s directly associated with one’s job but “will not cause death or serious physical harm.”

• Each count of violation has a proposed penalty of $7,000, but may be contested by employer

US Department of Labor, Occupational Safety and Health Administration

Serious Violation• A violation where death or serious physical

injury may result from known and recognized on-the-job hazard that the employer is well-aware of.

• $7,000 for each violation but may be lowered based on size of business, severity of violation and employer’s good history and record

• US Department of Labor, Occupational Safety and Health Administration

Willful Violation

• Occurs when an employer “knowingly commits or commits” a violation “with plain indifference to the law” and does nothing about it

• Civil penalties may be up to $70,000 for EVERY willful violation; minimum penalty for each violation is $5,000

• Civil penalty and/or imprisonment for violations that have resulted in the death of a worker

• Fees may even reach a whopping $250,000 to $500,000

US Department of Labor, Occupational Safety and Health Administration

Repeated Violation• A violation of OSHA standards, regulations,

orders found out during reinspection that is similar to a previous final citation

• Can bring up a fine of up to $70,000 for each previously similar violation

 

US Department of Labor, Occupational Safety and Health Administration

Failure to Abate Prior Violation

• Failure to abate a previous violation

• A civil penalty of $7,000 for every business day that the violation has been committed starting from the abatement date

US Department of Labor, Occupational Safety and Health Administration

De Minimis Violation

• A violation of OSHA standards that have no direct effect or association with employee health and safety

US Department of Labor, Occupational Safety and Health Administration

OSHA Other Forms of Violation

• Falsifying documentations• Failure to post requirements, submit record of

employee training• Assaulting and intimidating a compliance

officer or preventing them from performing an inspection

US Department of Labor, Occupational Safety and Health Administration

What are the Consequences of Non-Compliance?

– Civil penalties– Imprisonment

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Reporting OSHA Violations and Employee Protection

OSHA protects employees who report workplace violations that their employers are committing. If their employer retaliates against the employee in any form, the employer will be subject to the corrective actions enforced by the Department of Labor in court, as stated in 29 U.S.C. § 660(c)(1, 2)).

US Department of Labor, Occupational Safety and Health Administration

Sources:• http://

www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

• http://www.twc.state.tx.us/news/efte/osha.html

• https://www.osha.gov/OshDoc/data_General_Facts/newbusinesses-factsheet.html

• https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1952

• http://www.law.cornell.edu/uscode/text/29/660

• http://www.oshacampus.com/blog/managing-risk-with-osha-safety-training/