introduction to osha occupational safety and health administration keeping safe in the workplace
Post on 30-Mar-2015
246 Views
Preview:
TRANSCRIPT
Introduction to OSHAIntroduction to OSHA
OOccupationalccupational
SSafety andafety and
HHealth ealth
AAdministrationdministration
Keeping Safe in the Workplace
Section ISection I
IntroductionIntroduction
2
OSHAOSHA
In 1970, Congress considered:In 1970, Congress considered: Job-related accidents more than 14,000 Job-related accidents more than 14,000
worker deathsworker deaths 2 ½ million workers disabled2 ½ million workers disabled 10 times as many person-days lost from 10 times as many person-days lost from
job-related disabilities as from strikesjob-related disabilities as from strikes 300,000 new cases of occupational 300,000 new cases of occupational
diseasesdiseases
3
OSHAOSHA Major lossesMajor losses
Production and wagesProduction and wages Medical expensesMedical expenses Disability compensationDisability compensation Human costHuman cost
Congress passed the Occupational Congress passed the Occupational Safety and Health Act (OSH Act) of Safety and Health Act (OSH Act) of 19701970
4
Section IISection II
OSHAOSHA
5
OSHA’s missionOSHA’s mission
Encourage employers and employees Encourage employers and employees to reduce workplace hazards and to to reduce workplace hazards and to implement new, or improve existing, implement new, or improve existing, safety and health programssafety and health programs
6
OSHA’s missionOSHA’s mission
Provide research to develop ways of Provide research to develop ways of dealing with occupational safety and dealing with occupational safety and health problemshealth problems
Establish separate, but dependent Establish separate, but dependent responsibilities and rights for responsibilities and rights for employers and employees to achieve employers and employees to achieve better safety and health conditionsbetter safety and health conditions
7
OSHA’s missionOSHA’s mission Maintain a reporting and Maintain a reporting and
recordkeeping system to monitor job-recordkeeping system to monitor job-related injuries and illnessesrelated injuries and illnesses
Establish training programs Establish training programs to increase the number and to increase the number and competence of occupational competence of occupational safety and health personnelsafety and health personnel
8
OSHA’s missionOSHA’s mission
Develop mandatory job safety and Develop mandatory job safety and health standards and enforce them health standards and enforce them effectivelyeffectively
Provide for the development, Provide for the development, analysis, evaluation and approval of analysis, evaluation and approval of state occupational safety and health state occupational safety and health programsprograms
9
OSHA’s missionOSHA’s mission
OSHA guarantees employers and OSHA guarantees employers and employees the right to be fully employees the right to be fully informed, to participate actively and to informed, to participate actively and to appeal actions.appeal actions.
10
Section IIISection III
OSH ActOSH Act
11
OSH ActOSH Act
Employer – any person engaged in a Employer – any person engaged in a business affecting commerce who business affecting commerce who has employees, but does not include has employees, but does not include the U.S. or any state or political the U.S. or any state or political subdivision of a statesubdivision of a state
12
OSH ActOSH Act Not coveredNot covered
self-employed personsself-employed persons farms at which only immediate members farms at which only immediate members
of the farm employer’s family are of the farm employer’s family are employedemployed
workplaces already workplaces already protected by other federal protected by other federal agencies under other agencies under other federal statutesfederal statutes
13
OSH ActOSH Act
OSHA standards apply even if other OSHA standards apply even if other federal agency is authorized to federal agency is authorized to regulateregulate
States encouraged to develop and States encouraged to develop and operate, under OSHA guidance, state operate, under OSHA guidance, state job safety and health plansjob safety and health plans
14
OSH ActOSH Act
OSHA publicizes legally enforceable OSHA publicizes legally enforceable standardsstandards
Standards may require practices, means, Standards may require practices, means, methods or processes necessary and methods or processes necessary and appropriate to protect workers on the jobappropriate to protect workers on the job
General Duty Clause is used more in General Duty Clause is used more in penalty enforcementpenalty enforcement
15
General Duty ClauseGeneral Duty Clause Employers:Employers:
furnish employees employment and place furnish employees employment and place of employment free from recognized of employment free from recognized hazards that cause or are likely to cause hazards that cause or are likely to cause death or serious harm to employeesdeath or serious harm to employees
Protect employees even if no OSHA Protect employees even if no OSHA standard applies to situation or if hazards standard applies to situation or if hazards exists after compliance (e.g., ergonomics)exists after compliance (e.g., ergonomics)
Take additional steps toward safetyTake additional steps toward safety
16
General Duty ClauseGeneral Duty Clause
General Duty ClauseGeneral Duty Clause Extends OSHA’s authority beyond Extends OSHA’s authority beyond
specific OSHA standardsspecific OSHA standards Used when there is no specific standard Used when there is no specific standard
that applies to recognized hazardthat applies to recognized hazard Used when standard exists, but hazards Used when standard exists, but hazards
warrant additional precautions beyond warrant additional precautions beyond what safety standards requirewhat safety standards require
17
General Duty ClauseGeneral Duty Clause
Employers make good faith efforts to Employers make good faith efforts to correct existing workplace hazards correct existing workplace hazards and identify new hazardsand identify new hazards Review accident and injury records to Review accident and injury records to
identify patternsidentify patterns Investigate all accidents and injuries in Investigate all accidents and injuries in
workplaceworkplace Conduct job hazard analysesConduct job hazard analyses
18
General Duty ClauseGeneral Duty Clause
Supervisors and managers can:Supervisors and managers can: Document training efforts and conduct Document training efforts and conduct
retrainingretraining Establish employee safety committeeEstablish employee safety committee Assess whether process Assess whether process
is still unsafeis still unsafe
19
Section IVSection IV
InspectionsInspections
20
Workplace inspectionsWorkplace inspections Knowledgeable and experienced Knowledgeable and experienced
compliance officers – trained in compliance officers – trained in OSHA standardsOSHA standards
No noticeNo notice
Alerting employer can Alerting employer can bring fines and/or jailbring fines and/or jail
21
Workplace inspectionsWorkplace inspections
Special circumstances – notice of less Special circumstances – notice of less than 24 hoursthan 24 hours Imminent danger situationsImminent danger situations Inspections that must take place after Inspections that must take place after
regular hours or require special regular hours or require special preparationpreparation
Notice is required to assure that Notice is required to assure that employer and employee rep are presentemployer and employee rep are present
22
Workplace inspectionsWorkplace inspections Special circumstancesSpecial circumstances
Inspection must be delayed for more Inspection must be delayed for more than 5 days with good causethan 5 days with good cause
OSHA area director OSHA area director determines notice would determines notice would produce more thorough produce more thorough inspectioninspection
23
Worksite inspectionsWorksite inspections
Inform employee representativeInform employee representative Employer must admit compliance Employer must admit compliance
officerofficer Employer may not interfere with Employer may not interfere with
inspectioninspection OSHA may not conduct warrantless OSHA may not conduct warrantless
inspections without consentinspections without consent
24
Inspection prioritiesInspection priorities
Imminent danger – any condition Imminent danger – any condition where there is reasonable certainty where there is reasonable certainty that danger exists that can cause that danger exists that can cause death or serious physical harm death or serious physical harm immediately, or before danger can immediately, or before danger can be eliminatedbe eliminated
25
Inspection prioritiesInspection priorities Catastrophes and fatal accidents – Catastrophes and fatal accidents –
fatalities and accidents resulting in fatalities and accidents resulting in hospitalization of three or more hospitalization of three or more employeesemployees Must be reported within 8 hoursMust be reported within 8 hours
26
Inspection prioritiesInspection priorities
Employee complaints – alleged Employee complaints – alleged violations of standards or unsafe or violations of standards or unsafe or unhealthful working conditionsunhealthful working conditions Employee feels imminent dangerEmployee feels imminent danger Employee feels there is a violation of Employee feels there is a violation of
standard that threatens physical harmstandard that threatens physical harm
27
Inspection prioritiesInspection priorities
Employee complaints Employee complaints OSHA will maintain confidentialityOSHA will maintain confidentiality OSHA will inform employee of action OSHA will inform employee of action
takentaken OSH will hold informal review of OSH will hold informal review of
decision not to inspect decision not to inspect
28
Inspection prioritiesInspection priorities
Programmed inspections – Programmed inspections – inspections aimed at high hazard inspections aimed at high hazard industries, occupations or health industries, occupations or health substancessubstances
Follow-up inspections – determine if Follow-up inspections – determine if previously cited violations have been previously cited violations have been correctedcorrected
29
Inspection prioritiesInspection priorities Records review – examination of Records review – examination of
employer’s injury and illness employer’s injury and illness records (OSHA 300 form) to records (OSHA 300 form) to determine whether to conduct determine whether to conduct workplace workplace inspectioninspection
30
InspectionsInspections
Inspector’s credentialsInspector’s credentials Employer should request to see Employer should request to see
credentialscredentials Credential has photo and serial numberCredential has photo and serial number Compliance officers may not collect Compliance officers may not collect
penalty at time of inspectionpenalty at time of inspection Compliance officer may not promote Compliance officer may not promote
sale of product or servicesale of product or service
31
InspectionsInspections Opening conferenceOpening conference
Compliance officer explains how company Compliance officer explains how company selected and if it will be subject to safety selected and if it will be subject to safety inspectioninspection
Compliance officer explains Compliance officer explains purpose, scope and standards purpose, scope and standards that applythat apply
Employer asked to select Employer asked to select employee representative. If no employee representative. If no employee rep, compliance officer employee rep, compliance officer must consult with other employeesmust consult with other employees
32
InspectionsInspections Inspection processInspection process
Compliance officer and reps inspect for Compliance officer and reps inspect for safety or health hazardssafety or health hazards
Officer determines route and Officer determines route and duration of inspectionduration of inspection
Officer may consult with Officer may consult with employees, take photos, employees, take photos, instrument readings, examine instrument readings, examine records, measure noise levels, etc.records, measure noise levels, etc.
33
InspectionsInspections
Inspection processInspection process Compliance officer inspects records of Compliance officer inspects records of
deaths, injuries and illnesses (OSHA deaths, injuries and illnesses (OSHA form 300-A)form 300-A)
Officer will explain requirements of Officer will explain requirements of Hazard Communication StandardHazard Communication Standard
Officer will point out unsafe or Officer will point out unsafe or unhealthful working conditions. Will unhealthful working conditions. Will discuss possible corrective actiondiscuss possible corrective action
34
InspectionsInspections Closing conferenceClosing conference
Includes compliance officer, employer and Includes compliance officer, employer and employee repemployee rep
Employer receives “rights and responsibility” Employer receives “rights and responsibility” bookletbooklet
Officer discusses unsafe or unhealthful Officer discusses unsafe or unhealthful conditions and will note violations for which conditions and will note violations for which citation may be issuedcitation may be issued
Officer will not indicate any specific penaltiesOfficer will not indicate any specific penalties
35
Section VSection V
Citations and Citations and PenaltiesPenalties
36
CitationsCitations
Inform employers and employees of Inform employers and employees of the regulations and standards the regulations and standards alleged to have been violated and alleged to have been violated and length of time set for abatementlength of time set for abatement
Employer must post a Employer must post a copycopy
37
CitationsCitations
Appeals by employees may be made on:Appeals by employees may be made on: decision not to issue a citationdecision not to issue a citation time allowed for abatement of a hazardous time allowed for abatement of a hazardous
conditioncondition
Employees may not contest a citation, but Employees may not contest a citation, but may submit a written objectionmay submit a written objection
Employees may request informal Employees may request informal conference with OSHAconference with OSHA
38
CitationsCitations Employers may request informal Employers may request informal
meeting with OSHA area directormeeting with OSHA area director
Area director may propose settlement Area director may propose settlement agreementagreement
39
PenaltiesPenalties
Categories of ViolationsCategories of Violations seriousserious other-than-seriousother-than-serious willfulwillful repeatrepeat failure to abatefailure to abate
40
PenaltiesPenalties Severity of violation and probability of Severity of violation and probability of
injury or illness will determine base injury or illness will determine base penalty.penalty.
Penalty amounts Penalty amounts are proposedare proposed
Employers may contest penaltyEmployers may contest penalty
41
PenaltiesPenalties
Additional violations for which Additional violations for which citations and penalties may be citations and penalties may be issuedissued falsifying recordsfalsifying records assaulting a compliance officerassaulting a compliance officer
42
Contesting a citationContesting a citation
Informal conference request Informal conference request obtain a better explanation of the obtain a better explanation of the
violationsviolations obtain a more complete understanding obtain a more complete understanding
of the specific standards that applyof the specific standards that apply negotiate and enter into an informal negotiate and enter into an informal
Settlement AgreementSettlement Agreement
43
Contesting a citationContesting a citation Informal conferenceInformal conference
Discuss ways to correct the violationsDiscuss ways to correct the violations Discuss problems with the abatement Discuss problems with the abatement
datesdates Discuss problems concerning employee Discuss problems concerning employee
safety practicessafety practices Resolve disputed citations and penaltiesResolve disputed citations and penalties
44
Contesting a citationContesting a citation
Notice of contest submitted with 15 Notice of contest submitted with 15 working days of receiptworking days of receipt
Notice of Contest must state:Notice of Contest must state: what is being contestedwhat is being contested which violations on the citation are which violations on the citation are
being contestedbeing contested
45
Section VISection VI
Employer Employer Responsibilities & Responsibilities &
RightsRights
46
Employer responsibilitiesEmployer responsibilities
Meet the general duty responsibility Meet the general duty responsibility to provide a workplace free from to provide a workplace free from recognized hazards that are causing recognized hazards that are causing or are likely to cause death or or are likely to cause death or serious physical harm to employees, serious physical harm to employees, and comply with standards, rules and and comply with standards, rules and regulations issued under the Act regulations issued under the Act
47
Employer responsibilitiesEmployer responsibilities Be familiar with mandatory OSHA standards Be familiar with mandatory OSHA standards
and make copies available to employeesand make copies available to employees Inform all employees Inform all employees
about OSHAabout OSHA Examine workplace Examine workplace
conditions to make sure conditions to make sure they conform to applicable they conform to applicable standardsstandards
Minimize or reduce hazardsMinimize or reduce hazards
48
Employer responsibilitiesEmployer responsibilities Make sure employees have and use Make sure employees have and use
safe tools and equipment and that safe tools and equipment and that equipment is properly maintainedequipment is properly maintained
Use color codes, posters, Use color codes, posters, labels or signs when needed labels or signs when needed to warn employees of to warn employees of potential hazardspotential hazards
49
Employer responsibilitiesEmployer responsibilities Establish or update operating Establish or update operating
procedures and communicate them so procedures and communicate them so that employees follow safety and health that employees follow safety and health requirementsrequirements
Provide training required by Provide training required by OSHA standardsOSHA standards
Provide medical examinations Provide medical examinations when required by OSHA standardswhen required by OSHA standards
50
Employer responsibilitiesEmployer responsibilities
Report to the nearest OSHA office within 8 Report to the nearest OSHA office within 8 hours any fatal accident or one which hours any fatal accident or one which results in the hospitalization of three or results in the hospitalization of three or more employeesmore employees
Keep OSHA-required records of work-Keep OSHA-required records of work-related injuries and illnesses, and post the related injuries and illnesses, and post the OSHA 300A form from February 1 through OSHA 300A form from February 1 through April 30 each yearApril 30 each year
51
Employer responsibilitiesEmployer responsibilities Post, at a prominent location within the Post, at a prominent location within the
workplace, the OSHA poster (OSHA 2203) workplace, the OSHA poster (OSHA 2203) informing employees of their informing employees of their rights and responsibilitiesrights and responsibilities
Provide employees, former Provide employees, former employees and reps access employees and reps access to injury and illness recordkeeping to injury and illness recordkeeping forms at reasonable time and in a forms at reasonable time and in a reasonable mannerreasonable manner
52
Employer responsibilitiesEmployer responsibilities
Provide access to employee medical Provide access to employee medical records and exposure records to records and exposure records to employeesemployees
Don’t discriminate against employees Don’t discriminate against employees who properly exercise their rights under who properly exercise their rights under the Actthe Act
Cooperate with OSHA compliance officer Cooperate with OSHA compliance officer by furnishing names of authorized by furnishing names of authorized employee repsemployee reps
53
Employer responsibilitiesEmployer responsibilities
Post OSHA citations at or near the Post OSHA citations at or near the worksite involved. Each citation must worksite involved. Each citation must remain posted until the violation has remain posted until the violation has been abated, or for three working been abated, or for three working days, whichever is longerdays, whichever is longer
Abate cited violations within the Abate cited violations within the prescribed periodprescribed period
54
Employer rightsEmployer rights
Seek advice and off-site consultation Seek advice and off-site consultation as needed by writing, calling or as needed by writing, calling or visiting the nearest OSHA Officevisiting the nearest OSHA Office
Be active in industry associations Be active in industry associations involved in job safety and healthinvolved in job safety and health
55
Employer rightsEmployer rights Request and receive proper identification Request and receive proper identification
from the OSHA compliance from the OSHA compliance officer prior to inspectionofficer prior to inspection
Be advised by the Be advised by the compliance officer of the compliance officer of the reason for an inspectionreason for an inspection
Have an opening and closing conference Have an opening and closing conference with the compliance officerwith the compliance officer
56
Employer rightsEmployer rights
Accompany the compliance officer Accompany the compliance officer on the inspectionon the inspection
File a Notice of Contest File a Notice of Contest with the OSHA area director with the OSHA area director within 15 working days of within 15 working days of receipt of a notice of citation receipt of a notice of citation and proposed penaltyand proposed penalty
57
Employer rightsEmployer rights
Apply to OSHA for a temporary Apply to OSHA for a temporary variance from a standard if unable to variance from a standard if unable to comply because of the unavailability comply because of the unavailability of materials, equipment or personnel of materials, equipment or personnel needed to make necessary changes needed to make necessary changes within the required timewithin the required time
58
Employer rightsEmployer rights
Apply to OSHA for a permanent Apply to OSHA for a permanent variance from a standard if the variance from a standard if the employer can furnish proof that its employer can furnish proof that its facilities or method of operation facilities or method of operation provides employee protection at provides employee protection at least as effective as that required by least as effective as that required by the standardthe standard
59
Employer rightsEmployer rights
Take an active role in developing Take an active role in developing safety & health standards through safety & health standards through participation in OSHA Standards participation in OSHA Standards Advisory Committees, through Advisory Committees, through nationally recognized standards-nationally recognized standards-setting organizations and through setting organizations and through evidence and views presented in evidence and views presented in writing or at hearingswriting or at hearings
60
Employer rightsEmployer rights
Be assured of the confidentiality of any Be assured of the confidentiality of any trade secrets observed by an OSHA trade secrets observed by an OSHA compliance officer during an inspectioncompliance officer during an inspection
Submit a written request to NIOSH for Submit a written request to NIOSH for information on whether any substance information on whether any substance in the workplace has potentially toxic in the workplace has potentially toxic effects in the concentrations being usedeffects in the concentrations being used
61
Section VIISection VII
Employee Employee Responsibilities and Responsibilities and
RightsRights
62
Employee responsibilitiesEmployee responsibilities
Read the OSHA poster at the jobsiteRead the OSHA poster at the jobsite
Comply with all applicable OSHA Comply with all applicable OSHA standardsstandards
Follow all employer safety and health Follow all employer safety and health rules and regulations, and wear or use rules and regulations, and wear or use protective equipmentprotective equipment
63
Employee responsibilitiesEmployee responsibilities Report any job-related injury or illness to the Report any job-related injury or illness to the
employer, and seek treatment promptlyemployer, and seek treatment promptly
Cooperate with the OSHA compliance officer Cooperate with the OSHA compliance officer conducting an inspection if he or she conducting an inspection if he or she inquires about safety and health inquires about safety and health conditionsconditions
Exercise your rights under the Exercise your rights under the Act in a responsible mannerAct in a responsible manner
64
Employee rightsEmployee rights
Right to seek safety and health on the Right to seek safety and health on the job without fear of punishment job without fear of punishment
Employers may not punish workers for:Employers may not punish workers for: complaining to an employer, union, OSHA, complaining to an employer, union, OSHA,
or any other government agency about or any other government agency about job safety and healthjob safety and health
filing safety or health grievancesfiling safety or health grievances
65
Employee rightsEmployee rights Employers may not punish workers Employers may not punish workers
for:for: participating on a workplace safety and participating on a workplace safety and
health committee or in union activities health committee or in union activities concerning job safety and healthconcerning job safety and health
participating in OSHA participating in OSHA inspections, conferences, inspections, conferences, hearings or other OSHA-hearings or other OSHA-related activitiesrelated activities
66
Employee rightsEmployee rights Review copies of appropriate OSHA Review copies of appropriate OSHA
standards, rules, regulations, and standards, rules, regulations, and requirements that the requirements that the employer should have employer should have available at the workplaceavailable at the workplace
67
Employee rightsEmployee rights
Request information from the Request information from the employer on safety and health employer on safety and health hazards in the area, on precautions hazards in the area, on precautions that may be taken, and on that may be taken, and on procedures to be followed if an procedures to be followed if an employee is involved in an accident employee is involved in an accident or is exposed to toxic substancesor is exposed to toxic substances
68
Employee rightsEmployee rights Receive adequate training and Receive adequate training and
information on workplace safety and information on workplace safety and health hazardshealth hazards
Request the OSHA area Request the OSHA area director to conduct an director to conduct an inspection if employee inspection if employee believes hazardous believes hazardous conditions or violations conditions or violations of standards exist in the workplaceof standards exist in the workplace
69
Employee rightsEmployee rights
Have name withheld from employer, Have name withheld from employer, upon request to OSHA, if a written and upon request to OSHA, if a written and signed complaint is filedsigned complaint is filed
Be advised of OSHA actions regarding Be advised of OSHA actions regarding the complaint and have an informal the complaint and have an informal review, if requested, of any decision not review, if requested, of any decision not to to inspect or to issue a citationinspect or to issue a citation
70
Employee rightsEmployee rights
Have the authorized employee Have the authorized employee representative accompany the OSHA representative accompany the OSHA compliance officer during the inspection compliance officer during the inspection tourtour
Respond to questions from the OSHA Respond to questions from the OSHA compliance officer, particularly if there is compliance officer, particularly if there is no authorized employee representative no authorized employee representative accompanying the compliance officeraccompanying the compliance officer
71
Employee rightsEmployee rights Observe any monitoring or measuring Observe any monitoring or measuring
of hazardous materials and have the of hazardous materials and have the right to see these recordsright to see these records
Request a closing Request a closing discussion with the discussion with the compliance officer compliance officer following an inspectionfollowing an inspection
72
Employee rightsEmployee rights
Submit a written request to NIOSH Submit a written request to NIOSH for information on whether any for information on whether any substance in the workplace has substance in the workplace has potentially toxic effects in the potentially toxic effects in the concentration being used, and have concentration being used, and have employee’s name withheld from the employee’s name withheld from the employer, if requestedemployer, if requested
73
Employee rightsEmployee rights
Object to the abatement period set in Object to the abatement period set in the citation issued to the employer the citation issued to the employer by writing to the OSHA area director by writing to the OSHA area director within 15 working days of the within 15 working days of the issuance of the citationissuance of the citation
74
Employee rightsEmployee rights
Be notified by the employer if he or she Be notified by the employer if he or she applies for a variance from an OSHA applies for a variance from an OSHA standard, and testify at a variance hearing standard, and testify at a variance hearing and appeal the final decisionand appeal the final decision
Submit information or comment to OSHA Submit information or comment to OSHA on the issuance, modification, or on the issuance, modification, or revocation of OSHA standards and request revocation of OSHA standards and request a public hearinga public hearing
75
Section VIIISection VIII
SummarySummary
76
Summary of main pointsSummary of main points
OSHAOSHA
OSH ActOSH Act
Employer Responsibilities and RightsEmployer Responsibilities and Rights
Employee Responsibilities and RightsEmployee Responsibilities and Rights
77
Questions?Questions?
78
top related