11006133/0109 Copyright © 2001 Business & Legal Reports, Inc. BLR’s Safety Training Presentations...

11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.

BLR’s Safety Training Presentations

OSHA and the General Duty Clause §5(a)(1) OSH Act of 1970


Goals

Introduction of OSHA General Duty Clause Quiz


Occupational Safety and Health Act

Occupational Safety and Health Administration (OSHA)

National Institute for Occupational Safety and Health (NIOSH)

Occupational Safety and Health Review Commission (OSHRC)


OSHA’s Mission

OSHA exists to save lives, prevent injuries, and protect the health of America’s workers.


OSHA’s Results

Fatalities reduced 50% to slightly under 6,000 annually

Injuries and illnesses reduced 40% to 5.2 million

U.S. employment has doubled to 111 million workers

7 million worksites are covered by OSHA


OSHA’s Resources

2003 budget of $437 million Staff of 2,303 with 1,087 inspectors Oversees 26 state-run OSHA programs 2,960 state employees with 1,327 state

inspectors


OSHA’s Strategies

Enforcement Partnerships Rulemaking Outreach


OSHA Inspections in Year 2002

Federal OSHA 37,493 inspections 78,433 violations $72,827,278 in

penalties

State OSHA programs 58,402 inspections 144,075 violations $75,871,882

in penalties


What Prompts an OSHA Inspection?

Reports of imminent danger

Fatalities or catastrophes

Employee complaints Referrals from

other agencies Targeted facilities


Citations and Penalties

Willful: $5,000 to $70,000 Serious: Up to $7, 000 Repeat: Up to $70,000 Failure to abate: Up to $7,000 for each day Other: Up to $7,000


OSHA Partnerships

Voluntary Protection Program (VPP)

OSHA Strategic Partnership Program


OSHA Outreach Programs

OSHA Consultation Program

Compliance Assistance Specialists

Training grants Small business

assistance Interactive software


OSHA Standards

Safety and health rules Protect workers

from hazards Justified through

science and research Written in a

simple format


Goals



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.”


Employer Duties

“Each employer shall comply with occupa-tional safety and health

standards promulgated under this Act.”


Employee Duties

“Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this ACT which are applicable to his own actions and conduct.”


Violations of the General Duty Clause

No specific standard covers a hazard Serious risk is involved Employer should have recognized the hazard “Significant findings letter” sent to employer


Employee Rights to Information

OSH Act and OSHA Standards

Company safety and health records

Company written safety and health programs

Monitoring and testing results


Employee Rights and Protection

Complain to OSHA about safety concerns

Participate in OSHA inspections

Discuss safety with other employees

Ask employer to correct unsafe conditions


Employee Responsibilities

Follow OSHA and employer safety rules

Wear required PPE Report workplace

hazards Report job-related

injuries or illnesses


Goals



Summary

OSHA exists to save lives and prevent injuries OSHA uses enforcement, partnership,

rulemaking, and outreach Employers shall furnish a workplace free

of hazards Employees must follow OSHA safety rules


Quiz

1. Since 1971, OSHA has reduced workplace fatalities by 50%. True or False

2. OSHA was the only agency formed by the Occupational Safety and Health Act of 1970. True or False

3. What is OSHA’s Mission:

4. OSHA has over 10,000 inspectors. True or False

5. Name one thing that will prompt an OSHA inspection: ______________________


Quiz (cont.)

6. What type of citation carries the highest penalty?7. Name one of the strategies that OSHA

uses to accomplish its mission: 8. The General Duty Clause requires

employers to provide a workplace free of recognized hazards. True or False

9. Employees do not have any responsibility according to the General Duty Clause.

True or False10. Give one example of information that employees have a

right to obtain: ______________________


Quiz Answers

1. True. Fatalities have been reduced to just under 6,000 annually.

2. False. Two other agencies were formed: National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Review Commission (OSHCR).

3. OSHA exists to save lives, prevent injuries, and protect the health of workers.

4. False. OSHA has just over 1,000 inspectors.5. Report of imminent danger, fatality or catastrophe,

employee complaint, referral, targeted inspection.


Quiz Answers (cont.)

6. Willful and repeat citations carry penalties of up to $70,000.

7. Enforcement, partnership, rulemaking, outreach.

8. True.

9. False. Employees are required to follow the requirements of OSHA standards, rules, and regulations.

10. OSHA standards, company safety records, company written safety programs, results of monitoring and testing.

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