MODULE 0Introduction to
OSHA“This material was produced under the grant SH-22285-11-60-F-11 from the Occupational Safety and Health Administration, U.S. Department of Labor, and contract 212-2009-M-32109 from the National Institute for Occupational Safety and Health. It does not necessarily reflect the views or policies of the U.S. Department of Labor or U.S. Department of Health and Human Services, respectively, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”
Introduction to OSHAh Objectives
– Recognize major provisions of the OSH Act– Identify key phases of an OSHA inspection– Locate OSHA standards– Recognize employer responsibilities at multi-
employer worksites– General understanding of Part 1926
standards, “Competent Persons” & “Qualified Persons”
– Respond appropriately to an OSHA inspection
What do you know about OSHA?
When did you first hear about OSHA?
What did you think about OSHA then?
What do you think is OSHA’s mission?
What is OSHA? Federal agency located with in the
Department of Labor On December 29, 1970, President
Nixon signed the OSH Act; it opened April 28, 1971
“[T]o assure … every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.”
Why Did Congress Create OSHA?
On average, 13 workers died every day from job injuries in 2010.
Approximately 4,600 Americans died from workplace injuries annually during the same period.
Nearly 3.1 million non- fatal workplace injuries and illnesses were reported for 2010
What Does OSHA Do? Develop standards Inspect employers Investigate injuries and
fatalities Issue citations and
impose penalties (civil or criminal)
Assist in occupational safety and health training
Who Is Accountable to OSHA?
An EMPLOYER is defined as a person engaged in a business affecting commerce who has employees; it does not include the United States or other government entity.
An EMPLOYEE is defined as a person employed by an employer who affects commerce.
Who is covered by OSHA?1. Harry Adams, a miner at
Aggregate Quarry2. Juan Martinez, one of 3
employees of Roadside Mowing.
3. Taylor Dell, a consulting engineer in business for herself.
4. Rob Jones, one of 10 laborers working for Paving, Inc.
No. Covered by
MSHAYes
No. Self-Employed
are not coveredYes
How Does OSHA Create Standards?
Adoption of existing industry consensus standards
Rulemaking Emergency Temporary
Standards Variances
Sister Agencies National Institute for
Occupational Safety and Health (NIOSH)
Occupational Safety and Health Review Commission (OSHRC)
Preemption 4(b)(1) Preemption
FMCSAFHWA
State Plan States States may assume responsibility
for enforcing occupational safety and health regulations in lieu of federal OSHA
State must issue and enforce standards that are substantially equal to the federal standards
State Plan States
Where Can I Find Out About New Standards?
Federal Register OSHA Website
(www.osha.gov)
Finding OSHA Standards
29 CFR 1926.600-606Title
Code of Federal Regulations
Part
Subpart (Grouping of Sections, 600-606 = Subpart O, Motor Vehicles and Mechanized Equipment)
(1926 = Construction) Section(Individual number)
What Authority Does OSHAHave at a Worksite?
Inspect
Issue Citations
OSHA Inspection PriorityPriority Category of Inspection
1st Imminent Danger:Reasonable certainty an immediate danger exists
2nd Fatality/Catastrophe:Reported to OSHA; inspected as soon as possible
3rd Complaints/Referrals:Worker or worker representative can file a complaint about a safety or health hazard
4th Programmed Inspections:Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.
Citations Cite for violations of OSHA
standards or general duty clause (5(a)(1))
When issuing a citation OSHA must ensure that: The citation is in writing It describes the particular
violation and applicable standard or authority
The citation is posted A reasonable abatement period
is attached to the citation
Employer and Employee Rights
Employers have the right to contest all aspects of a citation.
Employees only have a right to contest the time period fixed for abating the hazard.
Penalties Willful or Repeated = Up to $70,000
per violation with a minimum of $5,000 for a willful violation
Serious and “Other than Serious” violations, to a maximum of $7,000
Failure to abate a hazard, a maximum of $7,000 per day for each day the violation continues
Penalties (continued)
Advance notice of an inspection without authority, a maximum of $1,000 or imprisonment for not more than 6 months
False statements, representation or certification on documents maintained as required by the OSH Act, maximum of $10,000 or imprison- ment for not more than 6 months
Inspection Process
Opening Conference Walk Around Closing Conference
Multi-Employer Policy Exposing Employer Creating Employer Correcting Employer Controlling Employer
Required Personnel(Key OSHA Terms)
Competent Person Qualified Person Designated Person Authorized Person
Competent Person
Capable of identifying existing and predictable hazards and hazardous working conditions; and
Has authorization to take prompt corrective measures to eliminate them
Authorized Person
A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location or locations at the jobsite
(Same definition for Designated Person)
Qualified Person One who, by possession of a
recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has proven the ability to solve and resolve work-related problems…..
Worker Rights The creation of OSHA provided
workers the right to a safe and healthful workplace.
Section 5(a)(1) of the OSH Act states: “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."
Illness and Injury Information
OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses.
Workers have the right to review the current log, as well as the logs stored for the past 5 years.
Workers also have the right to view the annually posted summary of the injuries and illnesses (OSHA 300A).
Complain and Request Corrections
Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith.
OSHA regulations [29CFR 1977.9(c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.
Right to Training Workers have a right to get training
from employers on a variety of health and safety hazards and standards that employers must follow.
Some required training covers topics such as, lockout-tagout, blood-borne pathogens, noise, confined spaces, fall hazards in construction, and personal protective equipment---along with a variety of other subjects.
Examine Exposure & Medical Records
1910.1020: right to examine & copy records
Examples of toxic substances and harmful physical agents are:Metals and dusts, such as lead,
cadmium, and silica.Biological agents such as bacteria,
viruses, and fungi.Physical stress such as noise, heat,
cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.
File a Complaint with OSHA
Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace.
Workers may request that their name not be revealed to the employer.
If a worker files a complaint, they have the right to find out OSHA’s action on the complaint and request a review if an inspection is not made.
Free from Retaliation Workers have the right to be free from
retaliation for exercising safety and health rights.
Workers have a right to seek safety and health on the job without fear of punishment.
This right is spelled out in Section 11(c) of the OSH Act.
Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights.
Participate in an OSHA Inspection
An employee representative can accompany the OSHA inspector.
Workers can talk to the inspector privately. Workers may point out hazards, describe
injuries, illnesses or near misses that resulted from those hazards, and describe any concerns they have about a safety or health issue.
Workers can find out about inspection results, abatement measures and may object to dates set for violations to be corrected.
VIRTUAL INSPECTIONIdentify the Hazards
Problems:•Not a legal sign•Sign not far enough in advance of the work zone
Problems:• Ladder not in trench box•Edges not protected from falls•Worker outside trench box
Problems:•Chevrons/hatch marks pointing in wrong direction.
Problems:•Outrigger on unstable surface.• Poor walking surface
Problems:•No apparent problems.
Problems:• Improper use of drum•No fall protection system
Problems:•No class 2 vest•Working near water (rescue equipment?)• Forms become confined spaces if entered
Problem:•Where is the fire extinguisher?
Problems:• Improper containers•No labeling• Possible mixing of hazardous substances
ENDModule 1