All About TOSHA

1
All About TOSHA

• Basic Information About Tennessee OSHA

2
TOSHA believes the information in this
presentation to be accurate and delivers this
presentation as a community service. As such, it
is an academic presentation which cannot apply to
every specific fact or situation nor is it a
substitute for any provisions of 29 CFR Part 1910
and/or Part 1926 of the Occupational Safety and
Health Standards as adopted by the Tennessee
Department of Labor and Workforce Development or
of the Occupational Safety and Health Rules of
the Tennessee Department of Labor and Workforce
Development.
3
SAVING LIVES
PREVENTING INJURIES AND ILLNESSES
TOSHAs Purpose
PROTECTING THE HEALTH OF TENNESSEE WORKERS
4
TOSHA History

• Congress Passed OSH Act in 1970
• OSHA was created within the Department of Labor
• Allowed states to run their own OSHA programs
• Tennessee assumed OSH responsibility in 1972
• Public Sector program established in 1974
• Final Tennessee state plan approved by Federal
  OSHA in 1985

5
President Nixon Signs the Occupational Safety
and Health Act Into Law
6
State Plan States

• Alaska Arizona California Connecticut
• Hawaii Indiana Iowa Kentucky
• Maryland Michigan Minnesota Nevada
• New Jersey New Mexico New York N. Carolina
• Oregon Puerto Rico S. Carolina Tennessee
• Utah Vermont Virgin Isl. Virginia
• Washington Wyoming
• Connecticut, New Jersey, and New York are public
• sector only

7
TOSHA Offices
8
Scope

• TOSHA standards and regulations apply to all
  places of employment where employees are exposed
  to a hazard

9
Employers Rights And Duties

• 1. The employer shall furnish a place of
  employment free from recognized hazards that are
  causing or likely to cause death or serious
  physical harm to employees (T.C.A. 50-3-105)
• 2. Shall comply with the OSHA standards
• 3. Shall not restrict an inspection
• 4. May participate in standards development
• 5. Are entitled to review citations issued
• 6. May seek a variance to a standard
• 7. Are entitled to protection of trade secrets

10
Employees Rights And Duties

• 1. Must comply with TOSHA standards/regulations
• 2. Can request an inspection
• 3. Be afforded appropriate protective
  measures(labels, control techniques, personal
  protective equipment, monitoring)to control
  exposures to biological or physical agents
• 4. Shall not be discharged or discriminated
  against for filing complaints with TOSHA
• 5. Has 20 days to object to a citation or to the
  result of an investigation
• 6. Has the right to refuse medical treatment on
  religious grounds

11
Standards

• Title Part
• 29 CFR 1910 General Industry
• 29 CFR 1926 Construction
• 29 CFR 1928 Agriculture
• 29 CFR 1915 Shipyard Employment
• 29 CFR 1917 Marine Terminals
• 29 CFR 1918 Longshoring
• Enforced by TOSHA
• Enforced by Federal OSHA

12
Differences Between TOSHA and OSHA

• Most TOSHA standards and regulations are the same
  as Federal OSHAs (Section 29 Code of Federal
  Regulations, Part 1910)
• However, these parts of 29 CFR 1910 were not
  adopted by Tennessee
• 1910.1
• 1910.2
• 1910.3
• 1910.4
• 1910.15
• 1910.16

13
Differences Between TOSHA and OSHA

• TOSHA enforces the Tennessee Hazardous Chemical
  Right-to-Know Law containing requirements in
  addition to those in Hazard Communication, 29 CFR
  1910.1200
• Annual training on hazardous chemicals
• Maintenance of training records
• Labeling for non-containerized chemicals
• Submission of chemical list to TOSHA upon request

14
Differences Between TOSHA and OSHA

• Tennessees Sharps Injury Prevention Law requires
  all users of needles to keep a Sharps Injury Log
  listing the type and brand of device in use when
  each sharps injury occurred
• TOSHA enforces the Z-1-A tables of Permissible
  Exposure Limits on hazardous chemicals

15
Differences Between TOSHA and OSHA

• TOSHA allows 20 calendar days after receipt of
  citations to hold an informal conference and/or
  notify TOSHA of the contestment of citations

16
General Duty Clause

• Each employer shall furnish to each of his (or
  her) employees conditions of employment free from
  recognized hazards that are causing or are likely
  to cause death or serious physical harm to his
  (or her) employees.

17
General Duty Clause

• For the general duty clause to be used by TOSHA
  to cite a violation, there must be
• 1) An exposed employee
• 2) A recognized hazard
• 3) The likelihood of death or serious physical
  harm
• 4) A feasible useful method of abatement

18
Inspections

• All inspections are unannounced
• Scheduling Priority
• Imminent Danger
• Fatalities/Catastrophes
• Complaints/Referrals
• Programmed Inspection
• Special Emphasis Programs/ Targeting Initiatives

19
Special Inspections

• Special Emphasis Programs
• Fall Protection
• Trenching and Excavation
• Occupational Noise
• Carbon Monoxide
• Amputations
• Targeting Initiatives
• Metal Working Industries
• Construction
• Sharps Injury Prevention in Hospitals and
  Ambulatory Surgical Treatment Centers

20
Inspections

• Compliance officer shows credentials
• Opening conference is held
• Employer representative participates
• Employee representative participates
• Walkaround is conducted
• Closing conference is held
• Return for air or noise sampling may be necessary
• Duration may be 1 day-6 months

21
Citations

• Issued for all apparent violations of TOSHA
  standards and regulations
• Issued for first incidence of violations
• Often are accompanied by monetary penalties
• Issued within 6 months (usually less) of the
  violation
• Arrive by certified mail (return receipt)

22
TOSHAs Penalty Structure
23
Penalty Adjustment Factors

• These adjustments are made before the citation is
  issued
• Size--maximum 50 reduction (25 or fewer
  employees)
• Good faith--maximum 50 reduction (effective
  safety and health efforts prior to the
  inspection)
• History--maximum 10 reduction (lack of history
  of previous violations)
• Maximum reduction attainable is 90

24
AppealLevel 1

• Informal conference
• Informal meeting with the Administrator of TOSHA
  (or representative) to discuss inspection
  findings and /or monetary penalties
• Must be requested and held with 20 days of
  receipt of citation(s)

25
Appeal--Level 2

• Citations and penalties may be contested
• Written Notification of Contestment must be
  received in the Nashville Office within 20 days
  of receipt of the citation(s)
• Contestments are set for a hearing before the
  Tennessee Occupational Safety and Health Review
  Commission

26
Further Appeals

• Chancery Court-Davidson County
• State Court of Appeals
• State Supreme Court

27
Required Postings

• Its The Law Poster
• Citations
• Notice of Informal Conference
• OSHA 300A Form

28
Recognition Programs

• Volunteer STAR Award
• SHARP Award
• Governors Award
• Commissioners Award

29
Volunteer STAR

• The Voluntary Protection Program (VPP)
• Also known as the Volunteer STAR award
• Designed to recognize and promote effective
  safety and health management
• Cooperative relationship between management,
  labor, and TOSHA
• For companies with a strong safety and health
  program

30
Volunteer STAR Criteria

• Management Leadership And Employee Involvement
• Worksite Analysis
• Hazard Prevention And Control
• Safety And Health Training

31
SHARP

• S - Safety
• H - Health
• A - Achievement
• R - Recognition
• P - Program

32
SHARP

• Open to smaller companies with limited resources
• Must make a commitment to significant safety and
  health improvement in the workplace

33
Governors/Commissioners Award of Excellence

• Open to manufacturing and construction firms
• Commissioners Award
• No lost time injuries or illnesses
• Governors Award
• No lost time or restricted/transferred duty
  injuries or illnesses
• Based on worker-hours worked

34
Need Help?

• Call TOSHA Consultative Services for on-site
  compliance assistance
• Who qualifies? Facilities with
• Less than 500 employees corporate-wide and
• Less than 250 employees at the facility

35
Consultative Services

• No Cost
• No Citations
• No Penalties
• Employer Must Agree To Correct Hazards
• Call 1-800-325-9901

36
Call TOSHA

• Memphis Office 901-543-7259
• Jackson Office 731-423-5641
• Nashville Office 615-741-2793
• 1-800-249-8510
• Knoxville Office 865-594-6180
• Kingsport Office 423-224-2042
• Chattanooga 423-634-6424
• Consultative Services 1-800-325-9901

37
Web Resources

• Federal OSHA
• www.osha.gov
• TOSHA
• www.tennessee.gov/labor-wfd/tosha
• Centers for Disease Control
• www.cdc.gov
• National Institute of Occupational Safety and
  Health
• www.cdc.gov/niosh