OSHA

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CHAPTER 5

• OSHA

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GENERAL DUTY

• Each employer shall furnish to 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.

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OSHA AGENCIES

• Occupational Safety and Health Administration
  (OSHA)
• National Institute for Occupational and Health
  (NIOSH)
• Occupational Safety and Health Review Commission
  (OSHRC)

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OSHA

• Promulgates new regulations
• Enforces compliance with the regulations
• Gathers statistics on injuries and job-related
  illness

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NIOSH

• Research arm for OSHA
• Recommends new regulations to OSHA
• Develops educational materials

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OSHRC

• Reviews appeal of fines or abatement periods

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SAFETY REGULATIONS FOR CONSTRUCTION

• Code of Federal Regulation 1926
• also numerous reference standards apply
• National Fire Protection Association (NFPA)
• American National Standards Institute (ANSI)
• American Standards for Testing and Materials
  (ASTM)
• many others

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FOCUS OF OSHA REGULATIONS

• is on the Maintenance of Safe Physical
  Conditions
• includes construction, alteration, and/or
  repair, including painting and decorating ...

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OSHA REGULATIONS GO BEYOND PHYSICAL CONDITIONS

• Initiate and maintain programs on accident
  prevention
• Education and training on recognition, avoidance
  and prevention of unsafe conditions

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DEFINITIONS

• Authorized Person - person approved or assigned
  by the employer to perform a specific type of
  duty or duties
• Competent Person - person capable of identifying
  existing and predictable hazards in the
  surroundings or working conditions, empowered to
  correct conditions

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• Qualified means one who, by possession of a
  recognized degree, certificate, or professional
  standing or experience has successfully
  demonstrated his ability to solve or resolve
  problems related to a particular topic

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ISSUING NEW STANDARDS

• Developed by various means (NIOSH may help)
• Public hearings are held
• Final version of standard may then be issued

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INITIATING COMPLIANCE INSPECTIONS

• Prior knowledge of dangerous situations
• Random
• Complaint of OSHA violations
• Fatality or multiple injury incident
• Programmed or scheduled inspection
• Follow-up (verify abatement)

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CONDUCTING INSPECTIONS

• Introduction
• Opening conference
• Employer selects representative to accompany the
  inspector
• Worker selected to accompany the inspector
• Check records
• Check the job conditions
• Closing conference

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REDUCTIONS IN FINES

• Small firms
• Good history of OSHA compliance
• Good faith efforts

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FINES CAN BE CONTESTED

• Written objection to area director within 15
  working days of the citation
• Administrative judge renders a ruling
• Next stage is through the OSHRC

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STATE PLAN STATES

• State agencies enforce compliance
• OSHA funds 50 of state efforts
• OSHA continues to monitor state efforts
• There are 20 state-plan states

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OTHER OSHA PROGRAMS

• STAR
• Merit
• Demonstration

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FOCUSED INSPECTIONS

• Inspections that are directed to serious hazards
• If no serious hazards exist, no in-depth
  inspection will occur

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TARGETED INSPECTIONS

• Inspections that are directed to construction
  projects that have had compliance problems with
  OSHA regulations in the past

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