Introduction to OSHA

1
Introduction to OSHA

• OSH Act, OSHA Standards, Inspections, Citations
  and Penalties

By Josh Moore ASP,CHST,OHST
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The Need for Legislation 2

• More than 90 million Americans spend their days
  (or nights) on the job. Until 1970, no uniform
  and comprehensive provisions existed for worker
  protection against workplace safety and health
  hazards.

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In 1970, the Congress considered annual figures
such as these

• Job related accidents accounted for more than
  14,000 worker deaths
• Nearly 2 1/2 million workers were disabled
• Ten times as many person-days were lost from
  job-related disabilities as from strikes
• Estimated new cases of occupational diseases
  totaled 300,000

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The Act 4

• In 1970 a bipartisan Congress passed the
  Occupational Safety and Health Act of 1970 (the
  Act)
• Under the Act, OSHA was created within the
  Department of Labor.

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Purpose

• .to assure as far as possible every working man
  and woman in the Nation safe and healthful
  working conditions and to preserve our human
  resources

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OSHAs Purpose 5

• Encourage employers and Employees to reduce
  workplace hazards and to implement new or improve
  existing safety and health programs
• Provide for research in occupational safety and
  health and to develop innovative ways of dealing
  with occupational safety and health problems

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OSHAs Purpose 6

• Establish separate but dependent
  responsibilities and rights for employers and
  employees for achievement of better safety and
  health conditions
• Maintain a reporting and record-keeping system to
  monitor job-related injuries and illnesses

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OSHAs Purpose 7

• Establish training programs to increase the
  number and competence of occupational safety and
  health personnel
• Develop mandatory job safety and health standards
  and enforce them effectively
• Provide for the development, analysis, evaluation
  and approval of state OSH programs

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OSH Acts Coverage

• Extends to all employers and their employees in
  the 50 states, District of Columbia, Puerto Rico,
  and all other territories under Federal
  Government jurisdiction
• Coverage provided either directly by federal OSHA
  or through an OSHA-approved state program
• Employer defined as any "person engaged in a
  business affecting commerce who has employees,
  but does not include the United States (except
  for the U.S. Postal Service) or any State or
  political subdivision of a State"

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Standards

• OSHA is responsible for promulgating legally
  enforceable standards
• Where OSHA has not promulgated specific
  standards, employers are responsible for
  following the Act's General Duty Clause
• States with OSHA-approved programs must set
  standards at least as effective as federal
  standards

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Standards Development

• OSHA can begin standards-setting procedures on
  its own, or in response to petitions from other
  parties, including
• Secretary of Health and Human Services (HHS)
• National Institute for Occupational Safety and
  Health (NIOSH)
• State and local governments
• Nationally recognized standards producing
  organizations
• Employer or labor representatives
• Any other interested person

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Standards Adoption

• Advance Notice of Proposed Rulemaking (Optional)
• Notice of Proposed Rulemaking
• terms of new rule
• provide specific time (30 days min.) for public
  to respond
• Public hearing (may be requested by interested
  parties)
• Final rule published in Federal Register

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General Duty Clause 5(a)(1)

• The OSH Act has a broad general duty clause
  requiring all employers to furnish a workplace
  free from recognized hazards that are causing or
  likely to cause death or serious physical harm.

14
General Duty Clause

• The general duty clause is meant to apply when a
  recognized hazard exists, for which there is not
  (or not yet) a precise standard. In other words,
  an unsafe condition not covered by one of OSHAs
  specific standards is understood to be covered by
  the general duty clause.

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Workplace Inspections

• To enforce standards, OSHA is authorized under
  the Act to conduct workplace inspections.
• To enter without delay and at reasonable times
  any facility where work is performed by an
  employee or employer. . .
• Inspect and investigate during regular working
  hours. . .

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OSHA Inspection Priorities

• Imminent Danger Any condition where there is
  reasonable certainty that a danger exists that
  can be expected to cause death or serious
  physical immediately
• Catastrophes and Fatal Accidents Investigation
  of fatalities and catastrophes resulting in
  hospitalization of three or more employees. These
  types of accidents must be reported to OSHA
  within 8-hours.

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OSHA Inspection Priorities

• Employee Complaints The Act gives each employee
  the right to request an OSHA inspection when the
  employee feel that he/she is in imminent danger
  from a hazard or when he/she feels that there is
  a violation of an OSHA standard that threatens
  physical harm.
• LEP/NEP High Hazard Workplaces

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Inspection Process

• The presentation of the Inspectors Credentials
  The inspector must present his or her credentials
  upon arrival upon a site for inspection.
  Employers should always insist upon seeing the
  compliance officers credentials.

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Inspection Process

• Opening Conference
• In the opening conference, the compliance
  officer (CSHO) explains why the establishment was
  selected.
• The CSHO explains the purpose of the visit and
  the scope of the inspection. The employer may be
  given a copy of any employee complaint that may
  be involved. Confidentially will be kept upon
  request.

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Inspection Process

• Inspection Tour
• The CHSO and an employee representative will
  proceed through the facility, inspecting work
  areas for compliance.
• The route and duration are determined by the
  CHSO.
• Trade secrets observed will be kept confidential
• Employees will be consulted during the inspection
  tour
• Photographs and Video May be taken

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Inspection Process

• Inspection Tour (Cont'd)
• Posting and Record-keeping are checked
• During the course of the inspection the CHSO will
  point out any unsafe or unhealthful working
  conditions observed
• The CHSO will also discuss possible corrective
  action if the employer so desires

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Inspection Process

• Closing Conference
• This is the time for free discussion of problems
  and needs and a time for frank questions and
  answers
• The CHSO discusses all unsafe or unhealthful
  conditions and indicates all apparent violations
  for which a citation may be issued or recommended

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Citations and Penalties

• After the CHSO reports findings, the Area
  Director determines what citations, if any will
  be issued, and what penalties, if any will be
  issued.

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Citations

• Citations inform the employer and employees of
  regulations and standards alleged to have been
  violated and of the proposed length of time set
  for their abatement.
• The employer will receive citations and notices
  of proposed penalties by certified mail.
• The employer must post a copy of each citation at
  or near a place a violation occurred, for three
  days or until the violated is abated, whichever
  is longer.

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Penalties

• De Minimus
• No penalty or citation issued.

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Penalties

• Other than Serious Violation
• A violation that has direct relationship to job
  safety and health, but probably would not cause
  death or serious physical harm.
• A proposed penalty of up to 7000.00 for each
  violation is discretionary and may be adjusted
  downward by as much as 95, depending upon the
  employers good faith, history of previous
  violations and size of business

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Penalties

• Serious Violation
• A violation where there is substantial
  probability that death or serious physical harm
  could result and that the employer knew, or
  should have known, of the hazard. A mandatory
  penalty of up to 7000.00 for each violation is
  proposed. This penalty may be adjusted downward
  based on the previous reasons.

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Penalties

• Willful Violation
• A violation that the employer knowingly commits
  or commits with plain indifference to the law.
  Penalties of up to 70,000 may be proposed for
  each willful violation with a minimum penalty of
  5000 for each violation. A proposed penalty may
  be adjusted downward.

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Willful Violation Penalty

• If an employer is convicted of a willful
  violation of a standard that has resulted in the
  death of an employee, the offense is punishable
  by a court-imposed fine or by imprisonment for up
  to six months, or both. A fine of up to 250,000
  for an individual, or 500,000 for a corporation,
  may be imposed for a criminal conviction.

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Penalties

• Repeated Violation
• A violation of any standard, regulation rule, or
  order where, upon re-inspection, a substantially
  similar violation can bring a fine of up to
  70,000 for each such violation

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Penalties

• Failure to Abate Prior Violation
• Failure to abate a prior violation may bring a
  civil penalty of up to 7,000 for each day the
  violation continues beyond the prescribed
  abatement date.

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Penalties

• Additional violations for which citations and
  proposed penalties may be issued upon conviction
• Falsifying records, reports or applications can
  bring a fine of 10,000 or up to six months in
  jail.
• Violations of posting requirements can bring a
  civil penalty of up to 7,000

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Criminal Penalties

• In addition to civil penalties, the following may
  result in criminal penalties
• Willful violation causing death
• Giving unauthorized, advance notice of an
  inspection
• Giving false information
• Killing, assaulting or hampering the work of an
  OSHA inspector

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Criminal Penalties

• OSHA itself does not have the authority to bring
  criminal cases, but must refer a case to the
  Justice Department for prosecution. In recent
  years, this has happened more frequently, and in
  several cases, employers have received jail
  sentences.

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Employers Rights and Responsibilities

• Citations must be posted for 3 working days or
  until the violation is corrected.
• Must be posted at or near the place where each
  violation occurred

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Employers Rights and Responsibilities

• Employers options upon receipt of citations
• If you agree with the citations, you must correct
  the violations and pay any penalties.
• If you do not agree you have 15 working days to
  contest in writing the
• Citation, Penalty, and/or the abatement dates

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Informal Conference

• Within 15 working days
• Gives the employer an opportunity to resolve
  issues with penalties and citations without going
  to court.

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Antidiscrimination Provisions

• The OSH Act prohibits employment retaliation
  against an employee who complains to an employer,
  files a complaint, initiates a proceeding,
  contests an abatement date, requests information
  from OSHA or testifies under the Act. In certain
  circumstances, an employee may refuse to work
  under seriously threatening health or safety
  conditions.