My Class

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IE 419 Work Design Productivity and
Safety Dr. Andris Freivalds Class 28
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Specific Provisions

1. Waiting period
2. wages covered
3. Maximum period covered
4. Notice given quickly

Most cases settled directly, quickly Tradeoff!!
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Companys Goal - ? Costs

• Correct classification
• Conduct payroll audit
• Use a deductible
• Check your mod ratio
• Change risk pool
• Implement a safety program
• Get workers back quickly
• Medical management

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Other Workers Comp Issues

• 3rd party liability
• Proposed changes
• Disparity between states
• Compulsory coverage for all
• Reciprocity
• Occupational diseases (non-accident)
• Minimum total benefits
• Survivor benefits
• Choice of physician

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OSHA - Why Needed?

• 14,000 workplace deaths/year
• 2.5 million workers disabled/year
• 300,000 new occupation disorders/year
• An accident every 19 seconds!
• State laws poorly enforced
• State budgets very low

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OSHA

• Occupational Safety Health Act
• AKA Williams-Steiger Act, Dec. 19, 1970
• Purpose
• To reduce occupational injuries and deaths
• To assure safe and healthy working conditions
  for working men and women
• Occupational Safety Health Administration

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OSHAct Objectives

• Encourage employers to ? hazards
• Establish training programs
• Monitor job-related injuries through reporting
• Provide research facilities funds
• Establish mandatory standards
• Establish an enforcement program
• Provide for and monitor state programs

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States Rights Responsibilities

• OSHA passed to reform inadequate state laws
• However states can still maintain control
• State plan must be more effective
• If not, OSHA takes precedence
• California, North Carolina have state plans and
  are trend setters
• Pennsylvania does not have state plan

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Employer Responsibilities

• General Duty Clause (preamble) 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
• Comply with OSHA standards
• Record of work-related injuries (Form 300)
• Notify employees of OSHA legal provisions
• Cannot discriminate against employees who file
  complaint

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Employee Responsibilities

• Follow company rules and regulations
• Read OSHA posters
• Comply with OSHA standards
• Use PPE
• Report hazards
• Report injuries

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Employee Rights

• Complain about safety/health hazards
• File grievances
• Participate in workplace safety committees
• Participate in OSHA inspections
• Receive safety training
• Anonymously request OSHA inspection
• Be informed of OSHA info, new standards
• Be told of exposure to hazardous materials

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OSHA Administration (DOL)
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Other Agencies

• National Institute for Occupational Safety and
  Health (NIOSH) (DirectorJohn Howard)
• Dept. of Health, Human Services
• Education, research, new standards
• Mine Safety Health Administration
• Occupational Safety Health Review Commission
  (OSHRC)
• Quasi-judicial board of 3 judges
• Appointed by President
• Reviews contested cases, adjudicates fines

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Inspections

• To ensure compliance with standards
• Priorities
• Imminent danger or investigation of fatality or
  catastrophic event (must be reported in 48 hrs)
• Valid complaint received from employee
• High-hazard industries
• Follow-up inspections
• General inspections

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Inspection Procedures

• Entry during normal working hours
• Can be unannounced, presents credentials
• But employer may deny, then search warrant
• No entry during strike
• Opening conference management, union
• Walk around also 300 logs
• Closing conference discuss hazards, penalties,
  right to appeal

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Violations

• Imminent danger death or serious injury
• Serious violation probability of above,
  employer should have known
• Nonserious violation perhaps some injury (not
  serious), employer didnt know
• De minimis no direct relationship to standards
  or safety/health
• Willful/repeated violation employer knowingly
  or intentionally violated act, made no effort to
  correct, repeated

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Penalties (per instance)
Violation Max Penalty
De minimis none
Non-serious 7,000
Serious 7,000
Imminent danger Shutdown
Failure to correct 7,000/day
Failure to post info 7,000/act
Failure to report death (gt48 h) 7,000
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Penalties (Willful/repeat)
Violation Max Penalty
Willful, no death 70,000
Willful, repeat, no death 10,000, 6 months jail
Willful, repeat, death 20,000, 1 yr jail
Warns company 1,000, 6 months jail
Gives false information 10,000, 6 months jail
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Most Frequent OSHA Citations
29 CFR Standard Subject
1910.1200 HazCom Written program 2,944
1910.1200 HazCom Training 1,601
1910.212 Mach guard Methods (lack of) 1,542
1926.501 Fall protection Unprotected sides 1,485
1910.100 Head protection Helmets (lack of) 1,291
1904.2 Recordkeeping OSHA logs 1,087
1910.215 Abrasive wheels Guards (lack of) 1,054
1926.21 Safety training Worker instruction 1,030
1910.151 First Aid Drench facilities 1,010
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Leading Work-Related Diseases

• Occupational lung diseases
• Musculoskeletal injuries
• Occupational cancers
• Severe traumatic injuries
• Cardiovascular diseases
• Reproductive disorders
• Neurotoxic disorders
• Noise induced hearing loss
• Dermatological conditions
• Psychological disorders

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Penalty Reduction

• Size of business
• 1-25 employees ? 60
• 25-100 employees ? 40
• 100-250 employees ? 20
• Good faith ? 20
• Good record ? 10

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Right to Appeal

• Employer can appeal citation (notice of contest)
  with area director (lt 15 days)
• Posts notice in plant, copy sent to union
• OSHA notifies employer whether appeal to be heard
• Sent to OSHRC for decision
• Case assigned to judge, hearing held
• Both sides present, OSHRC decides
• Employer can go to U.S. Court of Appeals

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Standards Regulations

• Standards address specific hazards
• Specification detailed technical description
• Performance recommended methods
• Horizontal apply to a wide variety of jobs
• Vertical specific to one industry
• Regulations more generic and dont apply to
  specific hazards

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OSHA Standards

• OSHA can adopt, amends, review
• Publish intentions in Federal Register
• Explain details
• Hold public hearings
• Final text, effective data
• Ergonomics standard
• Temporary emergency standards (rush, avoid above
  for imminent danger)
• General duty clause

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Employer Considerations

• Impact small vs. large companies
• Impact cost vs. savings on insurance
• OSHA consultation
• Confidentiality
• Requirement to correct
• Star Initiative
• Voluntary Protection Program