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OSHA

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OSHA February 16, 2011 OSHAct Signed by President Nixon 12/1970 after legislative efforts begun by President Johnson in 1966 To assure safe and healthful working ... – PowerPoint PPT presentation

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Title: OSHA


1
OSHA
  • February 16, 2011

2
OSHAct
  • Signed by President Nixon 12/1970 after
    legislative efforts begun by President Johnson in
    1966
  • To assure safe and healthful working conditions
  • Set standards, enforcement, training, educate,
    compliance assistance, research, etc.

3
OSHAct History
  • State factory safety and health laws
  • First in Massachusetts (1877) and then in several
    other states
  • Required inspectors with varied authority
  • Dealt with issues such as machine guarding, fire
    exits, etc.
  • Piecemeal and state-by-state

4
OSHA
  • 1972
  • Worker injuries/illnesses
  • 10.9 per 100 workers
  • 1970
  • Worker deaths
  • 14,000
  • 2009
  • Worker injuries/illnesses
  • 3.6 per 100 workers
  • 2008
  • Worker deaths
  • 5,214

5
OSHAct History
  • Workplace tragedies impacts include
  • Mining disaster in1907 in Monongah, West Virginia
    where 362 coal miners were killed led to creation
    of US Bureau of Mines in 1910
  • Triangle Shirtwaist factory fire in New York in
    1911 resulting in 146 garment worker deaths led
    to state level changes
  • Mining disaster in 1968 in Farmington, West
    Virginia where 68 miners were killed led to
    passage of the Coal Mine Health and Safety Act in
    1969

6
OSHAct History
  • Establishment of workers compensation laws
    (first in Wisconsin in 1911 and by 1921 most
    states had enacted such programs)
  • Development of state industrial commissions to
    develop and enforce safety and health regulations

7
OSHAct History
  • US Department of Labor created in 1913 and it
    compiled industrial accident statistics
  • Bureau of Labor Standards created in 1934
  • Social Security Act of 1935
  • Fair Labor Standards Act of 1938
  • Walsh-Healey Public Contracts Act of 1936
  • Longshoremens and Harbor Workers Compensation
    Act amendments in 1958
  • DOL issued mandatory health and safety guidelines
    under Walsh-Healey Act in 1960
  • Public Health Service report Protecting the
    Health of Eighty Million Americans in 1965

8
OSHA
  • Created 3 federal agencies
  • OSHA
  • NIOSH
  • OSH Review Commission

9
OSHA
  • Reduction in workplace injuries and deaths
  • Coverage
  • Federal and state plans

10
OSHA
  • OSHAct Employers
  • Employers shall comply with occupational safety
    and health standards promulgated under this Act
  • Employers are subject to General Duty Clause

11
OSHA
  • OSHAct Employees
  • Employees shall comply with occupational safety
    and health standards and all rules, regulations,
    and orders issued pursuant to this Act which are
    applicable to his own actions and conduct
  • Employee right to refuse dangerous work under
    certain conditions
  • Employees are not cited

12
OSHA
  • Standard Setting
  • Initial standard setting (using available
    national standards)
  • Subsequent standard setting
  • Emergency standard setting (grave danger)

13
OSHA
  • Standard Setting
  • Types of standards
  • General Industry
  • Construction
  • Maritime
  • Agriculture

14
OSHA
  • Standard Setting
  • Applies to new, modification, revocation
  • Can begin internally or from outside request
  • May request advisory input
  • Publish advanced notice/proposed rules in Fedreal
    Register with opportunity for public input
  • Issue rule or determine rule not issued

15
OSHA
  • Standard Setting
  • For toxic materials or harmful physical agents
  • shall set the standard which most adequately
    assures, to the extent feasible, on the basis of
    the best available evidence, that no employee
    will suffer material impairment of health or
    functional capacity even if such employee has
    regular exposure to the hazard .. for the period
    of his working life.

16
OSHA
  • Standards
  • Can be specification or performance-based
  • Typical components include exposure limits,
    control technology, medical examinations,
    labels/warnings, training/education, monitoring,
    etc.

17
OSHA
  • Bases for Standard Challenges include
  • Standard setting process not followed
  • Technical feasibility
  • Economic feasibility
  • Benefit to worker safety/health not proven

18
OSHA
  • Variances
  • Interpretations
  • Enforcement Directives

19
OSHA
  • Standards (29 CFR 1910)
  • Multiples types including personal protective
    equipment, scaffolds, fall protection, noise,
    ventilation, hazardous materials, confined
    spaces, lockout/tagout, fire protection,
    machinery, electrical, toxic and hazardous
    substances, hazard communication, etc.

20
OSHA
  • Standard Setting Examples
  • Bloodborne Pathogens
  • Indoor Air Quality
  • Air Contaminants
  • Ergonomics

21
OSHA
  • General Duty Clause
  • Applies when no specific standard applies
  • 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

22
OSHA
  • General Duty Clause Violations
  • Failure to keep workplace free of hazard
  • Hazard recognized by employer or employers
    industry
  • Recognized hazard causing or likely to cause
    death or serious physical harm
  • Feasible means to eliminate or materially reduce
    hazard

23
OSHA
  • Enforcement activities
  • Programmed/Unprogrammed Inspections (ex. Severe
    Violator Enforcement Program, Local Emphasis
    Programs, etc.)
  • Citations
  • Criminal Prosecutions (DOJ)
  • Whistleblower Provisions

24
OSHA
  • www.osha.gov
  • OSHA QuickTakes newsletter
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