All About TOSHA

Basic Information About Tennessee OSHA

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.

SAVING LIVES

PREVENTING INJURIES AND ILLNESSES

PROTECTING THE HEALTH OF TENNESSEE WORKERS

TOSHA’sPurpose

TOSHA History

Congress Passed OSH Act in 1970OSHA was created within the

Department of LaborAllowed states to run their own OSHA

programsTennessee assumed OSH responsibility

in 1972Public Sector program established in

1974Final Tennessee state plan approved by

Federal OSHA in 1985

President Nixon Signs the Occupational Safety and Health Act Into Law

State Plan States

Alaska Arizona California ConnecticutHawaii Indiana Iowa KentuckyMaryland Michigan Minnesota NevadaNew Jersey New Mexico New York N. CarolinaOregon Puerto Rico S. Carolina Tennessee Utah Vermont Virgin Isl. VirginiaWashington Wyoming

Connecticut, New Jersey, and New York are public

sector only

TOSHA Offices

Scope

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

Employer’s 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 inspection4. May participate in standards development5. Are entitled to review citations issued6. May seek a variance to a standard7. Are entitled to protection of trade secrets

Employee’s Rights And Duties

1. Must comply with TOSHA standards/regulations

2. Can request an inspection3. 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

Standards

Title Part29 CFR 1910 General Industry*29 CFR 1926 Construction*29 CFR 1928 Agriculture*29 CFR 1915 Shipyard Employment29 CFR 1917 Marine Terminals 29 CFR 1918 Longshoring*Enforced by TOSHA Enforced by Federal OSHA

Differences Between TOSHA and OSHA

Most TOSHA standards and regulations are the same as Federal OSHA’s (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

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

Differences Between TOSHA and OSHA

Tennessee’s 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

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

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.

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 harm4) A feasible & useful method of abatement

Inspections

All inspections are unannouncedScheduling Priority

Imminent Danger Fatalities/Catastrophes Complaints/Referrals Programmed Inspection Special Emphasis Programs/ Targeting

Initiatives

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

Inspections

Compliance officer shows credentialsOpening conference is held

Employer representative participates Employee representative participates

Walkaround is conductedClosing conference is heldReturn for air or noise sampling may be

necessaryDuration may be 1 day-6 months

Citations

Issued for all apparent violations of TOSHA standards and regulations

Issued for first incidence of violationsOften are accompanied by monetary

penaltiesIssued within 6 months (usually less)

of the violationArrive by certified mail (return receipt)

TOSHA’s Penalty Structure

Type of Violation Maximum PenaltySerious/Other than Serious $7,000/$1,000

Willful $70,000Repeated $70,000

Failure to Abate $7,000 per day

Penalty Adjustment FactorsThese 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%

Appeal—Level 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)

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

Further Appeals

Chancery Court-Davidson CountyState Court of AppealsState Supreme Court

Required Postings

“It’s The Law” PosterCitationsNotice of Informal ConferenceOSHA 300A Form

Recognition Programs

Volunteer STAR AwardSHARP AwardGovernor’s AwardCommissioner’s Award

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

Volunteer STAR Criteria

Management Leadership And

Employee Involvement

Worksite Analysis

Hazard Prevention And Control

Safety And Health Training

SHARP

S - SafetyH - HealthA - AchievementR - RecognitionP - Program

SHARP

Open to smaller companies with limited resources

Must make a commitment to significant safety and health improvement in the workplace

Governor’s/Commissioner’s Award of Excellence

Open to manufacturing and construction firms

Commissioner’s Award No lost time injuries or illnesses*

Governor’s Award No lost time or restricted/transferred

duty injuries or illnesses**Based on worker-hours worked

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

Consultative Services

No CostNo CitationsNo PenaltiesEmployer Must Agree To Correct

HazardsCall 1-800-325-9901

Call TOSHA

Memphis Office 901-543-7259 Jackson Office 731-423-5641Nashville Office 615-741-2793

1-800-249-8510Knoxville Office 865-594-6180Kingsport Office 423-224-2042Chattanooga 423-634-6424Consultative Services 1-800-325-9901

Web Resources

Federal OSHA www.osha.gov

TOSHAwww.tennessee.gov/labor-wfd/tosha

Centers for Disease Controlwww.cdc.gov

National Institute of Occupational Safety and Health

www.cdc.gov/niosh