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Introduction To OSHAThird Shift Poultry Worker Train-The-

Trainer

Paul Schlumper, P.E., CSP

Georgia Tech Research Institute

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Introduction to OSHA

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Need for Legislation

In 1970, Congress considered these annual figures:

Job-related accidents accounted for more than 14,000 worker deaths

Nearly 2-1/2 million workers were disabled Estimated new cases of occupational diseases

totaled 300,000

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Is there a need for OSHA Today?

• About 6,000 deaths from workplace injuries

• An estimated 50,000 deaths from illnesses cause by workplace exposures

• 6 million non-fatal workplace injuries

• Injuries alone cost U.S. businesses more than $125 billion

Each year...

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Do we need OSHA?

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Has OSHA made a difference?

• Cut the work-related fatality rate in half

• Reduced overall injury and illness rates in industries where OSHA concentrated its attention

• Virtually eliminated brown lung disease in the textile industry, and

• Reduced trenching and excavation fatalities by 35 percent

YES!

Since 1970 OSHA has:

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What is OSHA?

•Occupational Safety

and Health Administration

• Responsible for worker safety and health protection

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Statistics

• 1971 – 14,000 Work-related fatalities

56 million workers

3.5 million workplaces

• 2001 – 5,900 Work-related fatalities

114 million workers

7 million workplaces

• 2004 – 5,703 Work-related fatalities

115 million workers

7.2 million workplaces

Fatalities have been reduced by 59%

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OSH Act of 1970

PURPOSE:

" . . . to assure so 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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OSHA's Purpose

Encourage employers and employees to reduce workplace hazards and implement new or improve existing S&H programs

Provide for research in occupational S&H Maintain a reporting and recordkeeping

system to monitor job-related injuries and illnesses

Establish occupational S&H training programs Develop and enforce mandatory job S&H

standards Provide for development and approval of state

occupational S&H programs

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The Act's 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“

Does not cover the self-employed or immediate members of farm families that do not employ outside workers

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Federal Employees

Federal agency heads must operate comprehensive occupational S&H programs to ensure compliance with OSHA standards

OSHA cannot impose monetary penalties against another federal agency

Compliance issues at local level are raised to higher organizational levels until resolved

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State and Local Governments

OSHA provisions do not apply to state and local governments in their role as employers

Any state seeking OSHA approval for its own S&H program must provide coverage for these employees

State plans may also cover only public sector employees

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What does OSHA require?

• Determine which OSHA standards apply to your workplace

• Follow the OSHA standards and requirements

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What are employers’ rightsand responsibilities?

• Employers must provide a safe and healthful workplace free of recognized hazards and follow the OSHA standards

• The OSH Act grants employers important rights, particularly during and after an OSHA inspection

• Employers also provide training, medical examinations and recordkeeping

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What are workers’ responsibilities?

• Read the OSHA poster

• Follow the employer’s safety and health rules and wear or use all required gear and equipment

• Follow safe work practices for your job, as directed by your employer

• Report hazardous conditions to a supervisor or safety committee

• Report hazardous conditions to OSHA, if employers do not fix them

• Cooperate with OSHA inspectors

(see OSHA’s Workers’ web page for more information)

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What are workers’ rights?

• Workers have a vital role to play in identifying and correcting problems in their workplaces, working with their employers whenever possible

• Workers can complain to OSHA about workplace conditions threatening their health or safety in person, by telephone, by fax, by mail or electronically through OSHA’s web site

• Section 11(c) of the OSH Act gives workers the right to seek safe and healthful conditions on the job without being disciplined or fired

(see OSHA’s Workers’ web page for more information)

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OSHA’s Workers’ Page

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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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General Duty Clause

Each employer "shall furnish . . . a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

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Categories of Standards

General Industry

Construction

Maritime

Agriculture

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Where to Get OSHA Standards

• Federal Register in public libraries or at the GPO web site

• CD-ROM subscription through U.S. Government Printing Office (GPO)

• Code of Federal Regulations (CFR) in public libraries and through GPO

• OSHA web site - OSHA standards, interpretations, directives (www.osha.gov)

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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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Emergency Temporary Standard (ETS)

OSHA is authorized to set an ETS that takes effect immediately if OSHA determines that:

• Workers are in grave danger due to exposure to toxic or physically harmful substances

• ETS is needed to protect them ETS is published in Federal Register, where it

also serves as a proposed permanent standard ETS then subject to usual procedure for

adopting a permanent standard except that a final ruling must be made within six months

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Appealing a Standard

Any person who may be adversely affected by a final or emergency standard may file a petition (within 60 days of the rule's promulgation) for judicial review with the U.S. Court of Appeals.

Appeals petition will not delay enforcement of a standard, unless the Court of Appeals specifically orders it.

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Temporary variance may be granted to an employer who cannot comply with a standard by its effective date due to unavailability of personnel, materials or equipment, or because necessary construction or alteration of facilities cannot be completed in

time.Permanent variance (alternative to a particular

requirement or standard) may be granted to employers who prove their abatement plan will

provide a safe and healthful workplace as effectively as would compliance with the standard.

Variances

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Recordkeeping and Reporting

Employers of 11 or more employees must maintain records of occupational injuries and illnesses as they occur.

Employers with 10 or fewer employees are exempt from recordkeeping unless selected by BLS to participate in the Annual Survey.

Certain low-hazard employers (e.g., retail trade, finance, insurance, real estate) are not required to keep records.

All employers must comply with OSHA standards, display the OSHA poster, and report to OSHA within 8 hours any accident that results in a fatality or hospitalization of 3 or more employees.

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Recordkeeping Forms

• Maintained on a calendar year basis

• Must be maintained for 5 years at the establishment and be available for inspection

• Summary of records for the previous year must be posted from February through April

Must be certified by the highest ranking official working at the establishment.

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Workplace Inspections

• Every establishment covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers (CSHO's)

• Most inspections are conducted without advance notice

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Inspection Priorities

1. Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures)

2. Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees)

3. Employee Complaints/Referrals

4. Programmed High-Hazard Inspections

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Inspection Process

• CSHO displays official credentials

• Opening conference

• Walkaround inspection

• Closing conference

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Conducting the Walkaround Inspection

• CSHO and accompanying representatives (employer and employee) inspect the establishment for potentially hazardous working conditions

• CSHO discusses possible corrective actions with the employer

• CSHO may consult, at times privately, with employees

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What happens after an OSHA inspection?

• OSHA may or may not issue citations

• Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement

• Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer

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Citations and Penalties

After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed

Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement

Citations and notices of proposed penalties are sent by certified mail

Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation abated, whichever is longer

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Types of Violations

Other Than Serious

Serious

Willful

Repeated

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Other Than Serious Violation

Violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm

Penalty of up to $7,000 is discretionary

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Serious Violation

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

Penalty of up to $7,000 is mandatory

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Willful Violation

An intentional violation of the Act or plain indifference to its requirements

Penalties of up to $70,000, with a minimum penalty of $5,000 for each violation

If violation results in death of an employee, a fine up to $250,000 for an individual, or $500,000 for a corporation, and/or imprisonment for up to six months may be imposed for a criminal conviction

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Repeated Violation

Substantially similar violation found upon reinspection

Penalties of up to $70,000 for each violation

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Additional Violations Falsifying records, reports or applications can

bring a fine of $10,000 or up to 6 months in jail, or both.

Violations of posting requirements can bring a penalty up to $7,000.

Assaulting a compliance officer or interfering with their duties is a criminal offense, subject to fine of not more than $5,000 and imprisonment for not more than 3 years.

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Failure to Abate

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

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Appeals by Employees

If an inspection was initiated by employee complaint, employee or authorized representative may request an informal review of any decision not to issue a citation

Employees may not contest citations, amendments to citations, penalties or lack of penalties

May contest time for abatement May also contest employer's Petition for

Modification of Abatement (PMA), which requests an extension of the abatement period

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Appeals by Employers

When issued a citation or notice of proposed penalty, employer may request an informal meeting with OSHA's area director, who is authorized to enter into settlement agreement

Employer may request an extension of abatement period through a PMA

Employers may contest either the citation, abatement period, or proposed penalty within 15 working days of receipt through a written "Notice of Contest"

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OSHA-Approved State Programs

OSH Act encourages states to develop and operate, under OSHA guidance, state job S&H plans

OSHA funds up to 50 percent of approved program's cost

Must be at least as effective as the federal program

Must cover state and local government employees

May limit coverage to public sector Must keep pace with federal standards

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Strategic Management Plan

• Goal 1: Reduce occupational hazards through direct intervention

• Goal 2: Promote a safety and health culture through compliance assistance, cooperative programs, and strong leadership

• Goal 3: Maximize OSHA effectiveness and efficiency by strengthening our capabilities and infrastructure

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OSHA’s Strategic Management Plan

• By 2008 reduce the rates of workplace fatalities by 15% and workplace injuries and illnesses by 20%

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Region IV and National Emphasis Programs

Of 38,579 inspections conducted by OSHA in FY06, 18,895 were related to LEP’s

• Falls in Construction

• Overhead Power Lines

• Landscaping

• Sanitation in Meatpacking, Poultry and Fish Processing

• Power Industrial Trucks

• Amputations in Construction and Manufacturing

• Silica

• National Emphasis Program on Trenching

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Most Frequently Cited Serious Violations in General Industry FY 2006

1418

1155

733

689

645

589

572

564

556

522

212(a)(1) - O

1200(e)(1) - Z

212(a)(3)(ii) - O

23(c)(1) - D

1200(h)(1) - Z

151(c) - K

147(c)(1) - J

215(b)(9) - O

147(c)(4)(i) - J

305(b)(1) - S

Sta

nd

ard

& S

ub

pa

rt:

19

10

.

Machine Guards - General

Eye & Body Flushing Facilities

Point of Operation

Open-Sided Floors

Conductors Entering Cabinets/Boxes/Fittings Protected from Abrasion

Lockout/Tagout - Program

Grinders-Tongue Guards

Hazard Communication – Information & Training

Note: There were also 1222 Section 5(a)(1) General Duty Clause violations cited for all inspections during this period.

Lockout/Tagout - Procedures

Hazard Communication – Written Program

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1887

1733

1433

1321

1178

1079

1069

1022

1007

823

501(b)(13) - M

501(b)(1) - M

100(a) - E

451(g)(1) - L

503(a)(1) - M

453(b)(2)(v) - L

451(e)(1) - L

451(b)(1) - L

1053(b)(1) - X

21(b)(2) - C

Most Frequently Cited Serious Violationsin Construction – FY 2006

Fall hazards training program

Head protection

Scaffolds - Platform construction

Employee training programs

Aerial lifts – Body belt & lanyard

Scaffolds - Fall protection

Fall protection - Unprotected sides & edges

Fall protection – Residential construction 6’ or more

Portable ladders 3 feet above landing surface

Scaffolds - Access

Sta

nd

ard

& S

ub

part

- 1

926.

--

There were also 362 Section 5(a)(1) violations cited in construction SIC codes (1500 – 1799) during this period.

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Sources of Assistance

• OSHA web site (www.osha.gov)

• Consultation assistance

• Federal and State area offices

• Speakers, publications, a/v aids, technical advice

• Training and education

• OSHA Training Institute (OTI) and the OTI Education Centers

• OSHA Outreach Training Program

• OSHA Office of General Industry Compliance Assistance

• OSHA Office of State Programs

• Voluntary Protection Programs

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Consultation Assistance

Largely funded by OSHA, provided at no cost to employer

Primarily developed for smaller employers with more hazardous operations

Delivered by state government agencies or universities employing professional safety and health consultants

No penalties are proposed or citations issued Possible violations of OSHA standards are not

reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger

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Consultation Assistance

• Provided at no cost to employer

• Developed for smaller employers with more hazardous operations

• Delivered by state government agencies or universities employing professional safety and health consultants

• No penalties are proposed or citations issued

• Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger

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Voluntary Protection Programs (VPPs)

Cooperative approach to expand worker protection

Three VPPs - Star, Merit, and Demonstration - designed to:

• Recognize outstanding S&H programs• Motivate others to achieve similar excellent

S&H results• Establish cooperative relationship among

employers, employees, and OSHA

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Training and Education

OSHA's area offices are full-service centers offering speakers, publications, audiovisual aids on workplace hazards, and technical advice.

OSHA Training Institute (OTI) in Des Plaines, IL, provides training and education in safety and health for federal and state compliance officers, state consultants, other federal agencies, and the private sector.

OTI Education Centers conduct courses for the private sector and other Federal agencies

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Sources of Reference

• www.osha.gov

E-tools, standards, presentations, etc.

• www.oshainfo.gatech.edu

Free, on-site safety and health consultation

Completely confidential from OSHA

• www.ProjectSafeGeorgia.org

Assistance for small businesses

• www.asse-ga.org

Trench safety task force

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Ergonomics page

• Guidelines

• E-Tools

• Success Stories

OSHA Websitehttp://www.osha.gov

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OSHA Web Site(www.osha.gov)

• About OSHA (contacts, programs . . .)

• Events (conferences, hearings . . .)

• Library/Reading Room (statistics . . .)

• News Room (publications, news releases . . .)

• Outreach (technical links, training . . .)

• Regulations & Compliance (standards . . .)

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• Training Materials

• OTI Courses

• Safety Consultation

Georgia Techhttp://www.oshainfo.gatech.edu

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OSHA Emergency Hot-Line1-800-321-OSHA

• Hot-line for reporting workplace safety or health emergencies

• Provides a 24-hour point of contact to report imminent dangers on the job

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Summary

• OSHA helps save lives and prevent injuries

• OSHA balances a cooperative approach with traditional enforcement

• OSHA standards are the enforceable requirements for worker safety and health

• Inspections are OSHA’s way to ensure compliance

• OSHA offers various means of assistance

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What does the worker need to know from this presentation?