Introduction toIntroduction toOSHAOSHA

2-hour Lesson

Handout #2

Lesson OverviewPurpose:• To provide workers with introductory information

about OSHATopics:

1. Why is OSHA important to you?2. What rights do you have under OSHA?3. What responsibilities does your employer have under

OSHA?4. What do the OSHA standards say?5. How are OSHA inspections conducted?6. Where can you go for help?

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Topic 1:

Why is OSHA important to you?

• OSHA began because, until 1970, there were no national laws for safety and health hazards.

• On average, 15 workers die every day from job injuries

• Over 5,600 Americans die from workplace injuries annually

• Over 4 million non-fatal workplace injuries and illnesses are reported

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Topic 1:Why is OSHA Important to You?

• OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor

• OSHA’s responsibility is worker safety and health protection

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On December 29, 1970, President Nixon signed the OSH Act

This Act created OSHA, the agency, which formally came into being on April 28, 1971

History of OSHA

OSHA’s Mission

• The mission of OSHA is to save lives, prevent injuries and protect the health of America’s workers.

• Some of the things OSHA does to carry out its mission are: – developing job safety and health standards and

enforcing them through worksite inspections,– maintaining a reporting and recordkeeping system to

keep track of job-related injuries and illnesses, and– providing training programs to increase knowledge

about occupational safety and health.

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Is there a need for OSHA?

Is there a need for OSHA?

• Nearly 6,000 workplace fatalities• 50,000 deaths from workplace-related

ILLNESSES• 5.7 million non-fatal workplace injuries• Injuries alone cost U.S. businesses over

$125 billion

Each year...Each year...

Source - OSHA Publication 2056Source - OSHA Publication 2056

http://www.osha.gov

Topic 2

What rights do you have under OSHA?

Topic 2:What Rights Do You Have Under OSHA?

• You have the right to:– A safe and healthful workplace – Know about hazardous chemicals– Information about injuries and illnesses in your workplace – Complain or request hazard correction from employer – Training– Hazard exposure and medical records– File a complaint with OSHA– Participate in an OSHA inspection– Be free from retaliation for exercising safety and health rights

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• The creation of OSHA provided workers the right to a safe and healthful workplace.

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Your Right to…

Section 5(a)(1) of the OSH Act states: “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."

• Employers must have a written, complete hazard communication program that includes information on:

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Your Right to…

Container labeling, Material Safety Data Sheets (MSDSs), and Worker training.

The training must include: The physical and health hazards of

the chemicals; How workers can protect themselves:

including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment.

Handout #3

Need Help?

Effective Dates

• OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses.

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Your Right to…

Workers have the right to review the current log, as well as the logs stored for the past 5 years.

Workers also have the right to view the annually posted summary of the injuries and illnesses (OSHA 300A).

Handout #6

• Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith.

• OSHA regulations [29CFR 1977.9(c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.

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Your Right to…

• Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow.

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Your Right to…

Some required training covers topics such as, lockout-tagout, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, along with a variety of other subjects.

• 1910.1020: right to examine & copy records• Examples of toxic substances and harmful physical

agents are:– Metals and dusts, such as, lead, cadmium, and silica.– Biological agents, such as bacteria, viruses, and fungi.

– Physical stress, such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.

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Your Right to…

• Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace.

• Workers names are not be revealed to the employer.

• If a worker files a complaint, they have the right to find out OSHA’s action on the complaint and request a review if an inspection is not made.

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Your Right to…

• Employee representative can accompany OSHA inspector.

• Workers can talk to the inspector privately.• Workers may point out hazards, describe injuries,

illnesses or near misses that resulted from those hazards and describe any concern you have about a safety or health issue.

• Workers can receive inspection results, abatement measures and may object to dates set for violation to be corrected.

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Your Right to…

• Workers have the right to be free from retaliation for exercising safety and health rights.

• Workers have a right to seek safety and health on the job without fear of punishment.

• This right is spelled out in Section 11(c) of the OSH Act.

• Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights.

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Your Right to…

Handout #4 & #5

Section 11(c)

• No person may be discriminated against for exercising their rights...

– Alleging complaint with employer, union, or Agency.

– Participating in safety and health activities.

• Whistleblower Investigations

Whistleblower Rights

• Section 11(c) of the OSH Act provides protection for employees who exercise rights guaranteed under the Act such as filing a S&H complaint with OSHA, participating in an OSHA inspection, speaking with an OSHA Compliance Officer, etc.

Retaliation Can Include:

Firing/Laying off Blacklisting Demoting Denying overtime or promotion Disciplining Intimidation Failure to hire or rehire Reducing pay or hours

Topic 3:

What Responsibilities Does Your Employer Have Under OSHA?

• Provide a workplace free from recognized hazards and comply with OSHA standards

• Provide training required by OSHA standards• Keep records of injuries and illnesses• Provide medical exams when required by OSHA standards

and provide workers access to their exposure and medical records

• Not discriminate against workers who exercise their rights under the Act (Section 11(c))

• Post OSHA citations and abatement verification notices• Provide and pay for Personal Protective Equipment (PPE)

32Handout #7

Employers are Required to:Employers are Required to:

KEEP RECORDS OF INJURIES AND ILLNESSES

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REPORTING AND RECORDING CHECKLIST

Employers must: Report each worker death Report each incident that hospitalizes 3 or more workers Maintain injury & illness records Inform workers how to report an injury or illness to the

employer Make records available to workers Allow OSHA access to records Post annual summary of injuries & illnesses

Recordkeeping and Reporting

Employers of 11 or more employees must maintain records of occupational injuries and illnesses

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

OSHA RecordkeepingPurpose

To require employers to record and report work-related fatalities, injuries and illnesses

Note: Recording or reporting a work-related injury, illness, or fatality does NOT mean the the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits.

OSHA injury and illness recordkeeping and Workers’ Compensation are independent of each other

1904.7 – General Recording Criteria

• An (WORK RELATED) injury or illness is recordable if it results in one or more of the following:DeathDays away from workRestricted work activityTransfer to another jobMedical treatment beyond first aidSignificant injury or illness diagnosed by a PLHCPLoss of consciousness

Topic 4:

What do the OSHA Standards Say?

Topic 4:What do the OSHA Standards Say?

• OSHA standards fall into four categories: General Industry, Construction, Maritime, and Agriculture.

• OSHA issues standards for a wide variety of workplace hazards

• Where there are no specific OSHA standards, employers must comply with The General Duty Clause, Section 5(a)(1)

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Handout #8

OSHA Standards

• General Industry: 29 CFR 1910

• Construction: 29 CFR 1926

• Maritime: 29 CFR 1915

• Agriculture: 29 CFR 1928

• Regulatory: 29 CFR 1904

Standards divided into Subparts

Click: Most Frequently Cited (MFC) Standards to view current data

To search MFC data on this webpage:• “Select number of employees in

establishment,” select ALL or one of the options listed

• “Federal or State Jurisdiction,” select Federal or, from the dropdown menu, a specific state

• “SIC,” select ALL for all Industry groups, C for Construction, D for Manufacturing (General Industry), or 373 and 449 for Maritime

• Shown are search results for: All sizes of establishments, in Federal jurisdiction, with Construction SIC codes

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Most Frequently Cited StandardsMost Frequently Cited Standards

Top 10 most frequently cited standards in fiscal year 2011

(October 1, 2010 through September 30, 2011):

1.Scaffolding, general requirements, construction (29 CFR 1926.451)

2.Fall protection, construction (29 CFR 1926.501)

3.Hazard communication standard, general industry (29 CFR 1910.1200)

4.Respiratory protection, general industry (29 CFR 1910.134)

5.Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)

6. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)

7. Powered industrial trucks, general industry (29 CFR 1910.178)

8. Ladders, construction (29 CFR 1926.1053)

9. Electrical systems design, general requirements, general industry (29 CFR 1910.303)

10.Machines, general requirements, general industry (29 CFR 1910.212)

Standards which OSHA assessed the highest penalties in fiscal year 2011 (October 1, 2010

through September 30, 2011)

1.Fall protection, construction (29 CFR 1926.501)

2.Scaffolding, general requirements, construction (29 CFR 1926.451)

3.Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)

4.Machines, general requirements, general industry (29 CFR 1910.212)

5.Ladders, construction (29 CFR 1926.1053)

6. Excavations, requirements for protective systems (29 CFR 1926.652)

7. Powered industrial trucks, general industry (29 CFR 1910.178)

8. General duty clause (Section 5(a)(1) of the OSH Act)

9. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)

10.Electrical systems design, general requirements, general industry (29 CFR 1910.303)

Violations OSHA Observes

1926.501(b)(13) Residential Fall Protection

Scaffold fall protection, planking, and access

1926.503(a)(1) Fall Protection Training

1926.501(b)(1) – Fall protection, general

1926.652(a)(1) Cave-in protection

1926.652(a)(1) Cave-in protection

The General Duty Clause.Section 5(a)(1)

Each employer shall furnish a place of employment free of recognizable hazards that are likely to cause serious physical harm.Exposed employeeRecognized hazardEmployer knowledgeFeasible method to abate hazard

Examples5(a)(1) Violations

• Employee standing on defective forklift “platforms”, pallets or the fork blades – ANSI B56.1 or ANSI B56.6 for rough terrain forklifts

• Defective guardrails on “scissor lift” – ANSI / SIA A 92.6

Examples5(a)(1) Violations

• Mobile Crane outriggers set up on unstable planks – ASME B 30.5

• Employee in “swing radius” of Excavator – Equipment Manufacturing Institute

Safety Manual

Examples5(a)(1) Violations

• Employee standing in buckets of skid steer loaders or hydraulic excavators – Equipment Manufacturers Institute (EMI) safety manuals

Topic 5:

How are OSHA inspections conducted?

• The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times.

• OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger)

• In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

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Priority Category of Inspection

1stImminent Danger:Reasonable certainty an immediate danger exists

2ndFatality/Catastrophe:Reported to OSHA; inspected ASAP

3rdComplaints/Referrals:Worker or worker representative can file a complaint about a safety or health hazard

4thProgrammed Inspections:Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

5th Follow up Inspections

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Investigation of Complaints• Non-formal

– Handled by “phone/fax”– Employer investigates and

responds to OSHA– E-mail complaints are considered Non-

Formal– Can be upgraded at Area Office

• Formal– Signed– Inspection conducted

Programmed Inspections

• Emphasis ProgramsNational

Falls, Trench, Silica, Lead, Severe Violators

LocalRoad Construction, Hi-Rise, Rehab,

Tree Trimming, Powered Industrial Vehicles

Inspection Process

• Opening conference Management, Union (Safety Committee)

OSHA Credentials, Reason for Inspection, Procedures, Employer / Employee Rights

• Walk aroundWorkplace Observations, Interviews, Photographs, Injury Logs, Safety Programs, Training Records, Air/Noise Monitoring

• Closing conferenceSummarize Findings, Time for Corrective Actions

After the Inspection

Citations Identify Standard / Posted in Workplace

Multi – Employer WorksitesExposing, Creating, Controlling, Correcting

PenaltiesMandatory if “Serious”

Appeals process – 15 days Informal conferenceContestJudicial review

VIOLATION TYPE PENALTY

WILLFULA violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law.

OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation.

SERIOUSA 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.

There is a mandatory penalty for serious violations which may be up to $7,000.

OTHER-THAN-SERIOUSA violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm.

OSHA may propose a penalty of up to $7,000 for each other-than-serious violation.

REPEATEDA violation that is the same or similar to a previous violation.

OSHA may propose penalties of up to $70,000 for each repeated violation.

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Criminal Prosecution Willful violations of a standard directly related

to a fatality: cases may be prosecuted through the U.S. Attorneys office

Recent Convictions / Jail Sentences Plant Manger – 70 months Human Resource Manager – 41 months Maintenance Supervisor – 30 months Production Supervisor – 6 months

U.S. Code Title 18, Sec 1001 Anyone Knowingly Give False Information, Conceal, Trick,

Scheme… Fined $10,000 and Imprisoned for not more than Five Years

10/2009 – Moline IL – Altering Worksite after Fatality

Affirmative Defense(Employee Misconduct)

Written Safety RuleTools, Equipment, Training,

OpportunityRegular Workplace AuditsEffective Disciplinary Program

Competent Person

Definition – 1926.32(f)

Capable of identifying existing, predictable hazards

Authority to take Prompt Corrective Action

What is OSHA really looking for?

•Effective Safety and Health Programs

Effective Safety and Health Programs

Management Commitment

Employee Involvement

Worksite Analysis

Hazard Prevention and Controls.

Training / Understanding

Topic 6:

Where Can You Go For Help?

• Sources within the workplace/worksite

• Sources outside the workplace/worksite

• How to file an OSHA complaint

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Handout #9 & #11

Employer or supervisor, co-workers and union representatives

Material Safety Data Sheet (MSDS) for information on chemicals

Labels and warning signsEmployee orientation manuals or other

training materialsWork tasks and procedures instruction

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OSHA website: http://www.osha.gov and OSHA offices (you can call or write)

Compliance Assistance Specialists in the area offices National Institute for Occupational Safety and Health

(NIOSH) – OSHA’s sister agencyOSHA Training Institute Education CentersDoctors, nurses, other health care providersPublic librariesOther local, community-based resources

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How to file an OSHA Complaint

Contact your Union Safety RepresentativeContact the Local OSHA Area Office

File Phone/FaxFile Formal – Written Complaint

File complaint “On Line”

Handout #12

OFFICES in ILLINOIS

AURORA - (630) 896-8700CALUMET CITY - (708) 891-3800CHICAGO NORTH - (847) 803-4800PEORIA - (309) 589-7033FAIRVIEW HEIGHTS - (618) 632-8612

REGION V - (312) 353-2220

EnforcementRegion V

FederalIllinois, Ohio, Wisconsin

Except employees of “local” Government

State PlansIndiana, Michigan, Minnesota

OSHAwww.osha.gov1-800-321-osha (hot line)

Consultation Programs Illinois: Department of Commerce & Economic

Opportunity (800)972-4216 or (312)814-2337www2.illinoisbiz.biz/osha/index.htm

Indiana: INSafe (317)232-2688www.in.gov/dol/insafe.htm

OSHA Resources

How to file an OSHA Complaint

Contact your Union Safety RepresentativeContact the Local OSHA Area Office

File Phone/FaxFile Formal – Written Complaint

File complaint “On Line”

Handout #12

http://www.osha.gov

Handout #1 & #10

Partnerships and Other Cooperative Programs

Alliances

Strategic Partnerships

Voluntary Protection Programs

Partnerships and Other Cooperative Programs

Promote training, education, outreach and national dialogue

Open to trade organizations, businesses, labor groups, educational institutions, professional groups

Alliances

OSHA Campaigns

QUESTIONS?

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