Introduction to OSHA O ccupational S afety and H ealth A dministration.
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Transcript of Introduction to OSHA O ccupational S afety and H ealth A dministration.
Introduction to OSHAOccupational
Safety and
Health
Administration
OSHA’s mission
• Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs
1a
OSHA’s mission
• Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems
1b
OSHA’s mission
• Establish separate but dependent responsibilities and rights for employers and employees for the achievement of better safety and health conditions
1c
OSHA’s mission• Maintain a reporting and recordkeeping
system to monitor job-related injuries and illnesses
• Establish training programs to increase the number and competence of occupational safety and health personnel
1d
OSHA’s mission
• Develop mandatory job safety and health standards and enforce them effectively
• Provide for the development, analysis, evaluation and approval of state occupational safety and health programs
1e
OSH Act coverage
• Employers
• Employees
2a
OSH Act coverage
• Not covered• self-employed persons• farms at which only immediate member of
the farm employer’s family are employed• workplaces already protected by other
federal agencies under other federal statutes
2b
OSH Act coverage
• Coverage may be under a state job safety and health plan
2c
Requirements of the General Duty Clause
• What is the General Duty Clause?
• How does OSHA use the General Duty Clause?
• Steps company is taking that go beyond compliance with OSHA standards
3a
Workplace inspections
• Authority
• Normally notice is not given
• Employees’ representative must be informed
4a
Inspection priorities
• Imminent danger
• Catastrophes and fatal accidents
• Employee complaints
5a
Inspection priorities
• Programmed inspections
• Follow-up inspections
• Records review
5b
Procedures for Inspections
• Inspector’s credentials
• Opening conference
• Inspection process
• Closing conference
6a
Citations
• Informs employers and employees of the regulations and standards alleged to have been violated
• The employer must post a copy
7a
Citations
• Appeals by employees may be made on:– decision not to issue a citation– time allowed for abatement of a hazardous
condition
• Employees may not appeal a citation, but may submit a written objection
7b
Citations
• Employers may appeal citation
7c
Penalties• Categories of
Violations• serious• other-than-serious• willful• repeat• failure to abate
8a
Penalties
• Additional violations for which citations and penalties may be issued• falsifying records• assaulting a compliance officer
8b
Contesting a citation
• Informal conference request may be made prior to deciding to contest• obtain a better explanation of the violations
cited• obtain a more complete understanding of
the specific standards which apply
9a
Contesting a citation
• Informal conference request may be made prior to deciding to contest• negotiate and enter into an informal
Settlement Agreement• Discuss ways to correct the violations• Discuss problems with the abatement
dates
9b
Contesting a citation
• Informal conference request may be made prior to deciding to contest• Discuss problems concerning employee
safety practices• Resolve disputed citations and penalties• Obtain answer to any other questions
9c
Contesting a citation
• Notice of Contest must clearly state:• what is being contested
• the citation• the penalty• the abatement date• any combination of these
• which violations on the citation are being contested
9d
Employer responsibilities
• Meet the general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, and comply with standards, rules and regulations issued under the Act
10a
Employer responsibilities
• Be familiar with mandatory OSHA standards and make copies available to employees for review upon request
• Inform all employees about OSHA
10b
Employer responsibilities
• Examine workplace conditions to make sure they conform to applicable standards
• Minimize or reduce hazards
10c
Employer responsibilities
• Make sure employees have and use safe tools and equipment (including appropriate personal protective equipment), and that such equipment is properly maintained
10d
Employer responsibilities
• Use color codes, posters, labels or signs when needed to warn employees of potential hazards
• Establish or update operating procedures and communicate them so that employees follow safety and health requirements
10e
Employer responsibilities
• Provide training required by OSHA standards (e.g., hazard communication, lead, etc.)
10f
Employer responsibilities
• Provide medical examinations when required by OSHA standards
10g
Employer responsibilities
• Report to the nearest OSHA office within 8 hours any fatal accident or one which results in the hospitalization of three or more employees
10h
Employer responsibilities
• Keep OSHA-required records of work-related injuries and illnesses, and post the OSHA 300A, Summary of Work-Related Injuries and Illnesses, form from February 1 through April 30 each year (this applies to employers with 11 or more employees)
10i
Employer responsibilities
• Post, at a prominent location within the workplace, the OSHA poster (OSHA 2203) informing employees of their rights and responsibilities (in states operating OSHA-approved job safety and health programs, the state's equivalent poster and/or OSHA 2203 may be required)
10j
Employer responsibilities
• Provide employees, former employees, and their representatives access to the injury and illness recordkeeping forms (OSHA Nos. 300, 301, 300A) at a reasonable time and in a reasonable manner
10k
Employer responsibilities
• Provide access to employee medical records and exposure records to employees or their authorized representatives
10l
Employer responsibilities
• Cooperate with OSHA compliance officer by furnishing names of authorized employee reps who may be asked to accompany the officer during an inspection (if none, the officer will consult with a number of employees about safety & health in the workplace.)
10m
Employer responsibilities
• Not discriminate against employees who properly exercise their rights under the Act
10n
Employer responsibilities
• Post OSHA citations at or near the worksite involved. Each citation, or copy thereof, must remain posted until the violation has been abated, or for three working days, whichever is longer
10o
Employer responsibilities
• Abate cited violations within the prescribed period
10p
Employer rights
• Seek advice and off-site consultation as needed by writing, calling or visiting the nearest OSHA Office (OSHA will not inspect merely because an employer requests assistance)
10q
Employer rights
• Be active in industry associations involved in job safety and health
10r
Employer rights
• Request and receive proper identification of the OSHA compliance officer prior to inspection
• Be advised by the compliance officer of the reason for an inspection
10s
Employer rights
• Have an opening and closing conference with the compliance officer
• Accompany the compliance officer on the inspection
10t
Employer rights
• File a Notice of Contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty
10u
Employer rights
• Apply to OSHA for a temporary variance from a standard if unable to comply because of the unavailability of materials, equipment or personnel needed to make necessary changes within the required time
10v
Employer rights
• Apply to OSHA for a permanent variance from a standard if the employer can furnish proof that their facilities or method of operation provide employee protection at least as effective as that required by the standard
10w
Employer rights
• Take an active role in developing safety & health standards through participation in OSHA Standards Advisory Committees, through nationally recognized standards-setting organizations and through evidence and views presented in writing or at hearings
10x
Employer rights
• Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection
10y
Employer rights
• Submit a written request to NIOSH for information on whether any substance in your workplace has potentially toxic effects in the concentrations being used
10z
Employee responsibilities
• Read the OSHA poster at the jobsite
• Comply with all applicable OSHA standards
11a
Employee responsibilities
• Follow all employer safety and health rules and regulations, and wear or use prescribed protective equipment while engaged in work
• Report hazardous conditions to the supervisor
11b
Employee responsibilities
• Report any job-related injury or illness to the employer, and seek treatment promptly
• Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions in your workplace
11c
Employee responsibilities
• Exercise your rights under the Act in a responsible manner
11d
Employee rights
• Right to seek safety and health on the job without fear of punishment
11e
Employee rights
• Employers may not punish workers for exercising rights such as:• complaining to an employer, union, OSHA,
or any other government agency about job safety and health
• filing safety or health grievances
11f
Employee rights
• Employers may not punish workers for exercising rights such as:• participating on a workplace safety and
health committee or in union activities concerning job safety and health
11g
Employee rights
• Employers may not punish workers for exercising rights such as:• participating in OSHA inspections,
conferences, hearings or other OSHA-related activities
11h
Employee rights
• Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace
11i
Employee rights
• Request information from your employer on safety and health hazards in the area, on precautions that may be taken, and on procedures to be followed if an employee is involved in an accident or is exposed to toxic substances
11j
Employee rights
• Receive adequate training and information on workplace safety and health hazards
• Request the OSHA area director to conduct an inspection if you believe hazardous conditions or violations of standards exist in your workplace
11k
Employee rights
• Have your name withheld from your employer, upon request to OSHA, if you file a written and signed complaint
11l
Employee rights
• Be advised of OSHA actions regarding your complaint and have an informal review, if requested, of any decision not to inspect or to issue a citation
11m
Employee rights
• Have your authorized employee representative accompany the OSHA compliance officer during the inspection tour
11n
Employee rights
• Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer
11o
Employee rights• Observe any monitoring or
measuring of hazardous materials and have the right to see these records, as specified under the Act
11p
Employee rights
• Have your authorized representative, or yourself, review the injury and illness recordkeeping forms (OSHA Nos. 300, 301, 300A) at a reasonable time and in a reasonable manner
11q
Employee rights
• Request a closing discussion with the compliance officer following an inspection
11r
Employee rights
• Submit a written request to NIOSH for information on whether any substance in your workplace has potentially toxic effects in the concentration being used, and have your name withheld from your employer if you so request
11s
Employee rights
• Object to the abatement period set in the citation issued to your employer by writing to the OSHA area director within 15 working days of the issuance of the citation
11t
Employee rights
• Be notified by your employer if he or she applies for a variance from an OSHA standard, and testify at a variance hearing and appeal the final decision
11u
Employee rights
• Submit information or comment to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing
11v