OSHA

10
+ Occupational Safety and Health Act Gabriela Rosas Human Resources VP

description

OSHA basics

Transcript of OSHA

  • 1. +Occupational Safety andHealth ActGabriela RosasHuman Resources VP

2. +OVERVIEW Who is covered Requirements Employee Rights Penalties, Sanctions and the Law Compliance Assistance 3. +Who is Covered Defines an employer as any "person engaged in a business affectingcommerce who has employees, but does not include the United Statesor any state or political subdivision of a State. The Act applies to employers and employees in such varied fields asmanufacturing, construction, longshoring, agriculture, law andmedicine, charity and disaster relief, organized labor, and privateeducation Separate program for federal government employees and extendscoverage to state and local government employees only throughthe states with OSHA-approved plans 4. +Who is NOT Covered The Act does not cover: Self-employed persons; Farms which employ only immediate members of the farmer'sfamily; Working conditions for which other federal agencies, operatingunder the authority of other federal laws, regulate worker safety This category includes most working conditions in mining, nuclearenergy and nuclear weapons manufacture, and many aspects ofthe transportation industries; and Employees of state and local governments, unless they are in oneof the states operating an OSHA-approved state plan. 5. +Requirements The Act assigns OSHA two regulatory functions: Setting standards Conducting inspections to ensure that employers are providing safeand healthful workplaces. OSHA standards may require that employers adopt certainpractices, means, methods, or processes reasonablynecessary and appropriate to protect workers on the job Employers must become familiar with the standards applicableto their establishments and eliminate hazards Bottom Line: OSHA requires employers to keep theiremployees safe while working 6. +Employee Rights The right to file a complaint with OSHA about safety and healthconditions in their workplaces and, To the extent permitted by law, have their identities keptconfidential from employers; Contest the amount of time OSHA allows for correctingviolations of standards; and Participate in OSHA workplace inspections Private sector employees who exercise their rights underOSHA can be protected against employer reprisal AKA Whistleblower protection 7. +Penalties, Sanctions and the Law No citations for minimum violations Other than serious, does not cause death or illness, a penaltyof up to $7,000 can be assessed per violation Serious violation, can cause death or illness and or employerknew or should have known about, a minimum penalty of$7,000 must be assessed Willful Violation: Employer was aware of problems and ignoredit has a max penalty of $70,000 but at least $5,000 If death is a result of a willful violation organization can be taken tocourt and may face jail time with penalty ranging anywhere from$250k-$500k Repeat Violation: violation was broken again upon re-inspection,a penalty of $70,000 per violation 8. +Penalties, Sanctions and the Law The OSH Act covers all private sector working conditions thatare not addressed by safety and health regulations of anotherfederal agency under other legislation OSHA also has the authority to monitor the safety and healthof federal employees OSHA is also responsible for administering a number ofwhistleblower laws relating to safety and health as described inthe Whistleblower Protection section of the guide 9. +Compliance Assistance Compliance Assistance Quick Start: Provides introductory step-by-step instruction to Occupational Safety and HealthAdministration (OSHA) compliance assistance resources. OSHA E-Tools and Electronic Products for ComplianceAssistance: Provides links to e-tools, PowerPointpresentations, and CD-ROMs. Occupational Safety and Health Administration (OSHA)Compliance Information: Provides a portal to OSHA'scompliance assistance resources. OSHA Compliance Frequently Asked Questions: Highlightstopics and specific questions that are often asked of OSHA. 10. +OVERVIEW Who is covered Requirements Employee Rights Penalties, Sanctions and the Law Compliance Assistance