11006133/0109 copyright © 2001 business & legal reports, inc. blr’s safety training...
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11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
BLR’s Safety Training Presentations
OSHA and the General Duty Clause §5(a)(1) OSH Act of 1970
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Goals
Introduction of OSHA General Duty Clause Quiz
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Occupational Safety and Health Act
Occupational Safety and Health Administration (OSHA)
National Institute for Occupational Safety and Health (NIOSH)
Occupational Safety and Health Review Commission (OSHRC)
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA’s Mission
OSHA exists to save lives, prevent injuries, and protect the health of America’s workers.
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA’s Results
Fatalities reduced 50% to slightly under 6,000 annually
Injuries and illnesses reduced 40% to 5.2 million
U.S. employment has doubled to 111 million workers
7 million worksites are covered by OSHA
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA’s Resources
2003 budget of $437 million Staff of 2,303 with 1,087 inspectors Oversees 26 state-run OSHA programs 2,960 state employees with 1,327 state
inspectors
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA’s Strategies
Enforcement Partnerships Rulemaking Outreach
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Inspections in Year 2002
Federal OSHA 37,493 inspections 78,433 violations $72,827,278 in
penalties
State OSHA programs 58,402 inspections 144,075 violations $75,871,882
in penalties
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
What Prompts an OSHA Inspection?
Reports of imminent danger
Fatalities or catastrophes
Employee complaints Referrals from
other agencies Targeted facilities
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Citations and Penalties
Willful: $5,000 to $70,000 Serious: Up to $7, 000 Repeat: Up to $70,000 Failure to abate: Up to $7,000 for each day Other: Up to $7,000
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Partnerships
Voluntary Protection Program (VPP)
OSHA Strategic Partnership Program
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Outreach Programs
OSHA Consultation Program
Compliance Assistance Specialists
Training grants Small business
assistance Interactive software
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Standards
Safety and health rules Protect workers
from hazards Justified through
science and research Written in a
simple format
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Goals
Introduction of OSHA General Duty Clause Quiz
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
General Duty Clause
“Each employer shall furnish to each of his employees employment and 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.”
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employer Duties
“Each employer shall comply with occupa-tional safety and health
standards promulgated under this Act.”
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employee Duties
“Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this ACT which are applicable to his own actions and conduct.”
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Violations of the General Duty Clause
No specific standard covers a hazard Serious risk is involved Employer should have recognized the hazard “Significant findings letter” sent to employer
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employee Rights to Information
OSH Act and OSHA Standards
Company safety and health records
Company written safety and health programs
Monitoring and testing results
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employee Rights and Protection
Complain to OSHA about safety concerns
Participate in OSHA inspections
Discuss safety with other employees
Ask employer to correct unsafe conditions
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employee Responsibilities
Follow OSHA and employer safety rules
Wear required PPE Report workplace
hazards Report job-related
injuries or illnesses
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Goals
Introduction of OSHA General Duty Clause Quiz
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Summary
OSHA exists to save lives and prevent injuries OSHA uses enforcement, partnership,
rulemaking, and outreach Employers shall furnish a workplace free
of hazards Employees must follow OSHA safety rules
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Quiz
1. Since 1971, OSHA has reduced workplace fatalities by 50%. True or False
2. OSHA was the only agency formed by the Occupational Safety and Health Act of 1970. True or False
3. What is OSHA’s Mission:
4. OSHA has over 10,000 inspectors. True or False
5. Name one thing that will prompt an OSHA inspection: ______________________
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Quiz (cont.)
6. What type of citation carries the highest penalty?7. Name one of the strategies that OSHA
uses to accomplish its mission: 8. The General Duty Clause requires
employers to provide a workplace free of recognized hazards. True or False
9. Employees do not have any responsibility according to the General Duty Clause.
True or False10. Give one example of information that employees have a
right to obtain: ______________________
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Quiz Answers
1. True. Fatalities have been reduced to just under 6,000 annually.
2. False. Two other agencies were formed: National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Review Commission (OSHCR).
3. OSHA exists to save lives, prevent injuries, and protect the health of workers.
4. False. OSHA has just over 1,000 inspectors.5. Report of imminent danger, fatality or catastrophe,
employee complaint, referral, targeted inspection.
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Quiz Answers (cont.)
6. Willful and repeat citations carry penalties of up to $70,000.
7. Enforcement, partnership, rulemaking, outreach.
8. True.
9. False. Employees are required to follow the requirements of OSHA standards, rules, and regulations.
10. OSHA standards, company safety records, company written safety programs, results of monitoring and testing.
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