osha overview

7/30/2019 Osha Overview

1/38


2/38

The Need for Legislation2

More than 90 million Americans spendtheir days (or nights) on the job. Until

1970, no uniform and comprehensiveprovisions existed for worker protectionagainst workplace safety and health

hazards.


3/38

In 1970, the Congress considered

annual figures such as these Job related accidents accounted for more

than 14,000 worker deaths

Nearly 2 1/2 million workers were disabled Ten times as many person-days were lost

from job-related disabilities as from strikes

Estimated new cases of occupational diseasestotaled 300,000


4/38

The Act4

In 1970 a bipartisan Congress passedthe Occupational Safety and Health Act

of 1970 (the Act)

Under the Act, OSHA was createdwithin the Department of Labor.


5/38

Purpose .to assure as far as possible every

working man and woman in the Nation

safe and healthful working conditionsand to preserve our human resources


6/38

OSHAs Purpose5

Encourage employers and Employees toreduce workplace hazards and to implement

new or improve existing safety and healthprograms

Provide for research in occupational safetyand health and to develop innovative ways of

dealing with occupational safety and healthproblems


7/38

OSHAs Purpose6

Establish separate but dependentresponsibilities and rights for

employers and employees forachievement of better safety and healthconditions

Maintain a reporting and record-keepingsystem to monitor job-related injuriesand illnesses


8/38

OSHAs Purpose7

Establish training programs to increase thenumber and competence of occupational

safety and health personnel Develop mandatory job safety and health

standards and enforce them effectively

Provide for the development, analysis,evaluation and approval of state OSHprograms


9/38

OSH Acts Coverage Extends to all employers and their employeesin the 50 states, District of Columbia, PuertoRico, and all other territories under Federal

Government jurisdiction Coverage provided either directly by federal

OSHA or through an OSHA-approved stateprogram

Employer defined as any "person engaged ina business affecting commerce who hasemployees, but does not include the UnitedStates (except for the U.S. Postal Service) or

any State or political subdivision of a State"


10/38

Standards OSHA is responsible for promulgating legally

enforceable standards

Where OSHA has not promulgated specificstandards, employers are responsible forfollowing the Act's General Duty Clause

States with OSHA-approved programs must

set standards at least as effective as federalstandards


11/38

Standards Development OSHA can begin standards-setting procedureson its own, or in response to petitions fromother parties, including:

Secretary of Health and Human Services (HHS) National Institute for Occupational Safety and

Health (NIOSH)

State and local governments

Nationally recognized standards producingorganizations

Employer or labor representatives

Any other interested person


12/38

Standards Adoption Advance Notice of Proposed Rulemaking

(Optional)

Notice of Proposed Rulemaking terms of new rule

provide specific time (30 days min.) for public torespond

Public hearing (may be requested byinterested parties)

Final rule published in Federal Register


13/38

General Duty Clause 5(a)(1)

The OSH Act has a broad general dutyclause requiring all employers to furnisha workplace free from recognizedhazards that are causing or likely to

cause death or serious physical harm.


14/38

General Duty Clause The general duty clause is meant to

apply when a recognized hazard exists,

for which there is not (or not yet) aprecise standard. In other words, anunsafe condition not covered by one of

OSHAs specific standards is understoodto be covered by the general dutyclause.


15/38

Workplace Inspections To enforce standards, OSHA is

authorized under the Act to conduct

workplace inspections. To enter without delay and at reasonable

times any facility where work is performed

by an employee or employer. . . Inspect and investigate during regular

working hours. . .


16/38

OSHA Inspection Priorities Imminent Danger: Any condition where there

is reasonable certainty that a danger exists

that can be expected to cause death orserious physical immediately

Catastrophes and Fatal Accidents:Investigation of fatalities and catastrophes

resulting in hospitalization of three or moreemployees. These types of accidents must bereported to OSHA within 8-hours.


17/38

OSHA Inspection Priorities Employee Complaints: The Act gives

each employee the right to request an

OSHA inspection when the employeefeel that he/she is in imminent dangerfrom a hazard or when he/she feels

that there is a violation of an OSHAstandard that threatens physical harm.

LEP/NEP High Hazard Workplaces


18/38

Inspection Process The presentation of the Inspectors

Credentials: The inspector must present

his or her credentials upon arrival upona site for inspection. Employers shouldalways insist upon seeing the

compliance officers credentials.


19/38

Inspection Process Opening Conference:

In the opening conference, the compliance

officer (CSHO) explains why theestablishment was selected.

The CSHO explains the purpose of the visitand the scope of the inspection. The

employer may be given a copy of anyemployee complaint that may be involved.Confidentially will be kept upon request.


20/38

Inspection Process Inspection Tour:

The CHSO and an employee representativewill proceed through the facility, inspecting

work areas for compliance. The route and duration are determined by

the CHSO.

Trade secrets observed will be keptconfidential

Employees will be consulted during theinspection tour

Photographs and Video May be taken


21/38

Inspection Process Inspection Tour: (Cont'd)

Posting and Record-keeping are checked

During the course of the inspection theCHSO will point out any unsafe orunhealthful working conditions observed

The CHSO will also discuss possiblecorrective action if the employer so desires


22/38

Inspection Process Closing Conference:

This is the time for free discussion of

problems and needs and a time for frankquestions and answers

The CHSO discusses all unsafe orunhealthful conditions and indicates allapparent violations for which a citationmay be issued or recommended


23/38

Citations and Penalties

After the CHSO reports findings, the

Area Director determines what citations,if any will be issued, and whatpenalties, if any will be issued.


24/38

Citations Citations inform the employer and employees

of regulations and standards alleged to havebeen violated and of the proposed length oftime set for their abatement.

The employer will receive citations andnotices of proposed penalties by certifiedmail.

The employer must post a copy of eachcitation at or near a place a violationoccurred, for three days or until the violatedis abated, whichever is longer.


25/38

Penalties De Minimus

No penalty or citation issued.


26/38

Penalties Other than Serious Violation:

A violation that has direct relationship to job

safety and health, but probably would not causedeath or serious physical harm.

A proposed penalty of up to $7000.00 for eachviolation is discretionary and may be adjusteddownward by as much as 95%, depending uponthe employers good faith, history of previousviolations and size of business


27/38

Penalties Serious Violation:

A violation where there is substantial

probability that death or serious physicalharm could result and that the employerknew, or should have known, of thehazard. A mandatory penalty of up to

$7000.00 for each violation is proposed.This penalty may be adjusted downwardbased on the previous reasons.


28/38

Penalties Willful Violation:

A violation that the employer knowingly

commits or commits with plain indifferenceto the law. Penalties of up to $70,000 maybe proposed for each willful violation witha minimum penalty of $5000 for each

violation. A proposed penalty may beadjusted downward.


29/38

Willful Violation Penalty If an employer is convicted of a willful

violation of a standard that has resulted

in the death of an employee, theoffense is punishable by a court-imposed fine or by imprisonment for upto six months, or both. A fine of up to

$250,000 for an individual, or $500,000for a corporation, may be imposed for acriminal conviction.


30/38

Penalties Repeated Violation:

A violation of any standard, regulation

rule, or order where, upon re-inspection, asubstantially similar violation can bring afine of up to $70,000 for each suchviolation


31/38

Penalties Failure to Abate Prior Violation:

Failure to abate a prior violation may bring

a civil penalty of up to $7,000 for each daythe violation continues beyond theprescribed abatement date.


32/38

PenaltiesAdditional violations for which citations

and proposed penalties may be issued

upon conviction: Falsifying records, reports or applications

can bring a fine of $10,000 or up to six

months in jail.Violations of posting requirements can

bring a civil penalty of up to $7,000


33/38

Criminal Penalties In addition to civil penalties, the

following may result in criminal

penalties: Willful violation causing death

Giving unauthorized, advance notice of aninspection

Giving false information Killing, assaulting or hampering the work of

an OSHA inspector


34/38

Criminal Penalties OSHA itself does not have the authority

to bring criminal cases, but must refer a

case to the Justice Department forprosecution. In recent years, this hashappened more frequently, and in

several cases, employers have receivedjail sentences.


35/38

Employers Rights and

Responsibilities Citations must be posted for 3 working

days or until the violation is corrected.

Must be posted at or near the placewhere each violation occurred


36/38

Employers Rights and

Responsibilities Employers options upon receipt of

citations

If you agree with the citations, you mustcorrect the violations and pay anypenalties.

If you do not agree you have 15 workingdays to contest in writing the:

Citation, Penalty, and/or the abatement dates


37/38

Informal Conference Within 15 working days

Gives the employer an opportunity to

resolve issues with penalties andcitations without going to court.


38/38

Antidiscrimination Provisions The OSH Act prohibits employment retaliation

against an employee who complains to an

employer, files a complaint, initiates aproceeding, contests an abatement date,requests information from OSHA or testifiesunder the Act. In certain circumstances, an

employee may refuse to work under seriouslythreatening health or safety conditions.

osha overview

Documents