Chapter 15 Occupation Safety and Health

Occupational Safety and Health Review Commision (OSHRC)

Independent from OSHA, it hears appeals of its enforcement actions

Hazards that caused the injuries should be ___________ and __________

identified abated

Reports of injuries should be investigated _________ and ________

immediately thoroughly

Occupational Safety and Health Act (OSH Act)

The principal federal law requiring private sector employers to keep their workplaces free from hazards that threaten the safety and health of employees

actual risk doctrine

injuries and illnesses are compensable so long as the harm occurred is a risk of the job, even though the general public might be similarly at risk

The term "occupational safety and health standard" means

a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations or processes, reasonably necessary or appropriate to provide safe of healthful employment and places of employment

increased risk doctrine

an injury or illness arises out of employment if they employees work or work environment measurably increased his chances of being harmed over that of the general public.

workers compensation is intended to deal with work-related injuries and illnesses- specifically those that

arise out of and in the course of employment

employers should require that employees report all injuries that occur in the workplace ________________

as soon as possible

employers should stay in close contact with injured employees and their medical care providers. Information about job tasks and requirements should be conveyed to medical care providers so they make accurate assessments about readiness to return to full time or light duty work. light duty assignment should be

available and considered for injured employees who are not yet capable of fulfilling all the duties of their former position

employers must become ________ and ______ with all standards that apply to their operations

aware of comply

an employee representative must be allowed to participate in the opening conference and to accompany the compliance officer during an inspection. The employee representative must not

be chosen by the employer

safety rules should be

clear, specific, consistent with one another, and enforced.

New standards are initially published in the ________________ and subsequently included with other OSHA standards in the _____________________________

federal register Code of Federal Regulations (CFR)

employers have ________days following the receipt of a citation to contest the citation (file a written Notice of Contest with the OSHA area director who transmits the case to the OSHRC).

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peculiar risk doctrine

finds that injuries or illnesses arise out of employment only if they are much more common, or even unique to, persons performing particular types of work

positional risk doctrine

injuries or illnesses incurred in the course of employment are generally covered, provided that the harm would not have occurred but for the fact that the employees job placed her in the position in which she was harmed

An employer representative is entitled to accompany the compliance officer during a workplace inspection but employers are prohibited from

intimidating or interfering with compliance officers as they perform their jobs

Although all violations should be corrected promptly, employers are not

legally required to correct alleged violations until their appeals have been heard and the OSHRC has issued a final order

the process of adopting new safety standards is

lengthy, arduous, litigious, and politicized.

employers are prohibited from retaliating against employees for

making complaints about safety problems, contacting OSHA, filing complaints with OSHA, speaking with inspectors, or otherwise participating in the enforcement process

general industry standards apply to all industries unless

more specific maritime, construction, or agricultural standards deal with the same issues

Workers compensation claims should not be routinely contested Reasonable grounds for contesting claims are when

the severity of an injury or whether it arose out of and in the course of employment is the question

Hazards are "recognized" when

there is reason to believe that they are known to the employer or to the industry in which the employer operates

an annual summary of injuries and illnesses must be maintained and posted for employee inspection during the month of February (for the previous year)

these records must be retained for 5 years and made available for OSHA inspectors

Unsafe conditions violate the law even if

they have not (yet) resulted in injury, illness, or death

OSHA is justified in establishing a new standard only if

this significant risk can be shown

Employers are also required, if selected, to participate in the Bureau of Labor Statistics annual survey of occupational injuries and illnesses

this survey is a basic source of data for occupational safety and health statistics

Copies of citations received must be posted in the workplace near where the violations occurred and for ______ working days or until the violations are corrected, whichever is ______

three longer

employers need to be mindful that employees with work-related injuries might also be entitled to take leave or receive accommodations that will allow them

to perform the essential functions of their regular jobs

Most OSHA inspections are ___________

unannounced

requirements for a violation of the general duty clause claim

1. A workplace hazard was allowed to exist 2. the hazard was or should have been recognized by the employer 3. the hazard caused or was likely to cause death or serious physical injury 4. feasible means exist to abate the hazard and were not used

Hierarchy of Controls

Controls which run from measures that might eliminate a hazard entirely, to engineering controls that do not eliminate hazards automatically provide protection from them , to administrative measures that limit the extent of exposure, to training and warnings that teach employees about how to protect themselves from hazards, to personal protective equipment that is worn by employees and provides the last line of defense between the hazard and the worker

The minimum levels of safety that emloyers are required to provide are defined in two ways

1. through standards created by OSHA to address specific hazards 2. through the OSH Act's general duty clause

Some OSHA standards specify the particular actions that employers must take, but many other standards leave it to the employers to devise a set of

Controls to lessen or eliminate hazards

OSH Act is enforced not only by responding to employee complaints of violations but also by

OSHA going out to workplaces and conducting inspections to determine whether employers are complying with the law

In promulgating standards dealing with toxic materials or harmful agents

OSHA shall set the standard which most adequately assures, to the extent feasible, on the bases of he best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard for the period of his working life

Occupational Safety and Health Administration ( OSHA)

The agency that has overall responsibility for administering and enforcing the OSH Act. OSHA establishes safety standards, conducts inspections of workplaces, and provides information to employers and employees about workplace safety and health issues.

Employees __________ actually have to be exposed to the hazard that violated standard (nor suffer harm); it is _______that the nature of their work and facility make it reasonable to expect tat they might encounter danger

do not enough

employers often conduct ____ and ________ tests following accidents and they may be required to do so by insurers

drug alcohol

employers are required to report to OSHA within _______hours of any fatal accident or any accident that results in the hospitalization of three or more employees.

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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 of serious physical harm to his employees

The Mine Safety and Health Act (MSH Act)

enacted in recognition of the particular hazards involved with mining. This law is enforced by the Mine Safety and Health Administration

Employers should focus on designing hazards out of the production process, eliminating existing hazards, and reducing them to the maximum extent possible through use of

engineering and administrative controls

records must be kept for each separate establishment and not just an

entire company

employers should engage in proactive efforts to identify and abate unsafe conditions in their workplaces. One of the best ways to do this is to

establish an effective workplace safety program

OSHA must conduct __________________________ to justify proposed standards

extensive risk assessments

OSHA is ____________ to conduct a cost benefit analysis

not required because OSHA is authorized to set standards to eliminate health hazards "to the extent feasible" the focus must be on whether improved safety is achievable not whether it is economically optimal

general duty clause

places basic responsibility for workplace safety with employers and can be invoked for enforcement purposed in the absence of specific standards

workplace safety program

programs which help instill a safety culture in an organization, making safety a central concern that is closely monitored, discussed, rewarded, and continuously improved

employers should err on the side of caution in

referring injured employees for medical treatment

arising out of employment

refers to the underlying causation of the injury or illness.

in the course of employment

refers to time, place, and setting in which it occurs

Employees must not be __________ against for filing workers compensation claims

retaliated

significant risk

risk associated with occupational exposure to a toxic substance at the current permissible exposure limit that could lead to significantly unsafe place of employment

OSHA has the right to establish

safety standards

The OSH Act empowers OSHA inspectors to enter workplaces without delay and at reasonable times to examine records, inspect conditions, and question individuals. However the 4th amendment rights of employers to be free from unreasonable search and seizure permit them to refuse entry to OSHA inspectors without a

search warrant the right to refusal does not apply if a clear emergency exists, the hazard in question is in plain view, of an authorized party consents to entry (even though a co-owner disagrees)

employers should take employee safety complaints _________ and must not ______ employees for refusing to work under conditions that pose a serious and imminent threat to their health

seriously punish

OSHA has limited resources and has to carefully prioritize when selecting

sites to inspect

Employers are required to record (within ______ days of their occurrence) all work related injuries or illnesses that result in death, days away from work, restricted work, transfer to another job, loss of consciousness, or medical treatment beyond first aid-and any other "significant" injuries or illnesses diagnosed by licensed health care professionals

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Employers not exempted from record keeping are required to establish and communicate to their employees

specific procedures for reporting workplace injuries and illness.

National Institute of Occupational Safety and Health ( NIOSH)

the agency that provides scientific and technical advice to OSHA

Citations for safety violations indicate the nature of the violations, the OSHA standards violated, the monetary policies associated with the violations, and

the amount of time the employer has to correct the problems (abatement period)

permissible exposure limit (PEL)

the maximum allowable level of exposure to a hazard

By law, employers must arrange

workers compensation coverage for all employees

firms using employees from contract companies should ensure that those contractors are providing

workers compensation for their employees. Furthermore, even if an employer does not pay workers compensation premiums fro its contract employees (or temps), it is still obligated under OSHA to provide a safe workplace for those workers

One of the key requirements for a violation of general duty clause is that

workers were exposed to a recognized hazard