Health 303 Chapter 2 PP

General Duty Clause of OSH Act

•"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 or serious physical harm to his employees."

World Health Organization

•A unit of the United Nations •A major player in the international arena for protection of workers' health •Guiding tenet: "Every citizen of the world has a right to healthy and safe work and to a work environment that enables him or her to live a socially and economically productive life." •Maintains a Network of Collaborating Centers on Occupational Health

History of Legislation Protecting American Workers (1 of 2)

•Act of 1908 for Federal Employees' Compensation -Affected federal employees who worked in hazardous occupations •Federal Employees' Compensation Act of 1916

U.S. Department of Labor (USDOL) (1 of 2)

•Administration and enforcement of federal laws that pertain to workplace activities for approximately 10 million employers and 12.5 million workers •Examples of major laws •Fair Labor Standards Act (FLSA) -Occupational Safety and Health Act -Black Lung Benefits Act (BLBA)

Agency for Toxic Substances and Disease Registry (ATSDR) (2 of 2)

•Conducts applied research regarding public health assessments. •Provides education and training concerning hazardous substances -Example: ToxProfiles—172 toxicological profiles

Union Participation in Protecting Workers' Health (1 of 2)

•Contributions of unions (Milton J. Rosenau) -Protect employees' well-being •Shortening work hours •Improving wages •Improving sanitary conditions

Introduction (2 of 2)

•Crucial functions of occupational health policies. -Defining standards for a safe workplace. -Establishing procedures for enforcement of regulations for worker safety

The Occupational Safety and Health Act (OSH Act) of 1970 (2 of 2)

•Defined the role of OSHA in setting standards. •Covered most private-sector employees with some exceptions.

Workers' Compensation Programs/Laws

•Definition -"Provide cash benefits, medical care, and rehabilitation services to workers who experience work-related injuries." •Current laws do not require the filing of a negligence suit. -Because of this earlier requirement, the employer usually prevailed.

Whistleblowing (1 of 2)

•Definition -"The disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing."

Employer-Sponsored Employee Assistance Programs (1 of 2)

•Definition -An employee assistance program (EAP) is "a voluntary, work-based program that offers free and confidential assessments, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related problems."

Learning Objectives (1 of 2)

•Describe the functions of international agencies in promoting occupational health and safety. •Describe three historically significant occupational health laws. •List at least four federal agencies responsible for the protection of workers' health and describe their functions.

Freedom from Discrimination in the Workplace (2 of 2)

•EEOC enforces federal laws regarding discrimination. •EEOC laws apply to workplaces that employ at least 15 persons, to most labor unions, and to most employment agencies.

Occupational Safety and Health Administration (OSHA)

•Established by Congress "to assure safe and healthful conditions for working men and women by setting and enforcing standards and providing training, outreach, education and compliance assistance." •Part of the U.S. Department of Labor •Example of functions -Enforcement -Inspections

The Occupational Safety and Health Act (OSH Act) of 1970 (1 of 2)

•Established by Congress "to assure safe and healthful working conditions for working men and women" •Created the Occupational Safety and Health Administration (OSHA).

Agency for Toxic Substances and Disease Registry (ATSDR) (1 of 2)

•Established in 1980 under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund Law). •Examines hazardous waste sites and other environmental releases.

Union Participation in Protecting Workers' Health (2 of 2)

•Examples of unions -United Mine Workers of America •Highlighted lung diseases among coworkers. -American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)

History of Legislation Protecting American Workers (2 of 2)

•Fair Labor Standards Act of 1938 •Occupational Safety and Health Act of 1970 •Mine Safety and Health Legislation (1952-2006)

Disability Benefits/Permanent Disability (1 of 2)

•Federal Social Security Administration (SSA) provides disability benefits to disabled workers who are unable to work. -Social Security disability insurance program. -Supplemental Security Income (SSI) program

National Institute for Occupational Safety and Health (NIOSH)

•Federal agency for conducting research and making recommendations for the prevention of work-related illnesses and injuries. •Established under the Occupational Safety and Health Act of 1970. •Part of the U.S. Centers for Disease Control and Prevention (CDC)

Current Federal Regulations Protecting Workers (2 of 2)

•Freedom from discrimination in the workplace •Whistleblowing •Workers' compensation programs/laws •Disability benefits/permanent disability

Employer-Sponsored Employee Assistance Programs (2 of 2)

•Functions of EAPs -Helping employees to cope with environmental disasters -Integrating an EAP with disease management programs

Classification and Labeling of Chemicals: United Nations

•Globally Harmonized System of Classification and Labeling of Chemicals (GHS). -Provides for standardization of the manner in which chemicals are classified and labeled. -Communicates risks associated with chemicals

Summary (2 of 2)

•International, federal, state, and private organizations operate in the arena of occupational health and safety. •U.S. federal agencies include OSHA, NIOSH, and the U. S. DOL. -Enforce occupational health and safety laws -Conduct research on the health of the workforce

Summary (1 of 2)

•Key occupational laws -Occupational Safety and Health Act of 1970 -Federal Mine Safety and Health Act of 1977 •Provisions of other laws -Fair standards for compensation -Prohibition of discrimination against workers

Environmental Protection Agency (EPA)

•Maintains oversight of pesticides and chemicals. -This function stems from the Toxic Substances Control Act of 1976. •EPA does not intervene directly in the workplace.

Private Sector Organizations for Support of Workers' Health

•Many nongovernmental organizations exist. •3 key organizations -American Public Health Association, Occupational Health and Safety Section -American College of Occupational and Environmental Medicine -National Council for Occupational Safety and Health

State Programs

•Many states support benefits for -Paid medical care -Temporary disability benefits -Permanent disability benefits -Supplemental job displacement benefits -Death benefits

Current Federal Regulations Protecting Workers (1 of 2)

•OSH Act—specifies employers' rights and responsibilities. •U.S. Equal Employment Opportunity Commission (EEOC) enforces regulations that prohibit illegal discrimination against employees.

Whistleblowing (2 of 2)

•OSHA's Whistleblower Protection program enforces the whistleblower provision of the OSH Act. •Retaliation against employees is prohibited.

U.S. Federal Agencies for Occupational Health and Safety (2 of 2)

•Occupational Safety and Health Administration (OSHA) •Environmental Protection Agency (EPA) •Agency for Toxic Substances and Disease Registry (ATSDR)

Introduction (1 of 2)

•Occupational health policy -"A plan of action primarily concerned with protecting the health, safety, and welfare of persons at work."

National Institute of Environmental Health Sciences (NIEHS) (1 of 2)

•One of the 27 Institutes and Centers of the National Institutes of Health •Supports research into environmental health

National Institute of Environmental Health Sciences (NIEHS) (2 of 2)

•Programs/activities include the following: -National Toxicology Program -Maintenance of research laboratories -Publication of Environmental Health Perspectives Training and education

International Labour Organization

•Specialized United Nations agency. •Founded in 1919. •Aims -Promote rights at work -Encourage decent employment opportunities -Enhance social protection -Strengthen dialogue on work-related issues

Learning Objectives (2 of 2)

•State the names of three current national laws designed to protect the health of workers. •Describe the role of unions and other organizations in protecting workers' health.

Federal Mine Safety and Health Act of 1977

•Strengthened and expanded the rights of miners •Applied to all workers employed on mine property •Administered by Mine Safety and Health Administration

Mine Safety and Health Legislation (1952-2006)

•The Federal Coal Mine Safety and Health Act of 1969 •Federal Mine Safety and Health Act of 1977

The Federal Coal Mine Safety and Health Act of 1969

•Title IV established the federal black lung benefits program -Title IV amended in 1972 with the Black Lung Benefits Act of 1972 •Compensation for total disability from miners' pneumoconiosis

Freedom from Discrimination in the Workplace (1 of 2)

•Title VII of the Civil Rights Act of 1964 led to the creation of the EEOC. -Prohibited discrimination in employment "based on race, color, religion, sex, and national origin."

U.S. Federal Agencies for Occupational Health and Safety (1 of 2)

•U.S. Department of Labor (USDOL) •National Institute of Environmental Health Sciences (NIEHS) •National Institute for Occupational Safety and Health (NIOSH)—part of Centers for Disease Control and Prevention (CDC)

Disability Benefits/Permanent Disability (2 of 2)

•Very strict definition of disability -Permanent disability -No money or partial disability or short-term disability

International Organizations Protecting Workers' Rights: Highlights

•World Health Organization (WHO) •International Labour Organization (ILO)