quiz 9

: Investigation of fatalities and catastrophes resulting in hospitalization of three or more employees. These types of accidents must be reported to OSHA within 8-hours

Catastrophes and Fatal Accidents

3rd priority is

Complaints/Referrals:

Employers must have a written, complete hazard communication program that includes information on: •

Container labeling, • Material Safety Data Sheets (MSDSs), and • Worker training. The training must include the physical and health hazards of the chemicals and how workers can protect themselves; including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment

____________ • Employer or supervisor, co-workers and union representatives • Material Safety Data Sheet (MSDS) for information on chemicals • Labels and warning signs • Employee orientation manuals or other training materials • Work tasks and procedures instruction

Information Sources - Inside

_____________ OSHA website: http://www.osha.gov and OSHA offices (you can call or write) • Compliance Assistance Specialists in the area offices • National Institute for Occupational Safety and Health (NIOSH) - OSHA's sister agency • OSHA Training Institute Education Centers • Doctors, nurses, other health care providers

Information Sources - Outside

_________________: The CSHO and an employee representative will proceed through the facility, inspecting work areas for compliance • The route and duration are determined by the CSHO • Trade secrets observed will be kept confidential • Employees will be consulted during the inspection tour • Photographs and Video May be taken

Inspection tour

The presentation of the __________ : The inspector must present his or her credentials upon arrival upon a site for inspection • Employers should always insist upon seeing the compliance officer's credentials

Inspector's Credentials

Examples of toxic substances and harmful physical agents are:

Metals and dusts, such as, lead, cadmium, and silica • Biological agents, such as bacteria, viruses, and fungi • Physical stress, such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation

Section 5(a)(1) of the _______ states: "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.

OSH Act

The ___________ authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times • OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger) • In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term

OSH Act

________ stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor • _________ responsibility is worker safety and health protection On December 29, 1970, President Nixon signed the OSH Act This Act created ___________ the agency, which formally came into being on April 28, 1971

OSHA

________ • Failure to abate a prior violation may bring a civil penalty of up to $7,000 for each day the violation continues beyond the prescribed abatement date

Failure to Abate Prior Violation:

2nd priority is

Fatality/Catastrophe:

4th priority is

Programmed Inspections:

1st priority is

Imminent Danger

____ is A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law

WILLFUL

After the CSHO reports findings, the ____________ determines what citations, if any will be issued, and what penalties, if any will be issued

area director

_________ inform the employer and employees of regulations and standards alleged to have been violated and of the proposed length of time set for their abatement • The employer will receive _________ and notices of proposed penalties by certified mail • The employer must post a copy of each _________ at or near a place a violation occurred, for three days or until the violated is abated, whichever is longer

citation

______________ The Act gives each employee the right to request an OSHA inspection when the employee feel that he/she is in imminent danger from a hazard or when he/she feels that there is a violation of an OSHA standard that threatens physical harm

employee complaints

Citations must be posted for 3 working days or until the violation is corrected • Must be posted at or near the place where each violation occurred Employers options upon receipt of citations are all ________ rights

employers

True or false: OSHA itself does have the authority to bring criminal cases, but must refer a case to the Justice Department for prosecution. In recent years, this has happened more frequently, and in several cases, employers have received jail sentences

false

: Any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical immediately

imminent danger

___________ • Within 15 working days • Gives the employer an opportunity to resolve issues with penalties and citations without going to court

informal conference

____________: Posting and Record-keeping are checked • During the course of the inspection the CHSO will point out any unsafe or unhealthful working conditions observed • The CSHO will also discuss possible corrective action if the employer so desires

inspection tour

In the _____________ , the compliance officer explains why the establishment was selected • Explains the purpose of the visit and the scope of the inspection • The employer may be given a copy of any employee complaint that may be involved • Confidentially will be kept upon request.

opening conference

OSHA may propose a penalty of up to $7,000 for each __________ violation.

other than serious

__________ is A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm

other than serious

_____________ • A violation that has direct relationship to job safety and health, but probably would not cause death or serious physical harm • A proposed penalty of up to $7000.00 for each violation is discretionary and may be adjusted downward by as much as 95%, depending upon the employer's good faith, history of previous violations and size of business

other than serious violation

OSHA may propose penalties of up to $70,000 for each _______ violation, with a minimum penalty of $5,000 for each

willful violation

___________: • A violation that the employer knowingly commits or commits with plain indifference to the law • Penalties of up to $70,000 may be proposed for each willful violation with a minimum penalty of $5000 for each violation • A proposed penalty may be adjusted downward • If an employer is convicted of a ___________- of a standard that has resulted in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment for up to six months, or both • A fine of up to $250,000 for an individual, or $500,000 for a corporation, may be imposed for a criminal conviction

willful violation

the purpose of OSHA is

• "....to assure as far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources

OSHA's Purpose is to

• Encourage employers and Employees to reduce workplace hazards and to implement new or improve existing safety and health programs • Provide for research in occupational safety and health and to develop innovative ways of dealing with occupational safety and health problems • Establish "separate but dependent responsibilities and rights" for employers and employees for achievement of better safety and health conditions • Maintain a reporting and record-keeping system to monitor job-related injuries and illnesses Establish training programs to increase the number 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 OSH programs

OSH Act's Coverage

• Extends to all employers and their employees in the 50 states, District of Columbia, Puerto Rico, and all other territories under Federal Government jurisdiction • Coverage provided either directly by federal OSHA or through an OSHA-approved state program

A safe and healthful workplace • Know about hazardous chemicals • Information about injuries and illnesses in your workplace • Complain or request hazard correction from employer • Training • Hazard exposure and medical records • File a complaint with OSHA • Participate in an OSHA inspection • Be free from retaliation for exercising safety and health rights

Employee's rights

_____________ • This is the time for free discussion of problems and needs and a time for frank questions and answers • The CSHO discusses all unsafe or unhealthful conditions and indicates all apparent violations for which a citation may be issued or recommended

closing conference

• OSHA's ____________ requires most employers with more than 10 workers to keep a log of injuries and illnesses • Workers have the right to review the current log, as well as the logs stored for the past 5 years • Workers also have the right to view the annually posted summary of the injuries and illnesses Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow • Some required training covers topics such as, lockout-tagout, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, along with a variety of other subject. • Right to examine & copy records • Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace • Workers may request that their name not be revealed to the employer • If a worker files a complaint, they have the right to find out OSHA's action on the complaint and request a review if an inspection is not made

recordkeeping rule

OSHA may propose penalties of up to $70,000 for each __________ violation.

repeated

__________ is A violation that is the same or similar to a previous violation.

repeated

___________ • A violation of any standard, regulation rule, or order where, upon re-inspection, a substantially similar violation can bring a fine of up to $70,000 for each such violation

repeated violation

_________ • Workers have the right to be free from retaliation for exercising safety and health rights • Workers have a right to seek safety and health on the job without fear of punishment • This right is spelled out in Section 11(c) of the OSH Act • Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights

retaliation

There is a mandatory penalty for __________ violations which may be up to $7,000.

serious

_______ is A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard.

serious

_________: • A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. A mandatory penalty of up to $7000.00 for each violation is proposed. This penalty may be adjusted downward based on the previous reasons

serious violation