Module 1 - Introduction to OSHA
What is the 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." (Section 5(a)(1))
What are the OSHA inspection priority rankings?
1st Priority - Imminent danger, reasonable certainty an immediate danger exists 2nd Priority - Fatality/Catastrophe 3rd Priority - Complaints/Referrals 4th Priority - Programmed Inspections
When did OSHA get formally created?
April 28, 1971.
When did President Nixon sign the OSH act into law?
December 29, 1970.
What does the 1910.1020 standard say about worker exposure rights?
Employees and former employees who are exposed to toxic substances or harmful physical agents in the workplace have the right to access their medical and exposure records.
What are employer's responsibilities for PPE?
Employers are required to determine if personal protective equipment should be used to protect their workers. When it is required, the employer will pay for and provide PPE.
What are biological agents?
Examples include bacteria, viruses, and fungi.
What are toxic substances?
Examples include metals and dusts, such as, lead, cadmium, and silica.
What are harmful physical agents?
Examples include physical stresses such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.
Who does OSHA cover?
Nearly every American employee is covered by OSHA (or OSHA-approved state agency).
What is OSHA's responsibility?
OSHA's responsibility is worker safety and health protection.
What does OSHA stand for?
Occupational Safety and Health Administration. An agency through the U.S. Department of Labor.
What is OSHA's mission?
The mission of OSHA is to save lives, prevent injuries, and protect the health of America's workers.
What are the different OSHA violation types?
Willful: a violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. Serious: a violation where there is substantial probability that death or serious physical harm could result and the employer know, or should have known, of the hazard. Other-than-serious: a violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. Repeated: a violation that is the same or similar to a previous violation.
What are OSHA's "Whistleblower" rights?
Workers have the right to be free from retaliation for exercising safety and health rights and have a right to seek safety and health on the job without fear of punishment.
What are employee complaint/request rights?
Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith. OSHA regulations protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.
Can workers participate in an OSHA inspection?
Yes, an employee representative can accompany an OSHA inspector and they have the right to talk to them privately. These workers have a right to point out hazards, describe injuries, illnesses, or near misses that resulted from those hazards, and describe any concern they have about a safety or health issue.
Do workers have a RIGHT to be trained?
Yes, 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 LOTO, BBP, noise, confined spaces, fall hazards in construction, and PPE.
What responsibilities does an employer have under OSHA?
a. Provide a workplace free from recognized hazards and comply with OSHA standards b. provide training required by OSHA standards c. Keep records of injuries and illnesses d. provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records e. not discriminate against workers who exercise their rights under the Act f. post OSHA citations and abatement verification notices g. provide and pay for PPE
Who does OSHA NOT cover?
a. Self-employed individuals b. immediate family members of farm employers that do not employ outside employees c. emplooyees whose safety and health is covered by any state or federal agency other than OSHA (e.g. the Mine Safety and Health Administration, the Federal Aviation Administration, the military) d. public employees in state and local governments that are not in a state with an OSHA-approved program
Workers have the legal right to refuse work in a situation where all of the following (4 things) are true:
a. Worker has asked their employer to eliminate a danger and the employer failed to do so b. Worker refused to work in "good faith," meaning they must genuinely believe that an imminent danger exists c. a reasonable person would agree that there is a real danger of death or serious injury d. there isn't enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection
What are workers' rights to filing a complaint with OSHA?
a. 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. b. Workers may request that their names not be revealed to the employer. c. 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.
What rights do YOU have under OSHA?
a. a safe and healthful workplace b. knowledge about hazardous chemicals c. information about injuries and illnesses in your workplace d. complain or request hazard correction from employer e. training f. hazard exposure and medical records g. file a complaint with OSHA h. participate in an OSHA inspection i. be free from retaliation for exercising safety and health rights j. refuse, under certain conditions, to work in a situation in which you would be exposed to hazards
Employers must have a written, complete hazard communication program that includes information on what?
a. container labeling b. safety data sheets (SDS) c. worker training, which 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.
What 3 things does OSHA do to carry out its mission to save lives, prevent injuries, and protect workers?
a. develops job safety and health standards and enforces them through worksite inspections b. maintains a reporting and recordkeeping system to keep track of job-related injuries and illnesses c. provides training programs to increase knowledge about occupational safety and health
What does OSHA's Recordkeeping Rule require?
a. most employers with more than 10 workers to keep a log of injuries and illnesses b. workers have the right to review the current log, as well as the logs stored for the past 5 years c. workers have the right to view the annually posted OSHA 300A summaries.