OSHA
What is OSHA's mission?
"save lives, prevent injuries and protect the health of America's workers"
How can you participate in an OSHA inspection?
-A representative can accompany the OSHA inspector during the inspection -Workers can privately speak with the inspector -Workers can show inspectors hazards, describe injuries, illnesses, or near misses -Workers can learn inspection rules -Workers can object to dates set for correction of violations (may feel that they need more time)
How do they carry out this mission?
-Develop job safety and health standards and enforce them through work site inspections -Maintain a reporting and record keeping system to keep track of job-related injuries and illnesses -Provide training programs to increase knowledge about occupational safety and health
Sources within the workplace
-Employer or supervisor, co-workers and union reps -MSDSs for information on chemicals -Labels and warning signs -Employee orientation manuals -Work tasks and procedures instruction in writing
How are OSHA inspections conducted?
-OSHA compliance safety and health officers (CSHOs) conduct workplace inspections without advance notice -may face jail time and/or fines if you tell employer about an OSHA inspection
Sources outside of the workplace
-OSHA website (www.osha.gov) and OSHA offices -Compliance Assistance specialists in local area offices -national institute for occupational safety and health (NIOSH)-OSHA's sister agency -OSHA training Institute Education centers -Health Care providers -Local, community based resources
What are some ways to file an OSHA complaint?
-OSHA's website online -Telephone -Visit local offices -Complete form--BE SPECIFIC -Then, OSHA will determine if an inspection is needed -Do not need to reveal your name
Employer responsibilities under OSHA
-Provide workplace free from hazards and comply with OSHA -Provide training -Keep records of injuries/illnesses -Provide medical exams when required by OSHA and provide workers access to their exposure and medical records -Not discriminate against workers -Post OSHA citations -Provide and pay for PPE
Who is not covered by OSHA?
-Self Employed -Immediate members of farming families not employing outside workers -Mine Workers -Public employees in state and local governments (some states have their own plans covering these workers)
What are some things covered under the right to be free from retaliation?
-Workers should be free of fear or punishment (in OSH act) -Workers have 30 days to contact OSHA if they feel this right is being violated -Workers can refuse to do a job if they feel that they are exposed to imminent danger
What rights do you have under OSHA?
-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 OSHA inspection -be free from retaliation from exercising safety and health rights
What are examples of some health and safety hazards that employers must provide employee training for?
-bloodborne pathogens -noise -fall hazards -PPE
According the right to know about hazardous chemicals, a written hazard communication program MUST be provided and include:
-labels on containers -MSDSs -Worker training- including effects of chemical hazards and protection
What are examples of substances on exposure and medical records?
-metals and dusts, lead, cadmium, silica -Biological agents (bacteria, viruses, fungi) -Physical stress (noise, heat, cold, vibration, repetitive motion, and radiation)
OSHA record-keeping rule
-most employers with more than 10 workers must keep a log of injuries and illnesses (OSHA 300) -workers can review the current log and the logs within the past 5 years -workers can review the annually posted summary of the injuries and illnesses
Employers must:
-report each worker death -report each incident that hospitalizes 3 or more workers -maintain injury and illness records -inform workers how to report an injury or illness -make records available -allow OSHA to access records -post annual summary of injury and illnesses
Workers can file a complaint with OSHA if:
-they feel that health standards have been violated or in an imminent danger situation
What are the four categories of OSHA standards?
1. General Industry 2. Construction 3. Maritime 4. Agriculture
What are the 4 types of penalities?
1. Willful 2. Serious 3. Other-than-serious 4. Repeated
Stages of inspection
1. presenting credentials 2. opening conference 3. the walk-around 4. closing conference 5. citations/penalties 6. appeals process
___ workers die everyday from job injuries, on average.
15
OSHA inspection priority
1: Imminent Danger 2: Fatality/Catastrophe 3: Complaints/Referrals 4: Programmed inspections
Workers have __ days to contact OSHA if they feel their right to be free from retaliation is being violated.
30 days
Over _______ non-fatal workplace injuries and illnesses are reported.
4 million
Workers can review the current log and logs within the past __ years
5
Annually, over _____ workers die from work related injuries.
5,600
When did OSHA become a formal agency?
April 28, 1971
What does CSHO stand for?
Compliance Safety and Health Officer
T/F: Employers known about OSHA inspections prior to the inspection
False
T/F: Workers have to tell OSHA their name when they file a complaint.
False, you can remain anonymous
Which is of higher priority: follow up inspections or programmed inspections?
Follow up inspections
Which category does healthcare fall under?
General Industry
What does NIOSH stand for?
National Institute for Occupational Safety and Health
Who is OSHA's sister agency?
National Institute for Occupational Safety and Health (NIOSH)
Before OSHA, did any laws exist for safety and health hazards?
No
What does OSHA stand for?
Occupational Safety and Health Administration
When was OSHA initiated? By Who?
President Nixon signed the OSH Act on December 29, 1970
Presenting credentials
Stage 1 of inspection -an employer can require OSHA to get a warrant
Opening Conference
Stage 2 of inspection -worker/worker rep participates in all phases of inspection
The Walk-Around
Stage 3 of Inspection -inspect work areas that are potentially hazardous
Closing Conference
Stage 4 of inspection -CSHO meets with employer and worker rep -Violations and times for corrections are discussed
Citations/Penalties
Stage 5 of Inspection -CSHO writes a report. Citations are sent by certified mail. Employer must post them**
Appeals Process
Stage 6 of Inspection -right to disagree with OSHA citation and can request an informal conference with OSHA
"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." Which right is this an example of?
The right to a safe and healthful workplace
T/F: After filing a complain, worker's can find out OSHA's action on the complaint
True
OSHA is an agency of ________.
U.S. Department of Labor
What is covered under the right to examine exposure and medical records?
Workers can examine and copy medical records (records of employer monitoring toxic substances)
T/F: OSHA must provide training to employees on health and safety hazards.
false: it is the employer's responsibility. Employers must provide training on health and safety hazards
What is the main responsibility of OSHA?
health protection and safety of workers
Workers can express their concerns without fear of termination or discrimination, but ________.
the complaint must be in good faith
Who is responsible for providing and paying for PPE?
the employer
Where there are no specific OSHA standards, employers must comply with:
the general duty clause
T/F: OSHA protects workers who complain to their employer about unsafe or unhealthy conditions in the workplace.
true
T/F: an employer can require OSHA to get a warrant
true
T/F: A written hazard communication program must be provided by every employer.
true-- under the right to know about hazardous chemicals
Other than serious citation
up to $7,000 for each ex: poor housekeeping, creating a tripping hazard
Serious citation
up to $7,000 for each; mandatory ex: not providing guarding for works on a 25 foot scaffold, most likely result in death
Willful Citation
up to $70,000 for EACH minimum of $5,000 for EACH Intentionally commits violation
Repeated citation
up to $70,000 for each