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