Chapter 6 // OSHA

Employee Rights under the OSH Act

1. A safe and healthful workplace 2. Know about hazardous chemicals 3. report injury to employer 4. complain or request hazard correction from employer 5. training 6. file a complaint with OSHA 7. Participate in an OSHA inspection 8. Be free from retaliation for exercising safety and health rights

OSHA's priorities for carrying out workplace inspections are as follows, in order:

1. Imminent Danger 2. Catastrophes (fatality occurred) 3. Workplace complaints 4. Targeted inspections 5. Follow Ups

3 rights from the Worker's Safety and Rights Video

1. They have the right to work in a safe workplace 2. ask questions if something is unsafe// keep an open door policy 3. report job injuries without getting fired. Know your rights!

Some things that OSHA does to carry out its mission are:

1. develop job safety and health standards and enforce them through inspections. 2. Providing training programs to increase knowledge about occupational safety and health 3. Provide for the development, analysis, evaluation and approval of state occupational S&H programs

Four groups of OSHA standards

1. general industry 2. construction 3. Maritime (sea) 4. Agriculture

The OSH act applies to most employers... such as

1. manufacturing 2. construction 3. longshoring 4. agriculture 5. law 6. medicine 7. charity 8. disaster relief 9. organized labor 10. private education

Employer responsibilities

1. meet the general duty responsibility to provide a workplace free from hazards 2. Provide training required by OSHA standards 3. Keep records of injuries and illnesses 4. Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records 5. Not discriminate against workers who exercise their rights 6. Post OSHA citations and hazard correction notices 7. Provide and pay for most PPE..(depends on employment contract)

Employees Responsibilities under the OSH Act

1. read the OSHA poster at the job site 2. comply with all applicable OSHA standards 3. follow safety and health rules and regulations prescribed by the employer and promptly use PPE while engaged in work 4. Report hazardous conditions to the supervisor. 5. Report any job related injury or illness to the employer and seek treatment immediately 6. Cooperate with the OSHA compliance officer conducting the inspection 7. Exercise their rights under the OSH Act in a responsible manner.

Jobs not covered by the OSH Act are...

1. self employed persons 2. family farms 3. federal agencies covered by other federal statutes 4. State and local governments 5. Coal mines (regulated by mining law MSHA)

An average of _____ workers die every day in the workplace

12

More than ________ workers lose their lives on the job each year.

4500

Violation Type: Other-than-serious

A violation that has a direct relationship to safety and health but probably would not cause death or serious physical harm Penalty- Fined

Violation Type: Repreated

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

Violation type: Serious

A violation where there is substantial probability that death or serious physical harm could result and that the employers know, or should have known, of the hazard. Penalty- manditory fine

NIOSH researches under the ____ and publish a list of _____

CDC toxic chemicals

The OSHA Act

Congress established OSHA to make sure that employees are in a safe workplace. They do this by enforcing standards and regulations and issue citations. Of legislation concerning workplace safety and health, the most significant has been the Occupational Safety and Health Act (OSH Act) which was passed in 1970

Federal Agencies

Funded by taxpayer $$ OSHA didn't use fines, they used corrective measures.

Communication .....is..

KEY

OSHA regulation in this area concerns posting of material

OSHA poster 2203 which explains employee rights and responsibilities as prescribed in the OSH Act Copies of all OSHA citations received for failure to meet standards (right to know) OSHA form 300A Summary of workplace injuries and illnesses In addition, employers must also provide employees who request them with copies of the OSH Act and any OSHA rules that may concern them

Right to Know Standard

The Right-to-Know refers to workers' rights to information about chemicals in their workplaces. The federal law that provides these rights is the OSHA Hazard Communication Standard. Private-sector employers must provide chemical information to their workers under the OSHA standard.

The "catch all" clause is..

The general duty clause.

OSHA advisory committees

Two standing committees. 1. National advisory committee on occupational safety and health (NACOSH) 2. Advisory committee on Construction safety and Healthf

what is a standard?

a rule that is designed to protect the employee

Violation type: Willful

a violation that the employers intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. Penalty- Fined

Employees must comply with

all rules and regulations

Per the act, and employer is

any "person engaged in a business affecting commerce who has employees, but does NOT include the US or any State or political subdivision of a state"

Confined space hazards...Always have an

attendant watching / on the outside

How OSHA standards are developed

begins on its own OR in response to petitions from stakeholders including: Other federal agencies, state and local governments, employers, labor organizations, individual private citizens, and NIOSH (national institute for Occupational Safety and Healthy -Research agency S and H)

OSHA is responsible for

developing, adopting, amending, and revoking occupational safety and health standards

General Duty Clause states:

each employer shall furnish a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees. You can issue citations on the spot with this.

Some common most frequently cited standards

fall protection hazard communication scaffolding respiratory protection electrical powered industrial trucks, and ladders!

#1 fatality in Texas Construction is due to

falls!

OSHA does NOT fine

federal agencies since to do so would be to indirectly punish taxpayers

OSHA's protection applies to all

federal government agencies (unless they are covered by another federal statute)

Things that OSHA does include

fire codes electrical standards sanitation air quality lockdown device posters warnings reporting accidents maintaining written compliance programs employee training

Failure to Abate

given a deadline and did not abide by it

good companies....

go above and beyond OSHA - think of OSHA as a minimum standard!

"emphasis program"

in construction safety in texas

OSHA monitors federal agencies

in the same way it monitors private sector employees

OSHA form 300A

is a summary and must be posted by the employer. NOT THE SAME AS form 300

The mission of OSHA

is to assure safe and healthful working conditions for working men and women by setting and enforcing standards, and by providing training, outreach, education, and assistance.

Employer Responsibility: Medical Exam

must be offered to companies with hazardous waste -documentation and monitoring.

Record retention

must keep paperwork on SITE for 3 years. Available for inspection by OSHA at any time.

Anything mining is ..

not related to OSHA. It has its own called MSHA

Fall protection is one

of the most cited

Whistleblower protection programs

provides right to ask questions, provides workers from retaliation and discrimination.

Employer rights under OSH Act

seek advice and consultation as needed by contacting or visiting the nearest OSHA office Request proper ID of the officer Be advised of the reason for inspection Have an opening and closing conference with the officer Accompany the officer on the inspection File a notice of contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty Take an active role in developing safety and health standards through participation in OSHA standard advisory committees.

Employers must be familiar with

the standards applicable to their establishments and ensure employees have and use PPE when required for safety

OSHA may conduct inspections...

unannounced, to see what is truly going on.

Confined space hazards can be dangerous / risky bc...

ventilation issue permits for confined spaces // in house program for employees working in small space

OSHA form 300

very detailed report with private information (HIPPA)

All occupational illnesses and injuries must be reported if they result in one or more of the following:

work related fatalities within 8 hours in-patient hospitalization of any employee one or more days away from work restricted motion of restriction to the work that an employee can do medical treatment beyond in house first aid Work related amputations and losses of an eye within 24 hours.

How has OSHA made a difference?

worker deaths in America are down-on average, from about 38 deaths per day in 1970 to 12 a day in 2013. Worker injuries and illnesses are down-from 10.9 incidents per 100 workers in 1972 to 3.0 out of 100 in 2012.