mgmt. 433 Chapter 5
OSHA Act with the following stated purpose:
"To assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources."
The Demonstration Program
"for companies that provide Star-quality worker protection in industries where certain Star requirements can be changed to include these companies as Star participants."
Failure to abate prior violation
- a failure to correct a prior violation may bring a civil penalty for each day that the violation continues beyond the prescribed abatement date.
Willful violation
- a violation that the employer intentionally and knowingly commits.
Division of Training and Manpower Development (DTMD)
- implements OSH Section 21 training and education requirements. -Develops programs to increase the numbers and competence of safety & health professionals.
Formal appeals are of two types:
-A petition for modification of abatement. -A notice of contest.
All occupational illnesses/injuries must be reported if they result in one or more of the following:
-Death of one or more workers -One or more days away from work -Restricted motion or restrictions to the work that an employee can do -Loss of consciousness of one or more workers -Transfer of an employee to another job -Medical treatment beyond in-house first aid (if it is not on the first-aid list, it is considered medical treatment) -Any other condition listed in Appendix B of the rule.
OSHA priority lists:
-Imminent danger -Catastrophic fatal accidents -Employee complaints -Planned high hazard inspections -Follow up inspections
Exempted employers are:
-Persons who are self-employed. -Family farms that employ only immediate family members. -Federal agencies covered by other federal statutes. -State and local governments. -Coal mines—regulated by mining-specific laws.
NIOSH is part of the Department of Health and Human Services (HHS), with two broad functions:
-Research and education, focused on toxicity levels and human tolerance levels of hazardous substances.
Serious violation
-a violation in which there is a high probability that death or serious physical injury may result, and that the employer knew or should have known of the hazard. -OSHA proposes a mandatory penalty for each serious violation, which may be adjusted downward depending on the employer's good faith, history of prior violations, and the gravity of the alleged violation.
Other-than-serious violation
-a violation with a direct relationship to job safety & health, but probably would not cause death or serious physical harm. -A proposed penalty of up to $7,000 for each violation is discretionary, and may be adjusted downward by as much as 95%.
Petition for Modification of Abatement (PMA)
-available to employers who intend to correct the situation cited, but who need more time, includes: -Length of additional time needed for compliance and why. -Descriptions of the steps being taken to protect employees during the interim. -Verification the PMA has been posted for employee information & the employee representative has a copy.
Special circumstances of when employers may be given 24 hours of notice of inspection:
-imminent danger conditions exist -special employer preparation is required. -inspection must take place at times other than during regular business hours - it is necessary to ensure the employer, employee representative and other pertinent personnel will be present - local OSHA director for OSHA advises it
De minimis violation
-violations of standards that have no direct bearing on safety & health.
Tort
Action involving a failure to exercise reasonable care that as result may lead to civil litigation
Notice of Contest
An employer who does not wish to comply may file a Notice of Contest against a citation, an abatement period, and/or a penalty.
Contributory negligence
An injured party contributed in some way to his or her own injury
Ability to pay
Applies when there are a number of defendants in a case, but not all have the ability to pay financial damages
compensatory damages
Awarded to compensate for injuries suffered and for those that will be suffered
Punitive damages
Awarded to ensure that a guilty party will be disinclined to engage in negligent behavior in the future
liability
Duty to compensate as a result of being held responsible for an act or omission
Gross negligence
Failure to exercise even slight care or intentional failure to perform duties properly, regardless of the potential consequences
Negligence
Failure to take reasonable care or failure to perform duties in ways that prevent harm to humans or damage property
Damages
Financial awards assigned to injured parties in a lawsuit
Foreseebility
Holds that a person can be held liable for damages or injury only when risks could have been reasonably foreseen
Strict liability
Means a company is liable for damages caused by a product it produces, regardless of negligence or fault
Slight care
Measure of care less than what a prudent person would take
OSHA Standards versus OSHA Regulations
OSHA issues both standards and regulations. OSHA standards address specific hazards such as working in confined spaces, handling hazardous waste, or working with dangerous chemicals. Regulations are more generic than standards, in some cases, and more specific in others. Regulations do not apply to specific hazards, and do not require the rigorous review process standards go through.
Standard
Operational principle, criterion, or requirement- or a combination of these
code
Set of standards, rules, or regulations relating to a specific area
Due care
That all people have a legal obligation to exercise the care necessary to avoid, to the extent possible, bringing harm to others or damage to their property
OSHA
The Occupational safety & health Administration
Great care
The amount of care that would be taken by an extraordinarily prudent person in exercising his or her legal obligations toward others
Reasonable care
The amount that would be taken by a prudent person in exercising his or her legal obligations toward others
Proximate cause
The cause of an injury or damage to property ( it is that action or lack of action that test one person's injuries to another's lack of reasonable care)
True/False: OSHA may conduct inspections unannounced, and except under special circumstances, prior notice is a crime punishable by fine, imprisonment, or both.
True
True/False: OSHA must publish intentions adopt, amend, or revise standards in the Federal Register.
True
OSHA Form 301
Used for every incidence of a recordable injury or illness (must be completed within seven calendar days)
OSHA Form 300
Used to record information about work-related death and every work related injury or illness that: Involves loss of consciousness, restricted work activity, job transfer, days away from work, or medical treatment beyond first aid
Repeat violation
a violation where, on reinspection, a substantially similar violation is found.
The Advisory Committee on Construction safety & health
advises the secretary of labor on standards and regulations relating specifically to the construction industry.
Willful/reckless conduct
behavior that is even worse than gross negligence is willful/reckless conduct (it involves intentionally neglecting one's responsibility to exercise reasonable care)
The Division of Biomedical and Behavioral Science (DBBS)
conducts research in the areas of toxicology, behavioral science, ergonomics, and the health consequences of various physical agents.
Division of Surveillance, Hazard Evaluations, and Field Studies (DSHEFS)
conducts surveillance of workforces and workplaces. -To assess the magnitude and extent of job-related illnesses, exposures, and hazardous agents.
Division of Respiratory Disease Studies (DRDS)
is the focal point for clinical/epidemiological research on occupational respiratory diseases.
Merit Program
less strenuous than the Star Program, is seen as a steppingstone to recognize companies that have made a good start toward Star Program recognition.
The National Advisory Committee on Occupational safety & health (NACOSH)
makes recommendations on standards to the secretary of health and human services and to the secretary of labor.
advance notice of proposed rule making
may be used instead of the regular notice when necessary to solicit input before drafting a rule.
notice of proposed rule making
must explain the terms of the new rule, delineate proposed changes to existing rules, or list rules that are to be revoked.
Star Program
recognizes companies that have incorporated safety & health into their regular management system so successfully that their injury rates are below the industry national average.
The general duty clause of the OSH Act requires:
that employers provide a workplace free from hazards that are likely to harm employees.
The National Institute for Occupational safety & health (NIOSH)
was established by the OSH Act. Part of the Department of Health and Human Services, NIOSH has an education and research orientation