Occupational Safety & Health Administration
Implementation of the OSH Act Continued
-Provided for: - Research support of the OS&H field - Training of OS&H professionals - Encourage states to assume OSHA-related responsibilities - Established employer reporting standards for injuries, illnesses, and fatalities.
Top 10 FY '11 General Industry OSHA Violations
1. Hazard Communication 2. Respiratory Protection 3. Lockout/Tagout 4. Electrical, Wiring Methods 5. Powered Industrial Trucks (fork lift) 6. Electrical, General Requirements 7. Machine Guarding 8. Recordkeeping 9. Personal Protective Equipment 10. Mechanical Power Transmission Apparatus
Inspection Priorities
1. Imminent danger 2. Fatality/catastrophe investigation 3. Investigate a compliant or referral 4. Programmed or follow-up inspection
Other Than Serious Violation
A situation where the accident or illness resulting from the hazardous condition would probably not cause death or serious injury.
Willful Violation
A type of serious violation where intentional disregard of the act occurs. - REPEATED - from a pervious identified hazard - ENGREGIOUS - Highly flagrant or obvious violation but no criminal charges are filed - CRIMINAL - Fatality occurs as the result of disregard for OSHA regulations, them criminal charges are likely against top management individuals
Closing Conference
- Conducted at conclusion of inspection - Requires employer & employee representation - Specific hazards and violations of applicable standards are to be discussed - Possible forms of abatement may be offered
Employer Recommendations During an OSHA Inspection
- Do not require officer to get a warrant - Be courteous - Let the officer lead the way - Write down everything the officer does - Attempt to immediately abate identified violations - Don't elaborate on questions/comments - Offer only what the officer asks for.
Administration of the Law
- Secretary of Labor - Thomas Perez - Administers of the OSH Act - Asst. Secretary of Labor - David Michaels - Director of OSHA
Serious Violation
- Substantial probability exists that death or serious injury will occur. - Determined by the following criteria: - The type of standard that is violated - Whether the type of injury or illness exposure could cause death/serious harm. - Whether the employer knew or should have known of the presence of the hazardous condition.
Appeals Process
- The employer has 15 working days to formally appeal a citation or penalty - The appeal must specify the issue with the citation, penalty, or both - Area OSHA Director must transmit formal appeal to the Review Commission
Employee Rights
- To request an OSHA site inspection - To have representation during an inspection - To access worker injury/illness records - To be protected from possible employer retaliation for requesting an inspection
Applicability of the OSH Act
Every employer engaged in business affecting commerce who has employees is subject to the provisions of the OSH Act.
Occupational Safety and Health Review Commission
Responsibilities - Conduct hearings when citations of noncompliance are formally contested by an employer - Determine whether or not contested violations are legitimate
Occupational Safety and Health Administration
Responsibilities - Establish mandatory safety and health standards - Determine compliance to standards - Propose penalties for noncompliance - Investigate fatal and non-fatal events
National Institute of Occupational Safety & Health
Responsibilities - Recommend new safety and health standards - Conduct safety and health research - Conduct/support educational programs for OS&H Professionals
OSHA Penalties vs Worker Compensation Cost
Wisconsin Total OSHA Fines 4.1 million Wisconsin Total Worker Comp. 1.7 billion 4,100,00/1,700,000,000 = 0.0024 = 0.24% So what should we focus on more - managing our OSHA compliance or controlling our risks that create loss? (2011 figures)
Employer's Rights
- Be advised of the reason for an OSHA site visit - Participate in inspections - Contest citations - Apply for Standard Variances - Temporary - Permanent - Discipline employees who fail to follow safety standards and regulations
Ensuring Compliance with OSHA Standards
- Be proactive Risk Manager - Know standards applicable to your business - Understand and emphasize the positive reason(s) for the standard(s) - Be able to recognize the hazards which the standards address - Abate the hazards in accordance with recognized safety & Health standards
Implementation of the OSH Act
- Encourage employers and employees to: - Abate Hazards in the workplace - Establish employer/employee safety-related responsibilities - Develop and perfect safety programs - Authorized OSHA to: - Set mandatory safety and health standards - Perform work-site inspections - Provide effective enforcement
OSHA Inspection Process
- Ensures if the employer is in compliance - Officer has various inspection-related rights: - Inspect areas respective to complaint - Expand scope of inspection if causes for concern - Interview selected employees - within reason - Photograph equipment and/or employees - Review injury/illness, training, or written program documentation
Employer Recommendations During the Closing Conference
- Keep non-aggressive & cordial - Include top management in meeting - Have a competent person to take notes - Have officer review each apparent violation and the applicable standard(s) - Try to have officer commit to the fine amount - Avoid committing to an abatement date
State Enforced Plans
- Must have a designated agency to carry out the plan. - Must be as effective as the Federal plan - May be more strict than the Federal standards, but not less - Must demonstrate enforcement abilities - Must have adequate funding - Can be revoked by Federal OSHA
Agencies Created by the OSH Act
- OSHA - Occupational Safety & Health Administration - OSHRC - Occupational Safety and Health Review Commission - NIOSH - National Institute of Occupational Safety and Health
OSHA Workplace Posting Requirements
- OSHA Poster - "Safety and Health Protection on the Job" - Summary posted in the workplace during Fe., March, & April for previous year. - Waring of potential exposure to toxic materials (1910.1200) - Warning of physical hazards (noise) - Citation upon receipt from OSHA
OSHA Inspection - Opening Conference
- Officer exhibits his/her credentials - Officer must inform the employer of the purpose of the visit. - Officer can not inform the employer of the complaining employee's name
Major Types of OSHA Violations
- Other than Serious - Serious - Willful
History of the Occupation Safety & Health Act
- Proposed by Williams and Steiger - December, 1970: became public law - May 1971: Enforced by federal government
OSHA Standards
- Published by the Department of Labor - General Duty Clause (Section 5(a)(1)) - Broken down by major CFR topical areas - 1900-1910 - General Industry - 1915 - Shipyard - 1917 - Marine Terminals - 1918 - Longshoring - 1925 - Federal Service Contracts - 1926 - Construction Industry
Penalties
-Civil Penalties - Other-than-serious or Serious : maximum of $7,000 per violation - Willful: maximum of $70,000/day/violation - Egregious: maximum of $70,000/violation (case by case; within a six month period) -Criminal Penalties - Fine and imprisonment can result from willful violation that causes death
OSHA Informal Conference
Employers may request an informal conference with the OSHA Director - Resolve a dispute over a citation or penalty - Clarify applicable standards - Solicit ideas on ways to abate a violation - Discuss proposed penalties - Discuss proposed abatement deadlines
Worker Fatality and Injury Reporting Requirements
Employers must report certain work-related event to the nearest OSHA office within 8 hours - Fatality - In-patient Hospitalization - Amputation - Loss of an Eye Such events may/may not be followed up on based on the controlling agency/juridiction
OSHA Recordkeeping Requirements
Employers' with 11 or more employees must keep written injury and illness-related records - OSHA 300 Log or recordable illnesses/injuries - Must be updated within 7 calendar days - Must be maintained for past 5 calendar years - Must be maintained for each location - Excludes common carrier/vehicle accident injuries - OSHA 301 Supplementary record - Contains more detailed accident information - Limited union/employee access to some information
General Employer's Responsibilities
Shall furnish to each employee, a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm. - Above the phrase is taken from section 5 (a)(1) of the OSH Act and is regarded as the "General Duty Clause"
Purpose of the OSH Act
To assure every working man & woman in the nation a safe and healthful working conditions, and to preserve our human resources.