SAFE 101 Chapter 5

Safety Professionals & Impacts of the Law “Awareness of how many potential adversaries there may be will increase the effectiveness of the safety professional.”

Distribution of Federal & State Powers US Department of Labor Operates through OSHA OSHA Writes legally enforceable standards State OSHA Must be at least effective as comparable federal standard CDC NIOSH Hazard Assessment If no standard applies GENERAL DUTY CLAUSE

Distribution of Federal & State Powers Occupational Safety and Health Review Commission (OSHRC) Administrative Judge (disallow or schedule trial) If ruling disagreed by either party Request review by OSHRC If disagree with OSHRC ruling US Court of Appeals

KEY REGULATORY TERMS Policy Law Rule, Regulation Policy Published statement, speech or announcement to undertake the workers protection that the agency seeks that would be implemented through rules. Guidance document Precedent Standards

How Does The Safety Professional View OSHA? Is a Safety Professional necessary if the employer knows OSHA standards? Is OSHA a help or a Hindrance in Safety Provisions? What should a Safety Professional write?

Interaction With OSHA Regulators Be “no-nonsense” businesslike Do not provoke Be prepared: know the standards! An OSHA inspection can improve safety for employee benefits

INTERACTIONS WITH REGULATORS Violation categories: Other than serious Serious Willful Repeated Failure to abate De Minimus

NEXT CLASS QUIZ 1 Chapters 1 to 5 Multiple Choice & Short Answer