Introduction to OSHA

What is OSHA? How do they operate? Occupational Safety and Health Administration (OSHA) OSH Act of 1970 Regional and area offices Standards Inspections Citations and Penalties

OSHA Standards 29 CFR 1910 5a1 General duty clause “29” Labor “CFR” Code of Federal Regulations “1910” General Industry 5a1 General duty clause Horizontal Vs. Vertical Performance Vs. Specification CPL/STD Documents

OSHA Standards Development Standards adoption process Advance Notice of Proposed Rulemaking * Notice of Proposed Rulemaking * Public Hearing Comment Period Final Standard * Emergency temporary standards Variances * = Published in Federal Register

INSPECTION PRIORITIES Imminent Danger Fatalities and Catastrophes Complaints Formal Non-formal Referrals Programmed Follow Up (Especially Willful & Repeat)

OSHA INSPECTION Opening Conference Walkaround Inspection Closing Conference

HIGHLIGHTS OF AN OPENING CONFERENCE CSHO: Presents credentials Explains purpose of inspection Requests employee participation Outlines scope of the inspection Determines employers on site (Continued)

HIGHLIGHTS OF AN OPENING CONFERENCE CSHO: Reviews OSHA Logs Verifies HazCom Program Verifies Safety and Health Program May verify Access to Employee Exposure and Medical Records (1910.1020) Verifies OSHA Poster

HIGHLIGHTS OF AN OSHA WALKAROUND INSPECTION CSHO: Identifies potential S&H hazards Determines employee awareness & knowledge Evaluates PPE selection, maintenance & use Documents apparent violations Photographs or videotapes them Questions employees privately

HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE CSHO: Gives Employer Rights & Responsibilities Following an OSHA Inspection. Explains: Employer’s Rights Contest Procedures Informal Conference Penalties Consultation Services

HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE CSHO: Discusses apparent violations Asks for abatement of violations

CITATION TYPES Serious There is a substantial probability that death or serious physical harm could result, and the employer knew or should have known or the hazard. Maximum Penalty: $7,000.

CITATION TYPES Other-Than-Serious Not serious, but impacts the safety and health of employees.

CITATION TYPES Willful Employer committed an intentional and knowing violation or showed plain indifference to the law. Maximum Penalty: $70,000. Minimum Penalty: $25,000 ($5,000 for less than 50 employees)

CITATION TYPES Repeat Violation of the same or similar standard within 3 years. Employers with more than 250 employees: First Repeat - Multiply penalty times 5. Second Repeat - Multiply penalty times 10.

CITATION TYPES Repeat Violation of the same or similar standard within 3 years. Employers with less than 250 employees: First Repeat - Multiply penalty times 2. Second Repeat - Multiply penalty times 5.

CITATION TYPES De Minimus Violation which has no direct or immediate relationship to employee safety and health. No Penalty.

REGULATORY VIOLATIONS No OSHA Poster $1,000 No OSHA 200 Log $1,000 Failure to post citations $3,000 Failure to report within 8 hours a fatality or accident which hospitalizes 3 or more employees $5,000

Penalty Adjustment Factors Size: No. of Employees Reduction 1 - 25 60% 26 - 100 40% 101 - 250 20% More than 250 None Good Faith Effort 25% History (Last 3 Years) 10%

CITATION APPEALS Citations received Informal Conference Contest Citation(s) Administrative Law Judge OSHA Review Commission U.S. Court of Appeals U.S. Supreme Court

MULTI-EMPLOYER WORKSITES Citations issued to exposing employer. Citations can also be issued to: 1. Employer who creates the hazard, 2. Employer responsible for overall site safety, and 3. Employer responsible for correcting the hazard.

What Resources Are Available? Consultation program OSHA web page : http://www.osha.gov/ OSHA CD-ROM : 202-783-3238 OSHA Training Institute & Ed Centers OSHA hotline : 1-800-321-OSHA OSHA area and regional offices ASSE, AIHA, other trade groups

OSHA Consultation Program No cost, confidential assistance On-site assistance with safety, health, ergonomics Serious hazard obligation! Sometimes there is a backlog Focused compliance assistance or comprehensive assistance