Introduction to OSHA

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

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

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

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

OSHA INSPECTION l Opening Conference l Walkaround Inspection l Closing Conference

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

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

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

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

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

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

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

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

Penalty Adjustment Factors l Size:No. of EmployeesReduction % % % More than 250 None l Good Faith Effort 25% l History (Last 3 Years) 10%

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

MULTI-EMPLOYER WORKSITES l 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? l Consultation program l OSHA web page : l OSHA CD-ROM : l OSHA Training Institute & Ed Centers l OSHA hotline : OSHA l OSHA area and regional offices l ASSE, AIHA, other trade groups

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