Course #7510 Introduction to OSHA for Small Businesses in the Welcome to Course #7510 Introduction to OSHA for Small Businesses in the Printing Industry

Objectives Describe the tools OSHA uses to reduce workplace injuries and illnesses Identify basic employer and employee responsibilities and rights under OSHA Recognize how OSHA standards are organized and developed Select the steps of the OSHA inspection process Recognize the four elements of a safety and health management system Obtain information about compliance assistance

Overview Small Businesses Represent more than 99.7% of employers Employ more than half of all private sector employees Pay 44.5% of total U.S. private payroll Generate 60 – 80% of new jobs annually

OSHA’s Establishment – Occupational Safety and Health Administration Law signed on December 29, 1970 To provide worker safety and health protection

Why OSHA is Needed Prior to 1970 • More than 14,000 worker deaths annually • 2.5 million workers disabled by work-related injuries • Estimated 300,000 cases of work-related illness

OSHA’s Impact Since 1970 • Work-related fatalities cut by 62% • Overall injury and illness rate reduced 42% Brown lung disease eliminated Trenching fatalities reduced 35%

OSHA’s Tools • Outreach, education and compliance assistance • Strong, fair and effective enforcement • Outreach, education and compliance assistance • Partnerships and other cooperative programs

Summary of Section 1 - Background of OSHA • When was the Occupational Safety and Health Act signed? Why was OSHA necessary? What are the 3 tools OSHA uses to fulfill its mission?

OSHA Coverage Does not cover: • All private sector employers and their employees in the U.S. and its territories and jurisdictions Does not cover: The self-employed Immediate members of farming families with no outside workers Mine workers, certain truckers and transportation workers, atomic energy workers Public employees OSHA Coverage

OSHA Coverage Dana Wilson, a public school teacher at Apple Valley Elementary. Harry Adams, a miner at Below Ground Inc. Adrian Smith, one of 3 employees of ABC landscaping. Taylor Dell, an accountant in business for herself.

Major Employer Responsibilities • Provide a workplace free from recognized hazards Comply with OSHA standards and regulations Be familiar with standards applicable to your workplace and make copies available

Major Employer Rights Obtain free advice and on-site consultation • Accompany compliance officer on inspection Request an informal conference Contest citations and penalties

Employee Responsibilities and Rights Responsibilities include: Complying with OSHA standards Wearing required PPE Reporting hazards to supervisor Rights include: Reviewing standards Receiving training Requesting an OSHA investigation Reviewing the OSHA 300 Log

Section 11(c) Discrimination can include: Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Reassignment affecting future promotions Reducing pay or hours

Coverage, Responsibilities and Rights Summary of Section 2 - Coverage, Responsibilities and Rights True or False? The OSH Act covers the self-employed. Name one of an employer’s three major responsibilities under OSHA. What is Section 11(c)?

OSHA Standards Overview 29 CFR (Code of Federal Regulations) 1910 – General Industry 1926 – Construction 1915, 1917 & 1918 – Maritime

Finding Standards on OSHA’s Website Click on the graphic to access Text Search on the OSHA website or go to: http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=0&p_keyvalue=

Frequently Cited Standards in the Printing Industry Standards cited Number of times the standard was cited by Federal OSHA October 2005 through September 2006.

General Duty Clause Section 5(a)(1) of the Act Employers must furnish a place of employment free from recognized hazards Applies when there is no specific standard

How OSHA Develops Standards OSHA initiates or in response to petitions from other parties Intention to propose, amend, or revoke a standard published in the Federal Register Interested parties may submit written information; OSHA may schedule a public hearing Final outcome is a standard or amendment, or a determination that none is necessary

Reporting and Recordkeeping Report fatality/catastrophes within 8 hours Maintain injury and illness records Post annual summary February 1 to April 30 If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.

Summary of Section 3 - Standards OSHA standards are broken into parts. Which part contains standards for General Industry? What must employers report to OSHA within eight hours?

Inspection Priorities Imminent danger Catastrophes and fatal accidents Employee complaints Referrals Planned or Targeted inspections Follow-up inspections

Inspection Process Opening conference Walk Around Closing conference

Opening Conference Purpose of inspection is described A copy of the complaint is provided, if applicable Employees are included, unless employer objects Scope of the inspection is discussed, including: Private employee interviews Physical inspection of the workplace and records Possible referrals Discrimination complaints Closing conference

Walk Around Representatives Generally include employer designated and employee designated representatives

Records Review Compliance Officer: Checks that OSHA poster is displayed Reviews injury and illness records for three prior calendar years Checks for posting of Injury and Illness Summary (February 1 – April 30)

Walk Around Inspection The main purpose of the walk around inspection is to identify potential safety and/or health hazards in the workplace Walk around includes: Evaluation of safety and health program Recording of all facts pertinent to an apparent violation Collecting samples Taking photographs and video Interviews Apparent violations shall be brought to the attention of employer and employee representatives at the time they are documented. For each apparent violation, CSHO’s will record (at a minimum) the identity of the exposed employee, the hazard to which the employee was exposed, the employee’s proximity to the hazard, the employer’s knowledge of the condition, and the manner in which important measurements were obtained. The CSHO determines as soon as possible after the start of the inspection whether sampling, such as but not limited to air sampling and surface sampling, is required by utilizing the information collected during the walk around and from the pre-inspection review. Summaries of the results are provided to the appropriate employees and employer representatives. Interviews - Section 8(a)(2) of the Act authorizes the CSHO to question any employee privately during regular working hours in the course of an OSHA inspection. Individual interviews are authorized even when there is an employee representative present.

Abatement Assistance CSHO’s will offer appropriate abatement assistance during the walk around as to how workplace hazards might be eliminated The information will provide guidance to the employer in developing acceptable abatement methods or in seeking appropriate professional assistance Use of specific product names when recommending abatement measures does not imply OSHA endorsement of any product or service

Closing Conference At the conclusion of an inspection, the CSHO conducts a closing conference with the employer and the employee representatives, jointly or separately, as circumstances dictate. The closing conference may be conducted on site or by telephone, as determined by the CSHO

OSHA Citations Inform employers and employees of: Regulations and standards the employer allegedly violated Hazardous working conditions Proposed length of time set for abatement of hazards Any proposed penalties

Citations and Penalties The CSHO reports findings to the area director, who evaluates them If a violation exists, OSHA will issue a Citation and Notification of Penalty Citations and notices of proposed penalties are sent by certified mail Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation abated, whichever is longer Employers must comply with the posting requirements even if they contest the citation.

Violations and Penalties Other-than-serious Serious (up to $7,000) Willful (up to $70,000) Repeated (up to $70,000) Failure to abate

Appeals Process May seek an informal conference or settlement prior to contest Contest must be done within 15 working days In writing to area office

Informal Conferences Before deciding whether to file a contest, employers are encouraged to request an informal conference Informal conferences must be held within the 15 working day contest period

Informal Conferences and Settlement During informal conferences, employers can: Obtain a better explanation of the violations or standards Negotiate and enter into an informal settlement agreement Discuss methods of correction or problems with abatement dates Resolve disputed citations and penalties Obtain answers to other questions

Additional Information More information about informal conferences, the appeals process, and employer options following an OSHA inspection is available in: OSHA Publication 3000, Employer Rights and Responsibilities Following an OSHA Inspection http://www.osha.gov/Publications/osha3000.pdf

OSHA Inspection Process Summary of Section 4 - OSHA Inspection Process What are the stages of an OSHA inspection? What are the types of OSHA violations?

Safety and Health Management System Four elements: Management Leadership and Employee Involvement Worksite Analysis Hazard Prevention and Control Safety and Health Training

Element 1 - Management Leadership and Employee Involvement Motivating force and resources Safety and health is a fundamental value Employee Involvement Workers develop and express their own commitment to safety and health, for themselves and fellow workers

Element 2 – Worksite Analysis Involves 4 major actions: Comprehensive survey of facility Change analysis Routine job hazard analyses (JHA) Periodic and daily inspections

Element 3 – Hazard Prevention and Control Systems used to prevent and control hazards include: Engineering controls Safe work practices Administrative controls Personal protective equipment

Element 4 – Safety and Health Training Types of training include: Orientation training Hazard recognition training Training required by OSHA standards Emergency response training Accident investigation training Emergency drill training

& Health Management System Summary of Section 5 - Implementing a Safety & Health Management System What are the four elements of a safety and health management system? What are some important factors in making your safety and health program successful?

Office of Small Business Assistance Administers On-Site Consultation Program Serves as liaison within OSHA for small businesses Provides outreach and compliance assistance to small businesses The Office of Small Business Assistance works to ensure that OSHA provides small businesses with all of the rights they are entitled to under SBREFA. The Small Business Regulatory Enforcement Fairness Act, or SBREFA was designed to give small businesses assistance in understanding and complying with government regulations and more of a voice in the development of proposed new regulations. Under SBREFA, the Occupational Safety and Health Administration (OSHA) and other Federal agencies must: Produce Small Entity Compliance Guides for some rules Be responsive to small business inquiries about compliance with the agency’s regulations Submit final rules to Congress for review Have a penalty reduction policy for small businesses OSHA’s Penalty Reduction Policy is as follows: 60 percent PENALTY REDUCTION if an employer has 25 or fewer employees 40 percent if the employer has 26-100 employees 20 percent if the employer has 101-250 employees Involve small businesses in the development of some proposed rules through Small Business Advocacy Review Panels. - OSBA coordinates OSHA's participation in Regulatory Fairness Hearings sponsored by the SBA

Click on the slide title to access the Quick Start page or go to: http://www.osha.gov/dcsp/compliance_assistance/quickstarts/index.html

On-Site Consultation Program Free, confidential advice to small and medium-sized businesses Priority to high-hazard worksites Separate from enforcement No penalties or citations Employers may qualify for a one-year exemption from routine inspections Since 1975, Onsite Consultation has: Conducted over a half million Onsite Consultation visits, and Removed more than 25 million employees from hazards Mandated under section 21d of the Occupational Safety and Health Act, the Onsite Consultation Program has been serving small businesses for over 30 years. During this time, the program has had a profound impact on businesses and their employees all over the country.

Other Cooperative Programs

Compliance Assistance Compliance assistance resources Compliance Assistance Specialists (CASs) OSHA website

Training OSHA Office of Training and Education OSHA Training Institute Education Centers In addition, under OSHA’s Outreach Training Program, individuals who complete a one-week OSHA training course are authorized to teach 10-hour or 30-hour courses in construction or general industry safety and health standards. This is the agency’s primary way to train workers in the basics of occupational safety and health. Over the past four years, over 1.2 million students have received training through this program. For additional information, go to: http://www.osha.gov/fso/ote/training/outreach/training_program.html

Summary of Section 6 - Assistance to Small Businesses What are some benefits of working with the On-Site Consultation program? How would you obtain information on resources available to small businesses?

Review of Objectives Describe the tools OSHA uses to reduce workplace injuries and illnesses Identify basic employer and employee responsibilities and rights under OSHA Recognize how OSHA standards are organized and developed Select the steps of the OSHA inspection process Recognize the four elements of a safety and health management system Obtain information about compliance assistance

Closing Any questions? Remember to turn in evaluation forms