Introduction to OSHA O ccupational S afety and H ealth A dministration

OSHA’s mission v Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs 1a

OSHA’s mission v Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems 1b

OSHA’s mission v Establish separate but dependent responsibilities and rights for employers and employees for the achievement of better safety and health conditions 1c

OSHA’s mission v Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses v Establish training programs to increase the number and competence of occupational safety and health personnel 1d

OSHA’s mission v Develop mandatory job safety and health standards and enforce them effectively v Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 1e

OSH Act coverage v Employers v Employees 2a

OSH Act coverage v Not covered self-employed personsself-employed persons farms at which only immediate member of the farm employer’s family are employedfarms at which only immediate member of the farm employer’s family are employed workplaces already protected by other federal agencies under other federal statutesworkplaces already protected by other federal agencies under other federal statutes 2b

OSH Act coverage v Coverage may be under a state job safety and health plan 2c

Requirements of the General Duty Clause v What is the General Duty Clause? v How does OSHA use the General Duty Clause? v Steps company is taking that go beyond compliance with OSHA standards 3a

Workplace inspections v Authority v Normally notice is not given v Employees’ representative must be informed 4a

Inspection priorities v Imminent danger v Catastrophes and fatal accidents v Employee complaints 5a

Inspection priorities v Programmed inspections v Follow-up inspections v Records review 5b

Procedures for Inspections v Inspector’s credentials v Opening conference v Inspection process v Closing conference 6a

Citations v Informs employers and employees of the regulations and standards alleged to have been violated v The employer must post a copy 7a

Citations v Appeals by employees may be made on: decision not to issue a citationdecision not to issue a citation time allowed for abatement of a hazardous conditiontime allowed for abatement of a hazardous condition v Employees may not appeal a citation, but may submit a written objection 7b

Citations v Employers may appeal citation 7c

Penalties v Categories of Violations seriousserious other-than-seriousother-than-serious willfulwillful repeatrepeat failure to abatefailure to abate 8a

Penalties v Additional violations for which citations and penalties may be issued falsifying recordsfalsifying records assaulting a compliance officerassaulting a compliance officer 8b

Contesting a citation v Informal conference request may be made prior to deciding to contest obtain a better explanation of the violations citedobtain a better explanation of the violations cited obtain a more complete understanding of the specific standards which applyobtain a more complete understanding of the specific standards which apply 9a

Contesting a citation v Informal conference request may be made prior to deciding to contest negotiate and enter into an informal Settlement Agreementnegotiate and enter into an informal Settlement Agreement Discuss ways to correct the violationsDiscuss ways to correct the violations Discuss problems with the abatement datesDiscuss problems with the abatement dates 9b

Contesting a citation v Informal conference request may be made prior to deciding to contest Discuss problems concerning employee safety practicesDiscuss problems concerning employee safety practices Resolve disputed citations and penaltiesResolve disputed citations and penalties Obtain answer to any other questionsObtain answer to any other questions 9c

Contesting a citation v Notice of Contest must clearly state: what is being contestedwhat is being contested –the citation –the penalty –the abatement date –any combination of these which violations on the citation are being contestedwhich violations on the citation are being contested 9d

Employer responsibilities v Meet the general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, and comply with standards, rules and regulations issued under the Act 10a

Employer responsibilities v Be familiar with mandatory OSHA standards and make copies available to employees for review upon request v Inform all employees about OSHA 10b

Employer responsibilities v Examine workplace conditions to make sure they conform to applicable standards v Minimize or reduce hazards 10c

Employer responsibilities v Make sure employees have and use safe tools and equipment (including appropriate personal protective equipment), and that such equipment is properly maintained 10d

Employer responsibilities v Use color codes, posters, labels or signs when needed to warn employees of potential hazards v Establish or update operating procedures and communicate them so that employees follow safety and health requirements 10e

Employer responsibilities v Provide training required by OSHA standards (e.g., hazard communication, lead, etc.) 10f

v Provide medical examinations when required by OSHA standards Employer responsibilities 10g

Employer responsibilities v Report to the nearest OSHA office within 8 hours any fatal accident or one which results in the hospitalization of three or more employees 10h

Employer responsibilities v Keep OSHA-required records of work-related injuries and illnesses, and post a copy of the totals from the last page of OSHA No. 200 during the entire month of February each year (this applies to employers with 11 or more employees) 10i

Employer responsibilities v Post, at a prominent location within the workplace, the OSHA poster (OSHA 2203) informing employees of their rights and responsibilities (in states operating OSHA-approved job safety and health programs, the state's equivalent poster and/or OSHA 2203 may be required ) 10j

Employer responsibilities v Provide employees, former employees, and their representatives access to the Log and Summary of Occupational Injuries and Illnesses (OSHA No. 200) at a reasonable time and in a reasonable manner 10k

Employer responsibilities v Provide access to employee medical records and exposure records to employees or their authorized representatives 10l

Employer responsibilities v Cooperate with OSHA compliance officer by furnishing names of authorized employee reps who may be asked to accompany the officer during an inspection (if none, the officer will consult with a number of employees about safety & health in the workplace.) 10m

Employer responsibilities v Not discriminate against employees who properly exercise their rights under the Act 10n

Employer responsibilities v Post OSHA citations at or near the worksite involved. Each citation, or copy thereof, must remain posted until the violation has been abated, or for three working days, whichever is longer 10o

Employer responsibilities v Abate cited violations within the prescribed period 10p

Employer rights v Seek advice and off-site consultation as needed by writing, calling or visiting the nearest OSHA Office (OSHA will not inspect merely because an employer requests assistance) 10q

Employer rights v Be active in industry associations involved in job safety and health 10r

Employer rights v Request and receive proper identification of the OSHA compliance officer prior to inspection v Be advised by the compliance officer of the reason for an inspection 10s

Employer rights v Have an opening and closing conference with the compliance officer v Accompany the compliance officer on the inspection 10t

Employer rights v File a Notice of Contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty 10u

Employer rights v Apply to OSHA for a temporary variance from a standard if unable to comply because of the unavailability of materials, equipment or personnel needed to make necessary changes within the required time 10v

Employer rights v Apply to OSHA for a permanent variance from a standard if the employer can furnish proof that their facilities or method of operation provide employee protection at least as effective as that required by the standard 10w

Employer rights v Take an active role in developing safety & health standards through participation in OSHA Standards Advisory Committees, through nationally recognized standards- setting organizations and through evidence and views presented in writing or at hearings 10x

Employer rights v Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection 10y

Employer rights v Submit a written request to NIOSH for information on whether any substance in your workplace has potentially toxic effects in the concentrations being used 10z

Employee responsibilities v Read the OSHA poster at the jobsite v Comply with all applicable OSHA standards 11a

Employee responsibilities v Follow all employer safety and health rules and regulations, and wear or use prescribed protective equipment while engaged in work v Report hazardous conditions to the supervisor 11b

Employee responsibilities v Report any job-related injury or illness to the employer, and seek treatment promptly v Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions in your workplace 11c

Employee responsibilities v Exercise your rights under the Act in a responsible manner 11d

Employee rights v Right to seek safety and health on the job without fear of punishment 11e

Employee rights v Employers may not punish workers for exercising rights such as: complaining to an employer, union, OSHA, or any other government agency about job safety and healthcomplaining to an employer, union, OSHA, or any other government agency about job safety and health filing safety or health grievancesfiling safety or health grievances 11f

Employee rights v Employers may not punish workers for exercising rights such as: participating on a workplace safety and health committee or in union activities concerning job safety and healthparticipating on a workplace safety and health committee or in union activities concerning job safety and health 11g

Employee rights v Employers may not punish workers for exercising rights such as: participating in OSHA inspections, conferences, hearings or other OSHA-related activitiesparticipating in OSHA inspections, conferences, hearings or other OSHA-related activities 11h

Employee rights v Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace 11i

Employee rights v Request information from your employer on safety and health hazards in the area, on precautions that may be taken, and on procedures to be followed if an employee is involved in an accident or is exposed to toxic substances 11j

Employee rights v Receive adequate training and information on workplace safety and health hazards v Request the OSHA area director to conduct an inspection if you believe hazardous conditions or violations of standards exist in your workplace 11k

Employee rights v Have your name withheld from your employer, upon request to OSHA, if you file a written and signed complaint 11l

Employee rights v Be advised of OSHA actions regarding your complaint and have an informal review, if requested, of any decision not to inspect or to issue a citation 11m

Employee rights v Have your authorized employee representative accompany the OSHA compliance officer during the inspection tour 11n

Employee rights v Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer 11o

Employee rights v Observe any monitoring or measuring of hazardous materials and have the right to see these records, as specified under the Act 11p

Employee rights v Have your authorized representative, or yourself, review the Log and Summary of Occupational Injuries (OSHA No. 200) at a reasonable time and in a reasonable manner 11q

Employee rights v Request a closing discussion with the compliance officer following an inspection 11r

Employee rights v Submit a written request to NIOSH for information on whether any substance in your workplace has potentially toxic effects in the concentration being used, and have your name withheld from your employer if you so request 11s

Employee rights v Object to the abatement period set in the citation issued to your employer by writing to the OSHA area director within 15 working days of the issuance of the citation 11t

Employee rights v Be notified by your employer if he or she applies for a variance from an OSHA standard, and testify at a variance hearing and appeal the final decision 11u

Employee rights v Submit information or comment to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing 11v