1. The OSH Act
and
History

2. Trainer Objectives
Provide students a frame of reference by discussing the history of worker safety, the need for safety regulations and the history of OSHA
Discuss major provisions of the OSHA act, and agency resources
Discuss other federal agencies covered under The ACT

3. Historical Perspectives
America faces serious concerns both abroad and at home
At the same time, occupational injuries and illnesses are increasing in both number and severity
Disabling injuries increased 20 percent during the decade,
Injuries

4. Historical Perspectives
In pressing for prompt passage of workplace safety and health legislation, New Jersey Senator Harrison A. Williams Jr. said,
"The knowledge that the industrial accident situation is deteriorating, rather than improving, underscores the need for action now."
He called attention to the need to protect workers against such hazards as noise, cotton dust, and asbestos*
*All are now covered by OSHA standards

5. Historical Perspectives
In the House, Representative William A. Steiger worked for passage of a bill:
"In the last 25 years, more than 400,000 Americans were killed by work-related accidents and disease. This has resulted in incalculable pain and suffering for workers and their families. Such injuries have cost billions of dollars in lost wages and production."

6. OSH Act of 1970 becomes Law
On December 29, 1970, President Richard M. Nixon signed The Occupational Safety and Health Act of 1970, also known as the Williams-Steiger Act in honor of the two men who pressed so hard for its passage

7. OSH Act of 1970 becomes Law
OSHA was created because of public outcry against rising injury and death rates on the job
Public Law ; The OSH Act
The Act is comprised of 34 sections

8. Section 2 - Congressional Findings and Purpose
Worker injuries and illnesses impose a substantial burden on commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments
The Congress declares its purpose:
To assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources - -

9. Section 2 - Congressional Findings and Purpose
Encourage employers to reduce workplace hazards; by implementing safety and health programs;
Provide for research in solving occupational safety and health problems

10. Section 2 - OSHA’S Purpose
Training programs for occupational safety and health personnel;
Mandatory job safety and health standards and enforce them effectively;
Employer recordkeeping and reporting requirements;
Provide for the development, analysis, evaluation and approval of state occupational safety and health programs

11. Section 4 - The Act’s Coverage
(a)Applies to employment performed in a workplace in a State, the District of Columbia and territories of the US
(b)(2) Supersedes many pre-existing Federal Laws

12. Section 4 - The Act’s Coverage
(b)(1) Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority

13. Federal Agency Coverage-Examples
Federal Railroad Administration (FRA):
OSHA covers facilities
FRA covers tracks, trains, etc..
Federal Aviation Administration (FAA):
OHSA covers to the tarmac
FAA covers past the tarmac

14. Section 5 - Duties (a) Each employer -
(1) Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards* that are likely to cause death or serious physical harm to his employees
(2) Shall comply with occupational safety and health standards promulgated under this Act.
*Where OSHA has not passed specific standards, employers are responsible for following the Act’s general duty clause

15. Section 6 - Occupational Safety and Health Standards
Secretary of Labor, for first two years after Act’s promulgation, enacts many national consensus standards for worker safety and health, and
A 2-year moratorium on legal challenges to the new standards allowed the agency to move foreword
Every employer is required to become familiar with standards that apply to their establishments

16. Section 6 - Occupational Safety and Health Standards
(b)(2)(3)&(4) Establishes OSHA rulemaking procedures
(b)(5) Assigns priority to protect workers from the adverse effects of toxic materials:
“that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life”

17. Section 6 - Occupational Safety and Health Standards
(b)(6) Procedure for the granting of variances from a standard or any provision thereof promulgated under the Act
(b)(7) The use of labels necessary to insure that employees are apprised of:
All hazards to which they are exposed,
Relevant symptoms and appropriate emergency treatment, and
Proper conditions and precautions of safe use

18. Section 6 - Occupational Safety and Health Standards
(b)(7) Engineering controls, protective equipment and medical exams provided to determine adverse health effects of such hazards to employees

19. Section 7 - Advisory Committees; Administration
(a)(2) Advise, consult with, and make recommendations to the Secretary and the Secretary of Health and Human Services on matters relating to the administration of the Act.

20. NACOSH
NACOSH was established under the Occupational Safety and Health Act of 1970 to advise the secretaries of labor and health and human services on occupational safety and health programs and policies.
Members of the 12-person advisory committee are chosen on the basis of their knowledge and experience in occupational safety and health.

21. NACOSH
The 12-member NACOSH has two members representing management, two members representing labor, two members representing the occupational health professions, two members representing the occupational safety professions and four members representing the public.
The members serve two-year terms.

22. Section 8 - Inspections, Investigations & Recordkeeping
8(a) OSHA representatives are authorized to:
(1) Enter without delay
(2) Inspect during regular working hours and at reasonable times and to question privately employers and employees
8(b) OSHA has subpoena power
8(c) OSHA recordkeeping
8(f) Employees right of complaint

23. Section 9 - Citations
9(a) If an employer violates Section 5 of The OSH Act or any standard, rule or order related to Section 6, a citation may be issued Each citation will:
Be in writing
Describe the particular violation
Set a reasonable abatement period
9(b) Posting of citations
9(c) Time limit - 6 months to issue citation

24. Section 10 - Enforcement
(a) After an inspection OSHA will notify the employer by certified mail of the citations and/or penalty, if any, proposed to be assessed
Employer must notify OSHA within fifteen working days from the receipt of the notice of the Citation(s) of intent to contest the citation or proposed assessment of penalty.
S M T W Th F Sa

25. Section 10 - Enforcement
Mechanism for modification of abatement date(s)
Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond his reasonable control, the Secretary, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in such citation

26. Section 11 - Judicial Review
11(a) Appeals & review of Commission order
11(c) Prohibits discrimination against employees filing complaints under OSHA, or for disclosing safety and health issues concerning the workplace

27. Section 12 - Occupational Safety & Health Review Commission
Establishes membership and terms of Review Commission (OSHRC)
OSHRC acts independently of OSHA

28. The mission of the Occupational Safety and Health Review Commission is to provide fair and timely adjudication of workplace safety and health disputes between the Department of Labor and employers.
In doing this, the Commission plays a vital role in encouraging safe and healthy workplaces for American workers.

29. Upon notification that an employer or affected employees have contested a citation, OSHRC creates a case file.
The Review Commission's Office of the Executive Secretary, which functions much like the court clerk's office, assigns docket numbers to each contest, or new case, at its National Office in Washington, D.C.
All affected parties are then notified by mail of the docketing of the case.

30. Section 13 - Procedures to Counteract Imminent Dangers
Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger.
U.S. District Court Issues
Area Director requests through Solicitor of Labor
OSHA will:
Advise employer of imminent danger
Advise employees of rights
Petition District Court for relief

31. Section 17 - Penalties Penalties were increased in 1990
Willful & repeated violations to a maximum of $ 70,000 for each citation
Minimum $ 5,000 for willful
Serious & other than serious up to $ 7,000
Failure to abate to a maximum of $ 7,000 for each day violation continues(up to 30 day max.)

32. Section 18 - State Plans
Rules to provide for States to assume responsibility for the development and enforcement of occupational safety and health in their own state

33. STATE PLAN STATES

34. Section 19* - Federal Agency Safety & Health Programs & Responsibilities
Federal agencies (exception: Post Office) are required to establish their own safety and health programs consistent with OSHA, as promulgated under 29 CFR 1960
Require the use of safety equipment & PPE as necessary to protect employees
Keep accident and illness records
Establish rules consistent with OSHA
*Executive Order further defines the responsibilities of Federal Agencies.

35. Research and Related Activities Section 20
Most OSHA research is carried out by the National Institute for Occupational Safety and Health (NIOSH), under the Department of Health and Human Services (HHS)
The Secretary of HHS confers with the Secretary of Labor and then conducts research on occupational safety and health problems

36. Training and Employee Education Section 21
Training and education responsibilities are shared by the Department of Labor (DOL) and HHS
Training is authorized directly or through grants

37. National Institute for Occupational Safety and Health - Section 22
Establishes NIOSH as a part of HHS

38. NIOSH provides national and world leadership to prevent work-related illness, injury, disability, and death by gathering information, conducting scientific research, and translating the knowledge gained into products and services.

39. Strategic goals:
Conducting a focused program of research to reduce injuries and illnesses among workers in high-priority areas and high-risk sectors, including mining, agriculture, construction, and health care.
Implementing and maintaining a system of surveillance for major workplace illnesses, injuries, exposures, and health and safety hazards.

40. Strategic goals:
Increasing prevention activities through workplace evaluations, interventions, and recommendations.
Providing workers, employers, the public, and the occupational safety and health community with information, training, and capacity to prevent occupational injuries and illnesses.

41. Statistics - Section 24
DOL is authorized to collect and analyze statistics of occupational fatalities, injuries, and illnesses.
Data is collected and compiled by the Bureau of Labor Statistics (BLS).

42. NCSWCL - Section 27
To ensure adequate worker protection in the event of disabling work-related injuries and illnesses, the Act provides for the establishment of the National Commission on State Workman’s Compensation Laws

43. Amendments to The Act
Amended by Public Law , November 5, 1990 (Penalty Reform)
Amended by Public Law , July 16, 1998 (Codifies Consultation Program and prohibits OSHA from using penalty and citation quotas to evaluate enforcement officers)
Amended by Public Law , September 28, 1998 (Makes OSH Act applicable to U.S. Postal Service in same manner as any other employer)

44. Inspections, Citations
CFR Part 1903
Inspections, Citations
and Proposed Penalties

45. Trainer Objectives
Discuss OSHA authority to inspect workplaces as granted in the OSH Act
Review the various sections of Part 1903
Discuss the requirements of the General Duty Clause
Discuss OSHA’s inspection priorities
Discuss the OSHA inspection process
Discuss types of OHSA violations

46. Background
Section 8 of The Act authorizes the Department of Labor to conduct inspections, issue citations and proposed penalties
8(a); OSHA representatives are authorized to:
(1) Enter without delay, at reasonable times, &
(2) Inspect during regular working hours and at reasonable times and;
(3) To question privately employers and employees

47. Purpose and scope 1903.1 General Duty Clause 5(a)(1)
Employers must comply with OHSA regulations
OSHA authority to conduct workplace inspections
Interviews with employees
Provisions for adjudication of violations
Abatement periods
Contest of penalties

48. The purpose of Part 1903 is:
To prescribe rules and to set forth general policies for enforcement of the inspection, citation, and proposed penalty provisions of the Act.
Rules

49. 1903.2 Postings, Availability of the Act, Regulations & Standards
Employers must post notice(s) provided by OSHA informing employees of the protections and obligations provided for in the Act and:
Posted in conspicuous location(s)
Not altered, defaced or covered
IT’S THE LAW!

50. Standard Interpretations 03/20/1998 - Posting of the OSHA notice
During Fiscal Year 1996, this standard was cited twelve (12) times, again with no penalties.
OSHA's inspection policy dictates that when a compliance officer (CSHO) discovers that the employer has not posted the notice, he or she simply provides a poster to the employer, thus enabling the employer to immediately come into compliance with the regulation

51. 1903.2 Postings, Availability of the Act, Regulations & Standards
All OSHA regulations are available at all Area Offices
The employer’s OSHA materials must be provided to employees upon request

52. 1903.3 Authority for Inspection
Authority granted by Section 8 of The Act
CSHO’s can enter workplaces and conduct inspections where employees are working
Inspect and investigate conditions equipment, structures, machines and materials
To question owners, employees or representatives
To review records required by the act or directly pertinent to the inspection

53. 1903.7 Conduct of Inspections
CSHO arrives & shows credentials
Nature, purpose and scope of inspection
Can include photos, IH samples, questioning personnel, etc..

54. Standard Interpretations 07/21/ OSHA's authority to take photographs during the course of an inspection
Taking photographs during the course of an inspection is a normal investigative tool used by our CSHO’s in order to support apparent violations of our standards.

55. 1903.7 Conduct of Inspections
CSHO follows company’s safety procedures
Precludes unreasonable disruption of work
Closing conference to:
CSHO discuss apparent violations found
Employer opportunity to discuss workplace conditions

56. 1903.8 Representatives of Employers & Employees
Representatives may accompany CSHO to aid in inspection
CSHO will consult with reasonable number of employees
Interference with CSHO’s inspection prohibited

57. Standard Interpretations 03/07/2003 - Employee representative accompanying CSHOs on inspections
[CSHOs] shall have authority to resolve all disputes as to who is the representative authorized by the employer and employees….
If there is no authorized representative of employees, or if the [CSHO] is unable to determine with reasonable certainty who is such representative, he shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

58. Standard Interpretations 03/07/2003 - Employee representative accompanying CSHOs on inspections
The representative(s) authorized by employees shall be an employee(s) of the employer
However, if in the judgment of the [CSHO], good cause has been shown why accompaniment by a third party who is not an employee of the employer (such as an industrial hygienist or a safety engineer) is reasonably necessary to the conduct of an effective and thorough…inspection… such third party may accompany the [CSHO] during the inspection

59. 1903.11 Complaints by Employees
Employees may file written complaints to OHSA
Complaint shown to employer no later than inspection date
Employees can request anonymity
Employer retaliation is prohibited

60. 1903.12 Inspection not warranted; informal review
Area Director determines if reasonable grounds exist for inspections resulting from employee complaints
An informal review may be scheduled at the discretion of the Assistant Regional Director

61. Inspection
Priorities

62. Standard Interpretations 09/22/1993 - OSHA's system of inspection priorities
Because the Occupational Safety and Health Administration (OSHA) has authority to inspect more than six million workplaces, with approximately 900 compliance officers, OSHA has established a system of inspection priorities that are designed to ensure that maximum feasible protection is provided and the worst situations are inspected first.

63. The Enhanced Enforcement Policy includes:
Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations Under the OSHAct (3/12/03 John Henshaw Memo)
The Enhanced Enforcement Policy includes:
High gravity willful violations; or
Multiple high gravity serious violations; or
High gravity repeat violations at the originating establishment; or
Failure-to-abate notices; or
A serious, willful, or repeat violation related to a fatality.

64. Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations Under the OSHAct (3/12/03 John Henshaw Memo)
OSHA has found that, for most employers, "on- site" abatement verification inspections at cited establishments are generally not an effective use of its resources.
Instead, under 29 CFR , OSHA requires employers to submit documentation or certification that abatement has been achieved.
Only if the documentation is not submitted or is inadequate is an on-site follow-up inspection initiated.

65. Inspection Priorities
Imminent Danger, given top priority
Employees notify employer of imminent danger
If no action taken, notify OSHA

66. Inspection Priorities
Catastrophes and Fatal Accidents, given second priority

67. CPL 2.113 - Fatality Inspection Procedures - Directive
Fatalities and catastrophes shall be thoroughly investigated to attempt to determine the cause of the events, whether a violation of OSHA safety or health standards related to the accident has occurred and any effect the standard violation has had on the occurrence of the accident.
1. Section 17(e) of the Act: criminal penalties for an employer who is convicted of having willfully violated an OSHA standard when the violation caused the death of an employee.

68. CPL 2.113 - Fatality Inspection Procedures - Directive
2. Early in investigations the Area Director shall make an initial determination whether there is potential for a criminal violation, based on the following criteria.
a. A fatality has occurred
b. There is evidence that an OSHA standard has been violated and that the violation contributed to the death
c. There is reason to believe that the employer was aware of the requirement of the standard and knew it was in violation of the standard

69. Inspection Priorities
Employee Complaints, Third priority
Referrals from employees & outside agencies of unsafe or unhealthful conditions
Informal review available for decisions not to inspect
Confidentiality is maintained on request

70. Inspection Priorities
Programmed High-Hazard Inspections, given fourth priority
Aimed at high hazard industries, occupations, or health substances
Selection criteria examples:
Death
LWII rates
Exposure to toxic substances

71. Follow-up Inspections
Determines whether previously cited violations have been corrected.
“Notification of Failure to Abate”
Failure to
Abate

72. OSHA Inspection Priority Review
1st; Imminent Danger
2nd; Catastrophes and Fatal Accidents
3rd; Employee Complaints and Referrals
4th; Programmed High-Hazard Inspections
5th; Follow-Up Inspections

73. Inspector’s Credentials
Inspection begins when CSHO arrives at facility
Displays credentials
Employers should always verify the identity of the CSHO by phoning the OSHA Area Office
United States Department of Labor ID including photo and serial number

74. Opening Conference CSHO explains why facility was selected
Explains purpose of visit, inspection scope and applicable standards
Complaint copies distributed (if applicable)
Employee representative may be summoned

75. Inspection Tour
CHSO will point out unsafe conditions observed & possible corrective action if employer requests
Some violations can be corrected immediately, however, may still result in citation

76. Closing Conference Discussion of problems, questions and answers
Discussion of recommended citations
Time needed for abatement
Only Area Director issues citations and assess $$$ amounts

77. 1903.14 Citations Area Director reviews CSHO’s inspection report
Six month limit to issue citation following occurrence of alleged violation
Citations will describe particular violation of The Act, standards, etc..

78. Types of Violations Other Than Serious Violation
Normally would not cause death or serious injury
Normally do not accompany fines
Adjusted downward as much as 95%, if fines are levied
Factors:
Good faith
History of violations
Size of business

79. Types of Violations Serious Violation
High probability of death or serious harm
Mandatory fine, up to $ 7,000
Adjusted downward:
Good faith
Gravity of alleged violation
Violation history
Size of business

80. Types of Violations Willful Violation
Employer knowingly commits with plain indifference to the law
Either knows action is a violation, or is aware of hazardous condition with no effort to eliminate
Up to $ 70,000 for each
Minimum of $ 5,000

81. Types of Violations Willful Violation
If convicted of WV that has resulted in death, court imposed fine, up to six months in jail, or both
Criminal conviction, up to $ 250,000 for individual; and years in jail
$ 500,000 corporation
Corporate officers may be imprisoned

82. Types of Violations Repeat Violation
Same or substantially similar violation,
Up to $ 70,000 for each violation

83. Standard Interpretations 07/13/ Clarification of OSHA's citation policy for repeated violations
The Occupational Safety and Health (OSH) Act itself does not define the term "repeatedly" (which appears in section 17, the section on penalties), but the statute has long been interpreted -- with the approval of all the courts that have addressed this issue -- as meaning two or more substantially similar violations.

84. Standard Interpretations 07/13/ Clarification of OSHA's citation policy for repeated violations
As the OSHRC stated in its 1979 Potlatch decision, neither the fact that "the violations occurred at different worksites" nor "the length of time between the two violations”* is relevant to a determination of a violation as "repeated." Rather, the Commission noted that such factors might be relevant to the assessment of an appropriate penalty.
*The Field Inspection Reference Manual states ‘A repeated violation occurs within 3 years at any of the employers establishments’

85. Standard Interpretations 07/13/ Clarification of OSHA's citation policy for repeated violations
In the Agency's view, it is this type of violation that an employer, once cited, should be particularly diligent in eliminating at all of its facilities
Likewise, it is OSHA's policy to normally classify a violation as repeated only if it is being issued within three years of the previous citation

86. Types of Violations Failure to Abate
Up to $ 7000/day for each violation not abated, for a maximum of 30 days

87. Types of Violations De Minimis Violation
No direct relationship to safety or health

88. Additional Violations
Falsifying records
Up to $ 10,000, six months in jail, or both
Violations of posting requirements
Civil fine up to $ 7,000
Assaulting, interfering with, intimidating a CSHO while performing their duties, up to three years prison, and $ 5,000 fine

89. 1903.14a Petitions for modification of abatement date
Employer may petition for extension of abatement date after good faith effort to comply:
Petition in writing
Steps and dates of action taken
How much more time is requested and reasons
Interim safeguards to protect employees against cited hazard

90. Proposed Penalties
Notice to employers of proposed penalties for citations issued
AD determines penalties based upon:
Size of business
Gravity of violation
Good faith of employer
History of previous violations

91. 1903.15 (a) Proposed Penalties
After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection, the Area Director shall notify the employer by:
Certified mail or
By personal service by the Compliance Safety and Health Officer
Of the proposed penalty under section 17 of the Act, or that no penalty is being proposed

92. 1903.15 (b) Proposed Penalties
Any notice of proposed penalty deemed to be the final order of the Review Commission unless, within 15 working days from the date of receipt of such notice, the employer notifies the Area Director in writing that he intends to contest the citation

93. 1903.15 (b) Proposed Penalties
The Area Director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the
Size of the business of the employer being charged,
The gravity of the violation,
The good faith of the employer, and
The history of previous violations

94. Standard Interpretations 05/04/2001 - OSHA's gravity-based penalty policy and consultation service
Because OSHA does not have the resources to inspect every workplace in America, Congress authorized OSHA to issue penalties, if appropriate, when hazards are first discovered.
Under the Occupational Safety and Health Act of 1970 (OSH Act) employers are obligated to abate hazards before an OSHA inspection occurs.

95. Standard Interpretations 05/04/2001 - OSHA's gravity-based penalty policy and consultation service
Monetary penalties are used to encourage employers to immediately start addressing workplace hazards, and comply with safety and health standard requirements.
Also, based on current staffing and the size of the American business community, OSHA would need approximately years to inspect each and every employer covered by the OSH Act.
OSHA wants employers to be proactive and not wait for an inspection to begin implementing safety and health standards in the workplace.

96. Posting of Citations
Citations posted unedited immediately at the location of the alleged violation
Posted for 3 working days or until the violation is abated, whichever is longer
Employer notice of contest can be posted alongside

97. 1903.17 Employer and employee contests
Notify Area Director (AD) in writing within 15 days of receipt of proposed penalty
Specify if:
Contesting citation
Contesting penalty
Both
Employees can contest abatement time

98. 1903.18 Failure to correct violation
AD will notify employer of failure to correct and of additional penalties
Employer may appeal
Notification of failure to correct are final orders unless AD is notified in writing within 15 days
S M T W Th F Sa

99. 1903.19 Abatement verification
The purpose of OHSA inspections:
Result in abatement of violations of the Act
Employer must certify to OSHA that violations have been abated within 10 days of the abatement date
The employer must inform affected employees and their representative(s) about abatement activities

100. Informal conferences
Employers can request an informal conference within 15 working days of the receipt of citations
Employee(s) may participate in the informal conference at the discretion of the Area Director
Legal counsel allowed
Does not extend 15 day ‘Notice of Contest’ provisions

101. The End!