1. SAFE 101
Chapter 5

2. Safety Professionals & Impacts of the Law
“Awareness of how many potential adversaries there may be will increase the effectiveness of the safety professional.”

3. Distribution of Federal & State Powers
US Department of Labor
Operates through OSHA
OSHA
Writes legally
enforceable standards
State OSHA
Must be at least effective as
comparable federal standard
CDC
NIOSH
Hazard
Assessment
If no standard
applies
GENERAL
DUTY
CLAUSE

4. Distribution of Federal & State Powers
Occupational Safety and Health Review Commission (OSHRC)
Administrative Judge
(disallow or schedule trial)
If ruling disagreed by either party
Request review by OSHRC
If disagree with OSHRC ruling
US Court of Appeals

5. KEY REGULATORY TERMS Policy
Law
Rule, Regulation
Policy
Published statement, speech or announcement to undertake the workers protection that the agency seeks that would be implemented through rules.
Guidance document
Precedent
Standards

6. How Does The Safety Professional View OSHA?
Is a Safety Professional necessary if the employer knows OSHA standards?
Is OSHA a help or a Hindrance in Safety Provisions?
What should a Safety Professional write?

7. Interaction With OSHA Regulators
Be “no-nonsense” businesslike
Do not provoke
Be prepared: know the standards!
An OSHA inspection can improve safety for employee benefits

8. INTERACTIONS WITH REGULATORS
Violation categories:
Other than serious
Serious
Willful
Repeated
Failure to abate
De Minimus

9. NEXT CLASS
QUIZ 1
Chapters 1 to 5
Multiple Choice & Short Answer