1. Occupational Safety and Health Administration
Introduction to OSHA
Occupational
Safety and
Health
Administration
Keeping Safe in the Workplace

2. Section I
Introduction 2

3. OSHA In 1970, Congress considered:
Job-related accidents more than 14,000 worker deaths
2 ½ million workers disabled
10 times as many person-days lost from job-related disabilities as from strikes
300,000 new cases of occupational diseases 3

4. OSHA
Major losses
Production and wages
Medical expenses
Disability compensation
Human cost
Congress passed the Occupational Safety and Health Act (OSH Act) of 1970 4

5. Section II
OSHA 5

6. OSHA’s mission
Encourage employers and employees to reduce workplace hazards and to implement new, or improve existing, safety and health programs 6

7. OSHA’s mission
Provide research to develop ways of dealing with occupational safety and health problems
Establish separate, but dependent responsibilities and rights for employers and employees to achieve better safety and health conditions 7

8. OSHA’s mission
Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses
Establish training programs to increase the number and competence of occupational safety and health personnel 8

9. OSHA’s mission
Develop mandatory job safety and health standards and enforce them effectively
Provide for the development, analysis, evaluation and approval of state occupational safety and health programs 9

10. OSHA’s mission
OSHA guarantees employers and employees the right to be fully informed, to participate actively and to appeal actions. 10

11. Section III
OSH Act 11

12. OSH Act
Employer – any person engaged in a business affecting commerce who has employees, but does not include the U.S. or any state or political subdivision of a state 12

13. OSH Act Not covered self-employed persons
farms at which only immediate members of the farm employer’s family are employed
workplaces already protected by other federal agencies under other federal statutes 13

14. OSH Act
OSHA standards apply even if other federal agency is authorized to regulate
States encouraged to develop and operate, under OSHA guidance, state job safety and health plans 14

15. OSH Act OSHA publicizes legally enforceable standards
Standards may require practices, means, methods or processes necessary and appropriate to protect workers on the job
General Duty Clause is used more in penalty enforcement 15

16. General Duty Clause Employers:
furnish employees employment and place of employment free from recognized hazards that cause or are likely to cause death or serious harm to employees
Protect employees even if no OSHA standard applies to situation or if hazards exists after compliance (e.g., ergonomics)
Take additional steps toward safety 16

17. General Duty Clause General Duty Clause
Extends OSHA’s authority beyond specific OSHA standards
Used when there is no specific standard that applies to recognized hazard
Used when standard exists, but hazards warrant additional precautions beyond what safety standards require 17

18. General Duty Clause
Employers make good faith efforts to correct existing workplace hazards and identify new hazards
Review accident and injury records to identify patterns
Investigate all accidents and injuries in workplace
Conduct job hazard analyses 18

19. General Duty Clause Supervisors and managers can:
Document training efforts and conduct retraining
Establish employee safety committee
Assess whether process is still unsafe 19

20. Section IV
Inspections 20

21. Workplace inspections
Knowledgeable and experienced compliance officers – trained in OSHA standards
No notice
Alerting employer can bring fines and/or jail 21

22. Workplace inspections
Special circumstances – notice of less than 24 hours
Imminent danger situations
Inspections that must take place after regular hours or require special preparation
Notice is required to assure that employer and employee rep are present 22

23. Workplace inspections
Special circumstances
Inspection must be delayed for more than 5 days with good cause
OSHA area director determines notice would produce more thorough inspection 23

24. Worksite inspections Inform employee representative
Employer must admit compliance officer
Employer may not interfere with inspection
OSHA may not conduct warrantless inspections without consent 24

25. Inspection priorities
Imminent danger – any condition where there is reasonable certainty that danger exists that can cause death or serious physical harm immediately, or before danger can be eliminated 25

26. Inspection priorities
Catastrophes and fatal accidents – fatalities and accidents resulting in hospitalization of three or more employees
Must be reported within 8 hours 26

27. Inspection priorities
Employee complaints – alleged violations of standards or unsafe or unhealthful working conditions
Employee feels imminent danger
Employee feels there is a violation of standard that threatens physical harm 27

28. Inspection priorities
Employee complaints
OSHA will maintain confidentiality
OSHA will inform employee of action taken
OSH will hold informal review of decision not to inspect 28

29. Inspection priorities
Programmed inspections – inspections aimed at high hazard industries, occupations or health substances
Follow-up inspections – determine if previously cited violations have been corrected 29

30. Inspection priorities
Records review – examination of employer’s injury and illness records (OSHA 300 form) to determine whether to conduct workplace inspection 30

31. Inspections Inspector’s credentials
Employer should request to see credentials
Credential has photo and serial number
Compliance officers may not collect penalty at time of inspection
Compliance officer may not promote sale of product or service 31

32. Inspections Opening conference
Compliance officer explains how company selected and if it will be subject to safety inspection
Compliance officer explains purpose, scope and standards that apply
Employer asked to select employee representative. If no employee rep, compliance officer must consult with other employees 32

33. Inspections Inspection process
Compliance officer and reps inspect for safety or health hazards
Officer determines route and duration of inspection
Officer may consult with employees, take photos, instrument readings, examine records, measure noise levels, etc. 33

34. Inspections Inspection process
Compliance officer inspects records of deaths, injuries and illnesses (OSHA form 300-A)
Officer will explain requirements of Hazard Communication Standard
Officer will point out unsafe or unhealthful working conditions. Will discuss possible corrective action 34

35. Inspections Closing conference
Includes compliance officer, employer and employee rep
Employer receives “rights and responsibility” booklet
Officer discusses unsafe or unhealthful conditions and will note violations for which citation may be issued
Officer will not indicate any specific penalties 35

36. Citations and Penalties
Section V
Citations and Penalties 36

37. Citations
Inform employers and employees of the regulations and standards alleged to have been violated and length of time set for abatement
Employer must post a copy 37

38. Citations Appeals by employees may be made on:
decision not to issue a citation
time allowed for abatement of a hazardous condition
Employees may not contest a citation, but may submit a written objection
Employees may request informal conference with OSHA 38

39. Citations
Employers may request informal meeting with OSHA area director
Area director may propose settlement agreement 39

40. Penalties Categories of Violations serious other-than-serious willful
repeat
failure to abate 40

41. Penalties
Severity of violation and probability of injury or illness will determine base penalty.
Penalty amounts are proposed
Employers may contest penalty 41

42. Penalties
Additional violations for which citations and penalties may be issued
falsifying records
assaulting a compliance officer 42

43. Contesting a citation Informal conference request
obtain a better explanation of the violations
obtain a more complete understanding of the specific standards that apply
negotiate and enter into an informal Settlement Agreement 43

44. Contesting a citation Informal conference
Discuss ways to correct the violations
Discuss problems with the abatement dates
Discuss problems concerning employee safety practices
Resolve disputed citations and penalties 44

45. Contesting a citation
Notice of contest submitted with 15 working days of receipt
Notice of Contest must state:
what is being contested
which violations on the citation are being contested 45

46. Employer Responsibilities & Rights
Section VI
Employer Responsibilities & Rights 46

47. Employer responsibilities
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 47

48. Employer responsibilities
Be familiar with mandatory OSHA standards and make copies available to employees
Inform all employees about OSHA
Examine workplace conditions to make sure they conform to applicable standards
Minimize or reduce hazards 48

49. Employer responsibilities
Make sure employees have and use safe tools and equipment and that equipment is properly maintained
Use color codes, posters, labels or signs when needed to warn employees of potential hazards 49

50. Employer responsibilities
Establish or update operating procedures and communicate them so that employees follow safety and health requirements
Provide training required by OSHA standards
Provide medical examinations when required by OSHA standards 50

51. Employer responsibilities
Report to the nearest OSHA office within 8 hours any fatal accident or one which results in the hospitalization of three or more employees
Keep OSHA-required records of work-related injuries and illnesses, and post the OSHA 300A form from February 1 through April 30 each year 51

52. Employer responsibilities
Post, at a prominent location within the workplace, the OSHA poster (OSHA 2203) informing employees of their rights and responsibilities
Provide employees, former employees and reps access to injury and illness recordkeeping forms at reasonable time and in a reasonable manner 52

53. Employer responsibilities
Provide access to employee medical records and exposure records to employees
Don’t discriminate against employees who properly exercise their rights under the Act
Cooperate with OSHA compliance officer by furnishing names of authorized employee reps 53

54. Employer responsibilities
Post OSHA citations at or near the worksite involved. Each citation must remain posted until the violation has been abated, or for three working days, whichever is longer
Abate cited violations within the prescribed period 54

55. Employer rights
Seek advice and off-site consultation as needed by writing, calling or visiting the nearest OSHA Office
Be active in industry associations involved in job safety and health 55

56. Employer rights
Request and receive proper identification from the OSHA compliance officer prior to inspection
Be advised by the compliance officer of the reason for an inspection
Have an opening and closing conference with the compliance officer 56

57. Employer rights Accompany the compliance officer on the inspection
File a Notice of Contest with the OSHA area director within 15 working days of receipt of a notice of citation and proposed penalty 57

58. Employer rights
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 58

59. Employer rights
Apply to OSHA for a permanent variance from a standard if the employer can furnish proof that its facilities or method of operation provides employee protection at least as effective as that required by the standard 59

60. Employer rights
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 60

61. Employer rights
Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection
Submit a written request to NIOSH for information on whether any substance in the workplace has potentially toxic effects in the concentrations being used 61

62. Employee Responsibilities and Rights
Section VII
Employee Responsibilities and Rights 62

63. Employee responsibilities
Read the OSHA poster at the jobsite
Comply with all applicable OSHA standards
Follow all employer safety and health rules and regulations, and wear or use protective equipment 63

64. Employee responsibilities
Report any job-related injury or illness to the employer, and seek treatment promptly
Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions
Exercise your rights under the Act in a responsible manner 64

65. Employee rights
Right to seek safety and health on the job without fear of punishment
Employers may not punish workers for:
complaining to an employer, union, OSHA, or any other government agency about job safety and health
filing safety or health grievances 65

66. Employee rights Employers may not punish workers for:
participating on a workplace safety and health committee or in union activities concerning job safety and health
participating in OSHA inspections, conferences, hearings or other OSHA- related activities 66

67. Employee rights
Review copies of appropriate OSHA standards, rules, regulations, and requirements that the employer should have available at the workplace 67

68. Employee rights
Request information from the 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 68

69. Employee rights
Receive adequate training and information on workplace safety and health hazards
Request the OSHA area director to conduct an inspection if employee believes hazardous conditions or violations of standards exist in the workplace 69

70. Employee rights
Have name withheld from employer, upon request to OSHA, if a written and signed complaint is filed
Be advised of OSHA actions regarding the complaint and have an informal review, if requested, of any decision not to inspect or to issue a citation 70

71. Employee rights
Have the authorized employee representative accompany the OSHA compliance officer during the inspection tour
Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer 71

72. Employee rights
Observe any monitoring or measuring of hazardous materials and have the right to see these records
Request a closing discussion with the compliance officer following an inspection 72

73. Employee rights
Submit a written request to NIOSH for information on whether any substance in the workplace has potentially toxic effects in the concentration being used, and have employee’s name withheld from the employer, if requested 73

74. Employee rights
Object to the abatement period set in the citation issued to the employer by writing to the OSHA area director within 15 working days of the issuance of the citation 74

75. Employee rights
Be notified by the employer if he or she applies for a variance from an OSHA standard, and testify at a variance hearing and appeal the final decision
Submit information or comment to OSHA on the issuance, modification, or revocation of OSHA standards and request a public hearing 75

76. Section VIII
Summary 76

77. Summary of main points OSHA OSH Act
Employer Responsibilities and Rights
Employee Responsibilities and Rights 77

78. Questions? 78