1. Introduction to OSHA

2. What is OSHA? How do they operate?
Occupational Safety and Health Administration (OSHA)
OSH Act of 1970
Regional and area offices
Standards
Inspections
Citations and Penalties

3. OSHA Standards 29 CFR 1910 5a1 General duty clause
“29” Labor
“CFR” Code of Federal Regulations
“1910” General Industry
5a1 General duty clause
Horizontal Vs. Vertical
Performance Vs. Specification
CPL/STD Documents

4. OSHA Standards Development
Standards adoption process
Advance Notice of Proposed Rulemaking *
Notice of Proposed Rulemaking *
Public Hearing
Comment Period
Final Standard *
Emergency temporary standards
Variances
* = Published in Federal Register

5. INSPECTION PRIORITIES
Imminent Danger
Fatalities and Catastrophes
Complaints
Formal
Non-formal
Referrals
Programmed
Follow Up (Especially Willful & Repeat)

6. OSHA INSPECTION Opening Conference Walkaround Inspection
Closing Conference

7. HIGHLIGHTS OF AN OPENING CONFERENCE
CSHO:
Presents credentials
Explains purpose of inspection
Requests employee participation
Outlines scope of the inspection
Determines employers on site
(Continued)

8. HIGHLIGHTS OF AN OPENING CONFERENCE
CSHO:
Reviews OSHA Logs
Verifies HazCom Program
Verifies Safety and Health Program
May verify Access to Employee Exposure and Medical Records ( )
Verifies OSHA Poster

9. HIGHLIGHTS OF AN OSHA WALKAROUND INSPECTION
CSHO:
Identifies potential S&H hazards
Determines employee awareness & knowledge
Evaluates PPE selection, maintenance & use
Documents apparent violations
Photographs or videotapes them
Questions employees privately

10. HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE
CSHO:
Gives Employer Rights & Responsibilities Following an OSHA Inspection.
Explains:
Employer’s Rights
Contest Procedures
Informal Conference
Penalties
Consultation Services

11. HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE
CSHO:
Discusses apparent violations
Asks for abatement of violations

12. CITATION TYPES Serious
There is a substantial probability that death or serious physical harm could result, and the employer knew or should have known or the hazard.
Maximum Penalty: $7,000.

13. CITATION TYPES Other-Than-Serious
Not serious, but impacts the safety and health of employees.

14. CITATION TYPES Willful
Employer committed an intentional and knowing violation or showed plain indifference to the law.
Maximum Penalty: $70,000.
Minimum Penalty: $25,000
($5,000 for less than 50 employees)

15. CITATION TYPES
Repeat
Violation of the same or similar standard within 3 years.
Employers with more than 250 employees:
First Repeat - Multiply penalty times 5.
Second Repeat - Multiply penalty times 10.

16. CITATION TYPES
Repeat
Violation of the same or similar standard within 3 years.
Employers with less than 250 employees:
First Repeat - Multiply penalty times 2.
Second Repeat - Multiply penalty times 5.

17. CITATION TYPES De Minimus
Violation which has no direct or immediate relationship to employee safety and health.
No Penalty.

18. REGULATORY VIOLATIONS
No OSHA Poster $1,000
No OSHA 200 Log $1,000
Failure to post citations $3,000
Failure to report within 8
hours a fatality or accident
which hospitalizes 3 or more
employees $5,000

19. Penalty Adjustment Factors
Size: No. of Employees Reduction % % %
More than None
Good Faith Effort %
History (Last 3 Years) %

20. CITATION APPEALS Citations received Informal Conference
Contest Citation(s)
Administrative Law Judge
OSHA Review Commission
U.S. Court of Appeals
U.S. Supreme Court

21. MULTI-EMPLOYER WORKSITES
Citations issued to exposing employer.
Citations can also be issued to:
1. Employer who creates the hazard,
2. Employer responsible for overall site safety, and
3. Employer responsible for correcting the hazard.

22. What Resources Are Available?
Consultation program
OSHA web page :
OSHA CD-ROM :
OSHA Training Institute & Ed Centers
OSHA hotline : OSHA
OSHA area and regional offices
ASSE, AIHA, other trade groups

23. OSHA Consultation Program
No cost, confidential assistance
On-site assistance with safety, health, ergonomics
Serious hazard obligation!
Sometimes there is a backlog
Focused compliance assistance or comprehensive assistance