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CHAPTER 6 OSHA COMPLIANCE
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WHY DO WE NEED OSHA? ACCIDENTS ILLNESS
14,000 DEATH WORKPLACE ACCIDENTS 2.5 M. WORKERS DISABLED IN WORKPLACE ACCIDENTS 300, 000 NEW CASES OF OCCUPATIONAL DISEASES REPORTED DEAL WITH INJURIES, ILLNESS AND DEATH
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WHAT SHOULD WE KNOW ABOUT OSHA?
TITLE 29 OF THE CODE OF FEDERAL REGULATION (CFR), PARTS 1900 THROUGH 1910 OSHA IS PART OF U.S.DEPARTMENT OF LABOR
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MISSION AND PURPOSE REDUCE WORK PLACE HAZARD
NEW SAFETY AND HEALTH PROGRAMS (IMPLEMENT) IMPROVE EXISTING SAFETY AND HEALTH PROGRAMS RIGHTS OF EMPLOYEES MONITOR TRAINING MANDATORY EVALAUTE/MONITOR/ANALYZE
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WHAT DOES OSHA COVER? ALL EMPLOYESS IN ALL 50 STATES, DISTRICT OF COLUMBIA, PUERTO RICO AND ALL OTHER TERRITORIES THAT FALL UNDER THE JURISDICTION OF U.S.GOVERNMENT THERE ARE FOUR EXCEPTIONS: 1. SELF EMPLOYED 2.FAMILY FARMS-IMMEDIATE FAMILY MEMERS 3. FEDERAL AGENCIES 4. STATE AND LOCAL GOVERNMENT SETTING STANDARDS AND INSPECT FOR COMPLIANCE
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OSAH STANDARDS BASED ON ITS PERCEPTION OF NEED AT THE REQUEST OF OTHER FEDERAL AGENCIES, STATE AND LOCAL, LABOR ORGANIZATIONS , PRIVATE CITIZENS. COMMITTEE APPROACH NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH
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OSHA STANDARDS APPROCHES: 1. ADOPT 2.AMEND 3. REVOK
MUST PUBLISH ITS ACTIONS IN THE FEDERAL REGISTER NOTICE-ADVANCED NOTICE-ADOPTION-EFFECTIVE DATE-APPEAL WITHIN 60 DAYS OF STANDARDS APPROVAL
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NEW STANDARDS EFFECTIVE IMMEDIATELY
TEMPORARY VARIANCE REQUESTED FOR ONE YEAR, CERTAIN CONDITIONS. WHAT IF A COMPANY EXCEEDS THE NEW REQUIREMNETS? PERMANENT VARIANCE
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PROCESS RECORD KEEPING AND REPORTING ARE ESSENTIAL 11 OR MORE WORKERS
EXEMPT AND EXEMPT EMPLYERS MUST REPORT ACCIDENTS WITHIN 48 HOURS (DEATH AND HOSPITALIZATION OF 5 OR MORE EMPLOYEE.) ALL OCCUPATIONAL ILNESSES AND INJURIES MUST BE REPORTED FORMS: 300, 300A, 301 EMPLYEERS TO POST POSTER 2203 AND 300A
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OSHA OFFICERS AUTHORIZED TO DO: 1. ENTER ANY SITE-LIMITATION
2. INSPECT ANY SITE-REASONABLE TIME 3. QUESTION ANY EMPLOYEE (C/P) IN PRIVATE OSHA IS EMPOWERED TO ISSUE CITATIONS AND SET PENALTIES.
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CITATIONS 1. OTHER THAN SERIOUS VIOLATIONS 2. WILLFUL VIOLATION
3. REPEAT VIOLATION 4. FALURE TO CORRECT PPREVIOUS VIOLATIONS
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EMPLOYEE RIGHTS APPEAL: 1. TIME-ABTEMENT PERIOD
2. EMPLYER’S REQUEST FOR AN EXTENSION OF AN ABATEMENT PERIOD EMPLYERS MAY PETITION TIME OR PENALTY
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EXCEPTIONS STATES ARE ALLOWED TO DEVELOP THEIR OWN SAFETY AND HEALTH PROGRAMS, 50% INCENTIVES/WITH APPROVED PLANS STATES MAY DEVELOP COMPREHENSIVE PLANS COVERING PUBLIC AND PRIVATE SECTORS OR LIMIT IT TO PUBLIC EMPLOYERS ONLY
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OVERALL OSHA: 1. SETTING STANDARDS 2. INSPECTION FOR COMPLIANCE
3. PROVIDE SERVICES TO HELP EMPLOYERS MEET THE LATEST SAFETY AND HEALTH STANDARDS SERVICES ARE OFFERED AT NO COST AND INTENDED FOR SMALLER COMPANIES SERVICES: CONSULTATION, VOLUNTARY INSPECTION PROGRAM AND TRAINING AND EDUCATION
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IS OSHA PERFECT? NO CRITISIM? YES NOT SENSITIVE TO THE NEEDS
COMPETITION EMPLOYERS ARE TRYING TO SURVIVE
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CODES AND STANDARDS ARE THEY THE SAME? CODES STANDARDS
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LEGAL TERMS NEGLIGENCE LIABILITY CARE ABILITY TO PAY DAMAGES
PROXIMATE CAUSE WILLFUL CONDUCT RECKLESS CONDUCT TORT FORESEEABILITY
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CONCLUSION DO COMPANIES KEEP EMPLOYEE INFORMED?
DO COMPANIES ENFORCE THEIR RULES AND REGULATIONS? DO THEY PROVIDE PROPER TRAINING? POLICIES, INFORM, TRAIN, ENFORCE.
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