OSHA

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 Wh at is OSHA ?

Occupational
Safety and O
S
Health H
A
Administration

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 Wh y wa s OSHA
created?
14,000 employees died annually from
job-related injuries and illnesses
Nearly 2.5 million employees were
disabled
Ten times as many person-days were lost
due to job-related disabilities than from
strikes
300,000 new cases of occupational disease

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 Th e OS HA Ac t of
1970
The purpose of the OSH Act is 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.”

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 Wh o is cove red –
Federal OSHA ?
Private employers with
➨ one or more employees
➨ business effecting commerce
Federal government employees
Not covered
➨ self-employed
➨ working conditions regulated by other federal agencies
➨ farms employing only family members

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Who i s c ove re d –
St ate OSH A?
State and local government employees
Private employers not on federal
property
➨ federal parks
➨ military bases

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 Ho w do they
operate ?
Regional and area offices

Standards

Inspections

Citations and Penalties

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General Du ty Cla use

Section 5(a)(1) of the OSH Act

➨ “Each employer shall furnish to each of his
employees employment and a place of
employment which is free from recognized
hazards that are causing or likely to cause death
or serious physical harm to his employees.”

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 OSHA
St andard s
De velopme nt
Advisory Committees
➨ National Advisory Committee on Occupational
Safety and Health (NACOSH)
➨ Advisory Committee on Construction Safety
and Health
NIOSH Recommendations

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OSHA
St andard s
De ve lopme nt
Standards adoption process
➨ Advance Notice of Proposed Rulemaking *
➨ Notice of Proposed Rulemaking *
➨ Public Hearing
➨ Comment Period
➨ Final Standard *

* Published in the Federal Register 10

 OSHA
St andard s
De velopme nt
Emergency Temporary Standards*
➨ workers in grave danger
➨ proposed permanent standard

➨ Final ruling within 6 months

Appealing a Standard
Variances
Public Petitions

* Published in the Federal Register 11

 OS HA St andard s
Consensus Standards
➨ industry-wide stands-development
organizations

Proprietary
➨ prepared by professional experts

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 OS HA St andard s
Horizontal vs. Vertical
➨ horizontal (general) applies to any employer in
any industry
➨ vertical applies to a particular industry

Performance vs. Specification

CPL/STD Documents

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 OSHA St andards
29 CFR 1910

“29”
“CFR” “1910”
Labor Code of General
Federal Industry
Regulations Standard

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In sp ectio n Priorit ies
Imminent Danger
Fatalities and Catastrophes
Employee Complaints
➨ formal
➨ in-formal

Referrals
Programmed
Follow Up (especially willful & repeat)

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In sp ectio n Priorit ies
1st PRIORITY
Imminent Danger
➨ reasonable certainty that danger
exists
➨ may not be eliminated via normal
enforcement procedures prior to
 death

 serious physical harm

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In sp ectio n Priorit ies
2nd PRIORITY
Fatalities and Catastrophes
➨ hospitalization of 3 or more
employees
➨ report to OSHA by employer within
8 hours
 CALL 1 (800) 321 OSHA after hours
 29 CFR 1904.8

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In sp ectio n Priorit ies
3rd PRIORITY
Employee Complaints and Referrals
➨ formal
 inspected

 95% within 5 days

➨ in-formal
 phone/fax response from OSHA within 1 day
 5 days for employer to respond

➨ serious referrals
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In sp ectio n Priorit ies
4th PRIORITY

Programmed Inspections
➨ site-specific
targeting
➨ national emphasis programs

➨ local emphasis programs

➨ Construction scheduler

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In sp ectio n Priorit ies

5th PRIORITY
Follow-up Inspections
➨ determines whether previously
sited violations have been
corrected
➨ potential notice of
failure-to-abate (FTS)
 additional daily penalties
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 OSHA
Insp ectio n Pr ocess

Opening Conference

Inspection Tour (walkaround)

Closing Conference

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HI GHL IGH TS OF AN
OPEN IN G
CO NF ER ENC E
Compliance Safety & Health Officer (CSHO):
Presents credentials
Explains purpose of inspection
Requests employee participation
Outlines scope of the inspection
Determines employers on site
Union/non-union
(continued)

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HI GHL IGH TS OF AN
OPEN IN G
CO NF ER ENC E
CSHO:
Reviews OSHA Logs
Verifies hazard communication program
Verifies safety and health program
May verify access to employee
exposure and medical records
(1910.1020)
Verifies OSHA poster

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HIGH LIG HTS OF AN
OSHA W ALKAROUND
IN SPECTIO N
CSHO:
Identifies potential safety and health hazards
➨ determines employee awareness & knowledge
➨ evaluates PPE selection, maintenance & use

Documents apparent violations

Photographs or videotapes them
Instrument readings
Questions employees privately
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 HIGH LIG HTS OF AN
OSHA CLOSIN G
CON FERENCE
CSHO:
Gives Employer Rights & Responsibilities
Following an OSHA Inspection.
Explains:
➨ employer’s rights
➨ contest procedures
➨ informal conference
➨ Penalties may be issued by Area Director
➨ consultation services
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 HI GHLIG HTS OF AN
OS HA CLOSIN G
CONFERENCE
CSHO:
Employee’s representative may be present
Employer may produce records to show
compliance
Discusses apparent violations
Requests abatement of violations

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CI TATI ON TYPE S

on ti
ta
Ci
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.

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CI TATI ON TYPE S

on ti
ta
Ci
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)

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CI TATI ON TYPE S

on ti
ta
Ci
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.

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CI TATI ON TYPE S

on ti
ta
Ci
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.

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CI TATI ON TYPE S

atti
n i
ta
Ciit
on
o
C
Other-Than-Serious

Not serious, but impacts the safety and

health of employees.

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CI TATI ON TYPE S

atti
n i
ta
Ciit
on
o
C
Failure to Abate

Max

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CI TATI ON TYPE S

on ti
ta
Ci
De Minimus

Violation which has no direct or

immediate relationship to employee
safety and health.

No Penalty.

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 RE GUL ATOR Y
VIO LATI ONS $$$
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
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Pe nalty Ad ju st me nt
Factors
Size
No. of Employees Reduction
1 - 25 60%
26 - 100 40%
101 - 250 20%
More than 250 None
Good Faith Effort 25%
History (Last 3 Years) 10%
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CI TAT ION APP EAL S
Citations received

Informal Conference OSHA Review

Commission
Contest Citation(s)
U.S. Court of Appeals
Administrative Law
Judge U.S. Supreme Court

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 Mu lt i-e mploye r
Wo rksit es
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.
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What Re so urc es Are
Ava il able ?
Consultation program
OSHA web page : http://www.osha.gov/
OSHA CD-ROM : 202-783-3238
OSHA Training Institute & Ed Centers
OSHA hotline : 1-800-321-OSHA
OSHA area and regional offices
ASSE, AIHA, other trade groups
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 OSHA
Consu lta tion
Pr ogram
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

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OS HA’ s
St rategic Pl an

Targeted injuries and illnesses

➨ silicosis

➨ lead
poisoning
➨ amputations

15% reduction

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OS HA’ s
St rategic Pl an

Targeted industries
➨ construction

➨ shipyards

➨ nursing homes
➨ logging

➨ food processing
15 % reductions
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OS HA’ s
St rategic Pl an

Decrease fatalities in construction by

15 % by focusing on
➨ falls(33%)
➨ struck by (22%)

➨ caught between (18%)

➨ electrical (17%)

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OS HA’ s
St rategic Pl an

Change workplace culture to increase

employer and employee awareness of and
commitment to, and involvement in
safety and health
Secure public confidence in OSHA
through customer service

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Th e OSHA W eb Si te

➨www.osha.gov
SAFETY &
HEALTH

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