introduction to osha - academic server| cleveland state...

Introduction to OSHAhObjectives – enable the student to:

– recognize major provisions of the OSH Act;

– identify key phases of an OSHA inspection;

– locate OSHA standards;

– recognize employer responsibilities at multi-employer worksites (typical of construction sites);

– develop a general understanding of 29 CFR Part 1926 standards, especially in regards to what constitutes “Competent Persons” & “Qualified Persons”; and

– understand how to respond appropriately to an OSHA inspection

Cleveland State UniversityWork Zone Safety and Efficiency Transportation Center

Section 5

What is OSHA

Before OSH Act• Safety legislation was traditionally the jurisdiction of individual

states– Before the 1960’s there were few federal laws regarding

occupational safety– What laws did exist were limited in scope– There was a realization that state jurisdictions were not

getting it done• Deaths, disabilities, and occupational disease rates increased

through the 1960’s• The perception developed that an all encompassing safety law

was needed

Cleveland State University Work Zone Safety and Efficiency Transportation Center

Section 5

What is OSHA

The OSH ACT• This act along with the Mine Safety Act (1977) have been

identified as the most significant occupational safety legislation enacted in the United States

• The OSH Act is identified as public law (PL) 91-596• Became law December 29, 1970 and was signed by President

Nixon• The law became effective April 28, 1971• The OSH Act is also known as the Williams-Steiger Act

(senator & congressman that authored the legislation)• The OSH Act represents landmark legislation in that it considers

both present workplace conditions and long term workplace hazards


Section 5

What is OSHA

The OSH Act established:• Occupational Safety & Health Administration (OSHA) which

– promulgates standards and oversees enforcement– serves as an administration located in Department of Labor (DOL)– has the Secretary Of Labor serving in the ultimate oversight capacity

• the Assistant Secretary Of Labor for OSHA is the administrator of OSHA

• National Institute of Occupational Safety & Health Research (NIOSH)– This is an institute located within Department of Health & Human Services

(DHHS) • Occupational Safety & Health Review Commission (OSHRC)

– This is a three-member panel appointed by President, and confirmed by senate

– The Commission reviews contested citations– It is an independent agency within the executive branch


Section 5

What is OSHA

OSHA Purpose & MissionPurpose• “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.”

Mission• “ . . . To save lives, prevent injuries and protect the health of

America’s workers.”


Section 5

What is OSHA

Sister Agencies• National Institute for Occupational Safety and Health (NIOSH)

– NIOSH is part of the Centers for Disease Control (CDC) and is the only federal Institute responsible for conducting research and making recommendations for the prevention of work-related illnesses and injuries.

• Occupational Safety and Health Review Commission (OSHRC)– An independent federal agency created to decide contested citations or

penalties resulting from OSHA inspections of American work places. The Review Commission, therefore, functions as an administrativecourt, with established procedures for conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs).


Section 5

What is OSHA

The OSHA act covers:• Every employer with 11+ employees who are engaged in

business affecting interstate commerce in– the 50 states– the District of Columbia– Puerto Rico– all US possessions

• Collectively the federal safety legislation enacted prior to 1970 did not apply to most employers or employees


Section 5

What is OSHA

OSH Act Exceptions• The self-employed • Family farms employing only immediate family members• Federal agencies covered by other statutes

– OSHA evaluates other agency programs, but can’t assess fines

– examples: DOT regulations and the railroad industry• For state and local governments:

– plans must be OSHA-approved– public employees in states without approved plans aren’t

covered by OSHA in any way• Mines and mineworkers:

– covered by US Mine Safety & Health Act of 1977


Section 5

What is OSHA

In general exceptions don’t apply when:• employee complaints are filed;• referrals are made;• health hazards and fatalities occur; or• the hospitalization of 3+ employees

Highway transportation related preemptions [reference 4(b)(1)]• FMCSA• FHWA


Section 5

What is OSHA

State Plan States


Section 5

What is OSHA

• States may assume responsibility for enforcing occupational safety and health regulations in lieu of federal OSHA

• State must issue and enforce standards that are substantially equal to the federal standards

OSHA Regions - Ohio


Section 5

What is OSHA

Northeast Ohio - The Cleveland Area Office

Southeast Ohio - The Columbus Area Office

Northwest Ohio - The Toledo Area Office

Southwest Ohio - The Cincinnati Area Office

The State of Ohio falls under OSHA's Region 5 which includes Minnesota, Michigan, Illinois, Indiana and Ohio - some of these are federal states and some are state plan states.

Who Is Accountable to OSHA?

• An EMPLOYER is defined as a person engaged in a business affecting commerce who has employees; it does not include the United States or other government entities.

• An EMPLOYEE is defined as a person employed by an employer who affects commerce.


Section 5

What is OSHA

What Does OSHA Do?

• Develop standards

• Inspect employers

• Investigate injuries and fatalities

• Issue citations and impose penalties (financial or criminal)

• Assist in occupational safety and health training


Section 5

What is OSHA

How Does OSHA Create Standards?

• Adoption of existing industry consensus standards, a controversial example is the adoption by OSHA of the MUTCD.

• Rulemaking• Emergency Temporary Standards• Grant variances – Can be granted if employer is unable to

comply by effective date of standard. Employer must comply until a decision has been made, unless issued an interim order releasing employer from obligation to comply until decision is made. Employees must be informed of all variances, interim orders


Section 5

What is OSHA

Types of VariancesTemporary: employer will eventually comply

– employer must demonstrate efforts to comply– details must be clearly stated in application– granted for 1 year max; renewable twice, 6 months max

Permanent: employer feels the need to exceed requirements of a new standard– OSHA inspects, either awards or denies variance– must live up to responsibilities or variance may be revoked

Special Variances:– Experimental where companies participating in pilot programs to

test effectiveness of new S&H procedures– National defense when variance is in best interest of US national

defense


Section 5

What is OSHA

Process for Standard Adoption, Amendment, or Revocation

1. Notice is given– in the Congressional Federal Register (CFR) of proposed

rule, change in rule, or revocation of rule2. Public Hearing

– if requested; hearing is announced in the CFR3. Publish Final Standard

– full final text of standard in the CFR– effective date is stipulated– explanation of, reasons for the standard are given

OSHA standards can be found at (www.osha.gov)


Section 5

What is OSHA

OSHA Standards

29 CFR 1926.600-606Title

Code of Federal Regulations

Part

Subpart (Grouping of Sections, 600-606 Subpart O, Motor Vehicles and Mechanized Equipment)

(1926 = Construction) Section(Individual number)


Section 5

What is OSHA

Types of OSHA Standards


Section 5

What is OSHA

OSHA enacts two types of standards for the workplace

• Safety Standards

– protect employees from safety hazards, e.g., slips, falls, laceration and amputation from machinery, fire hazards

• Health Standards

– will dictate measurements for worker exposure to hazardous agent often potential for long-term health effects, e.g., lead, noise, asbestos, radiation, etc.


• Specification & Performance Standards– Specification Standards dictate “How” AND “What.”

These standards establish specific methods used for hazard abatement. Example: the guardrail standard (29 CFR 1910.23).

– Performance Standards dictate “How” NOT “What.” These standards are goal-oriented, but they do not specify how the goal is achieved. Typically they are vague, broad, and allow employees greater flexibility in complying with the standard. Performance standards are usually preferable to a specification standards. Examples: personal protective equipment (PPE) standards


Section 5

What is OSHA

Types of OSHA Standards• Horizontal & Vertical Standards

– Horizontal standards apply across industry lines. They are applicable to general industry and apply to all covered employees. The HazCom standard (29 CFR 1910.1200) and the General industry standards (29 CFR 1910) are examples of horizontal standards

– Vertical standards apply within a specific industry. They tend to cover many of the same hazards as in horizontal standards. There are many industry-specific hazards. From OSHA’s perspective vertical standards take precedence over horizontal standards. If no vertical standard exists, then the horizontal standard applies. Example: Construction standards (29 CFR 1926)


Section 5

What is OSHA


• Consensus Standards– Consensus standards have been developed by nationally

recognized standard producing organizations with expertise in a given field (ANSI, ASTM, etc.).

– These standards are recommendations, not law unless adopted, implemented by a regulatory agency

– Section 6(a) standards existed in 1971, and were adopted as is by OSHA. They include ACGIH 1968 TLVs and all ANSI standards.


Section 5

What is OSHA

What Authority Does OSHAHave at a Construction Site?

• Inspect

• Issue Citations


Section 5

What is OSHA

• Enter a work area without delay, at reasonable times

• Inspect during regular work hours and privately question employers and employees

• Subpoena company records

• Require recordkeeping and posting of information

• Maintain an employees right to complain without retribution


Section 5

What is OSHA

Inspections

Citations• Cite for violations of OSHA standards or general duty

clause (5(a)(1))

• When issuing a citation, OSHA must ensure that:

– The citation is in writing

– It describes the particular violation and applicable standard or authority

– The citation is posted

– A reasonable abatement period is attached to the citation


Section 5

What is OSHA

Employer and Employee Rights

• Employers have the right to contest all aspects of a citation.

• Employees only have a right to contest the time period fixed for abating the hazard.


Section 5

What is OSHA

Penalties

• Willful or Repeated violations can lead to penalties up to $70,000 per violation with a minimum of $5,000 for a willful violation

• Serious and “Other than Serious” violations can be penalized to a maximum of $7,000 per violation

• Failure to abate a hazard can lead to a maximum of $7,000 per day for each day the violation continues


Section 5

What is OSHA

Penalties (continued)

• Advance notice of an inspection without authority, a maximum of $1,000 or imprisonment for not more than 6 months

• False statements, representation or certification on documents maintained as required by the OSH Act, maximum of $10,000 or imprisonment for not more than 6 months


Section 5

What is OSHA

Inspection Process

• Opening Conference

• Walk Around

• Closing Conference


Section 5

What is OSHA

What Will the Inspector Ask About & Ask For?

• Does employer have a Safety & Health Program (NOT REQUIRED IN WRITING)

• Employee Records

• Specific and Recognized Standards Violations

• Multi-Employer Issues

• Trained Personnel


Section 5

What is OSHA

Multi-Employer Policy

The entities that are responsible on a multi-employer job sites:• Employer with employees exposed to hazards• Employer who creates hazards• Employer who is responsible• The employer who has the responsibility for actually

correcting the hazard


Section 5

What is OSHA

Multi-Employer PolicyOSHA Considerations

Questions asked in evaluating the hazard:• Did the employer create the hazard?• Did the employer have the responsibility or authority to

correct the hazard? (always “yes”)• Did the employer have the ability to correct or remove

the hazard? (nearly always “yes”)


Section 5

What is OSHA

Multi-Employer Policy - OSHA Considerations

• Did the employer notify the other responsible employers about the hazard to which its employees were exposed?

• Did the employer instruct its employees to recognize the hazard and – take steps to remove its employees from exposure, or – in extreme cases, remove its employees from the job?


Section 5

What is OSHA

Required Personnel(Key OSHA Terms)

• Competent Person

• Qualified Person

• Designated Person

• Authorized Person


Section 5

What is OSHA

Competent Person

• Capable of identifying existing and predictable hazards and hazardous working conditions; and

• Has authorization to take prompt corrective measures to eliminate them


Section 5

What is OSHA

Qualified Person

• One who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has proven the ability to solve and resolve work-related problems…..

Typically all union employees receive training and would be considered “qualified.”


Section 5

What is OSHA

Authorized Person

• A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location orlocations at the jobsite

• (Same definition for Designated Person)


Section 5

What is OSHA

Can I Reduce My Liability?

• Focused Inspection in Construction

– Under development for the road construction industry

– Some program work underway in OSHA’s Region V


Section 5

What is OSHA

Focused Inspections for Roadway Construction Industry

• Elements of Focused Inspection in roadway construction are likely to include general construction elements, plus

– Focus on Heavy Equipment and Trucks

– Exposures to Lead (paint) and Crystalline Silica


Section 5

What is OSHA

Cleveland State UniversityWork Zone Safety and Efficiency Transportation Center

Section 5

What is OSHA

introduction to osha - academic server| cleveland state...

Documents