Chapter 2 Flashcards
(35 cards)
Agencies created by OSHAct
OSHA, Occupational Safety and Health Administration
NIOSH, National Institute for Occupational Safety and Health
OSHRC, Occupational Safety and Health Review Commission
NACOSH, National Advisory Committee on Occupational Safety and Health
OSHA
Occupational Safety and Health Administration
Establish OSH regulations
Enforce compliance
Provide worker education
Encourage state programs
NIOSH
National Institute for Occupational Safety and Health
Conduct OSH research
Develop criteria and recommendations for new OS&H regulations
Professional education and manpower development
Health Hazard Evaluations
OSHRC
Occupational Safety and Health Review Commission
Review contested OSHA citations
Civil court rules
Contested decisions go to US Appeals Courts
After that to Supreme Court
NACOSH
National Advisory Committee on Occupational Safety and Health
NACOSH’s duties are solely advisory and consultative. NACOSH advises, consults with, and makes recommendations to the Secretary and the HHS Secretary on matters relating to the administration of the OSH Act.
NACOSH is comprised of 12 representative members the Secretary appoints. The composition of NACOSH is as follows:
Two members represent management;
Two members represent labor;
Two members represent occupational health professions. The HHS Secretary designates these members;
Two members represent occupational safety professions; and
Four members represent the public. The HHS Secretary designates two of these members.
General Duty Clause, or Section § 5(A)(1)
Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees
This is an important tool to allow OSHA to address hazards for which no regulation exists.
What are ‘recognized hazards’?
Common knowledge or generally known in a particular industry
Readily detectable by the senses
Widely known and easily detected by simple tests – employer should easily know about the hazard
The General Duty Clause, § 5 (A) (2):
Each employer shall comply with occupational safety and health standards promulgated under the act.
This clause allows OSHA to enforce its regulations.
General Duty Clause, § 5 (A) (3):
The employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to his own actions and conduct.
OSHA does not enforce this, but this supports employers when they enforce work rules related to safety and health.
The OSHA Law
OSH Regulations (standards)
Definition
A standard requires conditions, or adoption of work practices to provide safe and healthful employment.
Origins of regulations
§ 6 (A) Temporary standards
Within two years of effective date of law
Promulgate as OSHA regulation (standard)
Any national consensus standard
Proprietary standards
Pre existing Federal standards
The OSH Law
§ 6 (A) Temporary standards
§ 6 (A) Temporary standards – sources Consensus NFPA ANSI Proprietary Underwriters Laboratories – UL Electrical safety / consumer products Factory Mutual – FM Industrial safety / fire safety American Society of Mechanical Engineers – ASME Ventilation control American Conference of Governmental Industrial Hygienists (ACGIH) Primarily TLVs, which where incorporated as PELs when OSHA was created. Most PELs are based on 1968 TLVs. Many more sources
The OSH Law
§ 6 (B) Permanent Standards
Specific protocol must be followed
Administrative Procedures Act must be followed
The OSH Law
§ 6 (B) (5) New Standards
…shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.
…other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws.
The OSH Law
Develop new standard or regulation
Indication of need
Request for additional information (ANPR)
Review all information
Develop proposed standard
Review feasibility
Publish a notice – NPR (Notice of Proposed Rulemaking)
Public comment period at least 30 days
Public hearings scheduled upon request (likely)
Review these comments
Revise standard as need, based on evidence in docket
Publish final rule (promulgate rule)
The OSH Law
Develop new standards – Judicial Review
Legal battles common, especially early in OSHA’s history
Fifth Circuit Court vs Second Circuit Court.
•In early years, Fifth Circuit favored management and Second Circuit favored labor. There are still battles relating to judges appointed to the various courts.
Requirements to set new rules changed over years, based on Supreme Court decisions
Over the years, court challenges to new OSHA regulations helped define what OSHA must do to establish new regulations. The following are some of the most important decisions.
Carcinogens (1974) regulation included chemicals known to cause cancer in animals, but not humans. OSHA may use information ‘on the frontiers of scientific knowledge’. At the time, it was not scientific consensus that animal carcinogens are likely to be human carcinogens.
Asbestos (1972) did not protect against cancer, only asbestosis. OSHA may consider economic factors in setting standards. The asbestos industry said a lower standard would have extreme economic impact. Claims of extreme economic impact are common, but not usually borne out.
Vinyl chloride (1974) PEL of 1 ppm, the limit of detection. OSHA used a policy of no threshold of exposure to a carcinogen, and rule was ‘technology forcing’. The plastics industry had to come up with new technology. This was successful, and not overly costly.
The OSH Law
3 Examples
Lead (1978) includes Medical Removal Protection (MRP), to supplement the PEL. This meant OSHA was setting limits on pay, work time and seniority. This had previously been not subject to OSHA regulation.
Benzene (1978) OSHA did not conduct risk assessment (based on vinyl chloride decision). Supreme Court held that OSHA must demonstrate that a significant hazard exists, and that the new rule will reduce the hazard. Now OSHA must conduct risk assessment for all new regulations.
Cotton Dust (1978) OSHA may not conduct cost-benefit analysis in developing new standards. OSHA must consider the economic impact of new regulations, but may not balance benefits and costs.
The OSH Law
Types of standards
Performance Standards require an outcome
Design Standards require an action, such as adequate ventilation
Vertical Standards apply to a particular industry or operation
Horizontal Standards apply across industry or operation
The OSH Law
Occupational Exposure Limits
Maximum exposure concentrations, to ensure health. Exposure should be kept below these values.
Remember you want to be confident no worker is exposed above the limit you are using.
OSHA Permissible Exposure Limits (PEL) are mandatory limits, others are guidelines.
ACGIH Threshold Limit Values (TLV)
Proprietary, you may have to pay to view the limits.
NIOSH Recommended Exposure Limit (REL)
The NIOSH Pocket Guide lists the PEL and REL.
AIHA Workplace Employee Exposure Limit (WEEL)
ANSI, Germany, other sources
The Hazardous Substances Data Bank is a good resource for information, including exposure limits for many chemicals.
The OSH Law
OSHA PELs
Most were § 6(A) standards based on consensus proprietary guidelines:
29 CFR 1910.1000
•Table Z-1 (1968 TLV list)
•Table Z-2 (ANSI list)
•Table Z-3 (ACGIH mineral dust)
Not many have been updated, partly because it is difficult to follow § 6(B) process
The OSH Law
OELs have limitations
Not a community index (i.e. children)
Assume 8 hour day, 40 hour week
Adjust for other work patterns
NIOSH RELS assume 10 hour day, 40 hour week
Not a proof of hazard
May not be appropriate for all work conditions
The OSH Law
Action Level
Added to new health standards § 6(B).
An exposure concentration chosen sufficiently below the exposure limit so that a random exposure measurement falling below this concentration indicates to a high level of confidence that a large proportion of all exposures are below occupational exposure limit.
Often ½ the PEL
Substance specific standards
Mandate specific actions such as signs, communication, exposure monitoring, medical monitoring
The OSH Law
Hazard Communication (1983)
Chemical manufacturers must determine the physical and health hazards of their products. They must communicate these using labels on containers and Material Safety Data Sheets (MSDS).
RECENTLY UPDATED: GHS (globally harmonized systems).
This revision will have an impact on how hazard information is communicated.
The OSH Law
Hazard Communication Standard
Written hazard communication program
Tell employees about the HAZCOM standard
Explain how it works in their workplace
Provide information and training on hazardous chemicals
Teach how to interpret MSDSs – now SDS (Safety Data Sheets)
Provide MSDSs - now SDS
Teach how to handle chemicals safely
