Chapter 2 Regulations and OSHA Record Keeping Flashcards
Occupational Safety and Health Act was established on what date
December 29th 1970
Primary responsibilities of OSHA under the Occupational Safety and Health Act
- Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health standards.
- Provide for research in occupational safety and health and develop innovative ways of dealing with occupational safety and health problems
Establish “separate but dependent responsibilities and rights” for employers and employees for the achievement of better safety and health conditions.
• Maintain a reporting and record-keeping system to monitor job related injuries and illnesses; establish training programs to increase the number of competence of occupational safety and health
personnel.
• Develop mandatory job safety and health standards and enforce them effectively.
Who is covered under the Occupational Safety and Health Act
All private sector employers with one or more workers in all 50 states and U.S. territories
OSHA regulations do not apply to all employers in the public sector (municipal, county,
state, or federal government agencies); self-employed individuals; family
members operating a farm; or domestic household workers
Horizontal Standards vs. Vertical Standards
Horizontal standards are those standards that apply to all industries and employers
Vertical standards are those standards that apply only to particular industries and
employers
General Duty Clause
States that an employer shall furnish “a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees
Section 5(a)(1) of 1970 Occupational Safety and Health Act
OSHA Employer Rights and Responsibilities
Examine workplace conditions to make sure they comply with applicable standards
• Minimize or reduce hazards
- Use color codes, posters, labels, or signs when needed to warn employees of potential hazards
- Provide training required by applicable OSHA standards
- Keep OSHA required records
• Provide access to employee medical records and exposure records to
employees or their authorized representatives
OSHA Employees Rights and Responsibilities
Read the OSHA poster
- Follow the employer’s safety and health rules, and wear or use all required gear and equipment
- Follow safe work practices for your job, as directed by your employer
- Report hazardous conditions to a supervisor or safety committee
- Report hazardous conditions to OSHA, if employers do not fi x them
- Expect safety and health on the job without fear of reprisal
When an OSHA inspection occurs - the employer must
Be advised by the compliance officer of the reason for the inspection
- Require identification of the OSHA compliance officer
- Accompany the compliance officer on the inspection
- Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection
OSHA workplace inspection priorities
- Imminent danger situations
- Catastrophes and fatal accidents
- Employee complaints
- Programmed high-hazard inspections
- Follow-up inspections
Inspection opening conference
Purpose of visit
How facility was selected
Scope of inspection
Applicable standards
Inspection Steps
Opening conference
Walk through inspection
Closing conference
OSHA Walk through inspections
Compliance officer determines route
Compliance officer may review records, collect air samples, measure noise readings, or photograph and videotape certain areas.
Not required to have an employee representative to accompany compliance officer
OSHA closing conference
Compliance officer gives the employer and all other interested parties a copy of the
Employer Rights and Responsibilities
The compliance officer discusses with the employer all unsafe or unhealthful conditions observed during the inspection and indicates the violations for which he or she may recommend a
citation and a proposed penalty.
At this time, the compliance officer will also inform the employer of the appeal process
OSHA Citations
Area Director determines whether he or she will issue citation and/
or propose penalties. The Area Director will send all citations via certified
mail. Once the employer has received the citation they must post the citation
for 3 days or until the violation has been abated, whichever is longer
Types of OSHA Violations
Other-Than-Serious- Violation - : A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical
Serious Violation - violation where there is a substantial probability that death or serious physical harm could result. OSHA assesses the penalty for a serious violation from $1,500 to $7,000
Willful Violation - employer is aware that a hazardous condition exists, knows that the condition violates a standard or other obligation of the Act, and makes no reasonable effort to eliminate it. OSHA may propose penalties of up to $70,000
Repeated Violation - Violation of any standard, regulation, rule, or order where, upon reinspection, a substantially similar violation is found and the original citation has become a final order. Violations can bring a fine of up to $70,000 for each such violation with the previous 3 years
Failure to Abate Violation - : Failure to correct a prior violation may bring a civil penalty of up to $7,000 for each day that the violation continues beyond the prescribed abatement date
Other OSHA Penalties
- Falsifying records, reports, or applications can, upon conviction, bring a criminal fi ne of $10,000 or up to 6 months in jail, or both.
- Violating posting requirements may bring a civil penalty of $7,000.
• Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a
fine of not more than $5,000 and imprisonment for not more than 3 years.
OSHA Appeals process for Employer
Employer - Within 15 days, employer must submit written objection to OSHA
OSHRC (Occupational Health Review Commission)
Employer may also request an informal conference with Area Director- Area Director authorized to enter into settlement agreements that revise citations and penalties
OSHA Appeal for Employee
If an employee complaint initiates an inspection, the employee or authorized employee representative may request an informal review of any decision not to issue a citation.
Employees may not contest citations, amendments to citations, proposed penalties, or lack of penalties. They may, however, contest the
time allowed for abatement of a hazardous condition
Employees may request an informal conference with OSHA to discuss any issues raised by an inspection, citation, notice of proposed penalty, or employer’s notice of intention to contest
Petition for Modification of Abatement
Employer that has made a good faith effort to complete corrections
Petition must specify steps, additional time, and interim steps to safeguard employees
Notice of Contest
If the employer decides to contest either the citation, the abatement period, or
the proposed penalty, he or she has 15 working days from the time the citation and proposed penalty are received to notify the OSHA Area Director in
writing
Hazard Communication- purpose
The Hazard Communication Standard (HCS), 29 CFR 1910.1200 (h), requires all employers to provide information and training to their employees about the hazardous chemicals to which they may be exposed at the time of their initial assignment and whenever a new hazard is introduced into their work area.
All chemicals produced or imported are evaluated, and that information concerning their hazard is transmitted to employers and employees.
Includes container labeling, safety data sheets and employee training
Written Hazardous Communication Program
List of hazardous chemicals present in workplace
methods employer will use to inform employees
Chemical manufacturer, importer, or distributer must ensure that hazardous chemicals leaving the workplace are:
Identified
Appropriate hazard warnings
Include the name and address of chemical manufacturer, importer, or other responsible party
Safety Data sheets
Employers shall have one for each hazardous chemical
Must be in English
