Makes the US Occupational Safety and Health Administration (OSHA) responsible for assuring so far as possible every working man and woman in the Nation safe and healthful working conditions.
Occupational Safety and Health Act
Employers to 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 employees.
Occupational Safety and Health Act Requires:
All employers in the United States and its territorries.
In General, The Act Extends to:
Coverage is provided by federal OSHA or through this kind of program, which is required to be at least as effective as the federal program.
OSHA-Approved State Program
- Inspect any facility under its jurisdiction
- Issue citations
- Assess penalties for violations
To Carry out Its Charge, OSHA has the Authority to:
To provide NFDA members with basic information on compliance with general OSHA standards and more detailed information on compliance with three specific standards.
- Hazard communication
- Formaldehyde exposure and
- Exposure to bloodborne pathogens
This guide cannot be relied upon as a substitute for the actual regulations in effect in your state. This guide replaces all previous NFDA " Living with OSHA" compliance gudes distributed to members.
Intended o serve as a Basic Model for Establishing Policies and Programs Necessary for Compliance
Usually conducted without advance notice. Alerting an employer without proper authorization in advance of an OSHA inspection can bring a fine of up to $1,000 and/or a 6 month jail term. (misdemeanor).
- Imminent danger
- Catastrophes and fatal accidents
- Employee complaints
- Programmed inspection
- Follow-up inspection
Any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures.
Investigation of fatalities and accidents resulting in hospitalization of five or more employees.
Catastrophes and Fatal Accidents
Formal employee complaints of alleged violations of standards or of unsafe or unhealthful working conditions.
Inspections aimed at specific high hazard industries. Industries are selected for inspection on the basis of injury incidence rates, previous citation history, employee exposure to toxic substances, or random selection.
To determine previously cited violations have been corrected.
When the OSHA compliance officer arrives at the establishment, he or she should display official credentials and ask to meet with an appropriate employer representative. Employers should always ask to see the compliance officer's credentials, which can be verified by calling the nearest federal or state OSHA office.
May not collect a penalty at the time of inspection or promote the sale of a product or service at any time; anyone who attempts to do so should be reported to the FBI or local law enforcement officials.
This is when the compliance officer explains how the establishment was selected and determines whether it will be subject to a comprehensive safety inspection. The compliance officer will also ascertain whether an OSHA-funded consultation program is in progress or whether the facility is pursuing or has recieved an inspection exemption; if so, the inspection may be terminated.
In the Opening Conference
- The purpose of the visit
- The scope of the inspection
- The standards that apply
The employer will be given a copy of applicable safety and health standards as well as a copy of any employee complaint that may be involved (with the employee's name deleted, if the employee has requested anonymity).
The Compliance Officer Explains:
The employer is asked to select this, to accompany the compliance officer during the inspection.
Is also given the opportunity to attend the opening conference and to accompany the compliance officer during the inspection.
Employee Representative Selected by the Employees
That an employee representative participate in the inspection. Where there is no authorized employee representative, however, the compliance officer must consult with a reasonable number of employees concerning safety and health matters in the workplace.
The Law Does not Require:
The compliance officer and accompanying representative proceed through the establishment to inspect work areas for safety or health hazards. The route and duration of the inspection are determined by the compliance officer.
After the Opening Conference
- Observes safety and health conditions and practices
- Consults with employees privately
- If necessary, takes photos and instrument readings
- Examines records
- Collects air samples
- Measures noise levels
- Surveys existing engineering controls
- Monitors employee exposure to toxic fumes, gasses, and dusts.
The Compliance Officer:
OSHA places special importance on this. The compliance officer will inspect records of deaths, injuries and illness whch the employer is required to keep.
Posting and Recordkeeping
He or she will check to see that a copy of the totals from the last page of OSHA Form No. 200 has been posted and that the OSHA workplace poster (OSHA 2203) is prominently displayed.
The Compliance Officer will Inspect Records of Deaths, Injuries and Illness Which the Employer is Required to Keep.
Explains employee's safety and health rights.
OSHA Workplace Poster (OSHA 2203)
Funeral homes are required to prominently display this.
OSHA's Workplace Safety Poster or Their State Equivalent
Funeral homes are not required by state law to maintain or post this.
OSHA Forms 200 or 101
The compliance officer will point out to the employer any unsafe or unhealtful working condition observed and will discuss possible corrective action if the employer so desires.
During the Course of Inspection
After the inspection tour, this is held with the compliance officer, the employer, adn the employee representative.
During the closing conference, the compliance officer will give the employer a copy of this, briefly discuss the information in the booklet and answer any questions.
"Employee Rights and Responsibilities Following an OSHA Inspection"
- All unsafe or unhealthful conditions observed on the inspection
- Indicates all apparent violations for which a citation and a proposed penalty may be issued or recommended.
- Will not indicate any specific proposed penalties
- The employer is informed of appeal rights
During the Closing Conference, the Compliance Officer Discusses with the Employer:
After the compliance officer reports findings, the area director determines if citations will be issued and if penalties will be proposed.
Inform the employer and employees of the regulations and standards alleged to have been violated and of the proposed length of time set for their abatement.
The employer will recieve citations and notices of proposed penalties in this way.
The employer must post a copy of each citation at or neat the place a violation occurred for:
3 Days or Until the Violation is Abated, Whichever is Longer
May differ in states wtih their own occupation saftey and health programs.
Citations and Penalty Procedures
When issued a citation and notice of proposed penalty, an employer may request this with OSHA's area director to discuss the case.
Authorized to enter into settlement agreements that revise citations and penalties. This can avoid prolonged legal disputes ad result in speedier hazard abatement.
The Area Director
May request an informal conference with OSHA to discuss any issues reaised by an inspeaction, citation, notice or proposed penalty, or employer's notice of intention to contest.
Upon receiving a citation, the employer must correct the cited hazard by the abatement date unless he or she contests the citation abatement date.
Petition for Modification of Abatement (PMA)
Pay prevent the completion of corrections by the specified date. In such a situation, the employer who has made a good faith effort to comply may file for a PMA date.
Factors Beyond the Employer's Control
Within 15 working days of receipt of a citation, the employer who wishes to contest a citation must submit a written objection to OSHA.
Notice of Contest
The OSHA area director forwards the objection to this, which operates independently of OSHA or the Department of Labor
Occupational Safety and Health Review Commission (OSHRC).
Failure to submit a written objection to OSHA will result in the citation and proposed penalty becoming a final order fo the OSHRC without further appeal. An orally expressed disagreement will not suffice. This written notification is called:
Notice of Contest
A copy of the notice of contest must be given to this person. If any affected employees are not represented by a recognized bragaining agent, a copy of the notice must be posted in a prominent location in the workplace or given personally to each unrepresented employee.
The Employee's Authorized Representative
Upon receiving the case, the OSHRC assigns the case to:
An Administrative Law Judge
A hearing may be scheduled here. The employer and the employees have the right to participate in the hearing; the OSHRC does not require that they be represented by attorneys.
A Public Place Near the Employer's Workplace
Any party to the case may request a further review by OSHRC. Any of the three OSHRC Commissioners also may, at his or her own motion, bring a case before the Commission for review. Commission rulings may be appealed to the appropriate US Court of Appeals.
Once the Administrative Law Judge has Ruled
States with their own occupational safety and health programs have a state system for review and appeal of citations, penalties, and abatement periods. The procedures are generally similar to federal OSHA's, but cases are heard by a state review board or equivalent authority.
Appeals in State Plan States
All employers, including funeral directors, must display OSHA's job safety and health protection workplace poster 2203, or its state equivalent.
Safety and Health Workplace Postor
- OSHA form 200
- OSHA form 101
OSHA Relies Heavily Upon the use of Two Standard Forms to Capture Work-Related Information on Illnesses and injuries:
A basic log and summary of information regarding each injury and illness noted on the log. Employers required to maintain the log must also post it periodically.
OSHA form 200
Used to supply supplementary information regarding each injury and illness noted on the log. This form need not be completed if other report forms, such as worker's compensation reports, contain all the specified information.
OSHA form 101
OSHA forms 200 and 101 are not required by these people to maintain, unless a particular firm is notified by the Bureau of Labor Statistics that it has been selected to participate in a statistical survey. Standard industry Classification (SIC) series 7.2 is exempt from this basic recordkeeping requirement. Funeral service is SIC 7261, therefore funeral service is exempt.
May be subject to illness and injury logs of an equivalent state requirement, and can check with their state association, OSHA office or NFDA for information specific to their state.
Funeral Homes Operating in States with OSHA Approved Safety and Health Plans
NFDA strongly recomends members voluntarily obtain and use the standard forms provided by OSHA to record work-related illnesses and injuries in the funeral home. The forms are readily available from OSHA offices and well-designed for this purpose. Posting is not necessary.
Despite the Federal Exemption
Along with all other businesses covered by OSHA regulations, funeral homes are required to report, orally or in writing, to their local or regional OSHA office, any employment accident which results in death of an employee or the hospitalization of five or more employees.
The accident report must be filed within this time frame of the accident, and must explain the circumstances of the accident; the number of fatalities, if any; and the extent of any injuries.
All workers performing tasks in or for our firm shall be informed about potential hazards in the workplace and procedures which must be followed to reduce or eliminate hazards. Proper equipment, protective clothing, procedures and training shall be provided at no cost to employees. Dedication to safe working and driving habits is expected of all personnel. Trade embalmers and other workers who are not directly employed by the firm shall be advised to this policy.
General Health and Safety
Agreements and contracts with independent contractors shall be executed with specific provisions regarding responsibilities for compliance with OSHA standards.
Where the work place and premises are jointly owned, operated and controlled by two or more parties, the parties shall execute an agreement or contract specifying responsibilities for compliance with OSHA standards. Where the work environment and premises are owned, operated and controlled by primary business, and a secondary business or employer utilizes the work site under a contractual or other agreement, the primary business shall accept full responsibility for compliance with OSHA standards.
Risk of employee exposure to occupational safety and health hazards shall be minimized. Employee access to work areas where hazardous substances are present shall be minimized and strictly regulated. Work practices and tasks performed by individuals in different job classifications shall be reviewed and changed if necessary to eliminate or reduce exposure risk.
Employees are required to report to management all incidences of work-related illnesses, injury, and accidents. This practice is required regardless of how minor an incident may seem at the time it occurs.
Reports of Illness, Injuries and Accidents
Failure to follow procedures necessary to protect against occupational exposure to hazardous substances may result in disciplinary action or dismissal of an employee or the termination of a contractual arrangement with an independent contractor.
Sanctions for Noncompliance
A separate, written emergency plan specific to this funeral home facility shall be developed, consisting of information on:
- The location of first aid kits in the facility and in vehicles;
- The location of drench shower and eyewash facilities;
- Emergency phone numbers for paramedics and fire departments;
- The name, address and phone numbers of area hospitals an emergency rooms;
- The location of emergency exits;
- The location of extinguishers and hoses;
- The procedure to be followed in the event of a fire or other emergency.
- The names or job titles of individuals responsible for responding to the need for emergency action, including the evacuation of designated areas, calling for emergency assistance and accounting for all employees following evacuation.
Seperate, written plans shall be developed for compliance with the following OSHA standards:
- Hazard communication
- Formaldehyde exposure
- Exposure to bloodborne pathogens
Standard Specific Plans
Considered to be on of the most important aspects of occupational safety and health. At the least, training shall be conducted at the time an employee is introduced to a hazard, at the time any new hazards are introduced to the workplace and any time new information becomes available on the risk of exposure to hazards or safe work practices. Training on some hazards shall be conducted annually. Frequency and centent of training programs is specified under each standard-specific compliance plan.
- Occupational safety and health records shall be maintained as specified under each standard-specific compliance plan.
- Employee medical records shall be maintained seprately from other personnel records to assure confidentiality, and shall be retained for the duration of employment plus 30 years.
- An employee or designated representative of an employee shall be promptly granted access to medical record upon request.