OSHA
Terms
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- OSH Act
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1st comprehensive legislation requiring employers to protect workers from injury or illness
-creation of OSHA
-set 3 sets of duties
-creation of NIOSH - Ocuppational safety and health administration
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-created by osh act in 1970
-sets and enforces safety standards
-mandatory to all interstate commerce
-excludes sole proprietors without employees, family farms, and mine operations; which are covered by the Mine Safety and health act
-develop reporting procedures to track trends - Duties set by OSHA
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1. mst provide every employee a place to work taht is free from recognized hazards that are causing or are likely to cause death or serious physical harm
2. employers must comply with all safety and health standards disseminated in accordance with the act
3. employers are required to comply with OSH standards, rules, and regulations that impact their individual actions and behavior - NIOSH
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national institure of occupational safety and health
-researches and evaluates workplace hazards
-makes recommendations
-develops educational materials - MSH act
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mine safety and health act
-established MSHA to ensure the safety of mine workers - Drug-free workplace act
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applies to businesses w/ $100k+/year federal contracts
must take 6 steps for compliance - Steps for compliance of drug-free workplace act
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*develop and publish a written policy
(must indicate substances and conseqences)
*establish an awareness program
*notify employees about contract conditions
*notify the contracting agency of violations
*establish penalties for illegal drug convictions
*maintain a drug-free workplace -
OHSS
other legislation affecting occupational health safety and security -
*FLSA
(fair labor standards act)
*SBREFA
(small business regulatory enforcement fairness act)
*needlestick safety and prevention act - FLSA
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fair labor standards act
applies to children, minors may not be employed in jobs considered hazardous to them - SBREFA
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small business regulatory enforcement fairness act
SBA provides consulting to small buinesses on steps?? - needlestick safety and prevention act
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all needlesticks and sharp objects be recorded
-requires involvement of front-line employees in finding safer devices
-protects employees who have endured needlestick injuries - worker compensation
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laws are handled by state and differ only federal legislations for particular industries
before used 3 common law doctrines that were in favor of employer
1. fellow servant rule
2. doctrine of contributory negligence
3. voluntary assumption of risk - fellow servant rule
- absolved employers of responsibility if a co-worker's actions caused the injury
- doctrine of contributory negligence
- mitigate employer's responsibility if the worker's actions contributed in any way to the injury
- voluntary assumption of risk
- workers who knew the dangers upfront assumed risk
- Federal worker compensation legislations
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*FECA
(federal employees compensation act)
*LHWCA
(longshore and harbor worker's compensation act)
*BLBA
(black lung benefits act)
*EEOICPA
(energy employees ocupational illness compensation plan) - FECA
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federal employees compensation act
federal employee's equivalent of worker's comp. providing similar benefits - LHWCA
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longshore and harbor worker's compensation act
provides worker's comp for maritime workers who are injured on navigable waters of the us or on docks,piers or terminals - BLBA
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black lung benefits act
provided benefits for coal miners sufering from pneumoconiosis due to mine work - EEOICPA
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energy employees ocupational illness compensation plan
provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons - OSHA standards
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osha defines certain standards that would result in improved workplace safety and health
major ones detailed below - the general duty standard
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requires provision of environment free from recognized safety and health hazards
-requires compliance w/OSHA rules, regulations, and standards - emergency action plans
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employers required to have emergency action plans to inform employees of appropriate procedures to follow during a fire or evacuation
-must designate who will stay behind
-develop process to account for all employees after an evacuation
-set who will be responsible for rescue and medical duties
-provide training when plan is developed/new employees/change of responsibility
-i.d. person responsible for maintainng it and contact info for any ?s - fire prevention plans
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-describe major fire hazards and procedures for handling and storing hazardous materials to prevent fires
-develop and implement procedures to control accumulation of inflammables
-ensure that heat producing machinery is adequately maintained - occupational noise exposure
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establishes permisible noise levels of up to 85 db
->85bd requires hearing conservation programs including audiometric testing
-hearing loss >10db requires OSHA report - personal protective equipment
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-used in jobs where employees come on contact w/ hazardous materials
-protect eyes, face, respiration, feet, hands, and head
-gear must be provided to protect from electrical shock
-must be porovided, used and maintained in working conditions
-must train in appropriate use of ppe
-responsible for ensuring employee-owned equipment is adequately maintained for use - sanitation
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requires to be clean to the extent the type of work allows
-sets guidelines for maintaining sanitary conditions - specifications for accident prevention signs and tags
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-all workplace signs must conform to osha specifications
-describe colors to be used for diff. levels of warning
-in biohazard and slow-moving vehicles more specific - OSHA warning sign colors
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red- danger
yellow-caution
orange-warning
flourescent orange/orange-red - biohazard - permit required confined spaces
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requires permits to enter spaces that may become filled w/ a hazardous atmosphere that could be immediately dangerous
-must be tested prior to an employee's entrance -
control of hazardous energy
(lockout/tagout) - applies to machinery that may start unexpectedly when safety device must be removed for inspection or maintenance and body may be subject to injury
- medical services and first aid
- -requires that all employes provide adequate first aid supplies and someone trained in first aid to asist employes in an emergency
- geneal requirements for all machines (machine guarding)
- machines must use guards to protect employees from injury
- blood borne pathogens
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take steps to prevent exposure
-exposure control plan, informing of preventive steps
-post-exposure evaluation and followup
-record keeping
-incident evaluation procedures - hazard communication standard
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-requires provision of info about physical and health hazards of chemicals used in the workplace
-must develop and maintain written hcs
-material safety data sheet is provided by chemical manufacturers provide sufficient info - categories of osha violations
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-willful
(intentional violation or indifference)
-serious
(substantial probability of death or serious harm)
-other-than-serious
(could have direct effect)
-repeat
-failure to abate
(prior violation)
-de-minimus
(no direct relationship to safety or health)$0 - employer osha responsibilities
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-minimize hazards
-inform all employees about osha
-appropriate warning signs
-educate and train on safety procedures
-businesses w/ 11+ employees must maintain record of all injuries and ilnesses and post them from feb 1 through april 30 each year
-report fatal accident or one resulting in hospitalization within 8 hours
-accident report log must be available to all curent or former employees or reps when requested
-when employee reports unsafe conditions to osha employer must not retaliate or discriminate against them - employer osha rights
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-may seek advice and consultation from osha
-may participate in advisory committee
-may contct NIOSH for info on substances to determine toxicity
-if unable to comply may apply for temp or permanent waivers - employee rights
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-seek safety and health w/o punishment
-know hazards of job
-be provided communication plan
-acess employer exposure and medical records
-request osha inspection
-request niosh info
-file complaint to osha - osha record keeping requirements
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osha form 300
osha form 300A
osha form 301 - OSHA form 300
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log of work related injuries and ilnesses
retained for 5 years - OSHA form 300A
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summary of work-related injuries and ilnesses
retained for 5 years - OSHA form 301
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injury and illness incident report
retained for 5 years - Qualified and exempted employers
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must fill of 11+employees
can be exempted if low injury industry
-unless OSHA has notified a business in writing that reports must be filed they are exempt - What must be recorded by osha
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1. must be covered by osha
2. employee covered by osha regulations
3. must be new case
-injury or ilness on employee's payroll must be recorded even if under temp payroll
-owners and partners not considered employees by osha - privacy concern cases
- measures by osha to protect employee privacy, substitute case number for name in the osha 300 log
- allowing access
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to current or former employee, reps. or personal rep.
must provide info on how to appropriately report injury or illness
osha 300 must be provided by the end of next business day
osha 301
to employee end of next business day
rep- 7 calendar days - OSHA inspections
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-conducted w/o notice by CSHO (compliance safety and health officer)trained on osha standards
-uses priorities and uses set procedure - osha inspection priorities
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1. imminent danger
2. catastrophes and fatal accidents
3. employee complaints
4. programmed high-hazard inspections
5. follow-up inspections - osha inspection procedure
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1. csho presents credentials
-may require inspector to have security clearance
2. opening conference
3. tour facilities
4. closing conference - OSHA inspection opening conference
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-why site selected
-purpose of visit
-scope of inspection
-discuss standards that apply
will request employee rep to accompany on tour - OSHA inspection tour
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-inspector will determine route and where to look and to which employees to talk to
*review safety program
*examination of records
*ensuring OSHA poster is prominently displayed
*evaluation of compliance standards
*pointing out unsafe work conditions
employer may raise affirmative defense to violatons observed - OSHA inspection closing conference
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dicuss obervations and corrective actions
osha area director makes final decisions - OSHA inspection employer rights and responsibilities
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-required to cooperate by providing records and employee rep.
- citations issued must be postedat or near worksite involved, must remain for 3 working days or until has been abated
-may file notice of contest within 15 days of citation receipt - OSHA consultants
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osha provides free consultation to busineses to help with safety
SHARP recognizes small high hazard employers who have requested osha consultation - strategic partnerships program
- help osha solve health and safety problems
- osha alliance program
- collaboration w/ orgs interested in promoting health and safety
- voluntary protection program
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employers w/ tough established safety programs
must meet osha criteria for this and willbe removed from scheduled inspections list