1.Intro to OSHA

7/31/2019 1.Intro to OSHA

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Outreach Training Material

On Occupation Health and Environmental

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INTRODUCTION TO OSHA

More than 90 million Americans spend their days on the job. Until 1970, nouniform and comprehensive provisions existed for their protection againstworkplace safety and health hazards.The Occupational Safety and Health Act (OSH ACT) was approved by Congress in1970, to assure so far as possible every working man and woman safe andhealthful working conditions.In general, coverage of the Act extends to all employers in the 50 states, theDistrict of Columbia, Puerto Rico, and all other territories under FederalGovernment.

OSHA:Occupational Safety and Health Administration US Department of Labor.Employers: As defined by the Act, an employer is any person

engaged in a business affecting commerce who hasemployees.

A competent person: is defined as one who is capable of identifyingexisting and predictable hazards in the surroundings or

working conditions which are unsanitary, hazardous, ordangerous to employees, and who has authorization totake prompt corrective measures to eliminate them

CFR: Code of Federal Regulations is a codification of the general and permanentrules published in the Federal Register by Executivedepartments and agencies of the Federal Government.The code is divided into 50 titles which represent broadareas subject to Federal regulations. Each title isdivided into chapters which usually bear

the name of the issuing agency. Each chapter is further subdivided intoparts covering specific regulatory areas. Based on thisbreakdown, OSHA is designated title 29-Labor, ChapterXVII.

Under Chapter XVII, the regulations are broken down into parts. (OccupationalSafety and Health Standards)For example:

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Part 1910: General Industry Standards

Part 1926: Construction Safety Standards

Under each part, such as Part 1910, major blocks information are broken intosubparts.The major subparts in the 1910 standards include:

Subpart D Walking Working Surfaces

Subpart E Means of Egress

Subpart F Powered Platforms, Manlifts, and Vehicle-MountedWork Platforms

Subpart G Occupational Health and Environmental Control

Subpart H Hazardous Materials Subpart I Personal Protective Equipment

Subpart J General Environmental Controls

Subpart K Medical and First Aid

Subpart L Fire Protection

Subpart M Compressed Gas and Compressed Air Equipment

Subpart N Materials Handling and Storage

Subpart O Machinery and Machine Guarding

Subpart P Hand and Portable Powered Tools and Other Hand-Held Equipment

Subpart Q Welding, Cutting and Brazing

Subpart R Special Industries Subpart S Electrical

Subpart Z Toxic and Hazardous Substances

Each subpart is further broken down into sections. Let us look at one subpart indetail: Subpart D Walking Working Surfaces.The index of Subpart D is shown below:

1910.21 Definitions

1910.22 General requirements1910.23 Guarding floor and wall openings and holes

1910.24 Fixed industrial stairs

1910.25 Portable wood ladders

1910.26 Portable metal ladders

1910.27 Fixed ladders

1910.28 Safety requirements for scaffolding



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1910.29 Manually propelled mobile ladder stands and scaffolds (towers)

1910.30 Other working surfaces

1910.31 Sources of standards1910.32 Standards organizations

OSHA PURPOSE:Under the OSH ACT (1970), the Occupational Safety and Health Administration(OSHA) was created within the Department of Labor in 1971 to:1- Encourage employers and employees to reduce workplace hazards and to

implement new or improve existing safety and health programs.2- Provide for research in occupational safety and health to develop innovative

ways of dealing with occupational safety and health problems.

3- Establish separate but dependant responsibilities and rights for employersand employees for the achievement of better safety and health conditions.

4- Maintain a reporting and record-keeping system to monitor job-relatedinjuries and illnesses.

5- Establish training programs to increase the number and competence ofoccupational safety and health personnel.

6- Develop mandatory job safety and health standards and enforce themeffectively

7- Provide for the development, analysis, evaluations and approval of stateoccupational safety and health programs.

In carrying out its duties, OSHA is responsible for promulgating legally enforceablestandards. OSHA standards may require conditions, or the adoption or use of ormore practices, means, methods or processes reasonably necessary andappropriate to protect workers on the job. It is the responsibility of employers tobecome familiar with standards applicable to their establishments and to ensurethat employees have and use personal protective equipment when required forsafety.Employees must comply with all rules and regulation which are applicable to theirown actions and conduct.

The OSHA standards were taken from three sources: consensus standards,proprietary standards, and federal laws in effect when the Occupational Safety andHealth Act become law.

1- Consensus Standards: are developed by industry-wide standard-developing organizations and are discussed and substantially agreed uponthrough consensus by industry. OSHA has incorporated the standards of



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the two primary standards groups, the American National StandardsInstitute (ANSI) and the National Fire Protection Association (NFPA), into its

set of standards.2- Proprietary Standards: are prepared by professional experts within

specific industries, professional societies, and associations. The proprietarystandards are determined by a straight membership vote, not by consensus.(An example is the Compressed Gas Association)

3- Federal Law: Some preexisting federal laws are enforced by OSHA,including the Federal Supply Contracts; the Federal Service Contracts Act;the Contract Work Hours and Safety Standards Act; and the NationalFoundation on the Arts and Humanities Act. Standards issued under these

Acts are now enforced in all industries where they apply.

Standards are sometimes referred to as being either horizontal or vertical in theirapplication. Most standards are horizontal or general which means they apply toany employer in any industry. Standards relating to fire protection, workingsurfaces and first aid are examples of horizontal standards.Some standards, though, are relevant only to a particular industry, and are calledvertical, or particular standards. Examples are standards applying to thelongshoring industry or the construction industry, and to the special industriescovered in Subpart R of 1910.

To enforce its standards, OSHA is authorised under the Act to conduct workplaceinspections. Every establishment covered by the Act is subject to inspection byOSHA compliance safety and health officers.Under the Act, upon presenting appropriate credentials to the owner, operator oragent in charge, an OSHA compliance officer is authorized to:

Enter without delay and at reasonable times any factory, plant,establishment, construction site or other areas, workplace, or environmentwhere work is performed by an employee of an employer; and to

inspect and investigate during regular working hours, and at otherreasonable times, and within reasonable limits and in a reasonable manner,any such place of employment and all pertinent conditions, structures,machines, apparatus, devices, equipment and materials therein, and toquestion privately any such employer, owner, operator, agent or employee.

Inspection PrioritiesOSHA has established a system of inspection priorities:



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1- Imminent Danger Imminent danger situations are given top priority. An immenent danger is

any condition where there is reasonable certainty the adanger exists that can e expected to cause death or serious physical harmimmediately, or before the danger can be eliminated through normalenforcement procedures.Serious physical harm is any type of harm that could cause permanent orprolonged damage to the body or which, while not damaging the body on aprolonged basis, could cause such temporary disability as to require in-patient hospital treatment. OSHA considers that permanent or prolongeddamage has occurred when, for example, a part of the body is crushed orsevered; an arm, leg or finger is amputateed; or sight in one or both eyes islost.

2- Catastrophes and Fatal AccidentsSecond priority is given to investigation of fatalities and catastrophesresulting in hospitalization of three or more employees. Such situationsmust be reported to OSHA by the employer within 8 hours. Investigationsare made to determine if OSHA standards were violated and to avoidrecurrence of similar accidents.

3- Employee ComplaintsThird priority is given to employee complaints of alleged violation of

standards or of unsafe or unhealthful working conditions.

4- Programmed High-Hazard InspectionsNext in priority are programmed, or planned, inspections aimed at specifichigh-hazard industries, occupations or health substances.

5- Follow-up InspectionsA follow-up inspection determines whether previously cited violations havecorrected.

CITATIONS AND PENALTIES

After the compliance officer reports findings, the area director determines whatcitations, if any will be issued, and what penalties, if any, will be proposed.Citations inform the employer and employees of the regulations and standardsalleged to have been violated and of the proposed length of time set for their



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abatement. The employer will receive citations and notices of proposed penaltiesby certified mail. The employer must post a copy of each citation at or near the

place a violation occurred, for three days or until the violation is abated, whicheveris longer.

1- Other Than Serious Violation: A violation that has a directrelationship to job safety and health, but probably would not cause death orserious physical harm. A proposed penalty of up to $7.000 for each violation isdiscretionary. A penalty for an other-than- serious violation may be adjusteddownward by as much as 95 percent, depending on the employers good faith(demonstrated efforts to comply with the Act).

2- Serious Violation A violation where there is substantial probabilitythat death or serious physical harm could result and that the employer knew, orshould have known, of the hazard. A mandatory penalty of up to $ 7.000 for eachviolation is proposed. A penalty for a serious violation may be adjusted downward,based on the employers good faith, history of previous violations, the gravity ofthe alleged violation, and size of business.

3- Willful Violation A violation that the employer knowingly commitsor commits with plain indifference to the law. The employer either knows thatwhat he or she is doing constitutes a violation, or is aware that a hazardous

condition existed and made no reasonable effortto eliminate it.

If an employer is convicted of a willful violation of a standard thathas resulted in the death of an employee, the offense is punishableby a court-imposed fine or by imprisonment for up to six months, or

both. A fine of up to $ 250.000 for an individual, or $ 500.000 for acorporation, may be imposed for a criminal conviction.

4- Repeated Violation A violation of any standard, regulation, rule, ororder where, upon re-inspection, a substantially similar violation can bring a fine ofup to $ 70.000 for each violation. To be the basis of a repeated citation, the



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original citation must be final; a citation under contest may not serve as the basisfor a subsequent repeated citation.

5- Failure to Abate Prior Violation Failure to abate a prior violationmay bring a civil penalty of up to $ 7.000 for each day the violation continuesbeyond the prescribed abatement date.

Additional violations for which citations proposed penalties may be issuedupon conviction:

a. Falsifying records, reports or applications can bring a fine of $10.000 or up to six months in jail, or both.

b. Violations of posting requirements can bring a civil penalty of up to $

7.000.c. Assaulting a compliance officer, or otherwise resisting, opposing,intimidating, or interfering with a compliance officer while they are

engaged in the performance of their duties is a criminaloffense, subject to a fine of not more than $ 5.000 andimprisonment for not more than three years.

SERVICES AVAILABLE BY OSHA

Consultation assistance is available to employers who want help inestablishing and maintaining a safe and healthful workplace. Largelyfunded by OSHA, the service is provided at no cost to the employer.No penalties are proposed or citations issued for hazards identifiedby the consultant.This process begins with the employers request for consultation andthe commitment to correct any serious job safety and healthidentified by the consultant. Possible violations of OSHA standardswill not be reported to OSHA enforcement staff unless the employerfails or refuses to eliminate or control worker exposure to anyidentified serious hazard or imminent danger situation.Consultation assistance includes an appraisal of all mechanical,physical, work practice, and environmental hazards of the workplaceand all aspects of the employers present job safety and healthprogram.



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The Voluntary Protection Programs (VPPs) represent one part ofOSHAs effort to extend worker protection beyond the minimumrequired by OSHA standards. These programs, along with otherssuch as expanded onsite consultation services and full-service areaoffices, are cooperative approaches which, when coupled with aneffective enforcement program, expand worker protection to helpmeet the goals of the Occupational Safety and Health Act of 1970.

OSHAs area offices are full-service centers offering a variety ofinformational services such as availability for speaking engagements,publication, audiovisual aids on workplace hazards, and technicaladvice.

The OSHA Training Institute in Des Plaines, IL, provide basic andadvanced training and education in safety and health for federal andstate compliance officers; state consultants; other federal agencypersonnel; and private sector employees, employees and theirrepresentatives. Institute courses cover areas such as electricalhazards, machine guarding, ventilation and erognomics.


Documents

1.Intro to OSHA