Background of OSHA. Course #7510 Introduction to OSHA for Small Businesses. Objectives. Welcome to

Size: px

Start display at page:

Download "Background of OSHA. Course #7510 Introduction to OSHA for Small Businesses. Objectives. Welcome to"

Arleen Rich
6 years ago
Views:

Identify basic employer and employee responsibilities and rights under OSHA 3. Recognize how OSHA standards are organized and developed 4.

1 Welcome to Course #7510 Introduction to OSHA for Small Businesses Paige Rohrig, CSP Paul Schlumper, PE, CSP Georgia Tech Research Institute 1 Objectives 1. Describe the tools OSHA uses to reduce workplace injuries and illnesses 2. Identify basic employer and employee responsibilities and rights under OSHA 3. Recognize how OSHA standards are organized and developed 4. Select the steps of the OSHA inspection process 5. Recognize the four elements of a safety and health management system 6. Obtain information about compliance assistance 2 Background of OSHA Section 1 3 1

5 million workers disabled by work-related injuries Estimated 300,000 cases of work-related illness 5 OSHA s Impact Since 1970

2 OSHA s Establishment Occupational Safety and Health Administration Law (OSH Act) signed on December 29, 1970 Goal: To provide worker safety and health protection 4 Prior to 1970 Why OSHA is Needed? More than 14,000 worker deaths annually 2.5 million workers disabled by work-related injuries Estimated 300,000 cases of work-related illness 5 OSHA s Impact Since 1970 Work-related fatalities cut by 62% Overall injury and illness rate reduced 42% Brown lung disease eliminated Trenching fatalities reduced 35% 6 2

3 General Duty Clause 7 Focus on Small Businesses Small Businesses Represent more than 99.7% of employers Employ more than half of all private sector employees Pay 44.5% of total U.S. private payroll Generate 60 80% of new jobs annually 8 OSHA s Tools Strong, fair and effective enforcement Outreach, education and compliance assistance Partnerships and other cooperative programs 9 3

Summary of Section 1 - Background of OSHA When was the Occupational Safety and Health Act signed? Why was OSHA necessary? What are the 3 tools OSHA uses to fulfill its mission?

4 Summary of Section 1 - Background of OSHA When was the Occupational Safety and Health Act signed? Why was OSHA necessary? What are the 3 tools OSHA uses to fulfill its mission? 10 Coverage, responsibilities and rights under OSHA Section 2 11 OSHA Coverage All private sector employers and their employees in the U.S. and its territories and jurisdictions Does not cover: The self-employed Immediate members of farming families with no outside workers Mine workers, certain truckers and transportation workers, atomic energy workers Public employees 12 4

13 Major Employer Responsibilities Provide a workplace free from recognized hazards Comply with OSHA standards and regulations Be familiar with standards

5 OSHA Coverage Group Exercise 1. Dana Wilson, a public school teacher at Apple Valley Elementary. 2. Harry Adams, a miner at Below Ground Inc. 3. Adrian Smith, one of 3 employees of ABC landscaping. 4. Taylor Dell, an accountant in business for herself. 13 Major Employer Responsibilities Provide a workplace free from recognized hazards Comply with OSHA standards and regulations Be familiar with standards applicable to your workplace and make copies available 14 Major Employer Rights Obtain free advice and on-site consultation Accompany compliance officer on inspection Request an informal conference Contest citations and penalties 15 5

Employee Responsibilities and Rights Responsibilities include: Complying with OSHA standards Wearing required PPE Reporting hazards to supervisor Rights include: Reviewing standards Receiving

6 Employee Responsibilities and Rights Responsibilities include: Complying with OSHA standards Wearing required PPE Reporting hazards to supervisor Rights include: Reviewing standards Receiving training Requesting an OSHA investigation Reviewing the OSHA 300 Log 16 Whistleblower Act Protects employees from retaliation for reporting violations related to 22 federal acts Not limited to just the OSH Act Employees can report retaliation to OSHA 17 Section 11(c) Discrimination can include: Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Reassignment affecting future promotions Reducing pay or hours 18 6

7 Protected Activities Workplace safety or health Health insurance reform Asbestos in schools Motor vehicle safety Cargo containers Nuclear Airline Pipeline Commercial Public transportation Motor carrier agency Consumer product Railroad Environmental Maritime Financial reform Motor vehicle safety Food safety Securities laws 19 Covered Acts Asbestos Hazard Emergency Response Act Occupational Safety and Health Act (30 days) (90 days) Pipeline Safety Improvement Act (180 days) Clean Air Act (30 days) Safe Drinking Water Act (30 days) Comprehensive Environmental Response, Sarbanes-Oxley Act (180 days) Compensation and Liability Act (30 days) Seaman s Protection Act (180 days) Consumer Financial Protection Act of 2010 Section 402 of the FDA Food Safety (180 days) Modernization Act (180 days) Consumer Product Safety Improvement Act Section 1558 of the Affordable Care Act (180 days) (180 days) Energy Reorganization Act (180 days) Solid Waste Disposal Act (30 days) Federal Railroad Safety Act (180 days) Surface Transportation Assistance Act Federal Water Pollution Control Act (30 days) (180 days) International Safe Container Act (60 days) Toxic Substances Control Act (30 days) Moving Ahead for Progress in the 21st Century Act (motor vehicle safety) (180 days) National Transit Systems Security Act (180 days) Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (90 days) 20 Whistleblower Headlines A dentist in Maine is facing $72,000 to two employees who raised concerns about the safety of the office. [A company] has been ordered to pay $1.07 million for allegedly firing four truck drivers who provided information to the Federal Motor Carrier Safety Administration during a safety audit [A company] violated the whistleblower protection provisions of the Federal Railroad Safety Act and consequently has ordered the company to pay two whistleblowers $932, in damages Paving Co. Fined Nearly $1M Over Whistleblower Firings 21 7

8 Safety Incentive Programs Certain types of incentive programs may be violations of 11(c) Tying workplace incentive programs to injury and illness metrics is prohibited OSHA 2012 memo: owermemo.html 22 Summary of Section 2 - Coverage, Responsibilities and Rights True or False? The OSH Act covers the self-employed. Name one of an employer s three major responsibilities under OSHA. What is Section 11(c)? 23 Standards Section

Origin of OSHA Standards Many OSHA standards were originally developed from three sources: Consensus standards Proprietary standards Federal laws already in effect How OSHA Develops Standards OSHA

may schedule a public hearing Final outcome is a standard or amendment, or a determination that none is necessary 26 Code of Federal Regulations (CFR) Some examples of the different titles and what

9 Origin of OSHA Standards Many OSHA standards were originally developed from three sources: Consensus standards Proprietary standards Federal laws already in effect How OSHA Develops Standards OSHA initiates or in response to petitions from other parties Intention to propose, amend, or revoke a standard published in the Federal Register Interested parties may submit written information; OSHA may schedule a public hearing Final outcome is a standard or amendment, or a determination that none is necessary 26 Code of Federal Regulations (CFR) Some examples of the different titles and what they cover: Title 3 The President Title 10 Energy Title 21 Food and Drugs Title 23 Highways Title 26 Internal Revenue Title 29 Labor * Title 34 Education Title 39 Postal Service Department Title 40 Protection of Environment Title 49 Transportation 9

OSHA Standards Overview 29 CFR (Code of Federal Regulations) 1910 General Industry 1926 Construction 1915, 1917 & 1918 Maritime 1928 Ag Standard 1904 - Recordkeeping 28 Reading Standards 29 CFR 1910.

10 OSHA Standards Overview 29 CFR (Code of Federal Regulations) 1910 General Industry 1926 Construction 1915, 1917 & 1918 Maritime 1928 Ag Standard Recordkeeping 28 Reading Standards 29 CFR (b)(13)(ii)(b)(7)(iii) 29 United States Code Title CFR Code of Federal Regulations 1910 Part - Part 1910 covers General Industry 110 Section Number {Section 110 falls under Subpart H; Hazardous Materials} Reading Standards 29 CFR (b)(13)(ii)(b)(7)(iii) Arabic Number Lower Case Alphabetical Following the Section number are Major Topic Paragraphs, they are denoted with parentheses and a lower case alphabetical (b) Major Topic Paragraph; Basic Rules (13) Paragraph Subsection; LP-Gas in buildings. 10

After this the paragraph number sequence begins again as before only this time using italics (After

11 Reading Standards 29 CFR (b)(13)(ii) (b)(7)(iii) Lower Case Roman The next subdivision uses lower case roman numeral After this the paragraph number sequence begins again as before only this time using italics (After 1979 the fourth set of parentheses uses a capital letter instead of a small case italicized) Finding Standards on OSHA s Website 32 Finding Standards on OSHA s Website 33 11

Proprietary and Consensus Standards 34 General Duty Clause

employment free from recognized hazards Applies when there is

must maintain records of workplace injuries and illnesses

exemption for: Businesses with 10 or fewer employees (company

https://www.osha.gov/pls/oshaweb/owadisp.show_document?

12 Proprietary and Consensus Standards 34 General Duty Clause Section 5(a)(1) of the Act Employers must furnish a place of employment free from recognized hazards Applies when there is no specific standard 35 Reporting and Recordkeeping Employers must maintain records of workplace injuries and illnesses Records must be available for the previous five years Partial exemption for: Businesses with 10 or fewer employees (company wide) Low hazard business (determined by NAICS code) able=standards&p_id=12791 NAICS Lookup

13 Reporting and Recordkeeping 37 Reporting and Recordkeeping OSHA Form Reporting and Recordkeeping OSHA Form

Reporting and Recordkeeping OSHA Form 300a 40 Reporting and Recordkeeping Report directly to OSHA: Within 8 hours Fatality Within 24 hours (NEW in 2015) Inpatient hospitalizations Amputations Loss of

14 Reporting and Recordkeeping OSHA Form 300a 40 Reporting and Recordkeeping Report directly to OSHA: Within 8 hours Fatality Within 24 hours (NEW in 2015) Inpatient hospitalizations Amputations Loss of eye Within 30 days Mechanical power press point of operation injuries OSHA (6742) 41 Summary of Section 3 - Standards OSHA standards are broken into parts. Which part contains standards for General Industry? What must employers report to OSHA within eight hours? 42 14

15 OSHA Inspection Process Section 4 43 Inspection Priorities Imminent danger Catastrophes and fatal accidents Employee complaints Formal vs informal Referrals Planned or Targeted inspections Follow-up inspections 44 Inspection Priorities New in 2015 Focus on complexity of inspections vs. number of inspections Significant Cases - 8 EUs Process Safety Management Inspections - 7 EUs Ergonomic Hazard Inspections - 5 EUs Heat Hazard Inspections - 4 EUs Non-PEL Exposure Hazard Inspections - 3 EUs Workplace Violence Hazard Inspections - 3 EUs Fatality / Catastrophe Inspections - 3 EUs Federal Agency Inspections - 2 EUs Combustible Dust Inspections - 2 EUs Personal Sampling Inspections - 2 EUs Non-formal Complaint Investigations - 1 / 9 EU Rapid Response Investigations - 1 / 9EU 45 15

Inspection Process Opening conference Walkaround Closing conference 46 OSHA Citations Inform employers and employees of: Regulations and standards the employer allegedly violated Hazardous working

16 Inspection Process Opening conference Walkaround Closing conference 46 OSHA Citations Inform employers and employees of: Regulations and standards the employer allegedly violated Hazardous working conditions Proposed length of time set for abatement of hazards Any proposed penalties Citations must be posted near the location where the violation occurred 47 Violations and Penalties As of August 1, 2016 Other-than-serious (up to $7,000) $12,675 per violation Serious (up to $7,000) $12,675 per violation Posting Requirements (up to $7,000) $12,675 per violation Willful (up to $70,000) $126,749 per violation Repeated (up to $70,000) $126,749 per violation Failure to abate (Up to $7,000 $12,675 per day beyond the abatement date) 48 16

17 Appeals Process May seek an informal conference or settlement prior to contest Contest must be done within 15 working days In writing to area office 49 Summary of Section 4 - OSHA Inspection Process What are the stages of an OSHA inspection? What are the types of OSHA violations? 50 Implementing a Safety and Health Management System Section

Safety and Health Management System Elements: 1. Management Leadership and Employee Involvement 2. Worksite Analysis 3. Hazard Prevention and Control 4. Safety and Health Training 5.

18 Safety and Health Management System Elements: 1. Management Leadership and Employee Involvement 2. Worksite Analysis 3. Hazard Prevention and Control 4. Safety and Health Training 5. Program Evaluation and Improvement 6. Multi-Employer Coordination 52 Element 1 - Management Leadership and Employee Involvement Management Leadership Motivating force and resources Safety and health is a fundamental value Safety pays Employee Involvement Workers develop and express their own commitment to safety and health, for themselves and fellow workers 53 Management Leadership and Employee Involvement Policy Goals and Objectives Management Leadership Management Example Responsibilities Employee Involvement Authority Resources Accountability Program Evaluation 54 18

Group Exercise Question 1: What are some ways Management can demonstrate commitment to safety and health? Question 2: What are some ways to involve employees in safety and health?

19 Group Exercise Question 1: What are some ways Management can demonstrate commitment to safety and health? Question 2: What are some ways to involve employees in safety and health? 55 Element 2 Worksite Analysis Involves 4 major actions: Comprehensive survey of facility Change analysis Routine job hazard analyses (JHA) Periodic and daily inspections Small business handbook 56 Worksite Hazard Analysis Comprehensive Surveys Safety Inspections Routine Hazard Analysis (JHA) Change Analysis Accident Investigation Hazard Reporting Trend Analysis 57 19

20 Hazard Detection Workshop 58 Hazard Detection Workshop 59 Hazard Detection Workshop 60 20

21 Hazard Detection Workshop 61 Hazard Detection Workshop 62 Hazard Detection Workshop 63 21

22 Hazard Detection Workshop 64 Hazard Detection Workshop 65 Hazard Detection Workshop 66 22

23 Hazard Detection Workshop 67 Hazard Detection Workshop 68 Hazard Detection Workshop 69 23

24 Hazard Detection Workshop 70 Hazard Detection Workshop 71 Hazard Detection Workshop 72 24

25 Hazard Detection Workshop 73 Hazard Detection Workshop 74 Hazard Detection Workshop 75 25

and Control Timely Hazard Control Emergency Equipment Emergency Planning Preventive Maintenance Medical

26 Element 3 Hazard Prevention and Control Systems used to prevent and control hazards include: Engineering controls Safe work practices Administrative controls Personal protective equipment 76 Hazard Prevention and Control Timely Hazard Control Emergency Equipment Emergency Planning Preventive Maintenance Medical Program (Emergency) Medical Program (Health Care Providers) 77 Element 3 Hazard Prevention and Control 78 26

Element 4 Safety and Health Training Types of training include: Orientation training Facility safety rules Hazard recognition training Training required by OSHA standards Lockout tagout Forklifts

27 Element 4 Safety and Health Training Types of training include: Orientation training Facility safety rules Hazard recognition training Training required by OSHA standards Lockout tagout Forklifts Emergency action plan Hazard communication 79 Safety Culture Culture is a combination of an organization s: Attitudes Behaviors Values Ways of doing things Other shared characteristics of a particular group 80 Safety Culture An organization s culture can: Socialize newcomers Determine influence Define influence 81 27

28 Safety Culture A strong safety culture is the result of: Positive attitudes Involvement Policies and procedures that serve as reference tools, rather than obscure rules Mutual goals that are measurable Training on all levels Responsibility and Accountability 82 Summary of Section 5 - Implementing a Safety & Health Management System What are the four elements of a safety and health management system? What are some important factors in making your safety and health program successful? 83 Assistance to Small Businesses Section

Office of Small Business Assistance Serves as liaison within OSHA for small businesses Provides outreach and compliance assistance to small businesses https://www.osha.

to high-hazard worksites Separate from enforcement No penalties or citations Georgia Tech Consultation program website http://www.oshainfo.gatech.

29 Office of Small Business Assistance Serves as liaison within OSHA for small businesses Provides outreach and compliance assistance to small businesses dcsp/smallbusiness/ Administers On-Site Consultation Program 85 On-Site Consultation Program Free, confidential advice to small and medium-sized businesses Priority to high-hazard worksites Separate from enforcement No penalties or citations Georgia Tech Consultation program website 86 SHARP Exceptional achievement for small businesses Recognition of safety and health achievements Exemption from programmed OSHA inspections (up to 2 years initial, and 3 years upon renewal) 87 29

SHARP Requirements: Request a comprehensive consultation visit from your On-site Consultation office that involves a complete hazard identification survey Involve employees in the consultation

(DART) rate and Total Recordable Case (TRC) rate below the national average for your industry Agree to notify your state's On-site Consultation office prior to making any changes in the working

30 SHARP Requirements: Request a comprehensive consultation visit from your On-site Consultation office that involves a complete hazard identification survey Involve employees in the consultation process Correct all hazards identified by the consultant Implement and maintain a best practice injury and illness prevention program Maintain your company's Days Away, Restricted, or Transferred (DART) rate and Total Recordable Case (TRC) rate below the national average for your industry Agree to notify your state's On-site Consultation office prior to making any changes in the working conditions or introducing new hazards into the workplace. 88 Compliance Assistance NIOSH Compliance assistance resources (Publications) Compliance Assistance Specialists (CASs) Recordkeeping Coordinators OSHA website 89 Other Cooperative Programs 90 30

31 OSHA Website Compliance Assistance Quickstart 91 OSHA Website E-tools 92 Training OSHA Office of Training and Education OSHA Training Institute Education Centers

32 OSHA Temp Worker Initiative Temporary Worker Hazards Free training under OSHA Susan Harwood Grant Covers: Temporary worker hazard recognition Recordkeeping criteria Host employer responsibilities Staffing agency responsibilities Register at: 95 Summary of Section 6 - Assistance to Small Businesses What are some benefits of working with the On-Site Consultation program? How would you obtain information on resources available to small businesses? 96 32

33 Review of Objectives Describe the tools OSHA uses to reduce workplace injuries and illnesses Identify basic employer and employee responsibilities and rights under OSHA Recognize how OSHA standards are organized and developed Select the steps of the OSHA inspection process Recognize the four elements of a safety and health management system Obtain information about compliance assistance 97 Closing Any questions? Remember to turn in evaluation forms Student data sheets 98 33

Introduction to OSHA. This presentation is designed to assist in conducting OSHA 10-hour General Industry outreach training for workers.

Introduction to OSHA. This presentation is designed to assist in conducting OSHA 10-hour General Industry outreach training for workers. Introduction to OSHA This presentation is designed to assist in conducting OSHA 10-hour General Industry outreach training for workers. 1 What is OSHA? Occupational Safety and Health Administration Responsible