OSHA 101 When OSHA Comes to Call!

OSHA 101 When OSHA Comes to Call!

Introduction to OSHA 2-hour Lesson Directorate of Training and Education OSHA Training Institute

OSHA General Duty Clause The creation of OSHA provided workers the right to a safe and healthful workplace. Section 5. (a) of the Act requires each employer to: (1) Furnish the employees a place of employment free of recognized hazards that are causing or are likely to cause, death or serious physical harm to its employees (2) Comply with the OSHA Standards and Regulations established under the Act.

5 (a) (1) Citations General Duty Clause If a work activity is recognized as dangerous and there is no specific standard to cover the activity, it can be cited under the General Duty Clause

OSHA General Duty Clause Section 5. (b) of the Act requires each employee to: Comply with the Standards and regulations established under the Act.* *All proceedings are against the employer except for criminal acts. Responsibility to enforce the regulations falls to the employer.

Access to OSHA OSHA has multiple resources available for free. Most can be accessed on the OSHA / DOL Web Page: www.osha.gov Includes Standards and Regulations, numerous publications & downloads, Letters of Interpretation, Directives, Inspection Data, and lots of other useful stuff. You can also call OSHA at their local offices, or toll free at: 1-800-321-6742

What responsibilities does the Employer have under OSHA? Provide a workplace free from recognized hazards and comply with OSHA standards Provide training required by OSHA standards Keep records of injuries and illnesses Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records Not discriminate against workers who exercise their rights under the Act (Section 11(c)) Post OSHA citations and abatement verification notices Provide and pay for PPE 7

What Rights Do Employees Have Under OSHA? You have the right to: A safe and healthful workplace Know about hazardous chemicals Information about injuries and illnesses in your workplace Complain or request hazard correction from employer Training Hazard exposure and medical records File a complaint with OSHA Participate in an OSHA inspection Be free from retaliation for exercising safety and health rights 8

Your Right to Employee representative can accompany OSHA inspector. Workers can talk to the inspector privately if they so desire. Workers may point out hazards, describe injuries, illnesses or near misses that resulted from those hazards and describe any concern you have about a safety or health issue. Workers can find out about inspection results, abatement measures and may object to dates set for violation to be corrected. 9

OSHA Inspections Employer s Rights Review credentials of Compliance Officer Be advised of reason for inspection Have opening & closing conference Accompany the compliance officer Photograph or video what he photos or records, make notes of who he talks to, measurements taken, etc. Be assured that Trade Secrets are secure

How are OSHA inspections conducted? The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times. OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger) In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term. 11

Priority 1st 2nd 3rd 4th Category of Inspection Imminent Danger: Reasonable certainty an immediate danger exists Fatality/Catastrophe: Reported to OSHA; inspected ASAP Complaints/Referrals: Worker or worker representative can file a complaint about a safety or health hazard Programmed Inspections: Cover industries and employers with high injury and illness rates, specific hazards, or other exposures. 12

VIOLATION TYPE WILLFUL A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. SERIOUS A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. OTHER-THAN-SERIOUS A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. REPEATED A violation that is the same or similar to a previous violation. PENALTY OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation. There is a mandatory penalty for serious violations which may be up to $7,000. OSHA may propose a penalty of up to $7,000 for each other-than-serious violation. OSHA may propose penalties of up to $70,000 for each repeated violation. 13

OSHA Focused Inspections Project must have written Site-specific Safety & Health Program Must have a Competent Person designated to administer Program Inspection of primary hazards: Fall hazards, Electrocution, Struck by, and Caught between. If violations found in 4 primary areas, a complete general inspection occurs

Multi-Employer Worksites Controlling Employer Defined An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or to require others to correct them. Control can be established by contract or, in the absence of explicit contractual provisions, by the exercise of control in practice. The Controlling Employer could be the General Contractor, Construction Manager, Prime Contractor, or the Owner, depending on the project. The Controlling Employer must exercise reasonable care to prevent, detect and correct violations at the site.

Multi-Employer Worksites Four types of employer cited under multiemployer worksite setting: The employer whose employees are exposed to the hazard (always cited) The employer who creates the hazard. The employer who is in charge of safety and health at the worksite. Unless otherwise specifically defined in the contract, the Controlling Employer is held responsible for overall safety and health at the worksite. The employer responsible for correcting the hazard.

Multi-Employer Worksites OSHA will cite all exposing employers. A contractor may use as an affirmative defense: 1 It did not create the hazard; and 2 It had not responsibility or authority to correct the hazard; and 3 It was not able to abate the hazard; and 4 It notified the controlling employer about the specific hazard in writing; and 5 It trained its employees to recognize and avoid the specific hazard. Must have all 5 items for an affirmative defense

Multi-Employer Worksites Update on Multi-Employer Policy: June 2009 The Summit case overturned a multiemployer worksite case against a General Contractor. However, the Eighth Circuit Court of Appeals recently upheld OSHA s Policy, and OSHRC has recently upheld policy in another case. So, OSHA will continue to fine the Controlling Contractor for the sins of their subcontractors

OSHA Violations Employer knew or should have known Employer is obligated to conduct frequent and regular inspections to look for hazards and implement corrective action. Knowledge of first level supervisor (foreman) is inputted to the company. Affirmative Defense - if there is no way the company could have known - usually time related Affirmative Defense for some Citations Unpredictable Employee Misconduct Need documentation of individual employee training and ongoing company disciplinary program

OSHA Citations Must be issued within 6 months of inspection Always arrive by registered mail Respond by registered mail or receipted delivery Employer may contest violation or penalty or both. If contesting, must do so within 15 working days If letter of contest is not received by OSHA within the 15 day period, conviction is automatic, no appeal allowed Employer may ask for informal hearing to attempt to settle case without going to trial. Informal hearing does not extend 15 day time limit

OSHA Citations Must be issued within 6 months of inspection Always arrive by registered mail Respond by registered mail or receipted delivery Employer may contest violation or penalty or both. If contesting, must do so within 15 working days If letter of contest is not received by OSHA within the 15 day period, conviction is automatic, no appeal allowed Employer may ask for informal hearing to attempt to settle case without going to trial. Informal hearing does not extend 15 day time limit

OSHA Citations Citation(s) must be posted at or near violation for 3 days or until abated. Post where employees FCBR37 gather at site or if job is already over, post at main office If contesting, notice of contest and any notice of hearings must be posted Employees authorized representatives must be notified

WRITTEN SAFETY PROGRAM Employer is responsible for developing a Safety and Health Program with at least the following elements: Management Commitment and Leadership Assignment of Responsibility Identification and Control of Hazards Training and Education Recordkeeping and Hazard Analysis First Aid and Medical Assistance Note: On construction sites, programs which meet ANSI A10.33 or A10.38 are considered to meet all requirements.

Subpart C General Requirements The employer should avail itself of the safety and health training programs the Secretary of Labor provides. The employer shall train all employees in the recognition and avoidance of hazards and in the regulations applicable to his work. Some standards have specific and detailed training requirements

Your Right to Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow. Some required training covers topics such as, lockouttagout, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, along with a variety of other subjects. 25

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