Professional Documents
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OSH ACT
OCCUPATIONAL SAFETY & HEALTH STANDARDS
Introduction:
• Until 1970, no uniform and comprehensive provisions existed for
safety and health in USA.
• Job related accidents accounted for more than 14,000 worker deaths
• Nearly 2 ½ million workers were disabled.
• Ten times as many person-days were lost from job-related disabilities
as from strikes.
• Estimated new cases of occupational diseases totaled 300,000.
• In 1970 the Congress established the Occupational Safety and Health
Act.
• In 1971 the Secretary of Labor Occupational Safety and Health
department established OSHA to assure so far as possible every
working man and woman in the Nation safe and healthful working
conditions and to preserve our human resources.
Definitions:
OSHA:
It is the abbreviation of OCCUPATIONAL SAFETY & HEALTH
ADMINISTRATION in the USA Secretary of Labor.
• OSHA is responsible for promulgating legally enforceable standards.
• Responsibility of employers to become familiar with standards
applicable to their establishments.
Example:
Title Code of Federal Part Section
Regulation
29 CFR 1910 .110
It presents the specifications to store and handle liquefied petroleum gases in
general industries.
OSHA’S Purpose
• Reduce workplace hazards.
• Implement new or improve existing safety and health programs.
• Provide for research in solving occupational safety and health
problems.
• Establish employer and employee responsibilities for safety and health
conditions.
• Build on employer/employee safety and health initiatives.
• Focus on occupational health to prevent diseases occurring in the work
environment.
• Establish training programs to increase the number and competence of
occupational safety and health personnel.
• Develop mandatory job safety and health standards and enforce them
effectively.
• Develop recordkeeping and reporting requirements.
• Provide for the development, analysis, evaluation and approval of state
occupational safety and health programs.
Section 5. Duties
(a) Each employer
(1) Shall furnish to each of his employees employment and a place
of employment which are free from recognized hazards that are
causing or are likely to cause death or serious physical harm to
his employees.
(b) Each employee shall comply with occupational safety and health
standards and all rules, regulations, and orders issued pursuant to
this Act which are applicable to his own actions and conduct.
OSHA STANDARDS:
• OSHA can begin standards-setting procedures on its own initiative, or
in response to petitions from other parties.
• Developed by industry-wide standard developing organizations
• American National Standards Institute (ANSI)
• National Fire Protection Association (NFPA)
• Discussed and substantially agreed upon through consensus by
industry
•
Horizontal Standards and Vertical Standards:
• Most standards are horizontal meaning “general”
• Horizontal standards apply to any employer in any industry
• Vertical standards are relevant only to a particular industry
• Standards applying to longshoring, construction, or grain handling are
vertical standards
Inspections, Investigations & Recordkeeping - Section 8
• 8(a) OSHA representatives are authorized to:
(1) enter without delay, at reasonable times, &
(2) inspect during regular working hours and at reasonable times
and to question privately employers and employees
• 8(b) Subpoena power
• 8(c) Recordkeeping and posting
• 8(f) Employees right of complaint
Inspections priorities:
3. Employee Complaints.
4. Programmed High-Hazard Inspections:
5. Follow-up Inspections: Determines whether previously cited
violations have been corrected.
Types of Violations:
Citations 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 receive citations and notices of
proposed penalties by 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, whichever is longer.
2. Serious Violation
High probability of death or serious harm
Mandatory $ 7,000
Adjusted downward: Good faith, Gravity of alleged violation,
Violation history, Size of business
3. Willful Violations:
• Employer knowingly commits with plain indifference to the law
Either knows action is a violation, or is aware of hazardous condition
with no effort to eliminate
Up to $ 70,000 for each
Minimum of $ 5,000
• If convicted of WV that has resulted in death, court imposed
fine, up to six months in jail, or both
Criminal conviction, up to $ 250,000 for individual; $ 500,000 for
Corporation.
4. Repeated Violations:
Same or substantially similar, up to $ 70,000 for each violation.
Additional Violations
• Falsifying records Up to $ 10,000, six months in jail, or both
• Violations of posting requirements Civil fine up to $ 7,000
• Assaulting, interfering with, intimidating a CSHO while
performing their duties, up to three years prison, and $ 5,000
fine