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A Manager's Guide to OSHA Fifty-Minute Series Tompkins, Neville C. Course PTR 1560521805 9781560521808 9781417521760 English Industrial safety--United States, Industrial safety--Law and legislation--United States, Industrial hygiene--United States, Industrial hygiene--Law and legislation--United States, Occupational Health--United States. 1993 T55.T56 1993eb 363.11/56/0973 Industrial safety--United States, Industrial safety--Law and legislation--United States, Industrial hygiene--United States, Industrial hygiene--Law and legislation--United States, Occupational Health--United States.

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Page 1 PART I The Occupational Safety and Health Act

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html[05. Until that time no uniform. The Act also spurred the growth of the safety engineering profession.03. has had a profound and positive effect on safety activities in this country: accidents and injuries have declined. and those companies that actively embraced the concept of a safe workplace gained a greater control over workers’ compensation costs. The law is the Occupational Safety and Health Act (OSHA) of 1970.000 worker deaths each year • Nearly 2 1/2 million workers became disabled each year through workplace injuries • New cases of occupational diseases each year were estimated at 300. which established for the first time a national policy for safety and health. a bipartisan Congress passed the Occupational Safety and Health Act of 1970 ‘‘…to assure so far as possible every working man and woman in the nation safe and healthful working conditions…” The impact of that Act. and markedly increased the need for services of industrial hygienists. In developing provisions of the OSH Act in 1970. comprehensive provisions existed on a national basis to protect employees from workplace safety and health hazards.000. Congress was presented with these statistics from that era: • Job-related accidents accounted for more than 14. < previous page page_3 next page > file:///F|/books/1560521805/files/page_03.page_3 < previous page page_3 next page > Page 3 FEDERAL OSHA There is one law in the United States that affects nearly every individual who works for an employer.2011 19:30:43] . occupational health nurses and specially trained physicians. emerging problems in occupational health receive attention. and gave a boost to the growing personal protective equipment industry. With this information in mind. over the intervening years.

2011 19:30:43] . Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses. Establish training programs to increase the number and competence of occupational safety and health personnel.page_4 < previous page page_4 next page > Page 4 OSHA’S ROLE IN SAFETY AND HEALTH With the establishment of the OSH Act.html[05. an Occupational Safety and Health Administration was created within the federal Department of Labor to administer the Act and to: Develop mandatory job safety and health Standards and enforce them. Encourage employers and employees to reduce workplace hazards and implement or improve safety and health programs. List key elements of your company’s health and safety programs • _____________________________________________________ • _____________________________________________________ • _____________________________________________________ • _____________________________________________________ • _____________________________________________________ • _____________________________________________________ • _____________________________________________________ • _____________________________________________________ < previous page page_4 next page > file:///F|/books/1560521805/files/page_04. Provide for research in occupational safety and health. Establish separate but dependent responsibilities and rights for employers and for employees to achieve better safety and health conditions.03. Provide for state-level occupational safety and health programs in those states that wanted to control their own programs.

those working in organized labor and private education.2011 19:30:43] . Standards issued under the following laws were superseded with the advent of OSHA: The Walsh-Healey Act. Coverage is provided either through federal OSHA or through an OSHA-approved state program. ► Farms at which only immediate members of the farm employer’s family are employed.html[05. OSHA’s broad coverage applies to any “person engaged in a business affecting commerce who has employees but does not include any State or political subdivision of a State. the Act applies to hundreds of thousands of employers and millions of their employees in such fields as manufacturing. Federal employees are now covered.page_5 < previous page page_5 next page > Page 5 BROAD COVERAGE OF THE OSH ACT The Act extends to all employers and their employees in the 50 states.03. and the Longshoremen’s and Harbor Workers’ Compensation Act. Federal OSHA provisions do not apply to state and local governments in their role as employers. agriculture. ► Businesses where other federal agencies regulate health and working conditions in a particular industry. the District of Columbia. the Arts and Humanities Act. The narrow list of exemptions under the OSH Act excludes the following from coverage: ► Self-employed persons. < previous page page_5 next page > file:///F|/books/1560521805/files/page_05. construction. State plans may also be limited to public sector employees. law and medicine. longshoring. in which case OSHA standards apply to those areas where the agencies do not provide coverage. charity and disaster relief. Puerto Rico and territories of the United States under federal government jurisdiction.” Therefore. the Construction Safety Act. The Act does provide that any state desiring approval for its private-sector occupational safety and health program must provide a program that covers its state and local government workers which is at least as effective as its program for private employees. The coverage applies to religious organizations to the extent that they employ workers for secular purposes. ► Safety and health activities in mining and railroad operations are covered by separate government agencies. the Service Contract Act.

At this writing the following states have their own state-level safety and health programs: Alaska. Indiana. private-sector employees remain under federal jurisdiction. Utah. Virginia. South Carolina. under federal OSHA guidance. however. Once a state plan is approved by federal OSHA. A key provision. Connecticut (for public employees only). statelevel job safety and health programs. Where states have developed plans limited to coverage for state and local government employees (Connecticut and New York at this time). Iowa. Arizona. Kentucky.2011 19:30:43] . Wyoming. California. Minnesota. Maryland. As a practical matter many states adopt standards identical to the federal regulations.page_6 < previous page page_6 next page > Page 6 STATE PROGRAMS The federal OSH Act encourages states to develop and operate. The state plans must. to the degree allowed by state law.html[05. Hawaii. is that the states must adopt standards and enforce requirements that are at least as effective as the federal requirements . Oregon. provide coverage for state and local employees. Michigan. Nevada. New Mexico. the federal government provides funds for up to 50 percent of the state plan’s operating costs. Vermont. New York (for public employees only). Puerto Rico. < previous page page_6 next page > file:///F|/books/1560521805/files/page_06. North Carolina.03. Tennessee. Washington. Virgin Islands.

and provide a work environment “free from recognized hazards that are causing or likely to cause death or serious physical harm” to employees. The General Duty Clause requires that employers comply with OSHA’s standards. Under the Act. Thus. Without an ergonomic standard. regulations. < previous page page_7 next page > file:///F|/books/1560521805/files/page_07. 5.2011 19:30:44] .03.” which were issued to all companies in that business. the General Duty Clause comes into play. the agency has used its powers under the General Duty Clause to develop “Ergonomic Guidelines for the Meat Packing Industry. (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. OSHA has the authority to specify and issue guidelines or propose new standards. OSHA’s compliance officers enforced those guidelines as if they were a Standard. Because it would be virtually impossible to identify and write a set of standards for every job or industry.html[05. GENERAL DUTY CLAUSE Sec. where no specific standards have been developed under the Act. and orders issued pursuant to this Act which are applicable to his own actions and conduct. which may require employers to adopt or use practices or processes considered reasonably necessary to protect workers on the job.page_7 < previous page page_7 next page > Page 7 OSHA STANDARDS AND REGULATIONS OSHA has a responsibility to develop and enforce safety and occupational health standards. as potential or actual health or safety problems become known and identified. A prime example of the use of OSHA’s broad powers is the red meat packing industry. (2) shall comply with occupational safety and health standards promulgated under this Act. In many cases these are minimum level standards for safe operation. (b) Each employee shall comply with occupational safety and health standards and all rules. it is an employer’s responsibility to become familiar with standards applicable to their business and to ensure that employees have and use personal protective equipment required for safe operation.

Washington. copies of the state standards may be obtained from the individual state agency. Credit cards are accepted. 1. 1.What OSHA Standards and regulations do you find confusing or difficult to comply with? Why? 3.C. see the Appendix.html[05. ____________________________________________ 2. ____________________________________________ 2. D.List two OSHA standards or regulations that you believe apply to your business. To obtain copies telephone (202) 219–4667 and state the volume number and get the current price for the publication. Government Printing Office. Since states adopt and enforce their own standards under state law. 20402.page_8 < previous page page_8 next page > Page 8 OSHA has codified its standards as follows: • General Industry and Agriculture Standards and Interpretations • Maritime Standards • Construction Standards • Other Regulations and Procedures • Field Operations Manual • OSHA Technical Manual Copies of these standards are available from the Superintendent of Documents.03.2011 19:30:44] .Do you believe that your work site is currently ready for an unannounced OSHA inspection? _______ < previous page page_8 next page > file:///F|/books/1560521805/files/page_08. For additional information on OSHA offices and resources.

any nationally recognized standards-developing organization such as American National Standards Institute. A number of “ad hoc’’ committees have been used to overview specific industry standards. employer or labor organizations.2011 19:30:44] . NIOSH—the research arm of OSHA—conducts research on safety and health problems. standing committees helping OSHA. and require that management report employee exposure to potentially hazardous materials. Once OSHA has developed plans to propose.page_9 < previous page page_9 next page > Page 9 STANDARDS DEVELOPMENT OSHA does not develop new standards or revise existing standards in a vacuum. amend or revoke a standard. which OSHA announces in advance in the Federal Register.html[05.S. < previous page page_9 next page > file:///F|/books/1560521805/files/page_09. Temporary standards may stay in effect for up to six months while the regular OSHA rulemaking procedure continues. Several advisory committees assist OSHA in standards development. The validity of a temporary emergency standard may be challenged in the appropriate U. The agency can begin standard-setting procedures on its own initiative or in response to requests from the National Institute of Occupational Safety and Health (NIOSH). Court of Appeals. at least 30 days hence. it publishes its intentions in the Federal Register or when it is seeking information that can be used in drafting a proposal as a “Notice of Proposed Rulemaking” or “Advanced Notice of Proposed Rulemaking. NIOSH may also make workplace investigations.03. which advises on matters regarding administration of the Act.” These notices include terms of the new rule and provide a specific time for the public to respond. requests from state and local governments. The National Advisory Committee on Occupational Safety and Health. and the Advisory Committee on Construction Safety and Health are two key. NIOSH may require employers to provide medical examinations and tests to determine the incidence of occupational illness among employees. provides technical assistance to OSHA and recommends standards for OSHA adoption. or any other interested person. and National Fire Protection Association. OSHA also has the authority to publish an Emergency Temporary Standard where it determines that workers are in grave danger from exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards for which an emergency standard is needed to protect them. Interested parties who submit arguments and evidence may also request a public hearing. gather testimony from employers and employees.

or for one year. whichever is shorter.03. An employer may also apply for an Experimental Variance to demonstrate or validate new job safety and health techniques and if that experiment has been approved by OSHA or the head of NIOSH.2011 19:30:44] . OSHA says. A temporary variance may be granted for the period of time needed to achieve compliance. equipment or professional or technical personnel. It is renewable twice.html[05. practices or operations are as safe as compliance with the standard. each time for six months. a variance may be granted to permit the experiment. Employers who feel they have as effective protection as the Standard should seek a permanent variance. which is an alternative to a particular standard or requirement. if it finds the request valid. < previous page page_10 next page > file:///F|/books/1560521805/files/page_10. A Permanent Variance. can be granted to employers who are able to show that their conditions. or can prove their facilities or methods of operation provide employees with protection “at least as effective” as that required by OSHA.page_10 < previous page page_10 next page > Page 10 VARIANCES Employers may ask OSHA for a Temporary Variance from a Standard or regulation if they cannot fully comply by the effective date due to shortages of materials. approves a permanent variance detailing the employer’s specific exceptions and responsibilities under the ruling. OSHA arranges a variance inspection and hearing and.

94 Provisions for safe ventilation of materials including abrasives. clean-up operations and hazardous waste storage.2011 19:30:44] . Process Safety Management of Highly Hazardous Chemicals 1910.page_11 < previous page page_11 next page > Page 11 KEY OSHA STANDARDS Here are some of the best-known OSHA Standards applicable to General Industry: (Citing of references is to Section 1910 CFR (the Code of Federal Regulations) and the specific sub-section dealing with the topic): Means of Egress (Exiting from a Facility) 1910. and so forth.120 Deals with employers and employees who are engaged in hazardous substance response operations.132 through .35 Provides for continuous and unobstructed means of exit from any point in a building or structure. Occupational Noise Exposure 1910. Ventilation 1910. < previous page page_11 next page > file:///F|/books/1560521805/files/page_11. base line and annual audiograms.119 Requirements for preventing or minimizing the consequences of the release of highly hazardous chemicals. Hazardous Materials 1910.95 Provides for effective engineering or administrative controls to reduce noise levels in the workplace when they equal or exceed 85 decibels on an 8-hour time-weighted average.html[05. Hazardous Waste Operations and Emergency Response 1910. Personal Protective Equipment 1910. alarm systems.03.140 Deals with eye and face protection. Emergency Plans and Fire Prevention Plans 1910. observation of the monitoring. Requires monitoring.101 and continuing A lengthy series of standards dealing with the handling of certain hazardous materials and related piping systems and outside container storage. grinding wheels. respirators and head and foot protection and so forth. evacuation procedures.38 An “umbrella” standard that applies to most emergency action plans required by a particular OSHA standard. Outlines elements required. and notification to employees of results.

maintenance and related requirements. mills and calendars.155 through . Fire Protection 1910.261 through . including fire precautions. Electrical 1910.147 Strict regulations for affixing lock-out or tag-out devices to energy isolating devices to prevent unexpected start-up of the equipment. Hand and Portable Powered Tools 1910. pulpwood logging and telecommunications. laundry machinery. Cutting and Brazing 1910. Requires inspections and employee training.153c Provides for special facilities for quick drenching and flushing of eyes and body if exposed to injurious corrosive materials. bakery equipment. sawmills.151 Basic provisions for work-site first aid and medical coverage.html[05.275 Precautions important to specific industries including textiles.2011 19:30:45] . Welding.309 Detailed design safety standards for electrical systems.221 Includes general requirements for all machinery.251 through . Special Industries 1910. < previous page page_12 next page > file:///F|/books/1560521805/files/page_12.03. Air Contaminants 1910.241 through .254 Outlines the precautions required while welding.1000 Outlines employee exposure limits to workplace air contaminants and the formulae OSHA’s industrial hygienists will use to measure these contaminants. Medical and First Aid 1910. a section on mechanical power presses.211 through . forging machines and mechanical power transmission apparatus. work practices with electricity.247 Defines hand tools covered by the standard and basic guarding mechanisms that have proved effective in protecting employees using this equipment. including abrasive wheels. Emergency Flushing 1910.301 through . Machinery and Machine Guarding 1910.164 Deals with employer-established fire brigades and fire extinguishing systems.page_12 < previous page page_12 next page > Page 12 Control of Hazardous Energy (‘‘Lock-out Tag-out”) 1910.

warning signs and protective clothing for employees working with asbestos and kindred products. etc. excluding motor fuels. respirator protection. The enforcement staff now consists of more than 900 compliance officers and industrial hygienists operating out of 90 federal OSHA area offices across the United States. Formaldehyde 1910.1028 Occupational exposures to benzene.1200 The best known of OSHA’s recent standards (also called the “employee right-to-know” law). Excludes construction workers who are covered in 1910.1310 Covers the obligations of employers in health-care facilities. < previous page page_13 next page > file:///F|/books/1560521805/files/page_13. and a written local hazard communication program. handling. 1910. subsequent to its discharge from bulk wholesale storage facilities. Vinyl Chloride 1910. reaction. gasoline or other fuels. Blood-Borne Pathogens 1910. Benzene 1910. Some 90 million workers are covered under the federal Act and some 3.1001 Outlines the permissible exposure limits. Hazard Communication 1910.03. Lead 1910. repackaging.html[05.12b of the OSHA Construction Standard.page_13 < previous page page_13 next page > Page 13 Asbestos. storage.2011 19:30:45] . this standard requires evaluation of chemical hazards in the workplace and the communication of those hazards to employees through labels. in medical and dental offices and those assigned to render first aid in industry and in construction to protect employees who are involved in treatment and the proper prevention measures to protect these employees from infection.1025 Permissible exposure limits for lead. packaging.1048 Deals with occupational exposures to formaldehyde and materials that release formaldehyde. The federal agency’s budget approaches $300 million annually. provisions for medical examinations and abatement procedures. material safety data sheets (MSDS).1017 Covers manufacture. use and transportation of vinyl chloride or polyvinyl chloride and employee exposure to these chemicals.6 million workplaces are subject to the Act’s provisions. training. That is the picture of OSHA today.

labels or signs where needed to warn employees of potential hazards. □ Use color codes.2011 19:30:45] . the listing of Responsibilities has had great influence on how the Act has been enforced. EMPLOYERS RESPONSIBILITIES Since the Act was established more than 20 years ago. a set of employer and employee responsibilities evolved under the Act. and comply with Standards. □ Ensure employees have and use safe tools and equipment. or state equivalent). rules and regulations issued under the Act. □ Be familiar with mandatory OSHA standards that affect their industry and make copies available to employees upon request. posters. personal protective equipment. □ Inspect workplace conditions so that they conform to applicable standards.page_14 < previous page page_14 next page > Page 14 EMPLOYER AND EMPLOYEE RESPONSIBILITIES AND RIGHTS As the OSH Act was fashioned and as the Occupational Safety and Health Administration developed its administrative procedures. and that such equipment is properly maintained.03. < previous page page_14 next page > file:///F|/books/1560521805/files/page_14.html[05. □ Inform all employees about OSHA (through the yellow notice-board. what workers can expect in the way of protection under the Act and how they are expected to work safely on the job. □ Minimize or reduce hazards. □ Establish or update safety and health operating procedures so that employees follow these requirements. workplace poster #2203. how OSHA Standards are perceived by management. Place a check in each box if or when you have met each criterion. □ Meet the employer’s General Duty responsibilities under the Act to provide a safe and healthful workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

former employees and their representatives access to the OSHA 200 Log at a reasonable time and in a reasonable manner.03.page_15 < previous page page_15 next page > Page 15 □ Provide medical examinations for employees when required by OSHA standards □ Provide training required by specific OSHA standards such as the Hazard Communication Standard. □ Allow employees their protection and rights under the Act and not discriminate against an employee who properly exercises rights under the Act □ Post any OSHA citations near the worksite involved.2011 19:30:45] . < previous page page_15 next page > file:///F|/books/1560521805/files/page_15. the Hearing Conservation Standard. □ Provide access to employee medical records and exposure records to employees and their authorized representatives. □ Provide employees. □ Keep OSHA-required records of work-related injuries and illnesses and post a copy of the totals during the entire month of February each year. or any extended period agreed to by OSHA. □ Abate cited violations within the prescribed period. the Lead Standard and so forth. (This provision applies to employers with 11 or more employees in “covered” industries and businesses). or for three working days. whichever is longer. Any citations must remain posted until the violation has been abated. □ Report to the nearest OSHA office within 8 hours any fatal accident or an accident that results in the hospitalization of three or more employees.html[05.

____________________________________________ 2. • Applying to OSHA for a temporary variance from a Standard if unable to comply because of the unavailability of materials. ____________________________________________ < previous page page_16 next page > file:///F|/books/1560521805/files/page_16. • Accompanying the compliance officer on the inspection tour.2011 19:30:46] . equipment or personnel needed to make necessary changes within the required time. • Having an opening and closing conference with the compliance officer. which include: • Seeking advice and consultation from the nearest OSHA office.page_16 < previous page page_16 next page > Page 16 EMPLOYER RIGHTS UNDER OSHA Employers do indeed have rights under the OSH Act. __________________________________________ 2. List three responsibilities of an employer under OSHA.html[05.) • Receiving proper identification of the OSHA compliance officer prior to an inspection of the premises and being given the reason for the inspection. 1. List three rights of an employer under OSHA. • Being assured of the confidentiality of any trade secrets observed by the OSHA compliance officer during an inspection. (OSHA will not inspect merely because an employer requests assistance. 1. • Filing a Notice of Contest with the OSHA area director within 15 working days of receipt of citations. • Applying to OSHA for a permanent variance from a standard if the employer can furnish proof that its facilities or method of operation provides employees protection at least as effective as that required by the standard.03. ____________________________________________ 3. ____________________________________________ 3. 1. ____________________________________________ 2.

and forward-thinking employers include these responsibilities in their safety-orientation and safety-training programs. employees do have responsibilities under the OSH Act. each employee is directed under the General Duty clause (Section 5a of the Act) to ‘‘comply with all occupational safety and health standards and all rules. The OSH Act wisely assigns certain responsibilities to employees: • Comply with applicable OSHA standards • Follow all employer safety and health rules and regulations.html[05. Employees who break OSHA regulations or plant safety rules may be subject to disciplinary action by the employer. and seek treatment promptly • Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions in the workplace • Exercise employee rights under the Act in a responsible manner • Read the OSHA poster at the job site. < previous page page_17 next page > file:///F|/books/1560521805/files/page_17. Although OSHA does not cite employees for violations of these responsibilities.page_17 < previous page page_17 next page > Page 17 EMPLOYEE RESPONSIBILITIES Yes. and wear or use prescribed protective equipment while engaged in work • Report hazardous conditions to the supervisor • Report any job-related injury or illness to the employer.2011 19:30:46] .03. regulations and orders issued under the Act” that are applicable.

page_18 < previous page page_18 next page > Page 18 EMPLOYEE RIGHTS UNDER OSHA The OSH Act was developed. taking away benefits. Management representatives need to be fully aware of these rights and responsibilities as they shape their safety and health programs and train supervisors in responsibilities for OSHA compliance.html[05. too. of course. transferring the worker to an undesirable job or shift. the employer is not allowed to discriminate against the worker in any way. regulations and requirements that the employer should have available at the workplace • Request information from the employer on safety and health hazards in the work area.2011 19:30:46] . rules. A union representative may also file the 11(c) complaint on behalf of a worker. An employee also has the right to: • Review copies of appropriate OSHA standards. Workers who believe they have been punished for exercising workplace safety and health rights may contact the nearest OSHA office within 30 days of the time they learn of the alleged discrimination. OSHA or any other government agency about job safety and health standards — filing safety or health grievances — participating in a workplace safety or health committee or in union activities concerning job safety and health.03. But the designers included certain employee responsibilities. OSHA asks the employer to restore that worker’s job earnings and benefits. If necessary. so the designers of the Act provided for significant employee protection and rights under the Act. demotion. OSHA takes the employer to court. and on procedures to be followed if an employee is involved in an accident or is exposed to toxic substances < previous page page_18 next page > file:///F|/books/1560521805/files/page_18. • Employees have the right to seek safety and health on the job without fear of reprisal or punishment (Section 11 of the Act). such as through firing. on precautions that may be taken. union. and if it can prove discrimination. OSHA investigates these cases and if an employee has been illegally punished for exercising safety and health rights. If an employee is exercising these or other OSHA rights. The law says employers shall not punish or discriminate against workers for exercising rights such as: — complaining to an employer. threatening or harassing the worker. to protect the health and safety of workers.

page_19 < previous page page_19 next page > Page 19 • Receive adequate information and training on workplace safety and health hazards • Request OSHA to investigate if the employee believes hazardous conditions or violations of standards exist in the workplace • Have the employee’s name withheld from the employer. if requested. and appeal the final decision. of any decision not to inspect or issue a citation • Have the employee’s authorized representative accompany the OSHA compliance officer during an inspection tour • Observe any monitoring or measuring of hazardous materials and have the right to see these records. if requested.03. testify at a variance hearing. and the employee’s medical records. < previous page page_19 next page > file:///F|/books/1560521805/files/page_19. if the employee so requests to OSHA.2011 19:30:46] . and if the employee files a written and signed complaint • Be kept advised of OSHA actions concerning the complaint and have an informal review. • Submit a written request to the National Institute for Occupational Safety and Health (NIOSH) for information on whether any substance in the workplace has potentially toxic effects in the concentrations being used and have the employee’s name withheld from the employer. as specified in the Act • Review the OSHA 200 Log at a reasonable time and in a reasonable manner • Request a closing discussion with the compliance officer following an inspection • Object to the abatement period set in the citation issued to the employer by writing to the OSHA area director within 15 workdays of the issuance of the citation • Be notified by the employer if he or she applies for a variance from an OSHA standard.html[05.

What do you think is the most important employee responsibility under OSHA? Why is it the most important responsibility? What have you done to communicate employee responsibilities to your staff? ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ < previous page page_20 next page > file:///F|/books/1560521805/files/page_20.03. 1.2011 19:30:46] . ____________________________________________ 2.List two rights guaranteed to employees by OSHA. 1.page_20 < previous page page_20 next page > Page 20 The Job Safety and Health Protection poster included in the Appendix of this book outlines basic employee rights under the OSH Act.html[05. ____________________________________________ 2.

With this mandate came the OSHA 200 Log and Summary. But where recordkeeping applies to most employers of 11 or more persons. The purpose of keeping records is to help define high-hazard industries and to inform employees of the status of their employer’s records. (A copy of the OSHA 200 log is shown in the Appendix on p. Employers with ten or fewer employees are exempted from keeping such records unless they are selected by the Bureau of Labor Statistics to participate in an annual survey of Occupational Injuries and Illnesses.03. a record that must be completed in every workplace in America of 11 or more employees. SIC 80 health services). with the exceptions as noted below. Up to that time statistics on job injuries and illnesses were collected by some states and by some private organizations. or no later than six workdays after receiving the information.html[05. finance.2011 19:30:47] .) Employers must maintain records of occupational injuries and illnesses as they occur. SIC 75 and 76 repair services. and report to OSHA within eight hours any accident that results in one or more fatalities or the hospitalization of three or more employees. no centralized or systematic method existed for monitoring occupational injury and health problems. nationwide procedures to collect injury and occupational illness data—vital requirements if the agency was to fulfill its mandate of determining the extent of safety and health problems and trying to solve those problems. Before the OSH Act became effective in 1970. display the OSHA poster. With OSHA came the first basis for consistent. < previous page page_21 next page > file:///F|/books/1560521805/files/page_21. SIC 79 amusement and recreation services. SIC 70 hotels and other lodging places. OSHA recordkeeping is not required for employers in retail trade. 82 and 83. Although these employers are covered by the OSH Act. insurance.page_21 < previous page page_21 next page > Page 21 OSHA RECORDKEEPING AND REPORTING One of the most visible pieces of OSHA requirements for employers is injury and illness recordkeeping. remember that all employers must comply with OSHA standards. SIC 53 and 54 general merchandise and food stores. real estate and service industries—Standard Industrial Classification (SIC) 52–89 (except that the following SIC codes are required: SIC 52 building materials and garden supplies.

Occupational injuries must be recorded if they result in: Death (must be recorded regardless of the length of time between the injury and death) One or more lost workdays Restriction of work or motion Loss of consciousness Transfer to another job Medical treatment other than first aid. or amputation that results from a work-related accident or exposure involving a single incident in the work environment. Included under occupational illnesses are acute or chronic illnesses or diseases that may be caused by inhalation. absorption. • An occupational illness is an abnormal condition or disorder.page_22 < previous page page_22 next page > Page 22 WHAT IS AN OCCUPATIONAL INJURY OR ILLNESS? To complete the OSHA forms correctly. < previous page page_22 next page > file:///F|/books/1560521805/files/page_22.html[05. fracture. other than one resulting from an occupational injury. ingestion or direct contact with toxic substances or harmful agents.2011 19:30:47] . managers need to understand key definitions in the recordkeeping regulations: • An occupational injury is an injury such as a cut. OSHA requires that all occupational illnesses must be recorded regardless of severity. sprain. caused by exposure to environmental factors associated with employment.03.

html[05.If yes. ______________________________________________ ________________________________________________ 3. ______________________________________________ ________________________________________________ 2.List two recent “OSHA Recordable Injuries’’ that have occurred at your business. Remember that these classifications of injuries and job illnesses may not include every posting on the facility’s first aid log. 1. what steps have been taken by management to correct the hazard and ensure workers’ safety? ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ < previous page page_23 next page > file:///F|/books/1560521805/files/page_23. a review of the first aid log should be made to see what injuries and work illnesses qualify as “OSHA-recordable injuries.page_23 < previous page page_23 next page > Page 23 These are often referred to as “OSHA-recordable injuries. With these definitions in mind.2011 19:30:47] . ______________________________________________ ________________________________________________ 2.” These definitions may be different from workers’ compensation definitions. ______________________________________________ ________________________________________________ 2.03.Can you list two potential hazards at your work site that might cause an injury or job illness? 1.” 1.

This form contains much more detail about each injury or illness. ► OSHA 101 Supplementary Record of Occupational Injuries and Illnesses.03. Recordkeeping forms are maintained on a calendar year basis and kept for five years at the establishment and available for OSHA inspection if requested.2011 19:30:47] . A copy of the totals and information following the fold line of the last page of the OSHA 200 form must be posted for the full month of February each year at each establishment wherever notices to employees are customarily posted.page_24 < previous page page_24 next page > Page 24 Employers are required to keep illness or injury records for each establishment. < previous page page_24 next page > file:///F|/books/1560521805/files/page_24. zero is entered on the totals line and the form posted. Each recordable occupational injury and illness must be logged on this form within six working days from the time the employer learns of it. An insurance company or workers’ compensation carrier’s forms of First Report of Injury or Illness are more often used and are an acceptable substitute to the 101 form.html[05. defined by OSHA as “a single physical location where business is conducted or where services are performed.” An employer whose employees work at dispersed locations must keep records at the place where the employees report for work. If no injuries or illnesses occurred during the year. Two forms needed for employer recordkeeping are included in the Appendix: ► OSHA 200 Log and Summary of Occupational Injuries and Illnesses.

Some OSHA standards require employers to keep a list of employees who participated in the training.page_25 < previous page page_25 next page > Page 25 COMMUNICATION AND TRAINING RESPONSIBILITIES OSHA believes that training is an essential part of every employer’s safety and health program and many OSHA standards specifically require employers to train employees in the safety and health aspects of their jobs. Other OSHA standards make it the employer’s responsibility to limit certain job assignments to certain employees who are “certified. In its voluntary safety program guidelines. in or out of the workplace. Such records show the employer’s good faith in complying with OSHA standards and can be an effective defense when challenging an OSHA citation or contesting a workers’ compensation claim.’’ or “qualified”—meaning that they must have had special previous training.” “competent. ► < previous page page_25 next page > file:///F|/books/1560521805/files/page_25.html[05.2011 19:30:48] . The elements of an effective safety program—what OSHA recommends and what a forward-thinking management group demands—are very close. better morale and lower workers’ compensation costs. An effective program of safety and health training can result in fewer injuries and occupational illnesses. OSHA recommends these elements for a basic safety and health program: Management commitment and employee involvement ► Work-site analysis and identification of hazards ► Hazard prevention and control ► Safety and health training of employees.03.

html[05.03.page_26 < previous page page_26 next page > Page 26 REVIEW 1. How would you improve your company’s job safety program? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ < previous page page_26 next page > file:///F|/books/1560521805/files/page_26.2011 19:30:48] . How often does safety training occur at your company? ___ during initial training only ___ every six months ___ every year ___ other _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ 2.

2011 19:30:48] .page_27 < previous page Page 27 PART II OSHA Inspections: What to Expect page_27 next page > < previous page page_27 next page > file:///F|/books/1560521805/files/page_27.03.html[05.

page_28 < previous page Page 28 This page intentionally left blank. page_28 next page > < previous page page_28 next page > file:///F|/books/1560521805/files/page_28.html[05.03.2011 19:30:48] .

2011 19:30:48] . under which OSHA may give advance notice to the employer where notice may be less than 24 hours. agent or employee. owner. apparatus. workplace or environment where work is performed by an employee of an employer and to “Inspect and investigate during regular working hours. or that require special preparation. plant. and to question privately any such employer. OSHA does not normally give advance notice and merely arrives on-site and knocks on the door.03. OSHA conducts workplace inspections and. Some facilities have never had an OSHA inspection in the more than 25 years the Act has been in effect.html[05. who are authorized to: “Enter without delay and at reasonable times any factory. and at other reasonable times.page_29 < previous page page_29 next page > Page 29 WHY ME? OSHA’S ENFORCEMENT PRIORITIES With a limited staff and six million workplaces to inspect. Without any advance notice every “establishment” covered by the Act is subject to inspection by OSHA compliance safety and health officers (CSHO). and within reasonable limits and in a reasonable manner. establishment. In a typical year OSHA is able to inspect only about 2 percent of the workplaces in America. equipment and materials therein. structures. any such place of employment and all pertinent conditions. To enforce its standards and regulations. construction site or other areas. devices. not every establishment can be inspected regularly. such as industrial hygiene surveys • Cases where notice is required to ensure that the employer and employee representatives or other personnel will be present • Situations where OSHA determines that advance notice would produce a more thorough or effective inspection < previous page page_29 next page > file:///F|/books/1560521805/files/page_29. machines.” There are very limited special circumstances. These special circumstances include: • Imminent danger situations that require correction as soon as possible • Inspections that must take place after regular business hours. unlike most other federal agencies where an initial notice of investigation is given in writing. operator. however.

programmed inspection or to investigate on-site a complaint from a present or former employee.2011 19:30:49] .03.” What OSHA Looks for When OSHA comes on-site to perform an safety and health officer will typically: Check for posting of the OSHA yellow safety the Appendix) Review the OSHA 200 log of injuries for the previous years Inspect for compliance with OSHA Standards affecting Comment on and note obvious hazards as the Inquire about the existence of a basic safety and health < previous page page_30 next page > file:///F|/books/1560521805/files/page_30.” The OSHA representative may be there to perform a regular. OSHA’s image or posture to the employers of America has changed. Professionalism on both sides has replaced confrontation to a large degree.html[05. In the early days. Employers. Or the visit may be occasioned by a special OSHA survey that includes that employer as part of the survey sample. too. OSHA compliance officers are better trained. In more than 20 years of inspection activity. and a greater degree of professionalism marks their activities.page_30 < previous page page_30 next page > Page 30 OSHA’S IMAGE Often the first contact that an employer has with OSHA is when the receptionist calls the facility manager to say “There’s a representative from OSHA in the lobby who wants to see you. In the intervening years time has mellowed positions on both sides. OSHA itself says that “a compliance officer represents the agency and is expected to demonstrate his or her knowledge and expertise in the safety and health field in a courteous and professional manner. have come to realize that many OSHA regulations and standards are a minimum level of safe operation and that prompt compliance makes for a safer and healthier workplace that will help reduce losses such as workers’ compensation costs. OSHA compliance officers frequently faced a belligerent employer who felt that the inspection activity represented an intrusion on business activities.

In the Barlow case the United States Supreme Court held that surprise visits by OSHA inspectors were unconstitutional.page_31 < previous page page_31 next page > Page 31 ADMISSION TO AN EMPLOYER’S PREMISES Most employers will admit OSHA inspectors to their premises to conduct official OSHA business or inspections without the need of a search warrant.03.html[05. OSHA inspectors denied entry have been instructed to leave promptly. If an employer refuses to admit an OSHA compliance officer. or if an employer attempts to interfere with the inspection.2011 19:30:49] . An OSHA compliance officer must obtain a search warrant if an employer refuses to allow entry by an inspector without one.). < previous page page_31 next page > file:///F|/books/1560521805/files/page_31. Barlow’s Inc. Based on a 1978 Supreme Court ruling (Marshall v. OSHA may then go to court and obtain a search warrant based on administrative probable cause or upon evidence of a violation. OSHA may not conduct an inspection without an employer’s consent. the Act permits appropriate legal action by the agency.

as follows: FIRST PRIORITY: IMMINENT DANGER An imminent danger situation is any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately. Although the employer has the right to see a copy of the complaint if an inspection results. If the employer takes no action to eliminate the danger situation. Injuries or illnesses that are difficult to observe are classified as serious if they inhibit a person in performing normal functions.html[05. cause reduction in physical or mental efficiency or shorten life. OSHA may apply to the nearest Federal District Court for legal action to correct the < previous page page_32 next page > file:///F|/books/1560521805/files/page_32. such as a union steward or officer. Serious physical harm is any type of harm that could cause permanent or prolonged damage to the body or a temporary disability involving in-patient hospital treatment.2011 19:30:49] .page_32 < previous page page_32 next page > Page 32 OSHA’S INSPECTION PRIORITIES The worst situations need attention first and OSHA has developed a system of inspection priorities. the name of the employee will be withheld if the employee so requests. may notify the nearest OSHA office and request an inspection. OSHA rightly urges workers to inform the supervisor or employer immediately if they detect or even suspect an imminent danger situation in the workplace. or before the danger can be eliminated through normal enforcement procedures. Should the employer fail to do this. There must be a reasonable expectation that toxic substances such as dangerous fumes. dusts or gases are present and that exposure to them will cause immediate and irreversible harm to such a degree as to shorten life or cause reduction in physical or mental efficiency. Health hazards may constitute immediate danger situations when they present a serious and immediate threat to life or health. the OSHA compliance officer will ask the employer to abate the hazard voluntarily and to remove endangered employees from exposure. Imminent danger situations are given top priority in OSHA investigation and inspection priorities.03. If OSHA authorizes an inspection. an employee or authorized representative.

SECOND PRIORITY: CATASTROPHES AND FATAL ACCIDENTS OSHA’s second priority for inspection is given to investigation of fatalities and catastrophes resulting in hospitalization of three or more employees. This is serious business and an employer needs to handle an investigation thoroughly and correct the situation promptly. OSHA may pursue judicial action that can produce a temporary restraining order (immediate shutdown) of the operation or section of the workplace where the imminent danger exists. < previous page page_33 next page > file:///F|/books/1560521805/files/page_33. Walking off the job may result in disciplinary action by an employer. • The danger facing the employee is so grave that ‘‘a reasonable person” in the same situation would conclude there is real danger of death or serious physical harm.page_33 < previous page page_33 next page > Page 33 situation. he or she will advise all affected employees of the hazard and post an Imminent Danger Notice. • The employee has no reasonable alternative to refusing to work under these conditions (such as asking for reassignment to another area). Walking off the job because of potentially unsafe workplace conditions is not ordinarily an employee right under federal law. an employee does have the right to refuse in good faith to be exposed to an imminent danger and OSHA protects employees from discrimination if: • The employee asked the employer to eliminate the danger. Investigations are made to determine if OSHA standards have been violated and to avoid recurrence of similar accidents.html[05. However. Before the OSHA inspector leaves the premises. a step rarely taken by the agency. under OSHA rules.03.2011 19:30:49] . The employer must report such incidents by telephone to OSHA within eight hours. although some state laws provide a procedure for employees to protest about unsafe working conditions. and the employer failed to do so. • The danger is so imminent that there is not sufficient time to have the danger eliminated through normal enforcement procedures.

and will conduct an informal review of any decision not to inspect. investigating these complaints may be the major work load item. The Act gives any employee the right to request an OSHA inspection when the employee feels he or she is in imminent danger from a hazard or when he or she feels that there is a violation of an OSHA standard that threatens physical harm. then an inspection is not usually made.page_34 < previous page page_34 next page > Page 34 THIRD PRIORITY: EMPLOYEE COMPLAINTS Complaints by employees of alleged violations of standards or of unsafe and unhealthful working conditions get third priority in OSHA inspection activities and in some OSHA area offices. OSHA will investigate such complaints and if the investigation discloses probable violations. At this point it is appropriate to remember the “No Retaliation” rule in OSHA regulations. or write a letter to the company asking for information on whether the hazard exists or is being corrected.2011 19:30:50] . frequently resulting in an OSHA inspection of the facility. if requested. If the company replies promptly and satisfactorily. That is the procedure for formal complaints. the agency will usually telephone. fax. Avoiding Employee Complaints to OSHA Management should understand that under the OSH Act employees do have the right to complain directly to OSHA about safety and occupational health concerns in the facility. will inform the employee of any action it takes regarding the complaint. OSHA will maintain confidentiality. When OSHA receives an informal complaint by telephone or an unsigned letter. < previous page page_34 next page > file:///F|/books/1560521805/files/page_34.03.html[05. But there are a number of steps that employers can take to avoid having employees complain directly to OSHA. including the right to make safety and health complaints or to request an OSHA inspection. The Act prohibits employers from discharging or otherwise discriminating against an employee who has exercised a right under this law. A copy of the company’s letter is sent to the complainant (if the identity of the complainant is known). court action may follow.

publicize the procedure and make sure that it works. Reinforce the availability of your internal procedure during new-hire orientation. These inspections are frequently referred to as “OSHA programmed inspections. get hazards corrected and reduce injuries.03. rather than the industry workday day-injury rate. Employees with safety and health concerns will be more apt to turn to a responsive management to get hazardous conditions corrected. These industries are selected on the basis of factors such as incidence rates of death. On health inspections in general industry. Supervisors need to be aware that their relationships and dealings with employees can encourage an atmosphere of turning to the supervisor first to correct an unsafe situation.page_35 < previous page page_35 next page > Page 35 A proactive safety and health program spearheaded by a forward-thinking employer will involve employees. While OSHA recommends that employees go to the employer first. injury and illness. Special emphasis may be regional or national in scope.” Every tenth programmed inspection is scheduled to be comprehensive regardless of the establishment’s lost workday case rate.html[05.2011 19:30:50] . Management should develop a procedure for handling employee safety and health complaints. businesses are ranked according to each industry’s health hazards. < previous page page_35 next page > file:///F|/books/1560521805/files/page_35. and employee exposure to toxic substances. with the safety committee. supervisors need to clearly understand employee rights under the Act and that employees can call OSHA in without going to the supervisor. rather than going to the safety agency. An industrial hygiene or health inspection may also be conducted. and during crew meetings. selected from a “high-hazard list” developed and provided by the national office. FOURTH PRIORITY: HIGH-HAZARD INDUSTRY INSPECTIONS Employers most often encounter an OSHA compliance officer who is inspecting an establishment as a result of the fourth priority. high-hazard industries. depending on the distribution of the workplaces involved. rather than calling in an outsider.

An employer is required to admit an OSHA inspector onto the premises.html[05. unless OSHA receives an employee complaint or report of an alleged imminent danger situation. If an employer has failed to abate a violation.03. 2. ____ 2.page_36 < previous page page_36 next page > Page 36 FIFTH PRIORITY: FOLLOW-UP INSPECTIONS A follow-up inspection determines whether previously cited violations have been corrected. Also. Who can avoid OSHA inspections? Firms with 10 or fewer employees within an industry classified in a SIC (Standard Industrial Classification) code with a lost workday case rate that is below the national average for the most recent year usually will not be inspected. ____ 3. F. TRUE OR FALSE Answer the following questions and check your answers with those at the bottom of the page. 4. OSHA ranks businesses according to each industry’s health and safety hazards. You can discipline an employee for walking off the job for alleged health or safety reasons. F. ____ 1. T < previous page page_36 next page > file:///F|/books/1560521805/files/page_36. ____4. the compliance officer informs the employer that he or she is subject to ‘‘Notification of Failure to Abate” alleged violations and may propose additional daily monetary penalties while such failure or violation continues. T. For general industry.2011 19:30:50] . inspections are unlikely to be scheduled at firms that underwent a complete inspection during the previous year and were not cited for any violations. 3. ANSWERS: 1. as the agency does not look kindly on employers who ignore its citations. An OSHA inspector is required to give notice of the visit.

page_37 < previous page page_37 next page > Page 37 ARE OSHA INSPECTIONS EFFECTIVE? A 1991 independent study said that plants that were inspected and fined by OSHA experienced a 22 percent drop in injury rates over a three-year period and a 20 percent decline in lost workdays.2011 19:30:50] .03. the report said. < previous page page_37 next page > file:///F|/books/1560521805/files/page_37.html[05.” Inspections without penalties have little effect. The National Bureau of Economic Research said that “a significantly declining rate of injuries at plants which OSHA inspected is almost entirely due to inspections that impose penalties.

is not an OSHA compliance officer. If an employer wants the inspector to obtain a warrant. Say so courteously and the inspector should agree and leave. presenting official credentials and asking to meet with the appropriate employer representative.2011 19:30:50] . Most OSHA inspections begin with the compliance officer announcing his or her presence to the employer. the compliance officer will usually wait up to one hour before telephoning his or her supervisor. OSHA policy calls for courteous.html[05. and the OSHA standards likely to apply. or promotes the sale of a product or service at any time. Making unannounced visits like this forces facility management to be in a position of having to respond immediately to the inspector’s requests.03. Before going on-site the compliance officer reviews files in the OSHA office on the establishment. the employer is within rights to do so. the operations and processes. Federal law prohibits photocopying the credentials. professional behavior from inspectors. They may gather equipment necessary to test for health and safety hazards. If the delay appears justifiable the inspection may be delayed or rescheduled.page_38 < previous page page_38 next page > Page 38 MANAGING AN OSHA INSPECTION OSHA has a well-defined approach and routine to its workplace inspections and that helps management plan for the eventuality of such a visit and tells the business community about its inspection routine and what to expect from a compliance officer. Posing as a compliance officer is a violation of the law. OSHA cautions employers with this advice: “Anyone who tries to collect a penalty at the time of inspection.S. Employers will also be presented with a business card but should always ask to see the compliance officer’s credentials and badge.” < previous page page_38 next page > file:///F|/books/1560521805/files/page_38. An OSHA compliance officer carries U. Department of Labor credentials bearing his or her photograph and a serial number that can be verified by phoning the nearest OSHA office. Employers should report to the area director any compliance officer who is rude or offensive. suspected impostors should be reported to local law enforcement agencies. the nature of the business. If a company official is not available.

The compliance officer should be taken to a nearby office to await the coordinator.03. only by the local management OSHA coordinator. 9. If the OSHA inspector is announced. Additional personnel can be added to this ‘‘OSHA Committee” as needed. Be prepared so that you can present your facility in its best light to the agency inspector. want to meet with the ranking employer representative and rarely can be put off or have the visit postponed.2011 19:30:51] . The compliance officer should never be allowed to enter the facility without a management escort. < previous page page_39 next page > file:///F|/books/1560521805/files/page_39. Be prepared to listen a lot and take notes when an OSHA inspector arrives. a copy of the local “lock-out tag-out” program and access to employee medical records. 7. 2. Instruct the receptionist or the plant gate that if an OSHA inspector should arrive. if requested. the safety specialist or the administrative manager. Be prepared for an OSHA visit—sooner or later one is likely to occur at your facility. perhaps the human resources manager. 5. 4. All should be trained in the basics of the OSHA Act and standards affecting that business. speculation or guesses. Think it through logistically—what route are you going to take if the compliance officer wants to make a facility tour? Try to determine a route that will take OSHA past your best work areas. Be prepared to be flexible—OSHA compliance officers arrive unannounced. 8. OSHA-required recordkeeping in place and have available written copies of the employer’s hazard communication program. That is the first and most important step. 10. Appoint a local “OSHA Coordinator” who can coordinate preparations for an OSHA visit and be the Company’s chief representative or spokesperson in dealing with OSHA. managers and supervisors should be alerted to the person’s arrival and the likelihood that an inspection tour will follow. An employer should have basic. Supervisors should be told that any written documents will be provided. including the list of attendees at training sessions. In response to questions from OSHA. not opinions. provide only facts.html[05. to notify the ranking facility manager and the OSHA Coordinator immediately. Present this information to OSHA if it is requested. 6. This preparation will put you in the best position to handle an OSHA visit effectively.page_39 < previous page page_39 next page > Page 39 MANAGEMENT ACTION STEPS BEFORE INSPECTION 1. Instruct team members to answer truthfully any questions from OSHA. 3.

□OSHA records are up-to-date. The official policy is: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ________________________________________________ □The OSHA Coordinator for your company is: (name) __________________ (title) _____________________ □Other members of the “OSHA Management Committee” are: (name) __________________ (title) _____________________ (name) __________________ (title) _____________________ (name) __________________ (title) _____________________ (name) __________________ (title) _____________________ □All OSHA Committee members are trained and knowledgeable of OSHA standards and regulations for your industry.03. < previous page page_40 next page > file:///F|/books/1560521805/files/page_40.html[05. □All required posters and notices are clearly displayed.page_40 < previous page page_40 next page > Page 40 CHECKLIST: PREPARING FOR AN OSHA VISIT The following checklist is a useful tool to review your company’s preparedness for an OSHA inspection. □A system is in place to notify all managers and supervisors that an OSHA inspection is imminent. □Proposed routes for the inspection tour are known to Committee members and floor managers. □Staff members know to respond truthfully to an OSHA inspector. □The receptionist or front-desk security guard has specific instructions for handling an OSHA Inspector’s visit. and refraining from offering opinions or guesses. providing only factual information.2011 19:30:51] . if requested by an inspector.

if requested by the employee. the compliance officer may talk to a number of employees about safety and health matters in the workplace. If the rate is below the rate most recently published by the OSHA Office of Statistics for national manufacturers and no employee complaint is involved.html[05.03. Or.2011 19:30:51] . if there is a plant safety committee. the union usually designates the employee representative to accompany the officer. if applicable. OSHA recommends that the employee members of that committee normally designate the employee representative. If the employees are represented by a union. where there is no authorized employee representative. including availability of material safety data sheets. An authorized employee representative is also given the opportunity to attend the opening conference and to accompany the compliance officer during the inspection. although some Compliance Officers will defer to the employer’s suggestion of a suitable representative. the lock-out tag-out program. a full-scale safety inspection will not usually be conducted. the scope of the inspection and the OSHA standards that are likely to apply. The OSHA official also usually asks for employee hours worked in each of the past two years. The opening conference typically does not last more than an hour. to conceal the employee’s identity).page_41 < previous page page_41 next page > Page 41 THE OPENING CONFERENCE In the opening conference the compliance safety and health officer (CSHO) tells the employer representative why the establishment was selected. and confined space entry plans. Also frequently coming under scrutiny will be the employer’s hazard communication program. The employer will usually be given copies of applicable safety and health standards as well as a copy of any employee complaint that may be involved (edited. and the facility emergency response plan. In non-union situations. < previous page page_41 next page > file:///F|/books/1560521805/files/page_41. Where neither group exists. explains the purpose of the visit. or the compliance officer will determine if an employee suitably represents the interests of other employees. The employer is not permitted to select the employee representative for the walkaround. The employer is then asked to select an employee representative to accompany the compliance officer during the inspection. number of employees and calculates the firm’s lost workday case rate. In the manufacturing sector the inspector will usually conduct a brief walk around to check compliance with the hazard communication plan. the employee representative may be selected by the employees themselves. During the opening conference the compliance officer will normally ask to see the employer’s OSHA 200 log to review and verify.

if not already offered.page_42 < previous page page_42 next page > Page 42 If the inspector finds significant deficiencies in any of these programs the brief walk-through may be expanded to a comprehensive inspection. The management OSHA coordinator should chair the meeting as the company spokesperson. 5. the inspection tour may be expanded. ask for a copy of the complaint. Ask questions about the scope of the inspection and tour so that you know what you are facing before you leave the opening conference.2011 19:30:51] . 3. MANAGEMENT ACTION STEPS TO TAKE AT THE OPENING CONFERENCE 1. then the inspector is likely to want to proceed directly to inspection of the area of the complaint. 6. 2. The OSHA official may ask for the name of the chief executive officer of the firm. Make sure that the reason for the inspection is clearly stated and understood in the opening conference: employee complaint visit. If serious health and safety violations are found or if the employer has a significant history of violations.html[05. 4. the officer can be of help to you with ideas for your safety and health program. This should be provided but the local facility manager or OSHA coordinator should emphasize that he or she is the person to receive all OSHA communications for the facility. Firms with a lost workday injury rate equal to or above the national average may face a comprehensive inspection if they failed to maintain the required injury and illness records or if the records cannot be verified as accurate. If the inspection is being generated by an employee complaint.03. It is important to make a positive first impression. programmed inspection or follow-up inspection. If the purpose of the visit is to investigate an employee complaint. Management members should present a business card with titles and each management representative should be introduced by name and title. Properly approached. < previous page page_42 next page > file:///F|/books/1560521805/files/page_42. frequently college-educated and many with wide experience in their work. Be prepared to treat compliance safety and health officers as the professionals that they are.

OSHA 200 < previous page page_43 next page > file:///F|/books/1560521805/files/page_43. 3. This can result in gross sampling contamination by unsupervised employees. employer 5.html[05. OPENING CONFERENCE REVIEW Answer the following by filling in the blanks.2011 19:30:52] . 2. It is important to make a ____________ first impression with the OSHA representative. ANSWERS: 1. 4.03. The thinking? The warrant should be as broad or as narrow as the complaint and the resulting inspection. one 2. The Opening Conference typically will last ____________ hour(s). OSHA Coordinator 3.) 1. 5. the OSHA inspector will ask to see the employer’s ____________ log. positive 4. The ____________ cannot usually designate the employee respresentative. During the Opening Conference. If the compliance officer indicates that industrial hygiene sampling will be done. The ____________ should preside over this conference.page_43 < previous page page_43 next page > Page 43 Most courts have held that if the employer insists on a warrant for entry when the inspection is generated by an employee complaint then the scope of the inspection must be limited to the area cited in the complaint. Express serious concern if an inspector plans to put personal monitoring equipment on employees and does not remain in the area to observe. (Check your answers with those at the bottom of the page. try to determine the type and when it will be done so that management can arrange for side-by-side testing by a management-designated hygienist.

a management representative can take side-by-side photographs so that there is no confusion later as to the actual conditions in the plant at a given moment. Such industrial hygiene visits are usually scheduled with several days’ notice.03. time of the photograph and the name of the parson taking the photo. ► Designate a key manager as the “OSHA Coordinator” of an inspection.html[05. Indicate the date.2011 19:30:52] . < previous page page_44 next page > file:///F|/books/1560521805/files/page_44. allowing management time to line up their own hygienist.page_44 < previous page page_44 next page > Page 44 WHAT TO DO BEFORE AN OSHA INSPECTION ► Display the yellow OSHA safety notice board. ► Be prepared to treat the Compliance Safety and OSHA industrial hygienist with dignity as a ► Have an instant photo camera available so if the OSHA official takes photographs. ► Management should also arrange to replicate OSHA’s the visit involves industrial sampling. A video recorder can be particularly helpful if it displays date and in the photo frame. ideally a person involved with about the safety and health program at the facility.

And. OSHA says the route and duration of the inspection should be determined by the compliance officer.” Employees may be consulted during the inspection. as is often the case in simple hazards or unsafe work practices.html[05. During the course of the inspection the compliance officer usually will point out to the employer representative any unsafe or unhealthy conditions observed and. takes notes. Any trade secret material requested by OSHA should be marked “Trade Secret—Confidential. provided there is no disruption to work. the compliance officer will normally check for compliance with the Hazard Communication Standard. Employers must establish a written. OSHA emphasizes that trade secrets observed by the compliance officer will be kept confidential. If chemicals are used in the facility. and an employee-training program. each employee is protected under the Act from discrimination by the employer for exercising his or her safety and health rights. if the employer representative desires. Most often photos are taken in imminent danger situations and in the investigation of serious accidents. The compliance officer may take photographs to record apparent violations or other hazardous conditions observed. of course. The employer may require that the employee representative have a security clearance for any area in question. The compliance officer may stop and question workers in private about safety and health conditions and practices in their workplaces.03. will also discuss possible corrective actions. hazard communication program that includes provisions for a chemical inventory. container labelling. material safety data sheets.page_45 < previous page page_45 next page > Page 45 INSPECTION TOUR After the opening conference the compliance officer and accompanying representatives proceed through the establishment. Posting of the OSHA Poster (shown in the Appendix) is also checked. the inspector normally records the corrections in order to help in judging the employer’s “good faith” efforts in compliance. examine records or take instrument readings. The compliance officer observes conditions.2011 19:30:52] . OSHA inspectors are under instructions that while talking with employees they are to make every effort to minimize any work interruptions. inspecting work areas for compliance with OSHA standards. may speak with employees. When apparent violations are corrected immediately. < previous page page_45 next page > file:///F|/books/1560521805/files/page_45.

6. Even the federal government reaffirms that when an OSHA inspector appears at the door. A nontechnical person such as a human resources manager is perhaps the best escort. try to avoid answering detailed. If a union representative wants to be present. Avoid admitting that a condition is a violation or that it can be abated within a certain time period.” < previous page page_46 next page > file:///F|/books/1560521805/files/page_46. If employees are cooperative.03. If the visit is in response to a complaint the employer is entitled to restrict access to that area or process that is the subject of the complaint. technical questions. 3. In such circumstances the employer should carefully consider limiting the inspector’s access so that other potential violations that might be found in a facility-wide inspection do not become the subject of citation. the employer should inquire about the reason for the visit because the employer has different rights under each purpose. have a supervisor do a follow-up interview immediately to determine what was asked. Any documents that are trade secrets should be marked ‘‘Trade Secrets— Confidential. 2.html[05. Be courteous but also listen a lot. MANAGEMENT ACTION STEPS DURING THE INSPECTION TOUR 1. rather than a supervisor. List what instruments the compliance officer uses. If the visit is a programmed visit. Without appearing to be uncooperative. Do not provide documents without first making sure they are required by the Act or are within the scope of a warrant. 5. The inspector may want to speak to employees. Insist that a management representative be with the compliance officer at all times. Do not let the officer roam! 4. OSHA generally has the right to inspect the entire facility without limitations. Send an informed and knowledgeable person such as the local OSHA Coordinator to be with the inspector at all times. with whom he or she talks and what photos are taken. Also advise employees they are not required to sign anything requested by the inspector. too. management should insist that their representative be present.page_46 < previous page page_46 next page > Page 46 LIMITING OSHA INSPECTIONS OSHA’s right to inspect an employer’s premises must generally be justified by the employer’s selection through a random selection process. plant manager or technical specialist. or in response to a specific employee complaint. 7.2011 19:30:52] .

a time for frank questions and answers.2011 19:30:53] . OSHA considers this meeting as “a time for free discussion of problems and needs.) The employer is also told of appeal rights once citations have been received by the employer. as that is the decision of the OSHA area director. etc. Remember that unlike police agencies. The compliance officer will normally indicate the applicable sections of the OSHA standard that are in apparent violation. work-site auditing and correction efforts.page_47 < previous page page_47 next page > Page 47 THE CLOSING CONFERENCE After the inspection tour a closing conference is normally held between the compliance officer and the employer and employee representative.) to show compliance efforts and to provide information that can help OSHA determine how much time may be needed to abate an alleged violation.” The compliance officer points out the unsafe and unhealthful conditions observed on the inspection and indicates apparent violations for which a citation may be recommended or issued.03. During the closing conference the employer is encouraged to produce records (safety and health training.” This important little booklet is helpful and explains an employer’s rights and responsibilities and steps to take following an OSHA inspection. after receiving a full report on the inspection from the compliance officer. The compliance officer does not indicate any proposed penalties. (See the Appendix for a sample of this form.” even for a firsttime offense. the agency is not permitted to issue “warnings. < previous page page_47 next page > file:///F|/books/1560521805/files/page_47.html[05. At the closing conference the employer is also given a copy of the OSHA booklet “Employer Rights and Responsibilities Following an OSHA Inspection.

F (OSHA does not issue warnings). ask what backup material is being used to support the assumptions. 4. Do not make specific promises about abatement dates (you’ll have adequate time when a citation arrives to see what the OSHA office has suggested for abatement time frames).page_48 < previous page page_48 next page > Page 48 MANAGEMENT ACTION STEPS AT THE CLOSING CONFERENCE 1. ____ 3. The compliance officer will normally schedule a closing conference but do not let the compliance officer leave without such a conference 2. Such admissions could be damaging if you want to appeal a citation.html[05. TRUE OR FALSE (Check your answers with those at the bottom of the page. A Closing Conference should occur. F. Warnings are issued at the Closing Conference. T < previous page page_48 next page > file:///F|/books/1560521805/files/page_48.2011 19:30:53] . 1. ____ 2. even using a tape recorder if it will not stifle discussion 3. 5. ANSWERS. Take detailed notes in the closing conference of what was said.) ____ 1. T.03. Question any violations closely and ask the specific OSHA standard violated. Be careful not to express agreement with the compliance officer’s observations and citations. ____ 4. Citations are issued at the Closing Conference. 3. 2. If the inspector indicates the possibility of citation under the General Duty Clause. 4. You should not make promises about abatement dates at the Closing Conference.

2011 19:30:53] . Determine what was said by the compliance officer and what the management member responded.page_49 < previous page page_49 next page > Page 49 WHAT TO DO AFTER AN OSHA INSPECTION ► Meet and debrief the team members who had contact with the OSHA compliance officer. ► Gather Mormatiun and data in defense of the citations you are likely to contest. < previous page page_49 next page > file:///F|/books/1560521805/files/page_49. ► List any documents or records handed over to the 0SHI.A Compliance officer. ► Be sure you understand the expected citations.03. At this stage do you agree-or disagree-with the citations that will likely be coming your way? List the ‘‘pros” and “cons” of each situation. ► Set up the assignments to co~ect items referred to by the compliance officer. date-stamp the letter then cross-check them with the relevant CEHA standard and detemke what you will contest and what you wiil not-coRect the item and pay the penalty. penalties and abatement dates at the informal conference. For example. safety committee minutes or safety inspection forms that reflect action taken to correct some of the hazards cited can be valuable support. The quicker you are able to co~ect or “abate” hazardous conditions that the compliance officer has commented on. ► When the citations arrive in your mail. the better shape you will be in to challenge citations.html[05.

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page_51 < previous page page_51 next page > Page 51 PART III Citations.2011 19:30:53] .03.html[05. Penalties and the Appeal Process < previous page page_51 next page > file:///F|/books/1560521805/files/page_51.

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and management may well get extended time frames to abate. < previous page page_53 next page > file:///F|/books/1560521805/files/page_53. These citations formally tell the employer in writing of the regulations and standards alleged to have been violated. This shows good faith on their part.page_53 < previous page page_53 next page > Page 53 CITATIONS AND PENALTIES After the compliance officer returns to the OSHA office. the length of time depends on the workload in the particular OSHA area office. posting notices near machines and on a number of notice boards can become an administrative problem. where additional time may be granted. whichever is longer.2011 19:30:54] . the proposed length of time set for their abatement and the proposed penalties. will be proposed. logical reasons for delay such as the availability of equipment or a shortage of key personnel will be listened to by OSHA. The compliance officer may have given an indication of his intended recommendations during the closing conference but it is the responsibility of the area director to decide what to do. if any. an informal or formal settlement agreement or could remain the same even after any of the mentioned conditions. OSHA says that abatement dates will not normally exceed 30 days. except in the case of engineering or administrative controls to correct noise and air contaminant violations. That is. (See Appendix for a sample notice. Penalties are proposed until they become a final order.html[05. and what penalties. Written citations usually arrive some weeks after the inspection. the area director (his or her boss) determines what citations will be issued. if any. they can be changed through a court decision. The employer must post a copy of each citation at or near the place that the violation occurred. for three days or until the violation is abated. For employers with large facilities.) The word “proposed” is used frequently. As a practical matter. An informal conference could result in changes depending on the information provided and the abatement completed by the employer.03. for small employers posting on the facility notice board in the manufacturing or service area should suffice.

two or three months) ► Be in writing ► Describe the particulars of the violation ► Include a reference to the provisions of the Act.page_54 < previous page page_54 next page > Page 54 Statutory Requirements for Issuing a Citation If the OSHA compliance officer discovers an ap inspection.03. OSHA is required to issue a citation to an The citation must: ► Be issued with reasonable prom in the case of some OSHA area offices that are backed up. standard.html[05. rule regulation or order alleged to have been violated ► Be issued within six months after the violation occurred ► Fix a reasonable time for abatement of the violation < previous page page_54 next page > file:///F|/books/1560521805/files/page_54.2011 19:30:54] .

the good-faith efforts of the employer to abate the cited violations and the employer’s history of freedom from previous violations. When it comes to following OSHA regulations. OSHA says it will reduce penalties up to 60 percent for a small company.03. an ounce of prevention is worth a pound of cure. up to 25 percent for good faith and 10 percent for history of freedom from previous violations but area directors have wide discretion in applying and reducing penalties. OSHA regulations require that a penalty must be proposed for serious violations. the size of the business. < previous page page_55 next page > file:///F|/books/1560521805/files/page_55.html[05.page_55 < previous page page_55 next page > Page 55 OSHA’S PENALTY GRID OSHA assesses penalties based on the gravity of the violation.2011 19:30:54] .

a work-site catastrophe or a large number of serious injuries or illnesses Violations resulted in persistently high rates of worker injuries or illnesses The employer has an extensive history of prior violations The employer has intentionally disregarded safety and health responsibilities The large number of violations found significantly undermines the effectiveness of any existing safety and health program. Under this directive.03. The employer’s conduct amounts to clear bad faith in performing his or her duties under the Occupational Safety and Health Act. each piece of equipment affected or each source of air contaminant. OSHA is going after the “bad guy” employers who do not believe in safety and health in the workplace.2011 19:30:55] . however. The agency now issues citations on a violation-by-violation basis when violations are clearly willful and when one or more of the following conditions apply: There are worker fatalities.page_56 < previous page page_56 next page > Page 56 TYPES OF PENALTIES Eggregious Penalties Until 1986 OSHA usually proposed a single penalty for a group of similar violations. Since that time. < previous page page_56 next page > file:///F|/books/1560521805/files/page_56. the agency has cited some employers for each individual incident where violations have been particularly flagrant. OSHA now sets a separate amount for each employee exposed.html[05. It is clear that under its eggregious penalty policy.

000 for each willful violation.2011 19:30:55] . some states have workers’ compensation regulations with punitive provisions that add a penalty to the compensation award if injury is the result of a willful violation. the most serious in OSHA’s standards. Penalties can reach to $70. The statutory minimum penalty is $5.000 and is not subject to administrative discretion.html[05.000 for a corporation may be imposed for a criminal conviction. This is the most flagrant type of violation. the offense is punishable by a court-imposed fine or by imprisonment of up to six months. Employers with willful violations need to give the matter serious attention and get an OSHA-experienced attorney involved. < previous page page_57 next page > file:///F|/books/1560521805/files/page_57. The employer either knows what he or she is doing constitutes a violation or is aware that a hazardous condition existed and made no reasonable effort to eliminate it. To add to the seriousness of willful violations. If an employer is convicted of a willful violation of a standard that has resulted in a death of an employee.03.page_57 < previous page page_57 next page > Page 57 Willful Violation A willful violation is one that the employer intentionally and knowingly commits. A fine of up to $250.000 for an individual or $500. or both. OSHA must prove a willful violation exists using the following criteria: • A violation of the Occupational Safety and Health Act or particular standards • A voluntary or deliberate action as opposed to an inadvertent act or omission • Knowledge of the requirements and regulations of OSHA • A state of mind consisting of either intentional disregard of the requirements of OSHA or plain indifference to these requirements.

OSHA cites the employer for a serious violation. When the adjusted penalty amounts to less than $100 no penalty is assessed. based on the employer’s good faith. history of previous violations. about the hazards. A mandatory penalty of up to $7. Other-Than-Serious Violation A violation of OSHA standards or regulations that has a direct relationship to job safety and health but probably would not cause death or serious physical harm is considered an “other than serious violation. A penalty for an other-than-serious violation may be adjusted downward by as much as 95 percent depending on the employer’s demonstrated efforts to comply with the Act.” A penalty of up to $7.03. Simple posting requirements—lack of the OSHA poster on a notice board—can bring a penalty of up to $1. (Do you have the OSHA poster on a prominent notice board?) Repeat Violation Upon reinspection if the OSHA compliance officer discovers a substantially similar violation to the original citation the employer may receive a repeat violation that can bring up to $7. history of previous violations and size of the business.2011 19:30:55] . (A citation under contest by the employer cannot be used as the basis of the repeat citation.000 for each violation may be proposed.page_58 < previous page page_58 next page > Page 58 Serious Violation Where there is substantial probability that death or serious physical harm could result and the employer knew. To be the basis of a repeat citation.html[05.000 for each violation. the gravity of the alleged violation and the size of the business.000 in fines for each day the violation continues.) < previous page page_58 next page > file:///F|/books/1560521805/files/page_58. A penalty for a serious violation may be adjusted downward.000 is discretionary with the area director. or should have known. the original citation must be final.

• Assaulting a compliance officer or otherwise resisting.2011 19:30:55] . intimidating or interfering with a compliance officer in the performance of his or her duties is a criminal offense. reports or applications can bring a fine of $10.000 or up to six months in jail. De Minimus Violation This type of violation is usually considered a technical violation that has no direct impact on safety and health on the job. these minor violations are not usually included in the citation report.html[05. or both. Citation and penalty procedures may differ somewhat in states with their own occupational safety and health programs. Additional violations for which citations and proposed penalties may be issued upon conviction include: • Falsifying records.000 and imprisonment of not more than three years. opposing.000 for each day the violation continues beyond the prescribed abatement date. subject to a fine of not more than $5.03. < previous page page_59 next page > file:///F|/books/1560521805/files/page_59.page_59 < previous page page_59 next page > Page 59 Failure to Correct Prior Violation This may bring a civil penalty of up to $7. While the compliance officer may note this type of violation and review it with management in the closing conference.

work-site analysis for the purpose of hazard identification. and safety and health training. For example. It is important that the employer also includes programs.03. and so forth.” the employer must normally have written and implemented a safety and health program that provides for appropriate management commitment and employee involvement. High. low and minimal severity are assessed and the proposed penalty adjusts up or down based on a complex formula. History Penalty reduction of 10 percent will be given to an employer who has not been cited by OSHA for any serious. Employers who correct a violation immediately during an OSHA visit can receive a 15 percent penalty reduction. willful or repeat violations in the past three years. There is no reduction for an employer with no program. Lock-out Tag-out.2011 19:30:56] . < previous page page_60 next page > file:///F|/books/1560521805/files/page_60.html[05. A reduction of up to 25 percent may be given for a documented program with some deficiencies. hazard prevention and control measures. required under OSHA standards. Noise control. the size of the company affects the adjustment factors as follows: Number of employees Percent reduction 1–25 60 26–100 40 101–250 20 251 + 0 ‘Good Faith’ To receive the penalty reduction for ‘‘good faith.page_60 < previous page page_60 next page > Page 60 PENALTY-ADJUSTMENT FACTORS Gravity of the Violation The seriousness of the illness or injury that could result from the violation and the probability that an injury could occur are considered. medium. Company Size Smaller companies frequently get a break. such as Hazard Communication.

If the employer does not contest the citation. the abatement date. the reference to a particular OSHA standard—then the employer has 15 working days from the time the citation is received in which to notify the OSHA Area Director in writing.03. Forward-thinking companies will frequently agree that a safety problem exists and will want to work to fix the condition as quickly as possible and hope for a reduction in penalty for their “good faith” efforts at the hearing. they too should sign the Contest. The employer’s decisions—to contest or to pay the penalty—are very important. abatement dates and penalties.html[05. OSHA tells the employer that the cited hazard must be corrected by the prescribed date unless the citation or the abatement date are contested. This written notification is called a “Notice of Contest” and should be sent by certified mail. The Notice of Contest is considered filed on the date it is postmarked.2011 19:30:56] . But if the employer decides to appeal one or more of the items on the citation form—the penalty. The Notice of Contest should be in letter form and should carefully designate the citations or parts of the citation being contested and whether the citation abatement dates or penalties are being contested. to the Area Director of the OSHA office that issued the citation. The Notice does not extend the time for contesting the citation. abatement dates and proposed penalties. The Notice can be sent by regular mail but certified mail has the advantage of providing evidence that the document was indeed mailed.page_61 < previous page page_61 next page > Page 61 APPEALING CITATIONS Once the OSHA citations are received. the citations become final and the employer is expected to pay the penalties within five days of receipt of the citation form. In general the Notice of Contest should specify that it contests all three items—citation. The filing of Notice of Contest starts the legal process of complaint and. if attorneys are involved at this point. < previous page page_61 next page > file:///F|/books/1560521805/files/page_61. The filing of Notice of Contest protects all the company’s legal rights. return receipt requested.

lack of technical expertise to install new equipment. and temporary steps being taken to safeguard employees in the intervening period. and so forth. A sample Notice of Contest is included in the appendix. the reasons such additional time is needed. shutdown.page_62 < previous page page_62 next page > Page 62 PREPARING FOR THE APPEAL To protect yourself. safety specialist or plant manager can coordinate their presentations in this informal conference equally as well. abatement period or abatement process. or all of the above.2011 19:30:56] . indicating steps already taken to achieve compliance. Ignorance of a safety problem is no defense under OSHA. Keep legal counsel informed. There is no specific format for the notice but it should clearly outline the basis for the employer’s filing the appeal with reference to either the proposed penalty. < previous page page_62 next page > file:///F|/books/1560521805/files/page_62. There may be entirely valid reasons for contesting a citation: unavailability of materials to correct the hazards.03. take the following steps: Date stamp the citation when it arrives and remember that you have only 15 working days from the date received to contest the citation. Should an employer use the services of an attorney to represent the company in an OSHA informal conference? Some firms do but many organizations feel that an experienced human resource manager. The agency believes that management should be using reasonable diligence to operate its facilities within the framework of OSHA requirements and should have known about the hazard.html[05. There is a good chance that you can get the penalties reduced if you have something tangible to show in defense of your position. equipment not available for the installation until the next overhaul. Request an informal conference of the citation within 15 days of your receipt. the employer should promote those reasons and may file a Petition for Modification of Abatement. If you are going to contest. the additional time needed to complete compliance. seek positive support from employees and union representatives. Where there are factors beyond reasonable control.

If employees are represented by a labor union. the employer may be able to show that it has a well-established and well-publicized work rule prohibiting the behavior and that employees know the rule. nobody gets off the hook. if contractors working on the employer’s premises create the violation. or a delegate. A record of having disciplined employees for not wearing required personal protective equipment will also help. They may. For example. the area director or the delegate is the last OSHA person you will see—at least for a while. then a copy of the notice must be posted on a bulletin board. If you settle at the informal conference. If an employee is noticed not wearing required personal protective equipment. the employee or authorized representative may request an informal review of any decision not to issue a citation. contest the time allowed for abatement of a hazardous condition.html[05. < previous page page_63 next page > file:///F|/books/1560521805/files/page_63. Employees are not allowed to contest citations. amendments to citations. APPEALS BY EMPLOYEES If an inspection was initiated as a result of an employee complaint.03.2011 19:30:56] . employee representatives may be invited to attend the meeting. Under the OSH Act the area director is authorized to enter into settlement agreements that revise citations and penalties to avoid prolonged legal disputes.page_63 < previous page page_63 next page > Page 63 Sometimes employee misconduct can get the employer in hot water as the OSHA inspector makes the tour. OSHA can cite both the employer and the contractor for these violations. Sometimes employees are exposed to a hazard that other workers created. When an employer requests an informal meeting with the OSHA area director. if the facility is non-union. proposed penalties or lack of penalties. In this case. a copy of Notice of Contest must be given to the union representative. however.

6. the corrective work undertaken to correct the citations. Be prepared with your best defense position. Be prepared to make your presentation in a nonargumentative manner. Know the injury and illness incidence rate of your facility and that of your industry (available each December when OSHA publishes annual statistics for the previous federal fiscal year). this establishes a cooperative attitude on the part of company management. Designate one manager to present the case to OSHA and to chair any activities tied in with the inspection. 4. 2. precise reference to OSHA standards and the specific steps you have taken or are prepared to take to abate the citations are important ingredients in a success formula for the informal conference. Tell OSHA that you have indeed posted the Notice of Citation at or near the areas cited for the required three days. If the likelihood of injury is low because of infrequent employee activity or exposure in the area.page_64 < previous page page_64 next page > Page 64 PREPARING FOR THE INFORMAL CONFERENCE What are some steps an employer can take to prepare for the informal conference with the OSHA area director or his deputy? Going to the conference with the facts. Read the OSHA Standards applicable to your industry and compare them to the citations that you challenge. For the OSHA area staff.html[05. most important. say so. Here are some steps to take before the hearing so that management is well prepared to present the best case for management: 1. Examine your first aid log and the OSHA 200 log to see if there have been injuries in the area or machines that are listed in the citations.2011 19:30:56] . 3. make that point in your presentation.03. 5. If there are few or none. If the injuries were minor. < previous page page_64 next page > file:///F|/books/1560521805/files/page_64. citations and. Tell OSHA that the Notice of Hearing has also been posted. also emphasize that point in the informal conference.

be prepared to show your disciplinary record for safety violations. If previous OSHA inspections have gone well with few citations and low penalties. remind the area director of these facts. QUICK REVIEW Order the following list of penalties with 1 being the most serious violation. Check your answers with those at the bottom of the page. If unsafe acts are being cited. say so—and be prepared to back up your position. 11. 3. ___ Failure to Correct Prior Violation ___ Serious Violation ___ Willful Violation ___ Other-Than-Serious Violation ___ De Minimus Violation ___ Repeat Violation (Answer: 5. In advance of the conference explain to that person your abatement efforts so that the union can be as supportive as possible when you are asking for reduction in penalties or additional time to abate the conditions.html[05. 4) < previous page page_65 next page > file:///F|/books/1560521805/files/page_65. explain that training has been held and this incident was a temporary lapse that will now be covered by re-instruction. 10. 1. Such evidence can be a completed maintenance department work order or a dated ‘‘received” notation on a purchase order for new equipment. For example. 6.03.2011 19:30:57] . 2. In organized locations the local union safety representative is usually automatically invited to the hearing. If you think the penalties are high. show why the danger is not as great as the compliance officer suggested.page_65 < previous page page_65 next page > Page 65 7. An instant photograph (dated and initialed) of corrected workplace citations provides vivid evidence that you have indeed taken action to correct unsafe conditions. point out any instances of first time violations. Bring along key management players to support you in the hearing. Provide photocopies of these documents to present to OSHA at the meeting. document your efforts fully. 8. For those citations that have been abated.

“We request your consideration of our position on each of the citations and request extended abatement dates on certain items and reduction of penalties on all citations.page_66 < previous page page_66 next page > Page 66 MANAGEMENT PROTOCOL AT AN OSHA INFORMAL CONFERENCE After the OSHA area director or representative has outlined the reasons for the conference and asked for the names of management and employee representatives.2011 19:30:57] .html[05. ► State that management has requested the conference because of concerns about a number of these citations. ► Assert that several items are duplications or cross-references of the same citation.03. After a review of each item of the citation. it is good policy for the ranking management representative to: ► Reintroduce the names and titles of the management representatives present (plant manager. ► Document that on most items there has been the absence of significant injuries or illnesses by bringing three years of the facility’s OSHA 200 log as back up. safety manager) ► Reaffirm that the notice of citations (OSHA Form 2 H—see appendix) was posted in the area of the citations in the facility for the required three days or until the citations were abated. Some of these citations have been corrected and looked on as a constructive audit of the facility’s safety activities and have been abated or corrected promptly.” < previous page page_66 next page > file:///F|/books/1560521805/files/page_66. ► Explain why management questions the gravity of some of the violations listed as “Serious. management may choose to say. several are not clear and for some citations the compliance officer did not obtain full information of the company’s activities. on some items. engineering manager. ► Show that management has made prompt and good-faith efforts to abate the items they agree with —within hours.” ► Indicate that management thinks the proposed penalties are high—very high—and explain why the company will be requesting cancellation or reduction of certain proposed penalties.

if all goes well. an employer who has received OSHA-citations and proposed penalties may decide to request an informal conference with the OSHA Area Director to discuss the citations.03. The informal conference is an opportunity to: ► Obtian a more complete understanding of the violations cited ► Obtain answer to other questions an employer may have ► Discuss ways to correct the violations ► Discuss any problems with the abatement dates ► Discuss problems concerning employee safety pratices ► Resohre disputed citations and penalties ► And.page_67 < previous page page_67 next page > Page 67 HOW THE INTERNAL CONFERENCE CAN HELP YOU Before deciding whether to file a Notice of Contest. proposed penalties and abatement time frames.html[05.2011 19:30:57] . TV negotiate and enter into an informal Settlement Agreement < previous page page_67 next page > file:///F|/books/1560521805/files/page_67.

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Page 68 HOW TO CONTEST AN OSHA CITATION The burden is on OSHA to prove that you violated the cited standard or provision of the Occupational Safety and Health Act. Among valid employer defenses that have been used effectively are: OSHA failed to prove the violation. For example, OSHA’s first aid standard requires the presence of a person in first aid only when there is no infirmary, clinic or hospital reasonably accessible to the worksite. In one such case OSHA cited, there were a medical clinic, two hospitals and a rescue squad within five minutes of the work site. OSHA must not only prove that there is a violation but also that the violation presents a hazard to employees or that employees are exposed to the hazard. For example, when OSHA cited an employer for not having an overhead guard on a fork lift truck, the citation was dropped when the employer showed that there was no danger of falling objects sufficient to require an overhead guard. In isolated occurrences where an employee acts contrary to instructions, citations can be dropped if the employer—who has the burden of proof in this type of case—can show that the incident was not preventable. As an example, a construction firm that provided adequate barriers and signals to warn off traffic was not responsible for an employee who voluntarily acted as a flagger to wave off traffic. The burden of proving that compliance is not technically or economically feasible is upon the employer if the defense is used to excuse compliance from a Standard that prescribes a specific means of compliance. This defense is used frequently in the OSHA noise standard. For example, OSHA’s suggested engineering controls to reduce noise in a brewery would either interfere with production or would be too expensive for the benefit it would provide. If compliance with an OSHA standard would present a greater hazard than the existing work practices of the employer, then in some instances the citation will be dropped. Burden of proof is on the employer. Also of consideration is the fact that alternative means of protection are unavailable. As an example, a group of 15 roofers should not have to wear safety belts and lanyards in their work on a roof because a lanyard system across the roof would create a tripping hazard. One defense to citations under the General Duty Clause is to require OSHA to prove that there is a recognized hazard likely to cause death or serious physical harm. For example, a citation against an employer who was erecting a shelving system in a warehouse was dropped because the employer lacked knowledge of a pre-existing hazard and there was no industry recognition of the hazard.

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Page 69 Sometimes OSHA will cite for violation of a general standard when a specific standard should apply. For example, a standard that requires an employer to maintain ladders in good condition at all times does not apply if the violation is for having a ladder with a broken side rail because there is a specific standard that applies to ladders with broken side rails. If the standard is advisory, not mandatory, or if the standard is not specific enough to inform the employer what is required, then the employer’s obligation is lessened. Defenses may also be mounted if the employer believes that the penalty is not appropriate (too high), if OSHA made ‘‘procedural mistakes” (citation was issued more than six months after the violation) or the abatement dates are unreasonable.

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Page 70 THE OSHA REVIEW COMMISSION (OSHRC) If the company is unable to reach a satisfactory settlement in the informal conference with the OSHA regional director, then it is up to the employer to file a written Notice of Contest within those required 15 working days. The OSHA area director then forwards the case to the Occupational Safety and Health Review Commission (OSHRC), an independent agency not associated with OSHA or the Department of Labor. Less than 10 percent of cases are presently being contested by employers to this stage. As a first step an administrative law judge is assigned to the case. The judge may disallow the contest or schedule a hearing in the area near the employer’s workplace, with both the employer and employees having the right to participate. OSHRC does not require that the company be represented by attorneys but you will want to get legal advice on how best to handle your presentation at this point in the contest cycle. Once the administrative law judge has ruled on the case, any party may request a further review by OSHRC. Ultimately, OSHRC rulings may be appealed to the appropriate U.S. Court of Appeals. As a practical matter very, very few OSHA citation cases get this far. The vast majority are settled in informal conferences with the area director where additional time is frequently granted on abatement dates for bonafide reasons. Fines are reduced significantly where the employer can show good-faith efforts in its safety and health program. As you move through the appeals process, don’t lose sight of the fact that the burden of proof is on OSHA and the Secretary of Labor has to prove the allegations cited by a preponderance of evidence.

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To protect yourself and your company. a company has ____________ days to pay the fine or file an appeal. nonargumentative. 9. disciplinary. 6. Check your answers with those at the bottom of the page. Fines are often reduced if the employer can show ____________ efforts in his or her safety and health program. If unsafe acts are being cited. Ignorance. 8. 8.html[05. and the ____________ date.page_71 < previous page page_71 next page > Page 71 Test Your Knowledge Fill in the blanks for the following questions. 5. OSHA. 2. 3. 5. informal conferences. 3. good faith. citation abatment. 9. 6. 7. Upon receipt of a citation from OSHA. 4. 10. be prepared to show your ____________ record for employees’ safety violations. the ____________. 2.2011 19:30:58] . 1. A(n) ____________ penalty may be assigned if the employer has an extensive history of prior violations. date stamp. Be prepared to make your presentation at the Informal Conference in a manner.03. 5. 7. eggregious < previous page page_71 next page > file:///F|/books/1560521805/files/page_71. ____________ the citation when it comes in. The company can appeal the fine. The vast majority of OSHA citations are settled in ____________ 4. ANSWERS: 1. 10. The burden of proof is on ____________ to prove allegations cited. ____________ of a safety problem is no defense under OSHA.

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Employers who want help in recognizing and correcting safety and health hazards and in improving their safety and health programs can receive a free consultation service largely funded by OSHA. The service is delivered by state governments using professional staff. The process begins with the employer’s request for consultation and the employer’s commitment to correct any serious job safety or health hazards identified by the consultant.page_75 < previous page page_75 next page > Page 75 HELP FROM OSHA: OSHA’S CONSULTING SERVICES Not everything in OSHA is inspection and enforcement.2011 19:30:59] . Primarily targeted for small businesses in high-hazard industries. These safety and health professionals are not members of OSHA’s enforcement staff so there’s little chance that a visit from a consultant will trigger an OSHA inspection or citations. not by OSHA’s enforcement staff. In such unusual circumstances. The service is confidential. correct all identified hazards and institute the core elements of an effective safety and health program may receive a one-year exemption from OSHA general schedule enforcement inspections. No citations are issued or penalties proposed as a result of a consultation. Employers who receive a comprehensive consultation visit.03. Besides helping employers identify and correct specific hazards. consultants can assist in developing and implementing effective safety and health programs with emphasis on the prevention of worker injury and illness. A firm’s name and any information about the employer’s workplace. plus any unsafe or unhealthful conditions that the consultant uncovers. < previous page page_75 next page > file:///F|/books/1560521805/files/page_75. the safety and health consultation effort is completely separate from the inspection effort. Inspections prompted by an employee complaint or by a fatality or catastrophe are not exempted under the program. The employer’s only obligations are to allow the consultant to confer with employees in the course of the hazard survey and to correct any imminent dangers and other serious job and safety hazards in a timely manner. No penalties are proposed or citations issued for hazards identified by the consultant. Possible violations of OSHA standards will not be reported to OSHA enforcement staff unless the employer fails or refuses to eliminate or control worker exposure to any identified serious hazard or imminent danger situation. A growing area of activity in the federal agency is its efforts to encourage and assist with positive safety and health activities among employers. is not usually reported to the OSHA inspection staff.html[05. OSHA may investigate and begin enforcement action.

Training available.03.page_76 < previous page page_76 next page > Page 76 THE VALUE OF OSHA’S FUNDED CONSULTATION SERVICE Comprehensive consultation assistance from OSHA includes appraisal of Mechanical. A conference with management on the findings. A written report of recommendations and agreement. phisical. and enviromental hazards of the workplace.html[05. The employer’s present job safety and program. and A follow-up to assure that any required corrections are made < previous page page_76 next page > file:///F|/books/1560521805/files/page_76. and assistence with implementing recommendations. work practice.2011 19:30:59] .

expand worker protection to help meet the goals of the OSH Act. is open to an employer in any industry who has successfully managed a comprehensive safety and health program to reduce injury rates below the national average for the industry. the most demanding and prestigious of the programs.html[05. hazard prevention and control programs and comprehensive safety and health training for employees.page_77 < previous page page_77 next page > Page 77 OSHA’S VOLUNTARY PROTECTION PROGRAMS Another part of OSHA’s effort to extend worker protection beyond the minimum required by the agency’s standards is a group of Voluntary Protection Programs (VPPs) offered as cooperative approaches which. These requirements must be in place and operating effectively. It allows OSHA to recognize both outstanding safety and health requirements and to determine if general Star requirements can be changed to include these companies as Star participants. these programs motivate others to achieve excellent safety and health results in the same way and establish a relationship between employers.2011 19:30:59] . Also. An employer may make application for any VPP program at the nearest OSHA regional office. The Demonstration Program is for companies that provide Star-quality worker protection in industries where Star requirements may not be appropriate or effective. The three OSHA programs (Star. Once OSHA is satisfied on paper that the employer qualifies for the program. < previous page page_77 next page > file:///F|/books/1560521805/files/page_77. the employer receives a letter from OSHA head informing the site of its participation in the VPP. an on-site review is scheduled. If approved. Specific requirements for the program include management commitment and employee participation. Further evaluations are conducted on an annual basis for Star and Merit programs and each three years for Demonstration participants. employees and OSHA that is based on cooperation. The review team presents its findings in a written report for the company’s review prior to submission to the head of OSHA (Assistant Secretary of Labor for Safety and Health). Merit and Demonstration) are designed to recognize outstanding achievement of those who have successfully incorporated comprehensive safety and health programs into their total management system. An employer with a basic safety and health program built around the Star requirements who is committed to improving the company’s program and who has the resources to do so within a specified period of time may work with OSHA to meet Star qualifications.03. OSHA’s Merit Program is a stepping stone to Star Program participation. OSHA’s Star Program. when coupled with an effective enforcement program. a high-quality worksite analysis program.

a level of assuredness that has been enhanced by reading this book. Management groups that have their safety and health activities in good shape should have a sense of confidence in dealing with OSHA. OSHA’s compliance officers attend these classes but industry and labor representatives may also attend. keeping workers compensation costs low. < previous page page_78 next page > file:///F|/books/1560521805/files/page_78.page_78 < previous page page_78 next page > Page 78 OTHER OSHA SERVICES OSHA’s area offices are what the agency calls.html[05. Most employers willingly address the spirit and intent of the OSHA law in their basic safety and health programs. “full-service centers. OSHA also sponsors the OSHA Training Institute headquartered in Des Plaines.2011 19:31:00] .03. productivity high and minimizing their exposure to OSHA citations. providing basic and advanced training in all areas of safety and health. That advice can include answering employers’ questions on OSHA standards. Illinois.” offering speakers’ publications. audio-visual aids and technical advice. CONCLUSION The Occupational Safety and Health Administration has influenced safety and health activities in the workplace for more than two decades. explaining necessary steps to meet requirements of those standards or providing general help with an employer’s safety and health program.

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S.O.P.page_81 < previous page page_81 next page > Page 81 Safety and Occupational Health NATIONAL OFFICES U. NE Altanta. IL 60018 312–297–4810 OSHA Cincinnati Laboratory (Technical equipment calibration and repair) U. Department of Labor Occupational Safety and Health Administration 200 Constitution Ave.S. 300 West Salt Lake City.O. DC 20036 202–605–5100 National Institute for Occupational Safety and Health Centers for Disease Control 1600 Clifton Rd. Rm. OH 45202 513–684–3721 OSHA Salt Lake City Laboratory Chemical Analyses of Monitoring Samples P. NW Washington. 84115 801–487–0521 Occupational Safety and Health Review Commission 1120 20th Street Washington.2011 19:31:00] .S. 300 West Salt Lake City.03. DC 20210 202–219–8151 OSHA Training Institute Office of Training and Education U.html[05. UT.O. OH 45226 513–533–8230 < previous page page_81 next page > file:///F|/books/1560521805/files/page_81. Des Plaines. 108 5th & Walnut Streets Cincinnati. GA 30333 404–639–3771 NIOSH Research Facilities Robert A. Department of Labor 1555 Times Dr. Box 15200 1781 S. SLC P. Box Building. Box 15200 1781 S. UT 84115 801–487–0521 OSHA Health Response Unit.Taft Laboratories 4676 Columbia Parkway Cincinnati.

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Describe each hazard you think exists in as much detail as you can. except that.P. a recent accident or physical symptoms of employees at your site) include the information in your description.S. After you have completed the form.page_87 < previous page Page 87 SAFETY OR HEALTH HAZARD NOTICE Notice of Alleged Safety or Health Hazards page_87 next page > U. and a copy shall be provided the employer or his agent no later than at the time of inspection. No. or in the case of a report of imminent danger when such a committee has not responded to the report as required in Sec. G. return it to your local OSHA office. Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm. For Federal Employees: This report format is provided to assist Federal employees or authorized representatives in registering a report of unsafe or unhealthful working conditions with the U. 1218–0064 This form is provided for the assistance of any complainant and is not intended to constitute the exclusive means by which a complaint may be registered with the U. upon request of the person giving such notice. he shall make a special inspection in accordance with the provisions of this section as soon as practicable to determine if such violation or danger exists. NOTE: Section 11(c) of the Act provides explicit protection for employees exercising their rights. If the hazards described in your complaint are not all in the same area. continue on any other sheet of paper. If there is any particular evidence that supports your suspicion that a hazard exists (for instance. NOTE: It is unlawful to make any false statement. or in response to reports of unsafe or unhealthful working conditions upon request of such agency committees under Sec. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists.2011 19:31:02] . or by both. or by imprisonment of not more than six months. may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. (Section 17(g)) OSHA-7 (Rev. released. shall set forth with reasonable particularity the grounds for the notice.03. INSTRUCTIONS: Open the form and complete items 2 through 18 as accurately and completely as possible. including making safety and health complaints. and shall be signed by the employees or representative of employees. 29 CFR Part 1960. Sec. or made available pursuant to subsection (g) of this section If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists. Department of Labor.S. or that an imminent danger exists. Violations can be punished by a fine of not more than $10.C. Department of Labor.S. 1–201(h).S. 651. If you need more space than is provided on the form.S. 1–3. 1/84) U. Executive Order 12196.html[05. representation or certification in any document filed pursuant to the Occupational Safety and Health Act of 1970. please identify where each hazard can be found at the worksite.000. Department of Labor Occupational Safety and Health Administration For the General Public: From Approved O M B. 8(f)(1) of the Williams-Steiger Occupational Safety and Health Act. provides as follows. The Secretary of Labor may conduct unannounced inspections of agency workplaces when deemed necessary if an agency does not have occupational safety and health committees established in accordance with Subpart F. his name and the names of individual employees referred to therein shall not appear in such copy or on any record published. Any such notice shall be reduced to writing. 29 U.O 1984–446–435 < previous page page_87 next page > file:///F|/books/1560521805/files/page_87. he shall notify the employees or representative of the employees in writing of such determination.

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page_i < previous page Page i A MANAGER’S GUIDE TO OSHA Neville C.html[05.03.Tompkins A FIFTY-MINUTE™ SERIES BOOK CRISP LEARNING Menlo Park.2011 19:31:04] . California page_i next page > < previous page page_i next page > file:///F|/books/1560521805/files/page_i.

page_ii < previous page page_ii next page > Page ii CREDITS Editor: Brenda Machosky Designer: Carol Harris Typesetting: ExecuStaff Cover Design: Amy Shayne and Fifth Street Design Artwork: Ralph Mapson All rights reserved.com 00 01 02 03 10 9 8 7 6 5 4 Library of Congress Catalog Card Number 92–54632 Tompkins. including photocopying. Neville C. Inc. electronic or mechanical.03. Inc. No part of this book may be reproduced or transmitted in any form or by any means now known or to be invented. recording. © 1993 by Crisp Publications.html[05. A Manager’s Guide to OSHA ISBN 1-56052-180-5 (Print Edition) < previous page page_ii next page > file:///F|/books/1560521805/files/page_ii.2011 19:31:04] . Printed in the United States of America by Von Hoffmann Graphics. or by any information storage or retrieval system without written permission from the author or publisher. CrispLearning. except for the brief inclusion of quotations in a review.

please call 1-800-442-7477 and ask to speak with a Customer Service Representative. To learn how to obtain a copy of this assessment. They have been developed to guide you. A twenty-five item. Objectives 1) To explain the provisions of the Occupational Safety and Health Act 2) To discuss protocols for an OSHA inspection 3) To explain citations. the reader.html[05. < previous page page_iii next page > file:///F|/books/1560521805/files/page_iii.2011 19:31:04] . An answer sheet with a chart matching the questions to the listed objectives is also available. penalties and the appeal process 4) To provide information on help available from OSHA Assessing Your Progress In addition to the learning objectives. to the core issues covered in this book. Crisp Learning has developed an assessment that covers the fundamental information presented in this book. Assessments should not be used in any selection process.03.page_iii < previous page page_iii next page > Page iii LEARNING OBJECTIVES FOR: A MANAGER’S GUIDE TO OSHA The objectives for A Manager’s Guide to OSHA are listed below. multiple choice/true-false questionnaire allows the reader to evaluate his or her comprehension of the subject matter.

he had corporate staff responsibility for safety and health in that 9.2011 19:31:05] . He is the author of How to Conduct Safety and Health Audits from Business and Legal Reports Inc. a safety and health consultant and writer from Cedar Run. Boston.page_iv < previous page page_iv next page > Page iv PREFACE Every workday in America hundreds of employers receive that ominous call from the receptionist. < previous page page_iv next page > file:///F|/books/1560521805/files/page_iv.html[05.03. Formerly Director of Safety and Health for Continental Can Co. This book shares the writer’s experiences in dealing with federal OSHA for many years as a safety and health manager at the plant level in general industry and then at the corporate level in negotiating with OSHA area officials in dozens of settlement conferences. Neville C. has had plant.Tompkins ABOUT THE AUTHOR Neville C. How to Write a Company Safety Manual and Job Safety Programs: Development and Implementation . Inc. “There’s a representative from OSHA in the lobby who wants to see you.. He now offers safety and health consulting services to smaller organizations.Tompkins.” This book tells you what to do next. New Jersey.500-employee company and was the lead corporate manager in dealing with federal and state safety and health agencies. Madison... Connecticut and from Standard Publishing Corp. division and corporate safety and health responsibilities in large organizations..

2011 19:31:05] .03.page_v < previous page page_v next page > 1 3 4 7 11 14 21 22 25 27 29 32 35 38 41 45 47 51 53 55 61 70 73 75 77 79 Page v CONTENTS PART I THE OCCUPATIONAL HEALTH AND SAFETY ACT Federal OSHA OSHA’s Role in Safety and Health OSHA Standards and Regulations Key OSHA Standards Employer and Employee Responsibilities and Rights OSHA Recordkeeping and Reporting What Is an Occupational Injury or Illness? Communication and Training Responsibilities PART II OSHA INSPECTIONS: WHAT TO EXPECT Why Me? OSHA’s Enforcement Priorities OSHA’s Inspection Priorities Avoiding Employee Complaints to OSHA Managing an OSHA Inspection The Opening Conference The Inspection Tour The Closing Conference PART III CITATIONS.html[05. PENALTIES AND THE APPEAL PROCESS Citations and Penalties OSHA’s Penalty Grid Appealing Citations The OSHA Review Commission (OSHRC) PART IV HELP FROM OSHA Help from OSHA: OSHA’s Consulting Services OSHA’s Voluntary Protection Programs PART V APPENDIX < previous page page_v next page > file:///F|/books/1560521805/files/page_v.

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Industrial hygiene--Law and legislation--United States. Industrial safety--Law and legislation--United States. Industrial safety--Law and legislation--United States.11/56/0973 Industrial safety--United States.cover cover Cover next page > title: author: publisher: isbn10 | asin: print isbn13: ebook isbn13: language: subject publication date: lcc: ddc: subject: A Manager's Guide to OSHA Fifty-Minute Series Tompkins. Occupational Health--United States. Occupational Health--United States.html[05. Neville C.03.T56 1993eb 363. Industrial hygiene--Law and legislation--United States. 1993 T55. cover next page > file:///F|/books/1560521805/start_here. Industrial hygiene--United States. Industrial hygiene--United States. Course PTR 1560521805 9781560521808 9781417521760 English Industrial safety--United States.2011 19:31:05] .

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