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OSHA
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Occupational
Safety and
Health
Administration
O
S
H
A
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14,000 employees died annually from job-
related injuries and illnesses
Nearly 2.5 million employees were
disabled
Ten times as many person-days were lost
due to job-related disabilities than from
strikes
300,000 new cases of occupational disease
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The purpose of the OSH Act is to
assure so far as possible every working,
man and woman in the nation safe and
healthful working conditions and to
preserve our human resources.

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Private employers with
one or more employees
business effecting commerce
Federal government employees
Not covered
self-employed
working conditions regulated by other federal agencies
farms employing only family members
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State and local government employees
Private employers not on federal
property
federal parks
military bases
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?
Regional and area offices
Standards
Inspections
Citations and Penalties
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Section 5(a)(1) of the OSH Act
Each employer shall furnish to each of his
employees employment and a place of
employment which is free from recognized
hazards that are causing or likely to cause death
or serious physical harm to his employees.

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Advisory Committees
National Advisory Committee on Occupational
Safety and Health (NACOSH)
Advisory Committee on Construction Safety
and Health
NIOSH Recommendations

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Standards adoption process
Advance Notice of Proposed Rulemaking *
Notice of Proposed Rulemaking *
Public Hearing
Comment Period
Final Standard *
* Published in the Federal Register
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Emergency Temporary Standards*
workers in grave danger
proposed permanent standard
Final ruling within 6 months
Appealing a Standard
Variances
Public Petitions

* Published in the Federal Register
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Consensus Standards
industry-wide stands-development
organizations
Proprietary
prepared by professional experts
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Horizontal vs. Vertical
horizontal (general) applies to any employer in
any industry
vertical applies to a particular industry
Performance vs. Specification
CPL/STD Documents


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29 CFR 1910




29
Labor

CFR
Code of
Federal
Regulations
1910
General
Industry
Standard
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Imminent Danger
Fatalities and Catastrophes
Employee Complaints
formal
in-formal
Referrals
Programmed
Follow Up (especially willful & repeat)
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Imminent Danger
reasonable certainty that danger
exists
may not be eliminated via normal
enforcement procedures prior to
death
serious physical harm
1
st
PRIORITY

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Fatalities and Catastrophes
hospitalization of 3 or more
employees
report to OSHA by employer within
8 hours
CALL 1 (800) 321 OSHA after hours
29 CFR 1904.8

2
nd
PRIORITY
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Employee Complaints and Referrals
formal
inspected
95% within 5 days
in-formal
phone/fax response from OSHA within 1 day
5 days for employer to respond
serious referrals


3
rd
PRIORITY

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Programmed Inspections
site-specific targeting
national emphasis programs
local emphasis programs
Construction scheduler
4
th
PRIORITY

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Follow-up Inspections
determines whether previously
sited violations have been
corrected
potential notice of
failure-to-abate (FTS)
additional daily penalties
5
th
PRIORITY

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Opening Conference
Inspection Tour (walkaround)
Closing Conference
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Compliance Safety & Health Officer (CSHO):
Presents credentials
Explains purpose of inspection
Requests employee participation
Outlines scope of the inspection
Determines employers on site
Union/non-union
(continued)
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CSHO:
Reviews OSHA Logs
Verifies hazard communication program
Verifies safety and health program
May verify access to employee
exposure and medical records
(1910.1020)
Verifies OSHA poster
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HIGHLIGHTS OF AN OSHA
WALKAROUND
INSPECTION
CSHO:
Identifies potential safety and health hazards
determines employee awareness & knowledge
evaluates PPE selection, maintenance & use
Documents apparent violations
Photographs or videotapes them
Instrument readings
Questions employees privately
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HIGHLIGHTS OF AN OSHA
CLOSING CONFERENCE
CSHO:
Gives Employer Rights & Responsibilities
Following an OSHA I nspection.
Explains:
employers rights
contest procedures
informal conference
Penalties may be issued by Area Director
consultation services
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CSHO:
Employees representative may be present
Employer may produce records to show
compliance
Discusses apparent violations
Requests abatement of violations
HIGHLIGHTS OF AN OSHA
CLOSING CONFERENCE
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Serious

There is a substantial probability that death or
serious physical harm could result, and the
employer knew or should have known or the
hazard.

Maximum Penalty: $7,000.


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Willful

Employer committed an intentional and
knowing violation or showed plain indifference
to the law.

Maximum Penalty: $70,000.
Minimum Penalty: $25,000
($5,000 for less than 50 employees)
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Repeat
Violation of the same or similar standard
within 3 years.

Employers with more than 250
employees:
First Repeat - Multiply penalty times 5.
Second Repeat - Multiply penalty times 10.
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Repeat
Violation of the same or similar standard
within 3 years.

Employers with less than 250 employees:
First Repeat - Multiply penalty times 2.
Second Repeat - Multiply penalty times 5.
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Other-Than-Serious

Not serious, but impacts the safety and
health of employees.
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Failure to Abate

Max
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De Minimus

Violation which has no direct or
immediate relationship to employee
safety and health.

No Penalty.
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No OSHA Poster $1,000
No OSHA 200 Log $1,000
Failure to post citations $3,000
Failure to report within 8
hours a fatality or accident
which hospitalizes 3 or more
employees $5,000
$$$
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Size






Good Faith Effort 25%
History (Last 3 Years) 10%

No. of Employees Reduction
1 - 25 60%
26 - 100 40%
101 - 250 20%
More than 250 None
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Citations received

Informal Conference

Contest Citation(s)

Administrative Law
Judge


OSHA Review
Commission

U.S. Court of Appeals

U.S. Supreme Court
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Citations issued to exposing employer.
Citations can also be issued to:
1. Employer who creates the hazard,
2. Employer responsible for overall site
safety, and
3. Employer responsible for correcting
the hazard.
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Consultation program
OSHA web page : http://www.osha.gov/
OSHA CD-ROM : 202-783-3238
OSHA Training Institute & Ed Centers
OSHA hotline : 1-800-321-OSHA
OSHA area and regional offices
ASSE, AIHA, other trade groups

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No cost, confidential assistance
On-site assistance with safety, health,
ergonomics
Serious hazard obligation!
Sometimes there is a backlog
Focused compliance assistance or
comprehensive assistance
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Targeted injuries and illnesses
silicosis
lead poisoning
amputations
15% reduction
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Targeted industries
construction
shipyards
nursing homes
logging
food processing
15 % reductions

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Decrease fatalities in construction by
15 % by focusing on
falls (33%)
struck by (22%)
caught between (18%)
electrical (17%)
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Change workplace culture to increase
employer and employee awareness of and
commitment to, and involvement in
safety and health
Secure public confidence in OSHA
through customer service
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www.osha.gov
SAFETY & HEALTH