Principles of Occupational

Safety and Loss Control

Occupational Safety &

Health Administration
 History of the Occupational
Safety & Health Act

 Proposed by Williams & Steiger

 Dec. 29, 1970: became public law
 April 26, 1971: enforced by Federal
government
 Purpose of the OSH Act

... to assure every working man & woman in

safe and healthful working conditions, and to
preserve human resources.
Applicability of the OSH Act

Every employer engaged in

business affecting commerce
who has employees
 Implementation of this
Mandate

 Encourage employers & employees to:

» Abate hazards in the workplace
» Establish employer/employee safety-related
responsibilities
» Develop and perfect safety programs
 Authorized OSHA to:
» Set mandatory safety and health standards
» Provide effective enforcement
 Implementation of this
Mandate (cont.)
 Provided for:
» Research in the OS&H field
» Training of OS&H professionals
 Encouraged states to assume OSHA-
related responsibilities
 Established employer reporting
requirements for work-related injuries,
illnesses, & fatalities
 Administration of the Law

 Secretary of Labor administers the OSH

Act

 Assistant Secretary of Labor is the head

of OSHA
 Agencies Created by the
OSH Act

 OSHA Occupational Safety & Health

Administration
 OSHRC Occupational Safety and
Health Review Commission
 NIOSH National Institute of
Occupational Safety and
Health
 Occupational Safety and
Health Administration
Responsibilities

 Establish mandatory safety and health

standards
 Determine compliance to standards
 Propose penalties for noncompliance
 Investigate fatalities and catastrophes
 Occupational Safety and
Health Review Commission
Responsibilities

 Conduct hearings when citations of

noncompliance are formally contested
by an employer
 Determine whether or not contested
violations are legitimate
 National Institute of
Occupational Safety & Health
Responsibilities

 Recommend new safety and health

standards
 Conduct safety and health research
 Conduct/support educational programs
for OS&H professionals
 General Employers’
Responsibilities
...shall furnish to each employee, a place
of employment which is free from
recognized hazards that are causing or
are likely to cause death or serious
physical harm.
» Above phrase is taken from Section 5
(a)(1) of the OSH Act and is regarded as
the “General Duty Clause”
 Employers’ Rights

 To be advised by OSHA for the reason

of a site visit
 To participate in inspections
 To contest citations
 To apply for standard variances
» Temporary
» Permanent
 Employee Rights
 To request an OSHA site inspection
 To have representation during an inspection
 To access worker injury/illness records
 To be protected from possible employer
retaliation for requesting an inspection
 State Enforcement Plans

 Must have a designated agency to carry

out the plan
 Must be as effective as the Federal plan
 May be more strict than Federal
standards, but not less
 Must demonstrate enforcement abilities
 Must have adequate funding
 Can be revoked by Federal OSHA
 Inspection Priorities

 First Imminent danger

 Second Fatality/catastrophe
investigation
 Third Investigate a compliant or
referral
 Fourth Programmed or follow-up
inspection
 OSHA Inspection -
Opening Conference

 Officer exhibits his/her credentials

 Officer must inform the employer of the
purpose of the visit.
 Officer can not inform the employer of
the complaining employee’s name
 OSHA Inspection Process
 Ensures if employer is in compliance
 Officer has various inspection-related rights
» Inspect area respective to complaint
» Expand scope of inspection if cause for concern
» Interview selected employees - within reason
» Photograph equipment and/or employees
» Review injury/illness, training, or written program
documentation
Employer Recommendations
During an OSHA Inspection
 Do not require officer to get a warrant
 Be courteous
 Let the officer lead the way
 Write down everything officer does
 Attempt to immediately abate identified
violations
 Don’t elaborate on questions/comments
 Offer only what the officer asks for
 Major Types of
OSHA Violations

 Other Than Serious

 Serious
 Willful (intentional)
Other Than Serious Violation

A situation where the accident or illness

that would result from the hazardous
condition would probably not cause
death or serious injury
 Serious Violation

 Substantial probability exists that death

or serious injury will occur.
 Determined by the following criteria:
» The type of standard that is violated
» Whether the type of injury or illness
exposure could cause death/serious harm.
» Whether the employer knew or should
have known of the presence of the
hazardous condition.
 Willful Violation

A type of serious violation where an

intentional disregard of the act occurred
» Criminal Fatality occurs as the result of
proven all-out disregard for
OSHA requirements
» Repeated From a previously identified hazard
» Egregious Highly flagrant or obvious but no
criminal action is pursued
 Closing Conference

 Conducted at conclusion of inspection

 Requires employer & employee representation
 Specific hazards and violations of applicable
standards are discussed
 Possible forms of abatement may be offered
 Employer Recommendations
During the Closing Conference
 Keep non-aggressive & cordial
 Include top management in meeting
 Have a competent person take notes
 Have officer review each apparent violation
and the applicable standard(s)
 Try to have officer commit to fine amount
 Avoid committing to an abatement date
 Penalties
 Civil Penalties
» Other-than-serious or Serious:
maximum of $7,000/violation
» Willful:maximum of $70,000/day/violation
» Egregious: maximum of $70,000/violation
(case by case; within a six month period)
 Criminal Penalties
» Fine and imprisonment can result from
willful violations that cause death
 Appeals Process

 The employer has 15 working days to

formally appeal a citation or penalty
 The appeal must specify issue with the
citation, penalty, or both
 Area OSHA Director must transmit formal
appeal to the Review Commission
 OSHA Informal Conference

An employer may request an informal

conference with the OSHA Director
» Resolve a dispute over a citation or penalty
» Clarify applicable standards
» Solicit ideas on ways to abate a violation
» Discuss proposed penalties
» Discuss proposed abatement deadlines
 OSHA Recordkeeping
Requirements
Employers’ with 11 or more employees must
keep written injury and illness-related records
» OSHA 200 Log of recordable illnesses/injuries
– Must be maintained for past 5 calendar years
– Must be made available to all employees
– Must be maintained for each location
» OSHA 101 Supplementary Record
– Contains more detailed accident information
 Catastrophe and Fatality
Reporting Requirements

 Must be reported to the nearest OSHA District

Office within 8 hours

 May/may not be followed up on based on

whether it is in their jurisdiction
 OSHA Workplace
Posting Requirements
 OSHA Poster - “Safety and Health
Protection on the Job”
 Annual summary posted in workplace
during February for previous year
 Warning of potential exposure to toxic
materials (1910.1200)
 Warning of physical hazards (noise)
 Citation upon receipt from OSHA
 OSHA Standards
 Published by the Dept. of Labor
 General Duty Clause [Section 5(a)(1)]
 Broken down by major CFR topical areas
» 1900-1910; General Industry
» 1915; Shipyard
» 1917; Marine Terminals
» 1918; Longshoring
» 1925; Federal Service Contracts
» 1926; Construction Industry
 Ensuring Compliance
With OSHA Standards
 Be a proactive Risk Manager
 Know standards applicable to your business
 Understand and emphasize the positive
reason(s) for the standard(s)
 Be able to recognize hazards
 Abate the hazards in accordance with
recognized safety & health standards
 OSHA Penalties vs.
Worker Compensation Cost*
U.S. Total OSHA Fines 75.0 mill.
U.S. Total Worker Comp. 57.3 bill.

75,000,000 = 0.0013 = 0.13%

57,300,000,000

So what should we focus on more -

managing our OSHA compliance or
managing our actual losses?
*1995 figures