MODULE 0

Introduction to OSHA
“This material was produced under the grant SH-22285-11-60-F-11 from the Occupational
Safety and Health Administration, U.S. Department of Labor, and contract 212-2009-M-32109
from the National Institute for Occupational Safety and Health. It does not necessarily reflect
the views or policies of the U.S. Department of Labor or U.S. Department of Health and Human
Services, respectively, nor does mention of trade names, commercial products, or organizations
imply endorsement by the U.S. Government.”
 Introduction to OSHA
h Objectives
– Recognize major provisions of the OSH Act
– Identify key phases of an OSHA inspection
– Locate OSHA standards
– Recognize employer responsibilities at multi-
employer worksites
– General understanding of Part 1926 standards,
“Competent Persons” & “Qualified Persons”
– Respond appropriately to an OSHA inspection
 What do you know about OSHA?

 When did you first hear

about OSHA?
 What did you think
about OSHA then?
 What do you think is
OSHA’s mission?
 What is OSHA?
 Federal agency located with in the
Department of Labor
 On December 29, 1970, President Nixon
signed the OSH Act; it opened April 28, 1971
 “[T]o assure … every working
man and woman in the
Nation safe and healthful
working conditions and to
preserve our human
resources.”
 Why Did Congress Create OSHA?
 On average, 13 workers died every day
from job injuries in 2010.
 Approximately 4,600 Americans died from
workplace injuries annually during the
same period.
 Nearly 3.1 million non-
fatal workplace injuries
and illnesses were
reported for 2010
 What Does OSHA Do?
 Develop standards
 Inspect employers
 Investigate injuries and fatalities
 Issue citations and impose
penalties (civil or criminal)
 Assist in occupational safety and
health training
 Who Is Accountable to OSHA?
 An EMPLOYER is defined as a person
engaged in a business affecting commerce who
has employees; it does not include the United
States or other government entity.

 An EMPLOYEE is defined as a person

employed by an employer who affects
commerce.
 Who is covered by OSHA?
1. Harry Adams, a miner at No. Covered
Aggregate Quarry by MSHA
2. Juan Martinez, one of 3 Yes
employees of Roadside
Mowing.
No. Self-Employed
3. Taylor Dell, a consulting are not covered
engineer in business for
herself. Yes
4. Rob Jones, one of 10 laborers
working for Paving, Inc.
How Does OSHA Create Standards?
 Adoption of existing industry consensus
standards
 Rulemaking
 Emergency Temporary Standards
 Variances
 Sister Agencies
 National Institute for Occupational Safety
and Health (NIOSH)
 Occupational Safety and Health Review
Commission (OSHRC)
 Preemption
 4(b)(1) Preemption
 FMCSA
 FHWA
 State Plan States
 States may assume responsibility for
enforcing occupational safety and health
regulations in lieu of federal OSHA
 State must issue and enforce standards that
are substantially equal to the federal
standards
State Plan States
 Where Can I Find Out About New
Standards?

 Federal Register
 OSHA Website

(www.osha.gov)
 Finding OSHA Standards

29 CFR 1926.600-606
Title Part
(1926 = Construction) Section
(Individual number)

Code of
Subpart
Federal
(Grouping of Sections, 600-
Regulations 606 = Subpart O, Motor
Vehicles and Mechanized
Equipment)
 What Authority Does OSHA
Have at a Worksite?

 Inspect

 Issue Citations
 OSHA Inspection Priority
Priority Category of Inspection
1st Imminent Danger:
Reasonable certainty an immediate danger exists

2nd Fatality/Catastrophe:
Reported to OSHA; inspected as soon as possible

3rd Complaints/Referrals:
Worker or worker representative can file a complaint
about a safety or health hazard

4th Programmed Inspections:

Cover industries and employers with high injury and
illness rates, specific hazards, or other exposures.
 Citations
 Cite for violations of OSHA standards
or general duty clause (5(a)(1))
 When issuing a citation OSHA must
ensure that:
 The citation is in writing
 It describes the particular violation and
applicable standard or authority
 The citation is posted
 A reasonable abatement period is attached
to the citation
 Employer and Employee Rights

 Employers have the right to contest all

aspects of a citation.
 Employees only have a right to contest
the time period fixed for abating the
hazard.
 Penalties
 Willful or Repeated = Up to $70,000 per
violation with a minimum of $5,000 for
a willful violation
 Serious and “Other than Serious”
violations, to a maximum of $7,000
 Failure to abate a hazard, a maximum
of $7,000 per day for each day the
violation continues
 Penalties (continued)
 Advance notice of an inspection without
authority, a maximum of $1,000 or
imprisonment for not more than 6 months
 False statements, representation or
certification on documents maintained as
required by the OSH Act, maximum of
$10,000 or imprison- ment for not more
than 6 months
 Inspection Process

 Opening Conference
 Walk Around
 Closing Conference
 Multi-Employer Policy
 Exposing Employer
 Creating Employer
 Correcting Employer
 Controlling Employer
 Required Personnel
(Key OSHA Terms)

 Competent Person
 Qualified Person
 Designated Person
 Authorized Person
 Competent Person

 Capable of identifying existing and

predictable hazards and hazardous
working conditions; and
 Has authorization to take prompt
corrective measures to eliminate them
 Authorized Person

 A person approved or assigned by the

employer to perform a specific type of
duty or duties, or be at a specific
location or locations at the jobsite
 (Same definition for Designated
Person)
 Qualified Person
 One who, by possession of a recognized
degree, certificate, or professional
standing, or who by extensive
knowledge, training, and experience,
has proven the ability to solve and
resolve work-related problems…..
 Worker Rights
 The creation of OSHA provided workers
the right to a safe and healthful workplace.
 Section 5(a)(1) of the OSH Act states:
“Each employer 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."
 Illness and Injury Information
 OSHA’s Recordkeeping rule requires most
employers with more than 10 workers to
keep a log of injuries and illnesses.
 Workers have the right to review the
current log, as well as the logs stored for
the past 5 years.
 Workers also have the right to view the
annually posted summary of the injuries
and illnesses (OSHA 300A).
Complain and Request Corrections
 Workers may bring up safety and health
concerns in the workplace to their
employers without fear of discharge or
discrimination, as long as the complaint is
made in good faith.
 OSHA regulations [29CFR 1977.9(c)]
protect workers who complain to their
employer about unsafe or unhealthful
conditions in the workplace.
 Right to Training
 Workers have a right to get training from
employers on a variety of health and safety
hazards and standards that employers must
follow.
 Some required training covers topics such
as, lockout-tagout, blood-borne pathogens,
noise, confined spaces, fall hazards in
construction, and personal protective
equipment---along with a variety of other
subjects.
Examine Exposure & Medical Records
 1910.1020: right to examine & copy records
 Examples of toxic substances and harmful
physical agents are:
 Metals and dusts, such as lead, cadmium, and
silica.
 Biological agents such as bacteria, viruses,
and fungi.
 Physical stress such as noise, heat, cold,
vibration, repetitive motion, and ionizing and
non-ionizing radiation.
 File a Complaint with OSHA
 Workers may file a complaint with OSHA if
they believe a violation of a safety or health
standard, or an imminent danger situation,
exists in the workplace.
 Workers may request that their name not be
revealed to the employer.
 If a worker files a complaint, they have the
right to find out OSHA’s action on the
complaint and request a review if an
inspection is not made.
 Free from Retaliation
 Workers have the right to be free from
retaliation for exercising safety and health
rights.
 Workers have a right to seek safety and health
on the job without fear of punishment.
 This right is spelled out in Section 11(c) of the
OSH Act.
 Workers have 30 days to contact OSHA if they
feel they have been punished for exercising
their safety and health rights.
 Participate in an OSHA Inspection
 An employee representative can accompany the
OSHA inspector.
 Workers can talk to the inspector privately.
 Workers may point out hazards, describe
injuries, illnesses or near misses that resulted
from those hazards, and describe any concerns
they have about a safety or health issue.
 Workers can find out about inspection results,
abatement measures and may object to dates set
for violations to be corrected.
VIRTUAL INSPECTION
Identify the Hazards
Problems:
• Not a legal sign
• Sign not far
enough in
advance of the
work zone
Problems:
• Ladder not in
trench box
• Edges not
protected from
falls
• Worker outside
trench box
Problems:
• Chevrons/
hatch marks
pointing in
wrong
direction.
Problems:
• Outrigger on
unstable
surface.
• Poor walking
surface
Problems:
• No apparent
problems.
Problems:
• Improper use
of drum
• No fall
protection
system
Problems:
• No class 2 vest
• Working near
water (rescue
equipment?)
• Forms become
confined
spaces if
entered
Problem:
• Where is the fire
extinguisher?
Problems:
• Improper containers
• No labeling
• Possible mixing of
hazardous substances
END
Module 1