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Industrial Safety ET 335: 

Industrial Safety ET 335 Chapter 4 OSHAct, Standards and Liability

Occupational Safety and Health Act: 

Occupational Safety and Health Act Became law in 1970

Why was it formed?: 

Why was it formed? Each year, (prior to 1970): 14,000 were deaths caused by Workplace Accidents 2.5 million were injured 300,000 new cases of occupational diseases were reported

OSHA’s Mission: 

OSHA’s Mission Encourage employers & employees to reduce workplace hazards. Implement new safety & health programs. Improve existing safety and health programs. Encourage research that will lead to innovative ways of dealing with workplace safety & health problems.

OSHA’s Mission: 

OSHA’s Mission Establish the rights of employers & employees regarding the improvement of workplace safety and health. Monitor job related illnesses and injuries through a system of reporting and record keeping. Establish mandatory workplace safety and health professionals and to improve their competence continually.

OSHA’s Mission: 

OSHA’s Mission Establish mandatory workplace safety and health standards and enforce those standards. Monitor, analyze and evaluate state-level safety and health

OSHAct Coverage: 

OSHAct Coverage Applies to most employers. Exemptions: Persons who are self-employed Family farms employing only family members Federal Agencies State and local governments Coal mines

OSHA Requirements: 

OSHA Requirements Fire Protection Electricity Sanitation Air Quality Machine use, maintenance, and repair

OSHA Requirements: 

OSHA Requirements Posting of Notices and Warnings Reporting of Accidents & Illnesses Maintaining written compliance programs Employee training

General Duty Clause: 

General Duty Clause Requires that employers provide a workplace that is free from hazards

OSHA Standards: 

OSHA Standards Does OSHA make laws? No, It enforces them Standard changes must go through the Dept. of Labor Does OSHA approve or test equipment? No, NIOSH Does

Reading OSHA Standards: 

Reading OSHA Standards First level (a) (b) (c) Second level (1) (2) (3) Third Level (i) (ii) (iii) Fourth level (A) (B) (C)

OSHA Standards: 

OSHA Standards Appealing a standard Any standard may be appealed Must go through the US Court of Appeals Requesting a Variance The ability to be exempt from an OSHA Law

Types of Variances: 

Types of Variances Temporary Variance Additional Time to comply with a standard Permanent Variance Permanent exemption from compliance to a standard Other Variances Experimental Variance for those participating in a study.

Record Keeping and Reporting: 

Record Keeping and Reporting The requirements

Injuries must be reported if . . .: 

Injuries must be reported if . . . Death of one or more workers One or more days of work are missed Restricted motion or work Loss of consciousness of one or more workers Transfer of an employee to another job Medical treatment

Record Keeping Requirements: 

Record Keeping Requirements Log and Summary of Occupational Injuries and Illnesses (Form 300) Supplementary Record of Occupational Injuries and Illnesses (Form 301) Annual Survey (Form 200S)

Incidence Rates: 

Incidence Rates IR = N X 200,000 T IR = Total injury/illness incidence rate N = Number of injuries, illnesses, & fatalities T = Total hours worked by all employees

Informing Employees: 

Informing Employees OSHA Poster 2203 Summaries of all variance requests Copies of all OSHA citations Summary page of OSHA Form 200/300

OSHA Inspections: 

OSHA Inspections OSHA Officers must present credentials to the person in charge They should then be allowed to enter any site location or facility where work is being performed They may inspect any machinery, condition, facility, equipment, materials, etc.

Anatomy of an Inspection: 

Anatomy of an Inspection Credential Presentation Opening Conference Inspection Tour Closing Conference

Citations and Penalties: 

Citations and Penalties Other-than-serious Violation Willful Violation Repeat Violation Failure to Correct Prior Violation

Appeals: 

Appeals Employee may Appeal Amount of time given to comply Request for extension for compliance Employer may Appeal Extension of time to comply (PMA) Notice of Contest Not willing to comply Must be done in 15 working days

Other Programs: 

Other Programs State level OSHA Programs Consultation services Voluntary Protection Programs Star Program Merit Program Demonstration Program Training and Educational Programs

Employer Rights & Responsibilities: 

Employer Rights & Responsibilities Pg. 77-78

Employee Rights & Responsibilities: 

Employee Rights & Responsibilities Pg. 79-80

Problems with OSHA: 

Problems with OSHA Viewed as overbearing “cops” Fines can significantly harm small, struggling businesses OSHA can not visit all businesses More needs to be done

Other Federal Agencies: 

Other Federal Agencies National Institute for Occupational Safety & Health (NIOSH) The Occupational Safety & Health Review Committee (OSHRC) Mining Safety (MESA and MSHA) Railroad (FRA)

Standards & Codes: 

Standards & Codes Standard - an operational principle, criterion, or requirement. Code - a set of standards, rules, or regulations relating to a specific area.