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Introduction to OSHA:

Introduction to OSHA Robert D. Kulick Regional Administrator OSHA Region 2

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What is OSHA? O ccupational S afety and H ealth A dministration Responsible for worker safety and health protection

How and when was OSHA created?:

How and when was OSHA created? OSHA Act of 1970 Public Law 91-596 91 st Congress, S.2193 December 29, 1970

Is there a need for OSHA?:

Is there a need for OSHA? Each year … Nearly 4,600 die on the job 50,000 die from work-related illnesses 6 million suffer non-fatal injuries Costing U.S. businesses over $125 billion

What is OSHA’s mission?:

What is OSHA’s mission? Ensure a safe and healthy workplace for every working man and woman

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What does OSHA do? Encourages employers and employees to reduce workplace hazards and implement new or improve existing injury/illness prevention programs Develops and enforces mandatory job safety and health standards Maintains a reporting and recordkeeping system to monitor job-related injuries and illnesses Provides assistance, training and other support programs to help employers and workers

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Who is covered by the OSH Act? Most private sector employees Coverage is provided directly by federal OSHA or through an OSHA-approved state program Does not cover the self-employed or immediate members of farm families that do not employ outside workers

Does OSHA have coverage in all 50 states?:

Does OSHA have coverage in all 50 states? 24 states and 2 territories have State Plan OSHA enforcement – Section 18(b) of OSHA Act State Plan states receive 50% OSHA funding Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, New York*, New Jersey*, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico , South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands , Washington, Wyoming * Public Employees Only

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What are employers’ rights & responsibilities? Employers must provide a safe and healthful workplace free of recognized hazards and follow the OSHA standards The OSH Act grants employers important rights, particularly during and after an OSHA inspection Employers must provide training, medical examinations and recordkeeping

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What are workers’ responsibilities? Follow the employer’s safety and health rules and wear or use all required gear and equipment Follow safe work practices for a job, as directed by the employer Read the OSHA poster (see OSHA Workers' web page for more information)

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What are workers’ responsibilities? Report hazardous conditions to a supervisor or safety committee Report hazardous conditions to OSHA, if employers do not fix them Cooperate with OSHA inspectors (see OSHA Workers' web page for more information)

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What are workers’ rights? Complain to OSHA about workplace conditions threatening their health or safety in person, telephone, fax, mail or electronically through OSHA’s web site Section 11(c) of the OSH Act gives workers the right to seek safe and healthful conditions on the job without being disciplined or fired Working with their employer, identify and correct problems in their workplaces.

What prompts an OSHA inspection?:

What prompts an OSHA inspection? Imminent danger Catastrophe and/or fatal accident Employee complaint Referral Programmed inspection Follow-Up inspection

How do OSHA Compliance Officers prepare for an inspection?:

How do OSHA Compliance Officers prepare for an inspection? Research files from previous inspections Research computer database Prep equipment and supplies If necessary seek anticipatory warrant

What happens during an OSHA inspection?:

What happens during an OSHA inspection? Opening conference – Present credentials, explain purpose of visit, collect information/data Walk around inspection – Conduct investigation, document hazards, interview employees, conduct S&H sampling Closing conference – Alert employer to hazards, seek abatement, brief on citation/contest process

Does OSHA give employers advance notice of an inspection?:

Does OSHA give employers advance notice of an inspection? OSHA Act prohibits advance notice Criminal offense $1,000 or 6 month jail term Exceptions: Imminent Danger/IH sampling All initial visits unannounced

Can an employer refuse entry?:

Can an employer refuse entry? Employers can require OSHA to present a warrant prior to entry OSHA must show ALJ just cause to enter OSHA must ensure inspection priorities have been satisfied Warrants can be enforced with U.S. Marshals, DOL-OIG, other law enforcement

What happens after an OSHA inspection?:

What happens after an OSHA inspection? Issue citation usually with penalties Employer must post copy at/near where violation occurred, 3 days or until corrected whichever is longer Issue Section 5(a)1 warning letter No citations issued

What is OSHA’s civil penalty structure?:

What is OSHA’s civil penalty structure? Willful – Max $70,000 – Min $5,000 Repeat – Max $70,000 – Min $5,000 Failure to Abate - $7,000/day Serious – Max $7,000 Other-than-Serious – Usually no penalty

Can employers appeal inspection results?:

Can employers appeal inspection results? Employers have right to contest citation, penalty, abatement or everything Must notify OSHA in writing within 15 working days upon receipt of citation Case can be settled informally at Area Office - Informal Conference Case docketed with OSHA Review Commission – hearing with ALJ

Does OSHA have a statute of limitations?:

Does OSHA have a statute of limitations? 6 months for civil proceedings Federal Criminal statute of limitations is 5 years, (conspiracy, false statements, obstruction, lying to a Federal official, etc)

Does OSHA have shutdown authority?:

Does OSHA have shutdown authority? OSHA Act does Not provide for that authority Under Section 13(a) can post Imminent Danger Notice Can petition the court for a Temporary Restraining Order Under Section 11(b) can seek District Court order to compel abatement

When is an employer required to notify OSHA of a workplace accident?:

When is an employer required to notify OSHA of a workplace accident? Workplace fatality 3 or more admitted to hospital Notification must be within 8 hours Failure to notify OSHA will result in a citation and penalty

Are employers required to preserve an accident scene per the OSH Act?:

Are employers required to preserve an accident scene per the OSH Act? OSHA Act doe Not provide for that authority OSHA offices usually get cooperation from local Police and Fire Departments OSHA can serve a subpoena to preserve evidence

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Recordkeeping and Reporting Employers of 11 or more employees must maintain records of occupational injuries and illnesses

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Recordkeeping Forms Maintained on a calendar year basis Summary of records for the previous year must be posted from February through April

Hot and emerging Issues?:

Hot and emerging Issues? Distracted Driving Hard-to-Reach Workers Ergonomics Heat Stress Chemical Safety and PELs Nano Technology Robotics

PowerPoint Presentation:

OSHA Emergency Hot-Line 1-800-321-OSHA Report workplace safety or health fatalities or the hospitalization of 3 or more employees Report a workplace hazard File a complaint about a workplace hazard Request information on OSHA Request an OSHA publication

Where to Get OSHA Standards:

Where to Get OSHA Standards Federal Register in public libraries or at GPO web site CD-ROM subscription through U.S. Government Printing Office (GPO) Code of Federal Regulations (CFR) in public libraries and through GPO OSHA web site - OSHA standards, interpretations, directives (www.osha.gov)

Contact Info - Sources of Assistance:

Contact Info - Sources of Assistance NYC Regional Office - Robert D. Kulick - 212-337-2378 Avenel Area Office – Patricia Jones - 732-750-3270 WWW.OSHA.GOV