![ 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.
17
Your Right to…](https://image.slidesharecdn.com/introtooshapresentation-230301163149-154cd051/85/intro_to_osha_presentation-ppt-17-320.jpg)
intro_to_osha_presentation.ppt
- 1. Introduction to OSHA 1-hour Lesson Directorate of Training and Education OSHA Training Institute
- 2. Lesson Overview Purpose: To provide workers with introductory information about OSHA Topics: 1. Why is OSHA important to you? 2. What rights do you have under OSHA? 3. What responsibilities does your employer have under OSHA? 4. What do the OSHA standards say? 5. How are OSHA inspections conducted? 6. Where can you go for help? 2
- 3. OSHA began because, until 1970, there were no national laws for safety and health hazards. On average, 15 workers die every day from job injuries Over 5,600 Americans die from workplace injuries annually Over 4 million non-fatal workplace injuries and illnesses are reported 3 Topic 1: Why is OSHA Important to You?
- 4. Discussion Questions When, during your work experience, did you first hear about OSHA? What did you think about OSHA then? What do you think OSHA’s job is? 4
- 5. OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor OSHA’s responsibility is worker safety and health protection 5 History of OSHA
- 6. The Occupational Safety and Health Act of 1970 – 29 USC 653 Signed into law on December 29, 1970 by Richard M. Nixon. Act established OSHA (Occupational Safety and Health Administration), and its responsibility to provide worker safety and health protection.
- 7. OSHA’s Mission The mission of OSHA is to save lives, prevent injuries and protect the health of America’s workers. Some of the things OSHA does to carry out its mission are: ◦ developing job safety and health standards and enforcing them through worksite inspections, ◦ maintaining a reporting and recordkeeping system to keep track of job-related injuries and illnesses, and ◦ providing training programs to increase knowledge about occupational safety and health. 7
- 8. Why was OSHA necessary? What is OSHA’s mission? Why is this training important? 8
- 9. Topic 2: What Rights Do You Have Under OSHA? You have the right to: ◦ A safe and healthful workplace ◦ Know about hazardous chemicals ◦ Information about injuries and illnesses in your workplace ◦ Complain or request hazard correction from employer ◦ Training ◦ Hazard exposure and medical records ◦ File a complaint with OSHA ◦ Participate in an OSHA inspection ◦ Be free from retaliation for exercising safety and health rights 9
- 10. Worker Rights Handout #2: OSHA Poster Have you seen this poster at your place of work? Creation of OSHA provided workers the right to a safe and healthful workplace 10
- 11. The creation of OSHA provided workers the right to a safe and healthful workplace. 11 Your Right to… 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."
- 12. The OSHA Act Establishes specific responsibilities to Employer Establishes specific responsibilities to Employees
- 13. OSHA Act Coverage Cont… It does not cover self-employed persons Farms at which only immediate family members are employed Workplaces already protected by other govt agencies under other federal laws
- 14. OSHA Coverage Activity 14 Covered by OSHA? Worker YES NO 1. Harry Adams, a miner at Below Ground Inc. YES NO 2. Adrian Smith, one of 3 employees of ABC landscaping. YES NO 3. Taylor Dell, an accountant in business for herself. YES NO 4. Rob Jones, one of 10 carpenters working for Woody, Inc.
- 15. Employers must have a written, complete hazard communication program that includes information on: 15 Your Right to… Container labeling, Safety Data Sheets (SDSs), and Worker training. The training must include the physical and health hazards of the chemicals and how workers can protect themselves; including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment.
- 16. OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses. 16 Your Right to… 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).
- 17. 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. 17 Your Right to…
- 18. Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow. 18 Your Right to… Some required training covers topics such as, lockout-tagout, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, along with a variety of other subjects.
- 19. 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. 19 Your Right to…
- 20. 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. 20 Your Right to…
- 21. Employee representative can accompany 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 concern you have about a safety or health issue. Workers can find out about inspection results, abatement measures and may object to dates set for violation to be corrected. 21 Your Right to…
- 22. 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. 22 Your Right to…
- 23. What does an SDS tell you? What are some worker rights related to injury and illness reporting? Name some standards or hazards where workers must be trained. 23
- 24. Provide a workplace free from recognized hazards and comply with OSHA standards Provide training required by OSHA standards Keep records of injuries and illnesses Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records Not discriminate against workers who exercise their rights under the Act (Section 11(c)) Post OSHA citations and abatement verification notices Provide and pay for PPE 24
- 25. Employers are Required to: KEEP RECORDS OF INJURIES AND ILLNESSES 25 REPORTING AND RECORDING CHECKLIST Employers must: Report each worker death Report each in-patient hospitalization, amputation, or eye loss Maintain injury & illness records Inform workers how to report an injury or illness to the employer Make records available to workers Allow OSHA access to records Post annual summary of injuries & illnesses
- 26. Handout #6: OSHA 300 Log Number of workers that are getting injured or ill The types of injuries and illnesses reported The jobs and departments where the most severe injuries or illnesses are occurring 26
- 27. Employers are Required to: PROVIDE AND PAY FOR PPE Handout #7: Employers Must Provide and Pay for PPE Does anyone wear personal protective equipment on their job? Employers are required to determine if PPE should be used to protect their workers. Rule was effective on February 13, 2008 and implemented by May 15, 2008. 27
- 28. What are some of the responsibilities employers have related to OSHA recordkeeping? Which section of the OSH Act prohibits employers from discriminating against workers for exercising their safety and health rights? What are some types of PPE that employers must pay for? 28
- 29. Topic 4: What do the OSHA Standards Say? OSHA standards fall into four categories: General Industry, Construction, Maritime, and Agriculture. OSHA issues standards for a wide variety of workplace hazards Where there are no specific OSHA standards, employers must comply with The General Duty Clause, Section 5(a)(1) 29
- 30. Click: Most Frequently Cited (MFC) Standards to view current data To search MFC data on this webpage: “Select number of employees in establishment,” select ALL or one of the options listed “Federal or State Jurisdiction,” select Federal or, from the dropdown menu, a specific state “SIC,” select ALL for all Industry groups, C for Construction, D for Manufacturing (General Industry), or 373 and 449 for Maritime Shown are search results for: All sizes of establishments, in Federal jurisdiction, with Construction SIC codes 30 Most Frequently Cited Standards
- 31. Handout #8b: Construction What is the Subpart for Fall Protection? What is the Subpart for Fire Protection and Prevention? What topic does 1926, Subpart K cover? 31
- 32. What are the OSHA Construction standards also called? What are the General Industry standards also called? What are 29 CFR Parts 1915, 1917 and 1918 referred to as? 32
- 33. The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times. OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger) In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term. 33
- 34. Priority Category of Inspection 1st Imminent Danger: Reasonable certainty an immediate danger exists 2nd Fatality/Catastrophe: Reported to OSHA; inspected ASAP 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. 34
- 35. VIOLATION TYPE PENALTY WILLFUL A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $156,259 for each willful violation. SERIOUS A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. There is a mandatory penalty for serious violations which may be up to $15,625. OTHER-THAN-SERIOUS A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may propose a penalty of up to $15,625 for each other-than-serious violation. REPEATED A violation that is the same or similar to a previous violation. OSHA may propose penalties of up to $156,259 for each repeated violation. 35
- 36. Give an example of a reason why OSHA would conduct an inspection at your workplace. What are the types of OSHA violations? 36
- 37. Sources within the workplace/worksite Sources outside the workplace/worksite How to file an OSHA complaint 37
- 38. Employer or supervisor, co-workers and union representatives Safety Data Sheet (SDS) for information on chemicals Labels and warning signs Employee orientation manuals or other training materials Work tasks and procedures instruction 38
- 39. OSHA website: http://www.osha.gov and OSHA offices (you can call or write) Compliance Assistance Specialists in the area offices National Institute for Occupational Safety and Health (NIOSH) – OSHA’s sister agency OSHA Training Institute Education Centers Doctors, nurses, other health care providers Public libraries Other local, community-based resources 39
- 40. Handout #11: Identifying Safety and Health Problems in the Workplace Review handout to become more aware of workplace hazards Discuss if anyone has discovered safety and/or health problems in the workplace/site 40
- 41. Download the OSHA-7 form from OSHA’s website File the complaint online ◦ Workers can file a complaint ◦ A worker representative can file a complaint Telephone or visit local regional or area offices to discuss your concerns Complete the form – be specific and include appropriate details OSHA determines if an inspection is necessary Workers do not have to reveal their name 41
- 42. Handout #12b: Construction Each group reviews the handout and discusses the industry-specific scenario Groups need to determine what information would be important to include in their complaint Have the class discuss the group’s results: ◦ What was included in the complaint? ◦ What was added to the complaint? 42
- 43. What are some resources inside the workplace that will help you find information on safety and health issues? What are some resources outside the workplace that will help you find information on safety and health issues? 43
- 44. This lesson covered: The importance of OSHA, including the history of safety and health regulation leading to the creation of OSHA and OSHA’s mission; Worker rights under OSHA; Employer responsibilities; OSHA standards; OSHA inspections; and Safety and health resources, including how to file a complaint. 44
- 45. Inspection Authorization Section 8 of the OSHA Act ◦ OSHA, either through a neutral selection process or with just cause, may enter a work place and inspect…………...
- 46. Right of Entry Employer has a right to demand a warrant. Failure to demand a warrant means consent to the inspection. If you do not demand a warrant and receive citations, you cannot raise this as a defense.
- 47. Employer’s Rights Employers have the right to representation during inspection. The representative may question acts and comments of the inspector.
- 48. Employee’s Rights Employees have the right to representation during the inspection. Employees may answer questions regarding the inspection without fear of punitive actions by the employer.
- 49. Reasons for Inspections Programmed/Scheduled Inspection Formal Complaint Referral from other agencies Accident Investigation Special Emphasis/Imminent Danger Follow-up of previous inspection
- 50. Focused Inspection The CSHO will attempt to determine if: ◦ A Safety Program is in place and administered by the “Controlling Contractor.” ◦ There is a Designated Competent Person responsible for the project safety and health program?
- 51. Opening Conference Held with representatives from all on-site contractors. A CSHO may wait for an employer’s designated representative to reach the site. Absent the need for a warrant, the Compliance Officer will begin the opening conference.
- 52. The CSHO’s Responsibilities Present identification and state the purpose of the visit. State the nature of the inspection. State the approximate length of time required. May request copies of safety programs, accident reports, and inspection surveys.
- 53. Inspection The CSHO may take video, photographs, samples of material and measurements. The CSHO may interview employees. He may not unduly disrupt work. Air Monitoring
- 54. Employer’s Inspection Do’s Have a plan to handle an OSHA inspection. Get proper representation for the inspection. Record where the CSHO goes, what they look at, who they talk to, etc.
- 55. Employer’s Inspection Do’s (Cont.) Take the same video or photo or record them. Immediately correct any definite violation. Interview employees who are interviewed by the CSHO.
- 56. Inspection Don’ts Do not harass, threaten, or intimidate the CSHO. Do not admit responsibility for a hazard created by others. Do not allow the CSHO to expand the scope of the inspection without cause.
- 57. Inspection Don’ts (Cont.) Do not volunteer unnecessary information. Do not permit unneeded employees to linger near the inspection party.
- 58. Closing Conference At the completion of the inspection, the CSHO will either hold a general meeting or meet with each individual employer. The “Controlling Contractor” should attempt to attend all meetings for the purpose of recording each employer’s alleged violations.
- 59. Closing Conference Procedures The CSHO should: ◦ Inform all contractors of apparent violations. ◦ Explain the citation process. ◦ Discuss citation abatement responsibilities and options.
- 60. Citations Citations and notice of penalty will be sent by certified mail. You must post copies of citations at the area cited. Postings must remain for three working days or until corrections have been made, whichever is longer. You must notify OSHA of abatement.
- 61. OSHA Citation Types Di Minimis (No penalty) Other than Serious ($0 to $7,000) Serious ($1,500 to $7,000) Repeat (2 to 10 times proposed penalties) Willful ($5,000 to $70,000) Egregious Multi-employer
- 62. Penalties Reductions Size Adjustment Factor ◦ 60% for employers with 1 to 25 workers ◦ 40% for employers with 26 to 100 workers ◦ 20% for employers with 101 to 250 workers Good Faith Adjustment ◦ Up to an additional 25 percent reduction. History Adjustment ◦ 10 percent reduction
- 63. Abatement Violations immediately abated require no abatement certification. A letter must be furnished to verify abatement has been accomplished by the required date. Abatement plans, must be documented and progress reported.
- 64. Resolving a Citation OSHA OSHA may offer an expedited settlement. You have 15 business days from receipt of a citation to resolve it. After 15 working days you automatically accept the citation and must pay the penalty.
- 65. Informal Conference You can schedule an informal conference with the Area Director to attempt to resolve the citations. Must occur within the 15 day period (OSHA) If you are not satisfied with the result you have the right to formally contest.
- 66. Goals at Informals Get citations DELETED Get classification & penalty reductions Agree on abatement issues Learn what evidence OSHA has that can be defended in a contest.
- 68. Contesting a Citation Formal contest is by letter to the Area Director. A hearing will be scheduled before an Administrative Law Judge. At this point you should consider having legal representation to protect your interests.
- 69. Appealing a Judges Decision If the ALJ rules against you, it is your right to appeal to the OSHA Review Commission. After that you can appeal to the local circuit of the Supreme Court.
- 70. OSHA Multi-employer Citation Policy OSHA may cite “Controlling Contractors” on multi-employer worksites, for violations not created directly by the “Controlling Contractor.” Other employers may also be cited, whether or not their own employees are exposed.
- 71. Controlling Contractor The entity that is responsible for overall site coordination, scheduling, etc. It may be a general contractor, a construction manager or some cases of multiple prime contracting, the owner or owner’s representative.
- 72. OSHA May Cite If: Employees are exposed to a hazard. They created the hazard. They had the responsibility or the authority to correct the hazard. They knew of a hazard and did not inform others.
- 73. The Creating Employer The employer who actually creates the hazard. IE. The contractor who took the guardrails down and did not protect the hazard.
- 74. The Exposing Employer The employer whose employees are exposed to the hazard. IE. The contactor whose employees were exposed to a fall as a result of the guardrails being down.
- 75. The Correcting Employer The employer who has the responsibility for actually correcting the hazard IE. The contractor who had responsibility to maintain the guardrails.
- 76. Multiple Roles The same contractor may perform multiple rolls. IE. The GC is controlling, they have the responsibility to maintain the guardrails and they did not either do it or assure that it was done.
- 77. Defense of M/E Citations Prove that even with due diligence, you were unaware of the hazard. Show that you have informed the offending employer of the hazard, that you expect it corrected and that you have followed up on your request. Show that you protected your employees until the hazard was corrected.
- 78. Federal and State OSHA The OSH Act covers employers and employees either directly through federal OSHA or through an OSHA approved state program. 24 States, plus Puerto Rico and the Virgin Islands have approved programs.
- 80. Thank You!
Editor's Notes
- #2: 02.12.10
- #7: This created OSHA, the agency, which formally came into being on April 28, 1971
- #13: Each Employer: 1. shall furnish each of his employees, both employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm. 2. shall comply with occupational safety and health standards promulgated under the actB. Each Employee: Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
- #14: The self-employed. Immediate members of farming families on farms that do not employ outside workers. Employees whose working conditions are regulated by other federal agencies under other federal statutes. These include mine workers, certain truckers and transportation workers, and atomic energy workers. Public employees in state and local governments; some states have their own occupational safety and health plans that cover these workers.
- #80: The OSH Act covers all private-sector employers and their employees in the 50 states and all territories and jurisdictions under federal authority. Those jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Johnston Island, the Canal Zone, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act.