Introduction To OSHA Third Shift Poultry Worker Train-The-Trainer

1. Introduction To OSHAThird Shift Poultry Worker Train-The-Trainer Paul Schlumper, P.E., CSP Georgia Tech Research Institute

2. Introduction to OSHA

3. Need for Legislation • In 1970, Congress considered these annual figures: • Job-related accidents accounted for more than 14,000 worker deaths • Nearly 2-1/2 million workers were disabled • Estimated new cases of occupational diseases totaled 300,000

4. Is there a need for OSHA Today? Each year... • About 6,000 deaths from workplace injuries • An estimated 50,000 deaths from illnesses cause by workplace exposures • 6 million non-fatal workplace injuries • Injuries alone cost U.S. businesses more than $125 billion

5. Do we need OSHA?

6. Has OSHA made a difference? YES! Since 1970 OSHA has: • Cut the work-related fatality rate in half • Reduced overall injury and illness rates in industries where OSHA concentrated its attention • Virtually eliminated brown lung disease in the textile industry, and • Reduced trenching and excavation fatalities by 35 percent

7. What is OSHA? • Occupational Safetyand Health Administration • Responsible for worker safety and health protection

8. Statistics • 1971 – 14,000 Work-related fatalities • 56 million workers • 3.5 million workplaces • 2001 – 5,900 Work-related fatalities • 114 million workers • 7 million workplaces • 2004 – 5,703 Work-related fatalities • 115 million workers • 7.2 million workplaces • Fatalities have been reduced by 59%

9. OSH Act of 1970 • PURPOSE: • " . . . to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources."

10. OSHA's Purpose • Encourage employers and employees to reduce workplace hazards and implement new or improve existing S&H programs • Provide for research in occupational S&H • Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses • Establish occupational S&H training programs • Develop and enforce mandatory job S&H standards • Provide for development and approval of state occupational S&H programs

11. The Act's Coverage • Extends to all employers and their employees in the 50 states, District of Columbia, Puerto Rico, and all other territories under Federal Government jurisdiction • Coverage provided either directly by federal OSHA or through an OSHA-approved state program • Employer defined as any "person engaged in a business affecting commerce who has employees, but does not include the United States (except for the U.S. Postal Service) or any State or political subdivision of a State“ • Does not cover the self-employed or immediate members of farm families that do not employ outside workers

12. Federal Employees • Federal agency heads must operate comprehensive occupational S&H programs to ensure compliance with OSHA standards • OSHA cannot impose monetary penalties against another federal agency • Compliance issues at local level are raised to higher organizational levels until resolved

13. State and Local Governments • OSHA provisions do not apply to state and local governments in their role as employers • Any state seeking OSHA approval for its own S&H program must provide coverage for these employees • State plans may also cover only public sector employees

14. What does OSHA require? • Determine which OSHA standards apply to your workplace • Follow the OSHA standards and requirements

15. What are employers’ rightsand 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 also provide training, medical examinations and recordkeeping

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

17. What are workers’ rights? • Workers have a vital role to play in identifying and correcting problems in their workplaces, working with their employers whenever possible • Workers can complain to OSHA about workplace conditions threatening their health or safety in person, by telephone, by fax, by 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 (see OSHA’s Workers’ web page for more information)

18. OSHA’s Workers’ Page

19. Standards • OSHA is responsible for promulgating legally enforceable standards • Where OSHA has not promulgated specific standards, employers are responsible for following the Act's General Duty Clause • States with OSHA-approved programs must set standards at least as effective as federal standards

20. General Duty Clause • Each employer "shall furnish . . . a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

21. Categories of Standards • General Industry • Construction • Maritime • Agriculture

22. Where to Get OSHA Standards • Federal Register in public libraries or at the 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)

23. Standards Development • OSHA can begin standards-setting procedures on its own, or in response to petitions from other parties, including: • Secretary of Health and Human Services (HHS) • National Institute for Occupational Safety and Health (NIOSH) • State and local governments • Nationally recognized standards producing organizations • Employer or labor representatives • Any other interested person

24. Standards Adoption • Advance Notice of Proposed Rulemaking (Optional) • Notice of Proposed Rulemaking • terms of new rule • provide specific time (30 days min.) for public to respond • Public hearing (may be requested by interested parties) • Final rule published in Federal Register

25. Emergency Temporary Standard (ETS) • OSHA is authorized to set an ETS that takes effect immediately if OSHA determines that: • Workers are in grave danger due to exposure to toxic or physically harmful substances • ETS is needed to protect them • ETS is published in Federal Register, where it also serves as a proposed permanent standard • ETS then subject to usual procedure for adopting a permanent standard except that a final ruling must be made within six months

26. Appealing a Standard • Any person who may be adversely affected by a final or emergency standard may file a petition (within 60 days of the rule's promulgation) for judicial review with the U.S. Court of Appeals. • Appeals petition will not delay enforcement of a standard, unless the Court of Appeals specifically orders it.

27. Temporary variance may be granted to an employer who cannot comply with a standard by its effective date due to unavailability of personnel, materials or equipment, or because necessary construction or alteration of facilities cannot be completed in time.Permanent variance (alternative to a particular requirement or standard) may be granted to employers who prove their abatement plan will provide a safe and healthful workplace as effectively as would compliance with the standard. • Variances

28. Recordkeeping and Reporting • Employers of 11 or more employees must maintain records of occupational injuries and illnesses as they occur. • Employers with 10 or fewer employees are exempt from recordkeeping unless selected by BLS to participate in the Annual Survey. • Certain low-hazard employers (e.g., retail trade, finance, insurance, real estate) are not required to keep records. • All employers must comply with OSHA standards, display the OSHA poster, and report to OSHA within 8 hours any accident that results in a fatality or hospitalization of 3 or more employees.

29. Recordkeeping Forms • Maintained on a calendar year basis • Must be maintained for 5 years at the establishment and be available for inspection • Summary of records for the previous year must be posted from February through April • Must be certified by the highest ranking official working at the establishment.

30. Workplace Inspections • Every establishment covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers (CSHO's) • Most inspections are conducted without advance notice

31. Inspection Priorities 1. Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures) 2. Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees) 3. Employee Complaints/Referrals 4. Programmed High-Hazard Inspections

32. Inspection Process • CSHO displays official credentials • Opening conference • Walkaround inspection • Closing conference

33. Conducting the Walkaround Inspection • CSHO and accompanying representatives (employer and employee) inspect the establishment for potentially hazardous working conditions • CSHO discusses possible corrective actions with the employer • CSHO may consult, at times privately, with employees

34. What happens after an OSHA inspection? • OSHA may or may not issue citations • Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement • Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer

35. Citations and Penalties • After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed • Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement • Citations and notices of proposed penalties are sent by certified mail • Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation abated, whichever is longer

36. Types of Violations • Other Than Serious • Serious • Willful • Repeated

37. Other Than Serious Violation • Violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm • Penalty of up to $7,000 is discretionary

38. Serious Violation • 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 • Penalty of up to $7,000 is mandatory

39. Willful Violation • An intentional violation of the Act or plain indifference to its requirements • Penalties of up to $70,000, with a minimum penalty of $5,000 for each violation • If violation results in death of an employee, a fine up to $250,000 for an individual, or $500,000 for a corporation, and/or imprisonment for up to six months may be imposed for a criminal conviction

40. Repeated Violation • Substantially similar violation found upon reinspection • Penalties of up to $70,000 for each violation

41. Additional Violations • Falsifying records, reports or applications can bring a fine of $10,000 or up to 6 months in jail, or both. • Violations of posting requirements can bring a penalty up to $7,000. • Assaulting a compliance officer or interfering with their duties is a criminal offense, subject to fine of not more than $5,000 and imprisonment for not more than 3 years.

42. Failure to Abate • Failure to abate a prior violation may bring a penalty of up to $7,000 for each day the violation continues beyond the prescribed abatement date.

43. Appeals by Employees • If an inspection was initiated by employee complaint, employee or authorized representative may request an informal review of any decision not to issue a citation • Employees may not contest citations, amendments to citations, penalties or lack of penalties • May contest time for abatement • May also contest employer's Petition for Modification of Abatement (PMA), which requests an extension of the abatement period

44. Appeals by Employers • When issued a citation or notice of proposed penalty, employer may request an informal meeting with OSHA's area director, who is authorized to enter into settlement agreement • Employer may request an extension of abatement period through a PMA • Employers may contest either the citation, abatement period, or proposed penalty within 15 working days of receipt through a written "Notice of Contest"

45. OSHA-Approved State Programs • OSH Act encourages states to develop and operate, under OSHA guidance, state job S&H plans • OSHA funds up to 50 percent of approved program's cost • Must be at least as effective as the federal program • Must cover state and local government employees • May limit coverage to public sector • Must keep pace with federal standards

46. Strategic Management Plan • Goal 1: Reduce occupational hazards through direct intervention • Goal 2: Promote a safety and health culture through compliance assistance, cooperative programs, and strong leadership • Goal 3: Maximize OSHA effectiveness and efficiency by strengthening our capabilities and infrastructure

47. OSHA’s Strategic Management Plan • By 2008 reduce the rates of workplace fatalities by 15% and workplace injuries and illnesses by 20%

48. Region IV and National Emphasis Programs Of 38,579 inspections conducted by OSHA in FY06, 18,895 were related to LEP’s • Falls in Construction • Overhead Power Lines • Landscaping • Sanitation in Meatpacking, Poultry and Fish Processing • Power Industrial Trucks • Amputations in Construction and Manufacturing • Silica • National Emphasis Program on Trenching

49. Most Frequently Cited Serious Violations in General Industry FY 2006 Machine Guards - General Hazard Communication – Written Program Point of Operation Open-Sided Floors Hazard Communication – Information & Training Eye & Body Flushing Facilities Lockout/Tagout - Program Grinders-Tongue Guards Lockout/Tagout - Procedures Conductors Entering Cabinets/Boxes/Fittings Protected from Abrasion Note: There were also 1222 Section 5(a)(1) General Duty Clause violations cited for all inspections during this period.

50. Most Frequently Cited Serious Violationsin Construction – FY 2006 Fall protection - Unprotected sides & edges Fall protection – Residential construction 6’ or more Head protection Scaffolds - Fall protection Aerial lifts – Body belt & lanyard Standard & Subpart - 1926. Fall hazards training program Scaffolds - Access - - Portable ladders 3 feet above landing surface Scaffolds - Platform construction Employee training programs There were also 362 Section 5(a)(1) violations cited in construction SIC codes (1500 – 1799) during this period.