The OSH Act

1. The OSH Act and History

2. Trainer Objectives • Provide students a frame of reference by discussing the history of worker safety, the need for safety regulations and the history of OSHA • Discuss major provisions of the OSHA act, and agency resources • Discuss other federal agencies covered under The ACT

3. Injuries Historical Perspectives • America faces serious concerns both abroad and at home • At the same time, occupational injuries and illnesses are increasing in both number and severity • Disabling injuries increased 20 percent during the decade,

4. Historical Perspectives • In pressing for prompt passage of workplace safety and health legislation, New Jersey Senator Harrison A. Williams Jr. said, • "The knowledge that the industrial accident situation is deteriorating, rather than improving, underscores the need for action now." • He called attention to the need to protect workers against such hazards as noise, cotton dust, and asbestos* *All are now covered by OSHA standards

5. Historical Perspectives • In the House, Representative William A. Steiger worked for passage of a bill: • "In the last 25 years, more than 400,000 Americans were killed by work-related accidents and disease. This has resulted in incalculable pain and suffering for workers and their families. Such injuries have cost billions of dollars in lost wages and production."

6. OSH Act of 1970 becomes Law • On December 29, 1970, President Richard M. Nixon signed The Occupational Safety and Health Act of 1970, also known as the Williams-Steiger Act in honor of the two men who pressed so hard for its passage

7. OSH Act of 1970 becomes Law • OSHA was created because of public outcry against rising injury and death rates on the job • Public Law 91-596; The OSH Act • The Act is comprised of 34 sections

8. Section 2 - Congressional Findings and Purpose • Worker injuries and illnesses impose a substantial burden on commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments • The Congress declares its 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 --

9. Section 2 - Congressional Findings and Purpose • Encourage employers to reduce workplace hazards; by implementing safety and health programs; • Provide for research in solving occupational safety and health problems

10. Section 2 - OSHA’S Purpose • Training programs for occupational safety and health personnel; • Mandatory job safety and health standards and enforce them effectively; • Employer recordkeeping and reporting requirements; • Provide for the development, evaluation and approval of state occupational safety and health programs

11. Section 4 - The Act’s Coverage • (a)Applies to employment performed in a workplace in a State, the District of Columbia and territories of the US • (b)(2) Supersedes many pre-existing Federal Laws

12. Section 4 - The Act’s Coverage • (b)(1) Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority

13. Federal Agency Coverage-Examples • Federal Railroad Administration (FRA): • OSHA covers facilities • FRA covers tracks, trains, etc.. • Federal Aviation Administration (FAA): • OHSA covers to the tarmac • FAA covers past the tarmac

14. Section 5 - Duties • (a) Each employer - • (1) Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards* that are likely to cause death or serious physical harm to his employees • (2) Shall comply with occupational safety and health standards promulgated under this Act.

15. Section 7 - Advisory Committees; Administration • (a)(2) Advise, consult with, and make recommendations to the Secretary and the Secretary of Health and Human Services on matters relating to the administration of the Act.

16. NACOSH • The 12-member NACOSH has two members representing management, two members representing labor, two members representing the occupational health professions, two members representing the occupational safety professions and four members representing the public. • The members serve two-year terms.

17. Section 8 - Inspections, Investigations & RecordkeepingSection 9 – CitationsSection 10 – EnforcementSection 11 - Judicial Review

18. Section 12 - Occupational Safety & Health Review Commission • Establishes membership and terms of Review Commission (OSHRC) • OSHRC acts independently of OSHA • The mission of the OSHRC is to provide fair and timely adjudication of workplace safety and health disputes between the Department of Labor and employers

19. Section 13 - Procedures to Counteract Imminent Dangers • Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger. • U.S. District Court Issues • Area Director requests through Solicitor of Labor • OSHA will: • Advise employer of imminent danger • Advise employees of rights • Petition Court for relief

20. Section 18 - State Plans • Rules to provide for States to assume responsibility for the development and enforcement of occupational safety and health in their own state

21. STATE PLAN STATES

22. Research and Related Activities Section 20 • Most OSHA research is carried out by the National Institute for Occupational Safety and Health (NIOSH), under the Department of Health and Human Services (HHS)

23. National Institute for Occupational Safety and Health - Section 22 • Establishes NIOSH as a part of HHS

24. NIOSH provides national and world leadership to prevent work-related illness, injury, disability, and death by gathering information, conducting scientific research, and translating the knowledge gained into products and services.

25. Strategic goals: • Conducting a focused program of research to reduce injuries and illnesses among workers in high-priority areas and high-risk sectors. • Implementing and maintaining a system of surveillance for major workplace illnesses, injuries, exposures, and health and safety hazards.

26. NCSWCL - Section 27 • To ensure adequate worker protection in the event of disabling work-related injuries and illnesses, the Act provides for the establishment of the National Commission on State Workman’s Compensation Laws

27. Amendments to The Act • Amended November 5, 1990 (Penalty Reform) • Amended July 16, 1998 (Codifies Consultation Program and prohibits OSHA from using penalty and citation quotas to evaluate enforcement officers) • Amended September 28, 1998 (Makes OSH Act applicable to U.S. Postal Service in same manner as any other employer)

28. CFR Part 1903 Inspections, Citations and Proposed Penalties

29. 1903.2 Postings, Availability of the Act, Regulations & Standards • Employers must post notice(s) provided by OSHA informing employees of the protections and obligations provided for in the Act and: • Posted in conspicuous location(s) • Not altered, defaced or covered IT’S THE LAW!

30. Standard Interpretations 07/21/1977 - OSHA's authority to take photographs during the course of an inspection • Taking photographs during the course of an inspection is a normal investigative tool used by our CSHO’s in order to support apparent violations of our standards.

31. 1903.7 Conduct of Inspections • CSHO follows company’s safety procedures • Precludes unreasonable disruption of work

32. 1903.8 Representatives of Employers & Employees • Representatives may accompany CSHO to aid in inspection • CSHO will consult with reasonable number of employees • Interference with CSHO’s inspection prohibited

33. 1903.11 Complaints by Employees • Employees may file written complaints to OHSA • Complaint shown to employer no later than inspection date • Employees can request anonymity • Employer retaliation is prohibited

34. 1903.12 Inspection not warranted; informal review • Area Director determines if reasonable grounds exist for inspections resulting from employee complaints • An informal review may be scheduled at the discretion of the Assistant Regional Director

35. Inspection Priorities

36. Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations Under the OSHAct (3/12/03 John Henshaw Memo) • The Enhanced Enforcement Policy includes: • High gravity willful violations; or • Multiple high gravity serious violations; or • High gravity repeat violations at the originating establishment; or • Failure-to-abate notices; or • A serious, willful, or repeat violation related to a fatality.

37. Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations (3/12/03 John Henshaw Memo) • OSHA has found that, for most employers, "on-site" abatement verification inspections at cited establishments are generally not an effective use of its resources. • Instead, under 29 CFR 1903.19, OSHA requires employers to submit documentation or certification that abatement has been achieved. • Only if the documentation is not submitted or is inadequate is an on-site follow-up inspection initiated.

38. Inspection Priorities • Imminent Danger,given top priority • Employees notify employer of imminent danger • If no action taken, notify OSHA

39. Inspection Priorities • Catastrophes and Fatal Accidents,given second priority

40. CPL 2.113 - Fatality Inspection Procedures - Directive • Fatalities and catastrophes shall be thoroughly investigated to attempt to determine the cause of the events, whether a violation of OSHA safety or health standards related to the accident has occurred and any effect the standard violation has had on the occurrence of the accident. • 1. Section 17(e) of the Act: criminal penalties for an employer who is convicted of having willfully violated an OSHA standard when the violation caused the death of an employee.

41. Inspection Priorities • Employee Complaints,Third priority • Referrals from employees & outside agencies of unsafe or unhealthful conditions • Informal review available for decisions not to inspect • Confidentiality is maintained on request

42. Inspection Priorities • Programmed High-Hazard Inspections,given fourth priority • Aimed at high hazard industries, occupations, or health substances • Selection criteria examples: • Death • LWII rates • Exposure to toxic substances

43. Failure to Abate Follow-up Inspections • Determines whether previously cited violations have been corrected. • “Notification of Failure to Abate”

44. Inspector’s Credentials • Inspection begins when CSHO arrives at facility • Displays credentials • Employers should always verify the identity of the CSHO by phoning the OSHA Area Office • United States Department of Labor ID including photo and serial number

45. Opening Conference • CSHO explains why facility was selected • Explains purpose of visit, inspection scope and applicable standards • Complaint copies distributed (if applicable) • Employee representative may be summoned

46. Inspection Tour • CHSO will point out unsafe conditions observed & possible corrective action if employer requests • Some violations can be corrected immediately, however, may still result in citation

47. Closing Conference • Discussion of problems, questions and answers • Discussion of recommended citations • Time needed for abatement • Only Area Director issues citations and assess $$$ amounts

48. 1903.14 Citations • Area Director reviews CSHO’s inspection report • Six month limit to issue citation following occurrence of alleged violation • Citations will describe particular violation of The Act, standards, etc..

49. Types of Violations • Other Than Serious Violation • Normally would not cause death or serious injury • Normally do not accompany fines • Adjusted downward as much as 95%, if fines are levied • Factors: • Good faith • History of violations • Size of business

50. Types of Violations • Serious Violation • High probability of death or serious harm • Mandatory fine, up to $ 7,000 • Adjusted downward: • Good faith • Gravity of alleged violation • Violation history • Size of business