Introduction to OSHA and the Act

1
Introduction to OSHA and the Act

• MODULE 3

2
The Need for Legislation

• Workplace injuries and illnesses increasing
  throughout the 1960s
• Need for more comprehensive and uniform
  protection of nations workers
• Size of national workforce increasing
• Congressional hearings on worker safety were held

3
The Need for Legislation

• In 1970, Congress considered these figures
• 14,000 worker deaths
• 2.5 million workers disabled
• 300,000 new occupational disease cases

4
Public Law 91-596 Enacted

• Occupational Safety and Health Act signed by
  President Nixon on December 29th 1970
• Effective April 29, 1971

5
Public Law 91-596

• Occupational Safety and Health Act of 1970, also
  called
• OSHA Act
• OSH Act
• 34 sections
• Amended
• 1990
• 1998
• 2001

6
Purpose of the Act

• ". . . 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."

7
Three Agencies Established

• Occupational Safety and Health Administration
  (OSHA)
• National Institute for Occupational Safety and
  Health (NIOSH)
• Occupational Safety and Health Review Commission
  (OSHRC)

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Section 2 - OSHAS Purpose

• Reduce workplace hazards
• Implement new or improve existing safety and
  health programs
• Provide for research in solving occupational
  safety and health problems

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Section 2 - OSHAS Purpose

• Establish employer and employee responsibilities
  for safety and health conditions.
• Build on employer/employee safety and health
  initiatives.
• Focus on occupational health to prevent diseases
  occurring in the work environment.

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Section 2 - OSHAS Purpose

• Establish training programs to increase the
  number and competence of occupational safety and
  health personnel
• Develop mandatory job safety and health standards
  and enforce them effectively
• Develop recordkeeping and reporting requirements

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Section 2 - OSHAS Purpose

• Provide for the development, analysis, evaluation
  and approval of state occupational safety and
  health programs.

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Section 3 - Definitions

• As defined by the Act, an employer is any "person
  engaged in a business affecting commerce who has
  employees, but does not include the United States
  or any State or political subdivision of a
  State."

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Section 4 - The Acts Coverage

• Coverage of the Act extends to all 50 states, and
  the District of Columbia
• Includes all territories under Federal
  jurisdiction
• Coverage provided either directly by federal OSHA
  or through an OSHA-approved state program.
• Replaces some previously established federal
  laws.

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Section 4 - The Acts Coverage

• Manufacturing
• Construction
• Longshoring
• Agriculture

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Not Covered

• Self-employed persons (incl. homeowners)
• Farms on which only immediate members of the farm
  employer's family are employed
• Working conditions regulated by other federal
  agencies under other federal statutes.
• If they have safety and health rules and
  execute authority over their rules

16
Federal Agency Coverage-Examples

• Federal Railroad Administration (FRA)
• OSHA covers facilities
• FRA covers tracks, trains, etc..
• Federal Aviation Administration (FAA)
• OSHA covers to the tarmac
• FAA covers past the tarmac

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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.
• 5(a)(1) Known as General Duty Clause

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General Duty Clause

• Applies where OSHA has not passed specific
  standards
• Employer must protect employees from recognized
  hazards likely to cause death or serious harm
• Industry and consensus standards
• Common safe practices
• Hazards recognized by similar employers
• Manufacturer requirements or manuals

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Section 5 - Duties

• (b) Each employee shall comply with occupational
  safety and health standards and all rules,
  regulations, and orders issued pursuant to the
  Act which are applicable to his own actions and
  conduct.

20
Provisions for Federal Employees

• Federal agency heads responsible for providing
  safe and healthful working conditions for their
  employees.
• Act requires agencies to comply with standards
  consistent with those OSHA issues.

21
Provisions for Federal Employees

• No OSHA penalties levied against another
  federal agency for failure to comply with OSHA
  standards (Exception U.S. Postal Service
  enacted 1998).
• Compliance issues at federal agencies are
  resolved internally to that agency
• Federal agency safety responsibilities are
  described in Section 19 of the Act.

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Provisions for State Local Governments

• OSHA provisions do not apply to state and local
  governments
• States desiring to gain OSHA approval for a
  private sector occupational safety and health
  program must provide a program that also covers
  state and local government workers.

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State Plan States
State Plan States AK, AZ, CA, CT, HI, IN, IA,
KY, MD, MI, MN, NV, NJ, NM, NY, NC, OR, PR, SC,
TN, UT, VT, VI, VA, WA, WY
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Provisions for State Local Governments

• State plans may also cover only public sector
  employees (city, municipal, state)
• Twenty-three states and territories operate plans
  covering both the public and private sectors.
• Three states CT, NJ, and NY - operate public
  employee only plans.

CT
NY
NJ
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Section 6 - Occupational Safety and Health
Standards

• Secretary of Labor, for first two years after
  Acts promulgation, could adopt any established
  Federal or consensus standard which would result
  in improved employee safety and health
• It is the responsibility of the employer to
  become familiar with standards that apply to
  their establishments

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Section 6 - Occupational Safety and Health
Standards

• (6)(a) OSHA given authority to promulgate
  start-up standards without rulemaking
• (6)(b) Rulemaking procedure
• (6)(c) Emergency temporary standards
• (6)(d) Variances

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Section 7 - Advisory Committees Administration

• 7(a)(1) Establishes National Advisory Committee
  on Occupational Safety and Health
• The Committee shall advise, consult with, and
  make recommendations to the Secretary
• NACOSH meets at least twice per year

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Section 8 - Inspections, Investigations
Recordkeeping

• 8(a) OSHA representatives are authorized to
• (1) enter without delay
• (2) inspect during regular working hours and at
  reasonable times and to question privately
  employers and employees
• 8(b) OSHA has subpoena power
• 8(c) OSHA requires recordkeeping
• 8(f) Employees right of complaint

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Section 9 - Citations

• 9(a) If an employer violates Section 5 of Act or
  any standard, rule or order related to Section 6,
  a citation may be issued.
  Each citation will
• Be in writing
• Describe the particular violation
• Set a reasonable abatement period
• 9(b) Posting of citations
• 9(c) Time limit - 6 months to issue citation

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Section 10 - Enforcement

• 10(a) Employers right of contest
• Citations can be contested up to the Occupational
  Safety and Health Review Commission (OSHRC), an
  independent quasi-judicial branch of the
  Department of Labor
• 10(c) Employees right of contest of abatement
  dates

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Section 11 - Judicial Review

• 11(a) Appeals review of Commission order
• 11(c) Prohibits discrimination against employees
  filing complaints under OSHA, or for disclosing
  safety and health issues concerning the workplace

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Section 12 - Occupational Safety Health Review
Commission

• Establishes membership and terms of Review
  Commission (OSHRC)
• OSHRC acts independently of OSHA
• http//www.oshrc.gov

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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 District Court for relief

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Section 17 - Penalties

• Penalties were increased in 1990
• Willful repeated violations to a maximum of
  70,000
• Minimum 5,000 willful
• Serious other than serious to 7,000
• Failure to abate to a maximum of 7,000 for each
  day violation continues (up to 30 day max.)

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Section 18 - State Plans

• States may regulate anything OSHA does not
• State plans must be approved by OSHA to regulate
  anything OSHA does
• Must be at least as effective as federal
  standards

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Section 18 - State Plans

• Approved state plans can receive funding up to
  90 of budget
• Penalty proceeds collected via state programs
  remain in that state

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Section 19 - Federal Agency Programs
Responsibilities

• Federal agencies (exception Post Office) are
  required to establish their own safety and health
  programs consistent with OSHA.
• Require the use of safety equipment PPE as
  necessary to protect employees
• Keep accident and illness records
• Establish rules consistent with OSHA
• Executive Order 12196 further defines the
  responsibilities of Federal Agencies.

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Section 20 - Research and Related Activities

• Most OSHA research is carried out by the National
  Institute for Occupational Safety and Health
  (NIOSH), under Department of Health and Human
  Services (HHS)
• Secretary of HHS confers with Secretary of Labor
  and conducts research on occupational safety and
  health problems

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Section 21 - Training and Employee Education

• Training and education responsibilities are
  shared by the Department of Labor (DOL) and HHS
• Training is authorized directly or through grants

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Section 22 - National Institute for Occupational
Safety and Health

• Establishes NIOSH as a part of HHS

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Section 24 - Statistics

• DOL is authorized to collect and analyze
  statistics of occupational fatalities, injuries,
  and illnesses.
• Data is collected and compiled by the Bureau of
  Labor Statistics (BLS).

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Section 27 - NCSWCL

• Establishment of the National Commission on State
  Workmans Compensation Laws to ensure adequate
  worker protection in the event of disabling
  work-related injuries and illnesses

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Historic Progress

• A total of 5,915 fatal work injuries were
  recorded in 2000,
• A decline of about 58 percent from 1970,
  according to the Census of Fatal Occupational
  Injuries, conducted by the Bureau of Labor
  Statistics, U.S. Department of Labor.