1910 Subpart A General

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INTRODUCTION TO OSHA
(OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION)
TITLE 29 CFR PART 1910
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Your InstructorRick Steffen
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1910 Subpart A - General

• General Industry Standards

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Definitions
Act Assistant Secretary of Labor Employer Employee
Commerce Standard National consensus
standard Established Federal standard
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What is OSHA?

• Occupational Safetyand Health Administration
• Responsible for worker safety and health
  protection

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Is there a need for OSHA?
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

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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

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What does OSHA do?

• Encourages employers and employees to reduce
  workplace hazards and implement new or improve
  existing safety and health 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?

• All employees and their employers under Federal
  Government authority
• Coverage provided either 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

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BY Assisting and Encouraging the States in their
Efforts to Assure Safe and Healthful Conditions
OSHA
STATE
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OSHA Standards

• OSHA is responsible for writing and enforcing
  standards that employers must follow
• Where OSHA has not issued specific standards,
  employers are responsible for following the OSH
  Act's General Duty Clause
• States with OSHA-approved programs must set
  standards at least as effective as federal
  standards

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What does OSHA require?

• Determine which OSHA standards apply to your
  workplace
• Follow the OSHA standards and requirements

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Recordkeeping and Reporting

• Employers of 11 or more employees must maintain
  records of occupational injuries and illnesses
• All employers must report to OSHA within 8 hours
  any accident that results in a fatality or
  in-patient hospitalization of 3 or more employees

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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

OSHA 300 form
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What are workers responsibilities?

• Read the OSHA poster
• Follow the employers 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

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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 OSHAs 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

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OSHAs Workers Page
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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

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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

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Inspection Process

• CSHO displays official credentials
• Opening conference
• Walk around inspection
• Closing conference

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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

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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

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Sources of Assistance

• OSHA web site (www.osha.gov)
• Consultation assistance
• Federal and State area offices
• Speakers, publications, a/v aids, technical
  advice
• Training and education
• OSHA Training Institute (OTI) and the OTI
  Education Centers
• OSHA Outreach Training Program
• OSHA Office of General Industry Compliance
  Assistance
• OSHA Office of State Programs
• Voluntary Protection Programs

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OSHA Web Site(www.osha.gov)

• About OSHA (contacts, programs . . .)
• Events (conferences, hearings . . .)
• Library/Reading Room (statistics . . .)
• News Room (publications, news releases . . .)
• Outreach (technical links, training . . .)
• Regulations Compliance (standards . . .)

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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)

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Consultation Assistance

• Provided at no cost to employer
• Developed for smaller employers with more
  hazardous operations
• Delivered by state government agencies or
  universities employing professional safety and
  health consultants
• No penalties are proposed or citations issued
• Possible violations of OSHA standards are not
  reported to OSHA enforcement staff unless
  employer fails to eliminate or control any
  serious hazard or imminent danger

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OSHA Emergency Hot-Line1-800-321-OSHA

• Hot-line for reporting workplace safety or health
  emergencies
• Provides a 24-hour point of contact to report
  imminent dangers on the job

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Summary

• OSHA helps save lives and prevent injuries
• OSHA balances a cooperative approach with
  traditional enforcement
• OSHA standards are the enforceable requirements
  for worker safety and health
• Inspections are OSHAs way to ensure compliance
• OSHA offers various means of assistance

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Standards Origin

• OSH Act became law on December 29, 1970.
• Adopted existing standards from other public and
  private agencies.
• Pre-existing government regulations as
  references.
• Federal Register is official law.

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To Assure Safe and Healthful Working Conditions
for Working Men and Women
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ANSI
NEC
NFPA
NIOSH
BY Providing for Research, Information Education
and Training in the Field of Occupational Safety
and Health
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BY Providing Training in the Field
of Occupational Safety and Health
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Training Sources

• OSHA Training Institute
• National Safety Education Center
• Out Reach Programs
• Safety Training Center

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1910 Subpart B - Adoption and Extension of
Established Federal Standards
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• 1910.12 - Construction work.
• 1910.15 - Shipyard employment.
• 1910.16 - Longshoring and marine terminals.
• 1910.17 - Effective dates.
• 1910.18 - Changes in established Federal
  standards.
• 1910.19 - Special provisions for air contaminants.

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Goals of the OSHA Act

• Encourage employers/employees to reduce workplace
  hazards
• Upgrade/develop safety and health programs
• Provide research and develop countermeasures for
  hazards

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Goals of OSHA Act

• Establish responsibilities and rights for
  employers/employees
• Create a reporting and record-keeping system
• Develop training programs for safety and health
• Establish and enforce safety and health standards
• Assist in development of State programs

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OTHER ACTS

• B. Federal Service Contracts Act - McNamara
  OHara
• C. Contract Work Hours and Safety Standards
  Act - Construction
• D. Longshoreman and Harbor Works Act
• E. National Foundation on the Arts and
  Humanities Act

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Standards Development - OSHA 1970
Consensus Standards Proprietary Standards
Performance Standards (29 CFR 1910 - 1926)
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Consensus Standards

• National Fire Protection Association - NFPA
• American National Standards Institute - ANSI

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Proprietary Standards

• Underwriters Laboratories - UL
• Factory Mutual - FM
• Compressed Gas Association - CGA
• American Society of Mechanical Engineers - ASME
• American Conference of Governmental Industrial
  Hygienists -ACGIH

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Performance Standards
They Specify Levels of Protection Which Must be
Provided to Workers, But Do Not Closely Specify
How the Protection Must be Achieved.
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Horizontal Vertical Standards

• Vertical
• Particular
• Relevant Only to a Particular Industry

• Horizontal
• General
• Apply to Any Employer in Any Industry

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A floor hole cover of standard strength and
construction. While the cover is not in place,
the floor hole shall be constantly attended by
someone or shall be protected by a removable
standard railing.
Part
Section
Title
(a)(8)(ii)
29 CFR
1910
.23
Lower Case Alphabetical
Arabic Number
Lower Case Roman
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Numbering System

• 29 CFR 1910
• 29 is the title for the Department of Labor
• CFR means Code of Federal Regulations
• 1910 means General Industry Standards
• 1926 means the Construction Industry Standards.
• 49 is for the Department of Transportation
• 26 is for the Internal Revenue Service

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General Duty Clause - Sec. 5.(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
causing or likely to cause death or serious
physical harm to employees
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General Duty Clause - Sec. 5.(a)
(2) Shall Comply with Occupational Safety and
Health Standards Promulgated Under the Act.
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HOW!
By Authorizing Enforcement of the Standards
Developed Under the Act
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Opening Conference
Inspection Process

• Management and Labor Representation
• Purpose and Scope of Inspection
• Request Copies of Applicable Standards
• Copy of the Complaint (if any)
• Verify Inspectors Credentials

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During Inspection
Inspection Process

• Always Supervised/Never Alone
• Document - Written and Photos
• Apparent Violations - Questions/Corrections
• Good Faith Credit
• Right to Consult with Employees

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Closing Conference
Inspection Process

• List All Apparent Violations
• Ask Questions if Unclear
• Be Polite Yet Firm on Your Opinions
• Explain All Corrective Actions Taken

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Guidelines For Citations

• Hazard Exists
• Employee Exposure
• Employer Knew or Should Have Known of the Hazard
• Degree or Seriousness of the Hazard

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Citations

• Other than Serious
• Serious
• Willful
• Egregious

• Repeated
• Failure to Abate

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Determination of Violation Type

• Serious Violation
• Substantial probability that death/ serious
  injury could result from condition or practice in
  the place of employment.
• Other than Serious Violations
• Hazard likely to result in injury or illness
  which would not cause death or serious harm, but
  has direct relation to safety and health of
  workers.

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Violation Type

• Willful
• Evidence shows that the employer committed an
  intentional knowing violation of the Act.
• Knowledge that a condition is hazardous and did
  not make a reasonable effort to eliminate it.
• Knowledge that the condition violates a Standard.
• Knowledge of the requirements of the Standard.
• Violation must be deliberate, voluntary or
  intentional.

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Repeat Violations

• Issued when a citation has previously been issued
  for similar condition
• Usually the same standard
• Prior citation can have been anywhere in the
  prior three years- not just the same jobsite!

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Penalty Adjustment Factors

• Company Size
• Employees
• 1 - 25 60
• 26 - 100 40
• 101 - 250 20
• 251 or more None
• History
• No serious/willful/repeat in past 3 years 10

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Good Faith Effort

• Effective written Safety program 25
• (includes Mgt commitment, hazard analysis,
  employee training)
• Written Safety Program with minor shortcomings
  15

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15 Working Days
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Hidden Accident Costs Profit and Loss
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Direct Costs

• Costs of
• Insurance
• Lawsuits
• Fines
• Pensions

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Indirect Accident Costs

• 4 to 10 Times the direct costs
• Lost time by injured, crew, and supervision.
• Damage to tools and equipment.
• Cost of hiring/breaking in new employee.
• Loss of efficiency of crew.
• Failure to fill orders and meet schedule.
• Economic loss to injured and his/her family.
• Overhead costs and miscellaneous costs.

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Profit and Loss