Government Regulations

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OSHA GOVERNMENT REGULATIONS
International Environmental Technology and
Training Center
Working safely with hazardous materials
Vincent J. Giblin, General President
1293 Airport Road, Beaver, WV 25813 Phone (304)
253-8674 - Fax [phone] E-mail
hazmat_at_iuoeiettc.org
2
Government RegulationsAN INTRODUCTION

• Foundation for all safety and health requirements
  at work sites.
• Protects workers, the public, and the
  environment.
• Must be understood by all workers.

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Government Agencies

• Department of Labor
• Occupational Safety and Health Administration
• National Institute for Occupational Safety and
  Health
• Mine Safety and Health Administration
• Environmental Protection Agency
• Department of Transportation
• Department of Energy

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Code of Federal Regulations
Agency Scope Title
OSHA Safety and Health Regulations 29
NIOSH Research Relating to Worker Safety and Health 42
MSHA Mining Safety and Health 30
EPA Protection of Air, Water, and Soil 40
DOL Labor Policies and Laws 29
DOT Transportation Policies 49
DOE Energy Research and Development 10
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Understanding Federal Code Citations
6
Where can employees find information?

• Code of Federal Regulations (CFR).
• Hazardous Waste Operations and Emergency Response
  (HAZWOPER) Standard.

7
Where can employees find information?

• Code of Federal Regulations (CFR)
• 1910 - General Industry
• 1926 - Construction Industry

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Where can employees find information?

• Hazardous Waste Operations and Emergency
  Response (HAZWOPER) Standard
• 29 CFR 1910.120 - General Industry
• 29 CFR 1926.65 - Construction Industry

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Employer Responsibilities As Defined by OSH Act.

• General Duty Clause, or Section 5 (a)(1).
• 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 employees.

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Employer Responsibilities As Defined by OSH Act.

• The employer is ultimately responsible.

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Employer Responsibilities As Defined by OSH Act.

• Establish and maintain safe conditions,
  practices, and (SOP)s, standard operating
  procedures.

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Employer Responsibilities As Defined by OSH Act.

• Identify, communicate, and monitor hazardous
  conditions.

13
Employer Responsibilities As Defined by OSH Act.

• Provide/maintain appropriate PPE.
• Train employees on rules, regulations, and
  procedures.

14
Employer Responsibilities As Defined by OSH Act.

• Keep and make available, health, safety and
  training records.

• Abate cited violations.
• Do not discriminate against employees who
  exercise OSHA rights.

15
Employer Responsibilities As Defined by OSH Act.

• Cooperate with OSHA officers.
• Post OSHA notices.
• Post OSHA poster (2203).

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Employer Rights As Defined by OSH Act

• OSHA recognizes employers rights regarding
  inspections.

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Employer Rights As Defined by OSH Act

• Seek free advice and off site consultation.
• Request/receive identification of OSHA officer,
  prior to inspection.

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Employer Rights As Defined by OSH Act

• Be told reason for OSHA inspection.
• Accompany the OSHA inspector.
• Have opening and closing conference with OSHA
  officer.

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Employer Rights As Defined by OSH Act

• Request informal settlement agreement process.
• File Notice of Contest against inspection
  results.

• Apply to OSHA for temporary or permanent
  variance.
• Assured of confidentially of trade secrets.

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Employee Responsibilities As Defined by OSH Act.

• Section 5(b) requires
  that employees diligently follow all safety and
  health standards, rules, procedures that apply to
  their own actions and conduct.

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Employee Responsibilities As Defined by OSH Act.

• Employees must be informed and involved.

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Employee ResponsibilitiesAs Defined by OSH Act

• Read OSHA poster.
• Follow employer safety and health regulations.
• Use PPE where necessary.

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Employee ResponsibilitiesAs Defined by OSH Act

• Report hazardous conditions, injuries and
  illnesses to employer - seek treatment.
• Cooperate with OSHA inspection.
• Exercise OSHA rights responsibly.

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Employee Rights As Defined by OSH Act

• You should know your rights.

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Employee Rights As Defined by OSH Act

• Review OSHA standards, rules, and requirements
  for job site.
• Get information from employer regarding
  safety/health hazards on job site.

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Employee Rights As Defined by OSH Act

• Receive proper safety and health training.
• Access to employee medical and exposure records.
• Request information from NIOSH.

27
Employee Rights As Defined by OSH Act

• Request OSHA inspection.
• Name withheld from employer if complaint filed.
• Accompany OSHA officer during inspection.

28
Employee Rights As Defined by OSH Act

• Respond to questions from OSHA.
• Observe monitoring or measuring review data.
• Review Log of Injuries and Illnesses-OSHA 300.

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Employee Rights As Defined by OSH Act

• Request closing discussion after inspection.
• OSHA citations must be posted.
• Object to abatement period set by OSHA.
• Participate in hearings.

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Should violations be reported immediately?

• First, discuss concerns with
• Co-workers
• Supervisors
• Site Safety Officer
• Employer
• Union Representative

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Do employees have the right to refuse unsafe
work?

• OSHA does not specifically give you the right to
  refuse but, an employee may refuse work when
  faced with an imminent danger of serious injury
  or death.

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Can employees be fired or demoted for reporting?

• No

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Can employees be fired or demoted for reporting?

• Section 11(c) of the OSH Act states the
  employer shall not punish or discriminate
  against employee for exercising such rights as
  complaining to the employer, the union, OSHA, or
  any other government agency about job safety and
  health hazards or for participating in OSHA
  inspections, conferences, or other OSHA related
  activities.

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What programs make safety and health integral to
jobs?

• DOEs Integrated Safety Management (ISM)
• Incorporates safety into management and work
  practices at all levels.
• OSHAs Voluntary Protection Program (VPP)
• Goes beyond OSHA Standards Compliance.

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What are OSHAs VPPs?

• A cooperative relationship between management,
  labor, and OSHA for strong safety and health
  programs.
• Management operates program that meets criteria.
• Employees participate/work with management.
• VPP-sites comply with OSHAs rules, and go
  beyond requirements.

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VPP benefits for employers, employees, and OSHA.

• Improved employee motivation.
• Reduced workers compensation costs.
• Recognition in the community.
• 60 to 80 fewer lost workday injuries.
• Contractors, employers, employees provide input
  to OSHA.

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Does employee involvement mean legal
responsibility?

• Employees do not assume employers
  responsibilities.
• Employees are not expected to guarantee a safe
  and healthful environment.

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Why do agencies require specific HAZWOPER
training?

• Greatly reduces the possibility of harm from
  exposure to hazardous materials.
• Hazardous waste sites can be unpredictable and
  potentially dangerous.

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HAZWOPER 8-Hour TrainingUpdate Worker on Recent
Developments
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Government RegulationsUPDATE

• Revised Injury/illness Record Keeping Rule.
• Effective as of January 1, 2002.
• OSHA Form 300
  (Log of Work-Related Injuries and Illness).
• Simplified.
• Printable on smaller-sized paper.

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Government Regulations UPDATE

• Revisions to Voluntary Protection Program.
  Effective as of January 1, 2001.
• Criteria rewritten easier to understand.
• Expansion of eligibility.
• Increased expectations concerning management of
  the safety/health of employees.
• New illness reporting requirement.

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• This material was produced under grant number
  46C5-HT16 from the Occupational Safety and Health
  Administration, U.S. Department of Labor. It
  does not necessarily reflect the views or
  policies of the U.S. Department of Labor, nor
  does mention of trade names, commercial products,
  or organizations imply endorsement by the U.S.
  Government.

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END

• This publication was made possible by grant
  numbers 5 U45 ES06182-13 AND 5 U45 ES09763-13
  from the National Institute of Environmental
  Health Sciences (NIEHS), NIH. Its contents are
  solely the responsibility of the authors and do
  not necessarily represent the official views of
  the NIEHS, NIH.