OSHA

1
OSHA

• FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)
  OF 1970

George Mason University College of Nursing and
Health Science Regulatory Requirements for Health
Systems Summer 2004
2
The Occupational Safety and Health Act

• The Occupational Safety and Health Act of 1970
  was passed to assure safe and healthful working
  conditions for men and women
• Authorizes enforcement of the standards developed
  under the Act
• Assists and encourages the States in their
  efforts to assure safe and healthful working
  conditions by providing for research,
  information, education, and training in the field
  of occupational safety and health
• Can be used for other purposes relating to the
  work environment.

3
Scope of Regulations

• Regulations apply to occupational safety and
  health research and related activities,
• Approval of respiratory protective devices, and
• Requests for health hazard evaluations and
  investigations of places of employment, including
  how to go about requesting a health hazard
  evaluation and what needs to be in the request,
  advance notice of visits, how the investigation
  is conducted, and notification of findings.

4
Enforcement

• Occupational Safety and Health investigations of
  places of employment are conducted by
• - The National Institute For Occupational Safety
  and Health (NIOSH) of the Center For Disease
  Control,
• - Public Health Service,
• - Department of Health and Human Services .

5
OSHA Mission

• The mission of OSHA is to "save lives, prevent
  injuries and protect the health of America's
  workers. To accomplish this, federal and state
  governments must work in partnership with the
  more than I00 million working men and women and
  their six and a half million employers who are
  covered by the Act."

6
OSHA Regulations

• The OSHA regulations are located under 29 CFR in
  the Code of Federal Regulations
• Regulations apply to
• Production or disclosure of information or
  materials
• Protection of individual privacy in records
• Procedures for state agreements
• State plans for the development and enforcement
  of state standards
• Inspections, citations and proposed penalties

7
OSHA Regulations

• Recording and reporting occupational injuries and
  illness
• Occupational Safety and Health Standards
• Rules concerning OSHA access to employee medical
  records.
• Approved state plans for enforcement of state
  standards
• Procedures for the evaluation and monitoring of
  approved state plans

8
OSHA Regulations

• Plans for state and local government employees
  without approved plans
• OSHA Review Commission
• Regulations implementing the Freedom of
  Information Act
• Rules of ethics and conduct of Review Commission
  employees Regulations implementing the Privacy
  Act

9
PROVISIONS

• The Federal Occupational Safety and Health Act
  (OSHA) of 1970 provided law and subsequent
  regulation requiring employers to establish
  occupational safety and health programs and
  ensure safe and healthful working conditions for
  employees.
• The provisions may vary by state.

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Standards Related To Employee Rights

• Safe and healthful working conditions
• General training in safe work practices
• Specific training in hazards unique to the job,
  e.g.
• Equipment operation
• Hazardous substances handling
• Emergency procedures
• Self-contained breathing apparatus use
• Training in potential health hazards of
  chemicals/materials
• Refuse to perform work violating the Labor Code

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Standards Related To Employee Rights

• Observe employer monitoring of harmful
  substances
• Notification of exposure to harmful substances
• See and copy records of exposure to toxic
  substances and harmful physical agents
• Access any medical records
• Request an inspection
• See any citations
• Request and take part in making changes to
  occupational safety and health standards
• Take part in appeal proceedings

12
Standards Related To Employee Responsibilities

• Obey all occupational safety and health
  standards, rules, regulations, and orders issued
  according to the law
• Use safety equipment, safety devices, and methods
  or processes adopted for employee protection
• Not to remove, displace, damage, destroy, tamper
  with, or carry off safety devices, safeguards,
  notices, or warnings
• Not interfere with the use of safeguards by
  others.

13
Standards Related To Employer Rights

• Request free education and training, including
  onsite consultation
• Petition for changes in standards or rules
• Assist in development, modification, or
  revocation of standards and rules
• Apply for variances from requirements if
  equivalent safety can be maintained
• Participate in inspections

14
Standards Related To Employer Rights

• Contest any citations, penalties, and correction
  requirements
• Be protected by law against disclosure of trade
  secrets
• Be given a Material Safety Data Sheet (MSDS) by
  the manufacturer for any substance listed on the
  List of Hazardous Substances

15
Standards Related To Employer Responsibilities

• Maintain a safe and healthful place of
  employment
• Comply with occupational safety and health
  standards, rules, regulations,and orders
• Provide employees with general training in safe
  work practices
• Provide employees with specific training re.
  unique job hazards
• Allow employee access to medical and exposure
  records

16
Standards Related To Employer Responsibilities

• Post prominently any citation (or copy) issued
  for safety and health violations near the
  location of occurrence
• Allow employees to observe monitoring or
  measuring for exposure
• Notify all exposed to toxic substances or harmful
  physical agents when prescribed levels exceeded
• Prepare and maintain all records and reports
  required

17
Standards Related To Employer Responsibilities

• Provide an effective injury and illness
  prevention program
• Allow access to log of occupational injuries and
  illnesses
• Provide workers with information and training on
  substances on List of Hazardous Substances
• Provide and ensure that safety devices and safety
  guards are used.

18
Enforcement of Standards

• Most states enforce the standards through a
  separate board or through a department of health
  and/or occupational safety.
• There are periodic inspections of the workplace,
  checking for compliance with applicable law and
  regulation or with necessary corrections.
• There must be provision for receipt and
  processing of complaints, as well as for appeal
  of citations, orders, grievances, etc., by either
  employees or employers.

19
Inspections

• Inspections are based on
• Imminent danger
• Fatality or serious accident
• Employee complaint
• Investigations of serious injuries or illnesses
• Scheduled inspections
• By law, no advance notice is given to the
  employer.

20
State Administration

• Some states, including California, administer
  their own occupational health and safety programs
  in accordance with provisions of the Federal
  OSHA.
• OSHA establishes program structure and operations
  requirements, but permits the state to manage the
  program, with federal monitoring.
• These states receive part of program funding from
  the federal OSHA agency.
• Most OSHA programs provide for free consultation
  and training in key safety and illness-prevention
  issues pertinent to the workplace.