OSHA Regulations
Why do we need OSHA REGULATIONS?
In 1970, Congress considered these annual figures:
⇒ 14,000 worker deaths
⇒ 2.5 million workers disabled
⇒ 300,000 new occupational disease cases
Until 1970, no uniform and comprehensive provision existed for workers protection against workplace safety and heal hazards.
OSHA Regulations was born on December 29, 1970, signed by President Nixon, public law 91-596.
"To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the act”
General Duty Clause Public Law 5 (a)(1)
General Health & Safety Section 5 (a) EACH EMPLOYER:
1) Shall furnish to each of their employees a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees.
2) Shall comply with occupational health standards (OSHA) promulgated under this act.
General Health and Safety Section 5 (b)
EACH EMPLOYEE:
1) Shall comply with occupational safety and health standards and all rules, OSHA Regulations and orders issued pursuant to this act which are applicable to their own actions and conduct.
5 (a) (1) Violation Essential Elements to Cite
- The employer failed to keep the workplace free of a hazard that the employees were exposed to.
- The hazard was recognized;
- The hazard was causing or was likely to cause death or serious harm; and, There was a feasible and useful method to correct the hazard.
Executive order 12196, signed by President Carter requires Federal Agencies to:
- Comply with the Act
- Assure periodic inspections
- Provide safety training for employees
- Operate a safety management information system
A FEDERAL PLAN
- Use Federal Rulings
- Fines are applied to Federal Deficit
- Funded by Congress
STATE PLANS
- States may institute stricter rules
- Fines are applied to State Budget
- Funded by Federal and State Budgets
Standards...
Horizontal Standard
- Applies to all activities
- Ladder sub-part (example)
- Applies when suing ladder on roofs
- Applies when using ladders in excavations
Vertical Standard
- Only applies during specific job
- Fire watch (example) required during Welding
- Fire watch—not required during ladder climbing
ACTUAL STANDARDS (CFR) Code of Federal OSHA Regulations
- 29CFR 1960— Federal Agencies
- 29CFR 1910—General Industries
- 29CFR 1926—Construction
CONSENSUS STANDARDS
- (NEC) National Electric Code
- (ANSI) American National Standards Institute
- (CGA) Compressed Gas Association
TOP THREE CITED SERIOUS VIOLATIONS IN 2000
- OSHA FALL PROTECTION—UNPROTECTED SIDES-EDGES 1926 501(B)(1) - M
- HEAD PROTECTION 100(a)
- OSHA SCAFFOLDS—FALL PROTECTION
451 (g) (1) L
Employee rights
- To inspect certain records and citations
- To be represented during safety inspections
- Protection from discrimination for filing a complaint against their employer
- Employees cannot “pick and choose” which standards they will obey
OSHA REGULATIONS INSPECTION PRIORITIES
- Imminent Danger to Life and Health (IDLH)
- Inspections of fatalities or catastrophes
- Complaints /Referrals
- Programmed Inspections
During Inspections…
- Inspector must consult with a reasonable number of employees when inspecting the workplace
- Inspector may consult with an employee who may be at the opening/closing conference
- The employer has 15 days to contact OSHA in writing to contest the citation of the Regulation(s).
- The employer, not the employee estimates the time necessary to achieve hazard abatement
- OSHA Regulations citations are normally issued to employers whose employees are exposed hazards
- Employer can be cited whether or not their employee has been exposed
THE EMPLOYER HAS 15 WORKING DAYS TO CONTACT OSHA IN WRITING TO CONTEST A REGULATION CITATION
FOUR BASIC ELEMENTS TO A SAFETY PROGRAM (APP)
- Management Contentment and employee involvement
- Work site Analysis (JHA)
- Hazard Prevention and Control
- Safety and Health Training
OSHA REGULATIONS WEB SITES REFERENCES:
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