The Occupational Safety and Health Act of 1970

Public Law 91-596The Occupational Safety & Health Act of

1970". . . 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."

Duties – Section 5Where OSHA has not promulgated

specific standards, employers are responsible for following the Act's general duty clause {Section 5(a)(1)}.

The General Duty Clause is in the Act, it is not a standard

”Each employer - shall 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 his employees."

Use of the General Duty ClauseThe General Duty Clause is used only where

there is no standard that applies to the particular hazard

The following elements are necessary to prove a violation of the General Duty Clause: The employer failed to keep the workplace free of

a hazard to which employees of that employer were exposed;

The hazard was recognized;The hazard was causing or was likely to cause

death or serious physical harm; andThere was a feasible and useful method to correct

the hazard.

OSHA StandardsOSHA is responsible for promulgating

legally enforceable standards. Responsibility of employers to become

familiar with standards applicable to their establishments.

Inspections, Investigations & Recordkeeping - Section 88(a) OSHA representatives are authorized to:

(1) enter without delay, at reasonable times, & (2) inspect during regular working hours and at

reasonable times and to question privately employers and employees

8(b) Subpoena power8(c) Recordkeeping and posting8(f) Employees right of complaint

Construction DefinedOSHA's regulations define "construction

work" as "construction, alteration, and/or repair, including painting and decorating." at 29 CFR 1926.32(g) and 29 CFR 1910.12(b).

They further provide that OSHA's construction industry standards apply "to every employment and place of employment of every employee engaged in construction work." id. at 1910.12(a).

Focused Inspection Initiative in ConstructionSince 1994, OSHA has used a focused inspection

program for construction industry sitesThe Focused Inspection Initiative will enable

OSHA to focus on the leading hazards that cause 90% of the injuries and deaths.

The leading hazards are:falls from elevations (e.g., floors, platforms, roofs) struck by (e.g., falling objects, vehicles) caught in/between (e.g., cave-ins, unguarded

machinery, equipment) electrical shock (e.g., overhead power lines, power

tools and cords, outlets, temporary wiring)

Focused Inspection QualificationsIn order to qualify, the following conditions must be

met:the project safety and health program/plan meets

the requirements of 29 CFR 1926 Subpart C, General Safety and Health Provisions, and

there is a designated competent person responsible for and capable of implementing the program/plan.

If the project meets the above criteria, an abbreviated walk-around inspection shall be conducted focusing on:

verification of the safety and health program/plan effectiveness by interviews and observation;

the four leading hazards listed above, and other serious hazards observed by the CSHO.

Enforcement – Section 1010(a) Employers right of contest; Citations

can be contested before the Safety and Health Review Commission, an independent quasi-judicial branch of the Department of Labor

10(c) Employee’s right of contest of abatement dates

Procedures to Correct Imminent Dangers –Section 13Allows OSHA to petition for (obtain) a

restraining order in cases of Imminent Danger.

U.S. District Court IssuesArea Director requests through Solicitor of

LaborOSHA will:Advise employer of imminent dangerAdvise employees of rightsPetition District Court for relief

Penalties Section 17Penalties were increased in 1990Willful & repeated violations to a maximum

of $ 70,000Minimum $ 5,000 willfulSerious & other than serious to $ 7,000Failure to abate to a maximum of $7,000

for each day violation continues

Occupational Safety & Health Review Commission - Section 12Establishes membership and terms of

Review Commission (OSHRC)OSHRC acts independently of OSHAhttp://www.oshrc.gov

29 CFR 1926.405 (j) (4) (ii) (C) (1)

Lower Case Alphabetical

Italicized Arabic Number

Upper Case Alphabetical

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RecordkeepingEmployers of 11 or more employees must

maintain records of occupational injuries and illnesses as they occur.

The purposes of keeping records are to permit survey material to be compiled, to help define high hazard industries, and to inform employees of the status of their employer's record.

Employers that do not fall under exempt statusFor example, OSHA recordkeeping is not required

for certain retail trades and some service industries.

ReportingAll employers must still comply with OSHA

standards, display the OSHA poster, and report to OSHA within 8 hours:

Any accident that results in one or more fatalities or

The in-patient hospitalization of three or more employees.

orally report the fatality/multiple hospitalization by telephone or in person to the Area Office of the Occupational Safety and Health Administration (OSHA),

Multi-Employer WorksitesOSHA Compliance Directive CPL 2-0.124Multi-employer Worksites. On multi-employer worksites (in

all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard. A two-step process must be followed in determining whether more than one employer is to be cited. Step One. The first step is to determine whether the employer is a

creating, exposing, correcting, or controlling employer. The definitions in paragraphs (B) - (E) below explain and give examples of each. Remember that an employer may have multiple roles (see paragraph H). Once you determine the role of the employer, go to Step Two to determine if a citation is appropriate (NOTE: only exposing employers can be cited for General Duty Clause violations).

Step Two. If the employer falls into one of these categories, it has obligations with respect to OSHA requirements. Step Two is to determine if the employer's actions were sufficient to meet those obligations. The extent of the actions required of employers varies based on which category applies. Note that the extent of the measures that a controlling employer must take to satisfy its duty to exercise reasonable care to prevent and detect violations is less than what is required of an employer with respect to protecting its own employees.

Multi-employer Worksite categoriesCreating Employer: The employer that caused a

hazardous condition that violates an OSHA standard.Correcting Employer: An employer who is engaged in

a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard. This usually occurs where an employer is given the responsibility of installing and/or maintaining particular safety/health equipment or devices.

Controlling Employer: An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or require others to correct them.

Exposing Employer: An employer whose own employees are exposed to the hazard.

Construction SafetySelecting ContractorsWhat is one of the problems with using

OSHA rates to evaluate a subcontractor’s safety performance?