The OSH Act

Trainer ObjectivesTrainer Objectives• Provide students a frame of reference by

discussing the history of worker safety, the need for safety regulations and the history of OSHA

• Discuss major provisions of the OSHA act, and agency resources

• Discuss other federal agencies covered under The ACT

• America faces serious concerns

both abroad and at home

• At the same time, occupational

injuries and illnesses are

increasing in both number and

severity

• Disabling injuries increased

20 percent during the decade,

Historical PerspectivesHistorical Perspectives

Injuries

• In pressing for prompt passage of workplace safety and health legislation, New Jersey Senator Harrison A. Williams Jr. said,

– "The knowledge that the industrial accident situation is deteriorating, rather than improving, underscores the need for action now."

• He called attention to the need to protect workers against such hazards as noise, cotton dust, and asbestos*

*All are now covered by OSHA standards


• In the House, Representative

William A. Steiger worked for

passage of a bill:


–"In the last 25 years, more than 400,000 Americans were killed by work-related accidents and disease. This has resulted in incalculable pain and suffering for workers and their families. Such injuries have cost billions of dollars in lost wages and production."

• On December 29, 1970,

President Richard M. Nixon

signed The Occupational

Safety and Health Act of

1970, also known as the

Williams-Steiger Act in honor

of the two men who pressed

so hard for its passage

OSH Act of 1970 becomes OSH Act of 1970 becomes LawLaw

OSH Act of 1970 becomes OSH Act of 1970 becomes LawLaw

• OSHA was created because of public outcry

against rising injury and death rates on the job

• Public Law 91-596; The OSH Act

• The Act is comprised of 34 sections

Section 2 - Congressional Findings Section 2 - Congressional Findings and Purposeand Purpose

• Worker injuries and illnesses impose a substantial burden on commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments

• The Congress declares its purpose:– 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 --

Section 2 - Congressional Section 2 - Congressional Findings and PurposeFindings and Purpose

• Encourage employers to reduce workplace

hazards; by implementing safety and health

programs;

• Provide for research in solving occupational

safety and health problems

• Training programs for occupational safety and health personnel;

• Mandatory job safety and health standards and enforce them effectively;

• Employer recordkeeping and reporting requirements;

• Provide for the development, evaluation and approval of state occupational safety and health programs

Section 2 - OSHA’S PurposeSection 2 - OSHA’S Purpose

Section 4 - The Act’s CoverageSection 4 - The Act’s Coverage

• (a)Applies to employment performed in a

workplace in a State, the District of Columbia

and territories of the US

• (b)(2) Supersedes many pre-existing Federal

Laws

Section 4 - The Act’s CoverageSection 4 - The Act’s Coverage

• (b)(1) Nothing in this Act shall apply to working

conditions of employees with respect to which

other Federal agencies, and State agencies

acting under section 274 of the Atomic Energy

Act of 1954, as amended (42 U.S.C. 2021),

exercise statutory authority

Federal Agency Coverage-Federal Agency Coverage-ExamplesExamples

• Federal Railroad Administration (FRA):

– OSHA covers facilities

– FRA covers tracks, trains, etc..

• Federal Aviation Administration (FAA):

– OHSA covers to the tarmac

– FAA covers past the tarmac

Section 5 - DutiesSection 5 - Duties• (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 likely to cause death or serious physical

harm to his employees

– (2) Shall comply with occupational safety and

health standards promulgated under this Act.

• (a)(2) Advise, consult with, and make

recommendations to the Secretary and the

Secretary of Health and Human Services

on matters relating to the administration of

the Act.

Section 7 - Advisory Committees; Section 7 - Advisory Committees; AdministrationAdministration

NACOSHNACOSH• The 12-member NACOSH has two members

representing management, two members representing labor, two members representing the occupational health professions, two members representing the occupational safety professions and four members representing the public.

• The members serve two-year terms.

Section 8 - Inspections, Section 8 - Inspections, Investigations & RecordkeepingInvestigations & Recordkeeping

Section 9 – CitationsSection 9 – Citations

Section 10 – EnforcementSection 10 – Enforcement

Section 11 - Judicial ReviewSection 11 - Judicial Review

Section 12 - Occupational Safety & Section 12 - Occupational Safety & Health Review CommissionHealth Review Commission

• Establishes membership and terms of

Review Commission (OSHRC)

• OSHRC acts independently of OSHA

• The mission of the OSHRC is to provide fair

and timely adjudication of workplace safety

and health disputes between the Department

of Labor and employers

• Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger.

• U.S. District Court Issues

• Area Director requests through Solicitor of Labor

• OSHA will:

Section 13 - Procedures to Counteract Section 13 - Procedures to Counteract Imminent DangersImminent Dangers

•Advise employer of imminent danger•Advise employees of rights•Petition Court for relief

Section 18 - State PlansSection 18 - State Plans

• Rules to provide for States to

assume responsibility for the

development and enforcement

of occupational safety and

health in their own state

STATE PLAN STATES

Research and Related Activities Research and Related Activities Section 20Section 20

• Most OSHA research is carried out by the

National Institute for Occupational Safety and

Health (NIOSH), under the Department of

Health and Human Services (HHS)

National Institute for Occupational National Institute for Occupational Safety and Health - Section 22Safety and Health - Section 22

• Establishes NIOSH as a part of HHS

• NIOSH provides national and world leadership to prevent work-related illness, injury, disability, and death by gathering information, conducting scientific research, and translating the knowledge gained into products and services.

• Strategic goals:– Conducting a focused program of research to

reduce injuries and illnesses among workers in

high-priority areas and high-risk sectors.

– Implementing and maintaining a system of

surveillance for major workplace illnesses, injuries,

exposures, and health and safety hazards.

NCSWCL - Section 27NCSWCL - Section 27

• To ensure adequate worker protection in the

event of disabling work-related injuries and

illnesses, the Act provides for the

establishment of the National Commission

on State Workman’s Compensation Laws

Amendments to The ActAmendments to The Act

• Amended November 5, 1990 (Penalty Reform)

• Amended July 16, 1998 (Codifies Consultation Program and prohibits OSHA from using penalty and citation quotas to evaluate enforcement officers)

• Amended September 28, 1998 (Makes OSH Act applicable to U.S. Postal Service in same manner as any other employer)

1903.2 Postings, Availability of the 1903.2 Postings, Availability of the Act, Regulations & StandardsAct, Regulations & Standards

• Employers must post notice(s) provided by

OSHA informing employees of the

protections and obligations provided for in

the Act and:

– Posted in conspicuous location(s)

– Not altered, defaced or covered

IT’S THE LAW!

Standard Interpretations 07/21/1977 - Standard Interpretations 07/21/1977 - OSHA's authority to take photographs OSHA's authority to take photographs

during the course of an inspectionduring the course of an inspection

• Taking photographs during the course of an inspection is a normal investigative tool used by our CSHO’s in order to support apparent violations of our standards.

• CSHO follows company’s safety procedures

• Precludes unreasonable disruption of work

1903.7 Conduct of Inspections1903.7 Conduct of Inspections

1903.8 Representatives of 1903.8 Representatives of Employers & EmployeesEmployers & Employees

• Representatives may accompany

CSHO to aid in inspection

• CSHO will consult with reasonable number

of employees

• Interference with CSHO’s inspection

prohibited

1903.11 Complaints by 1903.11 Complaints by EmployeesEmployees

• Employees may file written complaints to OHSA

• Complaint shown to employer no later than inspection date

• Employees can request anonymity

• Employer retaliation is prohibited

1903.12 Inspection not 1903.12 Inspection not warranted; informal reviewwarranted; informal review

• Area Director determines if reasonable grounds

exist for inspections resulting from employee

complaints

• An informal review may be scheduled at the

discretion of the Assistant Regional Director

Enhanced Enforcement Policy for Employers Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations Who Are Indifferent to Their Obligations

Under the OSHAct (3/12/03 John Henshaw Under the OSHAct (3/12/03 John Henshaw Memo)Memo)

• The Enhanced Enforcement Policy includes:

– High gravity willful violations; or

– Multiple high gravity serious violations; or

– High gravity repeat violations at the originating establishment; or

– Failure-to-abate notices; or

– A serious, willful, or repeat violation related to a fatality.

Enhanced Enforcement Policy for Employers Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations Who Are Indifferent to Their Obligations

(3/12/03 John Henshaw Memo)(3/12/03 John Henshaw Memo)

• OSHA has found that, for most employers, "on-site" abatement verification inspections at cited establishments are generally not an effective use of its resources.

• Instead, under 29 CFR 1903.19, OSHA requires employers to submit documentation or certification that abatement has been achieved.

• Only if the documentation is not submitted or is inadequate is an on-site follow-up inspection initiated.

Inspection PrioritiesInspection Priorities

• Imminent Danger, given top priority

• Employees notify employer of imminent danger

• If no action taken, notify OSHA


• Catastrophes and Fatal Accidents,

given second priority

CPL 2.113 - Fatality Inspection CPL 2.113 - Fatality Inspection Procedures - DirectiveProcedures - Directive

• Fatalities and catastrophes shall be thoroughly investigated to attempt to determine the cause of the events, whether a violation of OSHA safety or health standards related to the accident has occurred and any effect the standard violation has had on the occurrence of the accident.

• 1. Section 17(e) of the Act: criminal penalties for an employer who is convicted of having willfully violated an OSHA standard when the violation caused the death of an employee.


• Employee Complaints, Third priority

• Referrals from employees & outside agencies of unsafe or unhealthful conditions

• Informal review available for decisions not to inspect

• Confidentiality is maintained on request


• Programmed High-Hazard Inspections, given fourth

priority

• Aimed at high hazard industries, occupations, or

health substances

• Selection criteria examples:

– Death

– LWII rates

– Exposure to toxic substances

Follow-up InspectionsFollow-up Inspections

• Determines whether previously cited violations

have been corrected.

• “Notification of Failure to Abate”

Failureto

Abate

Inspector’s CredentialsInspector’s Credentials

• Inspection begins when CSHO arrives at facility

• Displays credentials

• Employers should always verify the identity of the CSHO by phoning the OSHA Area Office

• United States Department of Labor ID including photo and serial number

Opening ConferenceOpening Conference• CSHO explains why

facility was selected

• Explains purpose of visit, inspection scope and applicable standards

• Complaint copies distributed (if applicable)

• Employee representative may be summoned

Inspection TourInspection Tour• CHSO will point out unsafe conditions observed

& possible corrective action if employer

requests

• Some violations can be corrected immediately,

however, may still result in citation

Closing ConferenceClosing Conference

• Discussion of problems, questions and

answers

• Discussion of recommended citations

• Time needed for abatement

• Only Area Director issues citations and

assess $$$ amounts

1903.14 Citations1903.14 Citations• Area Director reviews CSHO’s inspection

report• Six month limit to issue citation following

occurrence of alleged violation

• Citations will describe particular violation of The Act, standards, etc..

Types of ViolationsTypes of Violations• Other Than Serious Violation• Normally would not cause death or serious

injury• Normally do not accompany fines• Adjusted downward as much as 95%, if fines

are levied• Factors:

– Good faith– History of violations– Size of business

Types of ViolationsTypes of Violations

• Serious Violation

• High probability of death or serious harm

• Mandatory fine, up to $ 7,000

• Adjusted downward:

– Good faith

– Gravity of alleged violation

– Violation history

– Size of business


• Willful Violation

• Employer knowingly commits with plain indifference to the law

• Either knows action is a violation, or is aware of hazardous condition with no effort to eliminate

• Up to $ 70,000 for each

• Minimum of $ 5,000


• Willful Violation

• If convicted of WV that has resulted in death, court imposed fine, up to six months in jail, or both

• Criminal conviction, up to $ 250,000 for individual; and years in jail

• $ 500,000 corporation

• Corporate officers may be imprisoned


• Repeat Violation

• Same or

substantially

similar violation,

• Up to $ 70,000 for

each violation

Standard Interpretations Standard Interpretations 07/13/1999 - Clarification of OSHA's citation 07/13/1999 - Clarification of OSHA's citation

policy for repeated violationspolicy for repeated violations

• The Occupational Safety and Health (OSH) Act

itself does not define the term "repeatedly"

(which appears in section 17, the section on

penalties), but the statute has long been

interpreted -- with the approval of all the courts

that have addressed this issue -- as meaning

two or more substantially similar violations.

Standard Interpretations Standard Interpretations 07/13/1999 - Clarification of OSHA's citation 07/13/1999 - Clarification of OSHA's citation

policy for repeated violationspolicy for repeated violations

• As the OSHRC stated in its 1979 Potlatch decision, neither the fact that "the violations occurred at different worksites" nor "the length of time between the two violations”* is relevant to a determination of a violation as "repeated." Rather, the Commission noted that such factors might be relevant to the assessment of an appropriate penalty.

• *The Field Inspection Reference Manual states ‘A repeated violation occurs within 3 years at any of the employers establishments’


• Failure to Abate

• Up to $ 7000/day

for each violation

not abated, for a

maximum of 30

days


• De Minimis Violation

• No direct relationship to safety or health

Additional ViolationsAdditional Violations

• Falsifying records• Up to $ 10,000, six months in jail, or both• Violations of posting requirements• Civil fine up to $ 7,000• Assaulting, interfering with, intimidating a

CSHO while performing their duties, up to three years prison, and $ 5,000 fine

1903.14a Petitions for 1903.14a Petitions for modification of abatement datemodification of abatement date

• Employer may petition for extension of

abatement date after good faith effort to comply:

– Petition in writing

– Steps and dates of action taken

– How much more time is requested and reasons

– Interim safeguards to protect employees against

cited hazard

1903.15 Proposed Penalties1903.15 Proposed Penalties

• Notice to employers of proposed penalties for

citations issued

• AD determines penalties based upon:

– Size of business

– Gravity of violation

– Good faith of employer

– History of previous violations

1903.15 (a) Proposed Penalties1903.15 (a) Proposed Penalties• After, or concurrent with, the issuance of a citation,

and within a reasonable time after the termination of

the inspection, the Area Director shall notify the

employer by:

– Certified mail or

– By personal service by the Compliance Safety and

Health Officer

• Of the proposed penalty under section 17 of the Act,

or that no penalty is being proposed

1903.15 (b) Proposed Penalties1903.15 (b) Proposed Penalties• Any notice of proposed penalty deemed to be

the final order of the Review Commission

unless, within 15 working days from the

date of receipt of such notice, the employer

notifies the Area Director in writing that he

intends to contest the citation

• The Area Director shall determine the amount of any

proposed penalty, giving due consideration to the

appropriateness of the penalty with respect to the:

– Size of the business of the employer being charged,

– The gravity of the violation,

– The good faith of the employer, and

– The history of previous violations

1903.15 (b) Proposed Penalties1903.15 (b) Proposed Penalties

1903.16 Posting of Citations1903.16 Posting of Citations

• Citations posted unedited immediately at the location of the alleged violation

• Posted for 3 working days or until the violation is abated, whichever is longer

• Employer notice of contest can be posted alongside

1903.17 Employer and employee 1903.17 Employer and employee contestscontests

• Notify Area Director (AD) in writing within

15 days of receipt of proposed penalty

• Specify if:

– Contesting citation

– Contesting penalty

– Both

• Employees can contest abatement time

1903.18 Failure to correct 1903.18 Failure to correct violationviolation

• AD will notify employer of failure to correct and of additional penalties

• Employer may appeal

• Notification of failure to correct are final orders unless AD is notified in writing within 15 days

1903.19 Abatement verification1903.19 Abatement verification

• The purpose of OHSA inspections:

– Result in abatement of violations of the Act

• Employer must certify to OSHA that violations have been abated within 10 days of the abatement date

• The employer must inform affected employees and

their representative(s) about abatement activities

1903.20 Informal conferences1903.20 Informal conferences• Employers can request an informal conference

within 15 working days of the receipt of

citations

• Employee(s) may participate in the informal

conference at the discretion of the Area Director

• Legal counsel allowed

• Does not extend 15 day ‘Notice of Contest’ provisions

Documents

The OSH Act