Welcome to
Course #7510 Introduction to OSHA for Small Businesses Paige Rohrig, CSP Paul Schlumper, PE, CSP Georgia Tech Research Institute
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Objectives 1. Describe the tools OSHA uses to reduce workplace injuries and illnesses 2. Identify basic employer and employee responsibilities and rights under OSHA 3. Recognize how OSHA standards are organized and developed 4. Select the steps of the OSHA inspection process 5. Recognize the four elements of a safety and health management system 6. Obtain information about compliance assistance 2
Background of OSHA Section 1
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OSHA’s Establishment •
– Occupational Safety and Health Administration • Law (OSH Act) signed on December 29, 1970 • Goal: To provide worker safety and health protection
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Why OSHA is Needed? Prior to 1970 • More than 14,000 worker deaths annually • 2.5 million workers disabled by work-related injuries • Estimated 300,000 cases of work-related illness
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OSHA’s Impact
Since 1970 • Work-related fatalities cut by 62% • Overall injury and illness rate reduced 42% • Brown lung disease eliminated • Trenching fatalities reduced 35%
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General Duty Clause
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Focus on Small Businesses Small Businesses • Represent more than 99.7% of employers • Employ more than half of all private sector employees • Pay 44.5% of total U.S. private payroll • Generate 60 – 80% of new jobs annually
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OSHA’s Tools • Strong, fair and effective enforcement
• Outreach, education and compliance assistance • Partnerships and other cooperative programs
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Summary of Section 1 Background of OSHA • When was the Occupational Safety and Health Act signed? • Why was OSHA necessary?
• What are the 3 tools OSHA uses to fulfill its mission? 10
Coverage, responsibilities and rights under OSHA Section 2
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OSHA Coverage • All private sector employers and their
employees in the U.S. and its territories and jurisdictions • Does not cover: • • • •
The self-employed Immediate members of farming families with no outside workers Mine workers, certain truckers and transportation workers, atomic energy workers Public employees 12
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OSHA Coverage Group Exercise 1. Dana Wilson, a public school teacher at Apple Valley Elementary. 2. Harry Adams, a miner at Below Ground Inc. 3. Adrian Smith, one of 3 employees of ABC landscaping. 4. Taylor Dell, an accountant in business for herself. 13
Major Employer Responsibilities • Provide a workplace free from recognized hazards • Comply with OSHA standards and regulations • Be familiar with standards applicable to your workplace and make copies available 14
Major Employer Rights • Obtain free advice and on-site consultation • Accompany compliance officer on inspection • Request an informal conference • Contest citations and penalties
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Employee Responsibilities and Rights Responsibilities include: • Complying with OSHA standards • Wearing required PPE • Reporting hazards to supervisor
Rights include: • • • •
Reviewing standards Receiving training Requesting an OSHA investigation Reviewing the OSHA 300 Log 16
Whistleblower Act • Protects employees from retaliation for reporting violations related to 22 federal acts • Not limited to just the OSH Act • Employees can report retaliation to OSHA
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Section 11(c) Discrimination can include: – – – –
Firing or laying off Blacklisting Demoting Denying overtime or promotion – Disciplining
– – – –
Denial of benefits Failure to hire or rehire Intimidation Reassignment affecting future promotions – Reducing pay or hours 18
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Protected Activities • • • • • • • • • •
Workplace safety or health • Asbestos in schools • Cargo containers • Airline • Commercial • Motor carrier • Consumer product • Environmental • Financial reform • Food safety
Health insurance reform Motor vehicle safety Nuclear Pipeline Public transportation agency Railroad Maritime Motor vehicle safety Securities laws 19
Covered Acts • • • • • • • • • • • • • • • • •
Asbestos Hazard Emergency Response Act • (90 days) • Clean Air Act (30 days) • Comprehensive Environmental Response, • Compensation and Liability Act (30 days) • Consumer Financial Protection Act of 2010 • (180 days) • Consumer Product Safety Improvement Act • (180 days) • Energy Reorganization Act (180 days) • Federal Railroad Safety Act (180 days) • Federal Water Pollution Control Act (30 days) • International Safe Container Act (60 days) • Moving Ahead for Progress in the 21st Century • Act (motor vehicle safety) (180 days) • National Transit Systems Security Act (180 days)
Occupational Safety and Health Act (30 days) Pipeline Safety Improvement Act (180 days) Safe Drinking Water Act (30 days) Sarbanes-Oxley Act (180 days) Seaman’s Protection Act (180 days) Section 402 of the FDA Food Safety Modernization Act (180 days) Section 1558 of the Affordable Care Act (180 days) Solid Waste Disposal Act (30 days) Surface Transportation Assistance Act (180 days) Toxic Substances Control Act (30 days) Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (90 days)
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Whistleblower Headlines • “A dentist in Maine is facing $72,000 to two employees who raised concerns about the safety of the office.” • “[A company] has been ordered to pay $1.07 million … for allegedly firing four truck drivers who provided information to the Federal Motor Carrier Safety Administration during a safety audit” • “[A company] violated the whistleblower protection provisions of the Federal Railroad Safety Act and consequently has ordered the company to pay two whistleblowers $932,070.46 in damages” • “Paving Co. Fined Nearly $1M Over Whistleblower Firings” 21
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Safety Incentive Programs • Certain types of incentive programs may be violations of 11(c) • Tying workplace incentive programs to injury and illness metrics is prohibited • OSHA 2012 memo: https://www.osha.gov/as/opa/whistlebl owermemo.html 22
Summary of Section 2 Coverage, Responsibilities and Rights • True or False? The OSH Act covers the self-employed. • Name one of an employer’s three major responsibilities under OSHA. • What is Section 11(c)? 23
Standards Section 3
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Origin of OSHA Standards • Many OSHA standards were originally developed from three sources: – Consensus standards – Proprietary standards – Federal laws already in effect
How OSHA Develops Standards • OSHA initiates or in response to petitions from other parties • Intention to propose, amend, or revoke a standard published in the Federal Register • Interested parties may submit written information; OSHA may schedule a public hearing • Final outcome is a standard or amendment, or a determination that none is necessary 26
Code of Federal Regulations (CFR) Some examples of the different titles and what they cover: • • • • • • • • • •
Title Title Title Title Title Title Title Title Title Title
3 10 21 23 26 29 34 39 40 49
The President Energy Food and Drugs Highways Internal Revenue Labor * Education Postal Service Department Protection of Environment Transportation
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OSHA Standards Overview 29 CFR (Code of Federal Regulations) • 1910 – General Industry • 1926 – Construction • 1915, 1917 & 1918 – Maritime • 1928 – Ag Standard • 1904 - Recordkeeping 28
Reading Standards • 29 CFR 1910.110(b)(13)(ii)(b)(7)(iii) • • • •
29 United States Code Title CFR Code of Federal Regulations 1910 Part - Part 1910 covers General Industry 110 Section Number {Section 110 falls under Subpart H; Hazardous Materials}
Reading Standards • 29 CFR 1910.110(b)(13)(ii)(b)(7)(iii) Arabic Number
Lower Case Alphabetical
• Following the Section number are Major Topic Paragraphs, they are denoted with parentheses and a lower case alphabetical • (b) Major Topic Paragraph; “Basic Rules” • (13) Paragraph Subsection; “LP-Gas in buildings”.
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Reading Standards • 29 CFR 1910.110(b)(13)(ii) (b)(7)(iii) Lower Case Roman
• The next subdivision uses lower case roman numeral • After this the paragraph number sequence begins again as before only this time using italics • (After 1979 the fourth set of parentheses uses a capital letter instead of a small case italicized)
Finding Standards on OSHA’s Website
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Finding Standards on OSHA’s Website
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Proprietary and Consensus Standards
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General Duty Clause • Section 5(a)(1) of the Act • Employers must furnish a place of employment free from recognized hazards • Applies when there is no specific standard 35
Reporting and Recordkeeping • Employers must maintain records of workplace injuries and illnesses • Records must be available for the previous five years • Partial exemption for: – Businesses with 10 or fewer employees (company wide) – Low hazard business (determined by NAICS code) https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_t able=STANDARDS&p_id=12791
– NAICS Lookup - http://www.naics.com/search/ 36
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Reporting and Recordkeeping
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Reporting and Recordkeeping OSHA Form 300
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Reporting and Recordkeeping OSHA Form 301
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Reporting and Recordkeeping OSHA Form 300a
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Reporting and Recordkeeping Report directly to OSHA: • Within 8 hours • Fatality • Within 24 hours (NEW in 2015)
• Inpatient hospitalizations • Amputations • Loss of eye • Within 30 days • Mechanical power press point of operation injuries • 1-800-321-OSHA (6742) 41
Summary of Section 3 Standards • OSHA standards are broken into parts. Which part contains standards for General Industry? • What must employers report to OSHA within eight hours?
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OSHA Inspection Process Section 4
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Inspection Priorities •
Imminent danger
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Catastrophes and fatal accidents
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Employee complaints • Formal vs informal
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Referrals
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Planned or Targeted inspections
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Follow-up inspections 44
Inspection Priorities • New in 2015 • Focus on complexity of inspections vs. number of inspections – – – – – – – – – – – –
Significant Cases - 8 EUs Process Safety Management Inspections - 7 EUs Ergonomic Hazard Inspections - 5 EUs Heat Hazard Inspections - 4 EUs Non-PEL Exposure Hazard Inspections - 3 EUs Workplace Violence Hazard Inspections - 3 EUs Fatality / Catastrophe Inspections - 3 EUs Federal Agency Inspections - 2 EUs Combustible Dust Inspections - 2 EUs Personal Sampling Inspections - 2 EUs Non-formal Complaint Investigations - 1/9 EU Rapid Response Investigations - 1/9EU 45
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Inspection Process
• Opening conference • Walkaround • Closing conference
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OSHA Citations Inform employers and employees of: •
• • •
Regulations and standards the employer allegedly violated Hazardous working conditions Proposed length of time set for abatement of hazards Any proposed penalties
Citations must be posted near the location where the violation occurred
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Violations and Penalties • As of August 1, 2016 – Other-than-serious (up to $7,000) $12,675 per violation – Serious (up to $7,000) $12,675 per violation – Posting Requirements (up to $7,000) $12,675 per violation – Willful (up to $70,000) $126,749 per violation – Repeated (up to $70,000) $126,749 per violation – Failure to abate (Up to $7,000 $12,675 per day beyond the abatement date) 48
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Appeals Process
• May seek an informal conference or settlement prior to contest
• Contest must be done within 15 working days • In writing to area office 49
Summary of Section 4 OSHA Inspection Process
• What are the stages of an OSHA inspection? • What are the types of OSHA violations?
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Implementing a Safety and Health Management System Section 4
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Safety and Health Management System Elements: 1. Management Leadership and Employee Involvement 2. Worksite Analysis 3. Hazard Prevention and Control
4. Safety and Health Training 5. Program Evaluation and Improvement 6. Multi-Employer Coordination
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Element 1 - Management Leadership and Employee Involvement Management Leadership • Motivating force and resources
• Safety and health is a fundamental value • Safety pays
Employee Involvement • Workers develop and express their own commitment to safety and health, for themselves and fellow workers 53
Management Leadership and Employee Involvement • Policy • Goals and Objectives • Management Leadership • Management Example • Responsibilities
• Employee Involvement • Authority • Resources • Accountability • Program Evaluation 54
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Group Exercise • Question 1: What are some ways Management can demonstrate commitment to safety and health? • Question 2: What are some ways to involve employees in safety and health?
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Element 2 – Worksite Analysis Involves 4 major actions: • Comprehensive survey of facility • Change analysis • Routine job hazard analyses (JHA) • Periodic and daily inspections • Small business handbook
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Worksite Hazard Analysis • Comprehensive Surveys • Safety Inspections • Routine Hazard Analysis (JHA) • Change Analysis
• Accident Investigation • Hazard Reporting • Trend Analysis
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Hazard Detection Workshop
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Element 3 – Hazard Prevention and Control Systems used to prevent and control hazards include: • Engineering controls • Safe work practices • Administrative controls • Personal protective equipment 76
Hazard Prevention and Control • • • • • •
Timely Hazard Control Emergency Equipment Emergency Planning Preventive Maintenance Medical Program (Emergency) Medical Program (Health Care Providers)
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Element 3 – Hazard Prevention and Control
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Element 4 – Safety and Health Training Types of training include: • Orientation training • Facility safety rules • Hazard recognition training • Training required by OSHA standards • • • •
Lockout tagout Forklifts Emergency action plan Hazard communication 79
Safety Culture • Culture is a combination of an organization’s: – Attitudes – Behaviors – Values – Ways of doing things – Other shared characteristics of a particular group 80
Safety Culture • An organization’s culture can: – Socialize newcomers – Determine influence – Define influence
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Safety Culture • A strong safety culture is the result of: – Positive attitudes – Involvement – Policies and procedures that serve as reference tools, rather than obscure rules
– Mutual goals that are measurable – Training on all levels – Responsibility and Accountability
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Summary of Section 5 Implementing a Safety & Health Management System • What are the four elements of a safety and health management system? • What are some important factors in making your safety and health program successful?
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Assistance to Small Businesses Section 6
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Office of Small Business Assistance
• Serves as liaison within OSHA for small businesses • Provides outreach and compliance assistance to small businesses https://www.osha.gov/ dcsp/smallbusiness/ • Administers On-Site Consultation Program 85
On-Site Consultation Program • Free, confidential advice to small and medium-sized businesses • Priority to high-hazard worksites • Separate from enforcement • No penalties or citations • Georgia Tech Consultation program website – http://www.oshainfo.gatech.edu
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SHARP • Exceptional achievement for small businesses • Recognition of safety and health achievements • Exemption from programmed OSHA inspections (up to 2 years initial, and 3 years upon renewal)
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SHARP Requirements: • • • • •
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Request a comprehensive consultation visit from your On-site Consultation office that involves a complete hazard identification survey Involve employees in the consultation process Correct all hazards identified by the consultant Implement and maintain a best practice injury and illness prevention program Maintain your company's Days Away, Restricted, or Transferred (DART) rate and Total Recordable Case (TRC) rate below the national average for your industry Agree to notify your state's On-site Consultation office prior to making any changes in the working conditions or introducing new hazards into the workplace.
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Compliance Assistance • NIOSH • Compliance assistance resources (Publications) • Compliance Assistance Specialists (CASs) • Recordkeeping Coordinators • OSHA website
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Other Cooperative Programs
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OSHA Website • Compliance Assistance Quickstart
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OSHA Website • E-tools
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Training • OSHA Office of Training and Education • OSHA Training Institute Education Centers
• www.oshainfo.gatech.edu
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OSHA Temp Worker Initiative
• https://www.osha.gov/temp_workers/
Temporary Worker Hazards • Free training under OSHA Susan Harwood Grant • Covers: – – – –
Temporary worker hazard recognition Recordkeeping criteria Host employer responsibilities Staffing agency responsibilities
• Register at: – http://www.eventbrite.com/o/georgia-techstemp-worker-hazards-training-7640402037 95
Summary of Section 6 Assistance to Small Businesses • What are some benefits of working with the On-Site Consultation program?
• How would you obtain information on resources available to small businesses?
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Review of Objectives • • • • • •
Describe the tools OSHA uses to reduce workplace injuries and illnesses Identify basic employer and employee responsibilities and rights under OSHA Recognize how OSHA standards are organized and developed Select the steps of the OSHA inspection process Recognize the four elements of a safety and health management system Obtain information about compliance assistance 97
Closing • Any questions? • Remember to turn in evaluation forms • Student data sheets
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