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					OSHA




 February 16, 2011
    OSHAct

   Signed by President Nixon 12/1970 after
    legislative efforts begun by President Johnson in
    1966
   “To assure safe and healthful working
    conditions”
   Set standards, enforcement, training, educate,
    compliance assistance, research, etc.
OSHAct History

   State factory safety and health laws
    –   First in Massachusetts (1877) and then in several
        other states
    –   Required inspectors with varied authority
    –   Dealt with issues such as machine guarding, fire
        exits, etc.
    –   Piecemeal and state-by-state
OSHA

   1972                               2009
    –   Worker injuries/illnesses       –   Worker injuries/illnesses
            10.9 per 100 workers               3.6 per 100 workers




   1970                               2008
    –   Worker deaths                   –   Worker deaths
            14,000                             5,214
    OSHAct History

   Workplace tragedies impacts include:
    –   Mining disaster in1907 in Monongah, West Virginia
        where 362 coal miners were killed led to creation of
        US Bureau of Mines in 1910
    –   Triangle Shirtwaist factory fire in New York in 1911
        resulting in 146 garment worker deaths led to state
        level changes
    –   Mining disaster in 1968 in Farmington, West Virginia
        where 68 miners were killed led to passage of the
        Coal Mine Health and Safety Act in 1969
OSHAct History

   Establishment of workers’ compensation laws
    (first in Wisconsin in 1911 and by 1921 most
    states had enacted such programs)
   Development of state industrial commissions to
    develop and enforce safety and health
    regulations
     OSHAct History
   US Department of Labor created in 1913 and it compiled industrial
    accident statistics
   Bureau of Labor Standards created in 1934
   Social Security Act of 1935
   Fair Labor Standards Act of 1938
   Walsh-Healey Public Contracts Act of 1936
   Longshoremen’s and Harbor Workers’ Compensation Act
    amendments in 1958
   DOL issued mandatory health and safety guidelines under Walsh-
    Healey Act in 1960
   Public Health Service report “Protecting the Health of Eighty Million
    Americans” in 1965
OSHA


          Created 3 federal agencies:
           –   OSHA
           –   NIOSH
           –   OSH Review Commission
OSHA


          Reduction in workplace injuries and
           deaths
          Coverage
          Federal and state plans
OSHA

   OSHAct: Employers

    –   Employers “shall comply with occupational safety
        and health standards promulgated under this Act”
    –   Employers are subject to General Duty Clause
OSHA

   OSHAct: Employees
    –   Employees “shall comply with occupational safety
        and health standards and all rules, regulations, and
        orders issued pursuant to this Act which are
        applicable to his own actions and conduct”
    –   Employee right to refuse dangerous work under
        certain conditions
    –   Employees are not cited
OSHA


   Standard Setting
    –   Initial standard setting (using available national
        standards)
    –   Subsequent standard setting
    –   Emergency standard setting (grave danger)
OSHA


          Standard Setting
           –   Types of standards:
                   General Industry
                   Construction
                   Maritime
                   Agriculture
OSHA

   Standard Setting
    –   Applies to new, modification, revocation
    –   Can begin internally or from outside request
    –   May request advisory input
    –   Publish advanced notice/proposed rules in Fedreal
        Register with opportunity for public input
    –   Issue rule or determine rule not issued
OSHA

   Standard Setting
    –   For toxic materials or harmful physical agents:
         “shall set the standard which most adequately assures, to the
           extent feasible, on the basis of the best available evidence,
           that no employee will suffer material impairment of health
           or functional capacity even if such employee has regular
           exposure to the hazard .. for the period of his working life.”
OSHA


    Standards
     –   Can be specification or performance-based
     –   Typical components include exposure limits,
         control technology, medical examinations,
         labels/warnings, training/education, monitoring,
         etc.
OSHA

   Bases for Standard Challenges include:


          Standard setting process not followed
          Technical feasibility
          Economic feasibility
          Benefit to worker safety/health not proven
OSHA


          Variances
          Interpretations
          Enforcement Directives
OSHA

   Standards (29 CFR 1910)
    –   Multiples types including personal protective
        equipment, scaffolds, fall protection, noise,
        ventilation, hazardous materials, confined spaces,
        lockout/tagout, fire protection, machinery, electrical,
        toxic and hazardous substances, hazard
        communication, etc.
OSHA


          Standard Setting Examples
           –   Bloodborne Pathogens
           –   Indoor Air Quality
           –   Air Contaminants
           –   Ergonomics
OSHA

   General Duty Clause
    –   Applies when no specific standard applies
    –   “Each employer shall furnish to each of his
        employees employment and a place of employment
        which are free from recognized hazards that are
        causing or are likely to cause death or serious
        physical harm to his employees”
OSHA

    General Duty Clause Violations
    1.   Failure to keep workplace free of hazard
    2.   Hazard recognized by employer or employer’s
         industry
    3.   Recognized hazard causing or likely to cause
         death or serious physical harm
    4.   Feasible means to eliminate or materially reduce
         hazard
OSHA

     Enforcement activities
      –   Programmed/Unprogrammed Inspections (ex.
          Severe Violator Enforcement Program, Local
          Emphasis Programs, etc.)
      –   Citations
      –   Criminal Prosecutions (DOJ)
      –   Whistleblower Provisions
OSHA


          www.osha.gov
          OSHA QuickTakes newsletter

				
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