• Nearly 50 American workers are injured every minute of the
40-hour work week and almost 17 die each day (OSHA)
• In 2003: 111 million workers at 7 million sites
• In 2003: OSHA Inspectors: 1,123
General Duty Clause
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
* Responsibility of employers to identify problems that the
government does not identify
Types of Standards
• Interim: Standards developed early after the Act was passed
• Permanent: Standards Developed through a long, intricate process;
difficult to remove them once they are established.
• Emergency: Issued by the Department of Labor if it is determined that
workers are exposed to hazards that pose a grave danger. After developed,
these standards must go through hearings to establish a permanent
standard within a 6-month time frame.
Variances
(e.g., applied for when a company cannot
comply with a standard)
Temporary
1) Company establishes plans and a time table for compliance
2) Company presents evidence as to why they cannot comply with a
standard by a given deadline
3) Company presents information to employees regarding their inability
to comply and of their right to contest the company’s application for a
variance
Permanent
Can be received if the company can provide evidence that the same degree
of safety can be attained by some alternative (e.g., method, material)
Inspections
Why are they conducted?
• A reported or recognized situation presenting "Imminent Danger" to the safety of
employees
• Following a fatality or a catastrophic incident
• In response to employee complaints or referrals
• Programmed Inspections determined by OSHA criteria. (i.e., injury rates above
industry average; on the list of targeted industries)
[Recordkeeping, Accuracy of data]
1) No notification of an inspection is allowed
2) Company and an employee representative accompany the inspector
3) Inspector can enter and investigate any location within the company (is not
required to go beyond the specific complaint area)
Citation contents
• Specific nature of the violation
• Penalties involved
• Abatement period (time frame to eliminate the hazard)
Types of Violations
Willful: A violation that the employer intentionally and knowingly commits.
Willful violations carry penalties of $5,000 to $70,000.
Serious: A violation where there is substantial probability that death or
serious physical harm could result and that the employer knew, or should
have known, of the hazard. A penalty must be proposed and can range up
to $7,000 per serious violation.
Repeat: A violation of any standard, regulation, rule or order where, upon
reinspection, a substantially similar violation is found. Repeated violations
can bring penalties of up to $70,000.
Failure to Abate: Failure to correct a prior violation may result in civil
penalties of up to $7,000 per day for each day the violation continues
beyond the prescribed abatement date.
Other: A violation that has a direct relationship to job safety and health, but
probably would not cause death or serious physical harm. Penalties are
discretionary, but may range up to $7,000.
Employer Responsibilities
Provide a workplace free from serious recognized hazards and comply with
standards, rules and regulations issued under the OSHA Act.
Examine workplace conditions to make sure they conform to applicable OSHA
standards.
Make sure employees have and use safe tools and equipment and properly
maintain this equipment.
Use color codes, posters, labels or signs to warn employees of potential hazards.
Establish or update operating procedures and communicate them so that
employees follow safety and health requirements.
Provide medical examinations and training when required by OSHA standards.
Post, at a prominent location within the workplace, the OSHA poster (or the stateplan equivalent) informing employees of their rights and responsibilities.
Employer Responsibilities (cont.)
Report to the nearest OSHA office within 8 hours any fatal accident or one that
results in the hospitalization of three or more employees.
Keep records of work-related injuries and illnesses. (Note: Employers with 10 or
fewer employees and employers in certain low-hazard industries are exempt)
Provide employees, former employees and their representatives access to the Log
of Work-Related Injuries and Illnesses (OSHA Form 300).
Provide access to employee medical records and exposure records to employees
or their authorized representatives.
Provide the OSHA compliance officer the names of authorized employee
representatives who may accompany the compliance officer during an inspection.
Not discriminate against employees who exercise their rights under the Act.
Post OSHA citations at or near the work area involved. Each citation must remain
posted until the violation has been corrected, or for three working days, whichever
is longer. Post abatement verification documents or tags.
OSHA --- Some Issues
A) Frequency of inspections
B) Adequacy of fines
C) Cost – Benefit assessment
D) Cause and effect determination (e.g., time factor, type of injury, type of
illness)
E) Workers compensation and ability to sue
Occupation Fatalities [Per 100,000 Workers]
1. Timber cutters 117.8
2. Fishers 71.1
3. Pilots and navigators 69.8
4. Structural metal workers 58.2
5. Drivers-sales workers3 7.9
6. Roofers 37
7. Electrical power installers 32.5
8. Farm occupations 28
9. Construction laborers 27.7
10. Truck drivers 25