Health & Safety
Management
Jerry Henderson, CSHO
University of Texas at Arlington
Proposed Safety and Health
Program Rule
Scope
All employers covered by the
Act except construction and
agriculture.
 The rule applies to hazards
covered by General Duty Clause
and OSHA Standards.

Who’s Covered
What’s Covered
Management’s Basic
Obligation
… “manage workplace safety and
health to reduce injuries, illnesses
and fatalities by systematically
achieving compliance with OSHA
standards and the General Duty
Clause.”
Management’s Basic
Obligation
… “manage workplace safety and
health to reduce injuries, illnesses
and fatalities by systematically
achieving compliance with OSHA
standards and the General Duty
Big Rocks
Clause.”
Core Elements of Program

(i) Management leadership and employee
participation;

(ii) Hazard identification and assessment;
(iii) Hazard prevention and control;
(iv) Information and training; and
(v) Evaluation of program effectiveness.



Grandfather Clause?

Yes!
Meets basic obligation for each core
element; and
 Employer can demonstrate
effectiveness of any component that
differs from core elements.

Management Leadership
The employer must demonstrate
management leadership of the
safety and health program.
Management Leadership
The employer must demonstrate
management leadership of the
safety and health program.
by
Leadership Demonstration


program responsibilities of managers,
supervisors, and employees…
…and hold them accountable.
Provide managers, supervisors, and
employees with the authority, access to
relevant information, training, and
resources they need to carry out their
safety and health responsibilities
Leadership Demonstration

(C) Identify at least one manager,
supervisor, or employee to receive and
respond to reports about workplace
safety and health conditions and, where
appropriate, to initiate corrective action.
Safety Manager
Employee Participation

The employer must provide employees
with opportunities for participation in
establishing, implementing, and
evaluating the program.
Employee Participation



(A) Regularly communicate with
employees about workplace safety and
health matters;
(B) Provide employees with access to
information relevant to the program;
(C) Provide ways for employees to
become involved in hazard identification
and assessment, prioritizing hazards,
training, and program evaluation;
Employee Participation


(D) Establish a way for employees to
report job-related fatalities, injuries,
illnesses, incidents, and hazards promptly
and to make recommendations about
appropriate ways to control those
hazards; and
(E) Provide prompt responses to such
reports and recommendations.
Whistle-Blower?
The employer must not discourage
employees from making reports and
recommendations about fatalities,
injuries, illnesses, incidents, or hazards in
the workplace, or from otherwise
participating in the workplace safety and
health program.
Hazard Identification and
Assessment

Employer must systematically identify
and assess hazards to which employees
are exposed and assess compliance
with the General Duty Clause and OSHA
standards.
Hazard Identification and
Assessment




(i) Conduct inspections of the workplace;
(ii) Review safety and health information;
(iii) Evaluate new equipment, materials,
and processes for hazards before they are
introduced into the workplace; and
(iv) Assess the severity of identified hazards
Big Rocks
and rank those that cannot
be corrected
immediately according to their severity.
Assessment - How
Often???


(i) Initially;
(ii) As often thereafter as necessary to
ensure compliance with the General
Duty Clause and OSHA standards and at
least every two years; and
Assessment - How
Often???

(iii) When safety and health information
or a change in workplace conditions
indicates that a new or increased
hazard may be present.
Employer Investigation?
The employer must investigate each workrelated death, serious injury or illness, or
incident (near-miss) having the potential
to cause death or serious physical harm.
Records Employer Must
Keep?
The employer must keep records of
hazards identified and the actions taken or
plans to take control of those hazards
identified.
Are you melting the whole…
Fatalities
Equipment Damage
Lost Time Injuries
Environmental Accidents
Customer Complaints
INCIDENTS
NEAR MISSES
Or close calls with minor
consequences.
With potential to cause major
accidents, production outages,
or environmental damage.
PROBLEMS
Such as at-risk
behaviors, unreliable
equipment, unsafe conditions,
quality issues, excessive
human errors, environmental
permit violations, bad
designs….
ICEBERG?
Accident Relational Pyramid
1
Fatality
10
Serious Injuries
30
Minor Injuries
600
Near-Misses
Accident Relational Pyramid
1
Fatality
10
Serious Injuries
30
Minor Injuries
600
Near-Misses
Near Miss is 3 seconds on either side of a Fatality
1
2
3
2
1
Near Miss
Minor
Serious
Fatality
Accident Relational Pyramid
1
Fatality
10
Serious Injuries
30
Minor Injuries
600
Near-Misses
Accident Relational Pyramid
1
Fatality
10
Serious Injuries
30
Minor Injuries
600
Near-Misses
Accident Relational Pyramid
Eliminate
10
30
600
Serious Injuries
Minor Injuries
Near-Misses
Reduce
eTools
$afety Pays
Crushing
Crushing
$9,195,565
Hazard Prevention and
Control

The employer's basic obligation is to
systematically comply with the hazard
prevention and control requirements of
the General Duty Clause and OSHA
standards.
Hazard Prevention and
Control

The employer's basic obligation is to
systematically comply with the hazard
prevention and control requirements of
the General Duty Clause and OSHA
standards. If not immediately
Hazard Prevention and
Control


The employer's basic obligation is to
systematically comply with the hazard
prevention and control requirements of
the General Duty Clause and OSHA
standards. If not immediately
The employer must develop a plan for
coming into compliance as promptly as
possible, which includes setting
priorities and deadlines and tracking
progress in controlling hazards.
-10
+10
c. Management Leadership
f. Information & Training
18 Mo.
9 Mo.
36 Mo.
18 Mo.
h. Multi-employer Worksites
d. Hazard Assessment
e. Hazard Prevention & Control
g. Evaluation