Trainer 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
Historical Perspectives
• 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 Perspectives
• 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
Historical Perspectives
• 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."
OSH Act of 1970 becomes Law
• 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 Law
• 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
and 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
Findings and Purpose
• Encourage employers to reduce workplace
hazards; by implementing safety and health
programs;
• Provide for research in solving occupational
safety and health problems
Section 2 - OSHA’S Purpose
• 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 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 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 CoverageExamples
• 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 - 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.
Section 7 - Advisory Committees;
Administration
• (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.
NACOSH
• 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,
Investigations & Recordkeeping
Section 9 – Citations
Section 10 – Enforcement
Section 11 - Judicial Review
Section 12 - Occupational Safety &
Health 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
Section 13 - Procedures to Counteract
Imminent Dangers
• 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: •Advise employer of imminent
danger
•Advise employees of rights
•Petition Court for relief
Section 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
Section 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
Safety 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 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 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
Act, 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 OSHA's authority to take photographs
during 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.
1903.7 Conduct of Inspections
• CSHO follows company’s safety procedures
• Precludes unreasonable disruption of work
1903.8 Representatives of
Employers & 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
Employees
• 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
warranted; 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
Who Are Indifferent to Their Obligations
Under the OSHAct (3/12/03 John Henshaw
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
Who Are Indifferent to Their Obligations
(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 Priorities
• Imminent Danger, given top priority
• Employees notify employer of imminent
danger
• If no action taken, notify OSHA
Inspection Priorities
• Catastrophes and Fatal Accidents,
given second priority
CPL 2.113 - Fatality Inspection
Procedures - 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.
Inspection Priorities
• 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
Inspection Priorities
• 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 Inspections
• Determines whether previously cited violations
have been corrected.
• “Notification of Failure to Abate”
Failure
to
Abate
Inspector’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 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 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 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 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 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 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
Types of Violations
• 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
Types of Violations
• 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
Types of Violations
• Repeat Violation
• Same or
substantially
similar violation,
• Up to $ 70,000 for
each violation
Standard Interpretations
07/13/1999 - Clarification of OSHA's citation
policy 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
07/13/1999 - Clarification of OSHA's citation
policy 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’
Types of Violations
• Failure to Abate
• Up to $ 7000/day
for each violation
not abated, for a
maximum of 30
days
Types of Violations
• De Minimis
Violation
• No direct relationship
to safety or health
Additional 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
modification 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 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 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 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
1903.15 (b) Proposed Penalties
• 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
1903.16 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
contests
• 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
violation
• 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 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 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