BLR’s Safety Training
Presentations
OSHA and the General Duty Clause
§5(a)(1) OSH Act of 1970
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Goals
 Introduction of OSHA
 General Duty Clause
 Quiz
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Occupational Safety
and Health Act
 Occupational Safety and Health Administration
(OSHA)
 National Institute for Occupational Safety
and Health (NIOSH)
 Occupational Safety and Health Review
Commission (OSHRC)
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OSHA’s Mission
 OSHA exists to save
lives, prevent injuries,
and protect the health
of America’s workers.
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA’s Results
 Fatalities reduced 50% to slightly under
6,000 annually
 Injuries and illnesses reduced 40% to
5.2 million
 U.S. employment has doubled to 111
million workers
 7 million worksites are covered by OSHA
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OSHA’s Resources
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2003 budget of $437 million
Staff of 2,303 with 1,087 inspectors
Oversees 26 state-run OSHA programs
2,960 state employees with 1,327 state
inspectors
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OSHA’s Strategies
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Enforcement
Partnerships
Rulemaking
Outreach
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Inspections in Year 2002
Federal OSHA
 37,493 inspections
 78,433 violations
 $72,827,278 in
penalties
State OSHA programs
 58,402 inspections
 144,075 violations
 $75,871,882
in penalties
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
What Prompts an
OSHA Inspection?
 Reports of
imminent danger
 Fatalities or
catastrophes
 Employee complaints
 Referrals from
other agencies
 Targeted facilities
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Citations and Penalties
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Willful: $5,000 to $70,000
Serious: Up to $7, 000
Repeat: Up to $70,000
Failure to abate: Up to $7,000 for each day
Other: Up to $7,000
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Partnerships
 Voluntary Protection
Program (VPP)
 OSHA Strategic
Partnership Program
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OSHA Outreach Programs
 OSHA Consultation
Program
 Compliance
Assistance Specialists
 Training grants
 Small business
assistance
 Interactive software
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
OSHA Standards
 Safety and health rules
 Protect workers
from hazards
 Justified through
science and research
 Written in a
simple format
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Goals
 Introduction of OSHA
 General Duty Clause
 Quiz
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
General Duty Clause
 “Each employer shall furnish to each of
his employees employment and a place of
employment which is free from recognized
hazards that are causing or are likely to
cause death or serious physical harm to his
employees.”
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employer Duties
 “Each employer shall
comply with occupational safety and health
standards promulgated
under this Act.”
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Employee Duties
 “Each employee 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.”
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Violations of the
General Duty Clause
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No specific standard covers a hazard
Serious risk is involved
Employer should have recognized the hazard
“Significant findings letter” sent to employer
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Employee Rights to Information
 OSH Act and
OSHA Standards
 Company safety
and health records
 Company written
safety and health
programs
 Monitoring and testing results
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employee Rights and Protection
 Complain to
OSHA about
safety concerns
 Participate in
OSHA inspections
 Discuss safety with
other employees
 Ask employer to correct
unsafe conditions
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Employee Responsibilities
 Follow OSHA and
employer safety rules
 Wear required PPE
 Report workplace
hazards
 Report job-related
injuries or illnesses
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Goals
 Introduction of OSHA
 General Duty Clause
 Quiz
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Summary
 OSHA exists to save lives and prevent injuries
 OSHA uses enforcement, partnership,
rulemaking, and outreach
 Employers shall furnish a workplace free
of hazards
 Employees must follow OSHA safety rules
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Quiz
1. Since 1971, OSHA has reduced
workplace fatalities by 50%.
True or False
2. OSHA was the only agency formed
by the Occupational Safety and
Health Act of 1970.
True or False
3. What is OSHA’s Mission:
4. OSHA has over 10,000 inspectors.
True or False
5. Name one thing that will prompt an
OSHA inspection: ______________________
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Quiz (cont.)
6. What type of citation carries the highest penalty?
7. Name one of the strategies that OSHA
uses to accomplish its mission:
8. The General Duty Clause requires
employers to provide a workplace
free of recognized hazards.
True or False
9. Employees do not have any responsibility
according to the General Duty Clause.
True or False
10. Give one example of information that employees
have a right to obtain: ______________________
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.
Quiz Answers
1. True. Fatalities have been reduced to just
under 6,000 annually.
2. False. Two other agencies were formed: National
Institute for Occupational Safety and Health (NIOSH)
and the Occupational Safety and Health Review
Commission (OSHCR).
3. OSHA exists to save lives, prevent injuries, and
protect the health of workers.
4. False. OSHA has just over 1,000 inspectors.
5. Report of imminent danger, fatality or catastrophe,
employee complaint, referral, targeted inspection.
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Quiz Answers (cont.)
6. Willful and repeat citations carry penalties
of up to $70,000.
7. Enforcement, partnership, rulemaking, outreach.
8. True.
9. False. Employees are required to follow the
requirements of OSHA standards, rules, and
regulations.
10. OSHA standards, company safety records,
company written safety programs, results of
monitoring and testing.
11006133/0109 Copyright © 2001 Business & Legal Reports, Inc.