Osha
Osha
Osha
2003
This booklet provides a general overview of basic
topics related to OSHA and how it operates. Information
provided does not determine compliance responsibilities
under OSHA standards or the Occupational Safety and
Health Act of 1970. Because interpretations and
enforcement policy may change over time, you should
consult the agency for the most up-to-date information.
Much of it is available at the website: www.osha.gov.
The website also includes locations and phone numbers
for OSHA offices around the country. If you do not have
access to the website, call (800) 321-OSHA (6742). This
information is available to sensory impaired individuals
upon request. Voice phone: (202) 693-1999;
teletypewriter (TTY) number: (877) 889-5627.
Occupational Safety
and Health Administration
U.S. Department of Labor
OSHA 2056-07R
2003
www.osha.gov
2 Purpose & History
4 OSH Act
OSHA Coverage
Rights and Responsibilities Under the Act
Legal Protections
Public-Sector Employees
Advisory Groups
11 State Programs
36 OSHA Quotes
37 Regional Offices
38 Index
www.osha.gov
More than three decades ago, the Occupational Safety and Health
Act of 1970 created the Occupational Safety and Health Administration
to help employers and employees reduce injuries, illnesses, and
deaths on the job in America. Since then, workplace fatalities have
been cut by 62 percent and occupational injury and illness rates have
declined 40 percent. At the same time, U.S. employment has doubled
and now includes nearly 115 million workers at 7 million sites.
For business, protecting workers’ safety and health is the right thing to
do. It saves money and adds value to the organization. When workers
stay whole and healthy, businesses experience lower workers’
compensation insurance costs, reduced medical expenditures,
decreased payout for return-to-work programs, fewer faulty products,
and lower costs for job accommodations for injured workers. There
are also indirect benefits such as increased productivity, lower costs
for training replacement workers, and decreased costs for overtime.
www.osha.gov
1
Why OSHA is necessary
Purpose & History
Until 1970, no uniform or comprehen-
sive provisions existed to protect
against workplace safety and health
OSHA’s establishment hazards. At that time:
• Job-related accidents accounted
OSHA stands for the Occupational for more than 14,000 worker
Safety and Health Administration, deaths,
an agency of the U.S. Department of • Nearly 2.5 million workers were
Labor. The U.S. Congress, led by U.S. disabled by workplace accidents
Senator Harrison A. Williams Jr. and and injuries,
Purpose & History
1
Public Law 91-596, Dec. 29,1970; as amended by P.L. 101-552, Nov. 5, 1990; as amended by P.L.
www.osha.gov 105-198, July 16, 1998; as amended by P.L. 105-241, Sept. 29, 1998.
2
OSHA’s continued role • Promotes safe and healthful work
environments through cooperative
Despite these important successes, programs, partnerships, and
significant hazards and unsafe alliances;
conditions still exist in U.S. workplaces. • Establishes responsibilities and
Each year: rights for employers and
• Almost 6,000 Americans die from employees to achieve better safety
workplace injuries; and health conditions;
• Perhaps as many as 50,000 • Supports the development of
workers die from illnesses in innovative ways of dealing with
which workplace exposures were workplace hazards;
a contributing factor; • Maintains a reporting and record-
• Nearly 6 million people suffer keeping system to monitor
non-fatal workplace injuries; and job-related injuries and illnesses;
• The cost of occupational injuries • Establishes training programs to
and illnesses totals more than increase the competence of
$170 billion. occupational safety and health
personnel;
What OSHA does • Provides technical and compliance
assistance and training and educa-
OSHA uses three basic strategies, - tion to help employers reduce
authorized by the Occupational Safety worker accidents and injuries;
and Health Act, to help employers and • Works in partnership with states
employees reduce injuries, illnesses, that operate their own occupational
and deaths on the job: safety and health programs; and
• Strong, fair, and effective • Supports the Consultation
enforcement; Service.
• Outreach, education, and
compliance assistance; and
• Partnerships and other
cooperative programs.
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• Employees whose working
OSH Act conditions are regulated by other
federal agencies under other
federal statutes. These include
OSHA Coverage mine workers, certain truckers
and transportation workers, and
Who the act covers atomic energy workers;
• Public employees in state and
The OSH Act covers all private-sector local governments; some states
employers and their employees in the 50 have their own occupational
states and all territories and jurisdictions safety and health plans that
under federal authority. Those jurisdic- cover these workers.
tions include the District of Columbia,
Puerto Rico, the Virgin Islands, Responsibilities and Rights
American Samoa, Johnston Island, the
Under the OSH Act
Canal Zone, and the Outer Continental
Shelf Lands as defined in the Outer
Employer Responsibilities
Continental Shelf Lands Act.
If you are an employer, you must:
OSH Act
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• Warn employees of potential Employer Rights
hazards;
• Establish or update operating If you are an employer, you have the
procedures and communicate right to:
them to employees; • Seek free advice and on-site
• Provide medical examinations consultation; In the event
when required; • Be involved in job safety and of a workplace
• Provide training required by health through your industry emergency:
OSHA standards; association;
• Report within eight hours any • Request and receive proper Call (800) 321-OSHA
accident that results in a fatality identification of OSHA (6742) if there is a life-
or the hospitalization of three or compliance officers; threatening situation.
more employees; • Be advised by the compliance OSHA will refer
• Keep OSHA-required records of officer of the reason for an callers immediately
work-related injuries and illnesses; inspection; to the nearest OSHA
• Post a copy of OSHA 300A, • Have an opening and closing area or state office if
Summary of Work-Related conference with the compliance the state is a state-
Injuries and Illnesses, for the officer; plan state.
previous year from February 1 • Accompany the compliance
to April 30; officer on the inspection; For more information
• Post, at a prominent location • File a notice of contest to dispute on any OSHA
within the workplace, the OSHA inspection results; program, contact your
“It’s The Law” poster (OSHA • Request an informal settlement nearest OSHA area or
3165) informing employees of agreement process after an regional office listed
their rights and responsibilities; inspection; on the website at
• Provide employees, former • Apply for a variance from a www.osha.gov or by
employees, and their representa- standard’s requirements when calling the toll-free
tives access to the Log of Work- technical expertise and materials number.
Related Occupational Injuries and are unavailable and other means
Illnesses (OSHA 300) at a have been provided to protect
reasonable time and in a employees;
reasonable manner; • Take an active role in developing
• Provide access to employee safety and health programs;
medical records and exposure • Be assured of the confidentiality
records to the employee and of any trade secrets;
others as required by law; • Submit a written request to the
• Cooperate with OSHA National Institute for Occupational
compliance officers; Safety and Health (NIOSH)
• Not discriminate against for information on whether any
employees who properly exercise substance in your workplace has
their rights under the OSH Act; potentially toxic effects in the
• Post OSHA citations and concentrations being used; and
abatement verification notices at • Submit information or comments
or near the worksite involved; and to OSHA on the issuance,
• Abate cited violations within the modification, or revocation of
prescribed period. OSHA standards and request a
public hearing.
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Employee Responsibilities • Be advised of OSHA actions
regarding your complaint and
Employees are expected to comply have an informal review of any
with all applicable standards, rules, decision not to inspect or to issue
regulations, and orders issued under a citation;
the OSH Act. • Have your authorized employee
representative accompany the
If you are an employee, you should: OSHA compliance officer during
• Read the OSHA “It’s The Law” an inspection;
poster (OSHA 3165) at the • Respond to questions from the
jobsite; OSHA compliance officer;
• Comply with all applicable • Observe any monitoring or
OSHA standards; measuring of hazardous materials
• Follow all employer safety and and see any related monitoring or
health rules and regulations, and medical records;
wear or use prescribed protective • Review the Log and Summary of
equipment while engaged in Work-Related Injuries and
work; Illnesses (OSHA 300 and 300A)
• Report hazardous conditions to at a reasonable time and in a
the supervisor; reasonable manner;
• Report any job-related injury or • Request a closing discussion
illness to the employer, and seek following an inspection;
treatment promptly; • Submit a written request to
• Cooperate with the OSHA the National Institute for
compliance officer conducting an Occupational Safety and Health
inspection; and for information on whether any
• Exercise your rights under the substance in your workplace has
OSH Act in a responsible manner. potentially toxic effects in the
concentrations being used and
Employee Rights have your name withheld from
your employer;
If you are an employee, you have • Object to the abatement period
the right to: set in a citation issued to your
• Review copies of appropriate employer;
OSHA standards, rules, • Participate in hearings conducted
regulations, and requirements that by the Occupational Safety and
the employer should have Health Review Commission;
available at the workplace; • Be notified by your employer if he
• Request information from your or she applies for a variance, and
employer on safety and health testify at a variance hearing and
hazards, precautions, and appeal the final decision; and
emergency procedures; • Submit information or comments
• Receive adequate training and to OSHA on the issuance,
information; modification, or revocation of
• Request that OSHA investigate if OSHA standards and request a
you believe hazardous conditions public hearing.
or violations of standards exist in
your workplace;
• Have your name withheld from
your employer if you file a
www.osha.gov complaint;
6
If your workplace is unsafe or concerned about confidentiality, you
unhealthful… may prefer to file your complaint from
your home computer or a computer in
to file a complaint… your local library.
If your workplace has unsafe or
unhealthful working conditions, often Download the OSHA complaint form,
the best and fastest way to get it complete it and then fax or mail it to
corrected is to notify your supervisor your local OSHA office or you may
or employer. Employees also may file simply contact your local OSHA office
a complaint by phone, mail, email, or to receive a copy of the complaint
fax with the nearest OSHA office and form. Be sure to include your name,
request an inspection. You may address, and telephone number so we
request that OSHA not reveal your can contact you. NOTE: To view and
name. To file a complaint, call (800) print the complaint form, you must
321-OSHA (6742) or contact the near- have the Adobe Acrobat Reader on
est OSHA regional, area, state plan, or your computer.
consultation office listed at
www.osha.gov. to refuse unsafe work…
The teletypewriter (TTY) number is Refusing to do a job because of
(877) 889-5627. potentially unsafe workplace condi-
tions is not ordinarily an employee
You can also file a complaint online. right under the law and may result in
Most online complaints are addressed disciplinary action by your employer.
by OSHA’s phone/fax system. That However, if you have reasonable
means they may be resolved informal- grounds to believe that you are
ly over the phone with your employer. exposed to an imminent danger on
Written, signed complaints submitted the job, you do have the right to
to OSHA area or state-plan offices are refuse to do a job. Remain at the job-
more likely to result in on-site OSHA site until the problem can be resolved
inspections. Complaints from workers because OSHA many not be able to
in OSHA-approved state-plan states protect you if you walk off the job.
will be forwarded to the appropriate
state plan for response. If you are For more information, visit the
www.osha.gov
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• Refusing to work when a • Surface Transportation
dangerous situation threatens Assistance Act (180 days)
death or serious injury where Provides discrimination protections
there is insufficient time to contact for truck drivers and other employ-
OSHA and where the employee ees relating to the safety of commer-
has sought from his or her cial motor vehicles. Coverage
employer and been unable to includes all buses for hire and
obtain a correction of the freight trucks with a gross vehicle
dangerous conditions. weight greater than 10,001 pounds.
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federal employees (except for advises, consults with, and makes
corporations and certain recommendations to the
intelligence agencies) to file their Secretaries of Labor and HHS on
reports of reprisal with the Office matters regarding administration
of Special Counsel at the U.S. of the OSH Act; and
Merit Systems Protection Board.
(For more information about • The Advisory Committee on
whistleblower protections, Construction Safety and Health
see page 8.) (ACCSH), which advises the
Secretary of Labor on construction
State and local government safety and health standards and
worker coverage other regulations.
The two standing, or statutory, advisory OSHA may occasionally form short-
committees are: term advisory committees to advise the
agency on specific issues.
• The National Advisory Committee
on Occupational Safety and
Health (NACOSH), which
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must demonstrate that within three
State Programs years it will provide standards-setting,
enforcement, and appeals procedures;
public employee protection; a sufficient
State safety and health number of competent enforcement
programs personnel; and training, education, and
technical assistance programs.
State plans are OSHA-approved job
safety and health programs operated by In states with approved plans, OSHA
individual states instead of federal generally limits its enforcement activity
OSHA. The OSH Act encourages states to areas not covered by the state and
to develop and operate their own job suspends all concurrent federal
safety and health plans and precludes enforcement.
state enforcement of OSHA standards
State Programs
unless the state has an approved plan. Once the state is operating at least as
OSHA approves and monitors all effectively as federal OSHA and meets
state plans. other requirements, OSHA grants final
approval of the plan and ceases federal
Once a state plan is approved under authority in those areas over which the
Section 18(b) of the OSH Act, OSHA state has jurisdiction.
funds up to 50 percent of the program’s
operating costs. State plans must State program coverage
provide standards and enforcement
programs as well as voluntary States with approved plans cover most
compliance activities that are at least as private sector employees as well as state
effective as the federal program. and local government workers in the
state. Federal OSHA continues to cover
State plans covering the private sector federal employees and certain other
also must cover state and local govern- employees specifically excluded by a
ment employees. OSHA rules also state plan—for example, those who
permit states to develop plans that work in maritime industries and on
cover only public sector (state and local military bases.
government) employees. In these cases,
private sector employment remains State workplace
under federal OSHA jurisdiction. inspections
Twenty-three states operate complete
plans and three cover only the public States with approved state plans
sector. These states are listed on the respond to accidents and workplace
OSHA website at www.osha.gov. complaints and conduct random
unannounced inspections, just like
OSHA approval for federal OSHA. The states issue citations
state plans and proposed penalties under state law
and adjudicate disputes through a state
To gain OSHA approval as a “develop- review board or other procedure.
mental plan,” the first step in the state
plan approval process, a state must
have adequate legislative authority and
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Federal monitoring of State safety and health
state plans standards
Federal OSHA closely monitors state State safety and health standards under
programs. Anyone finding inadequacies approved plans must be identical to or
or other problems in the administration at least as effective as federal OSHA
of a state program may file a Complaint standards and must keep pace with
About State Program Administration federal standards. State plans must
(CASPA) with the appropriate OSHA adopt standards comparable to federal
regional administrator. OSHA investi- standards within six months after a
gates all these complaints and, where federal standard takes effect. Most state
they are found to be valid, requires plan standards are very similar to
appropriate corrective action. federal standards, but states with
approved plans may have different and
Employer rights and independent standards.
responsibilities
To find out if your state operates an
State plans must guarantee the same OSHA-approved state program, visit
employer and employee rights as www.osha.gov.
OSHA. Employer and employee
responsibilities in states with their own
occupational safety and health
programs are generally the same as in
states under federal OSHA.
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12
The Standards-Setting
Standards Process
& Guidance
Deciding to develop
Requirements a standard
OSHA issues standards for a Each spring and fall, the Department of
wide variety of workplace hazards, Labor publishes in the Federal Register
including: a list of all regulations that have work
• Toxic substances, under way. The Regulatory Agenda
• Harmful physical agents, provides a schedule for the development
• Electrical hazards, of standards and regulations so employ-
• Fall hazards, ers, employees, and other interested
• Trenching hazards, parties know when they can be expected.
• Hazardous waste,
• Infectious diseases, How OSHA develops
• Fire and explosion hazards, standards
• Dangerous atmospheres, and
• Machine hazards. OSHA publishes its intention to pro-
pose, amend, or revoke a standard in
In addition, where there are no the Federal Register, either as:
specific OSHA standards, employers • A Request for Information or an
must comply with the OSH Act’s Advance Notice of Proposed
“general duty clause.” The general Rulemaking or announcement of
duty clause, Section 5(a)(1) requires a meeting to solicit information to
that each employer “furnish ... a place be used in drafting a proposal; or
of employment which is free from • A Notice of Proposed Rule-
recognized hazards that are causing or making, which sets out the
are likely to cause death or serious proposed new rule’s requirements
physical harm to employees.” and provides a specific time for
the public to respond.
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Interested parties may submit written OSHA then publishes the emergency
information and evidence. OSHA also temporary standard in the Federal
may schedule a public hearing to con- Register, where it also serves as a
sider various points of view. proposed permanent standard. The
usual procedures for adopting a
After reviewing public comments, evi- permanent standard apply, except
dence, and testimony, OSHA publishes: that a final ruling should be made
• The full text of any standard within six months.
amended or adopted and the date
it becomes effective, along with an Congressional jurisdiction
explanation of the standard and over OSHA standards
the reasons for implementing it;
or OSHA submits all final rules to
• A determination that no standard Congress and the General Accounting
or amendment is necessary. Office for review. Congress has the
authority to repeal a standard by
Input from other passing a joint resolution under an
government agencies expedited procedure established by the
Small Business Regulatory Enforcement
Other government agencies, such as and Fairness Act, or SBREFA, but has
NIOSH, can recommend standards to done so only once. For the repeal to
OSHA. The OSH Act established the take effect, the joint resolution must be
National Institute for Occupational signed by the President.
Safety and Health under the
Department of HHS as the research Employer recourse
agency for occupational safety and
health. NIOSH conducts research on An employer who is unable to comply
various safety and health problems, with new requirements or anyone who
provides technical assistance to OSHA, disagrees with a new standard can:
and recommends standards for OSHA’s • Petition a court for judicial
adoption. (For more information, call review;
(800) 35-NIOSH or visit the agency’s • Request a permanent, temporary,
website at www.cdc.gov/niosh.) or experimental variance from a
standard or regulation; or
Emergency temporary • Apply for an interim order to
standards continue working under existing
conditions while OSHA considers
Under certain limited conditions, a variance request.
OSHA can set emergency temporary
standards that take effect immediately Petitions to modify or
and remain in effect until superseded by withdraw standards or
a permanent standard. To take such an requirements
action, OSHA must determine that:
• Workers are in grave danger due Employers or employees may petition
to exposure to substances or OSHA to modify or revoke standards
agents determined to be toxic or just as they may petition the agency to
physically harmful or to new develop standards. OSHA continually
hazards; and
• An emergency standard is
necessary to protect them.
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14
reviews its standards to keep pace with Variances
developing and changing industrial
technology. A variance grants an employer formal
permission to deviate from a standard’s
Filing a petition for requirements or time frame.
judicial review
Employer requests
Anyone who may be adversely affected for variances
by a final or emergency standard may
file a petition for judicial review. The Employers may ask OSHA for a
objecting party must file the petition variance from:
within 60 days of the rule’s publication • A newly promulgated standard or
with the U.S. Court of Appeals for the regulation if they cannot fully
circuit in which the petitioner lives or comply by the effective date due
has his or her primary place of business. to shortage of materials,
equipment, or professional or
Filing an appeals petition will not delay technical personnel; or
enforcement of a standard, unless the • Requirements of a standard or
Court of Appeals specifically orders it. regulation if they can demonstrate
OSHA issues permanent standards only that their alternative or
after careful consideration of the argu- alternatives provide employees
ments and data received from the public with protection as effective as that
in written submissions and at hearings. provided by the standard or
regulation.
Guidelines versus
standards Types of variances
A guideline is a tool to assist employers An employer applies for a temporary
in recognizing and controlling hazards. variance if he or she cannot comply
It is voluntary and not enforceable with a standard or regulation by its
under the OSH Act. Failure to imple- effective date because professional or
ment a guideline is not itself a violation technical personnel, material, or
of the OSH Act’s general duty clause. equipment are not available, or because
the necessary construction or alteration
Guidelines are more flexible than of facilities cannot be completed in
standards. They can be developed time. While operating under a tempo-
quickly and can be changed easily as rary variance, an employer generally
new information becomes available must meet specific conditions specified
with scientific advances. Guidelines by OSHA.
make it easier for employers to adopt
innovative programs to suit their An employer who can prove that work-
workplaces, rather than inflexible, one- ing conditions, practices, means, meth-
size-fits-all solutions to issues that may ods, operations, or processes at his or
be unique to an industry or facility. her worksite are as safe and healthful as
they would be if the employer complied
with the standard may apply for a
permanent variance. Pending OSHA
approval to grant a permanent variance,
an employer must comply with the
OSHA standard.
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An employer may apply for an In addition, employers must report all
experimental variance if he or she is fatal heart attacks. Deaths from motor
participating in an effort to demonstrate vehicle accidents on public streets
or validate new job safety and health (except those in a construction work
techniques, and either the Secretary of zone) and in accidents on commercial
Labor or the Secretary of HHS has airplanes, trains, subways or buses do
approved that experiment. not need to be reported.
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• Keep injury and illness records mandatory data collection. The agency
and post from February 1 through will notify those employers in advance
April 30 an annual summary of and supply them the necessary forms
occupational injuries and illnesses and instructions.
for each establishment. A company
executive must certify the accuracy What cases to record
of the summary; Reporting and
• Record any fatality regardless of To determine which work-related Recordkeeping
the length of time between the injuries and illnesses must be recorded, Requirements
injury and death; consult the decision tree on page 18.
• Provide, upon request, pertinent OSHA recordkeeping
injury and illness records for Exceptions to the regulations require
inspection and copying by any recording requirements many employers to
representative of the Secretaries of maintain records of
Labor or HHS, or the state during To be considered work-related, there workplace injuries,
any investigation, research, or must be a significant degree of illness, and deaths.
statistical compilation; aggravation to a preexisting injury or Employers must:
• Comply with any additional illness. In addition, cases arising from • Maintain injury and
recordkeeping and reporting eating food and drinking beverages, illness records,
requirements in specific OSHA blood donations, and exercise programs • Report all fatalities,
standards. do not need to be recorded. Common • Report each
cold and flu cases also do not need to accident that
be recorded. There are specific criteria hospitalizes three
Exempt employers
for determining when mental illnesses or more
Employers with 10 or fewer employees are considered work-related and when employees,
are exempt from maintaining the cases should be recorded if employees • Make records
OSHA log of injuries and illnesses are traveling or working at home. For accessible to
unless the Bureau of Labor Statistics more information, visit www.osha.gov. employees,
(BLS) or OSHA notifies them that they • Allow OSHA access
have been selected to participate in a Maintaining to records, and
mandatory data collection. recordkeeping forms • Post an annual
summary of
OSHA also exempts employers in cer- Employers must log injuries and injuries and
tain low-hazard industries such as real illnesses on recordkeeping forms, keep illnesses.
estate agencies and clothing stores, as the logs current and retain them for five
defined in the recordkeeping standard. years at each establishment. Logs must
Exempt employers must still comply be available for inspection by represen-
with requirements to display an OSHA tatives of OSHA, HHS, BLS, or the
“It’s The Law” poster (OSHA 3165) designated state agency within four
and report to OSHA within eight hours hours of the request. Employers are
any accident that results in one or more required to update logs to reflect any
fatalities or the hospitalization of three changes that occur.
or more employees.
Do not send any recordkeeping forms to
A few exempt employers will have to OSHA or any other agency. The employ-
maintain records if OSHA or BLS er maintains forms and posts the annual
selects them to participate in a summary in the workplace. If OSHA
inspects the workplace, the employer will
be required to produce the forms.
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Determining if an injury or resulting from events or exposures in
illness is work-related the work environment are presumed to
be work-related.
An employer must consider an injury or
illness to be work-related if an event or
Employers with multiple
exposure in the work environment
worksites
either caused or contributed to the
resulting condition or significantly Employers must keep injury and illness
aggravated a preexisting injury or records for each establishment. OSHA
illness. Most injuries and illnesses defines an establishment as a “single
YES
Is the injury
NO or illness
work-related?
YES
YES
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physical location where business is con- work. In some situations, employees do
ducted or where services are performed.” not report to work at the same place each
day. In that case, records must be kept at
An employer whose employees work in the place from which they are paid or at
dispersed locations must keep records at the base from which they operate.
the place where the employees report for
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525 Hardware Stores 725 Shoe Repair and Shoeshine Parlors
542 Meat and Fish Markets 726 Funeral Service and Crematories
544 Candy, Nut, and Confectionery Stores 729 Miscellaneous Personal Services
545 Dairy Products Stores 731 Advertising Services
546 Retail Bakeries 732 Credit Reporting and Collection Services
549 Miscellaneous Food Stores 733 Mailing, Reproduction, and Stenographic Services
551 New and Used Car Dealers 737 Computer and Data Processing Services
552 Used Car Dealers 738 Miscellaneous Business Services
554 Gasoline Service Stations 764 Reupholstery and Furniture Repair
557 Motorcycle Dealers 78 Motion Picture
56 Apparel and Accessory Stores 791 Dance Studios, Schools, and Halls
573 Radio, Television, & Computer Stores 792 Producers, Orchestras, Entertainers
58 Eating and Drinking Places 793 Bowling Centers
591 Drug Stores and Proprietary Stores 801 Offices and Clinics Of Medical Doctors
592 Liquor Stores 802 Offices and Clinics Of Dentists
594 Miscellaneous Shopping Goods Stores 803 Offices Of Osteopathic Physicians
599 Retail Stores, Not Elsewhere Classified 804 Offices Of Other Health Practitioners
60 Depository Institutions (banks and 807 Medical and Dental Laboratories
savings institutions) 809 Health and Allied Services,
61 Nondepository Institutions (credit Not Elsewhere Classified
institutions) 81 Legal Services
62 Security and Commodity Brokers 82 Educational Services (schools, colleges,
63 Insurance Carriers universities and libraries)
64 Insurance Agents, Brokers, and 832 Individual and Family Services
Services 835 Child Day Care Services
653 Real Estate Agents and Managers 839 Social Services, Not Elsewhere Classified
654 Title Abstract Offices 841 Museums and Art Galleries
67 Holding and Other Investment Offices 86 Membership Organizations
722 Photographic Studios, Portrait 87 Engineering, Accounting, Research,
723 Beauty Shops Management, and Related Service
724 Barber Shops 899 Services, Not Elsewhere Classified
*The Bureau of Labor Statistics is in the process of converting its industry-specific data from Standard
Industrial Classification (SIC) codes to the North American Industry Classification System (NAICS).
In the future, OSHA will change its classifications from SIC to NAICS codes.
www.osha.gov
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Recordkeeping forms Recording zero injuries
or illnesses
Three forms are needed for recordkeeping:
Information If there were no injuries or illnesses
Employers • OSHA 300, Log of Work-Related during the year, employers must enter
Must Post Injuries and Illnesses “zero” on the totals line of the form
Employers must log each recordable and post it. The form must be signed
Employers must dis- occupational injury and illness on this and certified by a company executive.
play at each establish- form within six working days from the
ment, wherever they time the employer learns of it. A Employee privacy
normally post notices complete copy current to within 45
to employees, the fol- calendar days must be present at all Employers must withhold the names of
lowing: times in the establishment if the individuals with sensitive injuries such
• A copy of the totals employer prepares the log at a central as sexual assaults, HIV infections, and
from the previous location using automatic data mental illness.
year’s summary of processing equipment. A substitute for
occupational the OSHA 300 is acceptable if it is as OSHA’s annual survey
injuries and detailed, readable, and understandable
illnesses, OSHA as the OSHA 300. Each year, OSHA collects injury and
300A (February illness information from employers
through April); • OSHA 301, Injury and Illness through the OSHA Data Initiative to
• OSHA “It’s The Incident Report. better direct agency resources and
Law” poster Each employer must complete the improve worker protections. All
(OSHA 3156), or the OSHA 301 form within seven calendar employers in construction and manufac-
state equivalent, days from the time the employer learns turing with 40 or more employees are
informing of the work-related injury or illness. eligible to be included in the initiative.
employees of This form includes more data about In addition, employers from 67 other
their rights and how the injury or illness occurred. industries in other industrial sectors
responsibilities are selected, generally if they are in
under the OSH Act; Employees and former employees are industries rated as “high hazard” or
• Summaries of guaranteed access to their individual with high injury and illness rates.
petitions for OSHA 301 forms. Employee represen- Establishments are selected for inclusion
variances from tatives will be provided access to the in the annual survey based on previous
standards of “information about the case” section of reported injury and illness rates, an
recordkeeping the OSHA 301 form in establishments OSHA intervention, or the periodic
procedures; and where they represent employees. revisiting of former participants in the
• Copies of all OSHA annual survey.
citations for • OSHA Form 300A, Summary of
violations of Work-Related Injuries and Illnesses. OSHA asks employers selected for
standards. These This form was created to make it easier participation to send information
must remain to post and calculate incident rates. already collected on the 300A summary
posted at or near Employers must post copies of the form, required by the OSHA
the location of previous year’s records no later than occupational injury and illness record-
alleged violations February 1 and keep them in place keeping regulation.
for three days, or through April 30.
until the violations
are corrected,
whichever is longer.
www.osha.gov
20
Compliance officer
Programs & Services qualifications
OSHA compliance officers have
specialized knowledge and experience in
How OSHA carries out the occupational safety and health field,
its mission including industrial hygiene, safety
OSHA conducts a broad range of engineering, toxicology, and occupation-
programs and activities to promote al medicine. They receive vigorous
training on OSHA standards and how
www.osha.gov
22
describes the alleged hazards, and then seeing the compliance officer’s
follows up with a fax or letter. The credentials.
employer must respond in writing
within five days, identifying any An OSHA compliance officer carries
problems found and noting corrective U.S. Department of Labor credentials
actions taken or planned. If the bearing his or her photograph and a
response is adequate, OSHA generally serial number that an employer can
will not conduct an inspection. The verify by phoning the nearest OSHA
employee or employee representative office. Posing as a compliance officer is
who filed the original complaint a violation of law; suspected imposters
will receive a copy of the employer’s should be promptly reported to local
response and, if still not satisfied, may law enforcement agencies.
then request an on-site inspection.
Opening conference
If the employee or employee
representative files a written complaint In the opening conference, the
that meets certain conditions, then compliance officer:
OSHA may conduct an on-site • Explains why OSHA selected the
inspection. Those conditions include establishment for inspection;
claims of serious physical harm that • Obtains information about the
have already resulted in disabling establishment;
injuries or illnesses or claims of • Explains the purpose of the
imminent danger situations; written, visit, the scope of the inspection,
signed complaints requesting in- walkaround procedures,
spections; and situations where the employee representation,
employer provided an inadequate employee interviews, and the
response to a phone/fax investigation. closing conference; and
• Determines whether an OSHA-
The Inspection Process – funded consultation is in progress
On-site Inspections or whether the facility has
received an inspection exemption.
What to expect If so, the compliance officer
usually terminates the inspection.
A typical OSHA inspection includes
four stages: The compliance officer asks the
• Presentation of inspector employer to select an employer
credentials; representative to accompany him or
• Opening conference; her during the inspection. OSHA
• Inspection walkaround; and welcomes, but does not require, an
• Closing conference. employee representative to accompany
the inspector.
How an inspection begins
Under no circumstances may the
When arriving at a worksite, the employer select the employee represen-
OSHA compliance officer displays tative for the walkaround. OSHA does,
official credentials and asks to meet an however, encourage employers and
appropriate employer representative. employees to meet together.
Employers should always insist on
www.osha.gov
23
Inspection walkaround confidential information without autho-
rization are subject to a $1,000 fine,
After the opening conference, the one year in jail, or both, and removal
compliance officer and accompanying from office or employment.
representatives proceed through the
establishment, inspecting work areas
Records reviews
for potentially hazardous working
conditions. The compliance officer will The compliance officer checks posting
discuss possible corrective actions with and recordkeeping practices, including
the employer. OSHA may consult, at whether the employer has:
times privately, with employees during • Maintained records of deaths,
the inspection walkaround. injuries, and illnesses;
• Posted OSHA’s Summary of
An inspection walkaround may cover Work-Related Injuries and
only part of an establishment, Illnesses (OSHA 300A) from
particularly if the inspection resulted February 1 to April 30; and
from a specific complaint, fatality, or • Prominently displayed the OSHA
catastrophe or is part of a local or “It’s The Law” poster
national emphasis program. Other (OSHA 3165).
inspections may cover the entire facility,
“wall to wall.” The compliance officer also examines
records, where required, of employee
Trade secrets observed by the exposure to toxic substances and
compliance officers are kept confiden- harmful physical agents.
tial. Federal employees who release
If … Then …
the employees are represented the union usually will designate the
by a recognized bargaining employee representative to accompany
representative, the compliance officer.
www.osha.gov
24
On-the-spot corrections Information in an
OSHA citation
Some apparent violations detected by
the compliance officer can be corrected Citations inform the employer and
immediately. The compliance officer employees of:
records such corrections to help • Regulations and standards the
evaluate the employer’s good faith employer allegedly violated;
for compliance. • Any hazardous working
conditions covered by the OSH
Apparent violations that have been Act’s general duty clause;
corrected may still serve as the basis for • The proposed length of time set
a citation or notice of proposed penalty for abatement of hazards; and
or both. • Any proposed penalties.
Other-than-serious $7,000
Serious $100* $7,000
Posting $7,000
Willful $5,000 $70,000
Willful, with fatality, $250,000/$500,000 or six months
first conviction in prison or both **
Willful, with fatality, $250,000/$500,000 or one year
second conviction in prison or both **
Repeated $5,000 $70,000
Failure to abate $7,000 per day
www.osha.gov
28
The commission will assign an adminis- America’s workplaces. Subscriptions are
trative law judge to hear the case. The free; just click on the agency website at
administrative law judge may: www.osha.gov.
• Find the contest legally invalid
and disallow it, or In addition, OSHA’s website includes
• Set a hearing for a public place several special features: OSHA cannot suc-
near the employer’s workplace. • Spanish-language pages that ceed in its mission
provide workplace safety and without fully
The employer and the employees have health information in Spanish; informed employers
the right to participate in the hearing. • A Small Business page, designed and employees.
to increase awareness among OSHA has a variety
Employer appeals of small business owners about their of products, pro-
administrative judge rulings responsibilities under the OSH grams, and services
Act, and resources to help them; to help employers
Once the administrative law judge has • A Workers’ page that explains comply with its regu-
ruled, any party to the case may request workers’ rights and responsibili- lations and improve
a further review by the commission. ties under the OSH Act; and workplace safety and
Any of the three OSHRC commission- • A Teen Workers page that health.
ers also may, at his or her own motion, addresses safety and health issues
bring a case before the commission for for workers under age 18.
review. Employers and OSHA may
appeal commission rulings to the These and other web-based resources
appropriate U.S. Court of Appeals. are available at www.osha.gov.
www.osha.gov
29
All OSHA publications can be safety and health in the construction
downloaded at no cost from the industry and methods of voluntary
agency website at www.osha.gov. compliance with OSHA standards.
In addition, most are available in
hard-copy form, some at no cost from The Training Institute facility includes
OSHA and others as sale items from the classrooms, laboratories, a library, and
U.S. Government Printing Office. For a an audiovisual unit. The laboratories
list of available publications, visit contain various demonstrations and
www.osha.gov, call (800) 321-OSHA equipment, such as power presses,
(6742), or fax to (202) 693-2498. woodworking and welding shops, a
complete industrial ventilation unit, and
You can obtain publications for sale a sound demonstration laboratory.
by writing: U.S. Government Printing
Office, 710 N. Capitol St. NW, OSHA Training Institute
Washington, DC 20401; or Education Centers
calling (202) 512-0132 (phone); or
(202) 512-1355 (fax). OSHA’s Office of Training and
Or visit GPO’s online bookstore, Education also administers the OSHA
www.access.gpo.gov/su_docs/sale/abkst0 Training Institute Education Centers
24.html. program. Under this program, certain
nonprofit organizations offer the most
OSHA also has several videos available frequently requested OSHA Training
for loan through the OSHA Publications Institute courses for the private sector
Office. Call (800) 321-OSHA (6742) or and other federal agency personnel at
visit the agency website at locations throughout the United States.
www.osha.gov for more
information. The education centers complement the
training provided at the OSHA Training
Education and Training Institute. They are selected through a
national competition based on
OSHA Training Institute occupational safety and health
experience, non-academic training
The OSHA Training Institute in background, classroom and laboratory
Arlington Heights, Ill., a suburb of availability, and the ability to provide
Chicago, provides basic and advanced training throughout the region. OSHA
training and education in safety and provides no funding to the education
health for federal and state compliance centers. They support their OSHA
officers, state consultants, other federal training through their normal tuition
agency personnel, and private sector and fees.
employers, employees, and their
representatives. The education centers also help
OSHA administer the OSHA Outreach
Institute courses cover areas such as Training Program—the agency’s
electrical hazards, machine guarding, primary way to train workers in the
ventilation, and ergonomics. Nearly 60 basics of occupational safety and
courses are available for private sector health. Through the program,
workers dealing with subjects such as individuals who complete a one-week
OSHA training course are authorized to
teach 10-hour or 30-hour courses in
www.osha.gov
30
construction or general industry safety Compliance Assistance
and health standards. These individuals
go on to train thousands more students OSHA help for employers
each year. and employees
www.osha.gov
31
OSHA inspection. The service is Cost of consultation
delivered by state governments using assistance
well-trained professional staff. Most
consultations take place on-site, though Consultation programs are funded
limited services away from the worksite largely by OSHA and run by state
are available. agencies at no cost to the employer who
requests help. OSHA does not propose
penalties or issue citations for hazards
Employer benefits
identified by the consultant. The
Besides helping employers identify and employer’s only obligation is to correct
correct specific hazards, OSHA’s all serious hazards and potential safety
consultation service provides free, and health violations the consultant
on-site assistance in developing and identifies.
implementing effective workplace safety
and health programs that emphasize Employer privacy
preventing worker injuries and illnesses. protections
In addition, OSHA’s regional offices can
help with compliance, ergonomics, State authorities provide consultation
bloodborne pathogens, and small assistance to the employer with the
business concerns. assurance that his or her name and firm
and any information about the work-
OSHA’s comprehensive consultation place will not be routinely reported to
assistance includes an appraisal of: OSHA enforcement staff.
• Mechanical systems, physical
work practices, and environ- Enforcement action
mental hazards of the
workplace; and No citations are issued or penalties
• Aspects of the employer’s present proposed for hazards identified by the
job safety and health program. consultant. The purpose of the program
is to help smaller employers identify
Employers also may receive training and fix hazards in their workplaces.
and education services, as well as limit- However, if an employer does not
ed assistance away from the worksite. correct violations identified through
consultation assistance, the consultant
may refer the employer for a possible
Who qualifies for
inspection.
consultation assistance
Consultation assistance is available to SHARP
smaller employers (with fewer than 250
employees at a fixed site and no more Certain exemplary employers may
than 500 nationwide) who want help in request participation in OSHA’s Safety
establishing and maintaining a safe and and Health Achievement Recognition
healthful workplace. Program (SHARP). Eligibility for
participation in SHARP includes
receiving a comprehensive consultation
www.osha.gov
32
visit, demonstrating exemplary achieve- Why participate
ments in workplace safety and health
by abating all identified hazards, and There are many benefits to participating
developing and implementing an in an Alliance with OSHA. Through
excellent safety and health program. this program, organizations will:
• Build trusting, cooperative
Employers accepted into SHARP may relationships with the agency;
receive an exemption from programmed • Network with others committed
inspections—not complaint or accident to workplace safety and health;
investigation inspections—for one year. • Leverage resources to maximize
worker safety and health
For more information about protection; and
consultation assistance in your state, • Gain recognition as a proactive
visit www.osha.gov. leader in safety and health.
www.osha.gov
33
goals that fall into one or more of three What OSHA Strategic
categories: Partnerships do
• Training and education,
• Outreach and communication, These partnerships help participants:
and • Establish effective safety and
• Promoting the national dialogue health management systems;
on workplace safety and health. • Train managers and employees to
recognize, and then eliminate or
control, hazards common to their
After an Alliance is signed
industry and their particular
OSHA and its allies will form an worksite;
implementation team. The team, con- • Give employees the opportunity
sisting of OSHA and the organization’s to become involved meaningfully
representatives, will develop strategies in their own protection; and
and begin implementing programs or • Create ways for partners to share
processes for meeting the defined goals. expertise and other resources.
www.osha.gov
34
• Development or improvement of • Positive community recognition
safety and health management and interaction;
systems; • Further improvement and
• Positive community recognition revitalization of already good
and interaction; and safety and health management
• Partnership with OSHA. systems; and
• Partnership with OSHA.
Voluntary Protection
Programs How OSHA monitors
VPP sites
Voluntary Protection Programs (VPP)
represent one part of OSHA’s effort to OSHA reviews an employer’s VPP
extend worker protection beyond the application and conducts an on-site
minimum required by OSHA standards. review to verify that the safety and
There are three VPP programs: Star, health systems described are operating
Merit, and Demonstration. OSHA effectively at the site. OSHA continues
designed them to: to conduct regular evaluations of
• Recognize outstanding approved sites.
achievement of employers and
employees who are working All participants must submit to their
together to provide high-quality OSHA regional office in February of
worker protection by implement- each year a copy of the most recent
ing effective safety and health annual evaluation conducted at the site.
management systems; This evaluation must include the injury
• Motivate other employers to and illness numbers and rates for the
achieve excellent safety and health past year.
results in the same outstanding
way; and OSHA inspections
• Establish a cooperative at VPP sites
relationship between employers,
employees, and OSHA. Sites participating in a VPP are not
scheduled for regular, programmed
How VPP can help inspections. OSHA, however, handles
employers and employees any employee complaints, serious
accidents, or significant chemical
VPP participation can mean: releases that may occur according to
• Improved employee motivation to routine enforcement procedures.
work safely, leading to better
quality and productivity;
• Lost workday case rates generally
50 percent below industry
averages;
• Reduced workers’ compensation
and other injury- and illness-
related costs;
www.osha.gov
35
About the quality-of-life ben-
OSHA Quotes efits of safety and health:
“I want to see and hear my grandchil-
dren, and because of the safety program
What employers and at Curtis Lumber, I’m going to be able
employees are saying about to.” – John Meier, Curtis Lumber
the value of working with “We feel that it is our duty to have
OSHA to promote workplace every employee return home to his or
safety and health her family sound and healthy every
Employers and employees are recogniz- day.” – John Obel, NexTech
ing that OSHA has changed and that
the agency wants to work cooperatively About working with
with them to help improve their work- OSHA through its programs
places. More and more, employers are and services:
OSHA Quotes
coming to seek out OSHA’s assistance “The health and safety of our people
and support as they introduce new has always been of paramount
ways of doing things that protect their importance to us. Our goal of zero
workers and strength their businesses. incidents required teamwork like
OSHA’s Strategic Partnership Program,
Here’s just a sampling of combined with relentlessly pursuing the
what people are saying… elimination of unsafe actions and
conditions.” – Walter Berry, Bollinger
About the business sense Shipyards, Inc.
behind workplace safety
“It’s funny how so many people are
and health:
afraid of OSHA and afraid of the big
“We can’t make a quality product with fines. But in the Consultation Program,
an unsafe process.” – Ken Lindgren, they’re not there to issue fines. They’re
DACO, Inc. there to help you. It’s a wonderful,
“It makes sense to run an effective wonderful program that has a lot to
safety and health program because your offer.” – Keri Alwin, Laser
people deserve it, your customers Technologies, Inc.
demand it, and your business practices “I must admit, when the company first
and future will not be there without it.” proposed a partnership with OSHA, I
– Dan Fergus, Genesee Stampings was apprehensive. Now I’m convinced
“Safety is a pass/fail item, in that if you that this was the right thing to do.”
fail at safety, the other stuff doesn’t –Nathan Bailey, Ford-Visteon
matter.” – Mac Armstrong, Air
Transport Association About sharing what they’ve
learned about workplace
“If you want to be the best company safety and health:
out there, then it’s not enough to have
“We’re big on sharing what we know
good wages, benefits, and profitability.
about safety and health. We know that
You have to have a good safety
our program is making a difference and
program in place and make sure you
we want to give other facilities an
have a safe company.” – Gordon
opportunity to learn how to protect
Hannaford, Point-Five Windows
their workers, too.” – Sherry Welch,
Citizens Memorial Healthcare Foundation
www.osha.gov
36
Regional Offices Region V
(Illinois, Indiana,* Michigan,*
Minnesota,* Ohio, Wisconsin)
230 South Dearborn Street,
Region I Room 3244
(Connecticut,* Massachusetts, Chicago, IL 60604
Maine, New Hampshire, Rhode (312) 353-2220
Island, Vermont*)
JFK Federal Building, Room E340 Region VI
Boston, MA 02203 (Arkansas, Louisiana, New
(617) 565-9860 Mexico,* Oklahoma, Texas)
525 Griffin Street, Room 602
Region II
Regional Offices
Dallas, TX 75202
(New Jersey,* New York,* (214) 767-4731 or 4736 x224
Puerto Rico,* U.S. Virgin
Islands*) 201 Varick Region VII
Street, Room 670 (Iowa,* Kansas, Missouri,
New York, NY 10014 Nebraska)
(212) 337-2357 City Center Square
1100 Main Street, Suite 800
Region III Kansas City, MO 64105
(Delaware, District of Columbia, (816) 426-5861
Maryland,* Pennsylvania,*
Virginia,* West Virginia) Region VIII
The Curtis Center (Colorado, Montana, North
170 S. Independence Mall West Dakota, South Dakota, Utah,*
Suite 740 West Wyoming*)
Philadelphia, PA 19106-3309 1999 Broadway - Suite 1690
(215) 861-4900 Denver, CO 80202-5716
(303) 844-1600
Region IV
(Alabama, Florida, Georgia, Region IX
Kentucky,* Mississippi, North (American Samoa, Arizona,*
Carolina,* South Carolina,* California,* Hawaii, Nevada,*
Tennessee*) Northern Mariana Islands)
Atlanta Federal Center 71 Stevenson Street, Room 420
61 Forsyth Street SW, Room 6T50 San Francisco, CA 94105
Atlanta, GA 30303 (415) 975-4310
(404) 562-2300
Region X
(Alaska,* Idaho, Oregon,*
Washington*)
1111 Third Avenue, Suite 715
Seattle, WA 98101-3212
(206) 553-5930
*These states and territories operate their own OSHA-approved job safety and health programs
(Connecticut, New Jersey, and New York plans cover public employees only). States with approved
programs must have a standard that is identical to, or at least as effective as, the federal standard.
Note: To get contact information for OSHA area offices, OSHA-approved state plans, and OSHA
consultation projects, please visit us online at www.osha.gov or call us at (800) 321-OSHA (6742).
www.osha.gov
37
A Occupational Safety and Health
Advisory Committees, 10 Administration, creation of, 1,2
Alliances, 3, 33-34 Occupational Safety and Health Review
Atomic energy workers, 4 Commission, 28-29
B Outreach, 3, 29-30
Brown lung disease, 2 P
Bureau of Labor Statistics, 17 Partnerships, 3, 21, 33, 34-35
C Penalties, 3, 25-27, 28, 32
Citations, see Enforcement Poster, OSHA, 5, 6, 17, 20, 24
Compliance assistance, 3, 21, 29-31 Privacy, right to, 20, 32
Complaint, how to file, 6, 7, 12, 23 Protective equipment, 6, 13
Consultation, 3, 31-33 Public sector employees, 9-10
Costs of workplace illness and injuries, 1, 2, 3 Q
Criminal actions, against employers, 26, 27 QuickTakes, 29
E R
Electronic information, see Website (OSHA) Recordkeeping, 3, 5, 16-20
Enforcement, 3, 6, 11, 20, 21-28 Regulatory Agenda, 13
Ergonomics, 10, 29 Reporting accidents, injuries, illnesses, 5, 6,
F 16, 17, 18, 20
Farms and farmers, 4 Reporting hazardous conditions, 6, 7, 8, 16,
Fatalities (workplace), 1, 2, 3, 16, 22 17, 18, 20
Federal Register, 13, 14 Retaliation (against workers), 8
Fines, see Penalties S
Index
Forms (OSHA Forms 300, 300A, 301), 20, 24 Safety and Health Programs, 5, 6, 12, 31-33
G Safety and Health Achievement Recognition
General Accounting Office, 14 Program (SHARP), 32-33
Grants, 31 Search warrants, 22
Guidelines, 15, 29 Self-employed, 4
H Small business, 14, 25, 29
Health and Human Services (HHS), Spanish language publications, 29
Department of, 13, 14 Standards, Safety and Health, 3, 5, 6, 12, 13,
I 14, 15
Injury and Illness Rates and Records, 1, 2, State employees, 4
16-20, 24 State programs (“state plan states”), 3, 4, 7,
Inspections, 5, 11, 21-28, 32, 35 10, 11-12
Investigations, 6, 21 Steiger, Representative William A., 2
J Strategic Partnership Programs, 34-35
Judicial review (of standards), 15 T
K Teen workers, 29
Low-hazard industries, 17 Training (OSHA), 30-31
M Trenching and excavation, 2
Medical exams, 5 U
Medical records, 5, 6 Unsafe conditions, 7, 8
Mine workers, 4 V
Multiple worksites, 18 Variances, 14, 15-16
N Violations, 26-27, 28
National Institute for Occupational Safety Voluntary Protection Programs, 33, 35
and Health (NIOSH), 5, 13, 14 W
Nixon, President Richard M., 2 Website (OSHA), 29, 30
O Whistleblower protections, 8-9
Occupational disease, 2 Williams, Senator Harrison A., 2
Occupational Safety and Health Act (Public Workplace Fatalities (see Fatalities)
Law 91-596), 1, 2, 3, 4, 7, 8, 10, 11, 13,
14, 15, 21, 22, 25, 28
www.osha.gov
38