Occupational Safety and Health

6th Edition

Lecture Notes

By: Dr. David Goetsch

Chapter Six

The OSHA Act, Standards, and Liability

The Mission of OSHA

The mission of OSHA is to ensure to the extent possible that every working person in the United States has a safe and healthy working environment so that valuable human

resources are preserved and protected. The Department

of Labor breaks down this mission statement further into the following specific purposes:

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Purposes of OSHA

Encourage employers and employees to reduce workplace hazards Implement new safety and health programs Improve existing safety and health programs Encourage research that will lead to innovative ways of dealing with

workplace safety and health problems

Establish the rights of employers and employees regarding the illnesses and injuries through a system of reporting and record

keeping

Establish training programs to increase the number of safety and health professionals and to continually improve their competence

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Purposes of OSHA
(Continued)

Establish mandatory workplace safety and health standards and enforce those standards

Provide for the development and approval of state-level

workplace safety and health programs

Monitor, analyze, and evaluate state-level safety and health programs

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Area Covered by OSH Act

The OSH Act covers all employers and all 50 states, the District of

Columbia, Puerto Rico, and all other territories that fall under the
jurisdiction of the U.S. government with the following exceptions:

Persons who are self-employed Family farms that employ only immediate members of the family Federal agencies covered by other federal statutes State and local governments

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

OSHA Standards
OSHA developed standards based on its perception of need at the request of other federal agencies, state and local governments, other standard-setting agencies, labor organizations, or even individual private citizens. OSHA uses the committee approach for developing standards. OSHA standing committees are the:

National Advisory Committee on Occupational Safety Advisory Committee on Construction Safety and Health

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Types of OSHA Action

OSHA can take three different types of action on standards: A standard may be:

Adopted Amended Revoked

Before any of these actions can be undertaken, OSHA must publish its intentions in the Federal Register. OSHA has two options for meeting this requirement:

A notice of proposed rule-making An advance notice of proposed rule-making

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Effective Date and Appeals

Once the standard has been passed, it becomes effective on the date prescribed. However, a person who is opposed to a standard may file an appeal in the court of

appeals serving the geographical region in which the

complainant lives or does business. Appeal paperwork must be initiated within 60 days of a standards approval

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Temporary Compliance Variances

When an employer is unable to comply with a new standard immediately but may be able to if given time, a temporary variance may be requested. OSHA will grant

such a variance up to a maximum of one year. Employers

must demonstrate that they are making a concerted effort to comply and must take the steps necessary to protect employees while working toward compliance.
Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch
2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Permanent Compliance Variances

Employers who feel that their workplace already exceeds the requirements of a new standard may request a permanent variance and must present their evidence to

OSHA for inspection. Employees must be informed of

the application for a variance and notified of their right to request a hearing.

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Reporting
OSHA provides for the centralization and systematization of record-

keeping and reporting requirements of the OSH Act to employers of 11

or more workers. Both exempt and nonexempt employers must report the following types of accidents within eight hours:

Those that result in deaths

Those that result in the hospitalization of three or more employees

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Reporting
(Continued)

All occupational illnesses and injuries must be reported if they result

in one or more of the following:

Death to one or more workers One or more days away from work for the employee Restricted motion or restrictions to the work an employee can do Loss of consciousness to one or more workers Transfer of an employee to another job Medical treatment needed beyond in-house first aid Appear in Appendix B of the OSH Act

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

OSHA Forms

All records required by OSHA can be maintained using the following forms:

OSHA Form 300 OSHA Form 301 OSHA Form 300A

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

OSHA Required Posting Materials

Employers are required to post the following material at locations where employee information is normally displayed:

OSHA Poster 2203 Summaries of variance requests of all types

Copies of all OSHA citations received for failure to meet standards

The summary page of OSHA Form 300

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Authorized Workplace Inspections

OSHA compliance officers are authorized to take the following action with regard to workplace inspections:
Enter at reasonable times any site, location, or facility where work is taking place

Inspect at reasonable times any condition, facility, machine, equipment, materials, and so on

Question in private any employee or other person formally

associated with the company

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Citations Issued by OSHA

OSHA is empowered to issue citations and/or set penalties. Citations

are for:

Other than serious violations Serious violations Willful violations Repeat violations Failure to correct prior violations De minimis violations

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Employee Appeals
Employees may appeal the following aspects of OSHAs decisions regarding their workplace:

The amount of time (abatement period) given an employer to

correct a hazardous condition that has been cited

An employers request for an extension of an abatement period

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Employer Petitions

Employers may petition for:

Modification of abatement Contest a citation, abatement period, and/or penalty

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Developing State Safety and Health Programs

States are allowed to develop their own safety and health programs. As an incentive, OSHA will fund up to 50 percent of the cost of operating a state program for

states with approved plans. States may develop

comprehensive plans covering public and private sector employers or limit their plans to coverage of public employers only.
Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch
2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Setting Standards and Inspecting for Compliance

In addition to setting standards and inspecting for compliance, OSHA provides services to help employers meet the latest safety and health standards. Services are

typically offered at no cost and are intended for smaller

companies, particularly those with especially hazardous processes or materials.

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Services Available from OSHA

Services available from OSHA include:
Consultation Volunteer inspection programs

Training/education

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Detractors of OSHA
OSHA is not without its detractors. Criticisms of OSHA take many forms, depending on the perspective of the critic. Some characterize OSHA as an overbearing bureaucracy with little or no sensitivity to the needs of employers who are struggling to survive in a competitive marketplace. Others label OSHA as timid and claim it does not do enough. At different times and

different places, both points of view have probably been at least

partially accurate.
Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch
2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Other Important Federal Agencies

Other federal agencies and organizations that play important roles with regard to workplace safety and health are:

The National Institute for Occupational Safety and Health, which is a part of

the Department of Health and Human Services

The Occupational Safety and Health Review Commission, which is an

independent board consisting of members appointed by the president and given quasi-judicial authority to handle contested OSHA citations.

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Standards and Codes

Standards and codes play an important role in modern safety

and health management and engineering. These written procedures detail the safe and healthy way to perform jobs, which, consequently, makes for a safer and healthier workplace.
A standard is an operational principle, criterion, or requirementor a combination of these.
A code is a set of standards, rules or regulations relating to a specific area.

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.

Fundamental Legal Principles

Fundamental legal principles with which safety and health professionals should be familiar are:
Negligence Liability Care Ability to pay Damages Proximate cause

Willful/reckless conduct
Tort Forseeability

Occupational Safety and Health for Technologists, Engineers, and Managers, 6/th ed. Goetsch

2008 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.