Occupational Safety and Health

Occupational Safety and Health
for Technologists, Engineers, and Managers

EIGHTH EDITION
CHAPTER 6
The OSH Act,
Standards, and
Liability
Occupational Safety and Health, Eighth Edition Copyright © 2015 by Pearson Education, Inc.
David L. Goetsch All Rights Reserved
The OSH Act
• Of legislation concerning workplace

safety & health, the most significant
has been the Occupational safety &
health Act (OSH Act) of 1970.
The OSH Act
• Prospective and practicing safety &

health professionals must be
knowledgeable about the OSH Act and
the agency established by it
 The Occupational safety & health
Administration (OSHA).
Rationale for the OSH Act
• Laws governing workplace safety were

limited and sporadic, until 1970, when
Congress passed the OSH Act with the
following stated 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."
Rationale for the OSH Act
• In developing this legislation, Congress

considered the following yearly
statistics:
 Workplace accidents caused an average
of 14,000 deaths.
 2.5 million workers were disabled in
workplace accidents.
 Approximately 300,000 new cases of
occupational diseases were reported.
OSHA's Mission and Purpose
• According to the U.S. Department of

Labor, OSHA's mission and purpose can
be summarized as follows:
 Encourage employers & employees to
reduce workplace hazards.
 Implement new & improve existing,
safety/health programs.

 Encourage research that will lead to
innovative ways of dealing with
workplace safety & health problems.
 Establish the rights of employers and of
employees regarding the improvement
of workplace safety & health.

 Monitor job-related illnesses and injuries
through a system of reporting and record
keeping.
 Establish training programs to increase
the number of safety & health
professionals and to improve their
competence continually.

 Establish mandatory workplace safety &
health standards and enforce those
standards.
 Provide for the development and
approval of state-level workplace safety
& health programs.

 Monitor, analyze, and evaluate state-
level safety & health programs.
OSH Act Coverage
• The OSH Act applies to most

employers.
 If an organization has even one
employee, it must comply with
applicable sections of the act.
• This includes all types of employers from
manufacturing and construction to retail
and service organizations.
OSH Act Coverage
• There is no exemption for small

businesses.
 Those with 10 or fewer employees are
exempt from OSHA inspection & not
required to maintain injury/illness
records.
OSH Act Coverage
• The OSH Act covers employers in all 50

states, the District of Columbia, Puerto
Rico, and all other territories under
U.S. government jurisdiction.
OSH Act Coverage
• Exempted employers are:

 Persons who are self-employed.
 Family farms that employ only
immediate family members.
 Federal agencies covered by other
federal statutes.
 State and local governments.
 Coal mines—regulated by mining-
specific laws.
OSH Act Coverage
• OSHA evaluates the safety & health

programs of federal agencies, but
cannot assess fines or damages against
other federal agencies.
OSH Act Coverage
• There are many OSHA requirements—

some apply to all employers, except
those exempted—where others apply
only to specific types of employers.
 Fire protection.
 Electricity.
 Sanitation & Air quality.
 Machine use, maintenance, and repair.
OSH Act Coverage
• There are many OSHA requirements—

some apply to all employers, except
those exempted—where others apply
only to specific types of employers.
 Posting of notices & warnings.
 Reporting of accidents & illnesses.
 Maintaining written compliance
programs & employee training.
OSHA Standards
• The general duty clause of the OSH Act

requires that employers provide a
workplace free from hazards that are
likely to harm employees.
 Important because the general duty
clause applies when there is no specific
OSHA standard for a given situation.
• Where OSHA standards do exist,
employers are required to comply with
them as written.
How Standards Are Developed
• OSHA develops standards based on its

perception of need, and by request of
other federal agencies, state & local
governments, other standards-setting
agencies, labor organizations, or even
individual private citizens.
• OSHA uses the committee approach for

developing standards.
 Ad hoc committees are appointed to
deal with issues that are beyond the
scope of the standing committees.
• The National Advisory Committee on

Occupational safety & health (NACOSH)
makes recommendations on standards
to the secretary of health and human
services and to the secretary of labor.
• The Advisory Committee on

Construction safety & health advises
the secretary of labor on standards and
regulations relating specifically to the
construction industry.
• The National Institute for Occupational

safety & health (NIOSH) was
established by the OSH Act.
 Part of the Department of Health and
Human Services, NIOSH has an
education and research orientation.
Input from and Help for Small Business in
Standards Development and Compliance
• The Small Business Regulatory

Enforcement Act (SBREFA) provides
help to small businesses that struggle
with understanding and complying with
OSHA regulations.
• SBREFA also gives small businesses a

voice in the development of new and
revised standards by requiring that
OSHA:
 Produce small entity compliance guides
for selected agency rules.
 Be responsive to small business
inquiries about complying with OSHA
regulations.

OSHA:
 Have a penalty reduction policy for
small businesses.

OSHA:
 Involve small businesses in developing
proposed rules that are expected to
have a significant effect on a large
number of small businesses. This is
accomplished through Small Business
Advocacy Review Panels.

OSHA:
 Give small businesses opportunities to
undertake court challenges to OSHA
rules and regulations they believe will
adversely affect them.
OSHA Standards versus OSHA
Regulations
• OSHA issues both standards and
regulations.
 OSHA standards address specific
hazards such as working in confined
spaces, handling hazardous waste, or
working with dangerous chemicals.
OSHA Standards versus OSHA
Regulations
• OSHA issues both standards and
regulations.
 Regulations are more generic than
standards, in some cases, and more
specific in others.
• Regulations do not apply to specific
hazards, and do not require the rigorous
review process standards go through.
How Standards Are
Adopted/Amended/Revoked
• OSHA must publish intentions adopt,
amend, or revise standards in the
Federal Register.
 The notice of proposed rule making
must explain the terms of the new rule,
delineate proposed changes to existing
rules, or list rules that are to be
revoked.
How Standards Are
• OSHA must publish intentions adopt,
amend, or revise standards in the
Federal Register.
 The advance notice of proposed rule
making may be used instead of the
regular notice when necessary to solicit
input before drafting a rule.
How Standards Are
• Any interested party may ask for a
public hearing on a proposed rule or
rule change, which OSHA must
conduct.
• OSHA may also publish a determination
that no standard or amendment needs
to be issued.
How to Read an OSHA Standard
• OSHA standards are typically long and

complex.
 Written in the language of lawyers and
bureaucrats.
• OSHA standards are part of the CFR,
published by the Office of the Federal
Register.
 Title 29 contains all the standards
assigned to OSHA.
• Title 29 is divided into several parts,

each carrying a four-number designator
(Part 1901, Part 1910, etc.)
 Parts are divided in sections, with
numerical designations.
• For example, 29 CFR 1910.1 means:
 Title 29, Part 1910, Section 1, Code of
Federal Regulations.
• The sections are divided into four

different levels of subsections, each
with a particular designator:
 First Level: Alphabetically, using
lowercase letters in parentheses: (a) (b)
(c) (d).
 Second Level: Numerically, using
numerals in parentheses: (1) (2) (3)
(4).
• The sections are divided into four

different levels of subsections, each
with a particular designator:
 Third Level: Numerically, using roman
numerals in parentheses: (i) (ii) (iii)
(iv).
 Fourth Level: Alphabetically, using
uppercase letters in parentheses: (A)
(B) (C) (D).
• Standards beyond the fourth level of

subsection use the same sequence,
with the designator shown in
parentheses underlined.
Temporary Emergency Standards
• OSHA is empowered to pass temporary

standards on an emergency basis
without undergoing normal adoption
procedures.
 In effect only until permanent standards
can be developed.
• To justify emergency temporary

standards, OSHA must determine
workers are in imminent danger from
exposure to a hazard not already
covered.
• Once a temporary standard has been

developed, it is published in the Federal
Register.
 This serves as the notification step, and
the standard is then subjected to all the
other adoption steps outlined in the
preceding section.
How to Appeal a Standard
• A standard, either permanent or

temporary, may be appealed by any
person who is opposed to it.
 Filed in the U.S. Court of Appeals
serving the geographic region in which
the complainant lives or does business.
• Appeal paperwork must be initiated
within 60 days of a standard's approval.
How to Appeal a Standard
• Filing of one or more appeals does not

delay the enforcement of a standard,
unless the court of appeals handling the
matter mandates a delay.
Requesting a Variance
• Occasionally, an employer may be

unable to comply with a new standard
by the effective date of enforcement.
 In such cases, the employer may
petition OSHA at the state or federal
level for a variance.
Temporary Variance
• OSHA may grant a temporary variance

for up to a maximum of one year.
 Employers must demonstrate a
concerted effort to comply, taking steps
necessary to protect employees while
working toward compliance.
Temporary Variance
• Application procedures are specific, and

include:
 Identification of the parts of the
standard that cannot be complied with.
 Explanation of why compliance is not
possible.
Temporary Variance
• Application procedures are specific, and

include:
 Detailed explanations of steps taken so
far to comply.
 Explanation of the steps that will be
taken to comply fully.
Temporary Variance
• According to the Department of Labor,

employers are required to keep their
employees informed.
 Employees also must be informed that
they have the right to request a hearing
on the application.
Temporary Variance
• Variances are not granted simply

because an employer cannot afford to
comply.
• Once a temporary variance is granted,
it may be renewed twice—the
maximum period of each extension is
six months.
Permanent Variance
• Employers who feel they already

exceed the requirements of a new
standard may request a permanent
variance.
 They present their evidence, which is
inspected by OSHA.
• Employees must be informed of the
application, and notified of their right to
request a hearing.
Permanent Variance
• If a permanent variance is awarded, it

comes with a detailed explanation of
the employer's ongoing responsibilities
regarding the variance.
 If, at any time, the company does not
meet these responsibilities, the variance
can be revoked.
Other Variances
• An experimental variance may be

awarded to companies that participate
in OSHA-sponsored experiments to test
the effectiveness of new health and
safety procedures.
Other Variances
• Variances also may be awarded in

cases where the secretary of labor
determines that a variance is in the
best interest of the country's national
defense.
Other Variances
• When applying for a variance,

employers are required to comply with
the standard until a decision has been
made.
Other Variances
• If this is a problem, the employer may

petition OSHA for an interim order.
 If granted, the employer is released
from the obligation to comply until a
decision is made, and employees must
be informed of the order.
OSHA's Record Keeping and
Reporting
• The OSH Act's centralization &
systematization of record keeping has
simplified the collecting of health and
safety statistics for monitoring
problems and taking the appropriate
steps to solve them.
 Over time, OSHA has made changes to
its requirements.
Reporting
• Employers have complained for years
about the mandated injury and illness
record-keeping system:
 The Original system was cumbersome
and complicated.
 The OSHA record-keeping rule had not
kept up with new and emerging issues.
Reporting
• Employers have complained for years
about the mandated injury and illness
record-keeping system:
 There were too many interpretations in
many of the record-keeping documents.
 Record-keeping forms were too
complex.
 Guidelines for record keeping were too
long and difficult to understand.
Reporting
• In response to these complaints, OSHA
initiated a dialogue among stakeholders
to improve the record-keeping and
reporting process.
Reporting Requirements
• All occupational illnesses/injuries must

be reported if they result in one or
more of the following:
 Death of one or more workers
 One or more days away from work
 Restricted motion or restrictions to the
work that an employee can do
 Loss of consciousness of one or more
workers
Reporting Requirements
• All occupational illnesses/injuries must

be reported if they result in one or
more of the following:
 Transfer of an employee to another job
 Medical treatment beyond in-house first
aid (if it is not on the first-aid list, it is
considered medical treatment)
 Any other condition listed in Appendix B
of the rule.
Record-Keeping Requirements
• Employers are required to keep injury

and illness records for each location
where they do business.
• Records must be maintained on an
annual basis using special forms
prescribed by OSHA.
 Computer or electronic copies can
replace paper copies.
• Records are not sent to OSHA—they

must be maintained locally for a
minimum of three years.
 Available for inspection by OSHA at any
time.
• OSHA Form 300 is used to record

information about every work-related
death and every work-related injury or
illness that:
 Involves loss of consciousness,
restricted work activity, job transfer,
days away from work, or medical
treatment beyond first aid.
• Form 300 is also used to record

significant work-related injuries and
illnesses diagnosed by a physician or
licensed health care professional.
• Form 300 is also used to record for
injuries/illnesses that meet criteria set
forth in 29 CFR Part 1904.12.
FIGURE 6–1A OSHA's Form 300.
• All organizations covered by 29 CFR

Part 1904 must complete Form 300A,
even if there were no work-related
injuries/illnesses during the year in
question.
 This form is used to summarize all
injuries and illnesses that appear on
OSHA's Form 300.
FIGURE 6–2 OSHA's Form 301.
• OSHA Form 301 is used for every

incidence of a recordable injury or
illness.
 Must be completed within seven
calendar days.
Reporting and Record-Keeping
Summary
• Reporting and record-keeping
requirements appear as part of several
different OSHA standards.
 OSHA Poster 2203 advises employees of
various provisions of the OSH Act.
 Citations issued by OSHA must be
posted for information of employees as
close as possible to the violation site.
Summary
 Employers are required to maintain a
log and summary of all recordable
injuries and illnesses of their employees.
Summary
 Employers are required to maintain
supplementary records that give more
complete details relating to all
recordable injuries and illnesses of their
employees.
Summary
 Employers must complete and post an
annual summary (OSHA Form 300A) of
all recordable illnesses and injuries.
Summary
 Employers are required to keep injury
and illness records on file for three
years.
Summary
 Employers are required to give
employees, government
representatives, former employees and
their /designated representatives access
to their own individual injury and illness
records.
Summary
 A major incident is the death of one
employee or the hospitalization of five or
more employees in one incident.
 When a business changes ownership, the
new owner is required to maintain the
OSHA-related records of the previous
owner.
Incidence Rates
• On occasion, it is necessary to calculate

the total injury and illness incident rate
of an organization in order to complete
an OSHA Form 300.
 This calculation must include fatalities
and all injuries requiring medical
treatment beyond mere first aid.
Incidence Rates
• The formula for determining the total

injury and illness incident rate:
Incidence Rates
• The same basic formula can also

calculate:
 Injury rate; Illness rate; Fatality rate.
 Lost workday cases rate; Number of lost
workdays rate.
 Specific hazard rate; Lost workday
injuries rate.
Record-Keeping and Reporting
Exceptions
• Among the exceptions to OSHA's
record-keeping and reporting
requirements:
 Employers with 10 or fewer employees.
 Employers in real estate, finance, retail
trade, insurance.
Record-Keeping and Reporting
Exceptions
• There are also partial exceptions to
OSHA's record-keeping and reporting
requirements.
 They are not required to maintain OSHA
injury and illness records unless asked
by OSHA to do so.
• OSHA's request must be in writing.
Keeping Employees Informed
• Employers are required to keep

employees informed about safety &
health issues that concern them.
 OSHA regulation in this area concerns
posting of material.
Keeping Employees Informed
• In addition to the posting requirements,

employers must also provide
employees who request them with
copies of the OSH Act and any OSHA
rules that may concern them.
• Employees must be given access to
records of exposure to hazardous
materials and medical surveillance that
has been conducted.
Workplace Inspections and
Enforcement
• OSHA may conduct inspections
unannounced, and except under special
circumstances, prior notice is a crime
punishable by fine, imprisonment, or
both.
Enforcement
• OSHA compliance officers are required
to present their credentials to the
person in charge.
 Having done so, they are authorized to
enter any site, location, or facility where
work is taking place.
 They may inspect, at reasonable times,
any condition, facility, machine,
equipment, materials, etc.
Enforcement
• OSHA compliance officers are required
to present their credentials to the
person in charge.
 Finally, they may question, in private,
any employee or other person formally
associated with the company.
Enforcement
• Under special circumstances, employers
may be given up to 24 hours' notice of
an inspection.
 When imminent danger conditions exist.
 When special employer preparation is
required.
 When inspection must take place at times
other than during regular business hours.
Enforcement
• Under special circumstances, employers
may be given up to 24 hours' notice of
an inspection.
 When it is necessary to ensure the
employer, employee representative &
other pertinent personnel will be
present.
 When the local OSHA director for OSHA
advises it.
Enforcement
• Employers may require that OSHA have
a judicially authorized warrant before
conducting an inspection.
 On obtaining a warrant, OSHA personnel
must be allowed to proceed without
interference or impediment.
Enforcement
• The OSH Act applies to about 6 million
work sites, which dictates that OSHA
establish priorities for conducting
inspections:
 Imminent danger situations.
 Catastrophic fatal accidents.
 Employee complaints.
 Planned high-hazard inspections.
 Follow-up inspections.
Enforcement
• The inspection proceeds in the following
steps:
 The OSHA compliance officer presents
his/her credentials to a company official.
 The compliance officer conducts an
opening conference with company
officials & employee representatives.
• Why the plant was selected for
inspection.
Enforcement
steps:
 The compliance officer conducts an
opening conference with company
officials & employee representatives.
• Purpose of the inspection, scope, and
applicable standards.
Enforcement
steps:
 After choosing the route and duration,
the compliance officer makes the
inspection tour.
• During the tour, the compliance officer
may observe, interview pertinent
personnel, examine records, take
readings & photos.
Enforcement
steps:
 The compliance officer holds a closing
conference, which involves open
discussion between the officer and
company & employee representatives.
 OSHA personnel advise company
representatives of problems noted,
actions planned as a result, and
assistance available from OSHA.
OSHA's Enhanced Enforcement
Policy
• Organizations that receive OSHA
citations for high-gravity violations are
subject to enhanced enforcement
measures.
Policy
• High-gravity violations include high-
gravity willful violations, multiple high-
gravity serious violations, repeat
violations at the originating
establishment, failure-to-abate notices,
and serious or willful violations related to
a workplace fatality.
 Organizations that commit any of these
types of violations will receive on-site
follow-up inspections.
Policy
• High-gravity violations include high-
gravity willful violations, multiple high-
gravity serious violations, repeat
violations at the originating
establishment, failure-to-abate notices,
and serious or willful violations related to
a workplace fatality.
 In addition, OSHA's area directors are
empowered to conduct follow-up
inspections to verify compliance.
Policy
• When an organization receives a high-
gravity violation, OSHA makes the
public aware of the violation and all
applicable enforcement actions taken
by issuing press releases through local
and national media.
Policy
• Violations at branch and affiliated
facilities are made known to the
company's corporate headquarters
through official notification by OSHA.
Policy
• Provisions for high-gravity violation
settlement agreements:
 Require the organization in question to
hire consultants to develop a feasible
process for changing the health and
safety culture in the facility where the
violations occurred.
 Apply the violation settlement not just to
the facility in question but also
corporate-wide.
Policy
 Include information about other job
sites of the company.
 Require the organization to consent in
advance to report all serious
injuries/illnesses that require outside
medical care and receive OSHA
inspections based on the report.
Policy
 Agree to consent to entry of a court
enforcement order under Section 11(b)
of the OSH Act.
OSHA's Whistleblower Program
• OSHA provides avenues for workers

who observe hazardous conditions in
the workplace to file complaints and
protections for those who do. Workers
should first attempt to have hazardous
conditions resolved by approaching
their supervisors.
• However, if supervisors are not

responsive or if there is reason to fear
retribution, workers may file a
complaint directly with OSHA by calling
1-800-321-OSHA (6742).
• Workers who feel they are being

discriminated against because they
filed a complaint have 30 days to
contact the nearest Regional Office of
OSHA or to call OSHA directly at 1-800-
321-OSHA (6742).
Citations and Penalties
• Based on findings of workplace

inspections, OSHA is empowered to
issue citations and/or penalties.
 A citation informs the employer of OSHA
violations.
 Penalties are typically fines assessed—
result of citations.
• Other-than-serious violation - a
violation with a direct relationship to
job safety & health, but probably would
not cause death or serious physical
harm.
 A proposed penalty of up to $7,000 for
each violation is discretionary, and may
be adjusted downward by as much as
95%.
• Serious violation - a violation in which there

is a high probability that death or serious
physical injury may result, and that the
employer knew or should have known of the
hazard.
 OSHA proposes a mandatory penalty for each
serious violation, which may be adjusted
downward depending on the employer's good
faith, history of prior violations, and the
gravity of the alleged violation.
• Willful violation - a violation that the

employer intentionally and knowingly
commits.
 The employer either knows that what
he/she is doing constitutes a violation,
or is aware a hazardous condition exists
and has made no reasonable effort to
eliminate it.

commits.
 A minimum penalty of $5,000 for each
violation.
• A proposed penalty may be adjusted
downward, depending on the size of the
business and its history of previous
violations.

commits.
 A minimum penalty of $5,000 for each
violation.
• Usually, no credit is given for good faith.

commits.
 If an employer is convicted of a willful
violation resulting in the death of an
employee, the offense is punishable by
a court-imposed fine or by
imprisonment.

commits.
 A fine of up to $250,000 for an
individual or $500,000 for a corporation
may be imposed for a criminal
conviction.
• Repeat violation - a violation where, on

reinspection, a substantially similar
violation is found.
 Repeat violations can result in a fine for
each violation.
 To be the basis of a repeat citation, the
original citation must be final.
• A citation under contest may not serve as
the basis for a subsequent repeat citation.
• Failure to abate prior violation - a

failure to correct a prior violation may
bring a civil penalty for each day that
the violation continues beyond the
prescribed abatement date.
• De minimis violation - violations of

standards that have no direct bearing
on safety & health.
 Documented like any other violation,
but not included in citations.
• Employers may also be penalized by

additional fines and/or prison if
convicted of any of the following
offenses:
 Falsifying records or other information
given to OSHA.
 Failing to comply with posting
requirements.
• Employers may also be penalized by

additional fines and/or prison if
convicted of any of the following
offenses:
 Interfering in any way with OSHA
compliance officers in the performance
of their duties.
OSHA's Severe Violator
Enforcement Program
• OSHA's Severe Violator Enforcement
Program (SVEP) took effect in June,
2010. SVEP focuses on employers who
willfully and repeatedly endanger
workers by exposing them to seriously
hazardous conditions without the
proper precautions or protections.
OSHA's Severe Violator
Enforcement Program
• Procedures for dealing with severe
violators include mandatory follow-up
inspections or worksites found to be in
violation and other worksites of the
same company where similar
unacceptable practices and hazardous
conditions might be present.
Appeals Process
• Employees may not contest citations,

or the amounts of the penalties
assessed.
• Employees may appeal the following:
 The amount of time (abatement period)
given an employer to correct a
hazardous condition that has been cited.
 An employer's request for an abatement
period extension.
Appeals Process
• Employees may request an informal

conference with OSHA officials to
discuss any issue relating to the
findings and results of a workplace
inspection.
Appeals Process
• Employers may appeal a citation, an

abatement period, or the amount of a
proposed penalty.
 An employer may ask for an informal
meeting with OSHA's area director, who
is empowered to revise citations,
abatement periods, and penalties.
Appeals Process
• Formal appeals are of two types:

 A petition for modification of abatement.
 A notice of contest.
Petition for Modification of
Abatement
• The Petition for Modification of
Abatement (PMA) available to
employers who intend to correct the
situation cited, but who need more
time, includes:
 Length of additional time needed for
compliance and why.
 Descriptions of the steps being taken to
protect employees during the interim.
Abatement
• The Petition for Modification of
Abatement (PMA) available to
employers who intend to correct the
situation cited, but who need more
time, includes:
 Verification the PMA has been posted for
employee information & the employee
representative has a copy.
Abatement
• As a first step, the employer must
make a good-faith effort to correct the
problem within the prescribed time
frame.
Abatement
• An employer who does not wish to
comply may file a Notice of Contest
against a citation, an abatement
period, and/or a penalty.
 The OSHA area director is notified in
writing, known as filing a notice of
contest, within 15 days.
Abatement
• The notice must describe the basis for the
challenge and contain all of information
about what is being challenged.
 Once OSHA receives a notice of contest, the
area director forwards it and all pertinent
materials to the Occupational safety &
health Review Commission (OSHRC).
• OSHRC is an independent agency, associated
with neither OSHA nor the U.S. Department
of Labor.
State-Level OSHA Programs
• States are allowed and encouraged by

the OSH act to develop their own safety
& health programs.
 OSHA will fund up to 50% of an
approved state program.
• OSHA covers employers not included in
state plans.
• A state must have adequate legislative

authority & demonstrate ability to
develop standards-setting,
enforcement.
• When a state satisfies requirements,

OSHA certifies the state has the legal,
administrative & enforcement means
necessary to operate effectively.
 This renders no judgment on the
program, but merely attests to the
structural completeness.
Services Available from OSHA
• OSHA provides services to help

employers meet the latest safety &
health standards, typically at no cost.
 Consultation, voluntary protection
programs, and training & education
services.
Consultation Services
• Consultation services provided by

OSHA include:
 Identifying hazardous conditions.
 Correcting identified hazards.
 Developing and implementing
injury/illness prevention.
Consultation Services
• Actual services are provided by

professional safety & health
consultants, who are not OSHA
employees.
 They typically work for state agencies or
universities and provide consultation
services on a contract basis.
OSHA Assistance, Services, and
Programs
• OSHA provides a variety of services,
programs, and assistance including:
 Safety and Health Achievement
Recognition Program (SHARP)
 Cooperative Programs
 Alliance Program
 OSHA Strategic Partnership Program
(OSPP)
OSHA Assistance, Services, and
Programs
• OSHA provides a variety of services,
programs, and assistance including:
 Challenge Program
 Voluntary Protection Programs (VPP)
 Susan Harwood Training Grants
Voluntary Protection Programs
• Companies participating in any of the

VPPs are exempt from regular
programmed OSHA inspections.
• Voluntary Protection Programs (VPPs)
serve the following three basic
purposes:
 To recognize companies that have
incorporated safety & health programs
into their overall management system.

purposes:
 To motivate companies to incorporate
health and safety programs into their
overall management system.

purposes:
 To promote positive, cooperative
relationships among employers,
employees, and OSHA currently
operates three programs under the VPP
umbrella.
• The Star Program recognizes

companies that have incorporated
safety & health into their regular
management system so successfully
that their injury rates are below the
industry national average.
• The Merit Program, less strenuous

than the Star Program, is seen as a
steppingstone to recognize companies
that have made a good start toward
Star Program recognition.
• The Demonstration Program is

described as:
 "for companies that provide Star-quality
worker protection in industries where
certain Star requirements can be
changed to include these companies as
Star participants.”
Training and Education Services
• OSHA operates a training institute in

Des Plaines, Illinois, that offers a
variety of services to safety & health
personnel from the public and private
sectors.
Training and Education Services
• To promote training & education in

locations other than the institute, OSHA
awards grants to nonprofit
organizations.
 Grant funds, awarded annually, must be
used to plan, develop, and present
instruction, and require a match of at
least 20% of the total grant amount.
Employer Rights and
Responsibilities
• Employer rights under the OSH Act:
 Seek advice and consultation as needed
by contacting or visiting the nearest
OSHA office.
 Request proper identification of the
OSHA compliance officer prior to an
inspection.
 Be advised by the compliance officer of
the reason for an inspection.
Employer Rights and
Responsibilities
 Have an opening and closing conference
with the compliance officer in conjunction
with an inspection.
 Accompany the compliance officer on the
inspection.
 File a notice of contest with the OSHA
area director within 15 working days of
receipt of a notice of citation and
proposed penalty.
Employer Rights and
Responsibilities
 Apply for a temporary variance if unable
to comply if materials, equipment, or
personnel needed for necessary changes
within the required time are not
available.
Employer Rights and
Responsibilities
 Apply for a permanent variance if able
to furnish proof that facilities or
methods of operation provide protection
at least as effective as that required by
the standard.
 Take an active role in developing safety
& health standards.
Employer Rights and
Responsibilities
 Be assured of confidentiality of trade
secrets observed by an OSHA
compliance officer during an inspection.
 Ask NIOSH for information concerning
whether any substance in the workplace
has potentially toxic effects.
Employer Rights and
Responsibilities
• Under the OSH Act, employers must:
 Meet the responsibility to provide a
workplace free from hazards causing, or
likely to cause death or serious physical
harm to employees
 Be knowledgeable of, and comply with
standards, rules, and regulations issued
under the OSH Act, and make copies
available to employees for review upon
request
Employer Rights and
Responsibilities
 Keep employees informed about OSHA.
 Continually examine workplace
conditions to ensure they conform to
standards.
 Minimize or reduce hazards.
 Ensure employees have, and use, safe
tools & equipment that is properly
maintained.
Employer Rights and
Responsibilities
 Use color codes, posters, labels, or signs
as appropriate to warn employees of
potential hazards
 Establish or update operating procedures
and communicate them so that
employees follow safety & health
requirements.
 Provide medical examinations when
required by OSHA.
Employer Rights and
Responsibilities
 Provide the training required by OSHA
standards.
 Report to the nearest OSHA office within
eight hours any fatal accident or one
that results in the hospitalization of
three or more employees.
Employer Rights and
Responsibilities
 Keep OSHA-required records of injuries
and illnesses and post a copy of OSHA
Form 300 from February 1 through April
30 each year (employers of 11 or more
employees).
Employer Rights and
Responsibilities
 At a prominent location within the
workplace, post OSHA Poster 2203
informing employees of their rights and
responsibilities.
Employer Rights and
Responsibilities
 Provide employees, former employees &
representatives access to the Log of
Work-Related Injuries and Illnesses
(OSHA Form 300) in a reasonable time
and manner.
 Give employees access to medical and
exposure records.
Employer Rights and
Responsibilities
 Give the OSHA compliance officer
names of authorized employee
representatives who may be asked to
accompany the compliance officer
during an inspection.
 Not discriminate against employees who
properly exercise their rights under the
act.
Employer Rights and
Responsibilities
 Post OSHA citations at or near the work
site involved (each citation or copy must
remain posted until the violation has
been abated or for three working days,
whichever is longer)
 Abate cited violations within the
prescribed period.
Employer Rights and
Responsibilities
• Employee rights are protection against
punishment for employees who
exercise their right to pursue any of the
following courses of action:
 Complain to an employer, union, OSHA,
or any other government agency about
job safety & health hazards.
 File safety or health grievances.
Employer Rights and
Responsibilities
• Employee rights are protection against
punishment for employees who exercise
their right to pursue any of the following
courses of action:
 Participate in a workplace safety & health
committee or in union activities
concerning job safety & health.
 Participate in OSHA inspections,
conferences, hearings, or other OSHA-
related activities.
Employer Rights and
Responsibilities
• Employees who feel they are being
treated unfairly due to of actions taken
for safety & health have 30 days to
contact the nearest OSHA office.
 On receipt of complaint, OSHA conducts
an investigation and makes
recommendations based on its findings.
Employer Rights and
Responsibilities
• If an employer refuses to comply,
OSHA can pursue legal remedies at no
cost to the employee who filed the
original complaint.
Employer Rights and
Responsibilities
• Employees have a number of other
rights, and may:
 Expect employers to make review copies
available of OSHA standards and
requirements.
 Ask employers for information about
hazards that may be present in the
workplace.
Employer Rights and
Responsibilities
rights, and may:
 Ask employers for information on
emergency procedures.
 Receive safety & health training.
 Be kept informed about safety & health
issues.
Employer Rights and
Responsibilities
rights, and may:
 Anonymously ask OSHA to conduct an
investigation of hazardous conditions at
the work site.
 Be informed of actions taken by OSHA
as a result of a complaint.
Employer Rights and
Responsibilities
rights, and may:
 Observe during an OSHA inspection and
respond to the questions asked by a
compliance officer.
 See records of hazardous materials in
the workplace.
 See their medical record.
Employer Rights and
Responsibilities
rights, and may:
 Review the annual Log of Work-Related
Injuries and Illnesses (OSHA Form 300).
 Have an exit briefing with the OSHA
compliance officer following an OSHA
inspection.
Employer Rights and
Responsibilities
rights, and may:
 Anonymously ask NIOSH to provide
information about toxicity levels of
substances used in the workplace.
 Challenge the abatement period given
to employers to correct hazards
discovered in an OSHA inspection.
Employer Rights and
Responsibilities
rights, and may:
 Participate in hearings conducted by the
Occupational safety & health Review
Commission.
 Be advised when an employer requests
a variance to a citation or any OSHA
standard.
Employer Rights and
Responsibilities
rights, and may:
 Testify at variance hearings.
 Appeal decisions handed down at OSHA
variance hearings.
 Give OSHA input concerning the
development, implementation,
modification, and/or revocation of
standards.
Employee Responsibilities
• Employees have specific

responsibilities, and must:
 Read the OSHA poster at the job site
and be familiar with its contents.
 Comply with all applicable OSHA
standards.

 Follow safety & health rules and
regulations prescribed by the employer,
and properly use personal protective
equipment while engaged in work.
 Report hazardous conditions to the
supervisor.

 Report any job-related injury or illness
to the employer, and seek treatment
promptly.
 Cooperate with the OSHA compliance
officer conducting an inspection.
 Exercise their OSH Act rights in a
responsible manner.
Keeping Up-to-Date on OSHA
• OSHA standards, rules, and regulations

are always subject to change.
 Development, modification, and
revocation of standards is an ongoing
process.
• It is important for safety & health

professionals to stay up-to-date with
OSHA actions and activities.
 Establish contact with the nearest
regional or area OSHA office and
periodically request copies of new
publications.
• It is important for safety & health

professionals to stay up-to-date with
OSHA actions and activities.
 Establish and maintain relationships with
other safety & health professionals for the
purpose of sharing information, and do so
frequently.
 Join professional organizations, review
their literature, and attend their
conferences.
Problems with OSHA
• Federal agencies are seldom without

detractors.
 Consequently, complaints about OSHA
are common.
Problems with OSHA
• Often criticisms leveled against OSHA are

valid, and take many different forms.
 Some characterize OSHA as an
overbearing bureaucracy without
sensitivity to the needs of employers
struggling to survive in a competitive
marketplace.
 Others see OSHA as timid, claiming it
doesn't do enough.
Problems with OSHA
• At different times and in different

cases, both views have probably been
at least partially accurate.
Problems with OSHA
• Most criticism of OSHA comes in the

aftermath of major accidents or a
workplace disaster.
 "Why didn't OSHA prevent this
disaster?"
• Detractors will typically answer by
claiming OSHA spends too much time &
resources dealing with inconsequential
matters, ignoring real problems.
Problems with OSHA
• Supporters claim that lack of resources

prevents the agency from being
everywhere at once.
• OSHA has made a significant difference
in the condition of the workplace in this
country.
 However, large, centralized bureaucratic
agencies rarely achieve a high level of
efficiency.
Other Agencies and Organizations
• Although OSHA is the most widely

known safety & health organization in
the federal government, it is not the
only one.
 The most important to modern
safety/health professionals are NIOSH
and OSHRC.
NIOSH
• NIOSH is part of the Department of

Health and Human Services (HHS),
with two broad functions:
 Research and education, focused on
toxicity levels and human tolerance
levels of hazardous substances.
NIOSH
• NIOSH prepares recommendations for

OSHA standards dealing with hazardous
substances.
 Studies are also published & made
available to employers.
• Each year, NIOSH publishes updated
lists of toxic materials and
recommended tolerance levels.
NIOSH
• NIOSH has the authority to conduct

research in the workplace, and respond
to requests for assistance from
employers and employees.
NIOSH
• NIOSH developed a list of leading work-

related diseases and injuries:
 Occupational lung and cardiovascular
diseases; Cancers.
 Musculoskeletal injuries.
 Severe occupational traumatic injuries;
Psychological disorders.
NIOSH
• NIOSH developed a list of leading work-

related diseases and injuries:
 Neurotoxic disorders; Disorders of
reproduction.
 Noise-induced hearing loss;
Dermatological conditions.
NIOSH
• The Division of Biomedical and

Behavioral Science (DBBS) conducts
research in the areas of toxicology,
behavioral science, ergonomics, and
the health consequences of various
physical agents.
NIOSH
• DBBS provides clinical & biochemical

consultations for ascertaining the
extent of exposure and for diagnosing
occupational diseases.
• DBBS conducts laboratory and work-
site research on hazards from physical
agents such as noise, vibration, and
nonionizing energy sources.
NIOSH
• Studies seek to identify exposure

factors significant to the health and
well-being of the workforce.
NIOSH
• The Division of Respiratory Disease

Studies (DRDS) is the focal point for
clinical/epidemiological research on
occupational respiratory diseases.
• The division does field studies,
designs/interprets cross-sectional &
prospective morbidity & mortality
studies relating to occupational
respiratory disease.
NIOSH
• DRDS conducts cell biology research to

determine the role of microorganisms
and environmental exposure in these
diseases.
• DRDS also evaluates and approves
employer programs for the examination
of employees in accordance with
published regulations.
NIOSH
• The Division of Surveillance, Hazard

Evaluations, and Field Studies
(DSHEFS) conducts surveillance of
workforces and workplaces.
 To assess the magnitude and extent of
job-related illnesses, exposures, and
hazardous agents.
NIOSH
• DSHEFS also provides technical

assistance on occupational safety &
health problems.
 To government agencies; unions;
employers & employees.
NIOSH
• DSHEFS also conducts

evaluation/validation studies of
reporting systems for occupational
illnesses, to improve methods for
measuring the magnitude of
occupational health problems
nationwide.
NIOSH
• The Division of Training and

Manpower Development (DTMD)
implements OSH Section 21 training
and education requirements.
 Develops programs to increase the
numbers and competence of safety &
health professionals.
NIOSH
• The educational resource development

program continually assesses human
resource needs for safety & health
practitioners/researchers nationwide.
NIOSH
• DTMD administers a major training

grant program to foster development of
training for occupational physicians,
nurses, hygienists, toxicologists,
epidemiologists, and safety
professionals.
OSHRC
• The OSHRC is not a government

agency.
 It is an independent board appointed by
the president, with authority to handle
contested OSHA citations.
 When a citation, penalty, or abatement
period is contested by an employer,
OSHRC hears the case.
OSHRC
• The OSHRC is not a government

agency.
 OSHRC is empowered to review
evidence, approve, reject or revise
recommendations of OSHA area
directors.
Mine Safety and Health
Administration (MSHA)
• Mining, exempt from OSHA regulations,
is regulated by the Metal & Nonmetallic
Mine Safety Act.
 OSHA regulates aspects of the industry
not directly involved in actual mining
work.
Mine Safety and Health
Administration (MSHA)
• In 1977, Congress passed the Mine
safety & health Act, which established
the MSHA as a functional unit within
the U.S. Department of Labor.
 MSHA works with MESA to ensure that
the two agencies do not become
embroiled in jurisdictional disputes.
Federal Railroad Administration
• Railroads—for the most part—are under

OSHA jurisdiction.
 The Federal Railroad Administration
(FRA) exercises limited jurisdiction over
railroads in situations involving working
conditions.
 Beyond this, railroads must adhere to
the standards for General Industry in
CFR Part 1910.
OSHA's General Industry
Standards
• The most widely applicable OSHA
standards are the General Industry
Standards, found in 29 CFR 1910.
 Part 1910 consists of 21 subparts, each
carrying an uppercase-letter
designation.
 Subparts A and B contain no compliance
requirements.
OSHA's General Industry
Standards
• The most widely applicable OSHA
standards are the General Industry
Standards, found in 29 CFR 1910.
 The only compliance standard in
Subpart C is Access to Employee
Exposure and Medical Records.
Subpart C: General Safety and
Health Provisions
• The only compliance standard in
Subpart C is Access to Employee
Exposure and Medical Records.
Subpart D: Walking–Working
Surfaces
• Subpart D contains the standards for all
surfaces on which employees walk or
work.
Subpart E: Means of Egress
• Subpart E requires employers to ensure

that employees have a safe, accessible,
and efficient means of escaping a
building under emergency
circumstances.
Subpart F: Powered Platforms
• Subpart F applies to powered

platforms, mechanical lifts, and vehicle-
mounted work platforms.
 The requirements of this subpart apply
only to employers who use this type of
equipment in facility maintenance
operations.
Subpart G: Health and
Environmental Controls
• The most widely applicable standard in
Subpart G is 1910.95 (occupational
noise exposure).
 Other standards in this subpart pertain
to situations where ionizing and/or
nonionizing radiation are present.
Subpart H: Hazardous Materials
• Four standards in Subpart H are widely

applicable:
 Section 1901.106 is a standard covering
the use, handling, and storage of
flammable and combustible liquids.
 Section 1910.107 applies to indoor
spray-painting processes and processes
in which paint (powder coating) is
applied in powder form.
Subpart H: Hazardous Materials
• Four standards in Subpart H are widely

applicable:
 Section 1910.119 applies to
management of processes involving
specifically named chemicals and
flammable liquids and gases.
 Section 1910.120 contains requirements
relating to emergency response
operations and hazardous waste.
Subpart I: Personal Protective
Equipment
• Subpart I contains three of the most
widely applicable standards:
 1910.132 General Requirements.
 1910.133 Eye and Face Protection.
 1910.134 Respiratory Protection.
• The most frequently cited OSHA
violations relate to these and the other
personal protective equipment
standards.
Subpart J: General Environment
Controls
• Standards that are widely applicable
because they pertain to general
housekeeping requirements.
 An especially important standard
contained in this subpart is 1910.146:
Permit-Required Confined Spaces.
Subpart K: Medical and First Aid
• A short subpart, the most important

section of which pertains to eye
flushing.
 If employees are exposed to injurious
corrosive materials, equipment must be
provided for quickly flushing the eyes
and showering the body.
• Also requires medical personnel to be
readily available.
Subpart L: Fire Protection
• The bulk of OSHA's fire protection

standard, these detail the employer's
responsibilities concerning fire brigades,
portable fire-suppression equipment,
fixed fire-suppression equipment, and
fire-alarm systems.
 Employers are not required to form fire
brigades, but if they choose to,
employers must adhere to the standard
set forth in 1910.156.
Subpart M: Compressed Gas/Air
• This subpart contains just three

sections and only one standard,
1910.169.
 This standard applies to compressed-air
equipment that is used in drilling,
cleaning, chipping, and hoisting.
Subpart N: Materials Handling and
Storage
• Subpart N is actually limited to the
handling and storage of materials,
changing rim wheels on large vehicles,
and the proper use of specific
equipment identified in the standards'
titles.
Subpart O: Machinery and
Machine Guarding
• This subpart contains standards
relating to specific types of machines.
 The types of machines covered are
identified in the titles of the standards
contained in Subpart O.
Subpart P: Hand Tools/Portable
Power Tools
• Standards relating to the use of hand
tools, portable power tools, and
compressed-air-powered tools.
 The types of tools covered in this
subpart, in addition to typical hand
tools, include jacks, saws, drills,
sanders, grinders, planers, power
lawnmowers, and other tools.
Subpart Q: Welding, Cutting, and
Brazing
• This subpart contains the standards
relating to Welding, cutting, and
brazing.
 Primary safety & health concerns are
fire protection, employee personal
protection, and ventilation.
Subpart R: Special Industries
• Subpart R deals with specific industries.

 1910.261 Pulp, paper, and paperboard
mills.
 1910.262 Textiles.
 1910.263 Bakery equipment.
 1910.264 Laundry machinery and
operations.
Subpart R: Special Industries
• Subpart R deals with specific industries.

 1910.265 Sawmills.
 1910.266 Pulpwood logging.
 1910.268 Telecommunications.
 1910.272 Grain handling facilities.
Subpart S: Electrical
• This subpart contains standards divided

into:
 Design of electrical systems.
 Safety-related work practices.
• These standards are excerpted directly
from the National Electrical Code.
Subpart T: Commercial Diving
Operations
• This applies only to commercial diving
enterprises.
 1910.401 Scope and application.
 1910.410 Qualifications of dive teams
 1910.420 Safe practices manual.
 1910.421 Pre-dive procedures.
 1910.422 Procedures during dive.
 1910.423 Post-dive procedures.
Subpart T: Commercial Diving
Operations
• This applies only to commercial diving
enterprises.
 1910.424 SCUBA diving.
 1910.425 Surface-supplied-air diving.
 1910.426 Mixed-gas diving.
 1910.427 Live boating.
 1910.430 Equipment.
Subpart Z: Toxic and Hazardous
Substances
• An extensive subpart containing
standards that establish permissible
exposure limits (PELs) for selected
toxic/hazardous substances.
 The standards relating to specific toxic
and hazardous substances are contained
in 1910.1000–1910.1450.
Subpart Z: Toxic and Hazardous
Substances
• Occupational exposure to hazardous
chemicals in laboratories OSHA's
General Industry Standards were
covered in some depth in this section
because they have the broadest
application for students of workplace
safety.
OSHA Maritime Standards
• OSHA Maritime Standards apply to

shipbuilding, ship-repairing, and ship-
breaking operations.
 Not already covered by U.S. Coast
Guard regulations.
• Coast Guard regulations take

precedence over OSHA Maritime
Standards and supersede those
standards in cases of overlap or
conflict.
 Part 1915 of 29 CFR contains the
standards relating to shipbuilding, ship
repairing, and ship breaking.
• Coast Guard regulations take

precedence over OSHA Maritime
Standards and supersede those
standards in cases of overlap or conflict.
 Part 1917 contains the standards for
marine terminals, and Part 1918 contains
longshoring standards.
 Part 1919 contains the gear-certification
standards.
OSHA's Construction Standards
• These standards apply to employers

involved in construction, alteration, or
repair activities.
 OSHA took the terms construction,
alteration, and repair directly from the
Davis-Bacon Act.
Standards and Codes
• Standards and codes play an important

role in modern safety & health
management and engineering.
 A standard is an operational principle,
criterion, or requirement—or a
combination of these.
 A code is a set of standards, rules, or
regulations relating to a specific area.
Standards and Codes
• Written procedures detail the safe and

healthy way to perform job tasks and,
consequently, make the workplace
safer and healthier.
 Also decrease a company's exposure to
costly litigation.
Laws and Liability
• The body of law pertaining to workplace

safety & health grows continually as a
result of a steady stream of liability
litigation.
 Often a company's safety & health
professionals are key players in
litigation alleging negligence on the part
of the company when an accident or
health problem occurs.
Laws and Liability
• Professionals in the field need to be

familiar with certain fundamental legal
principles relating to such litigation.
Laws and Liability - Negligence
• Negligence means failure to take

reasonable care or failure to perform
duties in ways that prevent harm to
humans or damage to property.
 The concept of gross negligence
means failure to exercise even slight
care or intentional failure to perform
duties properly, regardless of the
potential consequences.
Laws and Liability - Negligence
• Negligence means failure to take

reasonable care or failure to perform
duties in ways that prevent harm to
humans or damage to property.
 Contributory negligence means that
an injured party contributed in some
way to his or her own injury.
Laws and Liability - Care
• Several related concepts fall under this

heading:
 Reasonable care is the amount that
would be taken by a prudent person in
exercising his or her legal obligations
toward others.

heading:
 Great care means the amount of care
that would be taken by an
extraordinarily prudent person in
exercising his or her legal obligations
toward others.
 Slight care is a measure of care less
than what a prudent person would take.

heading:
 Due care means that all people have a
legal obligation to exercise the care
necessary to avoid, to the extent
possible, bringing harm to others or
damage to their property.
Laws and Liability - Liability
• Liability is a duty to compensate as a

result of being held responsible for an
act or omission.
 A newer, related concept is strict
liability, which means a company is
liable for damages caused by a product
it produces, regardless of negligence or
fault.
Laws and Liability - Ability to Pay
• The concept of ability to pay applies

when there are a number of defendants
in a case, but not all have the ability to
pay financial damages.
 It allows the court to assess all damages
against the defendant or defendants
who have the ability to pay.
Laws and Liability - Damages
• Damages are financial awards

assigned to injured parties in a lawsuit.
 Compensatory damages are awarded
to compensate for injuries suffered and
for those that will be suffered.
 Punitive damages are awarded to
ensure that a guilty party will be
disinclined to engage in negligent
behavior in the future.
Laws and Liability - Proximate
Cause
• Proximate cause is the cause of an
injury or damage to property.
 It is that action or lack of action that
ties one person's injuries to another's
lack of reasonable care.
Laws and Liability -
Willful/Reckless Conduct
• Behavior that is even worse than gross
negligence is willful/reckless conduct.
 It involves intentionally neglecting one's
responsibility to exercise reasonable
care.
Laws and Liability - Tort
• A tort is an action involving a failure to

exercise reasonable care that as a
result may lead to civil litigation.
Laws and Liability - Forseeability
• The concept of foreseeability holds

that a person can be held liable for
damages or injury only when risks
could have been reasonably foreseen.
• Health & safety professionals can serve
their companies best by:
 Making sure that a policy and
corresponding rules and regulations are
in place.
Laws and Liability - Forseeability
• Health & safety professionals can serve

their companies best by:
 Keeping employees informed about
rules and regulations.
 Encouraging proper enforcement
practices.
 Ensuring that employees get the
education and training they need to
perform their jobs safely.
OSHA's Stand on Safety Incentives
• OSHA has come out strongly against

not safety incentives per se, but
against incentives that discourage
employees from reporting accidents
and injuries.
OSHA's Stand on Safety Incentives
• An OSHA memorandum titled

"Employer Safety incentive and
Disincentive Policies and Practices"
directs field-compliance officers and
whistleblower investigators to be
especially vigilant in identifying
instances in which accidents, incidents,
or injuries have not been reported
because of safety incentives.

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Occupational Safety and Health

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Occupational Safety and Health

for Technologists, Engineers, and Managers

• Of legislation concerning workplace

• Prospective and practicing safety &

• Laws governing workplace safety were

• In developing this legislation, Congress

• According to the U.S. Department of

• According to the U.S. Department of

• According to the U.S. Department of

• According to the U.S. Department of

• According to the U.S. Department of

• The OSH Act applies to most

• There is no exemption for small

• The OSH Act covers employers in all 50

• Exempted employers are:

• OSHA evaluates the safety & health

• There are many OSHA requirements—

• There are many OSHA requirements—

• The general duty clause of the OSH Act

• OSHA develops standards based on its

• OSHA uses the committee approach for

• The National Advisory Committee on

• The Advisory Committee on

• The National Institute for Occupational

• The Small Business Regulatory

• SBREFA also gives small businesses a

• SBREFA also gives small businesses a

• SBREFA also gives small businesses a

• SBREFA also gives small businesses a

• OSHA standards are typically long and

• Title 29 is divided into several parts,

• The sections are divided into four

• The sections are divided into four

• Standards beyond the fourth level of

• OSHA is empowered to pass temporary

• To justify emergency temporary

• Once a temporary standard has been

• A standard, either permanent or

• Filing of one or more appeals does not

• Occasionally, an employer may be

• OSHA may grant a temporary variance

• Application procedures are specific, and

• Application procedures are specific, and

• According to the Department of Labor,

• Variances are not granted simply

• Employers who feel they already

• If a permanent variance is awarded, it

• An experimental variance may be

• Variances also may be awarded in

• When applying for a variance,

• If this is a problem, the employer may

• All occupational illnesses/injuries must

• All occupational illnesses/injuries must

• Employers are required to keep injury

• Records are not sent to OSHA—they

• OSHA Form 300 is used to record

• Form 300 is also used to record

• All organizations covered by 29 CFR