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466A: Occupational Safety > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

Agencies created by OSHAct

A

OSHA, Occupational Safety and Health Administration
NIOSH, National Institute for Occupational Safety and Health
OSHRC, Occupational Safety and Health Review Commission
NACOSH, National Advisory Committee on Occupational Safety and Health

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2
Q

OSHA

A

Occupational Safety and Health Administration

Establish OSH regulations
Enforce compliance
Provide worker education
Encourage state programs

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3
Q

NIOSH

A

National Institute for Occupational Safety and Health

Conduct OSH research
Develop criteria and recommendations for new OS&H regulations
Professional education and manpower development
Health Hazard Evaluations

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4
Q

OSHRC

A

Occupational Safety and Health Review Commission

Review contested OSHA citations
Civil court rules
Contested decisions go to US Appeals Courts
After that to Supreme Court

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5
Q

NACOSH

A

National Advisory Committee on Occupational Safety and Health
​
NACOSH’s duties are solely advisory and consultative. NACOSH advises, consults with, and makes recommendations to the Secretary and the HHS Secretary on matters relating to the administration of the OSH Act.
NACOSH is comprised of 12 representative members the Secretary appoints. The composition of NACOSH is as follows:
Two members represent management;
Two members represent labor;
Two members represent occupational health professions. The HHS Secretary designates these members;
Two members represent occupational safety professions; and
Four members represent the public. The HHS Secretary designates two of these members.

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6
Q

General Duty Clause, or Section § 5(A)(1)

A

Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees

This is an important tool to allow OSHA to address hazards for which no regulation exists.

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7
Q

What are ‘recognized hazards’?

A

Common knowledge or generally known in a particular industry
Readily detectable by the senses
Widely known and easily detected by simple tests – employer should easily know about the hazard

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8
Q

The General Duty Clause, § 5 (A) (2):

A

Each employer shall comply with occupational safety and health standards promulgated under the act.

This clause allows OSHA to enforce its regulations.

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9
Q

General Duty Clause, § 5 (A) (3):

A

The employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to his own actions and conduct.

OSHA does not enforce this, but this supports employers when they enforce work rules related to safety and health.

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10
Q

The OSHA Law

A

OSH Regulations (standards)
Definition
A standard requires conditions, or adoption of work practices to provide safe and healthful employment.

Origins of regulations
§ 6 (A) Temporary standards
Within two years of effective date of law
Promulgate as OSHA regulation (standard)
Any national consensus standard
Proprietary standards
Pre existing Federal standards

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11
Q

The OSH Law

§ 6 (A) Temporary standards

A 
§ 6 (A) Temporary standards – sources
Consensus
NFPA
ANSI
Proprietary
Underwriters Laboratories – UL
Electrical safety / consumer products
Factory Mutual – FM
Industrial safety / fire safety
American Society of Mechanical Engineers – ASME
Ventilation control
American Conference of Governmental Industrial Hygienists (ACGIH)
Primarily TLVs, which where incorporated as PELs when OSHA was created. Most PELs are based on 1968 TLVs.
Many more sources
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12
Q

The OSH Law

§ 6 (B) Permanent Standards

A

Specific protocol must be followed

Administrative Procedures Act must be followed

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13
Q

The OSH Law

§ 6 (B) (5) New Standards

A

…shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.

…other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws.

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14
Q

The OSH Law

Develop new standard or regulation

A

Indication of need
Request for additional information (ANPR)
Review all information
Develop proposed standard
Review feasibility
Publish a notice – NPR (Notice of Proposed Rulemaking)

Public comment period at least 30 days
Public hearings scheduled upon request (likely)
Review these comments
Revise standard as need, based on evidence in docket
Publish final rule (promulgate rule)

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15
Q

The OSH Law

Develop new standards – Judicial Review

A

Legal battles common, especially early in OSHA’s history

Fifth Circuit Court vs Second Circuit Court.

•In early years, Fifth Circuit favored management and Second Circuit favored labor. There are still battles relating to judges appointed to the various courts.

Requirements to set new rules changed over years, based on Supreme Court decisions

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16
Q

Over the years, court challenges to new OSHA regulations helped define what OSHA must do to establish new regulations. The following are some of the most important decisions.

A

Carcinogens (1974) regulation included chemicals known to cause cancer in animals, but not humans. OSHA may use information ‘on the frontiers of scientific knowledge’. At the time, it was not scientific consensus that animal carcinogens are likely to be human carcinogens.
Asbestos (1972) did not protect against cancer, only asbestosis. OSHA may consider economic factors in setting standards. The asbestos industry said a lower standard would have extreme economic impact. Claims of extreme economic impact are common, but not usually borne out.
Vinyl chloride (1974) PEL of 1 ppm, the limit of detection. OSHA used a policy of no threshold of exposure to a carcinogen, and rule was ‘technology forcing’. The plastics industry had to come up with new technology. This was successful, and not overly costly.

17
Q

The OSH Law

3 Examples

A

Lead (1978) includes Medical Removal Protection (MRP), to supplement the PEL. This meant OSHA was setting limits on pay, work time and seniority. This had previously been not subject to OSHA regulation.

Benzene (1978) OSHA did not conduct risk assessment (based on vinyl chloride decision). Supreme Court held that OSHA must demonstrate that a significant hazard exists, and that the new rule will reduce the hazard. Now OSHA must conduct risk assessment for all new regulations.

Cotton Dust (1978) OSHA may not conduct cost-benefit analysis in developing new standards. OSHA must consider the economic impact of new regulations, but may not balance benefits and costs.

18
Q

The OSH Law

Types of standards

A

Performance Standards require an outcome

Design Standards require an action, such as adequate ventilation

Vertical Standards apply to a particular industry or operation

Horizontal Standards apply across industry or operation

19
Q

The OSH Law

Occupational Exposure Limits

A

Maximum exposure concentrations, to ensure health. Exposure should be kept below these values.
Remember you want to be confident no worker is exposed above the limit you are using.
OSHA Permissible Exposure Limits (PEL) are mandatory limits, others are guidelines.
ACGIH Threshold Limit Values (TLV)
Proprietary, you may have to pay to view the limits.
NIOSH Recommended Exposure Limit (REL)
The NIOSH Pocket Guide lists the PEL and REL.
AIHA Workplace Employee Exposure Limit (WEEL)
ANSI, Germany, other sources
The Hazardous Substances Data Bank is a good resource for information, including exposure limits for many chemicals.

20
Q

The OSH Law

OSHA PELs

A

Most were § 6(A) standards based on consensus proprietary guidelines:
29 CFR 1910.1000
•Table Z-1 (1968 TLV list)
•Table Z-2 (ANSI list)
•Table Z-3 (ACGIH mineral dust)
Not many have been updated, partly because it is difficult to follow § 6(B) process

21
Q

The OSH Law

OELs have limitations

A

Not a community index (i.e. children)
Assume 8 hour day, 40 hour week
Adjust for other work patterns
NIOSH RELS assume 10 hour day, 40 hour week
Not a proof of hazard
May not be appropriate for all work conditions

22
Q

The OSH Law

Action Level

A

Added to new health standards § 6(B).
An exposure concentration chosen sufficiently below the exposure limit so that a random exposure measurement falling below this concentration indicates to a high level of confidence that a large proportion of all exposures are below occupational exposure limit.
​
Often ½ the PEL
Substance specific standards
Mandate specific actions such as signs, communication, exposure monitoring, medical monitoring

23
Q

The OSH Law

Hazard Communication (1983)

A

Chemical manufacturers must determine the physical and health hazards of their products. They must communicate these using labels on containers and Material Safety Data Sheets (MSDS).

RECENTLY UPDATED: GHS (globally harmonized systems).

This revision will have an impact on how hazard information is communicated.

24
Q

The OSH Law

Hazard Communication Standard

A

Written hazard communication program
Tell employees about the HAZCOM standard
Explain how it works in their workplace
Provide information and training on hazardous chemicals
Teach how to interpret MSDSs – now SDS (Safety Data Sheets)
Provide MSDSs - now SDS
Teach how to handle chemicals safely

25
Q

The OSH Law

OSHA Inspections

A 
Warrant (Barlow decision)
The Barlow decision said that an employer may request a warrant before allowing OSHA to inspect a workplace. This is not much of an impediment, as OSHA can easily establish probable cause.
Initiated by
Complaint
Accident
General inspection plan
Partial or complete
Whole work place or only specific operations
Health and/or safety
26
Q

The OSH Law

OSHA Inspections – what occurs

A 
Present credentials
Explain reason for visit
Involve union, if present
Inspect workplace
Write citations, if violations present
Employers may contest within 15 days
27
Q

The OSH Law

OSHA Penalties

A

Other than serious – optional up to $7000
Serious – mandatory – up to $7000
Willful – mandatory – between $5000 and $70,000
Repeat – mandatory up to $70,000
Failure to abate – mandatory up to $7,000 per day

28
Q

The OSH Law

State Plan States

A

The OSH Act allowed states to operate OSHA program that are ‘at least as effective as’ Federal program.
State Plans in: California and 22 other states and territories.
State plan states protect local and state workers

29
Q

California’s OSHA

A 
Law: Labor Code
Regulations: CCR
California Code of Regulations
Title 8 regulations are on line here:
http://www.dir.ca.gov/title8/index/T8index.asp
Federal Level
Federal OSHA Law
Regulations in Code of Federal Regulations (CFR)
Chapter 29 is Labor
Chapter 40 is EPA
30
Q

Scope and Application

A

Scope, Purpose, Application, General

Appear at Beginnings of Subchapters, Groups, Articles, etc.

Define Under What Circumstances Those Regulations Apply.

31
Q

California regulations

A

The following slides list some important California occupational health regulations.

I will not be testing on the numbers, only the requirements.

I don’t care if you know “3203”, but I do care is you know “IIPP”

32
Q

§ 3203 Injury and Illness Prevention Program (IIPP)

A

Employers must have a written and implemented safety program.
Responsible Person, Employee Compliance, Meetings, Hazard Identification, Investigate Accidents, Hazard Correction, Training.
Mandated in California
Federal OSHA is trying to implement a national IIPP.
In progress for several years now.

33
Q

§ 3380 to § 3389

A 
Personal Protective Equipment (PPE)
Helmets
Goggles
Hand Protection
Foot Protection
Federal OSHA: ( 29 CFR 1910.132 – 139)
34
Q

Industrial Hygiene

A 
Starts With Group 14 (§ 5075)
Non-Ionizing Radiation (§ 5085)
The Federal standard is advisory (should) while the California PEL is mandatory (shall)
 Noise § 5095 to § 5100
§ 5110: Ergonomics
No Federal rule
§ 5139 to § 5155: Airborne Contaminants
California has a means to update PEL’s
§ 5156 to § 5159: Confined Spaces
§ 5162: Emergency Eyewash and Shower.
§ 5163 to § 5192: Chemical Storage, Hazardous Substances, Emergency Spills.
§ 5193: Bloodborne Pathogens.
§ 5194: Hazard Communication.
Will update to follow Federal OSHA GHS
Substance-Specific Standards.
Includes Lead, Asbestos, Cadmium, Carcinogens.
70
35
Q

Occupational Safety and Health Act

A 
PL 91-256, December 29, 1970
Introduced by
Senator Harrison Williams (D, NJ)
Congressman William Steiger (R, WI)
(Williams – Steiger bill)
1969 Congress, signed by President Nixon

466A: Occupational Safety (2 decks)

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