Chapter 2 Regulations and OSHA Record Keeping Flashcards
Occupational Safety and Health Act was established on what date
December 29th 1970
Primary responsibilities of OSHA under the Occupational Safety and Health Act
- Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health standards.
- Provide for research in occupational safety and health and develop innovative ways of dealing with occupational safety and health problems
Establish “separate but dependent responsibilities and rights” for employers and employees for the achievement of better safety and health conditions.
• Maintain a reporting and record-keeping system to monitor job related injuries and illnesses; establish training programs to increase the number of competence of occupational safety and health
personnel.
• Develop mandatory job safety and health standards and enforce them effectively.
Who is covered under the Occupational Safety and Health Act
All private sector employers with one or more workers in all 50 states and U.S. territories
OSHA regulations do not apply to all employers in the public sector (municipal, county,
state, or federal government agencies); self-employed individuals; family
members operating a farm; or domestic household workers
Horizontal Standards vs. Vertical Standards
Horizontal standards are those standards that apply to all industries and employers
Vertical standards are those standards that apply only to particular industries and
employers
General Duty Clause
States that an employer shall furnish “a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees
Section 5(a)(1) of 1970 Occupational Safety and Health Act
OSHA Employer Rights and Responsibilities
Examine workplace conditions to make sure they comply with applicable standards
• Minimize or reduce hazards
- Use color codes, posters, labels, or signs when needed to warn employees of potential hazards
- Provide training required by applicable OSHA standards
- Keep OSHA required records
• Provide access to employee medical records and exposure records to
employees or their authorized representatives
OSHA Employees Rights and Responsibilities
Read the OSHA poster
- Follow the employer’s safety and health rules, and wear or use all required gear and equipment
- Follow safe work practices for your job, as directed by your employer
- Report hazardous conditions to a supervisor or safety committee
- Report hazardous conditions to OSHA, if employers do not fi x them
- Expect safety and health on the job without fear of reprisal
When an OSHA inspection occurs - the employer must
Be advised by the compliance officer of the reason for the inspection
- Require identification of the OSHA compliance officer
- Accompany the compliance officer on the inspection
- Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection
OSHA workplace inspection priorities
- Imminent danger situations
- Catastrophes and fatal accidents
- Employee complaints
- Programmed high-hazard inspections
- Follow-up inspections
Inspection opening conference
Purpose of visit
How facility was selected
Scope of inspection
Applicable standards
Inspection Steps
Opening conference
Walk through inspection
Closing conference
OSHA Walk through inspections
Compliance officer determines route
Compliance officer may review records, collect air samples, measure noise readings, or photograph and videotape certain areas.
Not required to have an employee representative to accompany compliance officer
OSHA closing conference
Compliance officer gives the employer and all other interested parties a copy of the
Employer Rights and Responsibilities
The compliance officer discusses with the employer all unsafe or unhealthful conditions observed during the inspection and indicates the violations for which he or she may recommend a
citation and a proposed penalty.
At this time, the compliance officer will also inform the employer of the appeal process
OSHA Citations
Area Director determines whether he or she will issue citation and/
or propose penalties. The Area Director will send all citations via certified
mail. Once the employer has received the citation they must post the citation
for 3 days or until the violation has been abated, whichever is longer
Types of OSHA Violations
Other-Than-Serious- Violation - : A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical
Serious Violation - violation where there is a substantial probability that death or serious physical harm could result. OSHA assesses the penalty for a serious violation from $1,500 to $7,000
Willful Violation - employer is aware that a hazardous condition exists, knows that the condition violates a standard or other obligation of the Act, and makes no reasonable effort to eliminate it. OSHA may propose penalties of up to $70,000
Repeated Violation - Violation of any standard, regulation, rule, or order where, upon reinspection, a substantially similar violation is found and the original citation has become a final order. Violations can bring a fine of up to $70,000 for each such violation with the previous 3 years
Failure to Abate Violation - : Failure to correct a prior violation may bring a civil penalty of up to $7,000 for each day that the violation continues beyond the prescribed abatement date
Other OSHA Penalties
- Falsifying records, reports, or applications can, upon conviction, bring a criminal fi ne of $10,000 or up to 6 months in jail, or both.
- Violating posting requirements may bring a civil penalty of $7,000.
• Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a
fine of not more than $5,000 and imprisonment for not more than 3 years.
OSHA Appeals process for Employer
Employer - Within 15 days, employer must submit written objection to OSHA
OSHRC (Occupational Health Review Commission)
Employer may also request an informal conference with Area Director- Area Director authorized to enter into settlement agreements that revise citations and penalties
OSHA Appeal for Employee
If an employee complaint initiates an inspection, the employee or authorized employee representative may request an informal review of any decision not to issue a citation.
Employees may not contest citations, amendments to citations, proposed penalties, or lack of penalties. They may, however, contest the
time allowed for abatement of a hazardous condition
Employees may request an informal conference with OSHA to discuss any issues raised by an inspection, citation, notice of proposed penalty, or employer’s notice of intention to contest
Petition for Modification of Abatement
Employer that has made a good faith effort to complete corrections
Petition must specify steps, additional time, and interim steps to safeguard employees
Notice of Contest
If the employer decides to contest either the citation, the abatement period, or
the proposed penalty, he or she has 15 working days from the time the citation and proposed penalty are received to notify the OSHA Area Director in
writing
Hazard Communication- purpose
The Hazard Communication Standard (HCS), 29 CFR 1910.1200 (h), requires all employers to provide information and training to their employees about the hazardous chemicals to which they may be exposed at the time of their initial assignment and whenever a new hazard is introduced into their work area.
All chemicals produced or imported are evaluated, and that information concerning their hazard is transmitted to employers and employees.
Includes container labeling, safety data sheets and employee training
Written Hazardous Communication Program
List of hazardous chemicals present in workplace
methods employer will use to inform employees
Chemical manufacturer, importer, or distributer must ensure that hazardous chemicals leaving the workplace are:
Identified
Appropriate hazard warnings
Include the name and address of chemical manufacturer, importer, or other responsible party
Safety Data sheets
Employers shall have one for each hazardous chemical
Must be in English
Employee Training shall include:
Methods and observations used to detect presence or release of haz. chemicals in work area
Physical and health hazards of chemicals
Measure employees can take to protect themselves
Details of hazard communication program
Bloodborne Pathogen Standard
Exposure Control Plan to eliminate or minimize employee exposure
Must contain exposure determination and the schedule and method of implementation for methods of compliance
Must be reviewed and updated at least annually or whenever necessary
Bloodborne Pathogens Communication of Hazards
Labels required on containers of regulated waste, refrigerators, and freezers containing blood or other potentially infectious materials; and other containers used to store, transport, or ship blood or other potentially infectious materials
Other Potentially Infectious Materials
Human body fluids: semen, vaginal secretions, cerebrospinal fluids, synovial fluids, pleural fluid pericardial fluid, peritoneal fluid, amniotic
fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is
difficult or impossible to differentiate between body fluids or any
unfixed tissue or organ from a human
Hepatitis B Vaccine
Must be made available to all employees who have occupation exposure and post-exposure evaluation and follow up to all employees who have had and exposure incident
Should an employee refuse to take the hepatitis B vaccine, the employer is required to obtain a written statement of his or her refusal
Record Keeping- Employer should maintain:
The name and social security number of the employee
A copy of the employee’s hepatitis B vaccination status, including
the dates of all the hepatitis B vaccinations and any medical records
relative to the employee’s ability to receive vaccination
A copy of all results of examinations, medical testing, and follow-up
procedures
The employer’s copy of the health-care professional’s written opinion
A copy of the information provided to the health-care professional
Training records shall include the following information:
The dates of the training sessions
The contents or a summary of the training sessions
The names and qualifi cation of persons conducting the training
The names and job titles of all persons attending the training sessions
Training records shall be maintained for 3 years from the date on which the
training was held
Control of Hazardous Energy Standard
Servicing and maintenance of machines and equipment in which the unexpected energization or start up of the machines or equipment or release of stored energy could cause injury
Lockout Device
Device that utilizes a positive means, such as a lock, either key or combination type, to hold an energy isolating device in a safe position and prevent the energizing of a machine or equipment
Energy Isolating device
A mechanical device that physically prevents the
transmission or release of energy, including, but not limited to the following:
a manually operated electrical circuit breaker;
a disconnect switch;
a manually operated switch by which the conductors of a circuit can be disconnected for all ungrounded supply conductors, and, in addition, no pole can
be operated independently;
a line valve;
a block;
any similar device used to block or isolate energy.
Push buttons, selector switches, and other control
circuit type devices are not energy isolating devices.
Energy Control Program
Program consisting of energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, start up, or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source, and rendered inoperative
Energy Control Program Inspection
At least annually
Performed by an authorized employee other than the one(s) utilizing the energy control procedure being inspected
Employer shall certify
Energy Control Program Training and Communication
Recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control
Purpose and use of the energy control procedure
Prohibition relating to attempts to restart or reenergize machines or equipment that are locked or tagged out
Confined Space Energy Standard
The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.
If the workplace contains permit spaces,
the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces
Confined Space Entry Program - written permit space program
Implement the measures necessary to prevent unauthorized entry
Identify and evaluate the hazards of permit spaces before the
employee enters them
Develop and implement the means, procedures, and practices necessary for safe permit space entry operations
The employer shall provide training so that all employees whose work is regulated by this standard acquire the understanding, the knowledge, and the skills necessary for the safe performance of their duties.
Confined Space Entry Permit shall include:
• Permit space to be entered • Purpose of the entry • Date and the authorized duration of the entry permit • Authorized entrants by name • Attendant name • Entry supervisor (by name) • Measures to isolate the permit space and to eliminate or control permit space hazards before entry
Personal Protective Equipment
PPE for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shield and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards
of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact
Employers shall provide
If employee owned, employer is responsible for adequacy, including proper maintenance and sanitation of such equipment
PPE - Hazard Assessment and Equipment Selection
Employer shall asses workplace for hazards, if required the employer shall
(1) select and have each affected employee use the types of PPE that will protect the affected
employee from the hazards identified in the hazard assessment;
(2) communicate selection decisions to each affected employee; and
(3) select PPE that properly fits each affected employee.
PPE - Training
- When PPE is necessary
- What PPE is necessary
- How to properly don, doff, adjust, and wear PPE
- Limitations of the PPE
- Proper care, maintenance, and useful life and disposal of the PPE
Respiratory Protection Standard
To control those occupational diseases caused by breathing air contaminated with harmful dusts,
fogs, fumes, mists, gases, smokes, sprays, or vapors. This shall be accomplished as far as feasible by accepted engineering control measures. When effective engineering control measures are not feasible, or while they are
being instituted, appropriate respirators shall be used
Respirators
Provided by employer
Applicable and suitable for purpose intended
Employer responsible for establishment and maintenance of respiratory program that shall include requirements of standard
Respiratory Written Program
- Procedures for selecting respirators for use in the workplace
- Medical evaluations of employees required to use respirators
- Fit testing procedures
- Procedures for proper use of respirators
- Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators
- Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators
- Training required for respirator usage
- Procedures for evaluating the effectiveness of the program
Respiratory Program Training
- Why respirator protection is necessary, and how improper wearing or use can compromise the protection received
- Limitations and capabilities of the respirator and/or cartridge (filter)
- Inspection and maintenance procedures
- Cleaning, disinfecting, and storage procedures
- Proper wear of the respirator
Fall Protection Standard
Fall protection in construction work areas covered by this standard
The employer shall determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to support employees safely
Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge that is 6 ft or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest system
Fall Protection Training
• Nature of fall hazards in the work area
• Correct procedures for erecting, maintaining, disassembling, and
inspecting fall protection systems to be used
• Use and operation of guardrail systems, personal fall arrest systems,
safety net systems, warning line systems, safety monitoring systems,
controlled access zones, and other protection to be used
• Role of each employee in the safety monitoring system
• Limitations on the use of mechanical equipment during the performance of roofing work on low-sloped roofs
• Correct procedures for the handling and storage of equipment and
materials and the erection of overhead protect
• Role of employers in fall protection plans
• Specific requirements of the standard
Record Keeping Forms
Employers must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses.8 The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses
Injury Illness Death Recording / Reporting
Injury/ Illness -7 calendar days
Death - 8 hours
Privacy Cases
• An injury or illness to an intimate body part or the reproductive
system
• An injury or illness resulting from a sexual assault
• Mental illnesses
• HIV infection, hepatitis, or tuberculosis
• Needle stick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious
materials
• Other illnesses if the employee voluntarily requests that his or her
name not be entered on the log.
Recordable Injuries / Illnesses
- Death
- Days away from work
- Restricted work or transfer to another job
- Medical treatment beyond first aid
- Loss of consciousness
- Injury or illness diagnosed by a physician or other licensed healthcare professional
Total Case Incident Rates
TCIR = (Number of injury or illness cases * 200,000 )
Total no. hours worked
Calculating Days Away, Restricted, or Transfer Rates
Use only those injury cases that resulted in days away, restricted, or transfer from job
DART = No. of DART cases * 200,000
Total no. of hours worked
Severity Rate
Severity Rate = (Number lost work days * 200,000)
