Chapter 2 Regulations and OSHA Record Keeping

Question 1

Occupational Safety and Health Act was established on what date

Answer 1

December 29th 1970

Question 2

Primary responsibilities of OSHA under the Occupational Safety and Health Act

Answer 2

• 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.

Question 3

Who is covered under the Occupational Safety and Health Act

Answer 3

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

Question 4

Horizontal Standards vs. Vertical Standards

Answer 4

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

Question 5

General Duty Clause

Answer 5

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

Question 6

OSHA Employer Rights and Responsibilities

Answer 6

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

Question 7

OSHA Employees Rights and Responsibilities

Answer 7

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

Question 8

When an OSHA inspection occurs - the employer must

Answer 8

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

Question 9

OSHA workplace inspection priorities

Answer 9

• Imminent danger situations
• Catastrophes and fatal accidents
• Employee complaints
• Programmed high-hazard inspections
• Follow-up inspections

Question 10

Inspection opening conference

Answer 10

Purpose of visit
How facility was selected
Scope of inspection
Applicable standards

Question 11

Inspection Steps

Answer 11

Opening conference
Walk through inspection
Closing conference

Question 12

OSHA Walk through inspections

Answer 12

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

Question 13

OSHA closing conference

Answer 13

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

Question 14

OSHA Citations

Answer 14

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

Question 15

Types of OSHA Violations

Answer 15

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

Question 16

Other OSHA Penalties

Answer 16

• 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.

Question 17

OSHA Appeals process for Employer

Answer 17

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

Question 18

OSHA Appeal for Employee

Answer 18

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

Question 19

Petition for Modification of Abatement

Answer 19

Employer that has made a good faith effort to complete corrections

Petition must specify steps, additional time, and interim steps to safeguard employees

Question 20

Notice of Contest

Answer 20

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

Question 21

Hazard Communication- purpose

Answer 21

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

Question 22

Written Hazardous Communication Program

Answer 22

List of hazardous chemicals present in workplace

methods employer will use to inform employees

Question 23

Chemical manufacturer, importer, or distributer must ensure that hazardous chemicals leaving the workplace are:

Answer 23

Identified
Appropriate hazard warnings
Include the name and address of chemical manufacturer, importer, or other responsible party

Question 24

Safety Data sheets

Answer 24

Employers shall have one for each hazardous chemical

Must be in English

Question 25

Employee Training shall include:

Answer 25

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

Question 26

Bloodborne Pathogen Standard

Answer 26

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

Question 27

Bloodborne Pathogens Communication of Hazards

Answer 27

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

Question 28

Other Potentially Infectious Materials

Answer 28

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

Question 29

Hepatitis B Vaccine

Answer 29

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

Question 30

Record Keeping- Employer should maintain:

Answer 30

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

Question 31

Control of Hazardous Energy Standard

Answer 31

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

Question 32

Lockout Device

Answer 32

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

Question 33

Energy Isolating device

Answer 33

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.

Question 34

Energy Control Program

Answer 34

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

Question 35

Energy Control Program Inspection

Answer 35

At least annually

Performed by an authorized employee other than the one(s) utilizing the energy control procedure being inspected

Employer shall certify

Question 36

Energy Control Program Training and Communication

Answer 36

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

Question 37

Confined Space Energy Standard

Answer 37

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

Question 38

Confined Space Entry Program - written permit space program

Answer 38

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.

Question 39

Confined Space Entry Permit shall include:

Answer 39

• 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

Question 40

Personal Protective Equipment

Answer 40

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

Question 41

PPE - Hazard Assessment and Equipment Selection

Answer 41

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.

Question 42

PPE - Training

Answer 42

• 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

Question 43

Respiratory Protection Standard

Answer 43

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

Question 44

Respirators

Answer 44

Provided by employer

Applicable and suitable for purpose intended

Employer responsible for establishment and maintenance of respiratory program that shall include requirements of standard

Question 45

Respiratory Written Program

Answer 45

• 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

Question 46

Respiratory Program Training

Answer 46

• 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

Question 47

Fall Protection Standard

Answer 47

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

Question 48

Fall Protection Training

Answer 48

• 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

Question 49

Record Keeping Forms

Answer 49

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

Question 50

Injury Illness Death Recording / Reporting

Answer 50

Injury/ Illness -7 calendar days

Death - 8 hours

Question 51

Privacy Cases

Answer 51

• 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.

Question 52

Recordable Injuries / Illnesses

Answer 52

• 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

Question 53

Total Case Incident Rates

Answer 53

TCIR = (Number of injury or illness cases * 200,000 )

                 Total no. hours worked

Question 54

Calculating Days Away, Restricted, or Transfer Rates

Answer 54

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

Question 55

Severity Rate

Answer 55

Severity Rate = (Number lost work days * 200,000)