OSHA- General Information/Introduction

Question 1

Makes the US Occupational Safety and Health Administration (OSHA) responsible for assuring so far as possible every working man and woman in the Nation safe and healthful working conditions.

Answer 1

Occupational Safety and Health Act

Question 2

Employers to 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 employees.

Answer 2

Occupational Safety and Health Act Requires:

Question 3

All employers in the United States and its territorries.

Answer 3

In General, The Act Extends to:

Question 4

Coverage is provided by federal OSHA or through this kind of program, which is required to be at least as effective as the federal program.

Answer 4

OSHA-Approved State Program

Question 5

• Inspect any facility under its jurisdiction
• Issue citations
• Assess penalties for violations

Answer 5

To Carry out Its Charge, OSHA has the Authority to:

Question 6

To provide NFDA members with basic information on compliance with general OSHA standards and more detailed information on compliance with three specific standards.

1. Hazard communication
2. Formaldehyde exposure and
3. Exposure to bloodborne pathogens

Answer 6

OSHA Publication

Question 7

This guide cannot be relied upon as a substitute for the actual regulations in effect in your state. This guide replaces all previous NFDA “ Living with OSHA” compliance gudes distributed to members.

Answer 7

Intended o serve as a Basic Model for Establishing Policies and Programs Necessary for Compliance

Question 8

Usually conducted without advance notice. Alerting an employer without proper authorization in advance of an OSHA inspection can bring a fine of up to $1,000 and/or a 6 month jail term. (misdemeanor).

Answer 8

OSHA Inspections

Question 9

1. Imminent danger
2. Catastrophes and fatal accidents
3. Employee complaints
4. Programmed inspection
5. Follow-up inspection

Answer 9

Inspection Priorities

Question 10

Any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures.

Answer 10

Imminent Danger

Question 11

Investigation of fatalities and accidents resulting in hospitalization of five or more employees.

Answer 11

Catastrophes and Fatal Accidents

Question 12

Formal employee complaints of alleged violations of standards or of unsafe or unhealthful working conditions.

Answer 12

Employee Complaints

Question 13

Inspections aimed at specific high hazard industries. Industries are selected for inspection on the basis of injury incidence rates, previous citation history, employee exposure to toxic substances, or random selection.

Answer 13

Programmed Inspections

Question 14

To determine previously cited violations have been corrected.

Answer 14

Follow-Up Inspections

Question 15

When the OSHA compliance officer arrives at the establishment, he or she should display official credentials and ask to meet with an appropriate employer representative. Employers should always ask to see the compliance officer’s credentials, which can be verified by calling the nearest federal or state OSHA office.

Answer 15

Inspector’s Credentials

Question 16

May not collect a penalty at the time of inspection or promote the sale of a product or service at any time; anyone who attempts to do so should be reported to the FBI or local law enforcement officials.

Answer 16

Compliance Officers

Question 17

This is when the compliance officer explains how the establishment was selected and determines whether it will be subject to a comprehensive safety inspection. The compliance officer will also ascertain whether an OSHA-funded consultation program is in progress or whether the facility is pursuing or has recieved an inspection exemption; if so, the inspection may be terminated.

Answer 17

In the Opening Conference

Question 18

• The purpose of the visit
• The scope of the inspection
• The standards that apply

The employer will be given a copy of applicable safety and health standards as well as a copy of any employee complaint that may be involved (with the employee’s name deleted, if the employee has requested anonymity).

Answer 18

The Compliance Officer Explains:

Question 19

The employer is asked to select this, to accompany the compliance officer during the inspection.

Answer 19

Employee Representative

Question 20

Is also given the opportunity to attend the opening conference and to accompany the compliance officer during the inspection.

Answer 20

Employee Representative Selected by the Employees

Question 21

That an employee representative participate in the inspection. Where there is no authorized employee representative, however, the compliance officer must consult with a reasonable number of employees concerning safety and health matters in the workplace.

Answer 21

The Law Does not Require:

Question 22

The compliance officer and accompanying representative proceed through the establishment to inspect work areas for safety or health hazards. The route and duration of the inspection are determined by the compliance officer.

Answer 22

After the Opening Conference

Question 23

• Observes safety and health conditions and practices
• Consults with employees privately
• If necessary, takes photos and instrument readings
• Examines records
• Collects air samples
• Measures noise levels
• Surveys existing engineering controls
• Monitors employee exposure to toxic fumes, gasses, and dusts.

Answer 23

The Compliance Officer:

Question 24

OSHA places special importance on this. The compliance officer will inspect records of deaths, injuries and illness whch the employer is required to keep.

Answer 24

Posting and Recordkeeping

Question 25

He or she will check to see that a copy of the totals from the last page of OSHA Form No. 200 has been posted and that the OSHA workplace poster (OSHA 2203) is prominently displayed.

Answer 25

The Compliance Officer will Inspect Records of Deaths, Injuries and Illness Which the Employer is Required to Keep.

Question 26

Explains employee’s safety and health rights.

Answer 26

OSHA Workplace Poster (OSHA 2203)

Question 27

Funeral homes are required to prominently display this.

Answer 27

OSHA’s Workplace Safety Poster or Their State Equivalent

Question 28

Funeral homes are not required by state law to maintain or post this.

Answer 28

OSHA Forms 200 or 101

Question 29

The compliance officer will point out to the employer any unsafe or unhealtful working condition observed and will discuss possible corrective action if the employer so desires.

Answer 29

During the Course of Inspection

Question 30

After the inspection tour, this is held with the compliance officer, the employer, adn the employee representative.

Answer 30

Closing Conference

Question 31

During the closing conference, the compliance officer will give the employer a copy of this, briefly discuss the information in the booklet and answer any questions.

Answer 31

“Employee Rights and Responsibilities Following an OSHA Inspection”

Question 32

• All unsafe or unhealthful conditions observed on the inspection
• Indicates all apparent violations for which a citation and a proposed penalty may be issued or recommended.
• Will not indicate any specific proposed penalties
• The employer is informed of appeal rights

Answer 32

During the Closing Conference, the Compliance Officer Discusses with the Employer:

Question 33

After the compliance officer reports findings, the area director determines if citations will be issued and if penalties will be proposed.

Answer 33

Inspection Results

Question 34

Inform the employer and employees of the regulations and standards alleged to have been violated and of the proposed length of time set for their abatement.

Answer 34

Citations

Question 35

The employer will recieve citations and notices of proposed penalties in this way.

Answer 35

Certified Mail

Question 36

The employer must post a copy of each citation at or neat the place a violation occurred for:

Answer 36

3 Days or Until the Violation is Abated, Whichever is Longer

Question 37

May differ in states wtih their own occupation saftey and health programs.

Answer 37

Citations and Penalty Procedures

Question 38

When issued a citation and notice of proposed penalty, an employer may request this with OSHA’s area director to discuss the case.

Answer 38

Informal Conference

Question 39

Authorized to enter into settlement agreements that revise citations and penalties. This can avoid prolonged legal disputes ad result in speedier hazard abatement.

Answer 39

The Area Director

Question 40

May request an informal conference with OSHA to discuss any issues reaised by an inspeaction, citation, notice or proposed penalty, or employer’s notice of intention to contest.

Answer 40

Employees

Question 41

Upon receiving a citation, the employer must correct the cited hazard by the abatement date unless he or she contests the citation abatement date.

Answer 41

Petition for Modification of Abatement (PMA)

Question 42

Pay prevent the completion of corrections by the specified date. In such a situation, the employer who has made a good faith effort to comply may file for a PMA date.

Answer 42

Factors Beyond the Employer’s Control

Question 43

Within 15 working days of receipt of a citation, the employer who wishes to contest a citation must submit a written objection to OSHA.

Answer 43

Notice of Contest

Question 44

The OSHA area director forwards the objection to this, which operates independently of OSHA or the Department of Labor

Answer 44

Occupational Safety and Health Review Commission (OSHRC).

Question 45

Failure to submit a written objection to OSHA will result in the citation and proposed penalty becoming a final order fo the OSHRC without further appeal. An orally expressed disagreement will not suffice. This written notification is called:

Answer 45

Notice of Contest

Question 46

A copy of the notice of contest must be given to this person. If any affected employees are not represented by a recognized bragaining agent, a copy of the notice must be posted in a prominent location in the workplace or given personally to each unrepresented employee.

Answer 46

The Employee’s Authorized Representative

Question 47

Upon receiving the case, the OSHRC assigns the case to:

Answer 47

An Administrative Law Judge

Question 48

A hearing may be scheduled here. The employer and the employees have the right to participate in the hearing; the OSHRC does not require that they be represented by attorneys.

Answer 48

A Public Place Near the Employer’s Workplace

Question 49

Any party to the case may request a further review by OSHRC. Any of the three OSHRC Commissioners also may, at his or her own motion, bring a case before the Commission for review. Commission rulings may be appealed to the appropriate US Court of Appeals.

Answer 49

Once the Administrative Law Judge has Ruled

Question 50

States with their own occupational safety and health programs have a state system for review and appeal of citations, penalties, and abatement periods. The procedures are generally similar to federal OSHA’s, but cases are heard by a state review board or equivalent authority.

Answer 50

Appeals in State Plan States

Question 51

All employers, including funeral directors, must display OSHA’s job safety and health protection workplace poster 2203, or its state equivalent.

Answer 51

Safety and Health Workplace Postor

Question 52

1. OSHA form 200
2. OSHA form 101

Answer 52

OSHA Relies Heavily Upon the use of Two Standard Forms to Capture Work-Related Information on Illnesses and injuries:

Question 53

A basic log and summary of information regarding each injury and illness noted on the log. Employers required to maintain the log must also post it periodically.

Answer 53

OSHA form 200

Question 54

Used to supply supplementary information regarding each injury and illness noted on the log. This form need not be completed if other report forms, such as worker’s compensation reports, contain all the specified information.

Answer 54

OSHA form 101

Question 55

OSHA forms 200 and 101 are not required by these people to maintain, unless a particular firm is notified by the Bureau of Labor Statistics that it has been selected to participate in a statistical survey. Standard industry Classification (SIC) series 7.2 is exempt from this basic recordkeeping requirement. Funeral service is SIC 7261, therefore funeral service is exempt.

Answer 55

Funeral Homes

Question 56

May be subject to illness and injury logs of an equivalent state requirement, and can check with their state association, OSHA office or NFDA for information specific to their state.

Answer 56

Funeral Homes Operating in States with OSHA Approved Safety and Health Plans

Question 57

NFDA strongly recomends members voluntarily obtain and use the standard forms provided by OSHA to record work-related illnesses and injuries in the funeral home. The forms are readily available from OSHA offices and well-designed for this purpose. Posting is not necessary.

Answer 57

Despite the Federal Exemption

Question 58

Along with all other businesses covered by OSHA regulations, funeral homes are required to report, orally or in writing, to their local or regional OSHA office, any employment accident which results in death of an employee or the hospitalization of five or more employees.

Answer 58

Accidents

Question 59

The accident report must be filed within this time frame of the accident, and must explain the circumstances of the accident; the number of fatalities, if any; and the extent of any injuries.

Answer 59

48 Hours

Question 60

All workers performing tasks in or for our firm shall be informed about potential hazards in the workplace and procedures which must be followed to reduce or eliminate hazards. Proper equipment, protective clothing, procedures and training shall be provided at no cost to employees. Dedication to safe working and driving habits is expected of all personnel. Trade embalmers and other workers who are not directly employed by the firm shall be advised to this policy.

Answer 60

General Health and Safety

Question 61

Agreements and contracts with independent contractors shall be executed with specific provisions regarding responsibilities for compliance with OSHA standards.

Answer 61

Independent Contractors

Question 62

Where the work place and premises are jointly owned, operated and controlled by two or more parties, the parties shall execute an agreement or contract specifying responsibilities for compliance with OSHA standards. Where the work environment and premises are owned, operated and controlled by primary business, and a secondary business or employer utilizes the work site under a contractual or other agreement, the primary business shall accept full responsibility for compliance with OSHA standards.

Answer 62

Multi-Employer Worksites

Question 63

Risk of employee exposure to occupational safety and health hazards shall be minimized. Employee access to work areas where hazardous substances are present shall be minimized and strictly regulated. Work practices and tasks performed by individuals in different job classifications shall be reviewed and changed if necessary to eliminate or reduce exposure risk.

Answer 63

Exposure Reductions

Question 64

Employees are required to report to management all incidences of work-related illnesses, injury, and accidents. This practice is required regardless of how minor an incident may seem at the time it occurs.

Answer 64

Reports of Illness, Injuries and Accidents

Question 65

Failure to follow procedures necessary to protect against occupational exposure to hazardous substances may result in disciplinary action or dismissal of an employee or the termination of a contractual arrangement with an independent contractor.

Answer 65

Sanctions for Noncompliance

Question 66

A separate, written emergency plan specific to this funeral home facility shall be developed, consisting of information on:

• The location of first aid kits in the facility and in vehicles;
• The location of drench shower and eyewash facilities;
• Emergency phone numbers for paramedics and fire departments;
• The name, address and phone numbers of area hospitals an emergency rooms;
• The location of emergency exits;
• The location of extinguishers and hoses;
• The procedure to be followed in the event of a fire or other emergency.
• The names or job titles of individuals responsible for responding to the need for emergency action, including the evacuation of designated areas, calling for emergency assistance and accounting for all employees following evacuation.

Answer 66

Emergency Plan

Question 67

Seperate, written plans shall be developed for compliance with the following OSHA standards:

• Hazard communication
• Formaldehyde exposure
• Exposure to bloodborne pathogens

Answer 67

Standard Specific Plans

Question 68

Considered to be on of the most important aspects of occupational safety and health. At the least, training shall be conducted at the time an employee is introduced to a hazard, at the time any new hazards are introduced to the workplace and any time new information becomes available on the risk of exposure to hazards or safe work practices. Training on some hazards shall be conducted annually. Frequency and centent of training programs is specified under each standard-specific compliance plan.

Answer 68

Employee Training

Question 69

• Occupational safety and health records shall be maintained as specified under each standard-specific compliance plan.
• Employee medical records shall be maintained seprately from other personnel records to assure confidentiality, and shall be retained for the duration of employment plus 30 years.
• An employee or designated representative of an employee shall be promptly granted access to medical record upon request.

Answer 69

Recordkeeping