Introduction to OSHA

Why is OSHA important to you?

OSHA began because, until 1970, there were no national laws for safety and health hazards.

On average, 15 workers die every day from job injuries.

Over 5,600 Americans die from workplace injuries annually.

Over 4 million non-fatal workplace injuries and illnesses are reported.

OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor. OSHA's responsibility is worker safety and health protection.

On December 29, 1970, President Nixon signed the OSH Act.

This Act created OSHA, the agency, which formally came into being on April 28, 1971.

The mission of OSHA is to save lives, prevent injuries and protect the health of America's workers.

Some of the things OSHA does to carry out its mission are: Developing job safety and health standards and enforcing them through worksite inspections.

Maintaining a reporting and recordkeeping system to keep track of job-related injuries and illnesses.

Providing training programs to increase knowledge about occupational safety and health.

What Rights Do You Have Under OSHA?

You have the right to: a safe and healthful workplace.

To know about hazardous chemicals.

Information about injuries and illnesses in your workplace.

Complain or request hazard correction from employer.

Training, to hazard exposure and medical records.

To file a complaint with OSHA.

To participate in an OSHA inspection.

To be free from retaliation for exercising safety and health rights.

The creation of OSHA provided workers the right to a safe and healthful workplace.

The OSH Act states: “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.”

Employers must have a written, complete hazard communication program that includes information on container labeling, Material Safety Data Sheets, and worker training.

The training must include the physical and health hazards of the chemicals and how workers can protect themselves; including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment.

OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses.

Workers have the right to review the current log, as well as the logs stored for the past 5 years.

Workers also have the right to view the annually posted summary of the injuries and illnesses.

Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith.

OSHA regulations protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.

Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow.

Workers have the right to examine and copy exposure and medical records.

Examples of toxic substances and harmful physical agents are: Metals and dusts, such as, lead, cadmium, and silica.

Biological agents, such as bacteria, viruses, and fungi.

Physical stress, such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.

Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace.

Workers may request that their name not be revealed to the employer.

If a worker files a complaint, they have the right to find out OSHA’s action on the complaint and request a review if an inspection is not made.

Employee representative can accompany OSHA inspector.

Workers can talk to the inspector privately.

Workers may point out hazards, describe injuries, illnesses or near misses that resulted from those hazards and describe any concern you have about a safety or health issue.

Workers can find out about inspection results, abatement measures and may object to dates set for violation to be corrected.

Workers have the right to be free from retaliation for exercising safety and health rights.

Workers have a right to seek safety and health on the job without fear of punishment.

This right is spelled out in Section 11(c) of the OSH Act.

Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights.

Employers must: Provide a workplace free from recognized hazards and comply with OSHA standards.

Provide training required by OSHA standards.

Keep records of injuries and illnesses.

Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records.

Not discriminate against workers who exercise their rights under the Act (Section 11(c)).

Post OSHA citations and abatement verification notices, Provide and pay for personal protective equipment.

Employers must: Report each worker death.

Report each incident that hospitalizes 3 or more workers.

Maintain injury & illness records.

Inform workers how to report an injury or illness to the employer.

Make records available to workers.

Allow OSHA access to records.

Post annual summary of injuries & illnesses.

The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times.

OSHA conducts inspections without advance notice, except in rare circumstances (for example, Imminent Danger).

In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

OSHA conducts inspections by its own priority list.

First priority is any situation that involves imminent danger. OSHA will conduct an inspection when they are reasonably certain an immediate danger exists.

Second priority is fatalities or catastrophes. When a death is reported, OSHA will inspect as soon as possible.

Third priority is complaints and referrals. A worker or worker representative can file a complaint about a safety or health hazard for OSHA to follow-up on.

Fourth priority is programmed inspections. Programmed inspections cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

OSHA follows its own standards for assessing citations and penalties.

A willful violation is when the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation.

A serious violation is one with substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard.

There is a mandatory penalty for serious violations which may be up to $7,000.

An other-than-serious violation has a direct relationship to safety and health, but probably would not cause death or serious physical harm.

OSHA may propose a penalty of up to $7,000 for each other-than-serious violation.

A repeated violation is the same or similar to a previous violation.

OSHA may propose penalties of up to $70,000 for each repeated violation.

In summary, this lesson covered: The importance of OSHA, including the history of safety and health regulation leading to the creation of OSHA and OSHA’s mission.

Worker rights under OSHA.

Employer responsibilities.

OSHA standards and OSHA inspections.