Occupational Safety and Health Act Overview

Regulations

• Occupational Safety and Health Act passed in 1970
• Purpose: Ensure safe and healthful working conditions for men and women
• OSHA (Occupational Safety and Health Administration) is an agency of the US Department of Labor
• Created by Congress in 1970 to set and enforce rules/regulations protecting workers from unsafe/unhealthy conditions.

Primary Responsibility of OSHA

• Reduce workplace hazards and implement new/improved safety and health standards
• Provide research in Occupational Health and Safety (OHS)
• Maintain a reporting and record-keeping system
• Establish separate responsibilities and rights for employers and employees
• Develop mandatory job safety/health standards and enforce effectively

Who is Covered Under OSHA?

• All private sector employers with one or more workers
• OSHA regulations do not apply to: public sector employees (municipal, country, state or federal government agencies); self-employed individuals; family members operating a farm; or domestic household workers.

What is a Standard?

• A document providing requirements, guidelines, specifications, or characteristics for consistent use to ensure materials, products, processes and services are fit for purpose.
• Examples include ISO 45001 (Health and Safety management system), ISO 14001 (Environmental Management System) and ISO 9001 (Quality Management System).

Hazard Communication Standards

• Designed to ensure chemical safety in the workplace
• Employers must comply with 4 main requirements: proper chemical labeling on containers; provision of Safety Data Sheets (SDS); providing training to employees; and developing/maintaining a written Hazard Communication program.

OSHA Workplace Compliance Office

• Starts inspections with an Opening Conference
• Ends inspections with a Closing Conference
• Compliance officer reports to area director on citation/penalty
• Employers have 15 working days to challenge citation or penalty
• Medical information not disclosed without employee consent

Record Keeping

• Medical records of employees maintained for 30 years
• Training records maintained for 3 years
• OSHA Form 300 (Log of work-related injuries and illnesses), OSHA 300-A (Summary), OSHA 301 (Incident Report)
• Work-related recordable injuries (e.g., LTI, no First Aid, injuries, medical treatment, fatalities, lost time working days) must be reported to OSHA (Form 300 and 301), within 7 working days.

Hazardous Materials and Wastes

• Resource Conservation and Recovery Act (RCRA): primary law for solid and hazardous waste disposal
• Solid waste includes both hazardous and non-hazardous wastes defined as garbage or refuse
• RCRA established a cradle-to-grave system for governing hazardous waste
• Wastes are considered hazardous if ignitable, corrosive, reactive or toxic

Land Disposal Restrictions (LDR)

• Prohibiting the disposal of hazardous waste without treatment
• Wastes subject to LDR include solvents, electroplating waste, heavy metals, and acids
• Universal waste rule reduces regulatory burden on businesses generating universal waste

Used Oil Management Standards

• Used oil is any oil (synthetic or refined) that has been used and is contaminated by physical or chemical properties.
• Animal and Vegetable oils are excluded.

Underground Storage Tanks

• Any system with underground piping connected to the tank containing at least 10% of its combined volume underground is regulated.

Exclusions

• Farm/residential tanks of 1100 gallons or less holding motor fuel used for non-commercial purposes
• Tanks of 110 gallons or less capacity
• Septic tanks and storm water/wastewater collection systems

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

• Known as Superfund (1980)
• Created taxes on chemical and petroleum industries

Emergency Planning and Community Right-to-Know Act (EPCRA)

• 1986
• To secure information on all new and existing chemical substances

Toxic Substance Control Act (1976)

• Information on chemical substances

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

• 1972
• Classifies pesticides as general use or restricted use

Hazardous Waste Operations

• Adequate planning is the most crucial element in hazardous waste operations
• Site Characterization provides information for identifying hazards and selecting worker protection methods

Legal Terms

• Product Liability: Legal liability of manufacturers and sellers for harm caused by defective products.
• Strict Liability: Liability without proof of fault, e.g., owning dangerous animals
• Res Ipsa Loquitur: "The thing speaks for itself" (negligence is obvious)
• Caveat Emptor: "Let the buyer beware"

Tort

• Civil wrong resulting in legal liability for the person causing it
• Types include intentional, negligence, and strict liability torts
• Includes force majeure, anticipatory breach, frustration of purpose, executory contracts, and non-disclosure agreements.

This quiz provides an overview of the Occupational Safety and Health Act, which was passed in 1970 to ensure safe working conditions. Explore the primary responsibilities of OSHA and understand who is covered under these regulations. Test your knowledge of workplace safety laws and their implications.