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Questions and Answers
What year was the Occupational Safety and Health Act (OSHAct) enacted?
What year was the Occupational Safety and Health Act (OSHAct) enacted?
Which agency is primarily responsible for regulating hazardous materials within a facility?
Which agency is primarily responsible for regulating hazardous materials within a facility?
Which of the following groups is partially exempt from keeping injury or illness records under OSHA regulations?
Which of the following groups is partially exempt from keeping injury or illness records under OSHA regulations?
Which statement about OSHA's jurisdiction in military operations is correct?
Which statement about OSHA's jurisdiction in military operations is correct?
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Which of the following is NOT included under OSHA's jurisdiction?
Which of the following is NOT included under OSHA's jurisdiction?
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What must be proven for OSHA to invoke the General Duty Clause?
What must be proven for OSHA to invoke the General Duty Clause?
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What is the primary purpose of the Congressional Review Act (CRA)?
What is the primary purpose of the Congressional Review Act (CRA)?
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What is a consequence of Congress approving a CRA joint resolution of disapproval?
What is a consequence of Congress approving a CRA joint resolution of disapproval?
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Under which circumstance can OSHA invoke the General Duty Clause?
Under which circumstance can OSHA invoke the General Duty Clause?
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What is an example of a condition OSHA considers when evaluating a hazard under the General Duty Clause?
What is an example of a condition OSHA considers when evaluating a hazard under the General Duty Clause?
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What does Executive Order 12196 address?
What does Executive Order 12196 address?
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What is a significant limitation regarding OSHA's authority over federal agencies?
What is a significant limitation regarding OSHA's authority over federal agencies?
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What legislation made the Occupational Safety and Health Act applicable to the U.S. Postal Service?
What legislation made the Occupational Safety and Health Act applicable to the U.S. Postal Service?
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According to the information provided, what was the average annual payment for workers' compensation by the Postal Service from 1992 to 1997?
According to the information provided, what was the average annual payment for workers' compensation by the Postal Service from 1992 to 1997?
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What fraction of the Federal program's total costs for workers' compensation does the Postal Service's annual contribution represent?
What fraction of the Federal program's total costs for workers' compensation does the Postal Service's annual contribution represent?
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What issue does Senator Mike Enzi highlight regarding the Postal Service's safety record?
What issue does Senator Mike Enzi highlight regarding the Postal Service's safety record?
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What is likely to happen if legislation is enacted to improve the Postal Service's safety?
What is likely to happen if legislation is enacted to improve the Postal Service's safety?
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What is the purpose of OSHA Standards in workplace safety?
What is the purpose of OSHA Standards in workplace safety?
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Which of the following is NOT a right of employers during an OSHA inspection?
Which of the following is NOT a right of employers during an OSHA inspection?
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What constitutes an imminent danger that may prompt an OSHA inspection?
What constitutes an imminent danger that may prompt an OSHA inspection?
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How long does an employer have to contest an OSHA citation?
How long does an employer have to contest an OSHA citation?
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Which violation type is considered the least serious according to OSHA?
Which violation type is considered the least serious according to OSHA?
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What must an employer do if a citation is issued after an OSHA inspection?
What must an employer do if a citation is issued after an OSHA inspection?
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Which of the following is an example of a performance standard under OSHA?
Which of the following is an example of a performance standard under OSHA?
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What is the role of the OSHRC in relation to OSHA citations?
What is the role of the OSHRC in relation to OSHA citations?
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Which type of inspections is conducted in response to worker complaints?
Which type of inspections is conducted in response to worker complaints?
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What type of plans does the OSHA Consultation Office in Oklahoma cover?
What type of plans does the OSHA Consultation Office in Oklahoma cover?
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Study Notes
Occupational Safety and Health Act
- The OSHAct was enacted in 1970
- It created the Occupational Safety and Health Administration (OSHA)
- It also created NIOSH, which is now under the CDC
- Coverage is pages 1009-1010
Regulatory Agency Responsibilities
- Environmental Protection Agency (EPA): Monitors hazardous materials entering the environment (air, water, waste)
- Occupational Safety and Health Administration (OSHA): Monitors hazardous materials and conditions within facilities
- OSHA/EPA MOU: Information sharing between the two agencies
Not Covered
- Businesses with 10 or fewer employees are not required to keep injury/illness records
- OSHA 300 Log: https://www.osha.gov/sites/default/files/OSHA-RK-Forms-Package.pdf
- 1904.1: Partial exemption for employers with 10 or fewer employees: https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.1
- Partially exempt industries: https://www.osha.gov/recordkeeping/presentations/exempttable
- Federal, state, and municipal employees
- Federal Railroad Administration
- Maritime operations under Coast Guard regulations
- MSHA: Surface and underground mines
- FAA (sort of): OSHA has jurisdiction on the ground, but the FAA takes over when an aircraft is "in operation" (https://www.osha.gov/laws-regs/mou/2000-08-09) (https://nypost.com/2023/06/16/airline-fined-15625-after-ground-crew-worker-ingested-into-plane-engine/) (https://www.osha.gov/news/newsreleases/region4/06212023)
Military Operations
- OSHA has jurisdiction in military operations that are not "uniquely military"
- Executive Order 12196: Extends OSHA jurisdiction to all federal agencies except military personnel and uniquely military equipment, systems, and operations
- (https://www.archives.gov/federal-register/codification/executive-order/12196.html)
- OSHA's Field Operations Manual: Defines "uniquely military equipment" (https://www.osha.gov/enforcement/directives/cpl-02-00-163/chapter-13)
- Military aircraft, ships, submarines, artillery, tanks, tactical vehicles, naval operations, flight operations, research, missiles, military space systems, field maneuvers
- OSHA has jurisdiction over workplaces similar to private sector industries (vessels, aircraft, construction, medical, civil engineering, public works, supply services, office work)
State/Other Agencies
- Federal Agency Employees: 1980 Executive Order 12196, Occupational Safety and Health Programs for Federal Employees
- Codified at 29 CFR 1960
- OSHA cannot fine federal agencies for violations
- State Plan States: https://www.osha.gov/stateplans (There are currently 22 State Plans covering both private sector and state and local government workers, and seven State Plans covering only state and local government workers)
- Oklahoma Department of Labor Public Employee Occupational Safety and Health (PEOSH)
Postal Service
- Congress amended the Occupational Safety and Health Act to apply to the U.S. Postal Service
- Public Law 105-241: The Postal Employees Safety Enhancement Act
- Annual worker's compensation costs: $505 million average (1992-1997)
Refusal to Work
- https://www.osha.gov/workers/right-to-refuse
- https://www.osha.gov/laws-regs/regulations/standardnumber/1977/1977.12#1977.12(b)(2)
Whistleblower
- https://www.osha.gov/sites/default/files/publications/OSHA3638.pdf
Consultation
- Separate from OSHA Inspections
- https://www.osha.gov/consultation/directory-text
- In Oklahoma, the OSHA Consultation Office is within the Oklahoma Department of Labor (https://oklahoma.gov/labor/safety-and-health/workplace-safety/osha.html)
OSHA Standards
- General Industry – 29 CFR 1910
- Construction – 29 CFR 1926
- Agriculture – 29 CFR 1928
- Maritime
- Shipyard – 29 CFR 1915
- Marine Terminals – 29 CFR 1917
- Longshoring – 29 CFR 1918
- Gear Certification – 29 CFR 1919
- General Industry Standards (29 CFR 1910): https://www.osha.gov/laws-regs/regulations/standardnumber/1910
- Construction Standards (29 CFR 1926): https://www.osha.gov/laws-regs/regulations/standardnumber/1926
- Health Standards and Permissible Exposure Limits (PELs) (29 CFR 1910 Subpart Z): https://www.osha.gov/laws-regs/regulations/standardnumber/1910
OSHA Inspections
- Prompted by imminent danger, catastrophes (fatalities or hospitalizations), worker complaints, referrals, targeted inspections (hazardous, high injury rates), follow-up inspections
- Presentation of Credentials, Opening Conference, Walkaround, Correcting what can be corrected immediately, Closing Conference (https://www.osha.gov/sites/default/files/publications/factsheet-inspections.pdf)
- Employer Rights: Verify credentials, ask for a warrant (p. 1029), limit to the area of complaint, follow along with inspector, make copies of collected evidence, collect side-by-side samples
Post Inspection
- Citations must be posted for 3 days (even if contested)
- 15 days to contest
- May request an information conference with OSHA Area Director
- May ask for clarification or extension for abatement
- Area Director may reduce the fines
Violations
- In order of increasing seriousness: de minimis, other-than-serious, serious, willful, repeat, failure to correct prior violations. Found in 29 CFR Part 190. (https://www.osha.gov/penalties)
OSHRC
- Employers must challenge citations within 15 days
- Administrative law judge appointed to hear cases
- Cases and outcomes published at https://www.oshrc.gov/
- Search for cases at https://www.oshrc.gov/decisions-search/
- Court interpretations of regulations
- Case law helps frame disagreements
OSHA's General Duty Clause
- Two key areas: OSHA’s General Duty Clause and existing OSHA regulations.
- The General Duty Clause applies where an existing regulation doesn't address a hazard. Conditions for applying the Clause: hazard exists, recognized, likely to cause serious physical harm, feasible means to reduce hazard.
- Examples: tuberculosis exposures, heat stress, ergonomics.
Congressional Review Act and Ergonomics
- The Congressional Review Act (CRA) was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996.
- CRA requires government agencies to submit new rules to Congress and the GAO before they can take effect.
- Allows for a joint resolution of disapproval.
Employee Misconduct
- Employee misconduct is an often-used defense for OSHA violations.
- Employer must have a rule in place suitable to avoid the violation.
- Effective rule communication to employees
- Established methods for finding violations
- Lack of knowledge about isolated offenses
- Documented enforcement of the rule when violations do occur.
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