Untitled Quiz

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.