CSP Workbook PDF

Workbook Domain 9- Law and Ethics Regulations Occupational Safety and Health Act. Passed in 1970 Purpose: To assure safe and healthful working conditions for the working men and women. OSHA- Occupational safety and Health Administration (OSHA) An agency of the U.S departme...

Workbook Domain 9- Law and Ethics Regulations Occupational Safety and Health Act. Passed in 1970 Purpose: To assure safe and healthful working conditions for the working men and women. OSHA- Occupational safety and Health Administration (OSHA) An agency of the U.S department of Labor Created by Congress in 1970 – to set and enforce rules and regulations that portect workers against unsafe or unhealthy working conditions. Primary responsibility of OSHA 1. Reduce workplace hazards and to implement new or improved safety and health standards. 2. Provide research in occupational H&S 3. Maintain a reporting and record keeping system. 4. Establish “separate responsibilities and rights “for employers and employees. 5. Develop mandatory job safety and health standards and enforce them effectively. Q) who is covered under the Occupational safety and Health Act? 1. All private sector employers with one or more workers. 2. 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 standard is a document that provides requirements, guidelines, specifications, or characteristics that can be used consistently to ensure that materials, products , processes and services are fit for purpose. Eg: ISO 45001- Health and Safety management system ISO 14001- Environmental Management System ISO 9001- Quality Management System  IMS- Integrated Management System Regulations set by OSHA are known as Standards 1. Horizontal Standards- General Standards that apply not just to a specific industry. Eg : Fire Protection (1910 Subpart L), Hazard Communication (1910 1200), PPE (1910 Subpart I) 2. Vertical Standards- Apply to specific industries Eg: Construction, sawmills, Chemical industries etc Hazard Communication Standards It is designed to ensure chemical safety in a workplace- The standard required employers using hazardous chemicals to comply with four main requirements 1. Ensuring the proper chemical labelling on containers 2. Provide SDS (elements- 16) 3. Provide information and training to employees 4. Develop and maintain a written Hazard Communication program. GHS- Globally Harmonized System - developed by UN OSHA workplace- compliance office- Starting of inspection- Opening Conference-start of inspection Closing conference after completing inspection Compliance officer will report to area director- Citation or penalty Citation- a written notice- to be displayed in the notice board for 3 days Employer has 15 working days to challenge the citation or penalty. Record keeping Medical information’s should not be disclosed without employees written consent. Medical records of employees must be maintained for 30 years Training records= 3 years Reporting OSHA 300 Form= Log of work-related injuries and illnesses OSHA 300-A form= summary of work related injuries and illnesses OSHA 301 Form= Injury and illness Incident Report Work related recordable injuries- LTI, No First Aid Injuries, Medical Treatment Injuries, Fatality, Loss time working days. Dangerous Occurrences - Reporting All work related recordable injury must be reported to OSHA form 300 and 301 within 7 working days. A work related fatality must be reported to OSHA within 8 hours. A work related injury resulting in Inpatient hospitalization, amputation, or loss of an eye must be reported within 24hours When an authorized government representative asks for records , then the employer must provide copies within 4 business days Regulations on Hazardous Materials and Wastes 1. RCRA- Resource Conservation and Recovery ACT. The primary law governing the disposal of solid and hazardous waste. Solid wastes includes both hazardous and non hazardous wastes. Solid waste means any garbage or refuse Sold waste is again classified into hazardous and non hazardous waste RCRA established a cradle to grave system of governing hazardous waste. What is a hazardous waste? A waste may be considered hazardous if it is ignitable, corrosive, reactive or toxic. LDR= Land Disposal Restriction- prohibiting the disposal of hazardous waste without treatment Wastes subject to LDR include- Solvents, Electroplating waste, heavy metals, and acids Universal waste rule is for reducing the regulatory burden on businesses that generate these wastes. Universal wastes include 1. Batteries 2. Agricultural pesticides 3. Thermostats that contain 3g of liquid mercury Used Oil management standard Used oil is any oil (synthetic or refined ) that has been used and as a result of such use is contaminated by physical or chemical properties. Animal and Vegetable oils are excluded Underground storage tank Any underground storage tank system that has underground piping connected to the tank that has at least 10 % of its combined volume underground. 100 ltr , 10ltrs Exclusions 1. Farm and residential tanks of 1100 gallon or less capacity holding motor fuel used for non-commercial purposes 2. Tanks of 110 gallon or less capacity. 3. Septic tank and systems for collecting storm waters and waste waters 2. Comprehensive Environmental response compensation and liability act (CERCL)  Known as superfund (1980)  The Act created taxes on chemical and petroleum industries.   It is established as a trust fund for cleanup activities when no responsible parties are identifies. 3. Super fund Amendment and reauthorization Act (SARA) (1986)  Its an amendment to CERCLA, by increasing the size of trust fund.  It stressed importance of permanent remedies and innovative treatment tech in cleaning. 4. Emergency Planning and Community rights to know Act (EPCRA) 1986 5. Toxic substance control Act (1976) To secure information on all new and existing chemical substances It was enacted by EPA- Environmental Protection Act 6. Federal Insecticide, fungicide and Rodenticide Act 1972 EPA classifies each pesticide as general use or restricted use General use-pesticides that can be used by anyone Restricted Use- pesticides may only be used by a certified applicators. Hazardous waste Operations Adequate planning is the first most critical element of hazardous waste operations. Site Characterization- Provides the information needed to identify site hazards and to select worker protection methods. Legal Terms 1. Product Liability: Legal liability that manufactures and sellers have when customers are harmed by a defective product. Eg : a defective phone 2. Strict Liability: A liability that does not require proof or fault. Eg: Owning a dangerous animal requires that the owner be strictly liable for all injuries and damages caused by that animal. 3. Res ipsa loquitur- means the thing speaks for itself Eg: circumstances surrounding a case makes it obvious that negligence has occurred. 4. Caveat Emptor: Let the buyer be aware TORT- is a civil wrongdoing- when an individual suffers a loss or harm ,which results in legal liability for the person who caused it. Three categories of TORT 1. Intentional Tort- knowingly commits a harm. Eg; Assault, Defamation, etc 2. Negligence Tort- Eg; negligence resulting in Slip and fall accidents , vehicle accidents, medical malpractice etc. 3. Strict Liability Tort: Do not require fault to be proven Eg: Animal Attack, dangerous activities etc. Force Majeure: superior power- Act of GOD, war Anticipatory Breach: Occurs when one party to a contract demonstrates their intension not to perform their contractual obligations before the performance due date Frustration of Purpose: it allows a buyer to cancel a contract if something unexpected happens that makes it impossible for them to achieve what they wanted from the contract. Eg: Labour strike, flood that destroyed access to the workplace Executory Contract: is a contract made when two parties enter into an agreement that involves certain obligations to be execute over time. Non-disclosure Agreement: Confidential information’s that should not be disclosed to others.