Occupational Safety and Health (OSH) Act PDF

1/2/23 Chapter 6 - The OSH Act, Standards, and Liability IE438. Industrial Safety and Health Lecture # 8 Dr. Majed Moosa Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall...

1/2/23 Chapter 6 - The OSH Act, Standards, and Liability IE438. Industrial Safety and Health Lecture # 8 Dr. Majed Moosa Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 1 Chapter 6 - The OSH Act, Standards, and Liability RATIONALE FOR THE OSH ACT • Laws governing workplace safety were limited and sporadic, until 1970, when Congress passed the OSH Act with the following stated purpose: – “To assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources.” • In developing this legislation, Congress considered the following yearly statistics: (EVERY Year…) – Workplace accidents caused an average of 14,000 deaths. – 2.5 million workers were disabled in workplace accidents. – Approximately 300,000 new cases of occupational diseases were reported. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 2 1 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability OSHAʼS MISSION AND PURPOSE • According to the U.S. Department of Labor, OSHAʼs mission and purpose can be summarized _ Implement new & improve existing, safety/health programs. – Encourage research that will lead to innovative ways of dealing with workplace safety & health problems. – Establish the rights of employers and of employees regarding the improvement of workplace safety & health. – Monitor job-related illnesses and injuries through a system of reporting and record keeping. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 3 Chapter 6 - The OSH Act, Standards, and Liability OSHAʼS MISSION AND PURPOSE …contʼd • According to the U.S. Department of Labor, OSHAʼs mission and purpose can be summarized as follows: – Establish training programs to increase the number of safety & health professionals and to improve their competence continually. – Establish mandatory workplace safety & health standards and enforce those standards. – Provide for the development and approval of state-level workplace safety & health programs. – Monitor, analyze, and evaluate state-level safety & health programs. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 4 2 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability OSH ACT COVERAGE • The OSH Act applies to most employers. – If an organization has even one employee, it must comply with applicable sections of the act. • This includes all types of employers from manufacturing and construction to retail and service organizations. • There is no exemption for small businesses. – Those with 10 or fewer employees are exempt from OSHA inspection & not required to maintain injury/illness records. • The OSH Act covers employers in all 50 states, the District of Columbia, Puerto Rico, and all other territories under U.S. government jurisdiction. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 5 Chapter 6 - The OSH Act, Standards, and Liability OSH ACT COVERAGE • Exempted employers are: – Persons who are self-employed. – Family farms that employ immediate family members. – Federal agencies covered by other federal statutes. – State and local governments. – Coal mines • regulated by mining-specific laws. • The general duty clause of the OSH Act requires that employers provide a workplace free from hazards that are likely to harm employees. – Applies when there is no specific OSHA standard for a given situation. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 6 3 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability OSHA Standards versus OSHA Regulations • OSHA issues both standards and regulations. – OSHA standards address specific hazards. – Regulations are more generic than standards, in some cases, and more specific in others…Regulations do not apply to specific hazards. • OSHA must publish intentions to adopt, amend, or revise standards in the Federal Register. • Any interested party may ask for a public hearing on a proposed rule or rule change, which OSHA must conduct. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 7 Chapter 6 - The OSH Act, Standards, and Liability How to Read an OSHA Standard • OSHA standards are typically long and complex. – Written in the language of lawyers and bureaucrats. • OSHA standards are part of the CFR, published by the Office of the Federal Register. – Title 29 contains all the standards assigned to OSHA. • Title 29 is divided into several parts, each carrying a four-number designator (Part 1901, Part 1910, etc.) – Parts are divided in sections, with numerical designations. • For example, 29 CFR 1910.1 means: – Title 29, Part 1910, Section 1, Code of Federal Regulations. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 8 4 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability Temporary Emergency Standards • OSHA is empowered to pass temporary standards on an emergency basis without undergoing normal adoption procedures. – In effect only until permanent standards can be developed. • To justify emergency temporary standards, OSHA must determine workers are in imminent danger from exposure to a hazard not already covered. • Once a temporary standard has been developed, it is published in the Federal Register. – This serves as the notification step, and the standard is then subjected to all the other adoption steps outlined in the preceding section. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 9 Chapter 6 - The OSH Act, Standards, and Liability How to Appeal a Standard • A standard, either permanent or temporary, may be appealed by any person who is opposed to it. – Filed in the U.S. Court of Appeals serving the geographic region in which the complainant lives or does business. • Filing of one or more appeals does not delay the enforcement of a standard, unless the court of appeals handling the matter mandates a delay. • Occasionally, an employer may be unable to comply with a new standard by the effective date of enforcement. – In such cases, the employer may petition OSHA at the state or federal level for a variance. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 10 5 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability OSHAʼS RECORD KEEPING AND REPORTING • Employers have complained for years about the mandated injury and illness record-keeping system: – – – – Cumbersome and complicated. Had not kept up with new and emerging issues. There were too many interpretations. Forms were too complex. – Guidelines were too long and difficult to understand. • In response to these complaints, OSHA initiated a dialogue among stakeholders to improve the record-keeping and reporting process. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 11 Chapter 6 - The OSH Act, Standards, and Liability Reporting Requirements • All occupational illnesses/injuries must be reported if they result in one or more of the following: – Death of one or more workers – One or more days away from work – Restricted motion or restrictions to the work that an employee can do – Loss of consciousness of one or more workers – Transfer of an employee to another job – Medical treatment beyond in-house first aid (if it is not on the first-aid list, it is considered medical treatment) – Any other condition listed in Appendix B of the rule. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 12 6 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability Record-Keeping Requirements • Employers are required to keep injury and illness records for each location where they do business. • Records must be maintained on an annual basis using special forms prescribed by OSHA. – Computer or electronic copies can replace paper copies. • Records are not sent to OSHA—they must be maintained locally for a minimum of three years. – Available for inspection by OSHA at any time. Occupational Safety and Health for Technologists, Engineers, and Managers tab © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 By David L. Goetsch 13 Chapter 6 - The OSH Act, Standards, and Liability Record-Keeping Requirements • OSHA Form 301is used for every incidence of a recordable injury or illness. – Must be completed within seven calendar days. See textbook page 99. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 14 7 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability Record-Keeping and Reporting Exceptions • Among the exceptions to OSHAʼs record-keeping and reporting requirements: – Employers with 10 or fewer employees. – Employers in real estate, finance, retail trade, insurance. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 15 Chapter 6 - The OSH Act, Standards, and Liability KEEPING EMPLOYEES INFORMED • Employers are required to keep employees informed about safety & health issues. – OSHA regulation in this area concerns posting of material. • In addition to the posting requirements, employers must also provide employees who request them with copies of the OSH Act and any OSHA rules that may concern them. • Employees must be given access to records of exposure to hazardous materials and medical surveillance that has been conducted. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 16 8 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability WORKPLACE INSPECTIONS & ENFORCEMENT • OSHA may conduct inspections unannounced, and except under special circumstances, prior notice is a crime punishable by fine, imprisonment, or both. • OSHA compliance officers are required to present their credentials to the person in charge. – Having done so, they are authorized to enter any site, location, or facility where work is taking place. – They may inspect, at reasonable times, any condition, facility, machine, equipment, materials, etc. – Finally, they may question, in private, any employee or other person formally associated with the company. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 17 Chapter 6 - The OSH Act, Standards, and Liability WORKPLACE INSPECTIONS & ENFORCEMENT • The inspection proceeds in the following steps: – The OSHA compliance officer presents his/her credentials to a company official. – The compliance officer conducts an opening conference with company officials & employee representatives. • Why the plant was selected for inspection. • Purpose of the inspection, scope, and applicable standards. – After choosing the route and duration, the compliance officer makes the inspection tour. • During the tour, the compliance officer may observe, interview pertinent personnel, examine records, take readings & photos. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 18 9 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability WORKPLACE INSPECTIONS & ENFORCEMENT • The inspection proceeds in the following steps: – The compliance officer holds a closing conference, which involves open discussion between the officer and company & employee representatives. – OSHA personnel advise company representatives of problems noted, actions planned as a result, and assistance available from OSHA. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 19 Chapter 6 - The OSH Act, Standards, and Liability CITATIONS AND PENALTIES • Based on findings of workplace inspections, OSHA is empowered to issue citations and/or penalties. – A citation informs the employer of OSHA violations. – Penalties are typically fines assessed—result of citations. • Other-than-serious violation - a violation with a direct relationship to job safety & health, but probably would not cause death or serious physical harm. – A proposed penalty of up to $7,000 for each violation is discretionary, and may be adjusted downward by as much as 95%. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 20 10 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability CITATIONS AND PENALTIES • Serious violation - a violation in which there is a high probability that death or serious physical injury may result, and that the employer knew or should have known of the hazard. – OSHA proposes a mandatory penalty for each serious violation, which may be adjusted downward depending on the employerʼs good faith, history of prior violations, and the gravity of the alleged violation. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 21 Chapter 6 - The OSH Act, Standards, and Liability CITATIONS AND PENALTIES • Willful violation - a violation that the employer intentionally and knowingly commits. – A minimum penalty of $5,000 for each violation. • A proposed penalty may be adjusted downward, depending on the size of the business and its history of previous violations. • Usually, no credit is given for good faith. – If an employer is convicted of a willful violation resulting in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment. – A fine of up to $250,000 for an individual or $500,000 for a corporation may be imposed for a criminal conviction. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 22 11 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability CITATIONS AND PENALTIES • Repeat violation - a violation where, on reinspection, a substantially similar violation is found. • To be the basis of a repeat citation, the original citation must be final. – A citation under contest may not serve as the basis for a subsequent repeat citation. • Failure to abate prior violation - a failure to correct a prior violation may bring a civil penalty for each day that the violation continues beyond the prescribed abatement date. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 23 Chapter 6 - The OSH Act, Standards, and Liability SERVICES AVAILABLE FROM OSHA • OSHA provides services to help employers meet the latest safety & health standards, typically at no cost. – Consultation – Voluntary protection programs – Training & education services Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 24 12 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability Consultation Services • Consultation services provided by OSHA include: – Identifying hazardous conditions. – Correcting identified hazards. – Developing and implementing injury/illness prevention. • Actual services are provided by professional safety & health consultants, who are not OSHA employees. – They typically work for state agencies or universities and provide consultation services on a contract basis Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 25 Chapter 6 - The OSH Act, Standards, and Liability Voluntary Protection Programs • Companies participating in any of the VPPs are exempt from regular programmed OSHA inspections. • Voluntary Protection Programs (VPPs) serve the following three basic purposes: – To recognize companies that have incorporated safety & health programs into their overall management system. – To motivate companies to incorporate health and safety programs into their overall management system. – To promote positive, cooperative relationships among employers, employees, and OSHA. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 26 13 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability EMPLOYER RESPONSIBILITIES • Under the OSH Act, employers must: – Meet the responsibility to provide a workplace free from hazards causing, or likely to cause death or serious physical harm to employees – Be knowledgeable of, and comply with standards, rules, and regulations issued under the OSH Act, and make copies available to employees upon request – Keep employees informed about OSHA. – Continually examine workplace conditions to ensure they conform to standards. – Ensure employees have, and use, safe tools & equipment that is properly maintained. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 27 Chapter 6 - The OSH Act, Standards, and Liability EMPLOYER RESPONSIBILITIES • Under the OSH Act, employers must: – Use color codes, posters, labels, or signs as appropriate to warn employees of potential hazards Establish or update operating procedures and communicate them so that employees follow safety & health requirements. – Provide medical examinations when required by OSHA. – Provide the training required by OSHA standards. – Report to the nearest OSHA office within eight hours any fatal accident or one that results in the hospitalization of three or more employees. – Keep OSHA-required records of injuries and illnesses and post a copy of OSHA Form 300 from February 1 through April 30 each year (employers of 11 or more employees). Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 28 14 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability EMPLOYER RESPONSIBILITIES • Under the OSH Act, employers must: – At a prominent location within the workplace, post OSHA Poster 3165 informing employees of their rights and responsibilities. – Provide employees, former employees & representatives access to the Log of Work-Related Injuries and Illnesses (OSHA Form 300) in a reasonable time and manner. – Give employees access to medical and exposure records. – Give the OSHA compliance officer names of authorized employee representatives who may be asked to accompany the compliance officer during an inspection. – Not discriminate against employees who properly exercise their rights under the act. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 29 Chapter 6 - The OSH Act, Standards, and Liability EMPLOYER RESPONSIBILITIES • Under the OSH Act, employers must: – Post OSHA citations at or near the work site involved (each citation or copy must remain posted until the violation has been abated or for three working days, whichever is longer) – Abate cited violations within the prescribed period. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 30 15 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability EMPLOYEE RIGHTS AND RESPONSIBILITIES • Employee rights are protection against punishment for employees who exercise their right to pursue any of the following courses of action: – Complain to an employer, union, OSHA, or any other government agency about job safety & health hazards. – File safety or health grievances. – Participate in a workplace safety & health committee or in union activities concerning job safety & health. – Participate in OSHA inspections, conferences, hearings, or other OSHA-related activities. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 31 Chapter 6 - The OSH Act, Standards, and Liability Employee Responsibilities • Employees have specific responsibilities, and must: – Read the OSHA poster at the job site and be familiar with its contents. – Comply with all applicable OSHA standards. – Follow safety & health rules and regulations prescribed by the employer, and properly use personal protective equipment while engaged in work. – Report hazardous conditions to the supervisor. – Report any job-related injury or illness to the employer, and seek treatment promptly. – Cooperate with the OSHA compliance officer conducting an inspection. – Exercise their OSH Act rights in a responsible manner. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 32 16 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability KEEPING UP-TO-DATE ON OSHA • OSHA standards, rules, and regulations are always subject to change. – Development, modification, and revocation of standards is an ongoing process. • It is important for safety & health professionals to stay up-to-date with OSHA actions and activities. – Establish contact with the nearest OSHA office and periodically request copies of new publications. – Establish and maintain relationships with other safety & health professionals for the purpose of sharing information, and do so frequently. – Join professional organizations, review their literature, and attend their conferences. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 33 Chapter 6 - The OSH Act, Standards, and Liability PROBLEMS WITH OSHA • Federal agencies are seldom without detractors. – Consequently, complaints about OSHA are common. • Often criticisms leveled against OSHA are valid, and take many different forms. – Some characterize OSHA as an overbearing bureaucracy without sensitivity to the needs of employers struggling to survive in a competitive marketplace. – Others see OSHA as timid, claiming it doesnʼt do enough. • At different times and in different cases, both views have probably been at least partially accurate. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 34 17 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability PROBLEMS WITH OSHA • Most criticism of OSHA comes in the aftermath of major accidents or a workplace disaster. – “Why didnʼt OSHA prevent this disaster?” • Detractors will typically answer by claiming OSHA spends too much time & resources dealing with inconsequential matters, ignoring real problems. • Supporters claim that lack of resources prevents the agency from being everywhere at once. • OSHA has made a significant difference in the condition of the workplace in this country. – However, large, centralized bureaucratic agencies rarely achieve a high level of efficiency. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 35 Chapter 6 - The OSH Act, Standards, and Liability OTHER AGENCIES AND ORGANIZATIONS • Although OSHA is the most widely known safety & health organization in the federal government, it is not the only one. – The most important to modern safety/health professionals are: • NIOSH • OSHRC Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 36 18 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability NIOSH • NIOSH is part of the Department of Health and Human Services (HHS), with two broad functions: – Research and education, focused on toxicity levels and human tolerance levels of hazardous substances. • NIOSH prepares recommendations for OSHA standards dealing with hazardous substances. – Studies are also published & made available to employers. • Each year, NIOSH publishes updated lists of toxic materials and recommended tolerance levels. • NIOSH has the authority to conduct research in the workplace, and respond to requests for assistance from employers and employees. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 37 Chapter 6 - The OSH Act, Standards, and Liability NIOSH • NIOSH developed a list of leading work-related diseases and injuries: – – – – Occupational lung and cardiovascular diseases Cancers. Musculoskeletal injuries. Severe occupational traumatic injuries – – – – Psychological disorders. Neurotoxic disorders Disorders of reproduction. Noise-induced hearing loss – Dermatological conditions. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 38 19 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability OSHRC • The OSHRC is not a government agency. – It is an independent board appointed by the president, with authority to handle contested OSHA citations. – When a citation, penalty, or abatement period is contested by an employer, OSHRC hears the case. – OSHRC is empowered to review evidence, approve, reject or revise recommendations of OSHA area directors. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 39 Chapter 6 - The OSH Act, Standards, and Liability Mine Safety & Health Administration (MSHA) • Mining, exempt from OSHA regulations, is regulated by the Metal & Nonmetallic Mine Safety Act. – OSHA regulates aspects of the industry not directly involved in actual mining work. • In 1977, Congress passed the Mine safety & health Act, which established the MSHA as a functional unit within the U.S. Department of Labor. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 40 20 1/2/23 Chapter 6 - The OSH Act, Standards, and Liability Federal Railroad Administration • Railroads—for the most part—are under OSHA jurisdiction. – The Federal Railroad Administration (FRA) exercises limited jurisdiction over railroads in situations involving working conditions. – Beyond this, railroads must adhere to the standards for General Industry in CFR Part 1910. Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 41 Chapter 6 - The OSH Act, Standards, and Liability END Occupational Safety and Health for Technologists, Engineers, and Managers tab By David L. Goetsch © 2011, 2008, 2005, 2002, 1999 Pearson Education, Inc. Pearson Prentice Hall - Upper Saddle River, NJ 07458 42 21