Introduction to OSHA | Wednesday December 31st, 2003 | |
What should I know about OSHA regulations?
Having even one employee, even if he or she is a friend or family member, makes an employer responsible for providing a safe and healthful workplace. Employers have a “general duty?to furnish “…a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.?[Section 5(a)(1)] .
Generally, all employers and employees in the United States, District of Columbia, and U.S. Territories, are covered by The Occupational Safety and Health Act of 1970 (OSH Act). Administration and enforcement of the Act are in the hands of The Federal Occupational Safety and Health Administration (OSHA). This segment will provide the reader with an introduction to OSHA regulations.
Most states have adopted plans with standards identical to the federal standards, but it is important to check the individual state regulations for any deviation. One of the primary state-mandated responsibilities for employers is to provide workers?compensation insurance. Regulations and procedures vary from state to state, so it is important to contact the state’s workers?compensation board to be sure employers are in compliance.
Those entities NOT covered by the OSH Act include:
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Self-employed persons;
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Farms which employ only immediate family members;
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Industries operating under authority of other federal laws, such as mining,
nuclear energy, nuclear weapons manufacturing, and certain segments of the transportation industry;
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Employees of state and local governments, unless they are in a state with an
OSHA-approved safety and health plan.
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Federal OSHA standards fall into four major categories: general industry, construction, maritime, and agriculture. Some standards are specific to just one category, but others apply across industries. Some standards with similar requirements for all industries include those that address access to medical and exposure records, personal protective equipment, and hazard communication.
OSHA is charged with two regulatory functions: to set standards, and to conduct inspections to ensure that employers provide safe workplaces. All employers should become familiar with the standards applicable to their particular industry and eliminate workplace hazards. This could include providing employees with personal protective gear such as hard hats, eye protection, hearing protection, special welding goggles, hard-toed shoes, etc. and ensuring that the employees use them. It could mean providing guards and safety switches on certain types of machinery. It definitely includes providing information and training employees to recognize and avoid the hazards presented by hazardous materials and chemicals used in the workplace. Further, all employers must grant employees access to medical records the employer maintains regarding that employee, including records about the employees exposure to toxic substances. Each industry has specific standards employers must meet. It is vital that employers know these standards and follow them.
Keeping records of any accidents, treatments, hazardous situations or other safety related activities is another responsibility of employers with 10 or more employees, except for those in low-hazard industries such as retail, finance, insurance, real estate and service sectors. Again, it is important to check with the state’s regulatory agency to identify the specific industries with partial exemptions from the Act.
Regardless of industry or size of the business, all employers must notify the nearest OSHA office of any accident resulting in one or more fatalities or hospitalization of three or more employees within eight hours of the event. OSHA will investigate all such accidents to determine whether any safety violations may have contributed to the accident.
While employees must comply with all rules and regulations that apply to their own actions and conduct, the OSH Act also grants employees some important rights. Employees have the right to complain to OSHA about conditions in their workplace and be assured of confidentiality, to contest the amount of time OSHA allows the employer for correction of violations, and to participate in OSHA inspections of their workplace. Private sector employees who exercise these rights can be protected from retaliation by the employer under the Act.
Every employer covered by the Act is subject to inspection by OSHA compliance officers. Several types of violations may be cited with specific penalties attached.
Willful violations occur when an employer intentionally and knowingly commits a violation, or is aware that a hazardous condition exists and makes no reasonable effort to eliminate it. Penalties can range from a minimum of $5,000 for each such violation, up to a maximum of $70,000. If such a violation results in the death of an employee, a fine up to $250,000 for an individual and $500,000 for a corporation, or imprisonment of six months, or both may be imposed.
Repeated violations occur when re-inspection of a violation of a standard, regulation or rule reveals that a substantially similar violation has occurred. Repeated violations can bring fines of up to $70,000 for each such violation.
Failure to correct prior violations may bring penalties of up to $7,000 each day the violation continues beyond the date set for correction.
Serious violations are those where a probability that death or serious physical harm may occur, and where the employer knew, or should have known, of the hazard.
Other-than-serious violations have a direct relationship to job safety and health but would not cause death or serious physical harm. A penalty of up to $7,000 for each such violation is discretionary. The penalty may be adjusted downward depending on the employer’s good faith, history of previous violations, and size of business.
Falsifying records, reports or applications can bring fines of $10,000 or up to six months in jail or both.
Be aware that citations and penalties can differ in states with their own OSH programs.
OSHA offers training and education to employers, along with publications, technical advice, audio-visual aids on workplace hazards and lecturers for speaking engagements. Consultation assistance is available to employers for establishing and maintaining safe workplaces. The service is available in every state at no cost to the employer. Information about consultation assistance can be obtained by requesting OSHA publication No. 3047, “Consultation Services for the Employer.? The publication contains a directory of OSHA-funded consultation services.
This is just a brief overview of OSHA regulations. Detailed information can be obtained from the website www.osha.gov or by addressing inquiries to the U.S. Department of Labor, OSHA Office of Public Affairs, Room N-3637, Washington, DC 20210; telephone (202) 693-1999.
Additional information regarding state regulations can be obtained from the nearest OSHA regional or district office. These offices are listed in local telephone directories under the U.S. Department of Labor. Regional office addresses and telephone numbers can be found on the OSHA website at www.osha-slc.gov/html/RAmap.
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