OSHA – Compliance – Flashcards

The Occupational Safety and Health Act of 1970.

1. In 1970, Congress enacted the Occupational Safety and Health Act. 2. That Act created the Occupational Safety & Health Administration (OSHA) within the Department of Labor.

Protect the nation's employees by implementing new safety and health programs, providing research into occupational safety, instituting, reporting and recordkeeping system to track job related injuries and illness, establish training programs, and develop and enforce mandatory job safety and health standards.

Coverage is provided directly by federal OSHA or through an OSHA- approved state program.

these are typically referred to as "state-plan-states". (Arizona is a state-plan-state)

However, OSHA does not cover self-employed persons. Therefore, if a funeral home is a sole proprietorship with the owner serving as the only employee, the funeral home would not be subject to OSHA requirements.

To enforce the standards, OSHA is authorized under the ACT to conduct workplace inspections.

Typically, such inspections can be triggered by fatal accidents on the job site, employee complaints, or random inspections of any industry that OSHA is targeting.

At this time, all apparent violations for which a citation may be issued are discussed. The compliance officer will submit a report to the OSHA state director with a recommendation as to proposed penalties.

When issued a citation or notice of a proposed penalty and employer may request an informal meeting with the OSHA state director to discuss the case. If the employer does not contest the citation, the employer must correct the cited hazard by the prescribed date.

The OSHA law states that each employer has a "general duty" to furnish each of its employees with employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees as well as comply with specific General Duty Clause, however, will not apply if there is specific safety & health standard or regulation dealing with the hazard.

"Recognized hazards" which are dangers recognized by the employer's industry or industry in general, by the employer, or by common sense, regardless of whether the condition is covered by a specific safety or health standard or regulation. The compliance issue then becomes whether the employer knew of or could have known of the hazardous condition with reasonable diligence.

The safety and health standards contained under the OSHA General Industry Standard for all industries, found as 29 C.F.R. 1910 in the Code of Federal Regulations, and, for construction, under the Construction Standard, found at 29 C.F.R. 1926 in the Code of Federal Regulations.

1. Routine/ Program Inspection 2. Target Inspection 3. Compliant Inspection 4. Accident Inspection 5. Follow-up Inspection

General Compliance Inspection - Sometimes, based on data obtained from a state's Worker's Compensation Commission, through an Employer's First Report of Injury, and entire worksite could be inspected from basement to ceiling.

This is an inspection directed to employers who are deemed or perceived to have a potential exposure of their employees to a specific occupational safety & health hazard. This can take the form of a Local Emphasis Program or National Emphasis Program. Working with Formaldehyde could be a target.

This is an inspection based on a complaint filed, usually by an employee, with OSHA alleging a specific safety or health hazard or violations of enacted rules, regulations or standards. The employee has the right to remain anonymous.

This is an inspection done usually at a result of a serious accident. The scope of the inspection will be narrow and be generally limited to the accident site. The focus of the inspection will be whether or not a law, standard or regulation was violated during the accident occurrence, but additional violations found, that may not relate to the accident itself, can and will be cited.

This occurs at the site of a prior violation and is conducted to verify that the required hazard abatement has been made within the prescribed time given in the prior issued citation.

An inspection begins with the arrival of a compliance officer and an opening conference at which time the inspector will present identification, advise the employer of the reason for the visit, and outline the scope of the inspection.

These records may be kept on a computer if a computer can produce equivalent forms when needed.

is an occupational injury or illness that results in a fatality, a lost work day, restricted work, or a non-fatal case w/o a lost work day that requires: 1. Transferring the employee to another job 2. Termination of employment 3. Medical treatment other than first aid 4. Involving loss of consciousness or restriction of work or motion.

are considered work-related and recordable if the employee is infected at work.

that occur when an employee is on work-related travel status, and engaged in work activities, are recordable.

Such as funeral service, SIC Code 726, designated by standard industrial classification (SIC) number, as are NOT required to maintain OSHA forms 300, 300A & 301, unless the specific employer has been ordered to do so.

at any time during the calendar year are also exempt from these recordkeeping requirements, unless otherwise required to maintain them.

the inspector has a right to interview employees privately and w/o the presence of management or the employer.

interview management privately and w/o the presence of an employee representative.

An OSHA inspector does not, however, have the right to take identifiable photographs of remains.

The purpose of this conference is to advise of potential violations found, which will then be submitted to the inspector's supervisor for a final determination as t whether or not a citation penalty will be issued.