OSHA is an industry watchdog; it ensures that American workers were provided with a health and safe workplace through the implementation of a wide variety of standards and by providing valuable research and training in occupational safety and health.
1. Complying with OSHA Requirements:
An Overview of OSHA’s Role in
Ensuring Workers’ Health and Safety,
OSHA Regulations and Violations
2. What is OSHA?
The Occupational Safety and Health Act of 1970 was
passed into law on December 29, 1970 to establish the
Occupational Safety and Health Administration (OSHA).
OSHA is an industry watchdog; it ensures that American
workers were provided with a health and safe workplace
through the implementation of a wide variety of
standards and by providing valuable research and
training in occupational safety and health.
US Department of Labor, Occupational
Safety and Health Administration
3. Role of the Federal Register in OSHA
Rulemaking and Regulations
The Federal Register is the United States
government’s official daily publication for
federal notices, regulations and proposed
rulemaking, executive orders and related
documents. All citizens have access to the
federal register and are free to comment on
proposed rules, including those issued by
OSHA.
4. The Federal Register has its own website
where one can access OSHA proposed rules
and regulations:
https://www.federalregister.gov/
US Department of Labor, Occupational
Safety and Health Administration
5. What is the Code of Federal Regulations?
The Code of Federal Regulations is “a codification
of the general and permanent rules published in the
Federal Register by the Executive departments and
agencies of the Federal Government.”
• Divided into 50 Titles that are dedicated to several
areas subject to federal regulations
• These titles contain one or more individual volumes
updated yearly
U.S. Government
Printing Office
6. What Standards Apply to
OSHA-Covered Industries?
Standards – 29 CFR
General Industries – 1910
Construction – 1926
US Department of Labor, Occupational
Safety and Health Administration
7. Maritime
PART 1915 - Occup. Safety and Health Standards
for Shipyard Employment
PART 1917 - Marine Terminals
PART 1918 - Safety and Health Regulations for
Longshoring
US Department of Labor, Occupational Safety and
Health Administration
9. Benefits of Compliance
• Prevent unnecessary workplace accidents
• Minimize workplace-related injuries,
absences and attrition
• Enhanced productivity and boost in employee
morale
• Reduced insurance and compensation costs
OSHACampus.com
10. What Should Companies Do to
Maintain Compliance?
• Ensure that workers have obtained
the necessary OSHA 10 or 30-hour
training, as well as onsite and yearly
refresher training if necessary
• Provide workers the required training
for using job-specific personal
protective equipment
• Provide medical check-ups and
evaluations as deemed necessary by
a governing standard
OSHACampus.com
11. Types of OSHA Violations
Other than Serious Violations
• A violation of employee’s right to safety and
health, one that’s directly associated with
one’s job but “will not cause death or serious
physical harm.”
• Each count of violation has a proposed
penalty of $7,000, but may be contested by
employer
US Department of Labor, Occupational
Safety and Health Administration
12. Serious Violation
• A violation where death or serious physical
injury may result from known and recognized
on-the-job hazard that the employer is wellaware of.
• $7,000 for each violation but may be lowered
based on size of business, severity of
violation and employer’s good history and
record
• US Department of Labor, Occupational
Safety and Health Administration
13. Willful Violation
• Occurs when an employer “knowingly commits or
commits” a violation “with plain indifference to the law”
and does nothing about it
• Civil penalties may be up to $70,000 for EVERY willful
violation; minimum penalty for each violation is $5,000
• Civil penalty and/or imprisonment for violations that
have resulted in the death of a worker
• Fees may even reach a whopping $250,000 to
$500,000
US Department of Labor, Occupational Safety and
Health Administration
14. Repeated Violation
• A violation of OSHA standards, regulations,
orders found out during reinspection that is
similar to a previous final citation
• Can bring up a fine of up to $70,000 for each
previously similar violation
US Department of Labor, Occupational
Safety and Health Administration
15. Failure to Abate Prior Violation
• Failure to abate a previous violation
• A civil penalty of $7,000 for every business
day that the violation has been committed
starting from the abatement date
US Department of Labor, Occupational
Safety and Health Administration
16. De Minimis Violation
• A violation of OSHA standards that have no
direct effect or association with employee
health and safety
US Department of Labor, Occupational
Safety and Health Administration
17. OSHA Other Forms of Violation
• Falsifying documentations
• Failure to post requirements, submit record of
employee training
• Assaulting and intimidating a compliance
officer or preventing them from performing an
inspection
US Department of Labor, Occupational
Safety and Health Administration
18. What are the Consequences of NonCompliance?
– Civil penalties
– Imprisonment
OSHACampus.com
19. Reporting OSHA Violations and
Employee Protection
OSHA protects employees who report workplace
violations that their employers are committing. If
their employer retaliates against the employee in
any form, the employer will be subject to the
corrective actions enforced by the Department of
Labor in court, as stated in 29 U.S.C. § 660(c)(1,
2)).
US Department of Labor, Occupational Safety and
Health Administration