This is a longer version of the intro to OSHA

1. Introduction to
OSHA for
Small Businesses
John Newquist
Draft 3 15 2015

2. Introduction
• The course is divided into six sections:
• Background of OSHA
• Coverage, responsibilities and rights under OSHA
• Standards
• OSHA inspection process
• Implementing a safety and health management system
• Assistance to small businesses

3. Common Law 1800s
• Employee had to prove
three area under Common
Law
• Worker accepted risk of
employment
• Injury was a consequence
of the job
• Worker had contributory
negligence
• Burden of proof on the
injured

4. Objectives
1. Describe the tools OSHA uses to
reduce workplace injuries and
illnesses.
2. Identify basic employer and
employee responsibilities and
rights under OSHA.
3. Recognize how OSHA standards
are organized and developed.
4. Select the steps of the OSHA
inspection process.
5. Recognize the four elements of a
safety and health management
system.
6. Obtain information about
compliance assistance.

5. Group Exercise
• Answer the following
question.
• How did you become
interested in this
course and what do
you hope to bring back
to your workplace?

6. OVERVIEW
• Small businesses are vital to the
U.S. economy.
• Small firms:
• represent more than 99.7
percent of all employers
• employ more than half of all
private sector employees
• pay 44.5 percent of total U.S.
private payroll
• generate 60 to 80 percent of net
new jobs annually

7. Cherry Coal Mine Disaster
• November 13, 1909
• 259 Died
• Hay bales sent down to feed
mules caught fire from
burning oil from kerosene
torch.
• 21 men survived in a pocket
500 feet underground and
were rescued after 8 days.
• Outcry over tragedy lead to
fire safety rules for mines
and the Illinois Liabilty Act
which lead later to the IL
Worker Compensation Act.

8. Steel Industry
• From 1906-1994, 506
workers have been
killed at U.S. Steel
Gary Works.

9. Triangle Shirt Waist Fire
• March 25, 1911
• 146 died
• Door to an exit opened
inward
• Outside stairway
collapse
• Fire hoses went only
to 7th floor
Exit doors may have been
locked

10. Walsh-Healy
• Federal contracts
must be fulfilled in a
healthful and safe
working environment.
• “blacklisted" from
federal contracts for 3
years.
• 1969 incorporated
ACGIH’s TLV’s into the
act. (Silica, Absestos
were examples)
40 hour work week,
over time, minimum
wage, ban on child
labor were major
provisions

11. Texas City
• April 16, 1947
• Cargo Ship of
Ammonium Nitrate
Exploded
• Neighboring
Monsanto plant caught
fire
• 561 died

12. Safety Laws
• 1952 Coal Mine
Safety Act
• 1966, the Metal
and Nonmetallic
Mines Safety Act
• 1969, the
Construction
Safety Act
• 1970 OSHA

13. Industrial Safety 1969
• 14,500 American
workers were killed
annually
• Safety and health laws
varied state to state

14. OSHA
• Department of Labor to
enforce Safety and Health
laws
• NIOSH
• OSHRC
• Osha Training Institute
• 56 million workers at 3.5
million workplaces in
1971
• Law signed on December
29, 1970
 This Act created OSHA,
the agency, which formally
came into being on April
28, 1971

15. Impact
• Since 1970
– Work-related fatalities
cut by 62%
– Overall injury and
illness rate reduced
42%
– Brown lung disease
eliminated
– Trenching fatalities
reduced 35%

16. OSHA Tools
• Strong, fair and
effective enforcement
• Outreach, education
and compliance
assistance
• Partnerships and other
cooperative programs

17. Summary of Section 1
When was the
Occupational Safety and
Health Act signed?
Why was OSHA
necessary?
What are the three
tools OSHA uses to
fulfill its mission?

18. Coverage
• Private sector employers and
employees in U.S. and its
territories and jurisdictions
Does not cover
• Self-employed
• Immediate members of farming
families with no outside
workers
• Mine workers, certain truckers
and transportation workers,
atomic energy workers
• Public employees

20. Employer Responsibilities
• Provide a workplace free
from recognized hazards
• Comply with OSHA
standards and regulations
• Be familiar with standards
applicable to your
workplace and make
copies available

21. Employee Responsibilities and
Rights
Responsibilities include:
• Complying with OSHA
standards
• Wearing required PPE
• Reporting hazards to supervisor
Rights include:
• Reviewing standards
• Receiving training
• Requesting an OSHA
investigation
• Reviewing the OSHA 300 Log

22. Section 11(c)
• Discrimination can include the
following:
• Firing or laying off
• Blacklisting
• Demoting
• Denying overtime or promotion
• Disciplining
• Denial of benefits
• Failure to hire or rehire
• Intimidation
• Reassignment affecting
prospects for promotion
• Reducing pay or hours

23. Summary of Section 2
True or False? The OSH
Act covers the self-
employed.
• T___ F___
Name one of an
employer’s three major
responsibilities under
OSHA.
• What is Section 11(c)?

24. OSHA Standards Overview
29 CFR (Code of Federal
Regulations)
• 1910 – General
Industry
• 1926 – Construction
• 1915, 1917 & 1918 -
Maritime

25. Finding Standards on OSHA’s
Website
• www.osha.gov
• Select “Standards” and
use the Text Search
feature

26. General Duty Clause
• Section 5(a)(1)
• "a place of employment which
is free from recognized hazards
that are causing or are likely to
cause death or serious physical
harm to [its] employees.“
• Employers must furnish a place
of employment free from
recognized hazards
• Applies when there is no
specific standard Not wearing seatbelts is a common
citation under the general duty
clause.

27. How OSHA Develops Standards
• OSHA initiates or in response
to petitions from other parties
• Intention to propose, amend, or
revoke a standard published in
the Federal Register
• Interested parties may submit
written information; OSHA
may schedule a public hearing
• Final outcome is a standard or
amendment, or a determination
that none is necessary

28. Reporting and Recordkeeping
• Report fatality/catastrophe
within 8 hours
• Maintain injury and illness
records
• Post annual summary February
to April
• Report amputations,
hospitalizations, eye loss in 24
hours

29. Summary of Section 3
• OSHA standards are
broken into parts.
Which part contains
the standards for
General Industry?
• What must employers
report to OSHA within
eight hours?

30. OSHA Inspection Process
• Imminent danger
• Catastrophes and fatal
accidents
• Employee complaints
• Referrals
• Planned or Targeted
inspections
• Follow-up inspections Confined spaces could be
imminently dangerous.

31. Employee Representatives
Selecting employee representatives
If . . . Then . . .
The employees are represented by a
recognized bargaining representative
The union usually designates the employee
representative to accompany the compliance
officer
There is a plant safety committee and no
recognized bargaining representative
The employee members of that committee or
the employees at large will designate the
employee representative
There is neither a recognized bargaining
representative nor a plant safety committee
The employees themselves may select the
employee representative, or the compliance
officer will determine if any other employees
would be suitable to represent the employees
There is no authorized employee
representative
The compliance officer must consult with a
reasonable number of employees concerning
safety and health matters in the workplace

32. Inspection Process
• Opening conference
• Walkaround
• Closing conference

33. OSHA Citations
Inform employers and employees of:
• Regulations and standards the employer allegedly violated
• Hazardous working conditions
• Proposed length of time set for abatement of hazards
• Any proposed penalties

34. Violations and Penalties
• Other-than-serious
• Serious (up to
$7,000)
• Willful (up to
$70,000)
• Repeated (up to
$70,000)
• Failure to abate

35. Appeals Process
• May seek an informal
conference or settlement prior
to contest
• Contest must be done within 15
working days
• In writing to area office
• Administrative Law Judge
• OSHA Review Commission
• US Appeals Court
• Supreme Court

36. Summary of Section 4
• What are the stages of
an OSHA inspection?
• What are the types of
OSHA violations

37. Implementing a Safety and Health
Management System
• Management
Leadership and
Employee
Involvement
• Worksite Analysis
• Hazard Prevention and
Control
• Safety and Health
Training

38. Management Leadership
• Motivating force and
resources
• Safety and health is a
fundamental value
“When I walk around everyone knows I am looking for
unsafe conditions or actions, proper ppe and to make sure
that everyone is productively employed.”

39. Employee Involvement
• Workers develop and
express their own
commitment to safety
and health, for
themselves and fellow
workers

40. Group Exercise
• What are some
specific things
managers can do (or
have done) at your
workplace to
demonstrate
management
leadership and
commitment to safety
and health?
• Discuss methods your
company uses (or
could use) to increase
employee involvement
in safety and health
activities.

41. Worksite Analysis
• Comprehensive survey
of facility
• Change analysis
• Routine job hazard
analyses (JHA)
• Periodic and daily
inspections

42. Hazard Prevention and
Control
• Engineering controls
• Safe work practices
• Administrative
controls
• Personal protective
equipment

43. Safety and Health Training
• Orientation training
• Hazard recognition training
• Training required by OSHA
standards
• Emergency response training
• Accident investigation training
• Emergency drill training

44. Summary of Section 5
• What are the four
elements of a safety
and health system?
• What are some
important factors in
making your safety
and health program
successful?

45. Assistance to Small Businesses
• Office of Small Business
Assistance
• (202) 693-2220
• Compliance Assistance (Quick
Start)
• (630) 896-8700
• On-Site Consultation Program
• Search “Illinois On-Site Safety
Health Consultation Program"

46. IL Onsite Consultation

47. Other Cooperative Programs
• Alliances
• Partnerships
• Voluntary Protection
Programs (VPP)

48. Compliance Assistance
• Compliance assistance
resources
• Compliance
Assistance Specialists
(CASs)
• Candra Jefferson 630-
896-8700
• OSHA website

49. Training
• OSHA Office of Training and Education - http://www.nsec.niu.edu/nsec/
• OSHA Training Institute Education Centers

50. Summary of Section 6
• What are some
benefits of working
with the On-Site
Consultation program?
• How would you obtain
information on
resources available to
small businesses from
OSHA?

51. Course Summary and Closing
• 1. Describe the tools OSHA
uses to reduce workplace
injuries and illnesses.
• 2. Identify basic employer and
employee responsibilities and
rights under OSHA.
• 3. Recognize how OSHA
standards are organized and
developed.
• 4. Select the steps of the OSHA
inspection process.
• 5. Recognize the four elements
of a safety and health
management system.
• 6. Obtain information about
compliance assistance.