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Welcome to

Course #7510

Introduction to OSHA

for Small Businesses

Paige Rohrig, CSP

Paul Schlumper, PE, CSP

Georgia Tech Research Institute

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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

Background of

OSHASection 1

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OSHA’s Establishment

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• – Occupational Safety and

Health Administration

• Law (OSH Act) signed on December 29,

1970

• Goal: To provide worker safety and health

protection

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• More than 14,000 worker deaths annually

• 2.5 million workers disabled by work-related

injuries

• Estimated 300,000 cases of work-related

illness

Why OSHA is Needed?

Prior to 1970

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• Work-related fatalities cut by 62%

• Overall injury and illness rate reduced 42%

• Brown lung disease eliminated

• Trenching fatalities reduced 35%

OSHA’s Impact

Since 1970

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General Duty Clause

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Focus on Small Businesses

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Small Businesses• Represent more than 99.7% of employers

• Employ more than half of all private sector

employees

• Pay 44.5% of total U.S. private payroll

• Generate 60 – 80% of new jobs annually

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• Strong, fair and effective enforcement

• Outreach, education and compliance assistance

• Partnerships and other cooperative programs

OSHA’s Tools

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• When was the Occupational Safety and Health Act signed?

• Why was OSHA necessary?

• What are the 3 tools OSHA uses to fulfill its mission?

Summary of Section 1 -Background of OSHA

Coverage,

responsibilities and

rights under OSHASection 2

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• All private sector employers and their

employees in the U.S. and its territories

and jurisdictions

• Does not cover:• The self-employed

• Immediate members of farming families with

no outside workers

• Mine workers, certain truckers and

transportation workers, atomic energy workers

• Public employees

OSHA Coverage

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OSHA Coverage

Group Exercise

1. Dana Wilson, a public school teacher

at Apple Valley Elementary.

2. Harry Adams, a miner at Below

Ground Inc.

3. Adrian Smith, one of 3 employees of

ABC landscaping.

4. Taylor Dell, an accountant in

business for herself.13

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• 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

Major EmployerResponsibilities

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• Obtain free advice and on-site

consultation

• Accompany compliance officer on

inspection

• Request an informal conference

• Contest citations and penalties

Major Employer Rights

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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

Employee Responsibilitiesand Rights

Whistleblower Act

• Protects employees from retaliation for

reporting violations related to 22 federal

acts

• Not limited to just the OSH Act

• Employees can report retaliation to OSHA

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– Firing or laying off

– Blacklisting

– Demoting

– Denying overtime or

promotion

– Disciplining

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– Denial of benefits

– Failure to hire or rehire

– Intimidation

– Reassignment

affecting future

promotions

– Reducing pay or hours

Section 11(c)

Discrimination can include:

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Protected Activities

• Workplace safety or health

• Asbestos in schools

• Cargo containers

• Airline

• Commercial

• Motor carrier

• Consumer product

• Environmental

• Financial reform

• Food safety

• Health insurance reform

• Motor vehicle safety

• Nuclear

• Pipeline

• Public transportation

agency

• Railroad

• Maritime

• Motor vehicle safety

• Securities laws

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Covered Acts

• Asbestos Hazard Emergency Response Act

• (90 days)

• Clean Air Act (30 days)

• Comprehensive Environmental Response,

• Compensation and Liability Act (30 days)

• Consumer Financial Protection Act of 2010

• (180 days)

• Consumer Product Safety Improvement Act

• (180 days)

• Energy Reorganization Act (180 days)

• Federal Railroad Safety Act (180 days)

• Federal Water Pollution Control Act (30 days)

• International Safe Container Act (60 days)

• Moving Ahead for Progress in the 21st Century

• Act (motor vehicle safety) (180 days)

• National Transit Systems Security Act

• (180 days)

• Occupational Safety and Health Act (30 days)

• Pipeline Safety Improvement Act (180 days)

• Safe Drinking Water Act (30 days)

• Sarbanes-Oxley Act (180 days)

• Seaman’s Protection Act (180 days)

• Section 402 of the FDA Food Safety

• Modernization Act (180 days)

• Section 1558 of the Affordable Care Act

• (180 days)

• Solid Waste Disposal Act (30 days)

• Surface Transportation Assistance Act

• (180 days)

• Toxic Substances Control Act (30 days)

• Wendell H. Ford Aviation Investment and

• Reform Act for the 21st Century (90 days)

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Whistleblower Headlines

• “A dentist in Maine is facing $72,000 to two employees

who raised concerns about the safety of the office.”

• “[A company] has been ordered to pay $1.07 million …

for allegedly firing four truck drivers who provided

information to the Federal Motor Carrier Safety

Administration during a safety audit”

• “[A company] violated the whistleblower protection

provisions of the Federal Railroad Safety Act and

consequently has ordered the company to pay two

whistleblowers $932,070.46 in damages”

• “Paving Co. Fined Nearly $1M Over Whistleblower

Firings”21

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Safety Incentive Programs

• Certain types of incentive programs

may be violations of 11(c)

• Tying workplace incentive programs

to injury and illness metrics is

prohibited

• OSHA 2012 memo:

https://www.osha.gov/as/opa/whistlebl

owermemo.html22

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• True or False? The OSH Act covers

the self-employed.

• Name one of an employer’s three

major responsibilities under OSHA.

• What is Section 11(c)?

Summary of Section 2 -Coverage, Responsibilitiesand Rights

StandardsSection 3

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• Many OSHA standards were

originally developed from

three sources:

– Consensus standards

– Proprietary standards

– Federal laws already in effect

Origin of OSHA Standards

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How OSHA DevelopsStandards

• 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

Some examples of the different titles and what they cover:

• Title 3 The President

• Title 10 Energy

• Title 21 Food and Drugs

• Title 23 Highways

• Title 26 Internal Revenue

• Title 29 Labor *

• Title 34 Education

• Title 39 Postal Service Department

• Title 40 Protection of Environment

• Title 49 Transportation

Code of Federal Regulations (CFR)

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OSHA Standards Overview

29 CFR (Code of Federal

Regulations)

• 1910 – General Industry

• 1926 – Construction

• 1915, 1917 & 1918 –

Maritime

• 1928 – Ag Standard

• 1904 - Recordkeeping

Reading Standards

• 29 CFR 1910.110(b)(13)(ii)(b)(7)(iii)

• 29 United States Code Title

• CFR Code of Federal Regulations

• 1910 Part - Part 1910 covers General Industry

• 110 Section Number {Section 110 falls under

Subpart H; Hazardous Materials}

Reading Standards

• 29 CFR 1910.110(b)(13)(ii)(b)(7)(iii)

• Following the Section number are Major Topic

Paragraphs, they are denoted with parentheses

and a lower case alphabetical

• (b) Major Topic Paragraph; “Basic Rules”

• (13) Paragraph Subsection; “LP-Gas in

buildings”.

Lower Case Alphabetical

Arabic Number

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Reading Standards

• 29 CFR 1910.110(b)(13)(ii) (b)(7)(iii)

• The next subdivision uses lower case roman

numeral

• After this the paragraph number sequence

begins again as before only this time using

italics

• (After 1979 the fourth set of parentheses uses a

capital letter instead of a small case italicized)

Lower Case Roman

Finding Standards on OSHA’s Website

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Finding Standards on OSHA’s Website

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Proprietary and Consensus Standards

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General Duty Clause

• Section 5(a)(1) of the Act

• Employers must furnish a

place of employment free

from recognized hazards

• Applies when there is no

specific standard

Reporting and Recordkeeping

• Employers must maintain records of workplace

injuries and illnesses

• Records must be available for the previous five

years

• Partial exemption for:

– Businesses with 10 or fewer employees (company

wide)

– Low hazard business (determined by NAICS code) https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_t

able=STANDARDS&p_id=12791

– NAICS Lookup - http://www.naics.com/search/36

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Reporting and Recordkeeping

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Reporting and Recordkeeping

OSHA Form 300

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Reporting and Recordkeeping

OSHA Form 301

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Reporting and Recordkeeping

OSHA Form 300a

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Reporting and Recordkeeping

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Report directly to OSHA:

• Within 8 hours

• Fatality

• Within 24 hours (NEW in 2015)

• Inpatient hospitalizations

• Amputations

• Loss of eye

• Within 30 days

• Mechanical power press point of operation injuries

• 1-800-321-OSHA (6742)

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• OSHA standards are broken into parts.

Which part contains standards for General

Industry?

• What must employers report to OSHA

within eight hours?

Summary of Section 3 -Standards

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OSHA Inspection

ProcessSection 4

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Inspection Priorities

• Imminent danger

• Catastrophes and fatal accidents

• Employee complaints

• Formal vs informal

• Referrals

• Planned or Targeted inspections

• Follow-up inspections

Inspection Priorities

• New in 2015

• Focus on complexity of inspections vs.

number of inspections– Significant Cases - 8 EUs

– Process Safety Management Inspections - 7 EUs

– Ergonomic Hazard Inspections - 5 EUs

– Heat Hazard Inspections - 4 EUs

– Non-PEL Exposure Hazard Inspections - 3 EUs

– Workplace Violence Hazard Inspections - 3 EUs

– Fatality / Catastrophe Inspections - 3 EUs

– Federal Agency Inspections - 2 EUs

– Combustible Dust Inspections - 2 EUs

– Personal Sampling Inspections - 2 EUs

– Non-formal Complaint Investigations - 1/9 EU

– Rapid Response Investigations - 1/9EU

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Inspection Process

• Opening conference

• Walkaround

• Closing conference

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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

Citations must be posted near the location where

the violation occurred

Violations and Penalties• As of August 1, 2016

– Other-than-serious (up to $7,000) $12,675 per

violation

– Serious (up to $7,000) $12,675 per violation

– Posting Requirements (up to $7,000) $12,675 per

violation

– Willful (up to $70,000) $126,749 per violation

– Repeated (up to $70,000) $126,749 per violation

– Failure to abate (Up to $7,000 $12,675 per day

beyond the abatement date)

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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

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• What are the stages of an OSHA

inspection?

• What are the types of OSHA violations?

Summary of Section 4 -OSHA Inspection Process

Implementing a

Safety and Health

Management

SystemSection 4

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Safety and Health Management System

Elements:

1. Management Leadership and

Employee Involvement

2. Worksite Analysis

3. Hazard Prevention and Control

4. Safety and Health Training

5. Program Evaluation and Improvement

6. Multi-Employer Coordination

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Element 1 - Management Leadership and Employee Involvement

Management Leadership

• Motivating force and resources

• Safety and health is a fundamental value

• Safety pays

Employee Involvement

• Workers develop and express their own

commitment to safety and health, for

themselves and fellow workers

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Management Leadership and

Employee Involvement• Policy

• Goals and

Objectives

• Management

Leadership

• Management

Example

• Responsibilities

• Employee

Involvement

• Authority

• Resources

• Accountability

• Program

Evaluation

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Group Exercise

• Question 1: What are some ways

Management can demonstrate

commitment to safety and health?

• Question 2: What are some ways to

involve employees in safety and health?

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Element 2 – Worksite Analysis

Involves 4 major actions:

• Comprehensive survey of facility

• Change analysis

• Routine job hazard analyses (JHA)

• Periodic and daily inspections

• Small business handbook

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Worksite Hazard Analysis

• Comprehensive

Surveys

• Safety Inspections

• Routine Hazard

Analysis (JHA)

• Change Analysis

• Accident

Investigation

• Hazard Reporting

• Trend Analysis

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Hazard Detection Workshop

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Element 3 – Hazard Prevention and Control

Systems used to prevent and control

hazards include:

• Engineering controls

• Safe work practices

• Administrative controls

• Personal protective equipment

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Hazard Prevention and Control

• Timely Hazard Control

• Emergency Equipment

• Emergency Planning

• Preventive Maintenance

• Medical Program (Emergency)

• Medical Program (Health Care Providers)

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Element 3 – Hazard Prevention and Control

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Element 4 – Safety and HealthTraining

Types of training include:

• Orientation training

• Facility safety rules

• Hazard recognition training

• Training required by OSHA standards

• Lockout tagout

• Forklifts

• Emergency action plan

• Hazard communication

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Safety Culture

• Culture is a combination of an

organization’s:

– Attitudes

– Behaviors

– Values

– Ways of doing things

– Other shared characteristics of a particular

group

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Safety Culture

• An organization’s culture can:

– Socialize newcomers

– Determine influence

– Define influence

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Safety Culture

• A strong safety culture is the result of:

– Positive attitudes

– Involvement

– Policies and procedures that serve as reference tools, rather than obscure rules

– Mutual goals that

are measurable

– Training on all

levels

– Responsibility and

Accountability

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• What are the four elements of a safety

and health management system?

• What are some important factors in

making your safety and health program

successful?

Summary of Section 5 -Implementing a Safety& Health Management System

Assistance to Small

BusinessesSection 6

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Office of Small Business

Assistance• Serves as liaison

within OSHA for small

businesses

• Provides outreach

and compliance

assistance to small

businesses

https://www.osha.gov/

dcsp/smallbusiness/

• Administers On-Site

Consultation Program85

On-Site Consultation Program

• Free, confidential advice to small

and medium-sized businesses

• Priority to high-hazard worksites

• Separate from enforcement

• No penalties or citations

• Georgia Tech Consultation

program website –

http://www.oshainfo.gatech.edu

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SHARP

• Exceptional achievement for small

businesses

• Recognition of safety and health

achievements

• Exemption from programmed OSHA

inspections (up to 2 years initial, and 3

years upon renewal)

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SHARP

Requirements:• Request a comprehensive consultation visit from your On-site Consultation

office that involves a complete hazard identification survey

• Involve employees in the consultation process

• Correct all hazards identified by the consultant

• Implement and maintain a best practice injury and illness prevention

program

• Maintain your company's Days Away, Restricted, or Transferred (DART) rate

and Total Recordable Case (TRC) rate below the national average for your

industry

• Agree to notify your state's On-site Consultation office prior to making any

changes in the working conditions or introducing new hazards into the

workplace.

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Compliance Assistance

• NIOSH

• Compliance assistance

resources (Publications)

• Compliance Assistance

Specialists (CASs)

• Recordkeeping

Coordinators

• OSHA website

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Other Cooperative Programs

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OSHA Website

• Compliance Assistance Quickstart

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OSHA Website

• E-tools

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Training

• OSHA Office of

Training and Education

• OSHA Training Institute

Education Centers

• www.oshainfo.gatech.edu

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OSHA Temp Worker Initiative

• https://www.osha.gov/temp_workers/

Temporary Worker Hazards

• Free training under OSHA Susan Harwood

Grant

• Covers:

– Temporary worker hazard recognition

– Recordkeeping criteria

– Host employer responsibilities

– Staffing agency responsibilities

• Register at:

– http://www.eventbrite.com/o/georgia-techs-

temp-worker-hazards-training-764040203795

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• What are some benefits of working with

the On-Site Consultation program?

• How would you obtain information on

resources available to small businesses?

Summary of Section 6 -Assistance toSmall Businesses

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Review of Objectives

• Describe the tools OSHA uses to reduce workplace injuries and illnesses

• Identify basic employer and employee responsibilities and rights under OSHA

• Recognize how OSHA standards are organized and developed

• Select the steps of the OSHA inspection process

• Recognize the four elements of a safety and health management system

• Obtain information about compliance assistance

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Closing

• Any questions?

• Remember to turn in evaluation forms

• Student data sheets

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