All About OSHA

by Amy E. Essex
Besser Company Tax and Risk Manager

OSHA is the Occupational Safety & Health Administration. Founded in 1970, OSHA works to save lives and prevent accidents in the workplace. Since the founding of OSHA, the workplace death rate has been cut in half and occupational injury and illness rates have declined 40 percent. During the same time, employment in the United States nearly doubled from 56 million workers at 3.5 million work sites to 105 million workers at 6.9 million sites.

In 1999, federal OSHA operated with a staff of more than 2,200 including 1,200 inspectors and a budget of $382 million. In addition, OSHA-approved programs operate in 25 states including: Alaska, Arizona, California, Connecticut (state and municipal employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York (state and municipal employees only), North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington and Wyoming.

At work sites under OSHA jurisdiction, compliance to standards is enforced through unannounced inspections. Top priorities for OSHA are life-threatening situations, accidents involving deaths, or three or more workers injured severely enough to require hospitalization. Also, high on the list for inspections are employee complaints. Inspections of high hazard industries and work sites with a record of many injuries or illnesses come next. OSHA will also conduct follow-up inspections at companies previously cited for violations.

• Providing a safe workplace for employees (the General Duty Clause).
• Preparing and maintaining records of work related injuries and illnesses.
• Communicating information about workplace hazards to employees.
• Complying with all OSHA rules and standards.
• Posting all applicable notices (job safety posters, OSHA workplace injury and illness log).
• Providing personal protective equipment to your employees, where applicable.

• Reviewing copies of appropriate standards, rules, regulations and requirements that the employer should make available at the workplace.
• Requesting information from the employer on safety and health hazards in the workplace.
• Observing any monitoring or measuring of hazardous materials and seeing the resulting records.
• Being informed, by posting, of any citation issued by OSHA as part of an inspection.

Although OSHA does not cite employees for violations of their responsibilities, OSHA states that employees "shall comply with all occupational safety and health standards and all rules, regulations and orders issued under the Act."

Employees’ responsibilities include:

• Reading the OSHA posters at the work site.
• Complying with applicable OSHA standards.
• Following all employer safety and health regulations and wearing or using prescribed protective equipment while working.
• Reporting hazardous conditions to the employer.
• Reporting a job-related injury or illness to the employer and seeking treatment promptly.
• Cooperating with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions in the workplace.

More than 30 million workers are potentially exposed to one or more chemical hazards. There are an estimated 650,000 hazardous chemical products in existence today and hundreds of new ones are introduced annually. This poses a serious problem for exposed workers and their employers.

The OSHA Hazard Communication Standard (HCS) includes protection for all workers exposed to hazardous chemicals in all industrial sectors. This standard is based on a simple concept - that employees have both a need and right to know the hazards and the identities of the chemicals they are exposed too. Consequently, the OSHA Hazard Communication Standard is commonly referred to as "Right to Know." Workers also need to know what protective measures are available to prevent adverse effects from occurring. OSHA predicts that proper implementation of the HCS will result in a reduction of illnesses and injuries caused by chemicals.

The HCS establishes uniform requirements to ensure that the hazards of all chemicals imported into, produced or used in the United States’ workplaces are evaluated. This hazard information must be transmitted to affected employers and exposed employees. Chemical manufacturers and importers must convey hazard information to employees through container labels and material safety data sheets (MSDSs). In addition, all covered employers must have a hazard communication program to inform employees.

Labels contain information relating to the health hazards, fire hazards and reactivity hazards associated with a chemical substance. Labels can also indicate what personal protective equipment is appropriate to use when in contact with the substance.

There are two types of labeling systems in common use. The National Fire Protection Association (NFPA) uses a "diamond" system to show the health hazard, fire hazard, reactivity hazard and any specific hazard inherent in a product. The Hazard Material Identification System (HMIS) also shows the health, fire and reactivity hazard of a product, but instead of showing other specific hazards, it includes a spot to show what personal protective equipment (PPE) should be used when handling the product. Either system can be used, but it is best to choose one and use it consistently.

MSDSs include information on the manufacturer, the hazardous ingredients, physical/chemical characteristics, fire and explosion hazard data, reactivity data, health hazard data, precautions for safe handling and use and hazard control measures.

What is the most common theme at OSHA these days? You guessed it: TRAINING. Training is the common thread running through most of the OSHA standards.

Determining what training is required can be a mind-boggling task. OSHA offers some guidelines in this area in the form of a seven-step process:

1. Determine if training is needed.
2. Identify training needs.
3. Identify goals and objectives.
4. Develop learning activities.
5. Conduct training.
6. Evaluate program effectiveness.
7. Improve the program.

Part 2 of this OSHA series of safety articles will address the topic of training in depth.

Once an employer has reviewed and complied with all OSHA standards, common sense says that employers should be safe from any inspection-related penalties. However, OSHA has thrown a catch-all into the mix. Under

the General Duty Clause, "Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." OSHA inspectors have applied the General Duty Clause to issues such as (but not limited to) workplace violence, ergonomics (soon to be a standard of its own) and indoor air quality.

In general, you must keep the workplace safe from hazards, even if the hazards are not specifically spelled out in an OSHA standard.

The proposed new ergonomics standard is a top priority. Musculoskeletal disorders account for one-third of all serious injuries and

one-third of workers’ compensation costs. Preventing these injuries is a top priority for OSHA. The standard has not been released yet but it is expected soon. What does this new standard mean for you as an employer? It will undoubtedly mean reevaluating the conditions under which employees work and how job functions are performed. It may mean changing work stations and the way employees do their jobs.

Three other serious safety and health problems that OSHA is currently focusing on are: Silicosis, amputations and lead poisoning. In the concrete products industry, Silicosis and amputations are common problems.

The primary goal of OSHA is to ensure safe and healthful conditions for every American worker. All of the agency’s enforcement, educational and partnership efforts seek to reduce the number of occupational injuries, illnesses and deaths.

OSHA prides itself on being "the new OSHA." They claim their emphasis is on results - not red tape. Inevitably, you will have some interface with OSHA at some point. Keep an open mind, take steps to protect your company, but most importantly, work to make the OSHA interface a beneficial experience for your company.

Editor's Note: Amy Essex has expanded her responsibilities to include risk management for the Besser Family of Companies and corporate-wide tax planning.

Resources
State or regional OSHA offices - contact OSHA at (202) 693-1999 for help finding the correct office to contact.

References
Occupational Safety and Health Administration (OSHA) web site: www.osha.gov.