OSHA

Mr. Retherford's Lecture Notes: These are the lecture notes for the OSHA Lesson.

Objective: This lesson is designed to help you understand the role of the Occupational Health Administration in the Construction Industry.

1. OSHA

A. OSHA is an entity set up by the Federal Government that is responsible for ensuring that Americans are safe while they are at work.

B. OSHA= Occupational Safety and Health Administration

C. OSHA’s mission is to save lives, prevent injuries, and protect the health of American workers.

D. The Code of Federal Regulations (CFR) part 1926 is a document that covers the OSHA standards for the construction industry. Show CFR Part 1926.

E. OSHA calls specific safety regulations “standards” Read OSHA Standard 1926.301(D)

F. CFR Part 1926 applies to residential and commercial construction. OSHA focuses its efforts mostly on commercial construction but residential inspections are always a possibility

G. A citation is a document issued to an employer that identifies one or more violations of OSHA standards, fines are usually included with a citation. Similar to a speeding ticket.

2. The General Duty Clause – In the event that a hazard is identified that does not violate a specific safety standard OSHA has created “The General Duty Clause” which allows them to regulate work activities that are not specifically mentioned in CFR 1926. A citation can be issued under The General Duty Clause if:

A. Employers fail to keep the workplace free of a hazard to which employees are exposed.

B. The hazard was recognized by the employer or a representative of the employer

C. The hazard was causing or likely to cause death or serious physical harm.

D. There was a feasible and useful method to correct the hazard

3. Rights and Responsibilities of Employees and Employers:

A. First and Foremost, workers must follow their employers safety rules. If workers do not follow their employers rules they cannot be fined by OSHA but they can be disciplined for violation of their employers safety rules. Discipline can include termination of employment.

B. Workers must wear their PPE

C. Workers also have a responsibility to inform their supervisor of any unsafe condition.

D. OSHA prohibits employers from disciplining any employee for practicing their rights under OSHA, including filing a complaint.

E. Employees have the right to request an inspection by OSHA. The request must be in writing.

F. Employees requesting an inspection have the right to have their names withheld from their employer if they request that their name be kept secret.

G. In the event of an inspection, OSHA inspectors are required to notify employees of imminent dangers. An imminent danger is a danger could cause death or serious injury. The inspector may also require the employer to stop any unsafe activity.

H. Employees have the right to accompany the OSHA inspector during all parts of the inspection including opening and closing conferences.

I. Employees have the right to be told about any citations that are issued.

J. After the inspection occurs employers are given a date by which unsafe conditions must be corrected

4. Inspections – There are six types of inspections that OSHA uses to determine if employers are in compliance.

A. Imminent Danger Inspections – These are OSHA’s top priority and are conducted when workers face immediate risk of death or serious physical harm.

B. Catastrophe Inspection – Performed after an accident that requires hospitalization of three or more workers. Employers are required to report fatalities and catastrophes to OSHA within 8 hours

C. Worker Complaint Inspections – Conducted due to written complaints by workers or workers representatives.

D. Programmed Inspection – Aimed at high risk areas based on OSHA’s priority list.

E. Follow-up Inspection – Completed after citations to ensure that employers have corrected unsafe conditions.

F. Monitoring Inspection – These are the normal, surprise inspections that OSHA conducts to ensure that safety regulations are being followed, these will increase if a company has frequent citations or accidents.

G. During these inspections OSHA inspector will walk around the jobsite. During the walk the inspector will do the following:

1. Observe conditions of the jobsite

2. Talk to Workers

3. Inspect Records

4. Examine Hazard warnings and signs

5. Point out hazards and suggest ways to reduce or eliminate them

6. After the inspection there is normally a closing conference held between the inspector and the employer’s managers. At this meeting the inspectors discuss their findings, cite specific violations, and suggest ways to fix the hazards.

H. Employers who violate OSHA regs. are normally fined.

1. Serious violations can result in fines up to $7,000

2. Fines for willful violations can cost up to $70,000. (A willful violation is a violation that the employer knew about but did not address.

5. Competent Person – Employers are required by law to have a competent person on staff. A competent person is a person who is trained to identify potential hazards and has the authority to take corrective measures.

6. Record Keeping – Employers are required to keep accurate records related to occupations illnesses and injuries. These records will be audited during OSHA inspections. Show OSHA form 300

7. Categories of on-the-job events.

A. Injuries – any unplanned event that requires treatment even minor cuts and bruises.

B. Accident – unplanned event that causes injury or property damage.

C. Incident - unplanned event that could have caused injuries

***All on the job injuries, accidents and incidents should be reported to your supervisor***

8. Job Safety Analysis Form – One way to identify possible safety hazards is to perform a Job Safety Analysis. This is a form that requires the employee to think through a job, identify hazards, and come up with ways to protect themselves from injury. Show JSA form and perform JSA on changing a Circular Saw Blade.

Worksheet Questions