# Presentation: 330211

## Course #7510

**Course #7510**
**Introduction to OSHA**
**for Small Businesses**
**in the **
**Printing Industry**

## 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

## Overview

-    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

## OSHA’sEstablishment 

-                – Occupational Safety and Health Administration
- Law signed on December 29, 1970
- To provide worker safety and health protection

## Why OSHA is Needed

**•  **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

## OSHA’s Impact

- • Overall injury and illness rate reduced 42%
-  Brown lung disease eliminated
-  Trenching fatalities reduced 35%

**OSHA’s Impact**

- Since 1970

## OSHA’s Tools

- •  Strong, fair and effective enforcement
- •  Outreach, education and compliance     assistance
- •  Partnerships and other cooperative    	programs

**OSHA’s Tools**

## Summary of Section 1 -

- •  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**

## OSHA Coverage

**•  **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**

## OSHA Coverage

- Dana Wilson, a public school teacher at Apple Valley Elementary.
- Harry Adams, a miner at Below Ground Inc.
- Adrian Smith, one of 3 employees of ABC landscaping.
- Taylor Dell, an accountant in business for herself.

## Major Employer

**•  **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 Employer**
**Responsibilities**

## Major Employer Rights 

- •   Accompany compliance officer on inspection
- Request an informal conference
- Contest citations and penalties

**Major Employer Rights **

## Employee Responsibilities

- 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 Responsibilities**
**and Rights **

## Firing or laying off 
Blacklisting 
Demoting 
Denying overtime or promotion 
Disciplining 

- Firing or laying off
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining

- Denial of benefits
- Failure to hire or rehire
- Intimidation
- Reassignment affecting future promotions
- Reducing pay or hours

- Discrimination can include:

## Summary of Section 2 -

- Name one of an employer’s three major responsibilities under OSHA.
- What is Section 11(c)?

**Summary of Section 2 -**
**Coverage, Responsibilities**
**and Rights **

## OSHA Standards Overview

- 29 CFR (Code of Federal Regulations)
- 1910 – General Industry
- 1926 – Construction
- 1915, 1917 & 1918 – 		Maritime

## Finding Standards on OSHA’s Website

## Frequently Cited Standards in the Printing Industry

**Standards cited**

**Number of times the**
**standard was cited by Federal OSHA**
**October 2005 through September 2006.**

## 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

## How OSHA Develops

**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

## Reporting and 

**Recordkeeping**

- Report fatality/catastrophes within 8 hours
- Maintain injury and illness records
- Post annual summary February 1 to April 30

**Notes:**
If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees. 

## Summary of Section 3 -

- What must employers report to OSHA within eight hours?

**Summary of Section 3 -**
**Standards**

## Inspection Priorities

-     Imminent danger
-     Catastrophes and fatal accidents
-     Employee complaints
-     Referrals
-     Planned or Targeted inspections
-     Follow-up inspections

## Inspection Process

-    Opening conference
-    Walk Around
-    Closing conference

## Opening Conference

- Purpose of inspection is described
- A copy of the complaint is provided, if applicable
- Employees are included, unless employer objects
- Scope of the inspection is discussed, including:
- Private employee interviews
- Physical inspection of the workplace and records
- Possible referrals
- Discrimination complaints
- Closing conference

## Walk Around Representatives

- Generally include employer designated and employee designated representatives

## Records Review

- Compliance Officer:
- Checks that OSHA poster is displayed
- Reviews injury and illness records for three prior calendar years
- Checks for posting of Injury and Illness Summary (February 1 – April 30)

## Walk Around Inspection

- The main purpose of the walk around inspection is to identify potential safety and/or health hazards in the workplace
- Walk around includes:
- Evaluation of safety and health program
- Recording of all facts pertinent to an apparent violation
- Collecting samples
- Taking photographs and video
- Interviews

**Notes:**
Apparent violations shall be brought to the attention of employer and employee representatives at the time they are documented.  For each apparent violation, CSHO’s will record (at a minimum) the identity of the exposed employee, the hazard to which the employee was exposed, the employee’s proximity to the hazard, the employer’s knowledge of the condition, and the manner in which important measurements were obtained.
The CSHO determines as soon as possible after the start of the inspection whether sampling, such as but not limited to air sampling and surface sampling, is required by utilizing the information collected during the walk around and from the pre-inspection review.
Summaries of the results are provided to the appropriate employees and employer representatives.

Interviews - Section 8(a)(2) of the Act authorizes the CSHO to question any employee privately during regular working hours in the course of an OSHA inspection. Individual interviews are authorized even when there is an employee representative present.

## Abatement Assistance

- CSHO’s will offer appropriate abatement assistance during the walk around as to how workplace hazards might be eliminated
- The information will provide guidance to the employer in developing acceptable abatement methods or in seeking appropriate professional assistance
- Use of specific product names when recommending abatement measures does not imply OSHA endorsement of any product or service

## Closing Conference

- At the conclusion of an inspection, the CSHO conducts a closing conference with the employer and the employee representatives, jointly or separately, as circumstances dictate.
- The closing conference may be conducted on site or by telephone, as determined by the CSHO

## 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 and Penalties

- The CSHO reports findings to the area director, who evaluates them
- If a violation exists, OSHA will issue a Citation and Notification of Penalty
- Citations and notices of proposed penalties are sent by certified mail
- Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation abated, whichever is longer

**Notes:**
Employers must comply with the posting requirements even if they contest the citation.

## Violations and

**Penalties**

-     Other-than-serious
-     Serious (up to $7,000)
-     Willful (up to $70,000)
-     Repeated (up to $70,000)
-     Failure to abate

## 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

## Informal Conferences

- Before deciding whether to file a contest, employers are encouraged to request an informal conference
- Informal conferences must be held within the 15 working day contest period

## Informal Conferences and Settlement

- During informal conferences, employers can:
- Obtain a better explanation of the violations or standards
- Negotiate and enter into an informal settlement agreement
- Discuss methods of correction or problems with abatement dates
- Resolve disputed citations and penalties
- Obtain answers to other questions

## Additional Information

- More information about informal conferences, the appeals process, and employer options following an OSHA inspection is available in:
- OSHA Publication 3000, Employer Rights and Responsibilities Following an OSHA Inspection _[http://www.osha.gov/Publications/osha3000.pdf](http://www.osha.gov/Publications/osha3000.pdf)_

## Summary of Section 4 -

- What are the types of OSHA violations?

**Summary of Section 4 -**
**OSHA Inspection Process**

## Safety and Health Management System

- Four elements:
- Management Leadership and Employee Involvement
- Worksite Analysis
- Hazard Prevention and Control
- Safety and Health Training

## Element 1 - Management Leadership and Employee Involvement

- Management Leadership
- Motivating force and resources
- Safety and health is a fundamental value
- Employee Involvement
- Workers develop and express their own commitment to safety and health, for themselves and fellow workers

## Element 2 – Worksite Analysis

- Involves 4 major actions:
- Comprehensive survey of facility
- Change analysis
- Routine job hazard analyses (JHA)
- Periodic and daily inspections

## Element 3 – Hazard Prevention and Control

- Systems used to prevent and control hazards include:
- Engineering controls
- Safe work practices
- Administrative controls
- Personal protective equipment

## Element 4 – Safety and Health

**Training**

- Types of training include:
- Orientation training
- Hazard recognition training
- Training required by OSHA standards
- Emergency response training
- Accident investigation training
- Emergency drill training

## Summary of Section 5 -

- What are some important factors in making your safety and health program successful?

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

## Office of Small Business Assistance

- Administers On-Site Consultation Program
- Serves as liaison within OSHA for small businesses
- Provides outreach and compliance assistance to small businesses

**Notes:**
The Office of Small Business Assistance works to ensure that OSHA provides small businesses with all of the rights they are entitled to under SBREFA. 

The Small Business Regulatory Enforcement Fairness Act, or SBREFA was designed to give small businesses assistance in understanding and complying with government regulations and more of a voice in the development of proposed new regulations. Under SBREFA, the Occupational Safety and Health Administration (OSHA) and other Federal agencies must: 
 Produce Small Entity Compliance Guides for some rules  
 Be responsive to small business inquiries about compliance with the agency’s regulations  
 Submit final rules to Congress for review  
 Have a penalty reduction policy for small businessesOSHA’s Penalty Reduction Policy is as follows:
60 percent PENALTY REDUCTION if an employer has 25 or fewer employees
40 percent if the employer has 26-100 employees
20 percent if the employer has 101-250 employees 

 Involve small businesses in the development of some proposed rules through Small Business Advocacy Review Panels. 
- OSBA coordinates OSHA's participation in Regulatory Fairness Hearings sponsored by the SBA 

## Slide 47

## 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
- Employers may qualify for a one-year exemption from routine inspections

**Notes:**
Since 1975, Onsite Consultation has:
 Conducted over a half million Onsite Consultation visits, and 
 Removed more than 25 million employees from hazards

Mandated under section 21d of the Occupational Safety and Health Act, the Onsite Consultation Program has been serving small businesses for over 30 years.  During this time, the program has had a profound impact on businesses and their employees all over the country.

## Other Cooperative Programs

## Compliance Assistance

- Compliance assistance resources
- Compliance Assistance Specialists (CASs)
- OSHA website

## Training

- OSHA Office of Training and Education
- OSHA Training Institute Education Centers

## Summary of Section 6 -

- How would you obtain information on resources available to small businesses?

**Summary of Section 6 -**
**Assistance to**
**Small Businesses**

## 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

## Closing

- Any questions?
- Remember to turn in evaluation forms