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58 Cards in this Set

  • Front
  • Back
OSH Act
1st comprehensive legislation requiring employers to protect workers from injury or illness
-creation of OSHA
-set 3 sets of duties
-creation of NIOSH
Ocuppational safety and health administration
-created by osh act in 1970
-sets and enforces safety standards
-mandatory to all interstate commerce
-excludes sole proprietors without employees, family farms, and mine operations; which are covered by the Mine Safety and health act
-develop reporting procedures to track trends
Duties set by OSHA
1. mst provide every employee a place to work taht is free from recognized hazards that are causing or are likely to cause death or serious physical harm
2. employers must comply with all safety and health standards disseminated in accordance with the act
3. employers are required to comply with OSH standards, rules, and regulations that impact their individual actions and behavior
NIOSH
national institure of occupational safety and health
-researches and evaluates workplace hazards
-makes recommendations
-develops educational materials
MSH act
mine safety and health act
-established MSHA to ensure the safety of mine workers
Drug-free workplace act
applies to businesses w/ $100k+/year federal contracts
must take 6 steps for compliance
Steps for compliance of drug-free workplace act
*develop and publish a written policy
(must indicate substances and conseqences)

*establish an awareness program

*notify employees about contract conditions

*notify the contracting agency of violations

*establish penalties for illegal drug convictions

*maintain a drug-free workplace
OHSS
other legislation affecting occupational health safety and security
*FLSA
(fair labor standards act)
*SBREFA
(small business regulatory enforcement fairness act)
*needlestick safety and prevention act
FLSA
fair labor standards act
applies to children, minors may not be employed in jobs considered hazardous to them
SBREFA
small business regulatory enforcement fairness act
SBA provides consulting to small buinesses on steps??
needlestick safety and prevention act
all needlesticks and sharp objects be recorded
-requires involvement of front-line employees in finding safer devices
-protects employees who have endured needlestick injuries
worker compensation
laws are handled by state and differ only federal legislations for particular industries
before used 3 common law doctrines that were in favor of employer
1. fellow servant rule
2. doctrine of contributory negligence
3. voluntary assumption of risk
fellow servant rule
absolved employers of responsibility if a co-worker's actions caused the injury
doctrine of contributory negligence
mitigate employer's responsibility if the worker's actions contributed in any way to the injury
voluntary assumption of risk
workers who knew the dangers upfront assumed risk
Federal worker compensation legislations
*FECA
(federal employees compensation act)
*LHWCA
(longshore and harbor worker's compensation act)
*BLBA
(black lung benefits act)
*EEOICPA
(energy employees ocupational illness compensation plan)
FECA
federal employees compensation act

federal employee's equivalent of worker's comp. providing similar benefits
LHWCA
longshore and harbor worker's compensation act

provides worker's comp for maritime workers who are injured on navigable waters of the us or on docks,piers or terminals
BLBA
black lung benefits act

provided benefits for coal miners sufering from pneumoconiosis due to mine work
EEOICPA
energy employees ocupational illness compensation plan

provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
OSHA standards
osha defines certain standards that would result in improved workplace safety and health
major ones detailed below
the general duty standard
requires provision of environment free from recognized safety and health hazards
-requires compliance w/OSHA rules, regulations, and standards
emergency action plans
employers required to have emergency action plans to inform employees of appropriate procedures to follow during a fire or evacuation
-must designate who will stay behind
-develop process to account for all employees after an evacuation
-set who will be responsible for rescue and medical duties
-provide training when plan is developed/new employees/change of responsibility
-i.d. person responsible for maintainng it and contact info for any ?s
fire prevention plans
-describe major fire hazards and procedures for handling and storing hazardous materials to prevent fires
-develop and implement procedures to control accumulation of inflammables
-ensure that heat producing machinery is adequately maintained
occupational noise exposure
establishes permisible noise levels of up to 85 db
->85bd requires hearing conservation programs including audiometric testing
-hearing loss >10db requires OSHA report
personal protective equipment
-used in jobs where employees come on contact w/ hazardous materials
-protect eyes, face, respiration, feet, hands, and head
-gear must be provided to protect from electrical shock

-must be porovided, used and maintained in working conditions
-must train in appropriate use of ppe
-responsible for ensuring employee-owned equipment is adequately maintained for use
sanitation
requires to be clean to the extent the type of work allows
-sets guidelines for maintaining sanitary conditions
specifications for accident prevention signs and tags
-all workplace signs must conform to osha specifications
-describe colors to be used for diff. levels of warning
-in biohazard and slow-moving vehicles more specific
OSHA warning sign colors
red- danger
yellow-caution
orange-warning
flourescent orange/orange-red - biohazard
permit required confined spaces
requires permits to enter spaces that may become filled w/ a hazardous atmosphere that could be immediately dangerous
-must be tested prior to an employee's entrance
control of hazardous energy
(lockout/tagout)
applies to machinery that may start unexpectedly when safety device must be removed for inspection or maintenance and body may be subject to injury
medical services and first aid
-requires that all employes provide adequate first aid supplies and someone trained in first aid to asist employes in an emergency
geneal requirements for all machines (machine guarding)
machines must use guards to protect employees from injury
blood borne pathogens
take steps to prevent exposure
-exposure control plan, informing of preventive steps
-post-exposure evaluation and followup
-record keeping
-incident evaluation procedures
hazard communication standard
-requires provision of info about physical and health hazards of chemicals used in the workplace
-must develop and maintain written hcs
-material safety data sheet is provided by chemical manufacturers provide sufficient info
categories of osha violations
-willful
(intentional violation or indifference)
-serious
(substantial probability of death or serious harm)
-other-than-serious
(could have direct effect)
-repeat
-failure to abate
(prior violation)
-de-minimus
(no direct relationship to safety or health)$0
employer osha responsibilities
-minimize hazards
-inform all employees about osha
-appropriate warning signs
-educate and train on safety procedures
-businesses w/ 11+ employees must maintain record of all injuries and ilnesses and post them from feb 1 through april 30 each year
-report fatal accident or one resulting in hospitalization within 8 hours
-accident report log must be available to all curent or former employees or reps when requested
-when employee reports unsafe conditions to osha employer must not retaliate or discriminate against them
employer osha rights
-may seek advice and consultation from osha
-may participate in advisory committee
-may contct NIOSH for info on substances to determine toxicity
-if unable to comply may apply for temp or permanent waivers
employee rights
-seek safety and health w/o punishment
-know hazards of job
-be provided communication plan
-acess employer exposure and medical records
-request osha inspection
-request niosh info
-file complaint to osha
osha record keeping requirements
osha form 300
osha form 300A
osha form 301
OSHA form 300
log of work related injuries and ilnesses
retained for 5 years
OSHA form 300A
summary of work-related injuries and ilnesses
retained for 5 years
OSHA form 301
injury and illness incident report
retained for 5 years
Qualified and exempted employers
must fill of 11+employees
can be exempted if low injury industry
-unless OSHA has notified a business in writing that reports must be filed they are exempt
What must be recorded by osha
1. must be covered by osha
2. employee covered by osha regulations
3. must be new case

-injury or ilness on employee's payroll must be recorded even if under temp payroll
-owners and partners not considered employees by osha
privacy concern cases
measures by osha to protect employee privacy, substitute case number for name in the osha 300 log
allowing access
to current or former employee, reps. or personal rep.
must provide info on how to appropriately report injury or illness
osha 300 must be provided by the end of next business day
osha 301
to employee end of next business day
rep- 7 calendar days
OSHA inspections
-conducted w/o notice by CSHO (compliance safety and health officer)trained on osha standards
-uses priorities and uses set procedure
osha inspection priorities
1. imminent danger
2. catastrophes and fatal accidents
3. employee complaints
4. programmed high-hazard inspections
5. follow-up inspections
osha inspection procedure
1. csho presents credentials
-may require inspector to have security clearance
2. opening conference
3. tour facilities
4. closing conference
OSHA inspection opening conference
-why site selected
-purpose of visit
-scope of inspection
-discuss standards that apply
will request employee rep to accompany on tour
OSHA inspection tour
-inspector will determine route and where to look and to which employees to talk to

*review safety program
*examination of records
*ensuring OSHA poster is prominently displayed
*evaluation of compliance standards
*pointing out unsafe work conditions

employer may raise affirmative defense to violatons observed
OSHA inspection closing conference
dicuss obervations and corrective actions
osha area director makes final decisions
OSHA inspection employer rights and responsibilities
-required to cooperate by providing records and employee rep.
- citations issued must be postedat or near worksite involved, must remain for 3 working days or until has been abated
-may file notice of contest within 15 days of citation receipt
OSHA consultants
osha provides free consultation to busineses to help with safety
SHARP recognizes small high hazard employers who have requested osha consultation
strategic partnerships program
help osha solve health and safety problems
osha alliance program
collaboration w/ orgs interested in promoting health and safety
voluntary protection program
employers w/ tough established safety programs
must meet osha criteria for this and willbe removed from scheduled inspections list