Ih - Osha Regulations And Hazard

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OCCUPATIONAL SAFETY AND HEALTH ACT
PL 91-596
December 29, 1970
THE ACT'S COVERAGE

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THE ACT'S COVERAGE
 All employers and employees in the 50 states &
territories

Not covered
 Self-employed
 Farms at which only immediate family members work
 Working conditions regulated by federal agencies i.e. MSHA,
certain truck/transportation workers, atomic energy workers
 Public employees in state/local governments if their state has
an OSH plan that covers them.

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Agencies Created by OSH Act

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Agencies Created by OSH Act
 OSHA - Occupational Safety and Health
Administration
 NIOSH - National Institute For Occupational
Safety and Health
 OSHRC - Occupational Safety and Health
Review Commission

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Functions of OSHA

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Functions of OSHA
Assure safety and health of America’s workers by:
 Setting and enforcing OSH standards
 Provide worker training, outreach and education
 Establish partnerships by encouraging state programs
 Encouraging continual improvement in workplace
safety and health

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Functions of NIOSH(Part of Dept. of
Health & Human Services)

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Functions of NIOSH(Part of Dept. of
Health & Human Services)
 Conduct research in OSH
 Develop criteria as basis for new standards
 Professional education and manpower
development
 Annual toxic substances list
 Health hazards evaluation

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Functions of OSHRC - Occupational Safety and Health
Review Commission

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Functions of OSHRC

Mission is to provide fair and timely resolution to
workplace safety & health disputes between DOL and
employers. Renders decisions that arise from
inspections conducted by OSHA.
 Agency consists of 3 commissioners, one of whom is
designated as chairperson, a legal staff, national and
regional judges and assorted other staff.

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OSH Standards
 DEFINITION:

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 DEFINITION:
A standard which requires CONDITIONS, or the
ADOPTION or use of one or more PRACTICES, means,
METHODS, operations, or processes, reasonably
necessary or appropriate to provide SAFE and
HEALTHFUL employment and places of employment

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Deciding to Develop a Standard
OSHA can begin standards-setting procedures itself or in
response to petitions from other parties including:

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OSHA can begin standards-setting procedures itself or in
response to petitions from other parties including:
 Secretary of Health and Human Services
 NIOSH
 State and local governments
 Nationally recognized standards-producing
organizations (NFPA, ANSI, ASME, API, ACGIH,
CGA), employer or labor representatives
 Any other interested parties

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Origins Of OSHA Standards
Sec 6.(B)

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Sec 6.(B)
 Procedures to promulgate, modify, or revoke a standard
 Law procedures in the act
 Permanent standards must go through an “informal rulemaking
process” prescribed in the Administrated
Procedures Act

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Development of OSHA Std.

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Development of OSHA Std.
 Indication of Need
 Request for Additional Information
 Review All Information
 Develop Proposed Standard
 Review Feasibility
 Publish Notice - Federal Register
 Public Comment Period
 Public Hearing - Maybe
 Final Revisions/Promulgation

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Types of Standards

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1. Design standards:
 detailed design criteria for specific processes, procedures, techniques. Example: ventilation design standards 1910.94
2. Performance standards:
 states an objective that must be obtained and leaves the means of attaining it up to the employer. Example: 1910.1000, the PELs for industrial chemicals
3. Vertical standards:
 a standard applied to a particular industry with specifications for individual operations within that industry. Example: 1910.261 standards for pulp and paper
manufacture
4. Horizontal standards:
 a standard which applies to all workplaces and relates to broad areas. Example: 1910.141 workplace sanitation.

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TLVs and PELs
 OSHA SECTION 6(a)

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OSHA SECTION 6(a)

Walsh-Healy Act - 1968 TLV Listing

29CFR1910.1000
- Table Z-1 (1968 TLV List)
- Table Z-2 (ANSI List)
- Table Z-3 (Mineral Dust)

TLV copyrighted by ACGIH
- Used Permissible Exposure Limit (PEL)

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OSHA PEL Revision

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OSHA PEL Revision

 New Standard Promulgated - January 1989
-164 new PELs and 212 revised PELs
 AFL-CIO Vs. OSHA (CA 11, No. 89-7185)
 July 7, 1992 Federal Appeals Court Overturned

The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions_in_the_United_States

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OSHA PEL Revision - OVERTURNED BECAUSE OSHA FAILED TO:

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 Establish that existing PELs in the workplace present significant
risk of material health impairment or that the new standards
eliminate or substantially reduce the risk
 Meet burden of establishing the new PELs were either
economically or technologically feasible
 Present sufficient explanation to support an across the board four
year delay in implementing the rule

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OSHA PEL Revision - OSHA instructs Field Offices:

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 OSHA instructs Field Offices:
 to enforce PELs in effect before 1989 rule
 use General Duty Clause for 164 new PEL substances

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Legal Aspects of Selected Occ Exposure Limits (OELs) - Which ones are legally binding?

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PELs - OSHA
Reference Concentration - EPH (community based standard not OEL)

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Legal Aspects of Selected Occ Exposure Limits (OELs) - Which ones are NOT legally binding?

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REL - NIOSH
TLV - ACGIH
OEL - Britian

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What to Do During an OSHA Inspection - Essential Elements of an Inspection

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Essential Elements of an Inspection
 Pre-inspection planning
 Opening conference
 Walkthrough inspection
 Sample collection
 Closing conference

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Pre-inspection Planning

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Hazard anticipation/recognition
General process information
Size of the facility
Review previous reports
Select and prepare survey instruments

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Opening Conference

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OSHA presents identification credentials
Discuss purpose and scope of inspection
Request complete process flow diagrams or facility layouts
Brief examination of records, documents, postings
 Recordkeeping logs
 Written Health and Safety Programs
 Training records
 Look for the OSHA “It’s the Law” poster

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Walk-Through Inspection

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The main purpose is to identify potential
workplace hazards

During the walk-through
IH becomes familiar with work processes
Collects information on chemical and physical
agents
Observes workers’ activities
Conducts employee interviews

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Collecting Samples

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Air quality testing – personal and area samples
Determines compliance with applicable standards

Noise testing
Compliance with noise standard

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Review of Occupational Health Programs

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Review of Occupational Health Programs
 Monitoring program
 Medical program
 Education and training programs
 Record-keeping program

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Review of Compliance Programs

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 Work-practice and administrative controls
 Protective devices
 Regulated areas
 Emergency procedures
 Evaluation of sampling data

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Closing Conference

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Closing Conference
 Discussion of all unsafe/unhealthy conditions observed and all apparent violations for which a citation may be received
 Abatement procedures
 Methods of controls
 May require second closing conference to discuss environmental measurements results

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Issuance of Citations

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Issuance of Citations

 Workplace found to be in compliance
 Violations found in the establishment
 Contest of OSHA citations
--Must be filed within 15 federal working days after
receiving the violation notice

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OSHA Citations and Penalties

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OSHA Citations and Penalties

Imminent Danger
Reasonable certainty a hazard exists

Serious Violations
Death or serious physical harm likely
Fine: Min - $100, Max - $7000

Willful
 Intentional violation
Fine: Min - $5000, Max - $70,000

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Other Health Standards

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1910.1001 – Asbestos
1926.1101 - Asbestos
1910.1028 - Benzene
1910.1200 - Hazard Communication
1910.1450 - Occupational Exposure to Hazardous
Chemicals in the Laboratory

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Hazard Communication Standard

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Hazard Communication Standard
 Affects everyone using chemicals in the workplace.
 Chemical manufacturers have to determine the
physical and health hazards of each product they
make. Then they have to let users know about those
hazards by using container labels and Material Safety
Data Sheets.

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Hazard Communication Standard - Purpose

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 To ensure that the hazards of all chemicals produced
in or imported into the United States are evaluated
 To ensure that information concerning the hazards of
chemicals is transmitted to employers and employees
 To ensure that requirements for hazard communication
in occupational settings are consistent nationwide, by
preempting any legal requirements of a state, or a
political subdivision of a state, pertaining to this subject

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Chemicals that are Physical Hazards (Issues with
flammability, potential for explosions)

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 A combustible liquid – diesel fuel, kerosene
 A compressed gas – nitrogen, acetylene
 Explosive – picric acid, sodium azide
 Flammable - gasoline
 An organic peroxide - perchlorates
 An oxidizer – chlorine, bromine
 Pyrophoric – arsine, phosporus
 Unstable (Reactive) – sodium manganate
 Water-reactive – furfuryl alcohol

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Chemicals that are Health Hazards

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 May produce acute or chronic health effects
 Carcinogens - benzene
 Toxic or highly toxic agents - cyanide
 Reproductive toxins – ethylene oxide
 Irritants – sulfur dioxide
 Corrosives – sulfuric acid
 Sensitizers - isocyanates
 Hepatotoxins – carbon tetrachloride
 Nephrotoxins - cadmium
 Neurotoxins – most solvents

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Hazard Communication Standard - Responsibilites

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Chemical Manufacturers
 Evaluate hazards of chemicals
 Provide labels and MSDSs to employers to which they ship chemicals

Importers and Distributors
 Provide labels and MSDSs to employers to which they ship chemicals

Employers that “Use” Chemicals
 Inventory hazardous chemicals
 Prepare and implement written hazard communication program
 Ensure that all in-plant containers are properly labeled
 Ensure that MSDSs are obtained and maintained for all hazardous
chemicals
 Train employees

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Inventory of Hazardous Chemicals

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 Include all chemicals that are hazards and have the potential for employee exposure
 Consider chemicals in all physical forms
 Identify chemicals in containers, including pipes
 Consider chemicals generated in work operations;

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Written Hazard Communication Program

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Written Hazard Communication
Program
 Reflects what you are doing in your workplace – generic plans must be adapted to specific conditions at the facility

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Written Hazard Communication Program -  How your facility will meet the requirements for labels and other forms of warning

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How your facility will meet the requirements for labels and other forms of warning
 Labels and other forms of warning
 Material safety data sheets
 Employee information and training

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Labels and Other Forms of Warning

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Labels on products shipped by manufacturers,
importers, and distributors include
Identity of the material
Appropriate hazard warnings
Name and address of the manufacturer or other responsible party

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Labels and Warning

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 Labels on in-plant containers of hazardous
chemicals include
-Identity of the material (links the label, the MSDS, and the chemical inventory)
-Appropriate hazard warnings (e.g., ”flammable; “causes lung cancer”)
 Labels must be legible, in English, and prominently displayed

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Material Safety Data Sheet
1910.1200 Definition:

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1910.1200 Definition:
Material safety data sheet (MSDS) means written or printed
material concerning a hazardous chemical which is prepared in accordance with paragraph (g) of this section.

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Hazard Communication Standard Training
 This includes how to:

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 Recognize, understand and use labels and Material Safety Data Sheets; and
 Use safe procedures when working with hazardous substances.

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Hazard Communication Standard
 Employees have to do something to protect
themselves, too. They have to

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Employees have to do something to protect
themselves, too. They have to read labels and Material Safety Data Sheets, and naturally, follow these instructions and warnings.

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Risk Communication

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Risk Communication
 Information to present the risk
 Motivate its audience into action
--Floods and tornado watches/warnings
 Encourage the building of consensus
 Involves two-way communication
 Risk -Hazard + Outrage

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7 Cardinal Rules of Risk Communication

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1. Accept & involve public as a partner:
2. Plan carefully & evaluate your efforts:
3. Listen to public specific concerns:
4. Be honest, frank and open:
5. Work with other credible sources:
6. Meet needs of the media:
7. Speak clearly with compassion:

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Methods of Communication

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Methods of Communication
 News releases and fact sheets
 News conferences
 Site tours
 Community meetings to address questions and
concerns
 Telephone hot lines
 Newspaper articles and ads
 Fliers