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GROUP MEMBERS:
OSHA
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
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CONTENTS BACKGROUND
• Background
1960s Workplace Safety Crisis
• Introduction
High Injury and Fatality Rates:
• How OSHA secure employees?
• 40-45 worker deaths per day and 6,500 disabling injuries daily in the 1960s.
• OSHA Inspections • Ralph Nader and Jerome Gordon publicized these statistics in 1968 (June 15 issue of The New
• OSHA Fines and Penalties Republic, Vol. 158, No. 25, pp. 23–25) in an attempt to encourage Congress to pass national
safety legislation. Described as “grisly evidence” to push for workplace safety legislation.
• Recordkeeping Requirements
Economic Costs of Accidents:
• Typical Safety Standards
• Estimated costs were $29.5 billion annually in 1972, with current estimates exceeding $50
• OSHA Compliance billion.
• Conclusion
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BACKGROUND INTRODUCTION
Construction Industry Hazards
• Disproportionate Impact: • The Occupational Safety and Health Administration (OSHA) is a U.S. federal agency
• Construction workers make up less than 6% of the workforce but account for: established in 1971 to ensure safe and healthful working conditions for employees. Covers
• 20% of workplace fatalities. most of the private and govt sector organizations and their employees.
• 11% of disabling injuries.
• Mission: To assure safe and healthful working conditions for working men and women by
• Fatality Causes:
setting and enforcing standards and by providing training, outreach, education and
• Primary causes include:
• Falls from elevations. assistance.
• Equipment-related injuries (struck by or caught in machinery).
• Electrical shocks (mostly powerline contacts).
• Ironworkers and roofers are at higher risk of falls.
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HOW OSHA SECURE EMPLOYEES? OSHA INSPECTIONS
Purpose and Criteria for Inspections
• Inform workers about chemical hazards through training, labels, alarms, color-coded
systems, chemical information sheets and other methods. Unannounced Inspections:
• Provide safety training to workers in a language and vocabulary they can understand. OSHA inspections are usually unannounced to ensure compliance with safety regulations.
• Keep accurate records of work-related injuries and illnesses. Five Criteria for Inspections:
• Random or Scheduled Inspections.
• Perform tests in the workplace, such as air sampling, required by some OSHA standards.
• Major Accident Reports: Inspections following fatalities or incidents involving multiple employees.
• Provide required personal protective equipment at no cost to workers.
• Employee Complaints: Complaints must be written, signed, and specify the issue; anonymity of the
• Provide hearing exams or other medical tests when required by OSHA standards. employee is protected.
• Not retaliate or discriminate against workers for using their rights under the law, including • Referrals: Tips from police, building inspectors, or media.
their right to report a work-related injury or illness. • Follow-Up Inspections: To check on corrections after violations.
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OSHA INSPECTIONS OSHA INSPECTIONS
Employer Responsibilities:
Compliance Officer Procedures:
• Must identify themselves, show credentials, and explain the purpose and scope of the • Provide a safe workplace free from recognized hazards.
inspection.
• Comply with OSHA standards and maintain required postings and records.
• Reviews required OSHA postings, such as injury summaries and workers' rights
notices. Employee Responsibilities:
• Inspects the site, interviews workers, and documents findings (notes and
• Follow safety rules and regulations.
photographs).
• Employers are allowed to accompany the officer during the inspection. • Employers can suspend or dismiss noncompliant employees but cannot fine them.
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OSHA INSPECTIONS OSHA INSPECTIONS
Legal Challenges to Inspections Post-Inspection Process
• Court Case Impact: • Closing Conference:
• In Marshall v. Barlow’s Inc., the court ruled that OSHA officers need a warrant to enter • Compliance officer discusses findings with the employer.
a workplace if denied access. • Citations and Penalties:
• Denial of access requires compliance officers to obtain a warrant by showing • Citations for violations are issued, but fines and penalties are determined by the
probable cause. OSHA area director.
• Denied access may result in a more thorough inspection after a warrant is obtained. • Notices of imminent danger are posted for life-threatening hazards.
• Employers are given a reasonable time for abatement of cited issues.
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OSHA FINES AND PENALTIES OSHA FINES AND PENALTIES
Fines Overview Post-Inspection Process
• Historical Changes in Fines: • Notification of Violations:
• Average fines increased from less than $100 to over $1,000 per violation. • Employers receive certified mail listing violations and penalties.
• Fines for severe violations can be up to $7,000 per day if not corrected. • Penalties for serious violations are mandatory.
• Willful or repeat violations can lead to fines up to $70,000 per offense. • Contest Procedures:
• Imminent Danger Situations: • Employers have 15 federal working days to contest violations, penalties, or
abatement periods.
• Immediate risk of death or serious harm (e.g., unprotected trenches, fall hazards, or
exposure to power lines). • Contesting abatement periods delays required corrections until a decision is
• Requires immediate correction or employee removal.
reached.
• OSHA may seek a temporary restraining order if the employer fails to act.
• Unchallenged violations become final after 15 days.
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OSHA FINES AND PENALTIES OSHA FINES AND PENALTIES
Penalty Reductions
Severe Penalties and Exceptions
• Criteria for Fine Reductions:
• Good Faith Demonstration: Reduction for cooperative actions. • Repeat and Willful Violations:
• Safety Program Reductions: • Maximum fines of up to $70,000.
• 25% for having a written safety and health program. • Severe penalties for providing tips about upcoming inspections: $1,000 fine or one
• 15% for evidence of program implementation. year in jail.
• 0% if major discrepancies exist in the program.
• Compliance History: 10% reduction for past compliance. • High-Value Penalties:
• Employer Size: • OSHA has issued fines exceeding $1 million in cases of significant noncompliance.
• 60% reduction for businesses with 25 or fewer employees.
• 40% reduction for 26–100 employees.
• 20% reduction for 101–250 employees.
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RECORDKEEPING REQUIREMENTS RECORDKEEPING REQUIREMENTS
General Recordkeeping Requirements Records Types
OSHA requires 3 forms:
• The Occupational Safety and Health Administration (OSHA) requires construction
1) OSHA 300
business to maintain records of workplace safety.
2) OSHA 300-A
Record keeping 3) OSHA 301
• Most employers with at least 10 employees must maintain an up-to-date record of 1- OSHA Form 300
job-related injuries. • The log of work related injuries and illnesses (Form 300) is used to classify work-related
injuries and illnesses and to note the extent and severity of each case.
• Records must be maintained for a minimum of five years.
• When an incident occurs, use the log to record specific details about what and how it
happened.
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RECORDKEEPING REQUIREMENTS RECORDKEEPING REQUIREMENTS
Penalties for Noncompliance
2- OSHA Form 300-A
Fines for Falsification
• Is an annual summary of all OSHA recordable incidents. It is a required form under the
Occupational Safety and Health Administration (OSHA) regulations, specifically for • Falsifying reports can lead to fines exceeding $5 million and potential imprisonment.
employers who must keep records of work-related injuries and illnesses Penalties for Violations
3- OSHA Form 301 • Up to $7,000 per incident for recordkeeping or posting violations.
• OSHA 301 form is called injury and illness incident report which contains detailed • If a serious accident, fatalities or multiple injuries (5 or more workers) must be reported to
information about the employee, the workplace incident, and the injury or illness. OSHA within eight hours of the incident.
• Example: Name, address, date of birth, and hire date, the date and time of the incident etc.
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TYPICAL SAFETY STANDARDS TYPICAL SAFETY STANDARDS
Commonly Violated Standards in Construction
OSHA Construction Standards The following construction safety standards might apply on a typical construction project. They are among
the standards most often violated.
Regulatory Framework
• Fall Protection: Guardrails, handrails, covers (1926.501).
• Construction standards are codified in 29 Code of Federal Regulations (CFR) Part 1926.
• Scaffolding: Safety and proper use (1926.451).
• The general industry standards, which also can be applied to construction, are codified in
• Ladders: Safe installation and usage (1926.1050).
29 CFR Part 1910.
• Welding & Cutting: Gas welding safety (1926.350).
• An example of a general industry standard is the one related to respirators. Workers
subjected to toxic environments must have appropriate protection. Compliance with the • Electrical Safety:
respirator standard is required in all places of work. This has special implications for • Grounding and bonding (1926.401).
construction workers who work with or around chemicals and volatile substances. • Electrical equipment—installation and maintenance (1926.402).
• General electrical standards (1926.400).
• Cranes & Derricks: Safe operations (1926.550).
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TYPICAL SAFETY STANDARDS OSHA COMPLIANCE
Commonly Violated Standards in Construction Challenges in OSHA's Early Image
• Housekeeping: Jobsite cleanliness (1926.250). Initial Complaints
• Flammable Liquids: Handling and storage (1926.152).
• Inspectors perceived as "nitpicky.“
• Fire Protection: Prevention and response (1926.150).
• Trenching: Stability and shoring (1926.652). • Lack of uniformity among compliance officers.
• Motor Vehicles: Safety measures (1926.601).
• Varied attitudes: some overly authoritarian, others lenient.
• Head Protection: Helmet requirements (1926.100).
Current Perception
• Material Handling: Hoists, elevators (1926.552).
• Medical Services and First Aid: Readily available services (1926.500). • Employers now less critical of OSHA and its compliance officers.
• Drinking Water: Adequate supply (1926.510). • Greater understanding and acceptance of OSHA’s role in maintaining workplace safety.
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OSHA COMPLIANCE OSHA ILLNESS AND INJURY FORM NO. 300
Improvements Over Time
Elimination of Nitpicky Rules
• Simplification and refinement of OSHA regulations within the first decade.
Increased Awareness
• Escalating workers’ compensation insurance costs raised the importance of
safety compliance.
• Rise in liability lawsuits from injured construction workers emphasized the need for
safe practices.
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OSHA ILLNESS AND INJURY FORM NO. 300-A OSHA ILLNESS AND INJURY FORM NO. 301
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TYPICAL SAFETY STANDARD CONCLUSION
By Standard Number > 1926.501 - Duty to have fall protection.
• Part Number: 1926 • OSHA plays a crucial role in ensuring workplace safety, particularly in high-risk
• Part Number Title: Safety and Health Regulations for Construction industries like construction. Through inspections and penalties, it enforces
• Subpart:1926 Subpart M
compliance with safety standards. While initial concerns about cost and efficiency
• Subpart Title: Fall Protection
were raised, OSHA regulations have contributed to fewer workplace injuries. Over
• Standard Number: 1926.501
• Title: Duty to have fall protection
time, the agency's image has improved, with greater acceptance due to
The employer shall determine if the walking/working surfaces on which its employees are to work heightened awareness of safety and rising legal and insurance costs.
have the strength and structural integrity to support employees safely. Employees shall be allowed
to work on those surfaces only when the surfaces have the requisite strength and structural
integrity.
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