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43 Cards in this Set
- Front
- Back
OCCUPATIONAL SAFETY AND HEALTH ACT
PL 91-596 December 29, 1970 THE ACT'S COVERAGE |
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) |
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 |
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: |
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: |
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) |
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) |
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) |
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: |
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: |
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 |
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 |