Assignment #1 - OSHA Act PDF

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OSHA Act...

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Intro OSHA Asgmt 1

1. Why was the OSH Act needed? The OSH act was needed so that every man and woman worker had safe and healthful working conditions. They passed the Act in 1970 because of all the medical expenses and loss of production and resources. Workplace safety and health hazards were very poor to say the least.

2. What is the purpose of the OSH Act? I kind of mentioned it above but the purpose of the act was to make certain that every worker had a safe and healthy work place. Some of the things mentioned in the article are to encourage employers and employees to reduce workplace hazards, provide research in occupational safety, develop and enforce mandatory job safety and health standards, and to maintain a record of job related injuries and illnesses.

3. Who does the Act cover, who is not covered, and are there special coverage provisions? The ACT covers all employees and employers in all 50 states, DC, Puerto Rico, and any other Federal Government territories. The ACT does not cover selfemployed workers, farms where only immediate family members work, and working conditions regulated by other federal agencies under other federal statutes. Yes there are provisions for federal employees. The ACT requires agencies to comply with OSHA standards for their private sector employees.

4. When did OSHA become effective? The OSH Act was passed in 1970. Under the ACT, OSHA was created.

5. What does the acronym OSHA stand for? Occupational Safety and Health Administration

Intro OSHA Asgmt 1

6. What responsibilities does NIOSH have? Their job is to provide on safety and health issues and provide assistance and recommend standards for OSHA to use. They will conduct research in the work place and interview employees to determine risks and how to solve these risks.

7. How are standards adopted? Once OSHA has a plan they want to adopt they will propose this plan and publish it in the Federal Register. The public is then given 30-60 days to submit an argument and public hearing on the proposal may happen. Once the period is over and everything is finalized OSHA must then submit a complete text with an explanation and why the rule is being implemented.

8. Explain emergency temporary standards and how you would appeal a standard. Emergency temporary standards are used when workers are in serious danger due to exposure to toxic substances or other harmful new hazards that need an emergency standard put in place to protect them. You would appeal a standard by filing a written petition within 60 days for review by the U.S. Court of Appeals. The petition will not delay a standard unless the Court orders it.

9. Explain a variance, temporary variance, permanent variance, interim order, public petitions. A variance is something employers will ask for if they can’t full comply with the standard by the required date. Shortage on materials, equipment or personnel are reasons why they may not be able to comply or if they believe their safety methods already in place are just as effective. A temporary variance can be granted for employers who need more time but have all the steps in place to make it happen. They will be granted for one year or for however long it will take to be put in place, whichever is shorter. It can be renewed twice for six months at a time. A permanent variance can be granted if employers can prove that their workplace and methods already in place are just as safe and effective as the standard.

Intro OSHA Asgmt 1

An interim order allows employers to operate under their existing methods until a variance decision is made. Public petition is for employers and employees to petition OSHA for modification or revocation of standards.

10. What are workplace inspections and how do they work? Workplace inspections are exactly as they sound. OSHA is allowed to inspect every establishment that is covered under the ACT. Once proper credentials are shown to the owner a compliance officer is allowed to enter without delay during work hours or other reasonable hours of operation. They are allowed to inspect all equipment, conditions, materials, etc and also question employees privately.

11. Explain inspection priorities and include a discussion on imminent danger. Due to the millions of work places covered under the ACT there are priorities for inspections because not all places can be inspected at once. An imminent danger is when there is a reasonable certainty that a problem exists that could result in death or serious harm. An imminent danger could be a toxic gas that is going to cause immediate harm if exposed to....