Vendor Newsmaker Q&A David Michaels

Q: Who is covered by the Occupational Safety and Health Act?

A: The OSH Act covers most private sector employers and their workers, in addition to some public sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority. OSHA covers most private sector employers and their workers in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA-approved state program. State-run health and safety programs must be at least as effective as the Federal OSHA program. Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, Federal Aviation Administration, or Coast Guard).

Q: What is an OSHA standard?

A: OSHA standards are rules that describe the methods that employers must use to protect their employees from hazards. Examples of OSHA standards include requirements for employers to:

·      Provide fall protection;

·      Prevent trenching cave-ins;

·      Prevent exposure to some infectious diseases;

·      Ensure the safety of workers who enter confined spaces;

·      Prevent exposure to harmful chemicals;

·      Put guards on dangerous machines;

·      Provide respirators or other safety equipment; and

·      Provide training for certain dangerous jobs in a language and vocabulary workers can understand.

Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards. This clause is generally cited when no OSHA standard applies to the hazard.

Q: Where can I find additional information about OSHA’s regulations or report a problem?

A: At www.osha.gov or by calling 800-321-OSHA (6742).

Q: How many inspectors do you have?

A: Federal OSHA is a small agency; with our state partners we have approximately 2,200 inspectors responsible for the health and safety of 130 million workers, employed at more than 8 million worksites around the nation – which translates to about one compliance officer for every 59,000 workers.

Q: What are the penalties for violating an OSHA standard?

A: The maximum penalty OSHA can assess, regardless of the circumstances, is $7,000 for each serious violation and $70,000 for a repeated or willful violation.

Q: Do you monitor Internet postings, social media or other media sites for inaccurate occupational safety and health information?

A: No. OSHA is not responsible for monitoring unofficial occupational safety and health postings to social media or other media or Internet-based sites. If you have a question about occupational safety and health, please contact us.

Q: What are employers’ responsibilities under the Occupational Safety and Health Act (OSH)?

A: Employers have the responsibility to provide a safe workplace. Employers must provide their workers with a workplace that does not have serious hazards and must follow all OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires that employers must first try to eliminate or reduce hazards by making feasible changes in working conditions rather than relying on personal protective equipment such as masks, gloves, or earplugs. Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to eliminate or reduce risks.

Q: What are employers’ responsibilities to temporary workers?

A: Host employers need to treat temporary employees as they treat existing employees. Employers must assure that all workers – whether temporary or existing – are provided with a safe workplace and all required training and protections. Temporary staffing agencies and host employers share control over the employee, and are therefore jointly responsible for temp employee’s safety and health.

Q: Do I need to put an OSHA poster in my workplace?

A: Employers are required to display the OSHA poster prepared by the Department of Labor (or a similar state plan OSH poster, if in a state plan state`) that informs employees of protections afforded under the Occupational Safety and Health Act. The OSHA poster must be displayed in a conspicuous place where employees can view it. Private employers may use the poster available from OSHA’s website, or a suitable reproduction or facsimile.

OSHA’s publications and posters are available free to anyone by visiting the publications page on the agency's website. The posters, fact sheets, etc., can be ordered through the publications office or, in most cases, downloaded directly from the website. It’s important that employers do not become victims of misleading solicitation practices or incur unnecessary costs where these resources are concerned.

We continue to learn of complaints from employers who have received “official looking” announcements and – in some cases – threatening notices, messages, or telephone calls from various companies requiring that employers purchase OSHA documents from them in order to remain in compliance with OSHA rules and regulations. The most popular document being offered for sale is the OSHA Workplace Poster (also available in Spanish). We have also learned of a few cases in which individuals, falsely identifying themselves as Department of Labor or OSHA employees, contact employers threatening fines if they do not purchase specific materials.

You can contact any OSHA area office throughout the nation to report a misleading solicitation, or to get information on specific workplace safety and health requirements. The office addresses and phone numbers are available on the agency’s website.

Q: Where can I find OSHA compliance assistance products and resources for small businesses?

A: OSHA has compliance assistance specialists throughout the nation located in most OSHA offices. Compliance assistance specialists can provide information to employers and workers about OSHA standards, short educational programs on specific hazards or OSHA rights and responsibilities, and information on additional compliance assistance resources.

OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. Each year, responding to requests from small employers looking to create or improve their safety and health management programs, OSHA’s On-site Consultation Program conducts over 29,000 visits to small business worksites covering over 1.5 million workers across the nation.

On-site consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management programs.

Q: What are some of the injury and illness recordkeeping standards?

A: Covered employers must record all work-related fatalities. Covered employers must record all work-related injuries and illnesses that result in days away from work, restricted work or transfer to another job, loss of consciousness or medical treatment beyond first aid.

In addition, employers must record significant work-related injuries or illnesses diagnoses by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation.

Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease (i.e. contact dermatitis), respiratory disorder (i.e. occupational asthma, pneumoconiosis), or poisoning (i.e. lead poisoning, solvent intoxication).

OSHA’s definition of work-related injuries, illnesses and fatalities are those in which an event or exposure in the work environment either caused or contributed to the condition. In addition, if an event or exposure in the work environment significantly aggravated a pre-existing injury or illness, this is also considered work-related.

All employers covered by the OSH Act must orally report to OSHA the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident within eight hours. Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record work-related injuries and illnesses.

Q: When a worker goes to the hospital because of a work-related cut, and the doctor applies an adhesive glue, is this considered an OSHA recordable?

A: Yes, surgical glues are considered medical treatment for OSHA injury and illness recordkeeping purposes.

Q: An employee arrives for work. As she is walking across the parking lot prior to the start of her shift, she is stung by a bee and has an allergic reaction. She is taken to the doctor where she is given a prescription medication. Is this case recordable?

A: Yes, this is a recordable case. The parking lot is considered part of the establishment and thus the work environment. Punching in/out on a time clock does not determine work relatedness. The bee sting is considered a work related injury and the employee was administered a prescription, which is medical treatment.

Q: What are the requirements for eyewash stations?

A: OSHA requires employers to ensure the safety of all employees in the work environment. Eye and face protection must be provided whenever necessary to protect against chemical, environmental and radiological hazards or mechanical irritants.

The OSHA requirements for emergency eyewashes and showers specify that “where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.” As the standard states, an eyewash and/or safety shower would be required where an employee’s eyes or body could be exposed to injurious corrosive materials. If none of the materials used in this work area is an injurious corrosive (as indicated by the Safety Data Sheet (SDS) for each product), then an emergency eyewash or shower would not be required.

The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

Q: What are the fall protection requirements?

A: OSHA requires employers to protect workers from falls. Falls can cause death and very serious injuries – and can be prevented. OSHA’s fall protection requirements are as follows: for general industry, fall protection must be used while working at heights of four or more feet.

Fall protection can be accomplished through the use of guardrail systems, safety net systems, personal fall arrest systems, or similar systems.

Certain worksite activities and/or locations may allow other methods (including, but not limited to positioning device systems, warning line systems, and controlled access zones) to be used.

Q: Does an employer have to provide personal protective equipment (PPE)? And who pays for it?

A: Hazards exist in every workplace in many different forms: sharp edges, falling objects, flying sparks, chemicals, noise and a myriad of other potentially dangerous situations. OSHA requires that employers protect their employees from workplace hazards that can cause injury or illness.

This regulation stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard. Safety-toe protective footwear and prescription safety glasses were excepted from the employer payment requirement, in large part because these items were considered to be very personal in nature and were often worn off the jobsite.

Q: What are the requirements for fit-testing for respirators?

A: A fit test is a method used to select the right size respirator for the user. Fit-testing of all negative or positive pressure tight-fitting facepiece respirators is required prior to initial use, whenever a different respirator facepiece is used, and at least annually thereafter. An additional fit test is required whenever there are changes in the user’s physical condition that could affect respirator fit (e.g., facial scarring, dental changes, cosmetic surgery, or an obvious change in body weight). The employee must be fit tested with the same make, model, style, and size of respirator that will be used.

Q: What is the Globally Harmonized System?

A: The Globally Harmonized System (GHS) is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, and a standardized approach to label elements and safety data sheets. The GHS was negotiated in a multi-year process by hazard communication experts from many different countries, international organizations, and stakeholder groups. It is based on major existing systems around the world, including OSHA’s Hazard Communication Standard and the chemical classification and labeling systems of other U.S. agencies.

The result of this negotiation process is the United Nations’ document entitled, “Globally Harmonized System of Classification and Labeling of Chemicals,” commonly referred to as The Purple Book. This document provides harmonized classification criteria for health, physical and environmental hazards of chemicals. It also includes standardized label elements that are assigned to these hazard classes and categories and provide the appropriate signal words, pictograms, and hazard and precautionary statements to convey the hazards to users. A standardized order of information for safety data sheets is also provided. These recommendations can be used by regulatory authorities such as OSHA to establish mandatory requirements for hazard communication, but do not constitute a model regulation.

The GHS provides such a standardized approach, including detailed criteria for determining what hazardous effects a chemical poses, as well as standardized label elements assigned by hazard class and category. This will enhance both employer and worker comprehension of the hazards, which will help to ensure appropriate handling and safe use of workplace chemicals. In addition, the safety data sheet requirements establish an order of information that is standardized. The harmonized format of the safety data sheets will enable employers, workers, health professionals and emergency responders to access the information more efficiently and effectively, thus increasing their utility.

Adoption of the GHS in the United States and around the world will also help to improve information received from other countries—since the United States is both a major importer and exporter of chemicals, American workers often see labels and safety data sheets from other countries. The diverse and sometimes conflicting national and international requirements can create confusion among those who seek to use hazard information effectively. For example, labels and safety data sheets may include symbols and hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important statements are not easily recognized. Given the differences in hazard classification criteria, labels may also be incorrect when used in other countries. If countries around the world adopt the GHS, these problems will be minimized, and chemicals crossing borders will have consistent information, thus improving communication globally.

Q: What requirements does OSHA have regarding NRTLs?

A: OSHA Safety Standards, which are U.S. law, contain requirements for “approval” (i.e., testing and certification) of certain products by a Nationally Recognized Testing Laboratory (NRTL). The requirements help protect workers by ensuring products are designed for safe use in the workplace. An NRTL generally certifies products for a manufacturer.

OSHA Safety Standards contain general requirements for workplace safety. Many of these requirements pertain to equipment for which OSHA does not require an NRTL certification. The only products covered under the NRTL Program are those for which OSHA regulations require certification by an NRTL. Whether or not OSHA requires NRTL certification, an employer subject to OSHA’s requirements must assure it complies with the provisions of the Safety Standards applicable to its operations.

Q: What are worker rights under the Occupational Safety and Health Act?

A: Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:

·      Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language that workers can understand;

·      Receive copies of the results from tests and monitoring done to find and measure hazards in their workplace;

·      Review copies of records of work-related injuries and illnesses that occur in their workplace;

·      Receive copies of their workplace medical records;

·      File a confidential complaint with OSHA to have their workplace inspected;

·      Participate in an OSHA inspection and speak in private with the inspector;

·      File a complaint with OSHA if they have been retaliated or discriminated against by their employer as the result of requesting an inspection or using any of their other rights under the OSH Act; and

·      File a complaint if punished or discriminated against for acting as a “whistleblower” under the 21 additional federal laws for which OSHA has jurisdiction.

Q: What materials does OSHA have of interest to workers?

A: OSHA provides a variety of educational materials and resources, including publications on worker rights, employer responsibilities, All About OSHA, job hazards, and means of prevention.

Q: What can I do if I think my workplace is unsafe?

A: Often the best and fastest way to get a hazard corrected is to notify a supervisor or employer.

Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. A worker can tell OSHA not to let an employer know who filed the complaint. It is against the OSH Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights. Written, signed complaints submitted to OSHA area offices are more likely to result in an on-site OSHA inspection. Most online or unsigned complaints are resolved informally over the phone with the employer. Complaints from workers in states with an OSHA-approved state plan will be forwarded to the appropriate state plan for response.

Workers have the right to participate in an OSHA inspection and speak in private with the inspector.

Where there is no union or employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the course of the investigation.

An inspector who finds violations of OSHA standards or serious hazards may issue citations and fines. A citation includes the methods an employer must use to fix a problem and the date by when the corrective actions must be completed. Workers only have the right to challenge the deadline for when a problem must be resolved. Employers, on the other hand, have the right to contest whether there is a violation or any other part of the citation. Workers or their representatives must notify OSHA that they want to be involved in the appeals process if the employer challenges a citation.

If you send in a complaint requesting an OSHA inspection, you have the right to find out the results of the OSHA inspection and request a review if OSHA decides not to issue citations.

Q: Can I be punished or discriminated against for exercising my rights under the OSH Act?

A: To help ensure that workers are free to participate in safety and health activities, the OSH Act prohibits any person from discharging or in any manner retaliating or discriminating against any worker for exercising rights under the Act. These rights include raising safety and health concerns with an employer, reporting a work-related injury or illness, filing a complaint with OSHA, seeking an OSHA inspection, participating in an OSHA inspection and participating or testifying in any proceeding related to an OSHA inspection.

Protection from discrimination means that an employer cannot retaliate by taking “adverse action” against workers, such as:

·      Firing or laying off;

·      Blacklisting;

·      Demoting;

·      Denying overtime or promotion;

·      Disciplining;

·      Denying of benefits;

·      Failing to hire or rehire;

·      Intimidation;

·      Making threats;

·      Reassignment affecting prospects for promotion; or

·      Reducing pay or hours

Q: What should an employee do if it is too loud at work and nothing has been done to lessen the noise?

A: Exposure to high levels of noise can cause permanent hearing loss. Noise levels and worker exposures vary depending on the work environment and duration of operation. Generally, if you cannot conduct a normal conversation two to three feet away – if you have to shout to be heard from another person – then the noise levels may be greater than OSHA’s action level standard of 85 decibels (dBA), and hearing protection is required. If information indicates that noise levels may be above OSHA’s standards, employers are required to evaluate their workplace using instruments specifically designed to measure noise levels and noise exposures. Employers must provide workers exposed to excessive noise appropriate hearing protection (such as ear plugs, muffs, or both), and provide them a choice of suitable hearing protection when engineering or administrative controls are not feasible to reduce exposure. Small employers can contact OSHA's free consultation program for assistance on measuring noise levels and implementing controls. In addition, if levels are above OSHA requirements, the employer must provide hearing exams.

Q: Do you have requirements for temperature in the workplace? Is an employer required to provide heat/air conditioning?

Regarding temperature in the workplace, OSHA does not require employers to provide heat or air conditioning. However, OSHA does recommend temperature control in the range of 68-76 degrees F. The qualities of good indoor air quality (IAQ) should include comfortable temperature and humidity, adequate supply of fresh outdoor air and control of pollutants from inside and outside of the building.

OSHA has no regulations specifically addressing temperature and humidity in an office setting.

Employers are responsible for protecting workers from extreme heat. Heat illness can be deadly. Every year, thousands of workers become sick from exposure to heat, and some even die. Heat illnesses and deaths are preventable.

Remember three simple words: water, rest, shade. Drinking water often, taking breaks, and limiting time in the heat. Employers should establish a complete heat illness prevention program to prevent heat illness. Elements of the program include: provide workers with water, rest and shade; gradually increase workloads and allow more frequent breaks for new workers or workers who have been away for a week or more to build a tolerance for working in the heat (acclimatization); modify work schedules as necessary; plan for emergencies and train workers about the symptoms of heat-related illnesses and their prevention; and monitor workers for signs of illness. Workers new to the heat or those who have been away from work and are returning can be most vulnerable to heat stress and they must be acclimatized.

Prolonged exposure to freezing or cold temperatures may cause serious health problems such as trench foot, frostbite and hypothermia.

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