Unit 7 OSHA LAW 1 Notes

Unit 7 OSHA LAW 1 Notes - SAFE 302 Law and Ethics in Safety...

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SAFE 302 Law and Ethics in Safety The OSHAct—part 1 OSHA ? 0. Occupational Safety and Health Act 0. Occupational Safety and Health Administration 0. Became law in 1970 1. Covers all Americans in the workplace 1. NIOSH - National Institute for Occupational Safety and Health 2. OSHRC - Occupational Safety and Health Review Commission Coverage and Jurisdiction 1. Every American Workplace with one or more employees that engage in a business that affects interstate commerce in any way. 2. Covers every state, Washington DC, Puerto Rico, Guam, Virgin Islands, American Samoa, the Trust Islands of the Pacific. 3. Does not cover state or federal workers. 4. Or Homeowners who hire help for domestic tasks. State Safety Plans 5. Each State has the right to adopt safety and health regulations and these plans must be at least as effective as OSHA regulations. 6. An OSHA office will approve and monitor that state and its plan. 7. OSHA has the right to “pull the ticket” on any state who fails to achieve identified prerequisites. General Duty Clause 0. Section 5(a)(1) 8. Requires that each employer maintain a place of employment free from recognized hazards that are
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causing, or are likely to cause, death or serious physical harm , even if there is no OSHA standard that addresses this problem. OSHA Enforcement 1. OSHA Act gives Department of Labor the power to issue citations and levy fines. 2. In egregious cases it has the ability to pursue criminal sanctions. Historical Perspectives 3. In pressing for prompt passage of workplace safety and health legislation, New Jersey Senator Harrison A. Williams Jr. said, 9."The knowledge that the industrial accident situation is deteriorating, rather than improving, underscores the need for action now." 4. He called attention to the need to protect workers against such hazards as noise, cotton dust, and asbestos* Historical Perspectives 5. In the House, Representative William A. Steiger worked for passage of a bill: 10. "In the last 25 years, more than 400,000 Americans were killed by work-related accidents and disease. This has resulted in incalculable pain and suffering for workers and their families. Such injuries have cost billions of dollars in lost wages and production." OSH Act of 1970 becomes Law 6. On December 29, 1970, President Richard M. Nixon signed The Occupational Safety and Health Act of 1970 , also known as the Williams-
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Steiger Act in honor of the two men who pressed so hard for its passage Laws (Statutes/Acts) versus Regulations (Rules/Standards) 7. Who develops laws (OSHAct)? 8. Who develops regulations (29 CFR 1910.134)? 9. Federal and state laws and regulations… The OSHAct was unique Empowered an administrative agency to: 3. issue detailed safety and health regulations (standards) that have the effect of law and 4. to enforce these regulations… Both legislative and executive branch powers in a single administrative agency. Balance:
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Unit 7 OSHA LAW 1 Notes - SAFE 302 Law and Ethics in Safety...

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