chapter project Occupational Safety and Health

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Employment Law: New Challenges in the Business Environment, 6e Moran

Chapter 20

Occupational Safety and Health

Employment Law:

New Challenges in the Business Environment

Employment Law: New Challenges in the Business Environment, 6e Moran

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Recognize the significance of the Occupational Safety and Health Act.

Understand the purpose of the Occupational Safety and Health Administration.

Appreciate the function of the Occupational Safety and Health Review Commission.

Know that the National Institute of Occupational Safety and Health recommends health and safety measures.

Learn that the U.S. Secretary of Labor establishes safety and health standards.

Chapter Checklist

Employment Law: New Challenges in the Business Environment, 6e Moran

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Be cognizant of when emergency standards can be implemented.

Define permanent disability.

Acknowledge the extent of work-related injuries that occur each year.

Discover the major causes of work-related injuries.

Realize the meaning of the greater hazard defense.

Chapter Checklist (Cont.)

Employment Law: New Challenges in the Business Environment, 6e Moran

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The Occupational Safety and Health Act of 1970

Legislation passed in 1970 to provide a standard for employers to ensure the health and safety of American workers

Workplace free of occupational hazards

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The Occupational Safety and Health Act of 1970 (Cont.)

This Legislation created 3 Administrative agencies to provide oversight and enforce the standards set forth in the Act

NIOSH (National Institute of Occupational Safety and Health - research

OSHA (Occupational Safety and Health Administration) – sets standards and conducts inspections

OSHRC (Occupational Safety and Health Review Commission – conducts hearings

Employment Law: New Challenges in the Business Environment, 6e Moran

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Secretary of Labor

Member of the Cabinet

Oversees the Department of Labor

Ultimately, the person responsible for carrying out the goals set forth in the OSHAct of 1970---to ensure safe work environments

Responsible for issuing temporary variances to businesses that do not have the technical know-how or capital to fix an occupational hazard in the prescribed time

Responsible for all of the other agencies within the Department of Labor

Employment Law: New Challenges in the Business Environment, 6e Moran

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Under Budgeted OSHA

2000+ OSHA Inspectors

Millions of Work Sites

Would take nearly 100 Years to inspect each site only once with this amount of inspectors

An average of 15 employees dies each day in America

Resolution!

Higher OSHA budget to hire more inspectors

Issue more fines at higher rates to keep employers honest

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Permanent Standards

OSHA passed set of original standards that are still upheld today

The process of instituting new standard:

When OSHA wishes to incorporate a new standard it must publish in the Federal Register

The public has 30 days to request a hearing for the reasoning behind the change

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Permanent Standards (Cont.)

Following the hearing, OSHA has 60 days to publish any changes to the standard, as well as, the date for the standard to be implemented

The Secretary of Labor may delay the commencement of a new standard

An employer may appeal to the Circuit Court within 60 days

In an appeal process, the Secretary of Labor must present evidence that the new standard does in fact mitigate the danger of current occupational hazard

Employment Law: New Challenges in the Business Environment, 6e Moran

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Permanent Standards (Cont.)

The Circuit Court will either rule in favor of or against the new standard

If there is no appeal, the new standard will go into effect at the prescribed time as determined by the Secretary of Labor, and employers must be in accordance with the new standard by the prescribed time

An employer can request a variance, which can only be granted by the Secretary of Labor

Employment Law: New Challenges in the Business Environment, 6e Moran

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Inspections

OSHA may inspect any business premises and records may be made during normal hours of operation, or at any other time that the agency feels appropriate

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Inspections (Cont.)

Employers must have records of employee injury and illnesses

Must also document any hazardous materials employees are forced to handle in their work environment

Employees must have free and open access to the documents relating to their exposure to the hazardous chemicals

Should the exposure exceed the standards set forth by OSHA, the employer must take immediate corrective action

If an employee desires to inform the Secretary of Labor of a violation, they may write the Secretary a description of the alleged violation

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Citations and Penalties

If an employer has been found in violation, the director of OSHA will hand out a citation to which the employer has 15 days to contest

If the employer does not remedy the issue, they are assessed a penalty

Penalties range from $5000 to $70000

Individual states are permitted to develop standards that address issues that are not addressed by the DOL

Appeals of citations go to the OSHRC (3 commissioners)

The commission can render its own decision or defer to an administrative law judge

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Emergency Standards

Standards imposed when an immediate health and safety concern exists for employees

Effective for only 6 months

The Secretary must explain what the emergency is an follow regular procedures to have the standard become permanent

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Partial and Permanent Disability

Work related injuries are a tremendous issue annually in the United States

Partial Disability- Must take time off for the injury, but is able to return to work eventually

Permanent Disability- Can never return to work

Annual Figures

10,000 people die on the job each year from a variety of work related accidents

2 million workers are currently partially disabled

6 million suffer injuries that they do not report or miss work to remedy

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Ancillary Expenses

When an employee is injured, there are various costs that an employer must take on:

Loss of working time for other employees to care for the injured

Loss of work time for the injured employee (particularly if they are disabled)

The disabled are still entitled to wages they would have earned

Loss of productivity for any time taken off

Replacement costs (broken machinery, new employee, etc)

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Employer Defenses

Employers will most always be held responsible if:

The hazard was recognizable or foreseeable

It was a known hazard

The employer intentionally placed workers within an environment that is likely to cause harm or death to the employee

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Employer Defenses (Cont.)

Though there are few, employers DO have some recourse

Variances- temporary amnesty from OSHA standards that can only be granted by the Secretary of Labor

The Greater Hazard Defense- where the imposition of a safety standard causes greater harm than what it seeks to remedy

When compliance requires a certain device that is either not yet available on the market or cannot feasibly be implemented within the prescribed time

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Employer Defenses (Cont.)

Ignorance is NOT a defense for employers. Employers are expected to be up to date and informed on all OSHA standards

Employment Law: New Challenges in the Business Environment, 6e Moran

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Record Keeping

Record or deaths, injuries and illnesses must be kept by employers with 11 or more employees.

Records of fatalities and hospitalizations must be kept by employers with 3 or more employees.

Employment Law: New Challenges in the Business Environment, 6e Moran

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Human Resource Advice

Understand that NIOSH makes recommendations regarding health and safety measures.

Know that the Secretary of Labor takes into account those recommendations in promulgating safety standards.

Appreciate that OSHA inspects the plants and offices of employers to ensure compliance.

Be aware that OSHRC holds hearings and imposes fines and penalties on derelict employers.

Employment Law: New Challenges in the Business Environment, 6e Moran

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Human Resource Advice (Cont.)

Maintain a clean, safe and healthy work environment.

Look for possible OSHA violations and correct them immediately.

Differentiate between the various gradations of disabilities.

Be apprised of the annual figure regarding work-related injuries.

Be cognizant that on occasion a repair may lead to greater hazard.

Educate your employees regarding executing their work in a safe and responsible manner.

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Summary

Safe working conditions result in less injuries and illnesses.

Employee absences are reduced by safe working conditions

This results in cost savings to employers

Fines are imposed on employers who neglect to adhere to OSHA safety standards