OSHA Precedents and Regulations - Research Paper Example

OSHA Precedents and Regulations Introduction The Occupational Safety and Health Administration (OSHA) was established in 1970 and is a watchdog government agency that sends compliance officers or inspectors into workplaces to ensure the soundness of their safety precautions (Wells and Rodrigues, 2004). Before OSHA was bone, regulations and enforcements were sporadic and varied by state and as such were ineffective for most part. The federal laws present at the time were inadequate in scope and application. OSHA has the powers to set mandatory standards, conduct inspections and impose penalties. OSHA aims at enforcing compliance with its standards, issuing citations, and collecting penalties to punish employers who violate the set regulations. OSHA is empowered to compel the abatement of cited hazards and to see to it that occupational injury and illness in industry is reduced. Nevertheless, some individuals have criticized OSHA for bureaucracy. The organization is further accused of harsh imposing burdens on management and business (Wang, 1993). Chronological milestones since the establishment of OSHA 1. In November 14, 1978, the lead standard was introduced to protect workers from occupational exposure to lead, which is commonly known to cause damage to human nervous, urinary and reproductive systems. 2. September 12, 1980: The fire protection standard was updated to include specific procedures for fire brigades that were responsible for extinguishing major work places fires. This Act is applicable in areas where compressed gases, flammables, and solvents are stored. Also to be categorized in this group are the welding and brazing operations and in companies where testing and maintenance of sprinkler systems are required. 3. November 25, 1983: The hazard communication standard was passed to require information, training and labeling of toxic materials handled by employees and employers. Employees working in potentially hazard workplaces must be trained in safe use, handling and decontamination procedures if at any instance they become exposed to chemicals. It is stipulated that all chemicals should have a material safety data sheet (MSDS) on site within easy access and that all containers must be labeled with their contents. 4. December 6, 1991: The blood borne pathogens standard was introduced to present occupational exposure to AIDS, hepatitis B, and other infectious diseases. Employees dealing with such cases should be trained basically on the exposure and possible prevention to blood and OPIM. 5. January 14, 1993: The confined spaces standard was promulgated to prevent more deaths and injuries that occur annually. This was meant for workers in maintenance and fabrication work in elevators, bulkheads, and cargo holds. 6. November 14, 2000: The ergonomics program standard was initiated to prevent a painful and debilitating category of musculoskeletal injuries that affect more than 130 million workers. Such injuries could develop from jobs requiring excessive repetitive motion and/or high forceful applications and/or awkward postures (Rodrigues, 2004). Scope and level of authority of OSHA OSHA has the authority and powers to inspect any industry premise at any time without interference from the employers. OSHA regulations can therefore impose more rigorous procedures the statutes. This includes requiring a hearing examiner at oral hearings, cross-examination on critical issues and a verbatim transcript of proceedings. OSHA’s regulations combine hybrid procedures with a scope of judicial review, normally associated with adjudications rather than standard-setting (Connolly & Crowell, 1982). However, the Supreme Court holds that the Fourth Amendment prevents OSHA from entering any private facility for inspection purposes unless it first obtains either the employer’s consent or a valid warrant authorizing the inspection. Responsibilities of the employer as stipulated by OSHA The employer of any industry or firm is always charged with a number of responsibilities regarding the safety and health of the firm. One of the very many responsibilities include conducting a planning session with confined space workers to determine work objectives, date and the time the work will begin and who will be assigned. The employer should always ensure that the hazardous properties or incompatible combinations of materials or by-products, hazardous or toxic gases, vapors, dust, mist or fumes are clearly labeled and adequate information on the same made accessible for the employees reading and safety precaution (Bahr and Stallcup, 2003). The employer is also responsible for the protection of the employees’ safety and health in the workplace and is therefore expected to provide the necessary safety and health equipment and information. For instance, in welding industries, the employees should be provided with welding goggles and gloves that are essential for protection during welding activities. Employer’s rights in dealing with OSHA In as much as OSHA carries its inspections at randomly as possible, the employer is entitled to certain rights that could otherwise see to the failure of such intended inspection. The following are some of the rights that the employer enjoys: that OSHA shall only carry out its inspections during the regular working hours and within speculated reasonable limits. In addition to this, the employer is entitled to trade secrets confidentiality and business confidential information that should not be released to the public. The law protects the employer in such matters so that the OSHA officials are only allowed access to information within the limit of their inspection areas. Thirdly, the OSHA officers have to issue the employer with a warrant and make sure to leave him a copy of the same in the event that a warrant is involved. Also important to be noted is that during walkarounds, the employer or employer representative is allowed to accompany the OSHA secretary during the physical inspection of the workplace (Dreux). OSHA requirements for record keeping Almost all industries keep records for reference purposes in the future. It is in this light that OSHA made it a requirement for the industries to keep records that are deemed necessary for the enforcement of the OSHA Act. Such records should also include specific records pertaining to employee injuries and illness and exposure to toxic substances and harmful physical agents. Provided the inspection is within the agency’s authority, the administrative subpoena process affords OSHA broad powers to obtain records. However, there are cases when OSHA can incorporate a records request in a warrant for an unprogrammed inspection. For such scenarios, the scope of records review is limited to the scope of the complaint (Freeman). How OSHA carries out inspections Inspections involve various phases such as an opening conference in which the inspector reveals the scope of inspection, gives a copy of the complaint and lastly, sets ground rules for the inspection. After this goes through successfully, the inspector requests for a walkaround for which the employer representative goes with the inspection officers around the firm to make sure they get access to only those parts defined by the scope of the inspection. During this time, the inspection officer is allowed to confer with employees in an attempt to gather more information on the safety and health standards. To wrap it all up, there is the closing conference in which the OSHA officers give recommendations and draw conclusions based on his inspection (Dreux). Workers’ compensation For whatever happens in the industry that could otherwise compromise the set standards of safety and health, the employer always remains liable for the violations of the safety and health Act. The employer is the one that should ensure that employees are compensated for injuries incurred in the line of duty (Price, 1972). The workers’ compensation is considered the employees’ only exclusive remedy against an employer for workplace injuries. The workers’ compensation data is used to target enforcement efforts. In addition to this, there are further studies that are underway on how to use workers’ compensation data (Dianne Publishing Company, 1994). Professional legal liability All industries the world over have managements that are charged with the responsibility of ensuring a safe and healthful working environment. Management therefore retains the control over things, people, operations, and capital of which all have a direct effect on occupational safety and health. It is for this matter that most professionals in the industry try to avoid such responsibility by taking a professional insurance cover. The cover, professional liability insurance, is meant to pay for the cost of defense as well as any damages as long as it is within the policy limits. However, the company seeking such cover should read the policy closely to determine the parameters of the coverage and closely scrutinize whether the safety and health profession relinquishes authority and control over the case of the carrier. As much as this cover takes care of the employer, it is relatively expensive and the scope it covers is normally limited. Furthermore, it does not cover the employer for criminal actions that might have been committed against the employees. These aspects therefore leave it as an inadequate cover that does not fully protect the employer against legal liabilities that he might be involved in (Schneid & Schumann, 2006). Conclusion OSHA has done enough in making sure that safety and health regulations are adhered to and in such attempts, and this has led to a reduction in the number of injuries and deaths in the industry. It is therefore a good agency and the government should consider empowering it more so as to bring bigger offenders to book. This will further see the industries much safer and healthier than ever before. References Bahr, M. & Stallcup, J. (2003). OSHA: Stallcup's construction regulations simplified. Sudbury, MA: Jones & Bartlett Learning. Wells, A.T. & Rodrigues, C.C. (2004). Commercial Aviation Safety (4th edition). New Jersey: McGraw-Hill Professional. Dianne Publishing Company (1994). Occupational Safety and Health: Changes Needed in the Combined Federal-State Approach. New York: Dianne Publishing. Schneid, D.T. & Schumann, M.S. (2006). Legal Liability: A Guide for Safety and Loss Prevention Professionals. Sudbury, MA. Jones & Bartlett Learning. Price, C. (1997).Group Practice Personnel Policies Manual. New Jersey: Medical Group Management Assn. Wang, C.K.C. (1993). OSHA Compliance and Management Handbook. New York: William Andrew. Connolly, B.W. & Crowell, R.D. (1982). A practical guide to the Occupational Safety and Health Act, Issue 22. New York: Law Journal Press. Dreux M.S. Retrieved on 1st February, 2011 from http://www.acusafe.com/Talks-Papers/MWE-OSHA-Inspection.pdf Freeman, R. Retrieved on 1st February, 2011 from http://www.dgslaw.com/documents/articles/464438.pdf Read More