Introduction to OSHA

Subpart C
29 CFR -1926.1-1926.35

Introduction to OSHA
The William-Steiger Occupational Safety &

Health Act was passed by Congress in

December, 1970. The act established the
Occupational Health and Safety Administration
(OSHA).
April, 1971-Enforcement of regulations began.

Purpose: To assure every employee a safe &

healthful work environment.

Introduction to OSHA
Prior to OSHA, job related accidents accounted

for more than 14,000 workers deaths annually.

Currently about 6000 Americans die annually

from workplace injuries.

In 2002, 1121 construction workers died from

workplace injuries.

The General Duty Clause

OSH Act Public Law 91-596 Dec.29. 1970

Section 5 (a) (1):

Each employer shall furnish to each of his
employees, employment and a place of
employment, which are free from recognized
hazards that are causing or are likely to cause,
death or serious physical harm to employees.

Incorporation by
Reference
Other standards mandatory provisions have the

same force and effect of law as OSHA

standards, i.e., ANSI, NEC, NFPA

Most Frequently Cited Serious

Violations - 2003
501(b)(1) Unprotected sides and edges (1652)
451(g)(1) Scaffolds Fall protection (1229)
100(a) Head protection (1159)
501(b)(13) Fall protection Residential @ 6 (1090)
451(e)(1) Scaffolds Access (1044)
453(b)(2)(v) Aerial lifts Body belt & lanyard (977)
451(b)(1) Scaffolds Platform construction (925)
652(a)(1) Excavations- Protection of employees (890)
21(b)(2) Employee training programs (812)

503(a)(1) Fall hazards training program (774)

Most Frequently Cited

Subpart C - 2003
21(b)(2) Employee training programs (812)
20(b)(2) Inspections by a competent person (542)
20(b)(1) Initiate and maintain accident prevention

programs (419)
25(a) Housekeeping (266)
28(a) Personal protective Equipment (113)

General Requirements
Subpart C
Employer cannot require employees to work in

unsafe, hazardous, or unsanitary conditions.

Employer must have a safety program & conduct

frequent and regular inspections by competent

persons.
Most companies conduct written weekly

inspections and daily informal inspections.

General Requirements
Subpart C
Unsafe tools, machinery, material or equipment

to be tagged or locked out of service, or

physically removed from place of operation.
Employer shall permit only employees qualified

by training or experience to operate machinery

and equipment.

Housekeeping
Combustible scrap and debris must be removed

at regular intervals.
Form and scrap lumber with protruding nails and

all other debris, shall be cleared from work

areas, passageways, and stairs.
Containers shall be provided for waste, trash,

oily and used rags.

Means of Egress
Free and unobstructed egress at all exits must

be maintained.
Exits cannot be locked
Exits must be marked if direction to them not

immediately visible.
Means of egress must be maintained free of

obstructions

Emergency Action Plans

Must be written and cover the following at a
minimum:
Escape procedures and routes
Procedures for employees who remain for critical
functions
Procedures to account for all employees after
evacuation
Means of reporting emergencies
Rescue and medical duties
Names or job titles of persons who can be
contacted for further information

Emergency Action Plans

Employer must establish an employee alarm

system
Employees must be trained in plan

requirements.
Radios, Nextels, air horns, etc. can serve this

purpose.

Confined Space Entry

All employees required to enter into confined

spaces must be trained regarding hazards,

precautions, and use of protective and
emergency equipment.
Guidelines are covered under OSHA General

Industry Standard 1910.146

A construction standard is being developed.

Confined Space Entry

Confined Space:
any space having limited means of egress,
subject to accumulation of toxic or flammable
contaminants or oxygen deficient atmosphere.

Competent Person
One who is capable of identifying existing and

predictable hazards in the surroundings or

working conditions that are unsanitary,
hazardous, or dangerous to employees, and
who has authority to take prompt corrective
measures to eliminate them.

Qualified Person
One who, by having recognized degree,

certificate, or professional standing, or who by

extensive knowledge, training, and experience,
has successfully demonstrated his ability to
solve or resolve problems relating to the work.
I.e., a Professional Engineer, experienced

foreman, etc.

Examples of Areas With

Competent Person Requirements
Fall Protection

Electrical

Scaffolding

Concrete forms &

Trench & Excavation

Shoring
Demolition
Lead
Ionizing Radiation

Respirator Use
Cranes & Derricks
Ladders
Hearing Protection
Welding & Cutting

Training Education
Employees must be trained in recognition,

avoidance, and prevention of unsafe conditions

and the regulations applicable to his/her work
environment.
Employees required to handle or use poisons,

caustics, toxic or flammable materials must be

trained in safe handling.

Training Education
OSHA recognized training programs:
OSHA 500 program established to train the

trainers
OSHA 10 & 30 hour programs established for

employees and supervisors.

WWW.OSHA.ORG
Agency home page
All companies OSHA history available as public record

information
OSHA standards can be downloaded
Compliance directives and letters of interpretation

available
Employee online complaint system

eTools (best practice guidelines)

Types of Inspections
General Scheduled (random)

Complaint
Post-Incident (1 fatality or 3 injuries from 1 event)
Referral (news media, fire department, public)

Special Emphasis (silica, falls, trenching)

Focused (4 main hazards)
Follow-up (post citation)

Focused Inspections
Allows compliance officers to spend less time

with companies that have strong safety

programs, and more time with companies that
do not.
You must have a written safety program,

implemented by a competent person, to qualify.

Results in shortened inspections process.

Focused Inspections
Inspections Focused on: (90% of fatalities)
Falls (floors, work platforms, roofs) 33%
Struck by (falling objects, vehicles) 22%

Caught in-between (cave-ins) 18%

Electrical (overhead lines, tools) 17%

Rules of Construction
Contractors and subcontractors can make their

own arrangements regarding who will do things

such as; installing guardrails or providing
drinking water, however:
Under no circumstance is the Prime Contractor

relieved of overall responsibility for safety

(1926.16)

Multi-Employer Work Site

Policy
Exposing Employer One whose employees

are exposed to hazards (most often receives

citation).
Creating Employer One who actually creates
the hazards.
Correcting Employer One responsible for
correcting the hazard.
Controlling Employer One who is responsible
for conditions on work site.

Inspections, Citations and

Enforcement
Inspection Sequence:
Preplanning:
OSHA will review
the companys
history of citations

Work Site:
Compliance
Officer must show
credentials

May film or video

Will request entry,

from offsite

and explain the

purpose of the visit

Inspections, Citations
and Enforcement
Opening Conference:
The compliance Officer Identifies the scope &
type of inspection.
Will review OSHA required recordkeeping.

Opportunity to qualify for focused inspection.

Meet with a representative of each contractor

Inspections, Citations
and Enforcement
Inspection Process:
Will tour the job/facility looking for hazards, will

interview employees, collect photos/videos, and

samples or measurements.
It is important for the employer to take the same

photo as OSHA from several viewpoints.

Inspections, Citations
and Enforcement
Closing Conference:
The Compliance Officer may point out potential

violations of the standards, and establish

abatement dates for correction.

Inspections, Citations
and Enforcement
Decision to Issue Citation(s):
The Compliance Officer completes report and

proposes potentials citations. This is reviewed

by the Area Director who has final authority to
issue citations/penalties.

Inspections, Citations
and Enforcement
Citation Issuance:
Will be received by the employer via registered
mail within 180 days.
The employer can ask for an informal

conference, within 15 days.

The employer must correct any citations within

the abatement dates & pay penalty amount or

contest citations.

Types of Citations
Other than Serious A violation that would not

cause death or serious injury.

Serious A violation where there is a high

probability of death or serious injury.

Willful A violation where death or serious

injury could occur, and the employer knew, or

should have known, the hazard existed.

Types of Citations

Criminal Willful Flagrant disregard for

safety. Can result in 6 months jail time and

$500,000 fine.

Types of Citations
Repeat A violation of any standard or rule

where upon re-inspection within 3 years, a

similar violation is found.
Failure to Abate A violation for failure to

correct a previous citation in a timely manner.

Citation Penalties
Other than Serious $0 - $7000
Serious Up to $7000
Repeated X2, X5, & X10

Citation Penalties
Willful Up to $70000
Egregious Penalty amount multiplied times

the number of employees exposed. (At this time,

OSHA cannot use the egregious policy due to
court decision however, they have appealed
this).
Criminal Willful Up to $500,000

Citation Penalties
Failure to Abate (per calendar day $7000, to

maximum $210,000)
Failure to report fatality $5000
Failure to post citation $3000

Failure to post on 300 log $1000 / case

Whats New Subpart C

2002 Construction Fatalities 1,121
Only 5% of the workers in construction
20% of the fatalities

Whats New Subpart C

Enhanced Enforcement Policy:
Announced by Secretary of Labor Chao on

3/11/03.
Focuses on employers who have received high

gravity citations.
High gravity = high risk factor / high penalty

Whats New Subpart C

High Gravity Citations include:
High gravity willful violations.
Multiple high gravity serious violations.
High gravity repeat violations at originating

establishment.
Failure to abate notices.
Serious willful or repeat violations related to a
fatality.

Whats New Subpart C

Will Result in:
Follow up inspections

Issuance of press releases

Identified companies prioritized for programmed

inspections

Whats New Subpart C

Settlement Agreement:
Requires employers to hire consultants.
Applies agreement corporate-wide.

Requires info on other job sites.

Whats New Subpart C

Settlement Agreement:
Requires submission of 300 logs to OSHA

quarterly and consent to inspections

based on logs.
Employer consents to allow OSHA entry.

Whats New Subpart C

Post Settlement Agreement:
OSHA will seek enforcement of court orders as allowed

under Section 11(b) OSH Act. In other words, they will

more aggressively deal with employers in the courts.
Federal courts have more sanctions to deal with non-

compliant employers-fines, court costs, incarceration.

Recordkeeping

Recordkeeping Standard
Revised January 2002

Who Must Comply

All employers with over ten employees

must maintain 300 & 301

Randomly selected employers must

participate in the annual survey results in

BLS data.

Penalties
Whoever knowingly makes any false statement,

representation, or certification in any application,

record, report, plan or other document filed or
required to be maintained pursuant to this Act
shall, upon conviction, be punished by a fine of
not more than $10,000, or by imprisonment, for
not more than 6 months, or both.

Requirements
Each workplace must display an OSHA or

State poster.
The employer must report to OSHA within 8

hours all accidents which result in a fatality

or hospitalization of three or more
employees. (1-800-321-OSHA)

Recordkeeping Forms
300 Log list of recordable injuries
301 Supplemental Form in some states you

can substitute your Employers First Report of

Injury Form.
300A Summary (This is what is posted)

General Recording
Criteria
You must post the summary (300A) from

February 1st through April 30th .

You can just post this at the corporate

office unless your project will last over 12

months.
The summary must be signed by a

company executive

General Recording
Criteria
You must record the following if work related:
Death

Loss of consciousness
Lost work day
Restricted work / Job transfer

Medical treatment
Significant injury or illness diagnosed by

physician or licensed health care professional

Hearing Loss
You must record work-related hearing loss.
Record 10 decibel threshold shift from initial

audiogram.
Record 25 db hearing loss from audiometric

zero

Lost Work Days

Count Calendar Days
If the Doctor says the employee must take

time off from work you must count it as lost time

even if employee does not take time off.
Counting Cap 180 days.

Restricted Work
Days / Job Transfer
Count Calendar Days

Stop counting at 180 days

Stop counting if permanent job transfer.

Medical Treatment

If the employee receives medical treatment, you

must record
If the employee receives only first aid treatment,

regardless of who provides the treatment, you

do not record

Medical Treatment
Exceptions
Visits to a medical professional solely for

observation are not recordable

First Aid (see list to follow)
Diagnostic Procedures:

X-rays, blood work or other tests solely for

diagnostic purposes are not recordable

First Aid List Items on this

List are Not Recordable
Non- prescription medication
Tetanus immunizations
Cleaning, flushing or soaking wounds

Band- Aids, butterfly bandages, or steri-strips

Hot or cold therapy
Splints, slings, neck collars

Drilling nails to relieve pressure, drain blister

First Aid List Continued

Eye patches
Removal of foreign bodies using irrigation or

cotton swab
Removal of splinters by irrigation, tweezers or
cotton swab
Use of finger guards
Massage of therapy
Drinking fluids for heat stress

Resources
For statistics
www.stats.bls.gov/blshome.html
For 300 log, regulations, letters of
interpretation:
www.osha.gov
Regular and online safety courses
www.nahb.org

Safety & Health

Programs
Is a Safety and Health Program required by

OSHA in construction?
Yes, however a written program is not

required, but OSHA has proposed to change

this.

Why Have A Safety &

Health Program?
It is the foundation for other Safety /Health

efforts.
Your insurance carrier wants you to have one
Avoid /reduce accident costs
Must have to qualify for focused inspection

OSHA Penalty Reductions

Based On Good Faith
25% - Based on a comprehensive written and

implemented safety & health program.

15% - Based on a written program with some

deficiencies

Elements Of A Safety &

Health Program
Management Commitment & Employee

Involvement
Worksite Analysis
Hazard Prevention & Control
Safety & Health Training

Management Commitment
& Employee Involvement
Develop a worksite safety & health policy
Establish & communicate safety goals.
Provide visible top management involvement &

support.
Encourage employee involvement.

Management Commitment &

Employee Involvement
Assign and communicate program responsibility
Provide adequate authority and resources.
Hold managers, supervisors, and employees

accountable.
Review program operations regularly.

Worksite Analysis
Recommended Actions
Identify hazards.
Provide regular inspections
Encourage employee notification

Investigate accidents / near misses.

Analyze injury /illness trends.

Hazard Prevention & Control

Recommended Actions:
Establish hazard control procedures.
Provide regular maintenance
Implement an emergency action plan.

Establish a medical program.

Hazard Prevention &

Control
Implement engineering controls.
Utilize administrative controls.
Provide PPE.

Establish a disciplinary system.

Emergency Action Plans

Employee Notification (Alarm)
Initial Response Procedures
Emergency Telephone Numbers

Site Layouts / Evacuation Routes

Designated Gathering Areas
Accounting System

Employee Training / Periodic Drills

Safety & Health Training

Employees must be trained in recognition and

avoidance of unsafe conditions

Conduct both general & job specific safety

training.

Safety & Health Training

Efforts Should Be:
Conducted with new hires
Conducted periodically
Followed up for retention / understanding

Documented

Question for Review

1.

If there is not a specific standard for a work practice, how

could OSHA cite it?

2.

What is OSHAs name for a person who has knowledge of

the standards, hazard recognition and the authority to stop
work when necessary?

3.

What type of inspection should you asked for if you have a

safety program?

4.

How long do you have to report a fatality to OSHA? Whats

the phone number call?