Regulations & Regulatory Agencies
OSHA is primarily concerned with ensuring the health and safety of the American worker. When it was passed in 1970, The Occupational Safety and Health Act stated four goals as its mission:
- To encourage employers and employees to reduce workplace hazards.
- To establish responsibilities and rights for both employers and employees.
- To maintain a system to monitor job-related injuries and illnesses.
- To develop mandatory job safety and health standards and to enforce them effectively.
Since 1970, OSHA has been accomplishing these goals by issuing numerous and varied health and safety regulations. Regulations your clients must follow!
Many of your clients might think OSHA's standards and requirements do not apply to them. Maybe they operate a smaller business or there is nothing overtly dangerous about their operation. It does not matter. The Occupational Safety and Health Act covers all of your clients and their employees in the 50 states, the District of Columbia, Puerto Rico, and all other territories under federal jurisdiction. The Act applies to virtually all fields including manufacturing, construction, law, medicine, disaster relief, private education, dry cleaning and vehicle maintenance. And it applies to all private work places whether there are three hundred employees or three. In addition to this expansive coverage, there is a general "catch all" provision in the Occupational Safety and Health Act of 1970 known as "The General Duty Clause."
The General Duty Clause states: "Each employer shall furnish to each of his employee's employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."
In other words, your clients have an overall obligation to protect their workers from a recognized hazard in the workplace, even if there is not a specific OSHA standard that applies to the situation.
A good example of how this clause is used is in the area of ergonomics or how a person's work area, tools, and equipment are used. Although there are not yet any specific OSHA standards regarding the harmful effects of poor ergonomics, citations have been issued in cases involving cumulative trauma disorders, such as carpal tunnel syndrome, which result from poor ergonomics.
Essentially, no one who is doing business and has employees is exempt from OSHA's regulatory umbrella. Furthermore, it is every employer’s responsibility . . .
- To become familiar with the OSHA rules that apply to their establishment.
- To appropriately communicate those rules to their employees.
- To ensure that their employees have and use personal protective gear and equipment when required for safety.
- To make a good faith effort to identify and correct any and all existing workplace hazards.
This can be a bit daunting to your client who barely has enough time to fill tomorrow's orders, let alone familiarize him or herself with the regulations, standards and provisions that OSHA has been issuing for the past 25 years!
Let your client know that they are not alone and offer these steps for them to take.
- Regularly review accident and injury records to identify injury patterns and areas for concern.
- Take the necessary steps to prevent these injuries in the future.
- Conduct regular training sessions, documenting each session and which employees attended.
- Take advantage of J.J. Keller compliance products and safety equipment.
Imagine the load off your client's shoulders when they learn there is a company that can offer everything from experts to exit signs in order to ensure he or she is in compliance and reducing losses.
Obviously, there's considerably more detail to the Occupational Safety and Health Act than we are getting into here. The Act is outlined in a number of Keller publications and software products. Take some time to look it over. As an IDC partner, the more familiar you are with the nuances of the OSHA Act, the more opportunities you will see when discussing safety and compliance needs with your clients.
Key Products:
Keller-Soft(TM) Compliance Information Manager (100-KS) - Point-and-click access to more than 250 "E-Z Explanations(TM)" for key OSHA, EPA and DOT regulatory areas!
Keller-Soft(TM) Safety Audit Customizer (Version 6.0) (50-KS) - Save yourself time and effort while conducting physical and recordkeeping audits that comply with OSHA and EPA requirements!
Keller-Soft(TM) Safety Plan Customizer (Version
6.0) (66-KS) - Software that creates your written safety plans
for you!
Forklift Safety: An Operator Training Program (227-K) - Written by a forklift operator for forklift operators.
Personal Protective Equipment: An Assessment & Training
Program (190-K) - Get employees to take PPE seriously — make
an impact on even the most reluctant PPE users.
Lockout/Tagout: Safety Training For Employees (228-K)
- Use this kit to help satisfy OSHA’s 29 CFR §1910.147(7).
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