Osh act pdf format


















The best approach is to always keep exposures or the risk of a hazard as low as possible. What are the main ways to control a hazard? These methods are also known as the "hierarchy of control". Some sources may use a variation of this hierarchy. For example, the OSH standard Rule Occupational health and safety — Hazard identification and elimination and risk assessment and control includes a level called "systems that increase awareness of potential hazards". This systems level is placed in between engineering controls and administrative controls.

However, regardless of the number of levels included, the hierarchy should be considered in the order presented it is always best to try to eliminate the hazard first, etc. Where are controls used? Elimination is the process of removing the hazard from the workplace. It is the most effective way to control a risk because the hazard is no longer present.

It is the preferred way to control a hazard and should be used whenever possible. What is substitution? Substitution occurs when a new chemical or substance that is less hazardous is used instead of another chemical.

It is sometimes grouped with elimination because, in effect, you are removing the first substance or hazard from the workplace. The goal, obviously, is to choose a new chemical that is less hazardous than the original. Instead Of: Consider:. Remember, however, that you need to make sure the substitute chemical or substance is not causing any harmful effects, and to control and monitor exposures to make sure that the replacement chemical or substance is below occupational exposure limits.

Another type of substitution includes using the same chemical but to use it in a different form. For example, a dry, dusty powder may be a significant inhalation hazard but if this material can be purchased and used as pellets or crystals, there may be less dust in the air and therefore less exposure.

When substituting, be very careful that one hazard is not being traded for another. Substitution may also include using a machine that requires less energy, or lifting items with less weight. What are examples of engineering controls? Engineering controls are methods that are built into the design of a plant, equipment or process to minimize the hazard.

Engineering controls are a very reliable way to control worker exposures as long as the controls are designed, used and maintained properly.

The basic types of engineering controls are:. Process control. Process control involves changing the way a job activity or process is done to reduce the risk. Monitoring should be done before and as well as after the change is implemented to make sure the changes did, in fact, control the hazard. Examples of process changes include to: Use wet methods rather than dry when drilling or grinding.

Use an appropriate vacuum or "wet method" instead of dry sweeping e. Note: Never use a regular "household" vacuum cleaner, especially when cleaning toxic material such as lead, or asbestos.

Use a vacuum specifically designed for industrial workplaces and be sure to use appropriate filters, etc. Use steam cleaning instead of solvent degreasing but be sure to evaluate the potential high temperature hazard being introduced such as heat stress.

Use electric motors rather than diesel ones to eliminate diesel exhaust emissions. Float "balls" on open-surface tanks that contain solvents e. Instead of conventional spray painting, try to dip, paint with a brush, or use "airless" spray paint methods. These methods will reduce the amount of paint that is released into the air. Decrease the temperature of a process so that less vapour is released.

Use automation - the less workers have to handle or use the materials, the less potential there is for exposure. Use mechanical transportation rather than manual methods.

Enclosure and Isolation These methods aim to keep the chemical "in" and the worker "out" or vice versa. An enclosure keeps a selected hazard "physically" away from the worker. Enclosed equipment, for example, is tightly sealed and it is typically only opened for cleaning or maintenance.

Other examples include "glove boxes" where a chemical is in a ventilated and enclosed space and the employee works with the material by using gloves that are built in , abrasive blasting cabinets, or remote control devices. Care must be taken when the enclosure is opened for maintenance as exposure could occur if adequate precautions are not taken.

The enclosure itself must be well maintained to prevent leaks. Isolation places the hazardous process "geographically" away from the majority of the workers. Common isolation techniques are to create a contaminant-free or noise-free booth either around the equipment or around the employee workstations.

Ventilation Ventilation is a method of control that strategically "adds" and "removes" air in the work environment. Ventilation can remove or dilute an air contaminant if designed properly. Local exhaust ventilation is very adaptable to almost all chemicals and operations. It removes the contaminant at the source so it cannot disperse into the work space and it generally uses lower exhaust rates than general ventilation general ventilation usually exchanges air in the entire room.

Local exhaust ventilation is an effective means of controlling hazardous exposures but should be used when other methods such as elimination or substitution are not possible. A local exhaust ventilation system consists of these basic parts:. A hood that captures the contaminants generated in the air at the source. A fan which draws the air from the hood into the ducts and removes the air from the workspace.

The fan must overcome all the losses due to friction, hood entry, and fittings in the system while producing the intended flow rate. Air cleaning devices may also be present that can remove contaminants such as dust particulates , gases and vapours from the air stream before it is discharged or exhausted into the environment outside air , depending on the material s being used in the hood.

The design of a ventilation system is very important and must match the particular process and chemical or contaminant in use. Expert guidance should be sought. It is a very effective control measure but only if it is designed, tested, and maintained properly. Because contaminants are exhausted to the outdoors, you should also check with your local environment ministry or municipality for any environmental air regulations or bylaws that may apply in your area.

What are examples of systems that increase awareness? Systems that increase awareness are methods that help the worker to detect if a hazard is present. Examples of these hazard controls include warning systems, visual or audible alarms, warning signs, or other indicators that alert the worker to a situation.

What are examples of administrative controls? Administrative controls limit workers' exposures by scheduling shorter work times in contaminant areas or by implementing other "rules". These control measures have many limitations because the hazard itself is not actually removed or reduced. Administrative controls are not generally favored because they can be difficult to implement, maintain and are not a reliable way to reduce exposure.

When necessary, methods of administrative control include: Restricting access to a work area. Restricting the task to only those competent or qualified to perform the work. Scheduling maintenance and other high exposure operations for times when few workers are present such as evenings, weekends. Using job-rotation schedules that limit the amount of time an individual worker is exposed to a substance. Using a work-rest schedule that limits the length of time a worker is exposure to a hazard.

Work Practices Work practices are also a form of administrative controls. Difficulty Beginner Intermediate Advanced. Explore Documents. Chapter 1.

Uploaded by Nur Adilah. Did you find this document useful? Is this content inappropriate? Report this Document. Flag for inappropriate content. Download now. Save Save Chapter 1 For Later. Related titles. Carousel Previous Carousel Next. Jump to Page. Search inside document. Documents Similar To Chapter 1. Lissette Phillips. Percy Pereira. Spoonful Burnside. James Clayton. Michael Fadjar. Zelskie Castle. Amin Ullah. Sham Zai. Irene Daus. The Secretary of Health and Human Services, after consultation with the Secretary and with other appropriate Federal departments and agencies, shall conduct, directly or by grants or contracts The Secretary is also authorized to conduct, directly or by grants or contracts, short-term training of personnel engaged in work related to his responsibilities under this Act.

The Secretary shall establish and support cooperative agreements with the States under which employers subject to this Act may consult with State personnel with respect to Such agreements may provide, as a condition of receiving funds under such agreements, for contributions by States towards meeting the costs of such agreements. Pursuant to such agreements the State shall provide on-site consultation at the employer's worksite to employers who request such assistance.

The State may also provide other education and training programs for employers and employees in the State. The State shall ensure that on-site consultations conducted pursuant to such agreements include provision for the participation by employees. Activities under this subsection shall be conducted independently of any enforcement activity. If an employer fails to take immediate action to eliminate employee exposure to an imminent danger identified in a consultation or fails to correct a serious hazard so identified within a reasonable time, a report shall be made to the appropriate enforcement authority for such action as is appropriate.

The Secretary shall, by regulation after notice and opportunity for comment, establish rules under which an employer A State shall provide worksite consultations under paragraph 2 at the request of an employer.

Priority in scheduling such consultations shall be assigned to requests from small businesses which are in higher hazard industries or have the most hazardous conditions at issue in the request.

It is the purpose of this section to establish a National Institute for Occupational Safety and Health in the Department of Health and Human Services in order to carry out the policy set forth in section 2 of this Act and to perform the functions of the Secretary of Health and Human Services under sections 20 and 21 of this Act.

The Institute shall be headed by a Director who shall be appointed by the Secretary of Health and Human Services, and who shall serve for a term of six years unless previously removed by the Secretary of Health and Human Services. Upon his own initiative, or upon the request of the Secretary of Health and Human Services, the Director is authorized 1 to conduct such research and experimental programs as he determines are necessary for the development of criteria for new and improved occupational safety and health standards, and 2 after consideration of the results of such research and experimental programs make recommendations concerning new or improved occupational safety and health standards.

Any occupational safety and health standard recommended pursuant to this section shall immediately be forwarded to the Secretary of Labor, and to the Secretary of Health and Human Services. In addition to any authority vested in the Institute by other provisions of this section, the Director, in carrying out the functions of the Institute, is authorized to The Director shall submit to the Secretary of Health and Human Services, to the President, and to the Congress an annual report of the operations of the Institute under this Act, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as he deems appropriate.

The Institute, in conjunction with the Administrator of the Environmental Protection Agency, may make grants for the training and education of workers and supervisors who are or may be directly engaged in lead-based paint activities. Grants referred to in subparagraph A shall be awarded to nonprofit organizations including colleges and universities, joint labor-management trust funds, States, and nonprofit government employee organizations Grants under this subsection shall be awarded only to those organizations that fund at least 30 percent of their lead-based paint activities training programs from non-Federal sources, excluding in-kind contributions.

Grants may also be made to local governments to carry out such training and education for their employees. Evaluation of Programs. The Institute shall conduct periodic and comprehensive assessments of the efficacy of the worker and supervisor training programs developed and offered by those receiving grants under this section. The Director shall prepare reports on the results of these assessments addressed to the Administrator of the Environmental Protection Agency to include recommendations as may be appropriate for the revision of these programs.

In general Not later than 18 months after October 26, , the Director of the National Institute for Occupational Safety and Health hereafter in this section referred to as the "Director" , in cooperation with the Secretary of Labor, the Administrator of the Environmental Protection Agency, the Administrator of the Agency for Toxic Substances and Disease Registry, and the heads of other Federal Government agencies as determined to be appropriate by the Director, shall conduct a study to evaluate the potential for, the prevalence of, and the issues related to the contamination of workers' homes with hazardous chemicals and substances, including infectious agents, transported from the workplaces of such workers.

Matters to be evaluated In conducting the study and evaluation under subparagraph A , the Director shall States to enforce occupational safety and health standards in accordance with section 18 of such Act 29 U.

The Task Force shall Content The investigative strategy developed under subparagraph A iv shall identify data gaps that can and cannot be filled, assumptions and uncertainties associated with various components of such strategy, a timetable for the implementation of such strategy, and methodologies used to gather any required data. Peer review The Director shall publish the proposed investigative strategy under subparagraph A iv for public comment and utilize other methods, including technical conferences or seminars, for the purpose of obtaining comments concerning the proposed strategy.

Final strategy After the peer review and public comment is conducted under clause ii , the Director, in consultation with the heads of other government agencies, shall propose a final strategy for investigating issues related to home contamination that shall be implemented by the National Institute for Occupational Safety and Health and other Federal agencies for the period of time necessary to enable such agencies to obtain the information identified under subparagraph A iii.

Construction Nothing in this section shall be construed as precluding any government agency from investigating issues related to home contamination using existing procedures until such time as a final strategy is developed or from taking actions in addition to those proposed in the strategy after its completion. Implementation of investigative strategy Upon completion of the investigative strategy under subparagraph B iii , each Federal agency or department shall fulfill the role assigned to it by the strategy.

In general Not later than 4 years after October 26, , and periodically thereafter, the Secretary of Labor, based on the information developed under subsection c of this section and on other information available to the Secretary, shall Additional regulations or standards If the Secretary of Labor determines that additional regulations or standards are needed under paragraph 1 , the Secretary shall promulgate, pursuant to the Secretary's authority under the Occupational Safety and Health Act of 29 U.

Authorization of appropriations There are authorized to be appropriated from sums otherwise authorized to be appropriated, for each fiscal year such sums as may be necessary to carry out this section. The Secretary is authorized, during the fiscal year ending June 30, , and the two succeeding fiscal years, to make grants to the States which have designated a State agency under section 18 to assist them The Secretary is authorized, during the fiscal year ending June 30, , and the two succeeding fiscal years, to make grants to the States for experimental and demonstration projects consistent with the objectives set forth in subsection a of this section.

The Governor of the State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section. Any State agency designated by the Governor of the State desiring a grant under this section shall submit an application therefor to the Secretary.

The Secretary shall review the application, and shall, after consultation with the Secretary of Health and Human Services, approve or reject such application.

The Federal share for each State grant under subsection a or b of this section may not exceed 90 per centum of the total cost of the application. In the event the Federal share for all States under either such subsection is not the same, the differences among the States shall be established on the basis of objective criteria.

The Secretary is authorized to make grants to the States to assist them in administering and enforcing programs for occupational safety and health contained in State plans approved by the Secretary pursuant to section 18 of this Act. The Federal share for each State grant under this subsection may not exceed 50 per centum of the total cost to the State of such a program. The last sentence of subsection f shall be applicable in determining the Federal share under this subsection.

Prior to June 30, , the Secretary shall, after consultation with the Secretary of Health and Human Services, transmit a report to the President and to the Congress, describing the experience under the grant programs authorized by this section and making any recommendations he may deem appropriate.

In order to further the purposes of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics.

Such program may cover all employments whether or not subject to any other provisions of this Act but shall not cover employments excluded by section 4 of the Act. The Secretary shall compile accurate statistics on work injuries and illnesses which shall include all disabling, serious, or significant injuries and illnesses, whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

The Federal share for each grant under subsection b of this section may be up to 50 per centum of the State's total cost. The Secretary may, with the consent of any State or political subdivision thereof, accept and use the services, facilities, and employees of the agencies of such State or political subdivision, with or without reimbursement, in order to assist him in carrying out his functions under this section. On the basis of the records made and kept pursuant to section 8 c of this Act, employers shall file such reports with the Secretary as he shall prescribe by regulation, as necessary to carry out his functions under this Act.

Agreements between the Department of Labor and States pertaining to the collection of occupational safety and health statistics already in effect on the effective date of this Act shall remain in effect until superseded by grants or contracts made under this Act. Each recipient of a grant under this Act shall keep such records as the Secretary or the Secretary of Health and Human Services shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

The Secretary or the Secretary of Health and Human Services, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of any grant under this Act that are pertinent to any such grant.

Within one hundred and twenty days following the convening of each regular session of each Congress, the Secretary and the Secretary of Health and Human Services shall each prepare and submit to the President for transmittal to the Congress a report upon the subject matter of this Act, the progress toward achievement of the purpose of this Act, the needs and requirements in the field of occupational safety and health, and any other relevant information.

If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

There are authorized to be appropriated to carry out this Act for each fiscal year such sums as the Congress shall deem necessary. This document includes some editorial changes, such as changing the format to make it easier to read, correcting typographical errors, and updating some of the margin notes.

Because Congress enacted amendments to the Act since , this version differs from the original version of the OSH Act. It also differs slightly from the version published in the United States Code at 29 U.

For example, this reprint refers to the statute as the "Act" rather than the "chapter. Citations to Public Laws which made important amendments to the OSH Act since are set forth in the margins and explanatory notes are included below.

Section 17 h 1 , 29 U. The original provision amended section of title 18 of the United States Code to include employees of "the Department of Labor assigned to perform investigative, inspection, or law enforcement functions" within the list of persons protected by the provisions to allow prosecution of persons who have killed or attempted to kill an officer or employee of the U.

This reprint sets forth the text of section 17 h as enacted in However, since , Congress has enacted multiple amendments to 18 U. The current version does not specifically include the Department of Labor in a list; rather it states that "Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government including any member of the uniformed services while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance shall be punished.

Readers are reminded that the official version of statutes can be found in the current volumes of the United States Code, and more extensive historical notes can be found in the current volumes of the United States Code Annotated.

Amendments On January 2, , section 2 c of Pub. Because these amendments are no longer current, the text of section 28 is omitted in this reprint.

For the current version, see 15 U. In , the U. In , Congress enacted implementing legislation. Panama Canal Act of , Pub. The U. On March 27, , Pub. On October 13, , Pub. On October 17, , Pub.

On September 13, , Pub. On December 21, , Pub. On October 12, , Pub. Under this system, an offense with imprisonment terms of "six months or less but more than thirty days," such as that found in 29 U.

The criminal code also provides for authorized terms of probation for both individuals and organizations. The term of imprisonment for individuals is the same as that authorized by the OSH Act. On November 8, , Pub. On November 5, , Pub. On October 26, , Pub. Note: section a was enacted as section of the Fire Administration Authorization Act of , but it is reprinted here because it is codified within the chapter that comprises the OSH Act. On July 5, , section 7 b of Pub. This provision, titled "Emergency Locator Transmitters," is codified at 49 U.

On December 21, , Section of Pub. On July 16, , Pub. On September 29, , Pub. On June 12, , Pub. From to , the people of these islands exercised the right of self-determination conveyed by the Trusteeship four times, resulting in the division of the Trust Territory into four separate entities.

Federal Law does not apply. For up-to-date information on the legal status of these freely associated states and territories, contact the Office of Insular Affairs of the Department of the Interior.

Reasons for textual deletions vary. Some deletions may result from amendments to the OSH Act; others to subsequent amendments to other statutes which the original provisions of the OSH Act may have amended in In some instances, the original provision of the OSH Act was date-limited and is no longer operative. The text of section 12 c , 29 U. The text of section 27, 29 U. Section 27 listed Congressional findings on workers' compensation and established the National Commission on State Workmen's Compensation Laws, which ceased to exist ninety days after the submission of its final report, which was due no later than July 31, The text of section 28 Economic Assistance to Small Business amended sections 7 b and section 4 c 1 of the Small Business Act to allow for small business loans in order to comply with applicable standards.

Because these amendments are no longer current, the text is omitted here. For the current version see 15 U. The text of these sections is omitted here because it no longer reflects the current statutory provisions for staffing and pay. For current provisions, see 29 U. Notes on other legislation affecting the administration of the Occupational Safety and Health Act. Sometimes legislation does not directly amend the OSH Act, but does place requirements on the Secretary of Labor either to act or to refrain from acting under the authority of the OSH Act.

Included below are some examples of such legislation. Please note that this is not intended to be a comprehensive list. For example, legislation may require the Secretary to promulgate specific standards pursuant to authority under section 6 of the OSH Act, 29 U. Some examples include the following: Hazardous Waste Operations.

Chemical Process Safety Management. Hazardous Materials. Bloodborne Pathogens Standard. Lead Standard. Sometimes a statute may make some OSH Act provisions applicable to certain entities that are not subject to those provisions by the terms of the OSH Act.

For example, the Congressional Accountability Act of , Pub. Among other provisions, this legislation authorizes the General Counsel of the Office of Compliance within the Legislative Branch to exercise the authority granted to the Secretary of Labor in the OSH Act to inspect places of employment and issue a citation or notice to correct the violation found.

This statute provides for the imposition and collection of civil money penalties by the Department of Health and Human Services in the event that a hospital fails to comply with OSHA's Bloodborne Pathogens standard. Sometimes an appropriations statute may allow or restrict certain substantive actions by OSHA or the Secretary of Labor. For example, sometimes an appropriations statute may restrict the use of money appropriated to run the Occupational Safety and Health Administration or the Department of Labor.

One example of such a restriction, that has been included in OSHA's appropriation for many years, limits the applicability of OSHA requirements with respect to farming operations that employ ten or fewer workers and do not maintain a temporary labor camp.

Another example is a restriction that limits OSHA's authority to conduct certain enforcement activity with respect to employers of ten or fewer employees in low hazard industries. See Consolidated Appropriations Act, , Pub. Sometimes an appropriations statute may allow OSHA to retain some money collected to use for occupational safety and health training or grants. For example, the Consolidated Appropriations Act, , Div. For the statutory text of currently applicable appropriations provisions, consult the OSHA appropriations statute for the fiscal year in question.

For the purposes of this Act



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