OSHA Compliance

The Supreme Court was requested to rule on the cotton dust standard using the OSHA’s mandate under section 3(8) whose objective was to protect workers from the exposure of hazardous materials. In the Department of Industrial Union, the Benzene decision decided by a divided court invalidated the OSHA 's benzene standard. According to the judges, OSHA had to base its findings on substantial evidence rather than mere assumptions. These records should show that occupational exposure to the regulated substance presents significant health risk (Schulte, et al., 2014).

The Occupational Safety and Health Act purpose is to assure that individuals are working in safe environments. OSHA has been around for over 40 years and has come with many advantages as well as disadvantages. According to OSHA, “nursing homes and personal care facilities has had one the highest injury and illness rates, workers have faced numerous amounts of health hazards, and disorders compared to other work places”. These obstacles occurring in the health care work force has lead to the NYS Safe Patient Handling Act. This act consists of programs ensuring workers are better educated on how to prevent injuries, reduce disorders and improve quality of care towards patients.

Osha is the Occupational Safety and Health Administration  an agency of the United States Department of Labor. Osha requires employers to provide their employees with safety from all known dangers. Osha was created December 29, 1970, and it was signed by president Richard M. Nixon.

This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs. These regulations are put into place to help reduce the number of on the job injuries and deaths.

The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the

“Everyone has the right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSHA Act.”

In 1970 OSHA was designed to set in place guidelines to organize and regulate practices to reduce the injuries and accidents in the work place. These guidelines are there to both protect the worker and the employer. If the health care worker follows these important guidelines and is injured, the employer is responsible. However, if the injury or accident is a result to the worker’s negligence or disrespect to the procedure and guidelines, then the worker is at fault.

Occupational Safety and Health Administration (OSHA) has come a lengthy way to cut the death rates of firefighters in half. In 1970, they implemented a plan to help change working conditions for all Americans. OSHA was charged with the accountability of fulfilling health and safety standards, conducting inspections, issuing citations and penalties for noncompliance of regulations. OSHA created a division called National Institute Occupational Safety and Health (NIOSH). This division, the NIOSH, conducted research on the causes and prevention of work-related illnesses, injuries, and deaths, then provide information on what new measures can be used to prevent this from occurring so often. The group was

Some of the policies and procedures enforced by OSHA include but are not limited to purchasing equipment that has been deemed safe for use by the organization, Offering hepatitis B vaccinations to all employees who have come in contact with any bodily fluids and blood, Schedule at least one employee that's certified in first aid in each shift and finally report to OSHA within 48 hours of any workplace accidents that have resulted in an employee's death or hospitalization of five or more employees.

OSHA regulates the “general industry”, therefore the industry has to comply with OSHA standards. However, OSHA does exclude agriculture, construction, and maritime businesses. OSHA also does not cover self-employed businesses, or businesses with less than 10 employees (family members don’t count).The purpose of OSHA is to: “Assure the safety and health of workers at the workplace, wherever that may be.” They enforce standards by providing training, outreach, education, and assistance. OSHA also provides employees with training as well as gives them the right to requesting a inspection of their workplace environmentPresident Nixon and Congress helped create the OSHA Act of 1970 and it was later established in 1971. One who brought OSHA into

The Occupational Safety and Health Act of 1970 (OSHA) was developed and approved because of the escalating costs of accidents and illnesses in the workplace. According to Gomez-Mejia, Balkin, and Cardy (2010), OSHA is a national law that requires organizations to offer a safe and healthy workplace, to conform with particular occupational and health standards, and to document job-related injuries and diseases.

Guglielmo (2004) identifies a guide to OSHA regulations for employers. Dynamic Duo has three days according to OSHA laws to decide if they are going to argue the citations or to fix the issues. Additionally the employer is required to post a copy of each citation at or close to where the violation occurred for a minimum of three days or until the violation is fixed, whichever is longer. The company has a maximum of 15 days to respond to the citations (pg. 4). An organization should have an attorney they console with to make sure that they are in compliance with laws and what to do in case a lawsuit occurs against their organization.

Current events that surround safety and involvement in these unsafe related subjects seen as oversight in the area personal protective equipment. In the OSHA news release dated 02/24/2016 OSHA reported that the company “OSHA cited Heritage Thermal Services for failing to: Monitor work areas and evaluate the effectiveness of respirators. Implement a decontamination procedure. Provide adequate personal protective equipment and ensure it was used by employees” (OSHA, 2016). In the article it is clear that this company has violated the “General Duty Clause” that OSHA has prescribed as a mandate to follow. Based on this report OSHA goes on to say that “CLEVELAND - Federal inspectors found toxic exposure to aniline that sent a 56-year-old service

In its first year of operation, OSHA was allowed to adopt regulations set by specific associations, for example, the American Conference of Governmental Industrial Hygienists, without experiencing all of the necessities of an ordinary rulemaking. OSHA is allowed to promulgate standards that recommend the strategies employers are legitimately required to follow to protect the workforce from dangers. Before OSHA can issue a standard, it must experience an exceptionally broad and protracted process that incorporates substantial open engagement, notice and comment. The agency must demonstrate that a huge hazard to staff exists and that there are practical measures employers can take to protect staff.

The employer also has to comply with all standards, rules, and regulations that are set forth by OSHA and the OSH Act. Employers are required to inspect the workplace to insure they are up to OSHA standards. Insure that employees are only using safe tools and equipment that are in their proper condition. It should be easy for the employees to be aware of potential hazards by the employer posting signs, using color codes, labels, or signs to convey warning. Employees must be trained in a language that they understand. Operating procedures must be in place and properly communicated to the employees to assure the employees follow safety and health standards. Employers that house or use hazardous chemicals will be required to have hazardous communication program and for that all the employees to be trained on exposure and precautions. Employers are to fund medical exams if required by OSHA standards. The OSHA poster must placed in a prominent location at the workplace. Records need to be kept of work-related injuries and illnesses. The log of these injuries and illnesses need to made available on February 1st for three months. Assure employees have access to medical and exposure records. Provide a workplace free of discrimination. OSHA citations must be posted at or near the work area where the infraction occurred. The citation must be in place for three working days or until the