How can osha enforce its standards

An OSHA inspector will take a walk through a facility to look for hazards and practices that might prevent the facility from operating safely. It would be impractical for OSHA to inspect every single workplace, so there are four priority levels for inspections:.

Imminent danger. If OSHA becomes aware of workplace conditions that could reasonably cause death or serious physical harm, an inspection will be made as soon as possible. Severe injuries and illnesses. In response to an event that results in serious harm, OSHA will inspect the facility where the event occurred. This includes hospitalization of an employee, an amputation, or physical loss of an eye.

When workers alert OSHA to a hazard in their workplace, these allegations are taken seriously. OSHA also follows up on referrals from other agencies, organizations, and individuals. Targeted inspections. If OSHA finds violations of its standards in one inspection, a follow-up inspection will often be scheduled to confirm that the employers have taken the necessary steps to improve safety.

After an inspection, the compliance officers will review findings and decide if a citation is necessary. Question 3 : Is any consideration given to the effect the cost of coming into compliance will have on an organization's budget and, is the organization allowed some time to work the cost into its budget? Reply : An organization's budget is not normally taken into consideration in determining penalties to be assessed on citations.

However, after a citation is issued, if an employer presents at an informal conference convincing evidence of inability to pay a penalty because of financial difficulties, the Area Director may determine that a penalty reduction is appropriate.

Question 4 : What is the procedure to help employers come into compliance when equipment does not completely meet the OSHA standard? Reply : The purpose and goal of OSHA is to assure safe and healthful workplaces for all employees, and to that end, it is our policy for CSHO's, during the course of inspections, to offer appropriate abatement suggestions to the employer.

This information is meant to provide guidance to the employer in developing acceptable abatement methods or in seeking appropriate professional assistance.

OSHA is willing to work with employers even after citations have been issued to achieve effective abatement of hazards. Question 5 : Please address a problem concerning a health clinic that had and eyewash station in place and was ordered to replace it with a more expensive model. Judicial action can produce a temporary restraining order immediate shutdown of the operation or section of the workplace where the imminent danger exists.

Walking off the job because of potentially unsafe workplace conditions is not ordinarily an employee right. To do so may result in disciplinary action by the employer. However, an employee does have the right to refuse in good faith to be exposed to imminent danger. OSHA rules protect employees from discrimination if:. Second priority is given to investigation of fatalities and catastrophes resulting in hospitalization of three or more employees.

Such situations must be reported to OSHA by the employer within eight hours. Investigations are conducted to determine if OSHA standards were violated and to avoid recurrence of similar accidents. Third priority is given to employee complaints of alleged violations of standards or of unsafe or unhealthy working conditions.

Also included in this category are serious referrals of unsafe or unhealthy working conditions from other sources, such as local or state agencies or departments. The Act gives each employee the right to request an OSHA inspection when the employee feels he or she is in imminent danger from a hazard or when he or she feels that there is a violation of an OSHA standard that threatens physical harm.

If requested, OSHA will maintain confidentiality, will inform the employee of any action it takes regarding the complaint and, will hold an informal review of any decision not to inspect. Next in priority are programmed, or planned, inspections aimed at specific high-hazard industries, occupations or health substances. Industries are selected for inspection on the basis of factors such as the death, injury and illness incidence rates, and employee exposure to toxic substances.

Special emphasis may be regional or national in scope, depending on the distribution of the workplaces involved. States with their own occupational safety and health programs may use somewhat different systems to identify high-hazard industries for inspection. OSHA also may do this of its own accord. So that employers may continue to operate under existing conditions until a variance decision is made, they may apply to OSHA for an interim order. Application for an interim order may be made either at the same time as, or after, application for a variance.

Reasons why the order should be granted may be included in the interim order application. If the interim order is granted, the employer and other concerned parties are informed of the order, and the terms of the order are published in the Federal Register see p.

The employer must inform employees of the order by giving a copy to the authorized employee representative add by posting a copy wherever notices are normally posted.

If an employer is participating in an experiment to demonstrate or validate new job safety and health techniques, and that experiment has been approved by either the Secretary of Labor or the Secretary of HHS, a variance may be granted to permit the experiment.

In addition to temporary, permanent, arid experimental variances, the Secretary of Labor also may find certain variances justified when the national defense is impaired. For further information and assistance in applying for a variance, contact the nearest OSHA office.

Variances are not retroactive. An employer who has been cited for a standards violation may not seek relief from the citation by applying for a variance. The fact that a citation is outstanding, however, does not prevent an employer from filing a variance application.

OSHA continually reviews its standards to keep pace with developing and changing industrial technology. Therefore, employers and employees should be aware that, just as they may petition OSHA for the development of standards, they also may petition OSHA for modification or revocation of standards.

Advisory Committees If OSHA determines that a specific standard is needed, any of several advisory committees may be called upon to develop specific recommendations. Emergency Temporary Standards Under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately and are in effect until superseded by a permanent standard.