OSHA OSHA OSHA OSHA OSHA OSHA

OSHA OSHA OSHA OSHA OSHA OSHA

OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA All About
OSHA OSHA
OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA
U.S. Department of Labor
Occupational Safety and Health Adminstration
OSHA
OSHA OSHA OSHA OSHA OSHA
OSHA 2056
2000 (Revised) OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
OSHA OSHA OSHA OSHA OSHA OSHA
All About OSHA
U.S. Department of Labor
Occupational Safety and Health Administration

OSHA 2056
2000 (Revised)

This informational booklet provides a generic

overview of OSHA requirements and does not
itself alter or determine compliance responsibili-
ties, which are set forth in the Occupational
Safety and Health Act and in OSHA standards.
Moreover, because interpretations and enforce-
ment policy may change over time, the reader
should consult current administrative interpreta-
tions and decisions by the Occupational Safety
and Health Review Commission and the courts
for additional guidance on OSHA compliance
requirements.

Material contained in this publication is in the

public domain and may be reproduced, fully or
partially, without the permission of the Federal
Government. Source credit is requested but not
required.
__________________________________

This information will be made available to

sensory impaired individuals upon request.
Voice phone: (202) 693-1999.
All About OSHA
U.S. Department of Labor
Occupational Safety and Health Adminstration
OSHA 2056
2000 (Revised)
Contents

Introduction ........................................................................................................ 1

What Is OSHA? .................................................................................................. 2

How Can I Find Out More About OSHA and What It Covers? ......................... 4

Who Needs to Know About OSHA? .................................................................. 6

How Do States Operate Their Own Safety and Health Programs? .................... 8

What Are My Responsibilities Under the OSH Act .......................................... 10

What Are My Rights Under the OSH Act ......................................................... 11

Do Employees Have Additional Legal Rights? ................................................ 13

What Does OSHA Require? ............................................................................. 15

Are There Any Other Requirements I Should Know About? ........................... 20

How Does OSHA Enforce Its Standards? ........................................................ 25

What Happens During an OSHA Inspection? .................................................. 27

What Happens After an OSHA Inspection? ..................................................... 31

Can I Question OSHA Results ......................................................................... 33

How Can OSHA Help Me? .............................................................................. 35

Related OSHA Publications ............................................................................. 41

OSHA Regional Offices ................................................................................... 42

OSHA Area Offices .......................................................................................... 43

States with Approved Plans .............................................................................. 50

OSHA Consultation Projects ............................................................................ 53

Index ................................................................................................................. 59

What Is OSHA? v
Introduction
Determined to do something about the high To achieve these objectives, OSHA uses
numbers of job-related deaths and injuries to • Strong enforcement to target workplaces with
workers in the 1970s, President Richard M. the highest injury and illness rates.
Nixon signed the Occupational Safety and • Creative partnerships to develop new ways of
Health Act on December 29, 1970. The OSH Act working with employers, employees, and
created the Occupational Safety and Health other stakeholders.
Administration (OSHA), which formally came • Improved rulemaking to meet the challenges
into being on April 28, 1971. of the 21st century.
• Expanded outreach and training to create safe
The OSH Act also established the National and healthful working environments.
Institute for Occupational Safety and Health, or
NIOSH. NIOSH is the research agency for Establishing a safe and healthful working envi-
occupational safety and health. It is not part of ronment requires every employer and every
OSHA, but is considered a sister agency. worker to make safety and health a top priority.
NIOSH is part of the U.S. Department of Health The entire work force—from the CEO to the
and Human Services, Centers for Disease Contol most recent hire—must recognize that worker
and Prevention. safety and health are central to the mission and
key to the profitability of the American com-
Since its inception, OSHA’s job has been to pany.
protect American workers. OSHA’s main goal
is to send every worker home and whole and OSHA’s job is to provide leadership and encour-
healthy every day. To do this, the agency fo- agement to workers and employers to take that
cuses on three objectives: responsibility seriously.
• Improve workplace safety and health by
reducing injuries, illnesses, and fatalities.
• Change workplace culture by increasing
employer and employee commitment to
improved safety and health.
• Secure public confidence through excellence
in developing and delivering OSHA services.

Introduction 1
 What Is OSHA?
OSHA stands for the Occupational Safety and
Health Administration, an agency of the U.S. What does OSHA do?
Department of Labor. OSHA’s sole responsibil- OSHA’s mission is to protect American
ity is worker safety and health protection. workers. OSHA does the following:
• Encourages employers and employees to
How and when was OSHA reduce workplace hazards and to imple-
created? ment new safety and health programs or
improve existing programs;
The U.S.Congress created OSHA under the • Develops mandatory job safety and
Occupational Safety and Health Act of 1970 health standards and enforces them
(the OSH Act).1 through worksite inspections, employer
assistance, and sometimes, by imposing
Why did Congress pass the citations or penalties or both;
• Establishes responsibilities and rights for
OSH Act ? employers and employees to achieve
A bipartisan Congress passed the law and estab- better safety and health conditions;
• Conducts research, either directly or
lished OSHA “... to assure so far as possible
through grants and contracts, to develop
every working man and woman in the nation safe
innovative ways of dealing with work-
and healthful working conditions and to preserve place hazards;
our human resources.” • Maintains a reporting and recordkeeping
system to monitor job-related injuries
Why is OSHA necessary? and illnesses;
• Establishes training programs to increase
OSHA began because, until 1970, no uniform the competence of occupational safety
and comprehensive provisions existed to protect and health personnel; and
against workplace safety and health hazards. • Develops, analyzes, evaluates, and
More than 100 million Americans spend their approves state occupational safety and
days on the job and the have a right to a safe and health programs.
healthful work environment. They are America’s • Provides technical and compliance
most valuable national resource. assistance, training and education, and
cooperative programs and partnerships to
In 1970, Congress considered annual figures help employers reduce worker accidents
such as these: and injuries.
• Job-related accidents accounted for more than
14,000 worker deaths.

1
Public Law 91-596, December 29, 1970; as amended by
P.L. 101-552, § 3101, November 5, 1990; as amended by
P.L. 105-198, July 16, 1998; as amended by P.L. 105-241,
September 29, 1998.

2 All About OSHA

• Nearly 2.5 million workers disabled by work-
Has OSHA made a
place accidents and injuries.
difference?
• Ten times as many person-days lost from job- Yes. Since OSHA’s inception, the nation has
related disabilities as from strikes. made substantial progress in occupational
• Estimated new cases of occupational diseases safety and health. For example, since 1970
totaled 300,000. OSHA has:
• Cut the work-related fatality rate in half.
In terms of lost productivity and wages, medical • Reduced overall injury and illness rates in
expenses, and disability compensation, the industries where OSHA concentrated its
burden on the nation’s commerce was stagger- attention.
ing. Human cost was beyond calculation. • Virtually eliminated brown lung disease
in the textile industry, and
Is there still a role for OSHA? • Reduced trenching and excavation
fatalities by 35 percent.
Yes. Even with these important successes,
significant hazards and unsafe conditions still
exist in U.S. workplaces. The reality remains
that each year:
• About 6,000 Americans die from workplace
injuries,
• An estimated 50,000 workers die from
illnesses caused by workplace exposures,
• Six million people suffer non-fatal workplace
injuries, and
• Injuries alone cost U.S. businesses more than
$125 billion.

OSHA’s role continues to be worker protection.

In recent years, however, OSHA has continued
to try new and different ways of working to
achieve its objectives. There is still an emphasis
on strong, but fair enforcement. Today, OSHA is
targeting workplaces with the highest injury and
illness rates to get the greatest impact. At the
same time, the agency is increasing its partner-
ship efforts along with expanded outreach and
training to help create safe and healthful working
environments. And the agency is trying to sim-
plify its rules through improved rulemaking and
regulations that make sense in plain language.

What Is OSHA? 3
 How Can I Find Out More About
OSHA and What It Covers?
What does OSHA have avail-
able to help me? What should an employer
Clearly, OSHA cannot succeed in its mission
without fully informed employers and employ- or employee do if there is a
ees. OSHA has a variety of products and workplace emergency?
programs to help employers comply with its You can call (800) 321-OSHA if there is a
regulations and improve workplace safety and life-threatening situation. Complaints will
health. go immediately to the nearest OSHA area
or state office for help.
There are several ways you can learn more
about OSHA and its programs.

Electronic Products Print Products

OSHA provides extensive information electroni- The agency also publishes booklets and fact
cally in the following formats: sheets on various aspects of OSHA policy and
• On the Internet—OSHA’s web site contains regulations. These include numerous publica-
standards, interpretations, directives, techni- tions on regulatory topics, such as hazard com-
cal advisors, compliance assistance, and munication, asbestos, bloodborne pathogens,
additional information. The address is and on programs such as consultation, voluntary
www.osha.gov. protection, grants, and training and education, to
• On CD-ROM—OSHA’s CD-ROM has a name a few.
wide variety of materials, including stan-
dards, interpretations, directives, and more. You can obtain publications either as a single,
You can purchase it from the U.S. Govern- free copy per request or for sale by the U.S.
ment Printing Office. Government Printing Office, 710 N. Capitol
Street, NW, Washington, DC 20401; (202) 512-
To order, write to the Superintendent of Docu- 0132 (phone); or (202) 512-1355 (fax).
ments, P.O. Box 371954, Pittsburgh, PA 15250- Or, visit GPO’s online bookstor at
7954 or phone (202) 512-1800. Specify OSHA www.access.gpo.gov/su_docs/sale/
Regulations, Documents and Technical Informa- abkst024.html.
tion on CD-ROM (ORDT), GPO Order No. S/N
729-013-00000-5. The price is $53 per year
($66.25 foreign); $17 per single copy ($21.25
foreign).

4 All About OSHA

For a list of available free OSHA publications, We encourage you to learn all you can
contact the OSHA Publications Office, P.O. Box about OSHA, its goals, policies, pro-
37535, Washington, DC 20013-7535; (202) grams, and practices, because they can
693-1888 (phone); or (202) 693-2498 (fax). A help protect you.
partial list appears at the end of this booklet.
Also visit OSHA’s website to access and down- The more you know about OSHA, the
load publications and other materials— better you can protect yourself or your
www.osha.gov. employees and contribute to safe and
healthful working conditions for all
Video products Americans.
OSHA has several videos available for loan.
Contact OSHA’s audiovisual production officer
at (202) 693-1999 or visit OSHA’s website at
www.osha.gov for more information.

Assistance
In addition, OSHA offers a number of programs
and initiatives to help employers comply with the
agency’s standards and guidelines. Please refer to
the section on “OSHA Assistance.”

For further information on any OSHA program,

contact your nearest OSHA area or regional
office listed at the end of this publication.

How Can I Find Out More About OSHA and What it Covers? 5
 Who Needs to Know About OSHA?
Nearly everyone in America works or has • Employees whose working conditions are
someone in the immediate family who does. regulated by other federal agencies under
Whether you are an employer, employee, or other federal statutes. These include mine
have a family member who works, you should workers, certain truckers and rail workers,
know about OSHA. The OSH Act covers: and atomic energy workers.
• All employers and their employees in the • Public employees in state and local govern-
50 states and all territories and jurisdictions ments. (See section on State Programs for
under federal authority. exceptions, p. 8.)

Those jurisdictions include the District of In cases where another federal agency regulates
Columbia, Puerto Rico, the Virgin Islands, safety and health working conditions in a par-
American Samoa, Johnston Island, the Canal ticular industry, OSHA standards still apply if
Zone, and the Outer Continental Shelf Lands the other agency’s regulations do not address
as defined in the Outer Continental Shelf Lands specific working conditions.
Act.

OSHA coverage includes

• Employers and employees in such varied As defined by the OSH Act, an employer
fields as manufacturing, construction, is any “person engaged in a business
longshoring, shipbuilding, ship breaking, affecting commerce who has employees,
ship repair, agriculture, law and medicine, but does not include the United States
charity and disaster relief, organized labor, or any State or political subdivision
and private education. of a State.”
• Religious groups to the extent they employ
workers for secular purposes.

The OSH Act covers employers and employees

either directly through federal OSHA or through
an OSHA-approved state program (see section
on State Programs, page 8).

Does the OSH Act exclude

anyone from coverage?
The OSH Act does not cover the following:
• The self-employed.
• Immediate members of farming families that
do not employ outside workers.

6 All About OSHA

Does the OSH Act cover federal How does OSHA’s authority in
workers? the federal sector differ from
Yes. Section 19 of the OSH Act makes federal that in the private sector?
agency heads responsible for providing safe In its federal sector authority,
and healthful working conditions for their • OSHA cannot propose monetary penalties
employees. OSHA conducts federal workplace against another federal agency for failure to
inspections in response to employee reports comply with OSHA standards.
of hazards. • OSHA does not have authority to protect a
federal employee “whistleblower.” The
The OSH Act also requires agencies to comply Whistleblower Protection Act of 1989 allows
with standards consistent with those OSHA present and former federal employees (except
issues for private sector employers. A 1998 for corporations and certain intelligence
amendment to Section 19 of the OSH Act now agencies) to file reports of reprisal with the
covers the Postal Service the same as any Office of Special Counsel at the U.S. Merit
private sector employer, including issuing Systems Protection Board.
citations and monetary penalties.
Does the OSH Act cover state
and local government
workers?
No. OSHA covers the private sector only. But a
What must federal agencies state can develop its own OSHA-approved
do to comply with the OSH occupational safety and health program for the
Act? prive sector. A state plan, however, that covers
private sector employees must also

• Operate comprehensive safety and health • Cover its state and local government workers
programs, AND
• Record and analyze injury and illness • Be at least as effective as federal OSHA
data, requirements.
• Provide training to all levels of personnel,
and States also may have OSHA-approved plans
• Conduct inspections to ensure compliance that cover only state and local government
with OSHA standards. employees.

Who Needs to Know About OSHA? 7

 How Do States Operate Their Own
Safety and Health Programs?
State plans are OSHA-approved job safety and In states with approved plans, OSHA generally
health programs operated by individual states limits its enforcement activity to areas not
instead of by federal OSHA. The OSH Act covered by the state and suspends all concurrent
encourages states to develop and operate their federal enforcement.
own job safety and health plans and precludes
state enforcement of OSHA standards unless the Once the state is operating at least as effectively
state has an approved plan. OSHA approves and as federal OSHA and other requirements are
monitors all state plans. met, final approval of the plan may be granted
and federal authority will cease in those areas
Once a state plan is approved under Section over which the state has jurisdiction.
18(b) of the OSH Act, OSHA funds up to 50
percent of the program’s operating costs. State Must the state program cover
plans must provide standards and enforcement
programs, as well as voluntary compliance
all workers?
States with approved plans cover most private
activities, that are ‘at least as effective as’ the
sector employees as well as state and local
federal OSHA program.
government workers in the state. Federal OSHA
continues to cover federal employees and certain
State plans covering the private sector also must
other employees specifically excluded by a state
cover state and local government employees.
plan—for example, maritime and military bases.
OSHA rules also permit states to develop plans
that cover only public sector (state and local
government) employees. In these cases, private
Do states conduct workplace
sector employment remains under federal OSHA inspections?
jurisdiction. Twenty-three states and two territo- States with approved state plans respond to
ries operate complete plans and two cover only accidents and workplace complaints and conduct
the public sector (see page 41 for a list of states random unannounced general schedule inspec-
with approved plans). tions just like federal OSHA. Citations and
proposed penalties are issued under state law
How does a state get OSHA and contests are adjudicated by a state review
approval for its plan? board or other procedure.
To gain OSHA approval as a ‘developmental
plan,’ the first step in the state plan approval
process, a state must have adequate legislative
authority and must demonstrate that within
3 years it will provide standards-setting, enforce-
ment, and appeals procedures; public employee
protection; a sufficient number of competent
enforcement personnel; and training, education,
and technical assistance programs.

8 All About OSHA

Does federal OSHA monitor Are state safety and health
state plans? standards the same as federal
Yes. Federal OSHA closely monitors state OSHA’s?
programs. Anyone finding inadequacies or other State safety and health standards under approved
problems in the administration of a state’s plans must either be identical to or at least as
program may file a complaint about state pro- effective as federal OSHA standards and must
gram administration (CASPA) with the appro- keep pace with federal standards. State plans
priate OSHA Regional Administrator. OSHA must adopt standards comparable to federal
investigates all such complaints and, where standards within 6 months of a federal standard’s
complaints are found to be valid, requires promulgation. Most state plan standards are very
appropriate corrective action on the part of similar to federal standards, but states with
the state. approved plans may have different and indepen-
dent standards.
Do employers and employees
in state plans have the same To find out if your state operates an OSHA-
approved state program, see the listing on
rights and responsibilities page 52.
as those under federal OSHA
jurisdiction?
State plans must guarantee the same employer For more information on state plans,
and employee rights as does OSHA. Employer contact the state plan in your state or visit
and employee responsibilities in states with their OSHA’s web site at http://www.osha.gov/.
own occupational safety and health programs
are generally the same as in federal OSHA
states.

How Do States Operate Their Own Safety and Health Programs? 9

 What Are My Responsibilities
Under the OSH Act?
If you are an employer the OSH Act covers, you • Provide employees, former employees, and
must: their representatives access to the OSHA 200
• Meet your general duty responsibility to form at a reasonable time and in a reasonable
provide a workplace free from recognized manner;
hazards; • Provide access to employee medical records
• Keep workers informed about OSHA and and exposure records;
safety and health matters with which they are • Cooperate with OSHA compliance officers;
involved. • Not discriminate against employees who
• Comply in a responsible manner with stan- properly exercise their rights under the OSH
dards, rules, and regulations issued under the Act;
OSH Act; • Post OSHA citations and abatement verifica-
• Be familiar with mandatory OSHA standards; tion notices at or near the worksite involved;
• Make copies of standards available to and
employees for review upon request; • Abate cited violations within the prescribed
• Evaluate workplace conditions; period.
• Minimize or eliminate potential hazards;
• Make sure employees have and use safe, If you are an employee the OSH Act covers, you
properly maintained tools and equipment should:
(including appropriate personal protective • Read the OSHA poster at the job site;
equipment); • Comply with all applicable OSHA standards;
• Warn employees of potential hazards; • Follow all employer safety and health rules
• Establish or update operating procedures and and regulations, and wear or use prescribed
communicate them to employees; protective equipment while engaged in work;
• Provide medical examinations when required; • Report hazardous conditions to the supervisor;
• Provide training required by OSHA standards; • Report any job-related injury or illness to the
• Report within 8 hours any accident that results employer, and seek treatment promptly;
in a fatality or the hospitalization of three or • Cooperate with the OSHA compliance officer
more employees; conducting an inspection; and
• Keep OSHA-required records of work-related • Exercise your rights under the OSH Act in a
injuries and illnesses, unless otherwise speci- responsible manner.
fied (see page 19);
• Post a copy of the OSHA 200—Log and Although OSHA does not cite employees for
Summary of Occupational Injuries and Ill- violations of their responsibilities, each em-
nesses for the prior year each year during the ployee must follow all applicable standards,
entire month of February unless otherwise rules, regulations, and orders issued under the
specified (see page 20). (See OSHA 200 form OSH Act. OSHA, however, does not expect
at the end of this publication.); employees to pay for guardrails, floor cleaning,
• Post, at a prominent location within the equipment maintenance, respirators, training, or
workplace, the OSHA poster (OSHA 2203) other safety and health measures.
informing employees of their rights and
responsibilities;

10 All About OSHA

What Are My Rights Under
the OSH Act?
If you are an employer the OSH Act covers, you What is NIOSH?
have the right to:
NIOSH, an agency separate from OSHA,
• Seek free advice and off-site consultation;
is part of the U.S. Department of Health and
• Be involved in job safety and health through
Human Services. NIOSH, also established
your industry association;
by the OSH Act, is the research agency for
• Request and receive proper identification
occupational safety and health. For more
from OSHA compliance officers;
information call, 1-800-35-NIOSH or visit
• Be advised by the compliance officer of the
its website at www.cdc.gov/niosh.
reason for an inspection;
• Have an opening and closing conference with
the compliance officer;
• Accompany the compliance officer on the
If you are an employee the OSH Act covers, you
inspection;
have the right to:
• File a Notice of Contest to dispute inspection
• Review copies of appropriate OSHA stan-
results; dards, rules, regulations, and requirements that
• Request an informal settlement agreement the employer should have available at the
process after an inspection; workplace;
• Apply for a variance from a standard’s • Request information from your employer on
requirements when you cannot fully comply safety and health hazards, precautions, and
with the effective date due to lack of techni- emergency procedures;
cal expertise and materials, and when other • Receive adequate training and information;
proven effective means are in place to protect • Request that the OSHA Area Director investi-
employees; gate if you believe hazardous conditions or
• Take an active role in developing safety and violations of standards exist in your work-
health; place;
• Be assured of the confidentiality of any trade • Have your name withheld from your employer
secrets; and if you file a complaint;
• Be advised of OSHA actions regarding your
• Submit a written request to the National
complaint and have an informal review of any
NIOSH for information on whether any
decision not to inspect or to issue a citation;
substance in your workplace has potentially • Have your authorized employee representative
toxic effects in the concentrations being used. accompany the OSHA compliance officer;
• Submit information or comments to OSHA • Respond to questions from the OSHA
on the issuance, modification, or revocation compliance officer;
of OSHA standards and request a public • Observe any monitoring or measuring of
hearing. hazardous materials and see any related
monitoring or medical records;

What Are My Rights Under the OSH Act? 11

 • Review the Log and Summary of Occupa-
tional Injuries and Illnesses (OSHA 200), if
your employer is required to maintain it, at a
reasonable time and in a reasonable manner;
• Request a closing discussion following an
inspection;
• Submit a written request to the NIOSH for
information on whether any substance in your
workplace has potentially toxic effects in the
concentrations being used and have your name
withheld from your employer;
• Object to the abatement period set in a citation
issued to your employer;
• Participate in hearings conducted by the
Occupational Safety and Health Review
Commission;
• Be notified by your employer if he or she
applies for a variance, and testify at a variance
hearing and appeal the final decision; and
• Submit information or comments to OSHA on
the issuance, modification, or revocation of
OSHA standards and request a public hearing.

12 All About OSHA

Do Employees Have Additional
Legal Rights?
Do the OSH Act and other Can an employer retaliate
laws provide employees any against an employee who
additional legal rights? exercises this right?
Yes. A number of different laws provide employ- An employer may not retaliate if an employee
ees more rights in safety and health matters, exercises these or any other rights under the
including the following: OSH Act. This means that an employer may not
• Fire,
The OSH Act, Section 11(c)—gives employees • Demote,
the right to seek safe and healthful conditions on • Take away seniority or other earned benefits,
the job without fear of punishment. • Transfer to an undesirable job or shift, or
• Threaten or harass

Under Section 11(c), any worker who complains about safety and
employees may exercise health conditions or participates in
such rights as: job safety-related activities.
• Voicing concerns to an employer, union,
The Surface Transportation Assistance Act—
OSHA, any other government agency,
protects truckers and certain other employees in
or others about job safety or health
the trucking industry against reprisal when filing
hazards;
complaints or acting in response to safety
• Filing safety or health grievances;
hazards or unsafe equipment (Title 29 of the
• Participating in a workplace safety and
Code of Federal Regulations (CFR ), Part 1978;
health committee or in union activities
see also Standards and Regulations at
concerning job safety and health;
www.osha.gov).
• Participating in OSHA inspections,
conferences, hearings, or other OSHA-
The Asbestos Hazard Emergency Response Act
related activities; and
(AHERA), Section 211—protects employees of
• Refusing to work when a dangerous
primary and secondary schools who complain of
situation threatens death or serious
exposure to asbestos (see 40 CFR 763; or visit
injury where there is insufficient time to
the Environmental Protection Agency’s (EPA)
contact OSHA and where the employee
website at wwww.epa.gov).
has sought from his or her employer and
been unable to obtain a correction of the
The International Safe Container Act (ISCA),
dangerous conditions.
Section 7—prevents reprisal or discrimination
against any employee who reports an unsafe
cargo container for land and sea carriers or has
reported any other violation of ISCA (see 49
CFR 450; or visit the Department of
Transportation’s (DOT) website at www.dot.gov).

Do Employees Have Additional Legal Rights 13

 Do provisions in other laws
protect such whistleblowers?
Yes. OSHA enforces similar whistleblower
protection rights granted to employees covered
under the following federal statutes:
• The Toxic Substance Control Act;
• The Clean Air Act;
• The Federal Water Pollution Act;
• The Safe Drinking Water Act;
• The Solid Waste Disposal; and
• The Comprehensive Environmental Response,
Compensation and Liability Act; and
• The Energy Reorganization Act.

For further information about any of

these laws, contact your regional or area
OSHA office or visit OSHA’s website at
http://www.osha.gov/.

14 All About OSHA

What Does OSHA Require?
If the OSH Act covers me, • Ensure that employees have and use personal
what do I have to do to protective equipment when required for safety
comply? and health.
• Comply with the OSH Act’s “general duty
You have to abide by OSHA standards and clause” where there are no specific OSHA
requirements. standards.

Because OSHA develops effective safety and OSHA standards also generally require that
health standards of its own, the OSH Act super- employees:
sedes any standards issued under the following • Comply with all safety and health rules and
laws administered by the Department of Labor: regulations that apply to their own actions and
the Walsh-Healey Act, the Services Contract Act, conduct. Only employers receive OSHA
the Construction Safety Act, the Arts and Hu- citations and penalties.
manities Act, and the Longshoremen’s and
Harbor Workers’ Compensation Act. What types of workplaces have
to comply with OSHA stan-
What are OSHA standards dards?
and what do they require? Agency standards address hazards in a number
OSHA standards establish requirements for of industries:
maintaining safe and healthful workplaces. • General industry (manufacturing, the service
sector, health care, government agencies, and
In general, standards require that employers: academia);
• Maintain conditions or adopt practices • Construction;
reasonably necessary and appropriate to • Agriculture; and
protect workers on he job. • Maritime.
• Be familiar with and comply with standards
applicable to their establishments. What kinds of hazards do
OSHA standards address?
OSHA issues standards for a wide variety of
workplace hazards, including:
What is the “general duty • Toxic substances;
clause?” • Harmful physical agents;
The general duty clause, or Section 5(a)(1) • Electrical hazards;
of the OSH Act, requires that each employer • Fall hazards;
“furnish ... a place of employment which is • Hazardous waste;
free from recognized hazards that are • Infectious diseases;
causing or are likely to cause death or • Fire and explosion hazards;
serious physical harm to employees.” • Dangerous atmospheres; and
• Machine hazards.

What Does OSHA Require? 15

 Where can I get a copy of All advisory committees, standing or ad hoc,
an OSHA standard? must have members representing management,
The standards are available in hard copy, labor, and state agencies as well as one or more
on CD-ROM, or on the OSHA web page designees of the Secretary of HHS. Members
at www.osha.gov. (See also section, “How also may include representatives of occupational
Can OSHA Help Me?” on page 35 of this safety and health professions and the general
publication.) public.

OSHA’s standing, or statutory, advisory commit-

tees are as follows:
How does OSHA decide to • The National Advisory Committee on
develop a standard? Occupational Safety and Health
(NACOSH), which advises, consults with,
OSHA can begin standards-setting procedures on and makes recommendations to the Secretary
its own initiative or in response to petitions from of HHS and to the Secretary of Labor on
other parties, including the following: matters regarding the administration of the
• The Secretary of Health and Human Services OSH Act.
(HHS), • The Advisory Committee on Construction
• NIOSH, Safety and Health (ACCSH), which advises
• State and local governments, the Secretary of Labor on construction safety
• Nationally recognized standards-producing and health standards and other regulations.
organizations and employer or labor represen-
tatives, or Other continuing advisory committees include
• Any other interested parties. the following:
• The Federal Safety and Health Advisory
The Department of Labor publishes in the Fed- Committee (FACOSH), which advises the
eral Register each April and October a list of all Secretary of Labor on all aspects of federal
regulations OSHA is considering. agency safety and health.
• The Maritime Advisory Committee for
Do other groups help the Occupational Safety and Health
agency develop standards? (MACOSH), which advises the Secretary of
Yes. OSHA calls on its various advisory commit- Labor on workplace safety and health pro-
tees to develop specific recommendations if the grams, policies, and standards in the maritime
agency determines the need for a specific stan- industry.
dard. There are two standing committees, and
OSHA may appoint ad hoc committees to exam- Over the years, OSHA also has formed short-
ine special areas of concern. term advisory committees to advise on various
standards-related topics such as metalworking
fluids and steel erection.

16 All About OSHA

How does OSHA Can other government
promulgate its standards? agencies recommend
OSHA develops plans to propose, amend, workplace standards?
or revoke a standard. Yes. NIOSH, for example, can recommend
standards to OSHA.
It then publishes its intentions in the
Federal Register … NIOSH conducts research on various safety and
… either as an “Advance Notice” or health problems, provides technical assistance to
announcement of a meeting to solicit OSHA, and recommends standards for OSHA’s
information to be used in drafting a adoption.
proposal, or
… a “Notice of Proposed Rulemaking,” Can OSHA issue a standard to
which sets out the new rule’s requirements address an emergency hazard
and provides a specific time for the public
to respond.
or situation?
Under certain limited conditions, OSHA can set
Interested parties submit written arguments emergency temporary standards that take effect
and pertinent evidence. OSHA schedules a immediately and remain in effect until super-
hearing, if requested. seded by a permanent standard. In these rela-
tively rare instances, OSHA must determine that
Finally, after considering public comments, • Workers are in grave danger due to exposure
evidence, and testimony, OSHA publishes to toxic substances or agents determined to be
• The full text of any standard amended or toxic or physically harmful or to new hazards,
adopted and the date it becomes effec- AND
tive, along with an explanation of the • An emergency standard is necessary to protect
standard and the reasons for implement- them.
ing it; OR
• A determination that no standard or OSHA then publishes the emergency temporary
amended need to be issued. standard in the Federal Register, where it also
serves as a proposed permanent standard. The
In addition, OSHA must submit its final usual procedures for adopting a permanent
rules to the Congress for review. The standard apply, except that a final ruling should
Congress can disapprove a rule under an be made within 6 months.
expedited procedure established by the
1996 Small Business Regulatory Enforce-
ment Act, or SBREFA.

What Does OSHA Require? 17

 What if I disagree with a new Does a petition for review
standard or can’t comply with delay enforcement of a
agency requirements? standard?
An employer who can’t comply with new re-
Filing an appeals petition will not delay enforce-
quirements or anyone who disagrees with a new
ment of a standard, unless the Court of Appeals
standard can:
specifically orders it. OSHA promulgates perma-
• Petition a court for judicial review;
nent standards only after due consideration of
• Request a permanent, temporary, or experi-
the arguments and data received from the public
mental variance from a standard or regulation;
in written submissions and at hearings.
OR
• Apply for an interim order.
What is a variance?
A variance is a mechanism through which
Can employers and employees employers apply for formal permission to devi-
ate from a standard’s requirements or time
petition OSHA to modify or frame.
withdraw standards or
requirements? When can an employer
Yes. Employers and employees may petition request a variance from an
OSHA to modify or revoke standards just as they OSHA standard?
may petition the agency to develop standards.
Employers may ask OSHA for a variance from:
OSHA continually reviews its standards to keep
• A newly promulgated standard or regulation if
pace with developing and changing industrial
they cannot fully comply by the effective date
technology.
due to shortage of materials, equipment, or
professional or technical personnel; OR
Who can file a petition for • Requirements of a standard or regulation if
judicial review? they can demonstrate that their alternative or
Anyone who may be adversely affected by a alternatives provide employees with protec-
final or emergency standard may file a petition tion “as effective” as that provided by the
for judicial review. The objecting party must file standard or regulation.
the petition within 60 days of the rule’s publica-
tion with the U.S. Court of Appeals for the
circuit in which the objector lives or has his or
her principal place of business.

18 All About OSHA

Are there different types of How can I get more
variances? information about
Yes. There are temporary, permanent, and variances?
experimental variances. For further information and assistance in
applying for a variance, contact the nearest
An employer applies for a temporary variance OSHA office listed at the end of this booklet.
if he or she cannot comply with a standard or Information also is available on OSHA’s web
regulation by its effective date because profes- site at www.osha.gov.
sional or technical personnel, material or equip-
ment are not available, or because the necessary
construction or alteration of facilities cannot be
completed in time.
If an employer applies for a
An employer who can prove that working variance, will OSHA forgive
conditions, practices, means, methods, opera-
tions, or processes at his or her worksite are as
any citations he or she has
safe and healthful as compliance with the stan- already received?
dard may apply for a permanent variance. Variances are not retroactive. An employer who
has been cited for violating a standard may not
An employer may apply for an experimental seek relief from that citation by applying for a
variance if he or she is participating in an effort variance.
to demonstrate or validate new job safety and
health techniques, and either the Secretary of The fact that a citation is outstanding, however,
Labor or the Secretary of HHS has approved that does not prevent an employer from filing a
experiment. variance application. OSHA may decline to
accept a variance application under certain
Can an employer continue to circumstances.
operate his or her worksite Does OSHA require employers
while waiting for a decision to comply with anything else
on a variance application? aside from its standards?
Employers may apply to OSHA for an interim
order so they may continue to operate under Yes. OSHA has recordkeeping regulations1 that
require certain employers to maintain records
existing conditions until OSHA determines
of workplace
whether to grant the variance. • Injuries,
• Illnesses, and
• Deaths.

What Does OSHA Require? 19

 Are There Any Other Requirements
I Should Know About?
All employers must report each work-related
fatality and accident that hospitalize three or Reporting and
more employees to OSHA within 8 hours of the recordkeeping checklist
incident. ✔ Maintain injury and illness records,
✔ Report each fatality,
Why does OSHA require ✔ Report each accident that hospitalizes
employers to keep records 3 or more employees,
✔ Make records accessible to employees,
of injuries, illnesses, and ✔ Allow OSHA access to records, and
fatalities? ✔ Post annual summary of injuries, and
OSHA’s recordkeeping requirements,1 as set out illnesses.
in the OSH Act, establish an effective, central-
ized, nationwide system for monitoring occupa-
tional safety and health problems—a vital
requirement for gauging problems and solving
them. Prior to the OSH Act, some states and
What does an employer have
private organizations collected statistics on job to do to comply with OSHA’s
injuries and illnesses but national figures were reporting and recordkeeping
based on not-altogether-reliable projections. requirements?
OSHA’s reporting and recordkeeping regula-
Keeping records allows OSHA to compile
tions set a number of requirements:
survey material, helps identify high-hazard
industries, and informs employees about their • Employers must maintain records in each
employers’ workplace safety record. establishment of occupational injuries and
illnesses as they occur and make those
records accessible to employees.
• All employers must report within 8 hours the
death of any employee from a work-related
incident or the in-patient hospitalization of
three or more employees as a result of a
work-related incident. Such reports may be
made by telephone or in person to the nearest
OSHA Area Office (see p. 43) or by calling
OSHA’s emergency toll-free number (1-800-
321-OSHA).

1
Note that OSHA is in the process of revising the entire
injury and illness recordkeeping regulation, Title 29 of the
Code of Federal REgulations, Part 1904, forms, and
interpretive materials.

20 All About OSHA

• All employers must post during the month of Do employers have to comply
February an annual summary of occupational
injuries and illnesses for each establishment.
with recordkeeping and
• All employers must provide, upon request, reporting requirements under
pertinent recordkeeping records for inspection other OSHA standards?
and copying by any representative of the Yes. Many specific OSHA standards have addi-
Secretary of Labor, the Secretary of Health, tional recordkeeping and reporting requirements.
Education, and Welfare, or the state during
any investigation, research, or statistical
compilation.
Does OSHA exempt any
employers from complying
Do employers with fewer than with certain recordkeeping
11 employees have to keep requirements?
OSHA injury and illness OSHA exempts employers in the following
records? industries: retail trade (except building materials,
general merchandise stores, and food stores),
Employers with 10 or fewer employees are finance, insurance, real estate, and service
exempt from maintaining the OSHA log of industries, except hotels and other lodging
injuries and illnesses unless the Bureau of Labor places, repair services, amusement and recre-
Statistics (BLS) or OSHA notifies them that they ation services, and health services.
have been selected to participate in a mandatory
data collection. Exempt employers, like nonexempt employers,
must comply with requirements to display
Employers in the following low-hazard an OSHA poster and report to OSHA within
industries are exempt from OSHA’s 8 hours any accident that results in one or more
recordkeeping and reporting requirements: fatalities or the hospitalization of three or more
• Retail trade, except for SIC 52-54, build- employees.
ing materials, general merchandise
stores, and food stores, A few exempt employers will have to maintain
• Finance, records if OSHA or BLS selects them to partici-
• Insurance, pate in a mandatory data collection. The agency
• Real estate, and will notify those employers in advance and mail
• Service industries, except hotels and other them with the necessary forms and instructions.
lodging places, repair services, amuse-
ment and recreation services, and health
services.

Are There Any Other Requirements I Should Know About? 21

 What does the agency Which fatalities must
consider an occupational employers record?
injury or illness? Any work-related fatality must be recorded
The agency defines occupational injuries and regardless of the length of time between the
illnesses in the following way: injury and death.
• An occupational injury is any injury such
as a cut, fracture, sprain, or amputation
that results from a work-related accident Does an employer have any
or from exposure involving a single additional responsibilities
incident in the work environment. following the death of a
• An occupational illness is any abnormal
worker or the hospitalization
condition or disorder, other than one of several workers after a
resulting from an occupational injury, workplace incident?
caused by exposure to environmental If an on-the-job accident occurs that results in the
factors associated with employment. death of an employee or the hospitalization of
Included are acute and chronic illnesses or three or more employees, all employers, regard-
diseases that may be caused by inhalation, less of number of employees, must report the
absorption, ingestion, or direct contact accident, in detail, to the nearest OSHA office
with toxic substances or harmful agents. within 8 hours of learning about it.

What do employers need to do

Must employers record all to maintain recordkeeping
occupational injuries forms?
and illnesses? Employers must log injuries and illnesses on
recordkeeping forms and keep the logs current
All occupational illnesses must be recorded
and retained:
regardless of severity.
• For 5 years at each establishment and make
them available for inspection by representa-
All occupational injuries must be recorded if
tives of OSHA, the Department of Health and
they result in
Human Services, the Bureau of Labor Statis-
• Death;
tics, or the designated state agency; and
• One or more lost workdays;
• The logs must be updated to reflect any
• Restriction of work or motion;
changes that occur.
• Loss of consciousness;
• Transfer to another job; or
• Medical treatment (other than first aid).

22 All About OSHA

 Should I send the Summary What forms do employers need
of Injuries and Illnesses to maintain?
to OSHA? Only two forms are needed for recordkeeping:
DO NOT send any recordkeeping forms • OSHA 200, Log and Summary of
to OSHA or any other agency. Occupational Injuries and Illnesses. Em-
You maintain and post it in your workplace. ployers must log each recordable occupational
injury and illness on this form within 6 work-
ing days from the time the employer learns of
it. A complete copy current to within 45
Do employers with multiple calendar days must be present at all times in
work sites have to keep the establishment if the employer prepares the
log at a central location using automatic data
recordkeeping forms at each processing equipment. A substitute for the
site? OSHA 200 is acceptable if it is as detailed,
Employers must keep injury and illness records readable, and understandable as the OSHA
for each establishment. An employer whose 200.
employees work in dispersed locations must keep
records at the place where the employees report • OSHA 101, Supplementary Record of
for work. In some situations, employees do not Occupational Injuries and Illnesses. Each
report to work at the same place each day. In that employer must complete the OSHA 101 form
case, records must be kept at the place from within 6 working days from the time the
which they are paid or at the base from which employer learns of the work-related injury or
they operate. illness. This form asks for more detailed
information about each injury or illness.
Employers may use a substitute for the OSHA
101 (such as insurance or workers’ compensa-
What does OSHA consider tion forms) if the substitute form contains
an “establishment?” all required information or is supplemented
to do so.
OSHA defines establishment as a “single
physical location where business is con-
OSHA is in the process of revising these two
ducted or where services are performed.”
forms. The agency expects to publish a final rule
implementing new forms in 2000.

Are There Any Other Requirements I Should Know About? 23

 When do employers have What if an establishment has
to post the injury and no injuries or illnesses during
illness log? the year?
If there were no injuries or illnesses during the
Employers must post copies of the Sum- year, employers must enter zero on the totals line
mary of Occupational Injuries and Illnesses of the form and post it.
portion of the OSHA 200 no later than
February 1 and keep them in place until
March 1 of the following year to which the
What is OSHA’s annual
records pertain. survey?
Each year, OSHA collects information from
employers about particular worksites to better
What records must employers direct agency resources and improve worker
protection.
post at their workplaces?
Employers must display at each establishment, OSHA surveys each employer selected for
wherever they normally post notices to participation to indicate the number of workers
employees, the following: he or she employs and the number of hours
• A copy of the totals from the previous year’s those employees worked. The survey also asks
summary of occupational injuries and ill- those employers to send information they have
nesses, as identified for posting on the last already collected on the OSHA 200 log and
page of that year’s OSHA 200. summary form.
• The Job Safety and Health Protection work-
place poster, OSHA 2203 or state equivalent,
informing employees of their rights and
responsibilities under the OSH Act.
• Summaries of petitions for variances from
standards or recordkeeping procedures.
• Copies of all OSHA citations for violations of
standards. These must remain posted at or
near the location of alleged violations for
3 days, or until the violations are corrected,
whichever is longer.

24 All About OSHA

How Does OSHA Enforce Its Standards?
How does OSHA make sure What training and experience
that employers and employees qualify the compliance officers
are complying with its stan- to conduct inspections?
dards and regulations? OSHA compliance officers have specialized
The OSH Act authorizes OSHA to conduct knowledge and experience in the occupational
workplace inspections to enforce its standards. safety and health field, including industrial
Every establishment covered by the OSH Act hygiene, safety engineering, toxicology, and
is subject to inspection by OSHA compliance occupational medicine. They receive vigorous
safety and health officers. training on OSHA standards and how to
recognize safety and health hazards.
What does a compliance Does OSHA tell employers in
officer have the authority
to do? advance that they will be
The OSH Act authorizes OSHA compliance inspected?
officers—at reasonable times, in a reasonable No. OSHA conducts inspections without ad-
manner, and within reasonable time limits—to vance notice. In fact, anyone who alerts an
• Enter any factory, plant, establishment, con- employer in advance of an OSHA inspection
struction site, or other areas of the workplace can receive a criminal fine of up to $1,000 or a
or environment where work is being 6-month jail term or both.
performed;
• Inspect and investigate during regular work- Are there any exceptions?
ing hours any such place of employment and
There are special circumstances under which
all pertinent conditions, structures, machines,
OSHA may give advance notice to the employer.
apparatus, devices, equipment, and materials;
Even then, such notice will be less than 24
• Inspect and investigate at other times any
hours. These special circumstances include:
such place of employment and all pertinent
• Imminent danger situations, which require
conditions, structures, machines, apparatus,
correction as soon as possible;
devices, equipment, and materials; and
• Inspections that must take place after regular
• Question privately any employer, owner,
business hours or that require special
operator, agent or employee during an
preparation;
inspection or investigation.
• Cases where OSHA must provide advance
notice to assure that the employer and em-
ployee representative or other personnel will
be present; and/or
• Situations in which the OSHA Area Director
determines that advance notice would pro-
duce a more thorough or effective inspection.

How Does OSHA Enforce Its Standards? 25

 Employers receiving advance notice of an 3. Employee complaints involving imminent
inspection must inform their employees’ repre- danger OR an employer violation that threat-
sentative or arrange for OSHA to do so. ens death or serious physical harm,
4. Referrals from other agencies,
Can an employer refuse to 5. Planned, or programmed, inspections in
allow a compliance officer to high-hazard industries, and
6. Follow-ups to previous inspections.
enter without a warrant?
Yes. An employer has the right to require the Can an employee leave the
compliance officer to obtain an inspection
warrant before entering the work site. OSHA
workplace if there are unsafe
may inspect after acquiring a judicially autho- conditions?
rized search warrant based on administrative Employees generally don’t have the right to walk
probable cause or evidence of a violation. off the job because of potentially unsafe work-
place conditions. Any employee who walks off
OSHA may take appropriate steps, including the job for workplace safety reasons may face
legal action, if an employer still refuses to admit disciplinary action by the employer. An em-
a compliance officer, or if an employer attempts ployee does have the right, however, to refuse (in
to interfere with an inspection. good faith) to be exposed to an imminent danger.

What prompts an OSHA

inspection?
Obviously, not all 6.5 million workplaces cov-
ered by the OSH Act can be inspected each year.
How can an employee
The most hazardous workplaces need primary
file a complaint?
attention. OSHA, therefore, has established a An employee may file a complaint by
system of inspection priorities. The agency phone, mail, or fax to the nearest OSHA
inspects under the following conditions: office and request and inspection if there
1. Imminent danger, or any condition where are unsafe or unhealthful working condi-
there is reasonable certainty a danger exists tions. You may request that OSHA not
that can be expected to cause death or serious reveal your name.
physical harm immediately or before the
danger can be eliminated through normal
enforcement procedures. OSHA gives top
priority to imminent danger situations.
2. Catastrophes and fatal accidents resulting in
the death of any employee or the hospitaliza-
tion of three or more employees,

26 All About OSHA

What Happens During an OSHA
Inspection?
What should I expect if OSHA What happens during the
inspects my workplace? opening conference?
There are four stages of a typical OSHA In the opening conference, the compliance
inspection: officer
• Presentation of Inspector Credentials • Explains why OSHA selected the establish-
• Opening Conference ment for inspection.
• Inspection Walkaround • Determines whether an OSHA-funded consul-
• Closing Conference. tation program is in progress or whether the
facility has received an inspection exemption.
If so, the compliance officer usually termi-
When does an inspection nates the inspection.
begin? • Obtains information about the establishment.
An inspection begins when the OSHA compli- • Explains the purpose of the visit, the scope of
ance officer arrives at the establishment. He or the inspection, walkaround procedures,
she displays official credentials and asks to meet employee representation, employee inter-
an appropriate employer representative. Employ- views, and the closing conference.
ers should always insist on seeing the compliance
officer’s credentials. The compliance officer asks the employer to
select an employer representative to accompany
An OSHA compliance officer carries U.S. De- him or her during the inspection. OSHA wel-
partment of Labor credentials bearing his or her comes, but does not require, that there be an
photograph and a serial number that an employer employee representative for each inspection.
can verify by phoning the nearest OSHA office.
Posing as a compliance officer is a violation of Under no circumstances may the employer
the law. Suspected imposters should be promptly select the employee representative for the
reported to local law enforcement agencies. walkaround. OSHA does, however, encourage
employers and employees to meet together.

What Happens During an OSHA Inspection? 27

 What happens during an in- Trade secrets observed by the compliance officer
spection walkaround? are kept confidential. Federal employees who
release confidential information without authori-
After the opening conference, the compliance
zation are subject to a $1,000 fine or 1 year in
officer and accompanying representatives pro-
jail or both AND removal from office or employ-
ceed through the establishment, inspecting work
ment.
areas for potentially hazardous working condi-
tions. The compliance officer will discuss
possible corrective actions with the employer.
OSHA may consult, at times privately, with An inspection walkaround may cover
employees during the inspection walkaround. part or all of an establishment, even if a
specific complaint, fatality, or catastrophe
prompted the inspection.

Selecting Employee Representatives

If... Then...

the employees are represented by a the union usually will designate the em-
recognized bargaining representative, ployee representative to accompany the
compliance officer.

there is a plant safety committee the employee members of that committee

and no recognized bargaining or the employees at large will designate the
representative, employee representative.

there is neither a recognized bargaining the employees themselves may select the
representative nor a plant safety employee representative, or the compliance
committee, officer will determine if any other employ-
ees would suitably represent the interests
of employees.

there is no authorized employee the compliance officer must consult with a

representative, reasonable number of employees concern-
ing safety and health matters in the work-
place. Such consultations may be held
privately.

28 All About OSHA

What kinds of records does the What happens after the in-
compliance officer examine? spection walkaround?
The compliance officer checks posting and After the inspection walkaround, the compli-
recordkeeping practices, including whether the ance officer holds a closing conference with the
employer has the employer and the employee representatives,
• Maintained records of deaths, injuries, and either jointly or separately.
illnesses;
• Posted a copy of the totals from the last page During the closing conference, the compliance
of the previous year’s Log and Summary of officer
Occupational Injuries and Illnesses (OSHA
200) during the month of February; and • Discusses with the employer all unsafe or
• Prominently displayed the OSHA workplace unhealthful conditions observed on the inspec-
poster (OSHA 2203). tion and indicates all apparent violations for
which a citation may be recommended.
The compliance officer also examines records, • Tells the employer of his or her appeal rights,
where required, of employee exposure to toxic anti-discrimination rights under 11(c) of the
substances and harmful physical agents. OSH Act, the informal conference, and proce-
dures for contesting citations within 15
working days after receiving the citation.
• Informs the employer of his or her obligations
with regard to any citations that may be
Can an employer issued.
immediately correct any • Will hold a separate closing conference with
violations spotted by the the employees or their representative, if
compliance officer and requested, to discuss matters of direct interest
avoid a citation? to employees and to inform them of their
rights after an inspection.
Some apparent violations detected by the
compliance officer can be corrected imme-
diately. The compliance officer records
such corrections to help evaluate the
employer’s good faith for compliance.

Apparent violations that have been cor-

rected may still serve as the basis for a
citation or notice of proposed penalty
or both.

What Happens During an OSHA Inspection? 29

 What is in an OSHA citation? What does SBREFA
Citations inform the employer and employees of: require?
• The regulations and standards the employer SBREFA requires that all federal agen-
allegedly violated, cies have in place a policy to reduce or,
• Any hazardous working conditions covered by under appropriate circumstances, waive
Section 5(a)(1), the general duty clause, of the penalties for violations of standards by
OSH Act, small businesses.
• The proposed length of time set for their
abatement, and
• Any proposed penalties.
Will the compliance officer
OSHA will hand deliver or send citations and tell an employer during the
notices of proposed penalties to the employer by
certified mail. The employer must post a copy of
closing conference what pen-
each citation at or near the places where the
alties the agency will propose?
violations occurred for 3 days or until the em- During the closing conference, the compliance
ployer abates the violation, whichever is longer. officer does not indicate any proposed penalties.
Only the OSHA area director has that authority,
• Informs employers of their rights under the and only after having received a full report.
Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA).
• Informs employers that Regional Small
Business Regulatory Fairness Boards created
under SBREFA exist to hear cases if employ-
ers are not satisfied with agency resolutions of
enforcement matters.
• Explains that OSHA area offices offer
assistance and can answer questions about
programs and activities.

30 All About OSHA

What Happens After an OSHA
Inspection?
• Serious: A violation where there is substantial
probability that death or serious physical harm
Following an inspection, could result AND that the employer knew, or
the OSHA Area Director should have known, of the hazard. OSHA may
can: propose a mandatory penalty of up to $7,000
• Issue citations without penalties, for each serious violation. The agency may
• Issue citations with proposed penalties, adjust a penalty for a serious violation down-
or ward, based on the employer’s good faith,
• Determine that neither is warranted. history of previous violations, gravity of the
alleged violation, and size of business.
• Willful: A violation that the employer inten-
tionally and knowingly commits or a violation
What types of penalties can that the employer commits with plain indiffer-
be proposed? ence to the law. The employer either knows
that what he or she is doing constitutes a
Under the OSH Act, OSHA may cite the follow- violation, or is aware that a hazardous condi-
ing violations and propose the following
tion existed and made no reasonable effort to
penalties:
eliminate it.
• Other-than-Serious: A violation that has a
direct relationship to job safety and health, but
OSHA may propose penalties of up to $70,000
probably would not cause death or serious
for each willful violation, with a minimum
physical harm. OSHA may propose a penalty
penalty of $5,000 for each willful violation. The
of up to $7,000 for each other-than-serious
agency may adjust a proposed penalty for a
violation. The agency may adjust a penalty
willful violation downward, depending on the
downward for an other-than-serious violation,
size of the business and its history of previous
depending on the employer’s good faith
violations. Usually, OSHA gives employers cited
(demonstrated efforts to comply with the OSH
for willful violations no credit for good faith.
Act), history of previous violations, and size
of business. When the adjusted penalty
amounts to less than $100, OSHA does not
propose any penalty.

What Happens After an OSHA Inspection? 31

 In addition to OSHA citations and penalties, the cited violation beyond the prescribed abate-
U.S. Department of Justice may bring a criminal ment date.
action against an employer who willfully violates
a standard that results in the death of an em- May penalties for other types
ployee. If a court convicts such an employer, the of violations be levied on an
offense is punishable by a court-imposed fine or
by imprisonment for up to 6 months, or both. The
employer?
Employers may be assessed penalties for the
court may impose a fine for a criminal conviction
following:
of up to $250,000 for an individual or $500,000
• Violations of posting requirements can bring a
for a corporation.
civil penalty of up to $7,000. (OSHA does not
fine for failing to post the job safety and
• Repeated: A violation of any standard, regula-
health poster.)
tion, rule, or order where OSHA finds a sub-
• Falsifying records, reports, or applications,
stantially similar violation during a
upon conviction in a court, can bring a crimi-
reinspection. OSHA may propose penalties of
nal fine of $10,000 or up to 6 months in jail,
up to $70,000 for each repeated violation. To
or both.
be the basis of a repeat citation, the original
• Assaulting a compliance officer or otherwise
citation must be final. A citation under contest
resisting, opposing, intimidating, or interfering
may not serve as the basis for a subsequent
with a compliance officer in the performance
repeat citation.
of his or her duties is a criminal offense.
• Failure to Abate: OSHA may propose an Anyone convicted of such an action is subject
additional penalty of up to $7,000 for each to a criminal fine of not more than $5,000
day an employer fails to correct a previously and imprisonment for not more than 3 years.

Violation Categories and Possible Penalties

Type of Violation Minimum Penalty Maximum Penalty
per Violation per Violation
Other-than-serious $7,000
Serious $100* $7,000
Posting $7,000
Willful $5,000 $70,000
Willful with fatality, $250,000/500,000 or 6 months in
first conviction prison or both**
Willful, with fatality, $250,000/$500,000 or 1
second conviction year in prison or both**
Repeated $5,000 $70,000
Failure to abate $7,000 per day
* Set as OSHA policy in the Field Inspection Reference Manual (FIRM).
** The monetary criminal fine is set by Title 18 of the U.S. Code (Crimes and Criminal Procedure), § 3571, which states that
individuals found guilty of an offense may not be fined more than $250,000, and organizations not more than $500,000.

32 All About OSHA

Can I Question Inspection Results?
Can employees question must conduct an informal conference requested
inspection results? by an employer within the 15 working day
contest period.
Yes. If OSHA initiated an inspection due to an
employee complaint, the employee or authorized
employee representative may request an informal
What can employers do if they
review of any decision not to issue a citation. can’t correct a cited hazard
in time?
Employees, however, may not contest: If an employer who has been cited for violations
• Citations, cannot meet the abatement dates as issued or
• Penalties, or amended at the informal conference, the em-
• Lack of penalties. ployer must submit a request for an extension of
time, or a PMA. A PMA must be filed in writing
Employees may contest: with the OSHA Area Director who issued the
• The time specified in the citation for abate- citation no later than the close of the next work-
ment of a hazardous condition. ing day following the date the director originally
• An employer’s Petition for Modification of set for abatement.
Abatement (PMA), requesting an extension
of the abatement period. Employees must
contest the PMA within 10 working days of its
What can an employer do if
posting or within 10 working days after an he or she disagrees with the
authorized employee representative has citation, abatement time, or
received a copy. proposed penalty?
If an employer decides to contest the citation,
Employees may request an informal conference
the time set for abatement, and/or the proposed
with OSHA to discuss any issues raised by an
penalty, he or she has 15 working days after
inspection, citation, notice of proposed penalty,
receiving the Citation and Notice of Proposed
or employer’s notice of intent to contest. OSHA
Penalty to notify the OSHA Area Director in
must conduct an informal conference within the
writing. An oral disagreement is not sufficient.
15 working day contest period.
This written notification is called a “Notice of
Contest.”
Can employers appeal
inspection results? Any employer, employee, or employee represen-
When issued a citation or notice of a proposed tative also may request an informal conference
penalty, an employer may request an informal within the 15 working day contest period to
conference with OSHA’s Area Director to dis- discuss inspection results. Based on information
cuss the case. OSHA authorizes its area directors and evidence presented at the informal confer-
to reach settlement agreements with employers ence, OSHA may enter into an informal settle-
that adjust citations and penalties to avoid ment agreement with the employer, which could
prolonged legal disputes. As with informal involve changes to citations, penalties, or
conferences requested by employees, OSHA abatement dates.
Can I Question Inspection Results? 33
 Is there a specific format for What is the Occupational
the Notice of Contest? Safety and Health
No. It must, however, clearly identify the
Review Commission?
employer’s basis for filing a contest of the cita- The Commission is an independent federal
tion, notice of proposed penalty, abatement agency created by the OSH Act to decide
period, or notification of failure to correct the contested OSHA citations and penalties.
violation. It is not associated with OSHA or the
Department of Labor.
How is an employer’s Notice of
Contest reviewed? review. Employers and OSHA may appeal Com-
mission rulings to the appropriate U.S. Court of
If the written Notice of Contest has been filed
Appeals.
within the required 15 working days, the OSHA
Area Director forwards the Notice of Contest to
OSHA can provide extensive help through a
the Occupational Safety and Health Review
variety of programs, including assistance on
Commission (OSHRC).
safety and health programs; workplace consulta-
tion, voluntary protection programs, strategic
The Commission will assign an administrative
partnerships, and training and education.
law judge to hear the case.

The administrative law judge may:

How does safety and health
• Find the contest legally invalid and disallow it, program management assis-
OR tance help employers and
• Set a hearing for a public place near the employees?
employer’s workplace. Effective management of worker safety and
health protection is a decisive factor in reducing
The employer and the employees have the right the extent and severity of work-related injuries
to participate in the hearing. and illnesses and their related costs. In fact, an
effective safety and health program forms the
Can an employer appeal the basis of good worker protection and can save
administrative law judge’s time and money—about $4 for every dollar
spent—and increase productivity.
ruling?
Once the administrative law judge has ruled, any To assist employers and employees in developing
party to the case may request a further review by effective safety and health programs, OSHA
the Commission. Any of the three OSHRC published recommended “Safety and Health
commissioners also may, at his or her own Program Management Guidelines” (Federal
motion, bring a case before the Commission for Register 54(18):3908-3916, January 26, 1989).
These voluntary guidelines apply to all work sites
covered by OSHA.

34 All About OSHA

How Can OSHA Help Me?
The guidelines identify four general elements Who can get consultation
that are critical to the development of a success-
ful safety and health management program:
assistance from OSHA?
• Management commitment and employee Consultation assistance is available to smaller
involvement; employers (with fewer than 250 employees at a
• Worksite analysis; fixed site and no more than 500 nationwide) who
• Hazard prevention and control; and want help in establishing and maintaining a safe
• Safety and health training. and healthful workplace.

The guidelines recommend specific actions

under each of these general elements to achieve A single, free copy of the safety and health
an effective safety and health program. program management guidelines can be
obtained from the U.S. Department of
How can consultation assis- Labor, OSHA Publications, P.O. Box
tance help an employer? 37535, Washington, DC 20013-7535.
Send a self-addressed mailing label with
Besides helping employers identify and correct
your request.
specific hazards, OSHA’s consultation service
provides free, onsite assistance in developing
Or, visit OSHA’s website at www.OSHA.gov
and implementing effective workplace safety and
and search via the Index or Federal
health programs that emphasize preventing
Register.
worker injuries and illnesses. In addition, OSHA
has available in its regional offices individuals to
provide assistance on issues related to compli-
ance, ergonomics, bloodborne pathogens, and
Do employers have to pay for
small business. consultation assistance?
No. Largely funded by OSHA, consultation
OSHA’s comprehensive consultation assistance programs are run by state agencies at no cost to
includes an appraisal of all: the employer who requests it. OSHA does not
• Mechanical systems, physical work practices, propose penalties or issue citations for hazards
and environmental hazards of the workplace, identified by the consultant. The employer’s
and only obligation is to correct all serious hazards
• Aspects of the employer’s present job safety and potential safety and health violations OSHA
and health program. identifies.

Employers also may receive training and educa-

tion services, as well as limited assistance away
from the worksite.

How Can OSHA Help Me? 35

 Can OSHA assure privacy to What are Voluntary
an employer who asks for Protection Programs?
consultation assistance? Voluntary Protection Programs (VPP) represent
OSHA provides consultation assistance to the one part of OSHA’s effort to extend worker
employer with the assurance that his or her protection beyond the minimum required by
name and firm and any information about the OSHA standards. These programs—along with
workplace will not be routinely reported to others such as expanded onsite consultation
OSHA enforcement staff. services and full service area offices, and
OSHA’s Strategic Partnership Program
Can an employer be cited for (OSPP)—are cooperative approaches which,
when coupled with an effective enforcement
violations after receiving program, expand worker protection to help meet
consultation assistance? the goals of the OSH Act.
Not likely, since there are no citations issued or
penalties proposed for hazards identified by the What do the Voluntary
consultant. The purpose of the program is to Protection Programs do?
help smaller employers There are three VPP levels: Star, Merit, and
identify and fix hazards in their workplaces. Demonstration designed to:
• Recognize outstanding achievement of em-
Does OSHA provide any incen- ployers who have successfully incorporated
tives for seeking consultation effective comprehensive safety and health
assistance? programs into their total management system;
• Motivate other employers to achieve excellent
Yes. Certain exemplary employers may request safety and health results in the same
participation in OSHA’s Safety and Health outstanding way; and
Achievement Recognition Program (SHARP). • Establish a relationship between employers,
Eligibility for participation in SHARP includes employees, and OSHA that is based on
receiving a comprehensive consultation visit, cooperation rather than coercion.
demonstrating exemplary achievements in
workplace safety and health by abating all
identified hazards, and developing an excellent
safety and health program.

Employers accepted into SHARP may receive

an exemption from programmed inspections—
not complaint or accident investigation inspec-
tions—for a period of 1 year.

36 All About OSHA

 For further information about consulta- How does OSHA monitor VPP
tion assistance, contact your regional or sites?
area OSHA office or visit OSHA’s website OSHA reviews an employer’s VPP application
at www.osha.gov. and conducts an onsite review to verify that the
safety and health programs described are operat-
You can get additional information con- ing effectively at the site. OSHA conducts onsite
cerning consultation assistance, including evaluations on a regular basis, annually for
a directory of OSHA-funded consultation participants at the Demonstration level, every 18
projects, by requesting OSHA publication months for Merit, and every 3 to 5 years for
No. 3047, Consultation Services for the Star. Each February, all participants must send a
Employer. (Also see the list of consultation copy of their most recent annual site evaluation
projects at the end of this booklet.) to their OSHA regional office. This evaluation
must include their injuries and illnesses for the
past year.

How does VPP help employers? Can OSHA inspect an em-

And employees? ployer who is participating in
VPP participation can mean: the VPP?
• Improved employee motivation to work
Sites participating in VPP are not scheduled for
safely, leading to leading to a better quality of
regular, programmed inspections. OSHA,
life at work, and enhanced productivity;
however, handles any employee complaints,
• Lost-workday case rates generally 50 percent
serious accidents, or significant chemical re-
percent below industry averages;
leases that may occur according to routine
• Reduced workers’ compensation and other
enforcement procedures.
injury- and illness-related costs;
• Positive community recognition and
interaction;
• Further improvement and revitalization of
already good safety and health programs; and
• Positive relationship with OSHA.

How Can OSHA Help Me? 37

 How can a partnership with What do OSPPs do?
OSHA improve worker safety These partnerships encourage, assist, and recog-
and health? nize the efforts of the partners to eliminate
OSHA has learned firsthand that voluntary, serious workplace hazards and achieve a high
cooperative partnership with employers, employ- level of worker safety and health. Whereas
ees, and unions can be a useful alternative to OSHA’s Consultation Program and VPP entail
traditional enforcement and an effective way to one-on-one relationships between OSHA and
reduce worker deaths, injuries, and illnesses. individual worksites, most strategic partnerships
This is especially true when a partnership leads seek to have a broader impact by building
to the development and implementation of cooperative relationships with groups of
comprehensive workplace safety and health employers and employees.
programs.
Are there different kinds
What are OSHA Strategic of OSPPs?
Partnerships
*
Programs There are two major types:
(OSPPs )? • Comprehensive, which focus on establishing
These strategic partnerships are alliances among comprehensive safety and health programs at
labor, management, and government to foster partnering worksites.
improvements in workplace safety and health. • Limited, which help identify and eliminate
These partnerships are voluntary, cooperative hazards associated with worker deaths, inju-
relationships between OSHA, employers, em- ries, and illnesses, or have goals other than
ployee representatives, and possibly others— establishing comprehensive worksite safety
trade unions, trade and professional associations, and health programs.
universities, and other government agencies.
OSPPs are the newest member of OSHA’s family OSHA is interested in creating new OSPPs at the
of cooperative programs. national, regional, and local levels. OSHA also
has found the more limited partnerships to be
valuable. Limited partnerships might address
Additional information on VPPs is the elimination or control of a specific industry
available from OSHA national, regional, hazard.
and area offices. See the list at the end of
this booklet.

Also, see Outreach at OSHA’s website at

www.osha.gov.

*
“Strategic Partnership for Worker Safety and Health,”
Federal Register 64:22652, April 21, 1999.

38 All About OSHA

What are the benefits of par- The Institute facility includes classrooms, labora-
ticipation in the OSHA Strate- tories, a library, and an audiovisual unit. The
gic Partnership Program? laboratories contain various demonstrations and
equipment, such as power presses, woodworking
• Improved employee motivation to work and welding shops, a complete industrial ventila-
safely, leading to a better quality of life at tion unit, and a sound demonstration laboratory.
work, and enhanced productivity;
• Reduced workers’ compensation and other More than 57 courses are available for personnel
injury- and illness-related costs due to de- in the private sector dealing with subjects such as
clines in workplace injuries and illnesses; safety and health in the construction industry and
• Positive community recognition and methods of voluntary compliance with OSHA
interaction; standards.
• Development of or improvement in safety and
health programs; and OSHA also offers safety and health training and
• Positive interaction with OSHA. assistance through the Institute’s 12 education
centers. The education centers provide an
Can OSHA provide occupa- opportunity for other non-profit institutions, such
tional safety and health as universities and technical and community
training for employers and colleges, to conduct OSHA courses for the
employees? private sector and federal agencies.
Yes. The OSHA Training Institute in Des
Plaines, IL, provides basic and advanced training OSHA’s 66 area offices are also full-service
and education in safety and health for centers offering a variety of informational
federal and state compliance officers, state services such as availability of personnel for
consultants, other federal agency personnel, and speaking engagements, publications,
private sector employers, employees, and their audiovisual aids on workplace hazards, and
representatives. technical advice.

Institute courses cover diverse safety and health

topics, including electrical hazards, machine
guarding, personal protective equipment,
ventilation, and ergonomics.

For more information about OSPPs,

contact your nearest OSHA office or visit
OSHA’s web site at www.osha.gov.

How Can OSHA Help Me? 39

 Does OSHA give money to
organizations for training For more information on grants, training,
and education? and education, contact the OSHA Train-
ing Institute, Office of Training and
OSHA provides funds to nonprofit organizations
Education, 1555 Times Drive, Des
to conduct workplace training and education in
Plaines, Il 60018, (847) 297-4810, or see
subjects where OSHA believes there is a current
Outreach on OSHA’s website at
lack of workplace training.
www.osha.gov.
Organizations awarded grants use funds to
develop training and educational programs,
reach out to workers and employers for whom
their program is appropriate, and provide these
programs to workers and employers.

How can I learn more about

these and other OSHA assis-
tance programs?
You can contact your nearest OSHA regional or
area office listed at the end of this booklet. All
OSHA standards, programs, training, and other
activities are available online at
http://www.osha.gov/.

40 All About OSHA

 OSHA Regional Offices
Region I Region VI
(CT,* MA, ME, NH, RI, VT*) (AR, LA, NM,* OK, TX)
JFK Federal Building 525 Griffin Street
Room E-340 Room 602
Boston, MA 02203 Dallas, TX 75202
Telephone: (617) 565-9860 Telephone: (214) 767-4731

Region II Region VII

(NJ, NY,* PR,* VI*) (IA,* KS, MO, NE)
201 Varick Street City Center Square
Room 670 1100 Main Street, Suite 800
New York, NY 10014 Kansas City, MO 64105
Telephone: (212) 337-2378 Telephone: (816) 426-5861

Region III Region VIII

(DC, DE, MD,* PA, VA,* WV) (CO, MT, ND, SD, UT,* WY*)
The Curtis Center 1999 Broadway, Suite 1690
170 S. Independence Mall West Denver, CO 80202-5716
Philadelphia, PA 19106-3309 Telephone: (303) 844-1600
Telephone: (215) 861-4900
Region IX
Region IV (American Samoa, AZ,* CA,* Guam,
(AL, FL, GA, KY,* MS, NC,* SC,* TN*) HI,* NV,* Trust Territories of the Pacific)
Atlanta Federal Center 71 Stevenson Street
61 Forsyth Street, SW, Room 6T50 Suite 420
Atlanta, GA 30303 San Francisco, CA 94105
Telephone: (404) 562-2300 Telephone: (415) 975-4310

Region V Region X
(IL, IN,* MI,* MN,* OH, WI) (AK,* ID, OR,* WA*)
230 South Dearborn Street 1111 Third Avenue
Room 3244 Suite 715
Chicago, IL 60604 Seattle, WA 98101-3212
Telephone: (312) 353-2220 Telephone: (206) 553-5930

*These states and territories operate their own OSHA-approved job safety and health programs
(Connecticut and New York plans cover public employees only). States with approved programs
must have a standard that is identical to, or at least as effective as, the federal standard.

42 All About OSHA

OSHA Area Offices
US Department of Labor - OSHA US Department of Labor - OSHA
Todd Mall - 2047 Canyon Road 7935 E. Prentice Ave., Suite 209
Birmingham, AL 35216-1981 Englewood, CO 80011-2714
(205) 731-1534 (303) 843-4500

US Department of Labor - OSHA US Department of Labor - OSHA

3737 Government Blvd., Suite 100 Clark Building
Mobile, AL 36693-4309 1057 Broad Street
(334) 441-6131 Bridgeport, CT 06604
(203) 579-5581
US Department of Labor - OSHA
301 W. Northern Lights Blvd. US Department of Labor - OSHA
Suite 407 Federal Office Building
Anchorage, AK 99503-7571 450 Main Street, Room 613
(907) 271-5152 Hartford, CT 06103
(860) 240-3152
US Department of Labor - OSHA
3221 North 16th Street, Suite 100 US Department of Labor - OSHA
Phoenix, AZ 85016 1 Rodney Square
(602) 640-2007 920 King Street, Suite 402
Wilmington, DE 19801-3319
US Department of Labor - OSHA (302) 573-6115
425 West Capitol Ave., Suite 450
Little Rock, AR 72201 US Department of Labor - OSHA
(501) 324-6291(5818) Jacaranda Executive Court
8040 Peters Road
US Department of Labor - OSHA Building H-100
5675 Ruffin Road, Suite 330 Fort Lauderdale, FL 33324
San Diego, CA 92123 (954) 424-0242
(619) 557-2909
US Department of Labor - OSHA
US Department of Labor - OSHA Ribault Building
1391 Speer Blvd., Suite 210 1851 Executive Center Drive, Suite 227
Denver, CO 80204-2552 Jacksonville, FL 32207
(303) 844-5285 (904) 232-2895

Area Offices 43
 US Department of Labor - OSHA US Department of Labor - OSHA
5807 Breckenridge Pkwy., Suite A 344 Smoke Tree Business Park
Tampa, FL 33610-4249 North Aurora, IL 60542
(813) 626-1177 (630) 896-8700

US Department of Labor - OSHA US Department of Labor - OSHA

450 Mall Blvd., Suite J 2918 West Willow Knolls Road
Savannah, GA 31406 Peoria, IL 61614
(912) 652-4393 (309) 671-7033

US Department of Labor - OSHA US Department of Labor - OSHA

2400 Herodian Way, Suite 250 46 East Ohio Street, Room 423
Smyrna, GA 30080-2968 Indianapolis, IN 46204
(770) 984-8700 (317) 226-7290

US Department of Labor - OSHA US Department of Labor - OSHA

La Vista Perimeter Office Park 210 Walnut Street, Room 815
2183 N.Lake Parkway, Bldg. 7, Suite 110 Des Moines, IA 50309
Tucker, GA 30084-4154 (515) 284-4794
(770) 493-6644/6742/8419
US Department of Labor - OSHA
US Department of Labor - OSHA 300 Epic Center
1150 North Curtis Road, Suite 201 301 N. Main
Boise, ID 83706 Wichita, KS 67202
(208) 321-2960 (316) 269-6644

US Department of Labor - OSHA US Department of Labor - OSHA

1600 167th Street, Suite 12 John C. Watts Fed. Bldg.
Calumet City, IL 60409 330 W. Broadway, Room 108
(708) 891-3800 Frankfort, KY 40601-1922
(502) 227-7024
US Department of Labor - OSHA
O’Hara Lake Plaza US Department of Labor - OSHA
2360 E. Devon Avenue, Suite 1010 9100 Bluebonnet Center Blvd.
Des Plaines, IL 60018 Suite 201
(847) 803-4800 Baton Rouge, LA 70809
(225) 389-0474

44 All About OSHA

US Department of Labor - OSHA US Department of Labor - OSHA
202 Harlow Street, Room 211 6200 Connecticut Avenue, Suite 100
Bangor, ME 04401 Kansas City, MO 64120
(207) 941-8177 (816) 483-9531

US Department of Labor - OSHA US Department of Labor - OSHA

1099 Winterson Road, Suite 140 911 Washington Avenue, Room 420
Linthicum, MD 21090-2218 St. Louis, MO 63101
(410) 962-2840 (314) 425-4249

US Department of Labor - OSHA US Department of Labor - OSHA

639 Granite Street, 4th Floor 2900 4th Avenue North, Suite 303
Braintree, MA 02184 Billings, MT 59101
(617) 565-6924 (406) 247-7494

US Department of Labor - OSHA US Department of Labor - OSHA

Valley Office Park Overland Wolf Bldg.
13 Branch Street 6910 Pacific Street, Room 100
Methuen, MA 01844 Omaha, NE 68106
(617) 565-8110 (402) 221-3182

US Department of Labor - OSHA Department of Labor - OSHA

1441 Main Street, Room 550 279 Pleasant Street, Suite 201
Springfield, MA 01103-1493 Concord, NH 03301
(413) 785-0123 (603) 225-1629

US Department of Labor - OSHA US Department of Labor - OSHA

801 South Waverly Rd., Suite 306 1030 St. Georges Ave.
Lansing, MI 48917-4200 Plaza 35, Suite 205
(517) 377-1892 Avenel, NJ 07001
(908) 750-3270
US Department of Labor - OSHA
3780 I-55 North, Suite 210 US Department of Labor - OSHA
Jackson, MS 39211-6323 500 Route 17 South, 2nd Floor
(601) 965-4606 Hasbrouck Heights, NJ 07604
(201) 288-1700

Area Offices 45
 US Department of Labor - OSHA US Department of Labor - OSHA
Marlton Executive Park, Bldg. 2 660 White Plains Road, 4th Floor
701 Route 73 South, Suite 120 Tarrytown, NY 10591-5107
Marlton, NJ 08053 (914) 524-7510
(609) 757-5181
US Department of Labor - OSHA
US Department of Labor - OSHA 1400 Old Country Road, Suite 208
299 Cherry Hill Road, Suite 304 Westbury, NY 11590
Parsippany, NJ 07054 (516) 334-3344
(203) 263-1003
US Department of Labor - OSHA
US Department of Labor - OSHA Century Station Federal Building
505 Marquette Avenue, NW 300 Fayetteville Street Mall
Suite 820 Room 438
Alburquerque, NM 87102 Raleigh, NC 27601-9998
(505) 248-5302 (919) 856-4770

US Department of Labor - OSHA US Department of Labor - OSHA

401 New Karner Road, Suite 300 1640 East Capitol Avenue
Albany, NY 12205-3809 Bismarck, ND 58502
(518) 464-4338 (701) 250-4521

US Department of Labor - OSHA US Department of Labor - OSHA

5360 Genesee Street 36 Triangle Park Drive
Bowmansville, NY 14026 Cincinnati, OH 45246
(716) 684-3891 (513) 841-4132

US Department of Labor - OSHA US Department of Labor - OSHA

6 World Trade Center, Room 881 Federal Office Building
New York, NY 10048 1240 East 9th Street, Room 899
(212) 466-2482 Cleveland, OH 44199
(216) 522-3818
US Department of Labor - OSHA
3300 Vikery Road US Department of Labor - OSHA
Syracuse, NY 13212 Federal Office Bldg.
(315) 451-0808 200 N. High Street, Room 620
Columbus, OH 43215
(614) 469-5582

46 All About OSHA

US Department of Labor - OSHA US Department of Labor - OSHA
Ohio Building Federal Building
420 Madison Avenue, 600 1000 Liberty Avenue, Room 1428
Toledo, OH 43604 Pittsburgh, PA 15222-4101
(419) 259-7542 (412) 395-4903

US Department of Labor - OSHA US Department of Labor - OSHA

420 West Main, Suite 300 Penn Place
Oklahoma City, OK 73102 20 North Pennyslvania Ave. Room 2005
(405) 231-5351 Wilkes-Barre, PA 18701-3590
(717) 826-6538
US Department of Labor - OSHA
1220 S.W. 3rd Avenue, Room 640 US Department of Labor - OSHA
Portland, OR 97204 BBV Plaza Building
(503) 326-2251 1510 F.D. Roosevelt Avenue
Guaynabo, PR 00968
US Department of Labor - OSHA (787) 277-1560
850 North 5th Street
Allentown, PA 18102 US Department of Labor - OSHA
(610) 776-0592 380 Westminster Mall, Room 243
Providence, RI 02903
US Department of Labor - OSHA (401) 528-4669
3939 West Ridge Road, Suite B-12
Erie, PA 16506-1887 US Department of Labor - OSHA
(814) 833-5758 Strom Thurman, Federal Building
1835 Assembly Street, Room 1468
US Department of Labor - OSHA Columbia, SC 29201-2453
Progress Plaza (803) 765-5904
49 North Progress Avenue
Harrisburg, PA 17109 US Department of Labor - OSHA
(717) 782-3902 Green Hills Office Park
2002 Richard Jones Road
US Department of Labor - OSHA Suite C-205
U.S. Custom House, Room 242 Nashville, TN 37215-2809
Second and Chestnut Street (615) 781-5423
Philadelphia, PA 19106-2902
(215) 597-4955

Area Offices 47
 US Department of Labor - OSHA US Department of Labor - OSHA
903 San Jacinto Blvd., Suite 319 Federal Building, Room 806
Austin, TX 78701 1205 Texas Avenue
(512) 916-5783 Lubbock, TX 79401
(806) 472-7681
US Department of Labor - OSHA
Wilson Plaza US Department of Labor - OSHA
606 North Carancahua, Suite 700 1781 South 300 West
Corpus Christi, TX 78476 Salt Lake City, UT 84115-1802
(512) 888-3420 (801) 487-0680

US Department of Labor - OSHA US Department of Labor - OSHA

8344 East R.L. Thornton Freeway Federal Office Building, Room 835
Suite 420 200 Granby Mall
Dallas, TX 75228 Norfolk, VA 23510
(214) 320-2400/2558 (757) 441-3820

US Department of Labor - OSHA US Department of Labor - OSHA

North Star 2 Building 505 106th Avenue, N.E., Suite 302
8713 Airport Freeway, Suite 302 Bellevue, WA 98004
Fort Worth, TX 76180-7601 (206) 553-7520
(817) 428-2470
US Department of Labor - OSHA
US Department of Labor - OSHA 405 Capitol Street, Room 407
17625 El Camino Real, Suite 400 Charleston, WV 25301
Houston, TX 77058 (304) 347-5937
(281) 286-0583
US Department of Labor - OSHA
US Department of Labor - OSHA 1648 Tri Parkway
350 North Sam Houston Parkway Appleton, WI 54914
Suite 120 (920) 734-4521
Houston, TX 77060
(281)591-2438 US Department of Labor - OSHA
Federal Building U.S. Courthouse
500 Barstow Street, Room B-9
Eau Claire, WI 54701
(715) 832-9019

48 All About OSHA

US Department of Labor - OSHA
4802 E. Broadway
Madison, WI 53716
(608) 441-5388

US Department of Labor - OSHA

Henry S. Reuss Bldg.
310 West Wisconsin Ave.
Suite 1180
Milwaukee, WI 53202
(414) 297-3315

Area Offices 49
 States with Approved Plans
Commissioner Director
Alaska Department of Labor Hawaii Department of Labor
1111 West 8th Street and Industrial Relations
Room 306 830 Punchbowl Street
P.O. Box 21149 Honolulu, HI 96831
Juneau, AK 99802-1149 (808) 586-8844
(907) 465-2700
Commissioner
Director Indiana Department of Labor
Industrial Commission State Office Building
of Arizona 402 West Washington Street
800 W. Washington Room W195
Phoenix, AZ 85007 Indianapolis, IN 46204
(602) 542-5795 (317) 232-2378

Director Commissioner
California Department Iowa Division of Labor Services
of Industrial Relations 1000 E. Grand Avenue
455 Golden Gate Avenue Des Moines, IA 50319
10th Floor (515) 281-3447
San Francisco, CA 94102
(415) 703-5050 Secretary
Kentucky Labor Cabinet
Commissioner 1047 U.S. Highway, 127 South, Suite 2
Connecticut Department of Labor Frankfort, KY 40601
200 Folly Brook Boulevard (502) 564-3070
Wethersfield, CT 06109
(860) 566-2211 Commissioner
Maryland Division of Labor
Director and Industry
Conecticut Department of Labor Department of Labor Licensing
38 Wolcott Hill Road and Regulation
Wethersfield, CT 06109 1100 N. Eutaw Street, Room 613
(860) 566-4550 Baltimore, MD 21201-2206
(410) 767-2215

50 All About OSHA

Director Commissioner
Michigan Department of Consumer North Carolina Department of Labor
and Industry Services 4 West Edenton Street
4th Floor, Law Building Raleigh, NC 27601-1092
P.O. Box 30004 (919) 807-2900
Lansing, MI 48909
(517) 373-7230 Adminstrator
Oregon Department of Consumer
Commissioner & Business Services
Minnesota Department of Labor Occupational Safety and Health
and Industry Division (OR-OSHA)
443 Lafayette Road 350 Winter Street, NE, Room 430
St. Paul, MN 55155 Salem, OR 97310-0220
(651) 296-2342 (503) 378-3272

Adminstrator Secretary
Nevada Division of Industrial Puerto Rico Secretary of Labor
Relations and Human Resources
400 West King Street Department of Labor and Human
Carson City, NV 89703 Resources
(702) 687-3032 Prudencio Rivera Martinez Building
505 Munoz Rivera Avenue
Secretary Hato Rey, PR 00918
New Mexico Environment Department (787) 754-2119
1190 St. Francis Drive
P.O. Box 26110 Director
Santa Fe, NM 87502 South Carolina Department of Labor
(505) 827-2850 Licensing and Regulation
Koger Office Park, Kingstree Building
Commissioner 110 Centerview Drive
New York Department of Labor P.O. Box 11329
W. Averell Harriman State Office Columbia, SC 29210
Building - 12, Room 500 (803) 896-4300
Albany, NY 12240
(518) 457-2741 Commissioner
Tennessee Department of Labor
710 James Robertson Parkway
Nashville, TN 37243-0659
(615) 741-2582

States With Approved Plans 51

 Commissioner Administrator
Labor Commission of Utah Worker’s Safety and Compensation
160 East 300 South, 3rd Floor Division (WSC)
P.O. Box 146650 Wyoming Department of Employment
Salt Lake City, UT 84114-6650 Herschler Building, 2nd Floor East
(801) 530-6880 122 West 25th Street
Cheyenne, WY 82002
Commissioner (307) 777-7786
Vermont Department of Labor
and Industry
National Life Building - Drawer 20
120 State Street
Montpelier, VT 05620-3401
(802) 828-2288

Commissioner
Virginia Department of Labor
and Industry
Powers-Taylor Building
13 South 13th Street
Richmond, VA 23219
(804) 786-2377

Commissioner
Virgin Islands Department of Labor
2203 Church Street
Christiansted
St. Croix, VI 00820-4660
(340) 773-1990

Director
Washington Department of Labor
and Industries
P.O. Box 44001
Olympia, WA 98504-4001
(360) 902-4200

52 All About OSHA

OSHA Consultation Projects
Safety State Program University of Alabama Division of Occupational Safety and Health
425 Martha Parham West Connecticut Department of Labor
P.O. Box 870388 38 Wolcott Hill Road
Tuscaloosa, AL 35487 Wethersfield, CT 06109
(205) 348-3033 (860) 566-4550

Consultation Section Occupational Safety and Health

ADOL/AKOSH Division of Industrial Affairs
3301 Eagle Street, Suite 305 Delaware Department of Labor
P.O. Box 107022 4425 Market Street
Anchorage, AK 99510 Wilmington, DE 19802
(907) 269-4957 (302) 761-8219

Consultation and Training Office of Occupational Safety and Health

Division of Occupational Safety and Health D.C. Department of Employment Services
Industial Commission of Arizona 950 Upshur Street, N.W.
800 West Washington Washington, DC 20011
Phoenix, AZ 85007-9070 (202) 576-6339
(602) 542-5795
7(c)(1) Onsite Consultation Program,
OSHA Consultation Division of Safety
Arkansas Department of Labor Florida Department of Labor
10421 West Markham and Employment Security
Little Rock, AR 72205 2002 St.Augustine Road
(501) 682-4522 Building E, Suite 45
Tallahassee, FL 32399-0663
CAL/OSHA Consultation Service (850) 922-8955
Department of Industrial Relations
455 Golden Gate Avenue 7(c)(1) Onsite Consultation Program
10th Floor Georgia Institute of Technology
San Francisco, CA 94102 O’Keefe Building - Room 22
(415) 703-5270 Atlanta, GA 30332
(404) 894-2643
Occupational Safety and Health Section
Colorado State University
115 Environmental Health Building
Fort Collins, CO 80523
(970) 491-6151

OSHA Consultation Projects 53

 OSHA Onsite Consultation 7(c)(1) Consultation Program
Department of Labor, Government Iowa Bureau of Labor
of Guam 2016 DMACC Boulevard
P.O. Box 9970 Building 17, Room 10
Tamuning, GU 96931 Ankeny, IA 50021
011-(671) 475-0136 (515) 965-7162

Consultation and Training Branch Kansas 7(c)(1) Consultation Program

Dept of Labor and Industrial Relations Kansas Department of Human Resources
830 Punchbowl Street 512 South West 6th Street
Honolulu, HI 96831 Topeka, KS 66603-3150
(808) 586-9100 (785) 296-7476

Safety and Health Consultation Program Division of Education & Training

Boise State University Kentucky Labor Cabinet
Department of Health Studies 1047 U.S. Highway 127, South
1910 University Drive Frankfort, KY 40601
Boise, ID 83725 (502) 564-6895
(208) 426-3283
7(c)(1) Consultation Program
Illinois Onsite Consultation Louisiana Dept. of Labor
Industrial Service Division 1001 N. 23rd Street, Room 230
Department of Commerce & Community Affairs P.O. Box 94094
State of Illinois Center Baton Rouge, LA 70804-9094
100 West Randolph St. (225) 342-9601
Suite 3-400
Chicago, IL 60601 Division of Industrial Safety
(312) 814-2337 Maine Bureau of Labor Stds.
Workplace Safety & Health Division
Division of Labor State House Station #45
Bureau of Safety, Education Augusta, ME 04333-0045
and Training (207) 624-6460
402 West Washington
Room W195 MOSH Consultation Servicesstry
Indianapolis, IN 46204-2287 312 Marshall Avenue, Room 600
(317) 232-2688 Laurel, MD 20707
(410) 880-4970

54 All About OSHA

Division of Occupational Safety & Health Department of Labor & Industry
Department of Workforce Development Bureau of Safety
1001 Watertown Street P.O. Box 1728
West Newton, MA 02165 Helena, MT 59624-1728
(617) 727-3982 (406) 444-6418

Occupational Health Division/BSR Division of Safety, Labor & Safety Standards

7150 Harris Drive Nebraska Department of Labor
P.O. Box 30649 State Office Building, Lower Level
Lansing, MI 48909 301 Centennial Mall,South
(517) 322-6823 (H) Lincoln, NE 68509-5024
(402) 471-4717
Department of Consumer and Industry Services
7150 Harris Drive Safety Consultation & Training Section,
Lansing, MI 48909 Division of Industrial Relations
(517) 322-1809 (S) Department of Business & Industry
1301 Green Valley Parkway
Department of Labor & Industry Henderson, NV 89014
Consultation Division (702) 486-9140
443 Lafayette Road
St. Paul, MN 55155 New Hampshire Department of Health
(612) 297-2393 & Human Services
6 Hazen Drive
Mississippi State University Concord, NH 03301-6527
Center for Safety and Health (603) 271-2024
2906 North State Street
Suite 201 Division of Public Safety &
Jackson, MS 39216 Occupational Safety & Health New Jersey
(601) 987-3981 Department of Labor
225 E.State Street, 8th Floor West
Onsite Consultation Program Post Office Box 953
Division of Labor Standards Trenton, NJ 08625-0953
Department of Labor & Industrial Relations (609) 292-3923
3315 West Truman Boulevard
P.O. Box 449 New Mexico Environment Department,
Jefferson City, MO 65109 Occupational Health & Safety Bureau
(573) 751-3403 525 Camino De Los Marquez, Suite 3
Post Office Box 26110
Santa Fe, NM 87502
(505) 827-4230

OSHA Consultation Projects 55

 Division of Safety and Health Occupational Safety and Health Office
State Office Campus Department of Labor and Human Resources
Building 12, Room 130 505 Munoz Rivera Avenue, 21st Floor
Albany, NY 12240 Hato Rey, PR 00918
(518) 457-2238 (787) 754-2171

Bureau of Consultative Services OSH Consultation Program

N.C.Department of Labor - OSHA Division of Occupational Health
4 West Edenton Street & Radiation Ctrl.
Raleigh, NC 27601-1092 Rhode Island Department of Health
(919) 807-2905 3 Capital Hill
Providence, RI 02908
Division of Environmental Engineering (401) 222-2438
1200 Missouri Avenue, Room 304
Bismark, ND 58504 South Carolina Department of Labor
(701) 328-5188 Licensing & Regulation
3600 Forest Drive
Division of Onsite Consultation P.O. Box 11329
Bureau of Employment Services Columbia, SC 29204
145 S. Front Street (803) 734-9614
Columbus, OH 43215
(614) 644-2246 Engineering Extension
Onsite Technical Division
Oklahoma Department of Labor OSHA Division SD State University, West Hall
4001 North Lincoln Blvd. Box 510,907 Harvey Dunn Street
Oklahoma City, OK 73105-5212 Brookings, SD 57007
(405) 528-1500 (605) 688-4101

Department of Consumer & Business OSHA Consultative Services Division

350 Winter Street, N.E., Room 430 Tennessee Department of Labor
Salem, OR 97310 710 James Robertson Parkway, 3rd Fl.
(503) 378-3272 Nashville, TN 37243-0659
(615) 741-7036
Indiana University of Pennsylvania
Walsh Hall Workers’ Health and Safety Division
301 E. Walk, Room 210 Texas Workers’ Compensation Commission
Indiana, PA 15705-1087 Southfield Building
(724) 357-2396 4000 South I H 35
Austin, TX 78704
(512) 440-3854

56 All About OSHA

State of Utah Labor Commission Wisconsin Department of Health
Workplace Safety and Health and Human Services
Consultation Services Division of Health
160 East 300 South Section of Occupational Health
Salt Lake City, UT 84114-6650 1414 E. Washington Avenue, Room 112
(801) 530-6901 Madison, WI 53703
(608) 266-8579 (H)
Division Of Occupational Safety and Health
Vermont Department of Labor and Industry Wisconsin Department of Commerce
National Life Building, Drawer #20 Division of Manufacturing and Technical
Montpelier, VT 05602-3401 Development
(802) 828-2765 401 Pilot Court, Suite C
Waukesha, WI 53188
Virginia Department of Labor and Industry (414) 521-5063 (S)
Occupational Safety and Health 262-523-3040 WRONG NUMBERS.
Training and Consultation
13 South 13th Street Wyoming Department of Employment
Richmond, VA 23219 Workers’ Safety and Compensation Division
(804) 786-6359 Herschler Building, 2 East
122 West 25th Street
Division of Occupational Safety and Health Cheyenne, WY 82002
Virgin Islands Department of Labor (307) 777-7786
3021 Golden Rock
Christainsted
St. Croix, VI 00840 (H) —Health
(809) 772-1315 (S) — Safety

Washington Department of Labor and Industries

Division of Industrial Safety and Health
P.O. Box 44643
Olympia, WA 98504
(360) 902-5638

West Virginia Departmentof Labor

Capitol Complex Building #3
1800 East Washington Street, Room 319
Charleston, WV 25305
(304) 558-7890

OSHA Consultation Projects 57

 Index

A D
Abatement time 33 Death, worker 22
Achievement recognition program 36 Demonstration 39
Administrative law judge 34
Advance notice 17
Advisory Committee on Construction E
Safety and Health, ACCSH 16 Education 40
Annual survey 24 Emergency temporary standards 17
Arts and Humanities Act 15 Employee complaints 26
Asbestos Hazard Emergency Response Act 13 Employee involvement 35
Employee representatives 28
B Employee legal rights
Employer rights and responsibilities
13
9
Bureau of Labor Statistics, BLS 21 Energy Reorganization Act 14
Establishment 23
C Experimental variance 19

Catastrophes 26
Citation
Clean Air Act
19, 33
14
F
Closing conference 27 Failure to abate 32
Compensation and Liability Act 14 Fatalities 22
Complaint 26 Fatal accidents 26
Compliance officer 25, 26 Federal Register 17
Comprehensive partnerships 38 Federal Safety and Health Advisory
Comprehensive Environmental Response Commitee, FACOSH 16
and Compensation and Liability Act 14 Federal sector 7
Construction Safety Act 15 Federal Water Pollution Act 14
Consultation 35 Follow-up inspections 26
Criminal fines 25, 32

G
General duty clause 15
Grants 40

Index 59
 H N
Hazard prevention and control 35 National Advisory Committee
Hazards 15 on Occupational Safety, NACOSH 16
Health and Human Services, HHS 16 National Institute for Occupational
High-hazard industries 26 Safety and Heath, NIOSH 1, 11
Notice of contest 34
Notice of intent to contest 33
I Notice of proposed penalty 33
Imminent danger 26 Notice of proposed rulemaking 17
Injury and illness log 23
Inspection 33 O
Inspection walkaround 27 Occupational illness 22
Inspector credentials 27 Occupational injury 22
International Safe Container Act, ISCA 13 Occupational Safety and Health Review
Internet 4 Commission, OSHRC 34
Occupational safety and health training 39
Opening conference 27
J OSH Act 1, 13
Job safety and health protection poster 24 OSHA annual survey 24
OSHA 101 23
OSHA 200 23
OSHA approval for state plans 8
L OSHA area offices 43
Limited partnership 38 OSHA consultation projects 53
Log and Summary of Occupational OSHA coverage 6
Injuries and Illnesses 23 OSHA exemption 21
Longshoremen’s and Harbor OSHA regional offices 42
Workers’ Compensation Act 15 OSHA standard 16
OSHA Strategic Partnership
Program, OSPP 37, 38
M Other-than-serious violation 31
Management commitment 35
Maritime Advisory Committee
for Occupational Safety, MACOSH 16
Merit 37
Multiple work sites 23

60 All About OSHA

 P State and local government 7
Penalties 31-32 State plans 9
Permanent variance 19 States with approved plans 50
Petition 17 Supplementary Record of Occupational
Petition for modification of abatement 33 Injuries and Illnesses 23
Planned, or programmed, inspections 26 Surface Transportation Assistance Act 13
Private sector 7
Publications 41
T
Temporary variance 19
R Toxic Substance Control Act
Training
14
40
Referrals 26
Repeated violation 32
Reporting and recordkeeping 20
V
Variance 18
S Video products
Violations
5
31
Safe Drinking Water Act 14 Voluntary Protection Programs, VPP 36
Safety and Health Achievement
Recognition Proram, SHARP 36
Safety and health program management
guidelines 35
W
Safety and health training 35 Walsh-Healey Act 15
Section 11(c) 13 Walkaround 28
Serious violation 31 Whistleblower Protection Act of 1989 7
Services Contract Act 15 Whistleblowers 14
Small Business Regulatory Enforcement Willful violations 31
Fairness Act of 1996, SBREFA 17, 30 Worker deaths 22
Solid waste disposal 14 Workplace emergency 4
Standards-setting 8 Worksite analysis 35
Star 36
State inspection 8

Index 61
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA
SHA OSHA OSHA OSHA OSHA OSHA