ISCOSA TRAINING CENTER

OCCUPATIONAL SAFETY AND HEALTH

MANAGEMENT - OSHA

LESSON 19
LEAD SAFETY IN THE WORKPLACE
Introduction

As an "agent of the employer" the supervisor assumes the responsibilities of the

employer to the degree he or she has been given authority. This first module will
introduce you to some of the basic employer responsibilities, and the obligations the
employer and employees have to each other.

Safety is very smart business!

Although, we're discussing what the legal obligations the employer has in this
module, it's important not to lose sight of the fact that "doing safety" to primarily
avoid OSHA violations and penalties is probably the least effective safety
management approach. Employers who understand the long term financial and
cultural benefits derived from world-class safety management and leadership will be
more likely to develop a proactive safety and health system that not only meets
OSHA requirements, but far exceeds them. You can find out more about developing
effective safety systems in Course 700.

The Supervisor is the Key

The supervisor is the person who can take immediate, direct

action to make sure that his or her work area is safe and
healthful for all employees. the supervisor bears the greatest
responsibility and accountability for implementing the safety
and health program because it is he or she who works most
directly with the employee.

Lesson 19 Code: SEC-COA-MG1A 199

 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA
It is important that the supervisor understand and apply successful management and
leadership principles to make sure their employees enjoy an injury- and illness-free
work environment. Management may be thought of as applying organizational skills,
while leadership involves effective human relations skills.

What does the law say?

As detailed in the Section 5 (The General Duty Clause) of the

OSHA Act of 1970, the employer is assigned responsibility and
held accountable to maintain a safe and healthful
workplace.

Excerpt: Public Law 91-596, 91st Congress, S. 2193, December 29, 1970.

An Act

To assure safe and healthful working conditions for working men and women;
by authorizing enforcement of the standards developed under the Act; by
assisting and encouraging the States in their efforts to assure safe and healthful
working conditions; by providing for research, information, education and
training in the field of occupational safety and health; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled, That this Act may be cited as the
'Occupational Safety and Health Act of 1970'.

(a) Each Employer -

(1) shall furnish to each of his employees employment and a place of

employment which are free from recognized hazards that are causing or are
likely to cause death or serious physical harm to his employees;

(2) shall comply with occupational safety and health standards promulgated under
this act.

200 Code: SEC-COA-MG1A Lesson 19

 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA
(b) Each employer shall comply with occupational safety and health standards
and all rules, regulations, and orders issued pursuant to this Act which are
applicable to his own actions and conduct.

Employer Responsibilities

As you can see, employers have clearly defined responsibilities under the
Occupational Safety and Health Act of 1970. The following list is an expansion on
those basic responsibilities that are stated throughout the OSHA standards.

• Provide a workplace free from recognized hazards. A recognized hazard

may be thought to be one that is known by, or should be known by the
employer. Conditions and practices generally known to be hazardous in an
industry. Ultimately, fulfilling this requirement is a function of sound
management and leadership. We'll be addressing effective management
throughout the course, and leadership more specifically in Module 8.

• Examine workplace conditions to make sure they conform to applicable

OSHA standards. What are workplace "conditions?" Things, states of being.
Hazardous conditions include tools, equipment, workstations, materials,
facilities, environments, and people. Employees who, for any reason, are not
capable of working safely should be considered hazardous conditions in the
workplace. Identifying hazards will be covered in Module 2.

• Minimize or reduce hazards. OSHA expects the employer to first consider

engineering controls to eliminate or reduce hazards. Work practice,
administrative controls, and personal protective equipment are also strategies
used to minimize or reduce hazards. We'll be addressing this important
responsibility in Module 3.

• Make sure employees have and use safe tools and equipment and
properly maintain this equipment. How does the employer "make sure"
this responsibility is fulfilled. Adequate supervision means identifying and
correcting hazardous conditions and unsafe work practices before they result
Lesson 19 Code: SEC-COA-MG1A 201
 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA
in injuries. Successfully meeting this responsibility will be covered in
Module 4.

• Use color codes, posters, labels, or signs to warn employees of potential

hazards. Remember, warnings are just that...they warn, but do not prevent
exposure to hazards. Be sure warnings describe the consequences of exposure
or behavior.

• Establish or update operating procedures. Is OSHA talking about a

comprehensive safety program?

Although it is not yet required by OSHA standards, it's very smart business to
develop a comprehensive written plan that addresses commitment, involvement,
identification, control, analysis, and evaluation activities. Typically, first-line
supervisors are not involved in developing comprehensive safety plans unless they
are members of a safety committee.

Communicate safety policies, procedures, and rules. This requirement is necessary

so that employees follow safety and health requirements. The supervisor is a key
player in communicating safety expectations. Although the safety committee and
safety coordinator may provide help in fulfilling this responsibility, do not assume it's
solely their job. Effective safety communications will be addressed in Module 4.

• Provide medical examinations and training when required by OSHA

standards. Respiratory protection, bloodborne pathogens, and other rules
may require examinations.

• Provide adequate safety education and training. Of course, any exposure

to hazards requires training. Safety education at all levels of the organization
is critical to a successful safety culture. More on this topic in Module 5.

• Report fatalities and catastrophes to the nearest OSHA office within 8

hours. This requirement includes any fatal accident or one that results in the
hospitalization of three or more employees. If you work in a "state plan" state,

202 Code: SEC-COA-MG1A Lesson 19

 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA
your OSHA laws may include additional reporting requirements.

• Keep records of work-related injuries and illnesses. Provide employees,

former employees, and their representatives access to the OSHA Form 300 at a
reasonable time and in a reasonable manner. Post the OSHA Form 300-A
summary no later than February 1 of the year following the year covered by
the records and keep the posting in place until April 30.

• Provide access to employee medical records and exposure records. Access

should be provide to affected employees or their authorized representatives.

• Not discriminate against employees who exercise their rights under the
Act. Employees have a legal right to communicate with OSHA. No employee
should be subject to restraint, interference, coercion, discrimination, or reprisal
for filing a report of an unsafe or unhealthful working condition. More on this
later in the module.

• Post OSHA citations at or near the work area involved. Each citation must
remain posted until the violation has been corrected, or for three working days,
whichever is longer. Post abatement verification documents or tags. Correct
cited violations by the deadline set by OSHA citation and submit required
abatement verification documentation.

Lesson 19 Code: SEC-COA-MG1A 203

 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA

Employee Responsibilities

Although OSHA does not cite employees for violations of

their responsibilities, each employee must comply with all
occupational safety and health standards and all rules,
regulations, and orders issued under the Act that are
applicable. Employee compliance is not likely unless the
employer holds its employees accountable. Think of it this
way: The employer is held accountable to OSHA standards.
The employee is held accountable to the employer standards.
One effective strategy for communicating this "chain of
command" for accountability
is for the employer to use language stressing that employees
comply with the "company's safety rules" rather than the
OSHA rules. Instead of having an "OSHA Manual,"
construct an "XYZ, Inc. Safety Manual."

Following this strategy to communicate responsibilities is important for a couple of

reasons:

• Employees at all levels should clearly understand the "chain of command"

for accountability in the workplace.
• The employer communicates the message that they are doing safety because the
want to out of concern for their safety, not because they have to merely to
comply with the law.

According to OSHA law, employee's should do the following:

• Follow all lawful OSHA and employer safety policies and rules.
• Report hazardous conditions to the supervisor.
• Report immediately any job-related injury or illness to the employer, and seek
treatment properly.

Some examples of discrimination are firing, demotion, transfer, layoff, losing

opportunity for overtime or promotion, exclusion from normal overtime work,
204 Code: SEC-COA-MG1A Lesson 19
 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA
assignment to an undesirable shift, denial of benefits such as sick leave or vacation
time, blacklisting with other employers, taking away company housing, damaging
credit at banks or credit unions and reducing pay or hours.

Refusing to do a job because of potentially unsafe workplace conditions is not

ordinarily an employee right under the OSHA Act. (Your union contract or state
law may, however, give you this right, but OSHA cannot enforce it.) Refusing to
work may result in disciplinary action by your employer. However, employees have
the right to refuse to do a job if they believe in good faith that they are exposed to
an imminent danger. "Good faith" means that even if an imminent danger is not
found to exist, the worker had reasonable grounds to believe that it did exist.
Most discrimination complaints fall under the OSHA Act of 1970 that gives the
employee only 30 days to report acts of discrimination. OSHA conducts an in-depth
interview with each complainant to determine the need for an investigation. If
evidence supports the worker's claim of discrimination, OSHA will ask the
employer to restore the worker's job, earnings and benefits. If the employer objects,
OSHA may take the employer to court to seek relief for the worker.

Lesson 19 Code: SEC-COA-MG1A 205

 ISCOSA TRAINING CENTER
OCCUPATIONAL SAFETY AND HEALTH
MANAGEMENT - OSHA

NOTES:

206 Code: SEC-COA-MG1A Lesson 19