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OSHA RULES, REGULATIONS AND PROCESSES, e - Coggle Diagram

- - - - Employers can request an "informal conference" to get a better understanding of the violation before contesting.
        
        Once an employer does decide to contest, they can enter into a settlement agreement, after a formal or informal contest proceeding. (Most contests end in settlements.)
        
        If a settlement is reached after an informal conference, an ISA (Informal Settlement Agreement) must be signed that will forfeit an employer's right to contest.
        
        After settlement is complete, OSHA's retains rights to keep violations on employer's records for future inspection purposes
        
        Corporate-wide settlement agreements refers to a OSHA enforcing health standards on facilities owned by the employer outside of the building the violation occured.
        
        Litigation process: (If not settled) After a notice of consent is received, OSHA must file an administrative complaint with the Occupational Safety
        and Health Review Commission (OSHRC.), an independent federal agency.
        
        The complaint must describe the circumstances of the violation and must be served no later than 20 days after the notice to consent is received
        
        The rules of procedures of the OSHA's statute, 29 C.F.R. Part 2200, govern two types of proceedings, formal and nonformal. The first level of adjudication is coming before the ALJ (Administrative Law Judge)
        
        The ALJ will notify the party of the date and location of the hearing and the hearing must be posted in the work site. The cited employer may appear with or without counsel. Employees and staff members may be called as witnesses.
        
        Employer must retain information on violation and know what evidence OSHA is using for justification of penalty
        
        1 more item...
      - (There's a six month statute of limitations, which starts after OSHA disovers the violation.)
        
        Employees are encouraged to report any violations to OSHA they encounter. "Whistleblower provisions" were put in place to prevent employees who speak out about violations from getting fired, demoted, pay reductions, etc..
- - - - Serious: Probability of death or serious harm- amputations, bleeding, cuts
      - Non serious: Any violations that aren't serious or minor. Will not cause death but will have direct impact on employee
      - Minor: Little to no impact on health of employee
- - - - Injured person must be an "employee" at the time of injury and the injury must be work-related. However the employee doesn't have to be performing a specific job task when injury occured.
        
        Except for exempt employer establishments, all employers with more than 10 employees must record all injuries, deaths and illnesses
        
        Establishments are: “a single physical location where business is conducted or where services
        or industrial operations are performed. Examples are: hotels, factory mills, and hospitals.
        
        Injury and illness records must be kept on establishment's site.Some exceptions include: traveling salespersons and technicians.
        
        Certain injuries or illnesses must be classfied as privacy concerns, such as mental illness, sexual assault, and HIV infections
        
        Employers must inform employees how to record injuries and illnesses.
        
        Employees, former employees, and personal representatives have the right to access to employer's records with some limitations.
        
        Employers must save the *OSHA 300 log, the OSHA 301 incident report forms and the OSHA 300A annual summary.pdf)* form for five years. (Any changes must be updated in the 300 Log.
        
        At the end of each calendar year, employers must review 300 Log and verify the entries.
        
        OSHA 300A is an annual summary of injuries based on the 300 Log. Must include:
        
        the calendar year covered, the company's name, the establishment's name and address
        
        the annual average number of employees covered by the OSHA 300 log
        
        the total hours worked by all covered employees.
        
        Must be posted in aonsp cicuous place no later than February 1st, and be up until April 30th
      - Employers can be fined or penalized for not complying with OSHA's recording requirements.
        
        Fines can be between $5-7,000 for failures to report
        
        Fines for not properly keeping records can be $1,000 for each year employer was out of compliance.
        
        $1,000 penalties for not filling out OSHA 301 at all (Max $7,000) or not completing (Max $3,000)