All About TOSHA Basic Information About Tennessee OSHA
Mar 27, 2015
All About TOSHA
Basic Information About Tennessee OSHA
TOSHA believes the information in this presentation to be accurate and delivers this presentation as a community service. As such, it is an academic presentation which cannot apply to every specific fact or situation; nor is it a substitute for any provisions of 29 CFR Part 1910 and/or Part 1926 of the Occupational Safety and Health Standards as adopted by the Tennessee Department of Labor and Workforce Development or of the Occupational Safety and Health Rules of the Tennessee Department of Labor and Workforce Development.
SAVING LIVES
PREVENTING INJURIES AND ILLNESSES
PROTECTING THE HEALTH OF TENNESSEE WORKERS
TOSHA’sPurpose
TOSHA History
Congress Passed OSH Act in 1970OSHA was created within the
Department of LaborAllowed states to run their own OSHA
programsTennessee assumed OSH responsibility
in 1972Public Sector program established in
1974Final Tennessee state plan approved by
Federal OSHA in 1985
President Nixon Signs the Occupational Safety and Health Act Into Law
State Plan States
Alaska Arizona California ConnecticutHawaii Indiana Iowa KentuckyMaryland Michigan Minnesota NevadaNew Jersey New Mexico New York N. CarolinaOregon Puerto Rico S. Carolina Tennessee Utah Vermont Virgin Isl. VirginiaWashington Wyoming
Connecticut, New Jersey, and New York are public
sector only
TOSHA Offices
Scope
TOSHA standards and regulations apply to all places of employment where employees are exposed to a hazard
Employer’s Rights And Duties
1.The employer shall furnish a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees (T.C.A. 50-3-105)
2.Shall comply with the OSHA standards
3. Shall not restrict an inspection4. May participate in standards development5. Are entitled to review citations issued6. May seek a variance to a standard7. Are entitled to protection of trade secrets
Employee’s Rights And Duties
1. Must comply with TOSHA standards/regulations
2. Can request an inspection3. Be afforded appropriate protective
measures(labels, control techniques, personal protective equipment, monitoring)to control exposures to biological or physical agents
4. Shall not be discharged or discriminated against for filing complaints with TOSHA
5. Has 20 days to object to a citation or to the result of an investigation
6. Has the right to refuse medical treatment on religious grounds
Standards
Title Part29 CFR 1910 General Industry*29 CFR 1926 Construction*29 CFR 1928 Agriculture*29 CFR 1915 Shipyard Employment29 CFR 1917 Marine Terminals 29 CFR 1918 Longshoring*Enforced by TOSHA Enforced by Federal OSHA
Differences Between TOSHA and OSHA
Most TOSHA standards and regulations are the same as Federal OSHA’s (Section 29 Code of Federal Regulations, Part 1910)
However, these parts of 29 CFR 1910 were not adopted by Tennessee 1910.1 1910.2 1910.3 1910.4 1910.15 1910.16
Differences Between TOSHA and OSHA
TOSHA enforces the Tennessee Hazardous Chemical Right-to-Know Law containing requirements in addition to those in Hazard Communication, 29 CFR 1910.1200 Annual training on hazardous chemicals Maintenance of training records Labeling for non-containerized chemicals Submission of chemical list to TOSHA
upon request
Differences Between TOSHA and OSHA
Tennessee’s Sharps Injury Prevention Law requires all users of needles to keep a Sharps Injury Log listing the type and brand of device in use when each sharps injury occurred
TOSHA enforces the Z-1-A tables of Permissible Exposure Limits on hazardous chemicals
Differences Between TOSHA and OSHA
TOSHA allows 20 calendar days after receipt of citations to hold an informal conference and/or notify TOSHA of the contestment of citations
General Duty Clause
Each employer shall furnish to each of his (or her) employees conditions of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to his (or her) employees.
General Duty Clause
For the general duty clause to be used by TOSHA to cite a violation, there must be:1) An exposed employee
2) A recognized hazard
3) The likelihood of death or serious physical harm4) A feasible & useful method of abatement
Inspections
All inspections are unannouncedScheduling Priority
Imminent Danger Fatalities/Catastrophes Complaints/Referrals Programmed Inspection Special Emphasis Programs/ Targeting
Initiatives
Special Inspections
Special Emphasis Programs Fall Protection Trenching and Excavation Occupational Noise Carbon Monoxide Amputations
Targeting Initiatives Metal Working Industries Construction Sharps Injury Prevention in Hospitals and Ambulatory
Surgical Treatment Centers
Inspections
Compliance officer shows credentialsOpening conference is held
Employer representative participates Employee representative participates
Walkaround is conductedClosing conference is heldReturn for air or noise sampling may be
necessaryDuration may be 1 day-6 months
Citations
Issued for all apparent violations of TOSHA standards and regulations
Issued for first incidence of violationsOften are accompanied by monetary
penaltiesIssued within 6 months (usually less)
of the violationArrive by certified mail (return receipt)
TOSHA’s Penalty Structure
Type of Violation Maximum PenaltySerious/Other than Serious $7,000/$1,000
Willful $70,000Repeated $70,000
Failure to Abate $7,000 per day
Penalty Adjustment FactorsThese adjustments are made before
the citation is issued Size--maximum 50% reduction (25 or fewer
employees) Good faith--maximum 50% reduction
(effective safety and health efforts prior to the inspection)
History--maximum 10% reduction (lack of history of previous violations)
Maximum reduction attainable is 90%
Appeal—Level 1
Informal conference Informal meeting with the
Administrator of TOSHA (or representative) to discuss inspection findings and /or monetary penalties
Must be requested and held with 20 days of receipt of citation(s)
Appeal--Level 2
Citations and penalties may be contested
Written Notification of Contestment must be received in the Nashville Office within 20 days of receipt of the citation(s)
Contestments are set for a hearing before the Tennessee Occupational Safety and Health Review Commission
Further Appeals
Chancery Court-Davidson CountyState Court of AppealsState Supreme Court
Required Postings
“It’s The Law” PosterCitationsNotice of Informal ConferenceOSHA 300A Form
Recognition Programs
Volunteer STAR AwardSHARP AwardGovernor’s AwardCommissioner’s Award
Volunteer STAR
The Voluntary Protection Program (VPP) Also known as the Volunteer STAR award Designed to recognize and promote
effective safety and health management
Cooperative relationship between management, labor, and TOSHA
For companies with a strong safety and health program
Volunteer STAR Criteria
Management Leadership And
Employee Involvement
Worksite Analysis
Hazard Prevention And Control
Safety And Health Training
SHARP
S - SafetyH - HealthA - AchievementR - RecognitionP - Program
SHARP
Open to smaller companies with limited resources
Must make a commitment to significant safety and health improvement in the workplace
Governor’s/Commissioner’s Award of Excellence
Open to manufacturing and construction firms
Commissioner’s Award No lost time injuries or illnesses*
Governor’s Award No lost time or restricted/transferred
duty injuries or illnesses**Based on worker-hours worked
Need Help?
Call TOSHA Consultative Services for on-site compliance assistance
Who qualifies? Facilities with: Less than 500 employees
corporate-wide and Less than 250 employees at the
facility
Consultative Services
No CostNo CitationsNo PenaltiesEmployer Must Agree To Correct
HazardsCall 1-800-325-9901
Call TOSHA
Memphis Office 901-543-7259 Jackson Office 731-423-5641Nashville Office 615-741-2793
1-800-249-8510Knoxville Office 865-594-6180Kingsport Office 423-224-2042Chattanooga 423-634-6424Consultative Services 1-800-325-9901
Web Resources
Federal OSHA www.osha.gov
TOSHAwww.tennessee.gov/labor-wfd/tosha
Centers for Disease Controlwww.cdc.gov
National Institute of Occupational Safety and Health
www.cdc.gov/niosh