DESIGN FOR OCCUPATIONAL HEALTH AND SAFETY:SAFETY AND HEALTH ORGANIZATIONS, AGENCIES, LAWS, AND REGULATIONS

SAFETY AND HEALTH ORGANIZATIONS, AGENCIES, LAWS, AND REGULATIONS

History has shown that ensuring the safety and health of the workforce cannot be left solely to the discretion of owners and employers. There are those who take advantage of their position and power and do not provide adequate safeguards. Today this is true for only a small percentage of employers but unfortunately, even well-intentioned employers sometimes expose the workforce to hazardous conditions through ignorance of the risks. Factory safety laws were enacted in Europe in past centuries to deal with employer abuses. The basic concepts were adopted in the United States when some of the states took action in the form of factory laws and regulations, both for worker safety and for compensation in case of injury. Over the years these laws were strengthened and broadened until 1969 and 1970, when the U.S. Congress created two federal laws regulating safety and health for those employers engaged in interstate commerce in coal mining and all other private industry. In 1977, federal legislation dealing with other forms of mining was added. However, public institutions such as state and local governments and universities were not covered by the federal laws in the United States and still are not covered by federal safety legislation.

The Occupational Safety and Health Act of 1970 (OSHAct) remains the primary federal vehicle for ensuring workplace safety and health in the United States. This law requires that employers provide a place of employment free from recognized hazards to employee safety or health. The critical word is ‘‘recognized’’ because today’s workplaces have many new materials and processes for which hazard knowledge is absent. This places a large responsibility on the employer to keep abreast of new knowledge and information about workplace hazards for their operations. The OSHAct estab- lished three agencies to deal with workplace safety and health. These were the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), and the Occupational Safety and Health Review Commission.

The Occupational Safety and Health Administration

OSHA, located within the U.S. Department of Labor, has the responsibility for establishing federal workplace safety and health standards and enforcing them. Over the last three decades, OSHA has developed hundreds of standards that have been published in the code of federal regulations (CFR) Section 29 CFR, subsections 1900–1928, which cover General Industry (1910), Longshoring (1918), Construction (1926), and Agriculture (1928) (http: / / www.osha-slc.gov / OshStd toc / OSHA Std toc.html). This code is revised periodically and new standards are added continually. Current and proposed rules and standards include Process Safety Management of Highly Hazardous Chemicals (1910.119), Personal Protective Equipment (1910.132 to 1910.139), the Proposed Safety and Health Program Rule, and the Final Ergonomic Program Standard. It is important for employers to keep up with these new and revised standards. One way is to keep in frequent contact with your area office of OSHA and request that they send you updates. Another way is to subscribe to one or more of the many newsletters for occupational safety and health that provide current information and updates. A third way is to access the OSHA web page (http: / / www.osha.gov), which provides information about current activities, regulations, and updates.

Workplaces are required by law to be in compliance with the federal safety and health standards. Failure to do so can be the basis for federal fines in the first instance, meaning that when a violation is found, the inspector will propose a fine and an abatement period. Under some of the former state safety programs, an identified hazard did not bring a fine if it was controlled within the abatement period. Under the federal process, fines will be assessed immediately after a hazard is identified. These fines can be substantial, and the threat of such fines is felt to be an incentive for compliance with the federal standards. Many employers feel that this first-instance fine is punitive and takes resources away from abatement efforts. However, the logic of first-instance fines is to motivate em- ployers to be proactive in looking for and correcting workplace hazards. If an employer is found to be in violation of a standard and disagrees with the inspector about this, the employer has the right to a review at higher OSHA levels. If no recourse is obtained from OSHA, then the employer has the right for review by the Occupational Safety and Health Review Commission. The employer also has the right to subsequent legal recourse through the federal courts.

Current estimates of the numbers of OSHA inspectors and workplaces indicate that the average workplace can expect an OSHA inspection about every 9 to 10 years. To apply its inspection resources in the most effective manner, OSHA has adopted a strategy to concentrate on the most hazardous industries. Thus, these industries can expect an inspection much more often. OSHA concentrates on select high-risk industries, such as construction, and select injuries, such as cumulative trauma, which is widespread in meat processing and assembly jobs. OSHA has contracted with several state workers’ compensation agencies to obtain data on the employers in these states with the greatest injury fre- quency and severity and uses these data to select employers for inspection. Inspections can also be triggered by a complaint from an employee or employee representative. When the inspector arrives at your workplace, you will be shown an official credential indicating that the inspector is from OSHA. It is a good policy to cooperate with the OSHA inspector. However, at the initial contact by the inspector you have the right, by ruling of the U.S. Supreme Court, to require a search warrant for entry into your workplace. Most employers provide immediate access to their facilities because requiring a search warrant may create an antagonistic situation once the warrant is obtained by the inspector.

When an inspection is triggered by a complaint, the inspector will typically only examine the hazard(s) and work areas defined in the complaint. If it is a general inspection, usually the entire workplace is examined. The first step in the inspection is a review of your injury and illness log (OSHA 300). The inspector will be looking for jobs or areas of the plant that have many injuries and illnesses. After this, the inspector will conduct a walk-through of the facility. You have the right to accompany the inspector on the inspection and point out trade secrets that you want to be kept confidential. OSHA will meet your request unless there is good reason to believe that your trade secret is not really a secret. A representative of your employees is also allowed to accompany the inspector. During the inspection the inspector will talk to employees about their working conditions and any safety and health problems they are encountering. The inspector will take notes on what is observed and heard. Some inspections are complex and require special measurements of the equip- ment, air contamination, noise level, or other aspects of hazard exposure. Depending on the size of the plant or store location and the number of hazards, an inspection can take from one day up to several months. At the end of the inspection, the inspector will have a closing conference with management and the employee representative to discuss what was observed and possible violations of the standards. If standards were violated, some days after the inspection you will receive a formal citation indicating the standards violated and proposed penalties via registered mail. At that time you can contest any of the proposed violations and / or penalties. These will be reviewed with you by the OSHA area director and some agreement may be reached at that time. If not, you can contest to higher levels in OSHA, and then to the Occupational Safety and Health Review Commission. The final recourse is the federal courts.

OSHA also provides professional training and short courses to safety and health professionals, employee representatives, and employees at the OSHA Training Institute and through contracts with universities, colleges, technical schools, and unions. See the OSHA website for information on train- ing (http: / / www.osha.gov).

The National Institute for Occupational Safety and Health

NIOSH is a subunit of the Centers for Disease Control and Prevention (see website http: / / www.cdc.gov), which conducts research into the causes and cures of occupationally caused injuries and illnesses. It also has a training function that promotes the development of occupational safety and health professionals. NIOSH research covers a broad range of topics, from the toxicology of chemicals, metals, and biological agents to the causes of accidents to the psychological stress aspects of the workplace, to name a few. The results of this research are published in the scientific literature and public reports disseminated by NIOSH and the U.S. Government Printing Office. A listing of these reports is available on the NIOSH website (http: / / www.cdc.gov / niosh). Oftentimes enough research knowledge is accumulated to develop a recommendation for a federal safety and health standard. At that time a criteria or technical document is developed that defines the scope of the hazard(s), the evidence for adverse safety or health effects, and recommendations for exposure limits and control mechanisms. These criteria documents and technical reports are sent to OSHA for con- sideration as the basis for a safety and health federal standard. They also often appear in court litigation as the state-of-the-art knowledge about the hazards of products in product liability suits, even though they may not have been adopted as standards. Information on these criteria documents and NIOSH research reports is available from the U.S. Superintendent of Documents in Washington, DC, and from the NIOSH website.

NIOSH also conducts health hazard investigations in situations where employees become ill from unknown causes or where they have been exposed to agents for which only scarce knowledge is available and special expertise is needed. These investigations are triggered by a request for technical assistance from OSHA, a state health agency, a state safety agency, or a health hazard evaluation request from a company, union, or employee. NIOSH has a right of entry into workplaces for these investigations but can be required to obtain a search warrant by the company. These investigations are often much more complex than OSHA investigations and can entail extensive environmental measurement, employee physical examinations and interviews, examinations of company records, and discussions with management. Reports are developed based on the evaluation, which include a de- termination of hazards and proposed methods of control. These reports may be sent to OSHA for compliance action (inspection and / or citation).

State Agencies

The state(s) in which your operation(s) are located may also have jurisdiction for enforcing occu- pational safety and health standards, and conducting investigations based on an agreement with OSHA. In many states the state health agency and / or labor department has agreements with OSHA to provide consultative services to employers. You can find out by contacting these agencies directly. In several states the safety and health agencies enforce safety and health rules and standards for local and state government employees, or other employees not covered by OSHA. See website http: / / www.cdc.gov / niosh / statosh.html.

Centers for Disease Control and Prevention

The purpose of the Centers for Disease Control and Prevention (CDC) is to promote health and quality of life by preventing and controlling disease, injury, and disability. The CDC provides limited information on occupational safety and health. For example, their web page has information about accident causes and prevention, back belts, cancer—occupational exposure, effects of workplace hazards on male reproductive health, latex allergies, needle stick, occupational injuries, teen workers, and violence in the workplace (see website http: / / www.cdc.gov). The Center for Health Statistics is located within CDC and provides basic health statistics on the U.S. population. This information is used to identify potential occupational health risks by occupational health researchers (see website http: / / www.cdc.gov / nchs).

The Bureau of Labor Statistics

The Bureau of Labor Statistics (BLS) is the principal fact-finding agency for the federal government in the broad field of labor economics and statistics (see website http: / / stats.bls.gov). It collects, processes, analyzes, and disseminates essential statistical data. Among the data are occupational safety and health data, including annual reports, by industry, of rates of injuries, illnesses, and fatalities (http: / / stats.bls.gov / oshhome.htm).

The Environmental Protection Agency

The Environmental Protection Agency (EPA) was established as an independent agency in 1970 with the purpose of protecting the air, water, and land (see website http: / / www.epa.gov). To this end, the EPA engages in a variety of research, monitoring, standard setting, and enforcement activities. The Agency administers 10 comprehensive environmental protection laws: the Clean Air Act (CAA); the Clean Water Act (CWA); the Safe Drinking Water Act (SDWA); the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund); the Resource Conservation and Recovery Act (RCRA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Toxic Substances Control Act (TSCA); the Marine Protection, Research, and Sanctuaries Act (MPRSA); Uranium Mill Tailings Radiation Control Act (UMTRCA); and the Pollution Prevention Act (PPA). The EPA’s Strategic Plan for the 21st century includes 10 goals, among which is one dealing with preventing pollution and reducing risk in communities, homes, workplaces, and eco- systems. For the purposes of this chapter, we will focus on the issues related to workplaces. According to the EPA’s plan (EPA 1999), over 75,000 chemicals are in commerce today, with an estimated 2,000 new chemicals and 40 genetically engineered microorganisms introduced each year. Among those are potentially toxic chemicals that may present risks to workers, such as persistent, bioaccu- mulative and toxic chemicals (PBTs). Reducing PBTs should lead to safer manufacturing processes and eliminate some occupational exposures. Strategies to deal with such chemicals include better management of, training about, and reduced use of pesticides; better programs to deal with the chemical industry; industrial pollution prevention; better building construction to promote quality indoor air; and industrial waste minimization.

Other Agencies and Groups

The American National Standards Institute (ANSI) was founded in 1918 and has been the adminis- trator and coordinator of the United States private sector voluntary standardization system (see website http: / / www.ansi.org). ANSI does not itself develop standards but rather facilitates development by establishing consensus among qualified groups. ANSI has developed a number of occupational health- and safety-related standards, including standards related to information management for occupational safety and health (ANSI Z16.2-1995), preparation of hazardous industrial chemical material safety  data sheets (ANSI Z400.1-1998), construction safety and health audit programs (ANSI A10.39-1996), and human factors engineering of visual display terminal workstations (ANSI / HFS 100-1988).

The mission of the American Society for Testing and Materials (ASTM) is to be the foremost developer and provider of voluntary consensus standards, related technical information, and services having internationally recognized quality and applicability that (1) promote public health and safety,

(2) contribute to the reliability of materials, products, systems and services, and (3) facilitate national, regional, and international commerce. See website http: / / www.astm.org.

The International Labour Organization (ILO) was created in 1919 and is a United Nations (UN) specialized agency that seeks the promotion of social justice and internationally recognized human and labor rights (see webpage http: / / www.ilo.org). The ILO formulates minimum standards of basic labor rights, such as freedom of association, the right to organize, and collective bargaining. It also provides technical assistance in areas such as vocational training and vocational rehabilitation, em- ployment policy, working conditions, and occupational safety and health. There is a branch concerned with occupational safety and health (see website http: / / www.ilo.org / public / english / protection / safework / intro.htm) that focuses on reducing the number and seriousness of occupational accidents and diseases, adapting the working environment, equipment, and work processes to the physical and mental capacity of the worker, enhancing the physical, mental, and social well being of workers in all occupations, encouraging national policies and programs of member states, and providing appro- priate assistance. To achieve those aims, the ILO works with government and nongovernment agencies to design and implement policies and programs to improve working conditions. The ILO is currently working on a global program for occupational safety and health.

The constitution of the World Health Organization (WHO) was approved in 1946 (see website http: / / www.who.org). Its goal is good health for all people. To this end, the WHO directs interna- tional health activity, promotes technical cooperation, helps governments strengthen their own health services, provides technical assistance, conducts research, and establishes international standards for biological and pharmaceutical products. They also provide information on global occupational safety and health issues (see website http: / / www.who.org / peh / Occupational health / occindex.html), such as biological agents, noise, radiation, chemicals, occupational carcinogens, and allergenic agents. WHO established the international statistical classification of diseases and related health problems in occupational health. The organization has a global strategy on occupational safety and health that includes 10 priority areas:

1. Strengthening international and national policies for health at work and developing necessary policy tools

2. Developing healthy work environments

3. Developing healthy work practices and promoting health at work

4. Strengthening occupational health services

5. Establishing support services for occupational health

6. Developing occupational health standards

7. Developing human resources for occupational health

8. Establishing registration and data systems, developing information services, and raising public awareness

9. Strengthening research

10. Developing collaboration in occupational health with other services

The European Agency for Safety and Health at Work (see website http: / / europe.osha.eu.int / ) was established in 1996 and is based in Bilbao, Spain. The Agency has put forth numerous directives for employers in its member states to follow. These include general safety requirement directives, directives regarding temporary workers, pregnant workers, and young people and directives on manual handling, work equipment, and safety signs. The agency also conducts information campaigns, such as the recently launched campaign aimed at reducing the number of work-related back injuries and other musculoskeletal disorders. Other information about occupational health and safety in the Eur- opean Union can be found using HASTE (see website http: / / www.occuphealth.fi / e / eu / haste / ), the European Union health and safety database, which lists databases from member states.

Safety and Ergonomics Program Standards

The purpose of the OSHA Proposed Safety and Health Program Rule (see website http: / / www.osha- slc.gov / SLTC / safetyhealth / nshp.html) is to reduce the number of job-related fatalities, illnesses, and injuries by requiring employers to establish a workplace safety and health program to ensure com- pliance with OSHA standards and the General Duty Clause of the OSHAct. All employers covered

under the OSHAct are covered by this rule (except construction and agriculture), and the rule applies to all hazards covered by the General Duty Clause and OSHA standards. Five elements make up the program:

1. Management leadership and employee participation

2. Hazard identification and assessment

3. Hazard prevention and control

4. Information and training

5. Evaluation of program effectiveness

Employers that already have safety and health programs with these five elements can continue using their existing programs if they are effective. Late in 2000, OSHA announced its Final Ergonomic Program Standard (see website http: / / www.osha-slc.gov / ergonomics-standard / index.html). The pro- posed Standard specifies employer’s obligations to control musculoskeletal disorder (MSD) hazards and provide MSD medical management for injured employees. The Proposed Ergonomic Standard uses a program approach—that is, the proposal specifies the type of a program to set up to combat MSD, as opposed to specifying the minimum or maximum hazard levels. According to the proposed ergonomic standard, an ergonomic program consists of the following six program elements:

1. Management leadership and employee participation

2. Hazard information and reporting

3. Job hazard analysis and control

4. Training

5. MSD management

6. Program evaluation

These are similar to the elements in the proposed safety and health program rule. The proposed ergonomics standard covers workers in general industry, though construction, maritime, and agricul- ture operations may be covered in future rulemaking. The proposal specifically covers manufacturing jobs, manual material-handling jobs, and other jobs in general industry where MSDs occur. If an employer has an OSHA recordable MSD, the employer is required to analyze the job and control any identified MSD hazards. Public hearings were ongoing regarding the proposed ergonomic stan- dard as of March–April of 2000 and written comments were being taken. Some states have proposed ergonomic standards to control MSDs.

The California Ergonomic Standard (see website http: / / www.dir.ca.gov / Title8 / 5110.html) went into effect on July 3, 1997. The standard targets jobs where a repetitive motion injury (RMI) has occurred and the injury can be determined to be work related and at a repetitive job. The injury must have been diagnosed by a physician. The three main elements of the California standard are work site evaluation, control of exposures that have caused RMIs, and employee training. The exact lan- guage of the standard has been undergoing review in the California judicial system.

The purpose of the Washington State Proposed Ergonomics Program Rule (see website http: / / www.lni.wa.gov / wisha) is to reduce employee exposure to workplace hazards that can cause or aggravate work-related musculoskeletal disorders (WMSDs). There are no requirements for medical management in the proposed rule. The proposal covers employers with caution zone jobs, which the proposed rule defines based on the presence of any one or more of a number physical job factors. For example, a caution zone job exists if the job requires ‘‘working with the neck, back or wrist(s) bent more than 30 degrees for more than 2 hours total per workday’’ (WAC 296-62-05105). The proposed standard specifies the type of ergonomic awareness education that must be provided to employees who work in caution zone jobs. The standard also states that if caution zone jobs have WMSD hazards, employers must reduce the WMSD hazards identified. Several tools are suggested that can be used to analyze the caution zone jobs for WMSD hazards, and thresholds are provided that indicate sufficient hazard reduction. The rule also states that employees should be involved in analyzing caution zone jobs and in controlling the hazards identified. This proposed rule was under review in 2000.

The proposed North Carolina Ergonomic Standard (see website http: / / www.dol.state.nc.us / news/ ergostd.htm) was first announced in November 1998. Like the proposed national standard and Cal- ifornia’s standard, North Carolina’s is a program standard without physical hazard thresholds. The proposal states employers shall provide ergonomic training within 90 days of employment and no less than every three years thereafter. It also specifies the nature of that training, which includes information on ergonomic physical hazards, MSDs that can arise from ergonomic hazards, workplace ways to control ergonomic hazards, and the importance of reporting symptoms. Under the proposed standard, if an MSD is thought to be causally related to work, the employer has to implement

engineering controls, work practice controls, and / or administrative controls to reduce the impact of the ergonomic hazards. Employee participation in the ergonomic program is encouraged.