HRT 350 Lecture Notes - Lecture 12: The Employer, Role Conflict

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Chapter 12 Workplace Health and Safety
Agencies Created by OSHA
Occupational Safety and Health Administration (OSHA)
Occupational Safety and Health Review Commission (OSHRC)
o The Appeal Board appointed by the U.S. President
National Institute of Occupational Safety and Health (NIOSH)
o Center for research that evaluates workplace health and safety
Responsibilities & Rights of Employers
Employer responsibilities:
o To meet the duty to provide “a workplace free from recognized hazards”
o To be familiar with mandatory OSHA standard
o To be examined the workplace by OSHA
Employer rights:
o To seek advice and off-site consultation from OSHA
o To request and receive proper identification of the OSHA compliance officer
before inspection
o To be advised by the compliance officer of the reason for an inspection
Employee responsibilities:
o To comply with all applicable OSHA standards:
Follow all employer safety and health rules and regulations
Report hazardous conditions to the supervisor
Employee rights:
o The right to refuse to work in an unsafe environment
o Protected from retaliation for work refusal or reporting hazards to OSHA
o The right to know if hazardous or toxic materials are being used in the workplace
Employee rights: the right to demand safety and health on the job without fear of
punishment
o OSHA cannot cite employees for violations of the employee’s responsibilities
Conduct of OSHA Inspections
OSHA officer usually arrives at the workplace unannounced
He or she displays official credentials and asks to meet an employer representative
Officer explains the visit’s purpose, the scope of the inspection, and the standards that
apply
An authorized employee representative accompanies the officer during the inspection
Inspector can also stop and question workers (in private, if necessary) about safety and
health conditions
Inspector holds a closing conference with the employer’s representative to discuss
apparent violations which may result in a citation and penalty
At this point, the employer can produce records to show compliance efforts
Inspection Guidelines for Managers
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