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OSHA The OSH Act

OSH Act – Section 3 – Definitions

In order to really understand any Standard, or in the case, the Occupational Safety and Health Act (OSH Act), you need to truly understand the words that are used within them. This is why Congress, and OSHA, take the time to define words that can have multiple meanings or interpretations. Some of the defined words that I find particularly interesting in the OSH Act are:

  • “employer” means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State (OSHA, 1970).
  • “employee” means an employee of an employer who is employed in a business of his employer which affects commerce (OSHA, 1970).
  • “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof (OSHA, 1970).
  • State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands (OSHA, 1970).
  • “occupational safety and health standard” means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment (OSHA, 1970).
  • “national consensus standard” means any occupational safety and health standard or modification thereof which (1), has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered and (3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies (OSHA, 1970).

Right in the definitions you can begin to see the scope, and omissions, that the OSH Act are beginning to lay the foundation for. All “employers” who are involved in “commerce” are required to adhere to the “occupational safety and health standards”.

However, as identified, “employer” does not include the United States, any State, or political subdivision of a State.

Meaning, that police, fire departments, public utility workers, and state workers are afforded the same protection as other workers. Now there are a few exceptions like Connecticut and Massachusetts that have programs that protect State workers, but most do not.

References:

OSHA. (1970). OSH Act of 1970. https://www.osha.gov/laws-regs/oshact/completeoshact

Categories
OSHA The OSH Act

OSH Act – Section 4 – Applicability of the Act

OSH Act – Section 4 – Applicability of the Act

For Section 4 of the Occupational Safety and Health Act (OSH Act), the jurisdiction of the Act is outlined. The Act covers all 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf Lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone.

The Occupational Safety and Health Administration has provided an amazing resource to help us find where our local area offices are:

[https://www.osha.gov/contactus/bystate]

This section of the OSH Act also states that it will NOT apply to any working conditions of employee of any Federal or State Agency working under the section 274 of the Atomic Energy Act of 1954.

Lastly, this section does not supersede or affect in any manner the worker’s compensation law or any other law in respect to injuries, diseases, or death arising from the course of a persons employment (OSHA, 1970).

References:

OSHA. (1970). OSH Act of 1970. [https://www.osha.gov/laws-regs/oshact/completeoshact]

Categories
OSHA The OSH Act

OSH Act – Section 2 – Congressional Findings and Purpose

As Section 2 of the Occupational Safety and Health Act (OSH Act) states, Congress identified the need and importance of protecting the workforce of American is of critical importance to our country’s success and the wellbeing of its citizens.

The OSH Act continues by declaring the purpose and policy and includes:

  • the efforts of employers and employees to reduce workplace incidents are intertwined and must work together to achieve their common goal.
  • providing the responsibilities to both the employer AND the employee to achieve a safe and healthful workplace
  • sets the mandate for the Department of Labor to establish mandatory safety and health standards
  • providing resources for research in the field of occupational safety and health
  • exploring ways to reduce workplace illnesses
  • providing medical criteria that no employee will suffer diminished capacity, health, or life expectancy as a result of work exposures and experiences
  • providing training programs to increase the number and competency of employees
  • development and promulgation of safety standards
  • providing enforcement of adopted safety and health standards (OSHA, 1970)

I believe that when President Richard Nixon signed the OSH Act into law that he had great hopes for this new direction our country was taking and as we continue to breakdown the OSH Act, we will begin to see the clear direction that safety has taken.

References:

OSHA. (1970). OSH Act of 1970. https://www.osha.gov/laws-regs/oshact/completeoshact

Categories
OSHA The OSH Act

Why Did We Need the OSH Act?

The OSH Act – Section 1:

The Occupational Safety and Health Act of 1970, often referred to as the OSH Act (not OSHA Act) was signed into law on December 29, 1970, and established the Occupational Safety and Health Administration (OSHA) as the regulatory agency in charge of protecting the workforce of America (OSHA, 1970).

However, people often wonder, why was OSHA needed and started?

Well in the ‘60s the United States was facing serious concerns, including civil rights, women’s rights, mounting environmental problems, and at the same time occupational injuries, illnesses, and fatalities were on the rise. In fact, disabling injuries increased by 20% during the 60’s and an average of 14,000 workers were dying each year (OSHA, 2001). The table below helps to put these numbers into perspective.

For the Working Hours, a typical employee working 40 hours per week, there would be an average of 6.73 workers dying EVERY WORKING HOUR!

References:

OSHA. (1970). OSH Act of 1970. https://www.osha.gov/laws-regs/oshact/completeoshact

OSHA. (2001). OSHA’s 30th Anniversary. https://www.osha.gov/aboutosha/30-years

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Bloodborne Pathogens

Bloodborne Pathogens

Bloodborne Pathogens

Could you contract a disease at work? What if someone sneezes on you? Or using a tool with dried blood on it? How about cleaning the restrooms? The simple answer is YES! Not to mention the type and scope of much of the work that we perform on a daily basis. For example, installation, inspection, and repairs to wastewater systems, sewer systems, pump repairs, and the like.

This is why we are going to learn about Bloodborne Pathogens. A bloodborne pathogen is a disease-producing bacteria or microorganism.

OSHA defines a bloodborne pathogen as a pathogenic microorganism present in human blood that can lead to disease and the OSHA standard can be found here: 29 CFR 1910.1030

There are many disease-carrying pathogenic microorganisms that are covered by the Bloodborne Pathogen Standard; however, the most common and those of primary concern are Human Immunodeficiency Virus (HIV), Hepatitis B (HBV), and Hepatitis C (HCV).

Human Immunodeficiency Virus (HIV):

  • HIV is the virus that leads to acquired immunodeficiency syndrome (AIDS). A person can carry HIV for many years and not have symptoms until it turns into full-blown AIDS.
  • AIDS attacks the person’s immune system, which makes it difficult for the body to fight off disease.
  • Scientists and medical authorities agree that HIV does not survive well outside the body. Drying of HIV-infected human blood or other body fluids reduces the risk of environmental transmission to essentially zero.
  • HIV is found in very low quantities in saliva and tears from some AIDS patients. HIV has not been found in the sweat of HIV-infected persons. Contact with saliva, tears, or sweat has never been shown to result in the transmission of HIV.

Hepatitis B Virus (HBV):

  • 1 to 1 ¼ million Americans are chronically infected
  • Symptoms include: jaundice, fatigue, abdominal pain, loss of appetite, intermittent nausea, vomiting
  • May lead to chronic liver disease, liver cancer, and death
  • Vaccination available since 1982
  • HBV can survive for at least one week in dried blood

Hepatitis C Virus (HCV):

  • An estimated 3.9 million Americans have been infected with HCV of whom 2.7 million are chronically infected.
  • Persons chronically infected with HCV may not be aware of it because they are not clinically ill. Sometimes it can take two decades before symptoms are recognized.
  • Chronic liver disease occurs in approximately 70 percent of infected persons.
  • There are some drugs that have been licensed for the treatment of HCV; however, they are only effective in 10–40 percent of persons.
  • 8,000–10,000 deaths occur each year as a result of chronic liver disease.
  • There are some drugs that have been licensed for the treatment of HCV; however, they are only effective in 10–40 percent of persons.

Potentially Infectious Bodily Fluids are the bodily fluids that you are most likely to encounter in the workplace like:

  • blood,
  • saliva,
  • vomit, or
  • urine.

If blood is not present in a bodily fluid, bloodborne pathogens cannot be present.

Remember, sometimes the blood may be present in microscopic quantities and difficult to see with the naked eye. To be safe, you must assume that all bodily fluids are contaminated with infectious blood. This is called the universal precautions concept. We will discuss this in further detail later.

Bloodborne pathogens can only be transmitted to you if you physically make contact with an infected person’s blood or bodily fluid containing blood. Even then, your healthy skin is an excellent barrier to bloodborne pathogens. The contaminated blood or bodily fluid can enter your body through mucous membranes such as your eyes, mouth, or nose. If your skin is not intact at the point of contact with the contaminated blood or bodily fluid, the bloodborne pathogen could potentially be transmitted. Examples of non-intact skin include dermatitis, hangnails, cuts, abrasions, acne, etc.

Obviously, a contaminated sharp, such as a needle or broken glass, could potentially transmit bloodborne pathogens because of the penetration of the skin.

The Bloodborne Pathogens standard requires employers to identify the jobs, tasks, and activities that could expose employees to potentially infected blood or bodily fluids. Exposure could occur when near someone who is involved in an industrial accident. Obviously, when administering first aid to someone who is bleeding, you are potentially exposed. Employees expected to clean up work surfaces, equipment, or machinery after an accident are also potentially exposed. Janitorial workers are potentially exposed when cleaning up urine, vomit, sanitary napkins, etc. Maintenance workers might potentially be exposed when repairing the plumbing on a toilet.

This is why you always want to use the Universal Precautions Concept – TREAT ALL BLOOD AND BODILY FLUIDS AS IF THEY ARE CONTAMINATED. Always wear appropriate PPE when handling any type of bodily fluid. Universal precautions require adequate cleanup and decontamination of yourself, equipment, and tools. Always wash your hands after handling any type of bodily fluid, even when wearing gloves.

Safe Work Practices:

Remove contaminated clothing or PPE as soon as possible. If blood were to splash onto your shoes, pants, or shirt, remove those items as soon as possible. Wash your skin in the area underneath the clothing that was contaminated with bodily fluid. Remove contaminated PPE, such as gloves, as soon as you are done administering first aid or decontaminating equipment or work surfaces. Cleaning/disinfecting tools, work surfaces, or equipment will prevent the next user from unknowingly coming into contact with potentially infected bodily fluids. Thoroughly wash your hands, face, or any other areas of your skin that may have come into contact with bodily fluids. If you believe that blood or other potentially contaminated bodily fluid was splashed into your eyes, immediately go to an emergency eyewash station and flush your eyes. Properly disposing of contaminated items inappropriately labeled bags or containers will help prevent someone from accidentally being exposed.

Hepatitis B Vaccination:

The use of the HBV vaccine is strongly endorsed by medical, scientific, and public health communities as a safe and effective way to prevent disease and death. There is no confirmed evidence that indicates the HBV vaccine can cause chronic illness. Reports of unusual illnesses following a vaccine are most often related to other causes and are not related to the vaccine. The hepatitis B vaccination is a series of three injections that are effective in preventing infection with hepatitis B.

Currently, there is no requirement for routine boosters; however, this is still being assessed. Any employee that rendered first aid in a situation involving the presence of blood or other potentially infectious material, whether or not a specific exposure occurred, will be offered the full immunization series. This vaccination is paid for by the employer. If you decline the hepatitis B vaccination, you will be asked to sign a form that states you waived your opportunity to receive the vaccination. However, even if you sign the form now, you may still change your mind later and accept the vaccination. The form basically states that at this time you do not want to have the shots. The language on the declination form is straight out of the OSHA Bloodborne Pathogens standard

For more information, OSHA has published a Fact Sheet on the topic and you can find it here: http://www.osha.gov/OshDoc/dataBloodborneFacts/bbfact01.pdf