OSHA STUDY NOTES
  
  OSHA  Why?
  1.    Failure of Worker's Compensation to make the work environment 
        safe.
  2.    A work environment that was becoming increasingly dangerous - 
        occupational diseases, asbestos, bysinosis, black lung, 
        carcinogens.
  3.    Changing values of workers - better educated and more demanding of 
        good working conditions.
  
  The OSHA approach to safety compared to the workers comp. approach.
  
        1.    state v. federal
        2.    reactive v. proactive
        3.    insurance v. inspection and penalties
        4.    no rules v. many rules
  
  OSHA agencies and responsibilities:
        OSHA                           NIOSH                            OSHRC
  1.    set standards      1.    train inspectors     1.    review appeals
  2.    grant variances   2.    do research              takes place of
  3.    do inspections          safety issues            Fed Dist. Ct. next
  4.    issue citations                                          to Cir Ct.
  
  OSHA Terms:  Standards, citation, abatement period, variance violations 
        (de minimus, serious, imminent danger), general duty clause, 
        inspections, search permits.
  
  Rights of Employees:
  1.    right to safe work place
  2.    to participate in enforcement proceedings
  3.    refuse hazardous work
  
  Rights of Employers
  1.    be free from warrantless search
  2.    discipline recalcitrant employees
  
  Obligations of Employees
  1.    comply with regulations - no penalty from OSHA
  
  Obligations of Employers
  1.    comply with standards
  2.    comply with general duty
  3.    cooperate with inspections
  4.    keep records
  
  Early Controversies
  1.    consensus standards - standards that were not designed for the 
        purposes they were put to.
  2.    feasibility - some standards simply were not feasible
  3.    cost/benefit analysis -  provision to justify standards using a 
        c/b analysis

  • Business 340 Syllabus

  • E-mail: Duane.Dove@sonoma.edu