Fritz: All Fritz/All Fritz.zip/All Fritz/FILES/BUSITION/SBA.LZH/FSBA.EXE/F249.SBE

Text File | 1992-12-01 | 8KB | 179 lines

@110 CHAP 5

        ┌───────────────────────────────────────────────┐
        │ OSHA -- EMPLOYEE SAFETY AND HEALTH REGULATION │
        └───────────────────────────────────────────────┘

       "If you're going to sin, sin against God, not the
        bureaucracy.  God will forgive you, but the bur-
        eaucracy won't."  -- Admiral Hyman G. Rickover


As noted elsewhere in this program, employers are required
by state law in most states to carry workers' compensation
insurance for the protection of employees who develop job-
related illnesses or who are injured on the job.  There are
also comprehensive and far-reaching federal laws that set
safety standards designed to prevent injuries that could
arise out of unsafe or unhealthy working conditions.  The
main federal law regulating employee job safety is the
Occupational Safety and Health Act of 1970 (OSHA).  The
Occupational Safety and Health Administration has issued
reams of regulations and standards for workplace safety
that employers are somehow supposed to understand and obey.
This program will not try to summarize those thousands of
pages of technical regulations.  Instead, the following is
a summary of the highlights of some of the formal require-
ments and exemptions you should be aware of as a small
business owner under OSHA.

  . NOTICES TO EMPLOYEES.  OSHA requires that you post a
    permanent notice to employees regarding safety on the
    job, plus a second official poster about the rights of
    employees who are punished by an employer for objecting
    to unsafe working conditions.

  . RECORDKEEPING REQUIREMENTS.  Under OSHA, it is neces-
    sary to keep a log of industrial injuries and illnesses.
    The Federal OSHA Form 200 can be used to satisfy the re-
    quirement.  At the end of each year, the information in
    the log must be summarized and posted prominently in
    your workplace from February 1 to March 1.  This re-
    quirement was eliminated a few years ago for most re-
    tail, financial, insurance, and service firms, but not
    for the following types of firms:

     .  Building material and garden supply stores
     .  Food stores
     .  General merchandise stores
     .  Hotels and other lodging places
     .  Repair, amusement and recreation services
     .  Health services

    Under OSHA, a Supplementary Record must be prepared af-
    ter a recordable injury or illness occurs, using feder-
    al Form 101 or any of the substitutes permitted to be
    used for this purpose under @STATE law.

    Neither of the above recordkeeping forms are ordinarily
    filed with the government.  Instead, these records must
    be retained and kept available for inspection for five
    years.  Note that the recordkeeping requirements have
    TEETH in them, in the way of potential heavy fines.  A
    recent newspaper article reported that a major U.S.
    company, a meat packing company, had been assessed pro-
    posed fines of over $2 million by OSHA for various al-
    leged OSHA recordkeeping violations.

  . EXEMPTION FROM RECORDKEEPING.  The federal act exempts
    small employers from most of the reporting and record-
    keeping requirements, and treats any employer with 10
    or fewer employees during the previous year as a "small
    employer."  However, the requirements of keeping a log
    and reporting fatalities and multiple injuries are not
    exempted.

  . REPORTING REQUIREMENTS.  Federal OSHA reporting require-
    ments include the following:

     .  The Bureau of Labor Statistics may require cer-
        tain selected employers (including "small employ-
        ers") to report certain summary information on
        job-related injuries and illnesses annually on
        the "Occupational Injuries and Illnesses Survey"
        form.

     .  In the event of a fatality or an accident re-
        sulting in the hospitalization of five or more
        employees, an employer must notify the area di-
        rector of OSHA within 48 hours, describing the
        circumstances of the accident, the extent of any
        injuries, and the number of fatalities.  There
        are penalties in the event you fail to give
        notice as required.

@CODE: CA
California has its own OSHA-type agency, called CAL/OSHA.
CAL/OSHA essentially takes over the federal OSHA functions
within the state, for the most part.  CAL/OSHA's reporting
and recordkeeping requirements generally dovetail with the
federal OSHA rules, and you can even use the federal OSHA
forms in lieu of the CAL/OSHA forms.

Other CAL/OSHA requirements include:

  . If any occupational injury or illness in California
    results in lost work time beyond the day of injury
    or in medical treatment other than first aid, you
    must report it in duplicate within 5 days to your
    insurance carrier on Form 5020 (or on the carrier's
    own form).  The copy of this completed form will
    constitute your supplementary record that is required
    for recordkeeping purposes.

  . In case of death or severe injury to an employee from
    an occupational injury or illness, you must immediate-
    ly report it by phone or telegram to the nearest dis-
    trict office of the California Division of Industrial
    Safety.

  . Employers in the construction business must obtain
    special CAL/OSHA permits if erecting or demolishing
    a structure over three stories high or doing excava-
    tions five feet or deeper, in which a person is re-
    quired to descend.

SAFETY PLAN REQUIRED.  Senate Bill (S.B.) 198, a California
law which was enacted in 1989, required a relatively com-
plex written safety plan to have been adopted and been in
operation by July 1, 1991 for ALL employers in California,
regardless of size.  Among other requirements, the company
safety plan must:

      . Identify a person or people responsible for
        implementing the plan;

      . Identify and evaluate workplace hazards and
        provide for periodic inspections to identify
        unsafe conditions and work practices;

      . Detail the employer's methods and procedures
        for correcting unsafe or unhealthy conditions
        and work practices;

      . Implement an occupational health and safety
        program designed to instruct employees in
        generally safe and healthy work practices;

      . Establish procedures to communicate with
        employees on health and safety matters;

      . Encourage employees to inform the employer
        of hazards at the worksite without fear of
        reprisal; and

      . Have a system to ensure that employees
        comply with safe and healthy work practices.

Employers without a written plan and someone to conduct
training and maintain the plan can be assessed a penalty
of up to $1000 (or $2000 if the violation is "of a
serious nature").

For help in getting into compliance with this law, order a
copy of the SB 198 HANDBOOK from the California Chamber of
Commerce for $52 (25% discount for members).  Write to:

        California Chamber of Commerce
        Attention:  Mark Mason
        P.O. Box 1736
        Sacramento, CA 95812-1736

        Or call, toll-free, 1-800-331-8877

@CODE:EN
Some states also have a OSHA-type agency which enforces
similar, or in some cases, even more restrictive, health
and safety rules.