Whenever you mention workplace safety and health most all of us think of OSHA, which stands for the Occupational Safety and Health Act of 1970 (OSH Act of 1970). As a matter of fact most believe that OSHA governs everyone and everything we do when it comes to safety and health, no matter who or where you are. I recently was playing cards at a friend’s house and he had some questionable electrical cords being used to light up the card table light.
When one of the players pointed out the somewhat questionable run of cords he, the home owner jokingly but seriously noted not to point it out because I who once worked for OSHA could bring in the Agency and fine him. Seriously, he thought OSHA could inspect his own home. I recently wrote an article titled “OSHA MythBuster”.
It points out some of the “myths” associated with OSHA. There are many. In this article I want to point out the areas that OSHA has forgotten. There are a number of workplace conditions and practices that pose hazards but OSHA has no specific rules or regulations applicable to those activities.
Without specific rules, regulations or OSHA guidance many employers and employee organizations feel that they can ignore these identified safety and health concerns. If OSHA doesn’t address them then I guess they are not a problem; that is the position so many take.
Recognized Hazards NOT Governed by OSHA.
You can go into the OSHA General Industry Standards, 29 CFR 1910 or the OSHA Construction Standard, 29 CFR 1926 and find thousands upon thousands of rules and regulations which require compliance.
You would think that whatever you do, whatever type of equipment or whatever safety or health concern there may be in your workplace is addressed in either of these documents. You are wrong. The following is a list of just a few recognized hazards which OSHA has no specific rules or regulations on.
Workplace Chemicals.
OSHA currently has rules and regulations applicable to fewer than 500 chemicals used in today’s workplace. The entire list can be found in OSHA 29 CFR 1910, Subpart H at www.osha.gov.
With the estimate being right around 700 new chemicals being introduced to the U.S. market annually you can easily see that OSHA is way behind as to providing protection to the worker involved with these chemicals.
Other agencies such as the EPA (US Environmental Protection Agency), ANSI (American National Standards Institute ) and CDC (Centers for Disease Control and Prevention) have done studies on a few of these chemicals but even those agencies cannot keep up. Result. Thousands upon thousands of workers are being exposed to potentially hazardous chemicals with no agency having the power to inspect, or protect those workers.
Workplace Sector.
Depending on where and who you work for has a direct result as to whether OSHA can provide you some protection. A list of employer employee relationships not governed by OSHA includes:
- State and county workers are not governed by Federal OSHA. Some states may have, but not required, public employee safety and health rules but OSHA Federal exempts these workers.
- Self-Employed. If you are self employed and have no workers you control you are not governed by any OSHA rule or regulation.
- Agriculture work. This can get a little confusing and has been challenged in court, but if you own and run a family farm and employ only family members you are not governed by OSHA. The “family member” aspect of this ruling is what has been challenged.
Workplace Activities.
You would want to believe that any workplace activity which poses a “recognized hazard” would be governed and addressed by OSHA. Not true. There are a number of workplace activities which are recognized and studies have shown pose a hazard but have no specific applicable OSHA rule. Without these specifics, many go on without any safety or health provisions considered. A few of them would include:
- Operating a motor vehicle. So many of us are employed in the sales field or service industry which requires a big portion of our work to include traversing via motor vehicle. The facts show that fatal motor vehicle workplace accidents remain the leading cause of workplace fatalities and has grown according to labor statistics. OSHA has no specific rules or regulations regarding vehicle operation, training or maintenance.
- Working Alone. There are a number of workplace employment practices that require employees to work alone. Security, field work, late night shifts, all which simply based on the fact that in the event of an emergency there is no one or there would be a huge lapse of time where help can be summoned. OSHA has no rules or regulations directly associated with working alone.
- Cold or Hot Working Conditions. What I am referring to hear is the atmosphere or ambient air temperature. I know many of you reading this are saying now just hold on, I know OSHA has rules and regulations associated with hot work permits or required personal protective equipment. You are correct, but those rules and regulations are specific in nature to the task or piece of equipment being used, not the ambient air temperature. When I was working with OSHA, both in enforcement and then as a consultant every summer we would receive phone calls and every winter we would receive phone calls asking us how hot or how cold is it allowed to be in the workplace. We would always reply that there are no OSHA rules or regulations governing ambient air temperatures.
Workplace Equipment.
Within the OSHA regulations you will find hundreds of specific rules and regulations governing everything from punch press units to wood working saws to scaffolding. You would believe that if the piece of equipment is used in the workplace it is governed by a specific OSHA regulation. Not so. I can easily find in any workplace a piece of equipment, especially if it is an in house fabrication which has no OSHA specific rule or regulation. One piece of equipment which I always run into which has no OSHA regulation and is a well recognize safety concern are:
- Pallet Storage Racks. In any place of business you are going to find storage of equipment and product. In larger manufacturing facilities you may find areas which look like and can be classified as a warehouse. These racks may hold tons of material at elevated heights. There have been hundreds of recordable injuries and incidents involving the collapse of these pallet storage racks. If you think you are going to find rules and regulations governing the use, installation or inspection of these racks in the OSHA regulations, you are wrong, there are none.
Now I fully understand that within the OSHA rules and regulations and under the OSH Act itself there is a clause known as Section 5(a)(1) which is the “General Duty Clause”. This section can be cited by OSHA in the event a serious hazardous condition is found and there is no “specific” OSHA regulation to address it. I will tell you, OSHA compliance officers are very reluctant and must do extensive background and documentation before they even suggest the issuance of a 5 (a) (1) citation. It is not commonly done.
Without the existence of a specific OSHA regulation to many unsafe conditions, unsafe activities have and will continue to be ignored and not properly addressed.
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