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Abstract
1) Research and discuss the origin of the Occupational Safety and Health
Administration (OSHA), its mission and agency vision. Differentiate the
enforcement and compliance assistance elements of the Agency.
2) Research and discuss the origin of the Environmental Protection Agency
(EPA), its mission, and agency vision. Define its jurisdictional authority and
enforcement elements.
3) Review Executive Order 13650. List and discuss 3 highlights of the
executive order focusing on community/environmental health and safety. In
addition, discuss Federal government collaboration, integration, and
compliance and outreach efforts.
4) Research and review 29 CFR 1910.119, Process Safety of Highly Hazardous
Chemicals. Define and discuss its origin, purpose, scope, and goals of the
standard.
Origin of OSHA
The Occupational Safety and Health Administration (OSHA) is an agency in the
US Department of Labor that was created in 1970, after being signed into law by
President Richard M. Nixon.
Efforts and regulations by the federal government concerning workplace health
and safety were sparse before OSHA but there were significant strides that led to
the formation of the department.
Massachusetts was the first state to pass safety laws in 1887 and the Department of
Labor was created in 1913 by President Taft. In 1933, Frances Perkins became the
first woman to serve on a Cabinet when she was appointed Secretary of Labor.
There she created the Bureau of Labor Standards that helped states improve
workplace safety standards. Much of what they did would be implemented by
OSHA.
Mission OSHA
The mission of OSHA is to assure safe and healthful working conditions for
working men and women by setting and enforcing standards and by providing
training, outreach, education and assistance.
It’s goal is to both improve the health and safety of working conditions and also to
ensure all employees are aware of their rights. OSHA’s mission is “To assure safe
and healthful working conditions for working men and women; by authorizing
enforcement of the standards developed under the Act; by assisting and
encouraging the States in their efforts to assure safe and healthful working
conditions; by providing for research, information, education, and training in the
field of occupational safety and health; and for other purposes.”
To achieve this, federal and state governments work together with more than 100
million working men and women and eight million employers. Some of the things
OSHA does to carry out its mission are:
• Developing job safety and health standards and enforcing them through
worksite inspections.
• Providing training programs to increase knowledge about occupational
safety and health.
• Maintaining a reporting and recordkeeping system to keep track of jobrelated injuries and illnesses.
Vision OSHA
OSHAs vision is to make Americas workplaces the safest in the world. OSHA is
striving to eliminate workplace injuries, illnesses, and deaths so that all of
Americas workers can return home safely every day. To realize this vision,
workplace environments must be characterized by a genuine commitment to
workplace safety and health shared by both employers and workers, and the
necessary training, resources, and support systems must be in place to make this
happen.
To achieve this vision, OSHA will be a results-oriented Agency, using data
proactively to identify workplace safety and health problems and apply a
comprehensive strategy that combines common sense regulation; a firm, fair, and
consistent enforcement policy; and wide-ranging approaches to compliance
assistance that meet the needs of workers and employers and effectively use the
nations resources.
Successful achievement of the strategic goals outlined in this Strategic Plan - a
commitment to reducing injuries and illnesses in the workplace, changing
workplace culture to increase the awareness of and commitment to safety and
health, and delivering OSHA programs and services in an effective manner should result in realization of this vision.
Enforcement
Carrying Out Our Mission Enforcement plays an important part in OSHA’s efforts
to reduce workplace injuries, illnesses, and fatalities. When OSHA finds employers
who fail to uphold their safety and health responsibilities, the agency takes strong,
decisive actions. Inspections are initiated without advance notice, conducted using
on-site or telephone and facsimile investigations, performed by highly trained
compliance officers and scheduled based on the following priorities:
• Imminent danger;
• Catastrophes – fatalities or hospitalizations;
• Worker complaints and referrals
• Targeted inspections – particular hazards, high injury rates; and
• Follow-up inspections.
Current workers or their representatives may file a written complaint and ask
OSHA to inspect their work place if they believe there is a serious hazard or that
their employer is not following OSHA standards. Workers and their representatives
have the right to ask for an inspection without OSHA telling their employer who
filed the complaint. It is a violation of the OSH Act for an employer to fire,
demote, transfer or in any way retaliate against a worker for filing a complaint or
using other OSHA rights. The on-site inspection begins with the presentation of the
compliance officer’s credentials. The compliance officer will explain why OSHA
selected the workplace for inspection and describe the scope of the inspection
process, walk around procedures, employee representation and employee
interviews. Following the opening conference, the compliance officer and the
representatives will walk through portions of the workplace covered by the
inspection, inspecting for hazards that could lead to worker injury or illness. After
the walk around, the compliance officer will hold a closing conference with the
employer and the employee representative to discuss the findings. When an
inspector finds violations of OSHA standards or serious hazards, OSHA may issue
citations and fines. A citation includes methods an employer may use to fix a
problem and the date by which the corrective actions must be completed.
Employers have the right to contest any part of the citation, including whether a
violation actually exists. Workers only have the right to challenge the deadline by
which a problem must be resolved. Appeals of citations are heard by the
independent Occupational Safety and Health Review Commission (OSHRC).
Compliance Assistance
Are you ready to learn more about how to prevent workplace injuries and illnesses
and comply with the Occupational Safety and Health Act, but arent sure where to
start? By following this step-by-step guide, you can identify many of the major
OSHA requirements and guidance materials that may apply to your workplace.
Small and new businesses may find Quick Start helpful as an introduction to the
compliance assistance resources on OSHAs website.
The Quick Start feature is not comprehensive - there may be additional OSHA
standards and guidance materials that also apply to your business. If you are in a
state with an OSHA-approved state program, you are subject to state occupational
safety and health regulations that may have more stringent or supplemental
requirements. These state programs also provide compliance assistance services.
Please contact your state program for additional information. In addition, you can
request a free, confidential on-site consultation from the OSHA On-site
Consultation Program.
Origin of EPA
The American conversation about protecting the environment began in the
1960s. Rachel Carson had published her attack on the indiscriminate use of
pesticides, Silent Spring, in 1962. Concern about air and water pollution had
spread in the wake of disasters. An offshore oil rig in California fouled beaches
with millions of gallons of spilled oil. Near Cleveland, Ohio, the Cuyahoga River,
choking with chemical contaminants, had spontaneously burst into
flames. Astronauts had begun photographing the Earth from space, heightening
awareness that the Earth’s resources are finite.
In early 1970, as a result of heightened public concerns about deteriorating city air,
natural areas littered with debris, and urban water supplies contaminated with
dangerous impurities, President Richard Nixon presented the House and Senate a
groundbreaking 37-point message on the environment. These points included:
•
requesting four billion dollars for the improvement of water treatment
facilities;
•
asking for national air quality standards and stringent guidelines to lower
motor vehicle emissions;
•
launching federally-funded research to reduce automobile pollution;
•
ordering a clean-up of federal facilities that had fouled air and water;
•
seeking legislation to end the dumping of wastes into the Great Lakes;
•
proposing a tax on lead additives in gasoline;
•
forwarding to Congress a plan to tighten safeguards on the seaborne
transportation of oil; and
•
approving a National Contingency Plan for the treatment of oil spills.
Mission of EPA
The mission of EPA is to protect human health and the environment.
EPA works to ensure that:
•
Americans have clean air, land and water;
•
National efforts to reduce environmental risks are based on the best available
scientific information;
•
Federal laws protecting human health and the environment are administered
and enforced fairly, effectively and as Congress intended;
•
Environmental stewardship is integral to U.S. policies concerning natural
resources, human health, economic growth, energy, transportation,
agriculture, industry, and international trade, and these factors are similarly
considered in establishing environmental policy;
•
All parts of society--communities, individuals, businesses, and state, local
and tribal governments--have access to accurate information sufficient to
effectively participate in managing human health and environmental risks;
•
Contaminated lands and toxic sites are cleaned up by potentially responsible
parties and revitalized; and
•
Chemicals in the marketplace are reviewed for safety.
Vision of EPA
EPA’s vision statement is to promote “a clean, healthy and well-protected
environment supporting a sustainable society and economy.” In this vision
statement, the focus on the environment as the main element that determines the
overall wellness of a nation emerges as EPA’s responsibility. The statement has the
following characteristics:
• A clean and healthy environment
• Sustainable society and economy
To meet the needs of the first characteristic, EPA uses various strategies, with the
enforcement of regulations being the most effective one. The company exercises
its powers by compelling other stakeholders to take up the responsibilities of
cleaning up the wastes related to their work. For instance, EPA requires all
companies that emit smoke in their factories to participate in efforts of reducing air
pollution. While applying these measures, EPA directly contributes to the creation
of a viable economy where the American society can thrive, satisfying the second
component in this vision statement.
Jurisdictional authority
On March 30 2018 Environmental Protection Agency (EPA) Administrator Scott
Pruitt issued a memorandum and accompanying revised Delegation of Authority 243 retaining the EPA headquarters authority to make certain jurisdictional
determinations under the Clean Water Act Section 404 discharge of dredged or fill
material permitting programme. Jurisdictional determinations are important
because they delineate whether, and to what extent, a water body is subject to
Section 404 permitting, and the Supreme Court held several years ago that they are
final agency action reviewable in court. Among other elements, the memorandum
delegates authority to designate special cases to the assistant administrator for
water (and then redelegates it to the director of the Office of Wetlands, Oceans and
Watersheds). Under a 1989 memorandum of understanding between the
Department of Army and the EPA, regional administrators made jurisdictional
determinations for special cases, which are situations where significant issues or
technical difficulties are anticipated or exist in determining the exact scope of
waters subject to the Clean Water Act. The memorandum also delegates the ability
to restrict or prohibit designation of disposal sites under Section 404(c) to the
assistant administrator for water. The memorandum states that the EPA is taking
these actions to ensure consistency and certainty while the agency completes its
re-evaluation of the definition of waters of the United States under the Clean
Water Act.
Elements of Enforcement
Enforcing environmental laws is a central part of EPAs Strategic Plan to protect
human health and the environment. EPA works to ensure compliance with
environmental requirements. When warranted, EPA will take civil or criminal
enforcement action against violators of environmental laws. Learn more about
our enforcement goals.
One of EPAs top priorities is to protect communities disproportionately affected
by pollution through our environmental justice (EJ) work. EPA is integrating EJ
into areas such as:
•
enforcement and compliance program planning and implementation,
•
identifying cases to pursue and
•
developing solutions to benefit overburdened communities.
Executive order 13650, Process Safety of Highly Hazardous
Chemicals.
Origin and Purpose
The small town of West, Texas will never be the same after April 17, 2013, when
the community was deeply shaken by a powerful explosion at the West Fertilizer
Company storage and distribution facility that killed fifteen people and injured
more than 160. Investigators found that the explosion was caused by improperly
stored Ammonium Nitrate.
The working group released a status report to the president, entitled Actions to
Improve Chemical Facility Safety and Security – A Shared Commitment, which
summarized the Working Group’s actions, findings and lessons learned,
challenges, and short and long-term priority actions to that point. Last year’s status
report was a milestone, not an end-point.
Today we are releasing another update to highlight actions that have been taken
since the release of the Final Status Report last year. These highlights include:
▪
Developing an on-line training module on the key requirements
under Emergency Planning and Community Right-to-Know Act (EPCRA);
▪
Initiating a multi-organization working group to identify a list of government
approved training courses for first responders and emergency
planners, Training Repository;
▪
Institutionalizing a Federal Working Group to improve communication and
coordination between agencies;
In response, President Obama issued Executive Order 13650 Improving Chemical
Facility Safety and Security in August of 2013. The order asks the Tri-Chairs of
the Chemical Facility Safety and Security Working Group (the Department of
Homeland Security, the Department of Labor, and the Environmental Protection
Agency), to work closely together to improve the of safety and security of
chemical facilities across the country. The chairs have worked diligently over the
past two years on the following areas:
▪
Strengthening community planning and preparedness;
▪
Enhancing federal operation coordination;
▪
Improving data management;
▪
Modernizing policies and regulations; and
▪
Incorporating stakeholder feedback and developing best practices.
The working group knows that stakeholders are essential to managing and
mitigating the risks of potential chemical facility hazards and has engaged in a
robust stakeholder outreach effort to identify successes and best practices. This
outreach included engagement across all levels of government, with owners and
operators, industry associations, labor organizations, and communities affected by
chemical plant disasters.
Origin of 29 CFR 1910.119, Process Safety of Highly Hazardous
Chemicals.
Occupational Safety and Health Agency (OSHA)s first major process safety
regulation, 29 CFR 1910.119, Process Safety Management of Highly Hazardous
Chemicals (PSM) was enacted in 1992. However, OSHAs experience with process
safety began in the 1980s when a series of catastrophic chemical incidents
occurred. Learnings from investigations of these incidents helped to shape PSM.
More than 15 years after PSM, lessons from incidents and inspection experience
continue to shape the history of process safety at OSHA. © 2009 American
Institute of Chemical Engineers Process Saf Prog, 2009
Purpose
This instruction transmits page changes to OSHA Instruction CPL2-2.45A, which
established uniform policies, procedures, standard clarifications, and compliance
guidance for enforcement of the standard for Process Safety Management of
Highly Hazardous Chemicals, 29 CFR 1910.119 (PSM standard), and
amendments to the standard for Explosives and Blasting Agents, 29 CFR
1910.109.
Safety and security are a shared commitment. We are committed to preventing
more incidents like those in West, Texas, and ensuring that every worker comes
home to their family safe and healthy at the end of every shift.Process Safety
Management (PSM) is a regulation issued by the U.S. Department of Labors
Occupational Safety and Health Administration (OSHA). The regulation is
designated as OSHA 1910.119, Process Safety Management of Highly Hazardous
Chemicals. Its purpose is to prevent or minimize the consequences of releasing
hazardous chemicals in a facility or the environment surrounding a facility.
Hazardous chemicals are those that may be toxic, reactive, flammable, explosive,
or a combination of these properties. Industries handling hazardous chemicals are
required to develop an effective PSM program that protects employees,
contractors, and visitors of the facility. These industries include: petrochemical,
pharmaceutical, paints, adhesives and sealants, food processing, industrial organics
and inorganics, and paper mills.
Scope and goals of standards of 1910.119 - PSM of Highly
Hazardous Chemicals
How do companies know they are complying with the OSHA regulation when
implementing a PSM program? To answer this question, companies should be
familiar with the following 14 elements that are required for PSM program
compliance. These elements are the minimum requirements extracted from OSHA
1910.119. All information (date, equipment, personnel, process safety information,
and process hazard analyses) should be recorded and stored in the event that future
audits need to refer back to historical information about the facility and equipment.
1. Employee Involvement
All employees that play a role in facility operations should be involved in a PSM
program. Each of the following elements requires a competent and experienced
team of individuals. Ideally, a team should include at least one person who
specializes in the specific process being used.
2. Process Safety Information (PSI)
The PSI element requires that employers collect and document highly hazardous
chemical (HHC) information before conducting a process hazard analysis. This
information pertains to the chemicals, technology, and equipment used in the
process. Furthermore, the information should be accessible to all employees in
order to understand the HHC related risks they may face during the job.
3. Process Hazard Analysis (PHA)
A PHA is performed by a team of engineering and maintenance experts that are
able to identify, evaluate, and control hazards. PHAs can be conducted using a
number of techniques, including:
• what-if analyses
• checklist methods
• hazard and operability studies
• failure modes and effects analyses
• fault-tree analyses
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