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jason.blunderfield@wlt.com  
#1 Posted : 18 January 2021 12:43:39(UTC)
Rank: New forum user
jason.blunderfield@wlt.com

Hi,

I am looking for a little advice or suggestions on the best way to learn about the OSHA legislation. Got a reasonable understanding ok the UK legilsation having completed NEBOSH Certificate some years ago and currenlty part with through my diploma. I work for a global organisation and much of the operations are in the USA so understanding of OSHA would certainly be helpful. Any advice welcom.

Regards

A Kurdziel  
#2 Posted : 18 January 2021 13:26:54(UTC)
Rank: Super forum user
A Kurdziel

Well, I’d start with looking up the Wikipedia page, to get an overview and go from there. OSHA have an extensive website a go through that. Note the terminology they use is different. For example the definition of hazard is different and is more like our  idea of ‘risk’. Employers are expected to have “ a workplace that does not have serious hazards” which  translated into Health and Safety at Work Act   speak, as ” free from risk to health and safety, so far as reasonably practicable”. They don’t insist on any sort of risk assessment let alone one that is suitable and sufficient.

The other area that is very different is civil liabilities. Unlike the UK where the employee needs to use the employer for any injuries all 50 American states have a system of “workman’s compensation” which is usually a fault scheme, where if you suffer a particular a particular injury you get a fixed amount of compensation without having to prove that there was any breach of a duty of care. This means that the way employers insurance works is different.

thanks 3 users thanked A Kurdziel for this useful post.
Acorns on 19/01/2021(UTC), jason.blunderfield@wlt.com on 28/01/2021(UTC), rach108 on 21/11/2021(UTC)
biker1  
#3 Posted : 20 January 2021 16:08:56(UTC)
Rank: Super forum user
biker1

There is another essential difference in OSHA legislation - in the UK, other people apart from employees are covered by our main act, whereas in the USA, only employees come under the legislation.

Yes, they have a compensation scheme for anyone injured. One side effect of this is that most employees are prohibited from suing their employer. If the injury was due to faulty equipment, they have to sue the maker of the equipment, not their employer. It is a sobering thought that it is actually easier to sue an employer in the UK than it is in the USA.

thanks 1 user thanked biker1 for this useful post.
jason.blunderfield@wlt.com on 28/01/2021(UTC)
jason.blunderfield@wlt.com  
#4 Posted : 28 January 2021 11:24:49(UTC)
Rank: New forum user
jason.blunderfield@wlt.com

Originally Posted by: biker1 Go to Quoted Post

There is another essential difference in OSHA legislation - in the UK, other people apart from employees are covered by our main act, whereas in the USA, only employees come under the legislation.

Yes, they have a compensation scheme for anyone injured. One side effect of this is that most employees are prohibited from suing their employer. If the injury was due to faulty equipment, they have to sue the maker of the equipment, not their employer. It is a sobering thought that it is actually easier to sue an employer in the UK than it is in the USA.

Yes I had this explianed to me by our US Workers Compensation scheem provider and I was really supprised. Most people would have a perception that it's more of a ligtigeouse culture over there and everyone is suing their employer.

mikeh  
#5 Posted : 28 January 2021 13:01:27(UTC)
Rank: Forum user
mikeh

Might be worth you looking at the OSHA10 or OSHA30 courses to see if they give an insight into legal background but as others have said the workers comp schemes are a little different. There are probably also statewide differences eg california and new york seem to have more stringent fire safety precautions than some others

thanks 1 user thanked mikeh for this useful post.
jason.blunderfield@wlt.com on 01/02/2021(UTC)
Kate  
#6 Posted : 28 January 2021 14:10:09(UTC)
Rank: Super forum user
Kate

California is more stringent with everything, hence the hazard warning "carcinogenic in California".

thanks 1 user thanked Kate for this useful post.
jason.blunderfield@wlt.com on 01/02/2021(UTC)
Roundtuit  
#7 Posted : 28 January 2021 14:38:40(UTC)
Rank: Super forum user
Roundtuit

It is unfortunately fifty different jurisditions each with their own set of rules.

Good example being the variations by state in "Right to Know" lists for potentially hazardous chemicals.

thanks 2 users thanked Roundtuit for this useful post.
jason.blunderfield@wlt.com on 01/02/2021(UTC), jason.blunderfield@wlt.com on 01/02/2021(UTC)
Roundtuit  
#8 Posted : 28 January 2021 14:38:40(UTC)
Rank: Super forum user
Roundtuit

It is unfortunately fifty different jurisditions each with their own set of rules.

Good example being the variations by state in "Right to Know" lists for potentially hazardous chemicals.

thanks 2 users thanked Roundtuit for this useful post.
jason.blunderfield@wlt.com on 01/02/2021(UTC), jason.blunderfield@wlt.com on 01/02/2021(UTC)
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