Rank: New forum user
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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
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Rank: Super forum user
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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.
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3 users thanked A Kurdziel for this useful post.
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Rank: Super forum user
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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.
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1 user thanked biker1 for this useful post.
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Rank: New forum user
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Originally Posted by: 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.
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.
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Rank: Forum user
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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
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1 user thanked mikeh for this useful post.
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Rank: Super forum user
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California is more stringent with everything, hence the hazard warning "carcinogenic in California".
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1 user thanked Kate for this useful post.
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Rank: Super forum user
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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.
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2 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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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.
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2 users thanked Roundtuit for this useful post.
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