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An Introduction to Industrial Hygiene. Industrial Hygiene. Industrial Hygiene is defined as:
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Industrial Hygiene • Industrial Hygiene is defined as: The science and art devoted to the anticipation, recognition, evaluation, control, and management of those environmental factors or stresses, arising in or from the workplace, which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among citizens of the community.
Primary Objective To protect the health and well being of employees by eliminating or reducing health hazards that arise from the workplace environment.
Health Hazards • Chemical • Biological (e.g., bacterial, viral, insects, animals, allergens) • Physical (e.g., radiation, pressure, noise vibration, temperature) • Ergonomic (e.g., repetitive motion, body stress)
Major Disciplines • Engineering • Physics • Environmental Science • Chemistry • Biology
Legal Aspects ofOccupational Health & Industrial Hygiene • Occupational Safety and Health Administration (OSHA), under the Department of Labor • Workers Compensation • Lawsuits
Overview of OSHA The act created: • OSHA • NIOSH • OSHRC • OSHA Legislation
OSHA – The Agency Responsible For: • Promulgation Occupational Health and Safety Standards • Authorized to inspect workplaces and issue citations and civil penalties to employers who are not in compliance.
NIOSH – National Institute of Occupational Safety and Health • Is responsible for research on worker health and safety. NIOSH also recommends new standards to OSHA and supplies OSHA with scientific and technical expertise for the rule making process.
OSHCR – The Occupational Safety and Health Review Commission • Set up as an independent agency having the responsibility to try OSHA cases and to hear appeals from decisions of administrative law judges.
The “OSHA” Legislation • Employer Duties ( General ) • Each employer shall furnish to each of his employees, a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. Every employer is required and obliged to comply with the requirements composed by the act.
The “OSHA”Legislation • OSHA Standards OSHA adapts and develops broad standards that apply to all industries.
OSHA Standards These may be: A. Performance Standards which state the objective to be obtained or the hazard to be abated. These standards do not specify the method of abatement or control.
OSHA Standards B. Specification Standards These describe the specific means of hazard abatement. For example: The PEL’s (permissible exposure limits)
Workplace Inspections OSHA inspections are made to determine whether employers comply with OSHA Standards, OSHA Regulations, and the general duty clause. Inspectors can issue citations which result in fines.
Know the Law • The U.S. Department’s Wage and Hour Division enforces federal laws that regulate the hours and times adolescents may work. Teens between 14 and 15 years old may work only outside school hours and between 7 am. and 7 pm. They are limited to 18 hours of work in a school week and 40 hours (eight hours each day) in a non-school week. Exceptions are made for those who participate in school supervised and administered “work experience” programs.
Know the Law • Youths under age 18 may not work in manufacturer and storage of explosives; slaughterhouses; jobs that require use of power-driven machines and cutters; radioactive operations; mining; logging and saw milling; brick and tile manufacturing; roofing; and excavation and demolition. Youths between ages 16 and 17 are also prohibited from driving motor vehicles or working as outside helpers on motor vehicles as part of their job.
Types of Work Associated with Teen Work – Related Injuries • Working in and around motor vehicles: Delivery, residential trash pickup, road maintenance, etc. • Operating tractors and heavy equipment: Tractors used on farms, backhoes, bulldozers, loaders, etc. • Working near electrical equipment: working near overhead power lines, working on roofs, operating boomed vehicles, etc. • Working at jobs with high risks for homicide: Working alone or in small numbers where money is exchanged.
Types of Work Associated with Teen Work – Related Injuries • Working jobs with fall hazards: using ladders and scaffolds, working on structures near openings, tree trimmings, etc. • Working around cooking appliances: cooking in restaurants, servicing cooking equipment, etc. • Working jobs requiring manual lifting: working in warehouses, furniture delivery, stocking, etc.
Worker’s Compensation The first law which dealt with the health of workers, as a result of there work was the English Factory Acts of 1833. These acts required that employers show concern for the health of their employees. This concern however, was directed toward providing compensation for accidents. The laws did not focus on controlling the causes of these accidents.
Worker’s Compensation These laws lead to what we now have in the U.S. - Worker’s Compensation Acts in each State. These laws are based on their doctrine of exclusivity, which limits the common law remedy that the injured employee can pursue.
Worker’s Compensation In other words, in return for agreeing to forgo other legal remedies, workers are guaranteed a swift and sure payment, which covers loss of wages and medical expenses.
Liability • Torts – a private or civil wrong or injury. • Negligence – conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. • Intentional or fraudulent misrepresentations. • Breach of Contract – the deliberate breaching of the agreed upon circumstances or conditions.
Industrial Hygienist as Expert Witness Definition A. - Definition of an Expert: An expert is “a person who, through education, experience, and/or training, possesses specialized knowledge or skill in a specific field.”
Industrial Hygienist as Expert Witness Definition B. - Basis for Use of Experts: “If scientific, technical or other specialized knowledge will assist the tier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”
Types of Experts A. Several Classes of Experts: There are several types of experts that an attorney may wish to retain. The first two are usually the type the attorney will retain:
1. Trial Experts: Experts retained or specially employed in anticipation of litigation, not expected to be a witness at trial: a. Assist in framing and identifying the issues and identifying strengths and weaknesses of a case. b. Assist in preparing for examination of plaintiff’s expert in same area. c. Assist in identifying other experts for defense team.
Trial Experts (continued) d. Special Qualifications: A trial expert must possess: (1). Superior communication skills, both in listening to questions and in answering questions; (2). Ability and willingness to undergo lengthy pre-testimony preparation;
Trial Experts (continued) (3). Ability and willingness to make complex and complicated matters understandable to a lay jury; (4). Ability to perform “under fire”, as demonstrated either in previous trial testimony or, perhaps, from performance at deposition.
2. Consulting Experts Experts retained or specially employed in anticipation of litigation or preparation for trial but not expected to identify at trial:
Consulting Experts (continued) a. May assist in framing and identifying the issues and identifying strengths and weaknesses of the case b. May assist in preparing for examination of plaintiff’s expert in same area c. May assist in identifying other experts for defense team d. May assist in reviewing opposing experts’ opinions, articles, etc.
Consulting Experts (continued) e. May assist in identifying “technical” issues, industry regulations, requirements, etc. f. May assist in developing cross- examination of opponent’s expert witness(es). g. May assist by attending that portion of the trial when opponent’s expert witness in the same area of expertise is testifying so as to demonstrate to testifying expert that his/her testimony is being carefully scrutinized.
