Recognized and Foreseeable Hazards
In conducting the worksite analysis, it is important to look for hazards that are generally recognized within the industry, and those hazards that should be foreseeable on the worksite.
"Recognized" Hazards
As described in OSHA's Field Operations Manual (FOM), recognition of a hazard is established on the basis of industry recognition, employer recognition, or "common sense" recognition criteria.
- Industry Recognition: A hazard is recognized if the employer's industry recognizes it. Recognition by an industry, other than the industry to which the employer belongs, is generally insufficient to prove industry recognition. Although evidence of recognition by the employer's specific branch within an industry is preferred, evidence that the employer's industry recognizes the hazard may be sufficient.
- Employer Recognition: A recognized hazard can be established by evidence of actual employer knowledge. Evidence of such recognition may consist of written or oral statements made by the employer or other management or supervisory personnel
- Common Sense Recognition: If industry or employer recognition of the hazard cannot be established, recognition can still be established if it is concluded that any reasonable person would have recognized the hazard. This argument is used by OSHA only in flagrant cases. Note: Throughout our courses we argue that "common sense" is a dangerous concept in safety. Employers should not assume that accidents in the worksite are the result of a lack of common sense.
"Foreseeable" Hazards
An important, and potentially difficult, question to ask about the nature of worksite hazards relates to whether they are "foreseeable." The question of foreseeability should be addressed by safety managers during the worksite analysis. A hazard for which OSHA issues a citation must be reasonably foreseeable. However, all the factors which could cause a hazard need not be present in the same place at the same time in order to prove foreseeability of the hazard; e.g., an explosion need not be imminent.
Example: If sufficient quantities of combustible gas and oxygen are present in a confined area to cause an explosion if ignited, but no ignition source is present or could be present, no OSHA duty clause Section 5(a)(1) violation would exist. However, if the employer has not taken sufficient safety precautions to preclude the presence or use of ignition sources in the confined area, then a foreseeable hazard may exist. NOTE: It is necessary to establish the reasonable foreseeability of the workplace hazard, rather than the particular circumstances that led to an accident/incident. (Source: FOM)
Knowledge Check Choose the best answer for the question.
7-3. Which of the following categories of hazard recognition is used by OSHA only in flagrant cases?
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