OSHAThe Essentials of WORKPLACE SAFETY Goodwill Industries of San Antonio GILPS 2008 Towanna G. Bazile, MBA -Director of Risk Management
Topics • OSHA,NISH, DARS, CARF Standards • Bloodborne Pathogens • Personal Protective Equipment • Hazardous Chemical Communication • Control of Hazardous Energy • Emergency Action Plan • Training Requirements • Inspections • Injury-Incident Reporting
What is OSHA? • The Occupational Safety and Health Administration (OSHA) is the inspection and enforcement agency for occupational safety and health, and is a part of the U.S. Department of Labor (DOL).
OSHA Act? • In 1970 President Richard Nixon, created the Occupational Safety and Health Act, which created OSHA as an inspection and enforcement agency for worker safety in the United States.
Why was OSHA created? • As a result to the federal government's concern for worker safety due to injury and death. • To assure, as possible, safe and healthful work conditions for every working man and woman in the nation and to preserve our human resources.
Who is covered by OSHA? • The Act extends to all employers and employees in all 50 states, the District of Columbia, Puerto Rico and all other territories under federal government jurisdiction.
Employer/Employee Relationship • “Employer” as defined by OSHA: Any person in a business affecting commerce who has one or more employees, paid or unpaid. • “Employee” as defined by OSHA: Anyone who works on behalf of an employer, whether paid or unpaid. • “Employer-employee relationship” as defined by OSHA: The employer is determined more by who supervises the work than who pays the employee.
Multi-Employer Work Sites and Contractors Who is responsible? • The employer who exposes workers to hazard. • The employer who actually created the hazards.
Multi-Employer Work Sites and ContractorsWho is responsible for Safety? • The employer who was responsible, by contract or through actual practice, for safety and health conditions on the work site, i.e., the employer who had the authority for ensuring that the hazardous condition is corrected (controlling). • The employer who had the responsibility for actually correcting the hazard (correcting).
OSHA StandardsWhere are they found? • The Federal Register is published for Congress and carries proposed and final drafts of legislation. • Each year the Government Printing Office compiles all new and modified legislation and assembles existing laws into a guide book called the Code of Federal Regulations (CFR).
OSHA StandardsWhere are they found? • The U.S Department of Labor occupies Title 29 of the Code of Federal Regulations or 29CFR. • OSHA is found in 29 CFR in Parts 1900-1999. • OSHA Standards are divided into five categories.
CFR 1910General Industry Standard • Applies to Goodwill and nearly all industries. • CFR 1910 Section 5, (a)(1) General Duty Clause states: “Every employer shall furnish to each of his employees, employment and 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”
General Duty Clause Cont. • Section 5(b) of The General Duty Clause further mandates all employers shall comply with the occupational safety and health standards. • OSHA can issue citations and penalize employers who fail to provide a safe and healthful workplace for its employees.
Compliance-Written Safety PlansAre you compliant? • Blood borne Pathogens-1910.1030 • Personal Protective Equipment-1910.132 • Hazard Communication-1910.1200 • Control of Hazardous Energy-1910.147 • Emergency Action Plan-1910.38(a) • Fire Prevention Plan-1910.38 (b) • Periodic Inspections (Required for all standards) • Injury-Incident Reporting-CFR 1904
OSHA Standards alignment to NISH, CARF and DARS Standards • NISH, CARF and DARS provide accrediadation for employers who hire those with barriers to employment. • NISH, CARF and DARS standards align with OSHA Standards. How? • All require employers to establish health and safety programs, provide training and periodic assessment. • Emergency plans, facility safety inspections, bloodborne pathogen plan, MSDS, OSHA 300 Logs, building occupancy and local fire code compliance are some of the requirements Goodwill must meet to receive accreditation from these agencies.
Definition • Bloodborne Pathogens: pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV). OSHA 29CFR:1910.1030(b)
Bloodborne Pathogen Standard 29CFR 1910.1030 • Purpose: To limit exposure to blood and other potentially infectious materials, (Hepatitis B, C, HIV) that could lead to disease or death. • Scope: Covers all employees who could be “reasonably anticipated” as the result of performing their job duties, to face contact with blood and other potentially infectious materials. • Employees should be trained initially on employment and annually when changes occur.
Personal Protective Equipment29 CFR 1910.132 • Purpose: To provide employees with knowledge of the proper use and care of personal protective equipment. • PPE is used for protection of the eyes, face, head and extremities, to include protective clothing, respiratory devices, protective shields and barriers.
Hazard Assessment and PPE • Hazard Assessment: The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use for personal protective equipment.
Hazard Assessment and PPE • If such hazards are present or are likely to be present, the employer shall select and have each affected employee use the types of PPE that will protect the employee from the hazards identified, communicate selection decisions, and select PPE that properly fits each affected employee. • The employer shall verify the required workplace assessment has been performed.
Personal Protective Equipment General Requirements • PPE shall be provided, used and maintained in a sanitary and reliable condition whenever it is necessary. • Employee-owned equipment: Where employees provide their own protective equipment , the employer shall be responsible to assure its adequacy, including proper maintenance and sanitation. • Design: All PPE shall be of safe design and construction for the work to be performed. • Defective and damaged PPE shall not be used.
Personal Protective EquipmentTraining • Prior to use, the employer shall provide training to each employee who is required to use PPE. • Training should include: • When PPE is necessary • What PPE is necessary • How to properly wear and adjust PPE • The limitations of the PPE, and proper care, maintenance, and useful life • Disposal of the PPE
Personal Protective EquipmentTraining Continued • The employer shall also demonstrate proper knowledge of the use and care of the PPE after training or retraining is required. • The employer shall verify that each affected employee received and understood the required training through written certification.
PPE Re-Training Guidelines • Re-training shall occur when changes in the workplace render previous training obsolete. • Changes in types of PPE to be used render previous training obsolete. • Inadequacies in an affected employees knowledge or use of the assigned PPE.
Hazard Communication Standard29 CFR 1910.1200 • Purpose: Chemical safety instructions shall be provided to each employee who may be “exposed” to hazardous chemicals when working with hazardous chemicals. • This standard though 20 years old, still results in the greatest number of state and federal citations and fines. Today failure to comply is a willful violation.
(HazCom) Plan Elements The Five Principle Components of the Chemical Hazard (HazCom) Standard: • A Chemical Inventory List • Material Safety Data Sheets (MSDS) on all chemicals used, current and previous. • Labeling Process-Hazard warning on all chemicals. • Written Plan • Training-Conducted prior to initial assignmentand whenever the hazard changes.
Control of Hazardous EnergyLockout/Tagout 29 CFR 1910.147 • Purpose: To control the unexpected energization of machines and equipment, or release of stored energy, in order to prevent workplace injuries during service and maintenance. • This standards also includes chemical, steam, air and hydraulic.
Controlling Hazardous Energy • Locks are used to lockout electrical devices. (Electrical panels, circuit breakers, etc). • Round Doughnut locks are also used for other sources of energy. • Tags are used to lock out non-electrical devices. (The tags are red black and white in color).
Who must comply? • All employees; however authorized employees are the only individuals approved to use isolating devices such as locks and tags. These individuals shall receive training on recognition and controlling of hazardous energy sources. • Affected employees shall be instructed in the purpose and use of the energy control devices and procedures used to control stored energy.
Lockout/Tagout Training • Training is conducted upon hire, and prior to initial job assignment. • Whenever there is a change in machines, equipment or processes that present a new hazard, or there is a change in the energy control procedures.
Lockout/Tagout Training • When periodic inspections reveal or whenever the employer has a reason to believe there are deviations from or inadequacies in the employee’s knowledge or use of the energy control procedures. • The employer shall certify the employee training has been accomplished and being kept up-to date.
Emergency Action Plan29CFR 1910.38 • An employer must have an Emergency Action Plan. • The plan must be in writing, kept in the workplace, and available to employees for review. • Employees must be trained on use of the plan.
Emergency Plan Elements • Procedures for reporting the emergency. • Procedures for emergency evacuation, type of evacuation and exit routes. • Procedures to be followed by employees who remain to operate critical operations before they evacuate. (Safety Ambassadors and key members of management). • Procedures to account for all employees after the evacuation.
Emergency Plan Elements • Procedures to be followed by employees performing rescue or medical duties. • An employee alarm system that includes a distinctive signal. • The name or job title of the person every employee may contact to obtain additional information about the plan or an explanation of their duties under the plan.
Emergency Plan Elements • An employer must designate and train employees to assist in a safe and orderly evacuation of other employees. This includes training on fire prevention techniques, such as recognizing electrical hazards, use of extinguisher, etc. (Fire Prevention 29 CFR 1910.38)
Emergency Plan Elements • An employer must review the emergency action plan with each employee covered by the plan upon initial assignment, when the employee’s responsibilities under the plan change and when the plan is changed.
Facility Inspections • Each employer shall conduct periodic inspections and review each plan at least annually to ensure the procedure and requirements of each standard are being followed. • Each employer shall certify inspections and written plan reviews have been conducted. • Each employer shall have measures in place for employees to report hazards.
Incident Reporting • All incidents and injuries shall be documented, reported and investigated immediately. • Injuries resulting in restricted duty or lost days shall be reported and posted annually on OSHA Summary of Work Related Injuries and Illness Log within each facility.
OSHA, CARF, NISH, DARS Inspection Process • Opening Conference: Reason/scope of inspection. • Inspection: Physical inspection, review of training records, written programs, postings and record keeping procedures. • Closing Conference: Discussion of inspection findings.
OSHA Citations • The OSHA compliance officer will submit a report of findings to the OSHA area director. • A certified letter mailed detailing alleged violations and the penalties assessed. • Penalties range from $1,000-$70,000 per violation. • CARF, NISH, DARS do not assess fines; however accreditation may not be granted.
OSHA Posting Requirements • The employer must post a copy of the citation at or near the location(s) in which the violation(s) occurred. It must remain posted for three workdays or until corrective action has been completed.
Petition/Informal Conference • An employer may file a petition for modification of abatement or correct the condition by the date set in the OSHA Notice. • An employer may also request an informal conference with the OSHA area director within 15 work days from the time the citation was received.
OSHA’s 10 Top ViolationsOSHA Compliance Assistance osha.gov 1. Scaffolding (1926.451) 2. Fall Protection (1926.501) 3. Hazard Communication (1910.1200) 4. Lock-out Tag-out (1910.147) 5. Respiratory Protection (1910.134)