An OSHA Updatefor Scott G. Shimandle Compliance Assistance Specialist USDOL/OSHA – Allentown Area Office October 2, 2014
Disclaimer This information is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.
Presentation Overview • OSHA’s Spring 2014 Unified Agenda • Updates to OSHA’s Recordkeeping Rule • Current Initiatives • Nursing Home – NEP Overview • Most Frequently Cited OSHA Violations • National Top 10 • Region III – Federal OSHA Offices • Hazard Communication aka Globally Harmonized System (GHS)
OSHA’s Unified Agenda Spring 2014
OSHA Recordkeeping Changes • Updated list of industries that are exempt from the requirement to routinely keep OSHA injury and illness records. • Previous list used the Standard Industrial Classification (SIC) system from the Bureau of Labor Statistics (BLS) from 1996-1998. • New list is based on North American Industrial Classification System (NAICS) from BLS from 2007-2009. • Retains the exemption for any establishment with ten or fewer employees, regardless of their industry classification.
OSHA Recordkeeping Changes (cont’d) • Rule also added (Table 2) Industries that include establishments newly required to keep records.
Industries That Include Establishments that Would Be Newly Required to Keep Records
Industries That Include Establishments that Would Be Newly Required to Keep Records
OSHA Recordkeeping Changes (cont’d) • Rule expands the list of severe work-related injuries and illnesses that all covered employers must report to OSHA within 24 hours of learning about it. • Inpatient hospitalizations of one or more employee • All work-related amputations • All work-related losses of an eye • Retains the requirement to report all fatalities within 8 hours.
OSHA Recordkeeping Changes (cont’d) • Amputations - The traumatic loss of a limb or other external body part. • Amputations include a part, such as a limb or appendage, that has been severed, cut-off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts that have since been reattached.
OSHA Recordkeeping Changes (cont’d) • Do not have to “report” an event if it: • Resulted from a motor vehicle accident on a public street or highway. Must report the event if it occurred within a construction work-zone. No change. • Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, streetcar, light rail, train). No change. • Occurred more than 30 days after the work-related incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an inpatient hospitalization, amputation, or loss of an eye.
OSHA Recordkeeping Changes (cont’d) • Do not have to “report” an event if it: • Employer do not have to report the inpatient hospitalization if it was for diagnostic testing or observation only. • Inpatient hospitalization = formal admission to the inpatient service of a hospital or clinic for care or treatment.
OSHA’s Emphasis Programs Local/Regional Emphasis Programs National Emphasis Programs Special Emphasis Programs
OSHA Emphasis Programs National Emphasis Programs (NEP) COMBUSTIBLE DUST - OSHA Instruction CPL 03-00-008 National Emphasis Program on Combustible Dust (Reissued) (Date: 03/11/2008) HAZARDOUS MACHINERY - OSHA Instruction CPL 03-00-003 National Emphasis Program on Amputations (Date: 10/27/2006) HEXAVALENT CHROMIUM - OSHA Instruction CPL 02-02-076 National Emphasis Program - Hexavalent Chromium (Date: 02/23/2010) LEAD - OSHA Instruction CPL 03-00-009 National Emphasis Program on Lead (Date: 08/14/2008) PRIMARY METALS INDUSTRIES - OSHA Instruction CPL 03-00-013 Primary Metal Industries (Date: 05/19/2011) 22
OSHA Emphasis Programs (cont’d) National Emphasis Programs (cont’d) PROCESS SAFETY MANAGEMENT - CPL 03-00-014 PSM Covered Chemical Facilities National Emphasis Program (Date:11/29/2011) SILICA - OSHA Instruction CPL 03-00-007 National Emphasis Program on Crystalline Silica (Date: 01/24/2008) NURSING AND RESIDENTIAL CARE FACILITIES - OSHA Instruction CPL 03-00-016 National Emphasis Program on Nursing and Residential Care Facilities (Date: 04/05/2012) ISOCYANATES- OSHA Instruction CPL 03-00-017 National Emphasis Program – Occupational Exposure to Isocyanates (Date: 06/20/2013) SHIPBREAKING - OSHA Instruction CPL 03-00-012 National Emphasis Program on Shipbreaking (Date: 11/04/2010) 23
OSHA Emphasis Programs (cont’d) Special Emphasis Programs FEDERAL AGENCIES - OSHA Notice 11-04 (FAP 01) Federal Agency Targeting Inspection Program (FEDTRG12) (Date:12/23/2011) TRENCHING & EXCAVATION - OSHA Instruction CPL 02-00-069 [CPL 2.69] Special Emphasis Program on Trenching and Excavation (Date: 9/19/1985) 24
Overview of Nursing Home National Emphasis ProgramNursing and Residential Care Facilities DIRECTIVE NUMBER: CPL 03-00-016 EFFECTIVE DATE: April 5, 2012
Background (cont’d) • NEP is focusing on: • Ergonomic stressors (e.g., relating to resident handling) • Exposure to blood and other potentially infectious materials • Exposure to tuberculosis • Workplace violence • Slips, trips, and falls
Inspection Procedures • Recordkeeping • Ergonomics: MSD Risk Factors Relating to Resident Handling • Slips, Trips and Falls • Bloodborne Pathogens • Tuberculosis (TB) • Workplace Violence • Other Hazards • Methicillin-resistant Staphylococcus aureus (MRSA) and other multi-drug resistant organisms (MDROs) • Hazard Communication
Appendices • Appendix A – CSHO Quick Reference for Data Collection • Appendix B – Release and Consent Form • Appendix C – Reference Material for Nursing Home National Emphasis Program • Appendix D – Sample 5(a)(1) AVD for Resident Handling Hazards • Appendix E – Sample 5(a)(1) AVD for MRSA Exposure
Current Agency Focus Areas/Initiatives • Strengthening our Whistleblower Program • Hospitals and Healthcare • Oil and Gas Drilling • Ergonomics • Crystalline Silica • Reducing Exposures to Hazardous Chemicals • Protecting Vulnerable Workers - English As a Second Language Employees
Current Agency Focus Areas/Initiatives • Falls in Construction • Heat Stress • Globally Harmonized System • Workplace Violence • Highway/Roadway Work Zone Safety • Protecting Temporary and Contract Workers • Isocyanates
Top 10 Violations for the Nation* in FY’14 (*Federal OSHA) • Fall Protection in Construction (1926.501) • Hazard Communication (1910.1200) • Scaffolding in Construction (1926.451) • Respiratory Protection (1910.134) • Lockout/Tagout (1910.147) • Powered Industrial Trucks (1910.178) • Electrical – Wiring Methods (1910.305) • Ladders in Construction (1926.1053) • Machine Guarding (1910.212) • Electrical – General Requirements (1910.303)
Top 20 Violations in General Industry issued since 2012 (Region III) • Hazard Communication (1910.1200) • Respiratory Protection (1910.134) • Control of Hazardous Energy (LO/TO) (1910.147) • Occ. Exposure to Bloodborne Pathogens (1910.1030) • Electrical Equipment – General (1910.303) • Electrical Wiring & Comp. – General (1910.305) • Powered Industrial Trucks – (1910.178) • Machine Guarding – General (1910.212) • Occupational Noise (1910.95) • Personal Protective Equipment (1910.132)
Top 20 Violations in General Industry issued since 2012 (Region III) • Guarding Floor and Wall Openings (1910.23) • Portable Fire Extinguishers (1910.157) • Abrasive Wheel Machinery (1910.215) • Walking-Working Surfaces – General (1910.22) • Mtnc & Operational Features for Exit Routes (1910.37) • Section 5(a)(1) of OSH Act • Mech. Power-Transmission Apparatus (1910.219) • Medical Services and First Aid (1910.151) • Process Safety Mgmt. of HHC (1910.119) • Eye and Face Protection (1910.133)
Top 10 Violations in Construction issued since 2012 (Region III) • Duty to have Fall Protection (1926.501) • Hazard Communication (1910.1200) • Scaffolds – General Requirements (1926.451) • Respiratory Protection (1910.134) • Control of Hazardous Energy (LO/TO) (1910.147) • Ladders (1926.1053) • Fall Protection – Training Requirements (1926.503) • Occ. Exposure to Bloodborne Pathogens (1910.1030) • Electrical Equipment – General (1910.303) • Electrical Wiring & Comp. – General (1910.305)
Standards Overview Lockout/Tagout Hazard Communication Written Plan – General Information & Training Labeling of Containers MSDS (SDS)-Maintenance • Energy Control Procedures • Periodic Inspections • Training and Communication • Adequate Hardware
Standards Overview Electrical Wiring Methods Powered Industrial Trucks Safe Operation Refresher Training/Eval Certification Truck Inspections Maintenance • Use of flexible cords • Conductors into boxes • Identification, splices… • Covers and canopies • Temporary Wiring
Standards Overview Machine Guarding Respiratory Protection Written Program Medical Evaluations Fit-Testing Training Use and Selection of Respirator • Types of Guarding • Point of Operation Guarding • Barrels, Containers and Drums • Exposure of Blades • Anchoring of fixed equipment/machinery
Standards Overview Electrical - General Others • Installation and Use • Space around equip. • Guarding of live parts • Marking of services, … • Free of recognized hazards
Construction Standards Overview Fall Protection Scaffolds Fall Protection Decking/Planking Access Foundation/Base Guardrails • Residential Construction • Unprotected Edges/Sides • Roofing Work–Low Slope • Steep Roofs • Protection from holes and skylights
Construction (cont’d) Ladders Others • Not Securing or Extending • Not being used as designed • Top step being used • Broken ladder being used • Carrying loads which could lead to a fall
Hazard Communication PPT-016-03 2
General Standard Requirements • A written programto cover issues of chemical safety and hazard communication (HAZCOM). • Labelsto identify each chemical. • Material Safety Data Sheets (MSDSs) (now SDSs under the Globally Harmonized System: GHS). • Employee training on SDS information and safe chemical procedures and practices. 3
Why did OSHA align the HCS with GHS? • A common, coherent approach to classifying and communicating chemical hazards. • Harmonized definitions of hazards • Specific criteria for labels • Harmonized format for safety data sheets
Modifications/Notable changes • Using a “specification” approach rather than a “performance-oriented” approach • “Hazard classification” rather than “hazard determination” • Labels are more defined and will now require: • Product identifier • Pictogram • Signal word • Hazard statement(s) • Precautionary statement(s) • Name, address, and telephone number • “Safety data sheet” (rather than “Material Safety Data Sheet”) uses a 16-section format.
Organization of the Final Rule a) Purpose b)Scope and Application c)Definitions d)Hazard Classification e)Written Hazard Communication Program f) Labels and Other Forms of Warning g) Safety Data Sheets h) Employee Information and Training i) Trade Secrets j) Effective Dates Appendices A–F
Appendices • Appendix A, Health Hazard Criteria (Mandatory) (NEW) • Appendix B, Physical Hazard Criteria (Mandatory) (NEW) • Appendix C, Allocation of Label Elements (Mandatory) (NEW) • Appendix D, Safety Data Sheets (Mandatory) (NEW) • Appendix E, Definition of “Trade Secret” (Mandatory) • Appendix F, Guidance for Hazard Classifications • re: Carcinogenicity (Non-Mandatory) (NEW)
Written Plan • How SDS filing requirements are being met • Type of labeling system being used • Detailed information on training and compliance • Methods to inform employees of non-routine tasks and safe procedures • Methods to inform outside contractors of the HAZCOM program