1. Introduction to OSHA
Subpart C
29 CFR

2. Introduction to OSHA
The William-Steiger Occupational Safety & Health Act was passed by Congress in December, The act established the Occupational Health and Safety Administration (OSHA).
April, 1971-Enforcement of regulations began.
Purpose: To assure every employee a safe & healthful work environment.

3. Introduction to OSHA
Prior to OSHA, job related accidents accounted for more than 14,000 workers deaths annually.
Currently about 6000 Americans die annually from workplace injuries.
In 2002, 1121 construction workers died from workplace injuries.

4. The “General Duty” Clause
OSH Act – Public Law Dec Section 5 (a) (1):
“Each employer shall furnish to each of his employees, employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause, death or serious physical harm to employees.”

5. Incorporation by Reference
Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…

6. Most Frequently Cited Serious Violations - 2003
501(b)(1) Unprotected sides and edges (1652)
451(g)(1) Scaffolds – Fall protection (1229)
100(a) Head protection (1159)
501(b)(13) Fall protection – 6’ (1090)
451(e)(1) Scaffolds – Access (1044)
453(b)(2)(v) Aerial lifts – Body belt & lanyard (977)
451(b)(1) Scaffolds – Platform construction (925)
652(a)(1) Excavations- Protection of employees (890)
21(b)(2) Employee training programs (812)
503(a)(1) Fall hazards training program (774)

7. Most Frequently Cited Subpart C - 2003
21(b)(2) Employee training programs (812)
20(b)(2) Inspections by a competent person (542)
20(b)(1) Initiate and maintain accident prevention programs (419)
25(a) Housekeeping (266)
28(a) Personal protective Equipment (113)

8. General Requirements Subpart C
Employer cannot require employees to work in unsafe, hazardous, or unsanitary conditions.
Employer must have a safety program & conduct frequent and regular inspections by competent persons.
Most companies conduct written weekly inspections and daily informal inspections.

9. General Requirements Subpart C
Unsafe tools, machinery, material or equipment to be tagged or locked out of service, or physically removed from place of operation.
Employer shall permit only employees qualified by training or experience to operate machinery and equipment.

10. Housekeeping
Combustible scrap and debris must be removed at regular intervals.
Form and scrap lumber with protruding nails and all other debris, shall be cleared from work areas, passageways, and stairs.
Containers shall be provided for waste, trash, oily and used rags.

11. Means of Egress
Free and unobstructed egress at all exits must be maintained.
Exits cannot be locked
Exits must be marked if direction to them not immediately visible.
Means of egress must be maintained free of obstructions

12. Emergency Action Plans
Must be written and cover the following at a minimum:
Escape procedures and routes
Procedures for employees who remain for critical functions
Procedures to account for all employees after evacuation
Means of reporting emergencies
Rescue and medical duties
Names or job titles of persons who can be contacted for further information

13. Emergency Action Plans
Employer must establish an employee alarm system
Employees must be trained in plan requirements.
Radios, Nextels, air horns, etc. can serve this purpose.

14. Confined Space Entry
All employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment.
Guidelines are covered under OSHA General Industry Standard
A construction standard is being developed.

15. Confined Space Entry Confined Space:
…any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere.

16. Competent Person
One who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them.

17. Qualified Person
One who, by having recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the work.
I.e., a Professional Engineer, experienced foreman, etc.

18. Examples of Areas With Competent Person Requirements
Fall Protection
Scaffolding
Trench & Excavation
Respirator Use
Cranes & Derricks
Ladders
Hearing Protection
Welding & Cutting
Electrical
Concrete forms & Shoring
Demolition
Lead
Ionizing Radiation

19. Training Education
Employees must be trained in recognition, avoidance, and prevention of unsafe conditions and the regulations applicable to his/her work environment.
Employees required to handle or use poisons, caustics, toxic or flammable materials must be trained in safe handling.

20. Training Education OSHA recognized training programs:
OSHA 500 program established to “train the trainers”
OSHA 10 & 30 hour programs established for employees and supervisors.

21. WWW.OSHA.ORG Agency home page
All companies OSHA history available as public record information
OSHA standards can be downloaded
Compliance directives and letters of interpretation available
Employee online complaint system
eTools (best practice guidelines)

22. Types of Inspections General Scheduled (random) Complaint
Post-Incident (1 fatality or 3 injuries from 1 event)
Referral (news media, fire department, public…)
Special Emphasis (silica, falls, trenching…)
Focused (4 main hazards)
Follow-up (post citation)

23. Focused Inspections
Allows compliance officers to spend less time with companies that have strong safety programs, and more time with companies that do not.
You must have a written safety program, implemented by a competent person, to qualify.
Results in shortened inspections process.

24. Focused Inspections Inspections Focused on: (90% of fatalities)
Falls (floors, work platforms, roofs) 33%
Struck by (falling objects, vehicles) 22%
Caught in-between (cave-ins) 18%
Electrical (overhead lines, tools) 17%

25. Rules of Construction
Contractors and subcontractors can make their own arrangements regarding who will do things such as; installing guardrails or providing drinking water, however:
Under no circumstance is the Prime Contractor relieved of overall responsibility for safety ( )

26. Multi-Employer Work Site Policy
Exposing Employer – One whose employees are exposed to hazards (most often receives citation).
Creating Employer – One who actually creates the hazards.
Correcting Employer – One responsible for correcting the hazard.
Controlling Employer – One who is responsible for conditions on work site.

27. Inspections, Citations and Enforcement
Inspection Sequence:
Preplanning:
OSHA will review the company’s history of citations
May film or video from offsite
Work Site:
Compliance Officer must show credentials
Will request entry, and explain the purpose of the visit

28. Inspections, Citations and Enforcement
Opening Conference:
The compliance Officer Identifies the scope & type of inspection.
Will review OSHA required recordkeeping.
Opportunity to qualify for focused inspection.
Meet with a representative of each contractor

29. Inspections, Citations and Enforcement
Inspection Process:
Will tour the job/facility looking for hazards, will interview employees, collect photos/videos, and samples or measurements.
It is important for the employer to take the same photo as OSHA from several viewpoints.

30. Inspections, Citations and Enforcement
Closing Conference:
The Compliance Officer may point out potential violations of the standards, and establish abatement dates for correction.

31. Inspections, Citations and Enforcement
Decision to Issue Citation(s):
The Compliance Officer completes report and proposes potentials citations. This is reviewed by the Area Director who has final authority to issue citations/penalties.

32. Inspections, Citations and Enforcement
Citation Issuance:
Will be received by the employer via registered mail within 180 days.
The employer can ask for an informal conference, within 15 days.
The employer must correct any citations within the abatement dates & pay penalty amount or contest citations.

33. Types of Citations
Other than Serious – A violation that would not cause death or serious injury.
Serious – A violation where there is a high probability of death or serious injury.
Willful – A violation where death or serious injury could occur, and the employer knew, or should have known, the hazard existed.

34. Types of Citations
Criminal Willful – “Flagrant disregard for safety….” Can result in 6 months jail time and $500,000 fine.

35. Types of Citations
Repeat – A violation of any standard or rule where upon re-inspection within 3 years, a similar violation is found.
Failure to Abate – A violation for failure to correct a previous citation in a timely manner.

36. Citation Penalties Other than Serious – $0 - $7000
Serious – Up to $7000
Repeated – X2, X5, & X10

37. Citation Penalties Willful – Up to $70000
Egregious – Penalty amount multiplied times the number of employees exposed. (At this time, OSHA cannot use the egregious policy due to court decision however, they have appealed this).
Criminal Willful – Up to $500,000

38. Citation Penalties
Failure to Abate – (per calendar day $7000, to maximum $210,000)
Failure to report fatality – $5000
Failure to post citation – $3000
Failure to post on 300 log – $1000 / case

39. 2002 Construction Fatalities – 1,121
What’s New Subpart C
2002 Construction Fatalities – 1,121
Only 5% of the workers in construction
20% of the fatalities

40. What’s New Subpart C Enhanced Enforcement Policy:
Announced by Secretary of Labor Chao on 3/11/03.
Focuses on employers who have received high gravity citations.
High gravity = high risk factor / high penalty

41. What’s New Subpart C High Gravity Citations include:
High gravity willful violations.
Multiple high gravity serious violations.
High gravity repeat violations at originating establishment.
Failure to abate notices.
Serious willful or repeat violations related to a fatality.

42. What’s New Subpart C Will Result in: Follow up inspections
Issuance of press releases
Identified companies prioritized for programmed inspections

43. What’s New Subpart C Settlement Agreement:
Requires employers to hire consultants.
Applies agreement corporate-wide.
Requires info on other job sites.

44. What’s New Subpart C Settlement Agreement:
Requires submission of 300 logs to OSHA quarterly and consent to inspections based on logs.
Employer consents to allow OSHA entry.

45. What’s New Subpart C Post Settlement Agreement:
OSHA will seek enforcement of court orders as allowed under Section 11(b) OSH Act. In other words, they will more aggressively deal with employers in the courts.
Federal courts have more sanctions to deal with non-compliant employers-fines, court costs, incarceration.

46. Recordkeeping Standard
Revised January 2002

47. Who Must Comply
All employers with over ten employees must maintain 300 & 301
Randomly selected employers must participate in the annual survey – results in BLS data.

48. Penalties
“Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment, for not more than 6 months, or both.”

49. Requirements… Each workplace must display an OSHA or State poster.
The employer must report to OSHA within 8 hours all accidents which result in a fatality or hospitalization of three or more employees. ( OSHA)

50. Recordkeeping Forms 300 Log – list of recordable injuries
301 Supplemental Form – in some states you can substitute your Employer’s First Report of Injury Form.
300A Summary (This is what is posted)

55. General Recording Criteria
You must post the summary (300A) from February 1st through April 30th .
You can just post this at the corporate office unless your project will last over 12 months.
The summary must be signed by a company executive

56. General Recording Criteria
You must record the following if work related:
Death
Loss of consciousness
Lost work day
Restricted work / Job transfer
Medical treatment
Significant injury or illness diagnosed by physician or licensed health care professional

57. Hearing Loss You must record work-related hearing loss.
Record 10 decibel threshold shift from initial audiogram.
Record 25 db hearing loss from audiometric zero

58. Lost Work Days Count Calendar Days
If the Doctor says the employee must take time off from work you must count it as lost time even if employee does not take time off.
Counting Cap – 180 days.

59. Restricted Work Days / Job Transfer
Count Calendar Days
Stop counting at 180 days
Stop counting if permanent job transfer.

60. Medical Treatment
If the employee receives medical treatment, you must record
If the employee receives only first aid treatment, regardless of who provides the treatment, you do not record

61. Medical Treatment – Exceptions
Visits to a medical professional solely for observation are not recordable
First Aid – (see list to follow)
Diagnostic Procedures:
X-rays, blood work or other tests solely for diagnostic purposes are not recordable

62. First Aid List – Items on this List are Not Recordable
Non- prescription medication
Tetanus immunizations
Cleaning, flushing or soaking wounds
Band- Aids, butterfly bandages, or steri-strips
Hot or cold therapy
Splints, slings, neck collars
Drilling nails to relieve pressure, drain blister

63. First Aid List Continued
Eye patches
Removal of foreign bodies using irrigation or cotton swab
Removal of splinters by irrigation, tweezers or cotton swab
Use of finger guards
Massage of therapy
Drinking fluids for heat stress

64. Resources For statistics www.stats.bls.gov/blshome.html
For 300 log, regulations, letters of interpretation:
Regular and online safety courses

65. Safety & Health Programs
Is a Safety and Health Program required by OSHA in construction?
Yes, however a written program is not required, but OSHA has proposed to change this.

66. Why Have A Safety & Health Program?
It is the foundation for other Safety /Health efforts.
Your insurance carrier wants you to have one
Avoid /reduce accident costs
Must have to qualify for focused inspection

67. OSHA Penalty Reductions Based On Good Faith
25% - Based on a comprehensive written and implemented safety & health program.
15% - Based on a written program with some deficiencies

68. Elements Of A Safety & Health Program
Management Commitment & Employee Involvement
Worksite Analysis
Hazard Prevention & Control
Safety & Health Training

69. Management Commitment & Employee Involvement
Develop a worksite safety & health policy
Establish & communicate safety goals.
Provide visible top management involvement & support.
Encourage employee involvement.

70. Management Commitment & Employee Involvement
Assign and communicate program responsibility
Provide adequate authority and resources.
Hold managers, supervisors, and employees accountable.
Review program operations regularly.

71. Worksite Analysis Recommended Actions
Identify hazards.
Provide regular inspections
Encourage employee notification
Investigate accidents / near misses.
Analyze injury /illness trends.

72. Hazard Prevention & Control Recommended Actions:
Establish hazard control procedures.
Provide regular maintenance
Implement an emergency action plan.
Establish a medical program.

73. Hazard Prevention & Control
Implement engineering controls.
Utilize administrative controls.
Provide PPE.
Establish a disciplinary system.

74. Emergency Action Plans
Employee Notification (Alarm)
Initial Response Procedures
Emergency Telephone Numbers
Site Layouts / Evacuation Routes
Designated Gathering Areas
Accounting System
Employee Training / Periodic Drills

75. Safety & Health Training
Employees must be trained in recognition and avoidance of unsafe conditions
Conduct both general & job specific safety training.

76. Safety & Health Training Efforts Should Be:
Conducted with new hires
Conducted periodically
Followed up for retention / understanding
Documented

77. Question for Review
If there is not a specific standard for a work practice, how could OSHA cite it?
What is OSHA’s name for a person who has knowledge of the standards, hazard recognition and the authority to stop work when necessary?
What type of inspection should you asked for if you have a safety program?
How long do you have to report a fatality to OSHA? What’s the phone number call?