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DDLA PRESENTATION NEW ORLEANS, LA

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1 DDLA PRESENTATION NEW ORLEANS, LA
OSHA SAFETY & HEALTH REGULATIONS AND HOW THEY APPLY TO MARINE CARGO HANDLING FACILITIES AND ABOARD VESSELS

2 HISTORY OF OSHA OSH Act signed into law on December 29, 1970
Occupational Safety & Health Administration (OSHA) established on April 28, 1971 OSHA’s mission: 1. Write, publish and enforce workplace safety and health standards; 2. Provide training, outreach, education and assistance to those covered by the Act.

3 25 STATES & 2 U.S. TERRITORIES WITH OSHA APPROVED PLANS
OSHA JURISDICTION OSHA’s Safety & Health standards apply to private sector employers and workers in all 50 States, the District of Columbia and other U.S. Territories through either: The Federal Occupational Safety & Health Administration - - or State Occupational Safety & Health Plans approved by Federal OSHA . State Safety & Health Plans must meet or exceed Federal OSHA Safety & Health requirements. 25 STATES & 2 U.S. TERRITORIES WITH OSHA APPROVED PLANS Alaska Iowa New Mexico Utah Arizona Kentucky New York Vermont California Maryland North Carolina Virginia Connecticut Michigan Oregon Virgin Islands Hawaii Minnesota Puerto Rico Washington Illinois Nevada South Carolina Wyoming Indiana New Jersey Tennessee

4 OSHA APPROVED STATE SAFETY & HEALTH PLANS WITH MARITIME COVERAGE
Except where U.S. Coast Guard regulations apply, only 4 states with OSHA approved Safety & Health Plans have authority over unsafe conditions on Marine Cargo Handling Facilities to which employees are exposed. They are: California - Minnesota - Vermont - Washington Unsafe working conditions at Marine Cargo Handling Facilities in all other States and U.S. Territories fall under Federal OSHA jurisdiction, except where U.S. Coast Guard regulations apply. Should a reportable personal injury accident occur aboard a vessel or on a marine terminal, the USCG and OSHA will usually consult with one another, in order to determine who has jurisdiction. NOTE: States with OSHA approved plans may have marine cargo handling facility regulations that exceed Fed OSHA requirements. This presentation will focus only on requirements found in Federal OSHA regulations.

5 OSHA AUTHORITY OVER SEAMAN ABOARD INSPECTED VESSELS
OSHA does not have the authority to enforce safety and health regulations, with respect to working conditions involving Seamen aboard inspected vessels, except for regulations dealing with: Reporting and recordkeeping of occupational injuries and illnesses. OSHA has no authority over foreign seamen on foreign vessels.

6 DEFINITION OF A SEAMAN A Seaman is an individual engaged or employed aboard a vessel in navigation and who has a substantial connection with the vessel, or an identifiable group of vessels in navigation, and who contributes to the function of the vessel in navigation or to the accomplishment of its mission, including but not limited to the navigation of the vessel. The connection to the vessel or vessels must be substantial in terms of both its duration (30% or more of the seaman’s time) and its nature. A vessel in navigation is one which is on a voyage or which is at anchor, berthed, or dockside, but not one which is undergoing a major overhaul or renovation.

7 EMPLOYEES OTHER THAN SEAMAN WORKING ABOARD INSPECTED VESSELS
OSHA does have the authority to enforce safety and health regulations with the respect to employees other- than-seamen working aboard inspected vessels. This would include: SHIPYARD WORKERS and LONGSHOREMEN

8 LONGSHORING OPERATIONS
EMPLOYEE OTHER THAN A SEAMAN WHO IS LOADING CARGO ONTO THE DECK OF AN INSPECTED VESSEL. OSHA HAS SAFETY & HEALTH AUTHORITY OVER THIS TYPE OPERATION.

9 UNINSPECTED VESSELS OSHA has the authority to enforce safety and health regulations for unsafe working conditions aboard uninspected vessels to which employees are exposed, including seamen, as long as the hazards are not covered by existing U.S. Coast Guard regulations.

10 TYPES OF OSHA SAFETY & HEALTH STANDARDS AND HOW THEY APPLY
HORIZONTAL STANDARD General Industry - 29CFR Part 1910 Applies to all types of industry to one degree or another. VERTICAL STANDARDS Shipyard Employment - 29CFR Part 1915 Marine Terminals - 29CFR Part 1917 Longshoring CFR Part 1918 Construction CFR Part 1926 Agriculture CFR Part 1928 Designed to apply to specific industries.

11 OSHA SAFETY & HEALTH STANDARDS AND HOW THEY APPLY
29CFR Part S M L C A H A O O G V ERTICAL I R N N R STANDARDS P I G S I Y N S T C A E H R U R O U L D T R C T E I T U R N I R M G O E N GENERAL INDUSTRY CFR PART 1910 HORIZONTAL STANDARD

12 MARINE TERMINAL REGULATIONS 29CFR Part 1917
Apply to waterfront facilities involved in vessel to shore or shore to vessel cargo handling operations; Apply to handling, moving and storing cargo within a waterfront facility warehouse or open area, as well to or from land based carriers such as railcars and freight trucks; Apply to routine maintenance of a waterfront facility and its equipment; Apply to marine cargo handling gear and devices used at a waterfront facility.

13 FORKLIFT TRUCK UNLOADING CARGO FROM A LAND BASED CARRIER

14 BULK LIQUID AND GAS FACILITIES
OSHA regulations do not apply to facilities used solely for the bulk storage, handling and transfer of flammable, non-flammable and combustible liquids and gases

15 BULK LIQUID STORAGE, HANDLING AND TRANSFER FACILITY

16 LONGSHORING REGULATIONS 29CFR Part 1918
Longshoring means the loading, unloading, moving or handling of cargo, ship’s stores, gear or any other materials, into, in, on, or out of any vessel. WORKERS HOOKING-UP CARGO TO BE LOADED ON A VESSEL

17 OSHA REQUIRED EMPLOYEE TRAINING
Required employee training includes, to name a few: Workplace Hazard Awareness and Prevention. Powered Industrial Truck Operator; Hazard Communication; Employee Action in Response to a Sudden Emergency Situation; Proper Use and Types of Fire Extinguishers. Emergency First Aid Accident Investigation and Reporting; Confined Work Space Entry Personal Protective Equipment; Supervisory Accident Prevention Proficiency; - Supervisors of more than five (5) persons must satisfactorily complete a course in accident prevention.

18 POWERED INDUSTRIAL TRUCK OPERATOR TRAINING & EVALUATION
A Powered Industrial Truck is defined by OSHA as a vehicle that can carry, push, pull, lift or tier loads. OSHA Powered Industrial Truck Standard for General Industry issued on December 1, 1998 (29CFR ) Requires an operator to be competent to operate a powered industrial truck safely. Can be accomplished by an employee successfully completing a powered industrial truck operator training course Training course must meet requirements listed in the OSHA standard. (see handout)

19 TYPES OF POWERED INDUSTRIAL TRUCKS
There are many different types of powered industrial trucks covered by OSHA’s standard, such as a typical gasoline or LPG operated forklift truck.

20 WALK/RIDE PALLET TRUCKS

21 CONTAINER HANDLERS

22 ROUGH TERRAINE FORKLIFT TRUCKS

23 SEMI-TRACTORS OR YARD HUSTLERS

24 ATTACHMENTS Powered industrial truck operators must also be training and evaluated on the types, proper use and limitations of special attachments that they may be required to use. Such as: BALE CLAMP ATTACHMENTS

25 ROLL CLAMP ATTACHMENTS

26 DRUM HANDLING ATTACHMENTS

27 PIT OPERATOR TRAINING COURSE REQUIREMENT
Powered Industrial Truck Operator Training must consist of a combination of: Formal Instruction Lecture, audio visuals, handouts and testing. Practical Training Demonstrations and exercises performed by the trainee while operating a powered industrial truck - - and Evaluation Observing the operator’s performance. Training and evaluation must be conducted by a person with the knowledge, training and experience necessary to train powered industrial truck operators and to evaluate their competence.

28 EVALUATION & REFRESHER TRAINING
An evaluation of each powered industrial truck operator’s performance must be conducted: After initial training, After refresher training - - and At least once every three years Refresher training is required when: An operator is observed operating in an unsafe manner; An operator is involved in an accident or near-miss accident; An operator’s performance indicates a need for additional training; A different type of PIT is introduced into the workplace; Conditions in the workplace change.

29 CERTIFICATION Certificates issued to employees who successfully complete Powered Industrial Truck Operator Training Courses shall include: Name of operator Date of training Date of performance evaluation Type of PIT certified to operate Type of special attachment certified to use Identity of person(s) performing the training and evaluation Re-certification is required every three years.

30 OSHA vs MARINE CARGO HANDLING INDUSTRY
As the result of a law suit filed jointly by Management Associations and Organized Labor representing the Marine Cargo Handling Industry in order to stop enforcement of the PIT operator training rule in the Marine Cargo Handling Industry, due to its unique labor situation, a settlement agreement was reached by all parties on July 14, The settlement agreement allows employers in the Marine Cargo Handling Industry to: Conduct refresher training and operator evaluation on-the-job during the normal course of business rather than every 3 years - - and Re-certify PIT operators every 3 years by a review of operator records only. Review must be conducted by a PIT Operator Re-Certification Committee and the Committee must be satisfied with the operator’s past performance.

31 OSHA INJURY AND ILLNESS REPORTING REQUIREMENTS
EMPLOYERS MUST NOTIFY OSHA WITHIN 8 HOURS If an injured or ill employee dies within 30 days of a work related incident; If 3 or more employees are hospitalized within 30 days of a single work related incident; If an employee has a fatal heart attack while at work. (The local OSHA Area Director will decide whether or not to investigate the heart attack incident, depending on the information provided) NOTE: States with OSHA approved programs may have more stringent injury and illness reporting requirements than that required by Fed OSHA.

32 OSHA INJURY & ILLNESS RECORDKEEPING REQUIREMENTS
OSHA requires employers to record work related injuries or illnesses, if they results in one or more of the following: 1. Death; 2. Days away from work; 3. Restricted work or transfer to another job; 4. Medical treatment beyond first aid - - and 5. Loss of consciousness. Employers must also: 1. Complete an injury/illness report within 7 days from the time the employer first learns of the incident. (OSHA 301 form or equivalent form) 2. Enter required information on OSHA’s 300 log of injuries and illnesses. 3. Maintain injury and illness records for a period of five years and make them available to OSHA upon request.

33 END OF YEAR INJURY & ILLNESS RECORDKEEPING AND POSTING REQUIREMENTS
AT THE END OF EACH CALENDAR YEAR, EMPLOYERS MUST: Review the OSHA 300 Log to verify that entries are complete and accurate, and correct any deficiencies detected; Complete the OSHA 300-A annual summary of injuries and illnesses form (or equivalent form), taking the information that is recorded on the OSHA 300 Log; Have the OSHA 300-A annual summary form examined and signed by a company executive - - and Post a copy of the summary where it is visible to employees from February 1 to April 30 of the year following the year covered by the summary. NOTE: States with OSHA approved programs may have more stringent end of year injury and illness recordkeeping and posting requirements than that required by Fed OSHA.

34 OSHA CITATIONS AND PENALTIES
When a OSHA Compliance Officer inspects a workplace or investigates an accident and sees a condition that he or she considers to be in violation of an OSHA regulation, the employer can be issued a citation for one or more different type violations. Employers have the right to contest an OSHA citation, a proposed penalty, the abatement period or all three. The steps are as follows: Informal Conference (Meet with OSHA Area Director to discuss case and enter into a settlement agreement. Must take place within 15 days from receipt of citation.) Formal Contest (Employer must file a written Notice of Contest within 15 days of receipt of citation with the OSHA Area Director. The case will then be assigned to an Administrative Law Judge for a formal hearing.) Further Review by the Occupational Safety & Health Review Commission (The OSHRC is an independent agency not associated with OSHA or the Department of Labor.) U.S. Court of Appeals (Further legal action) NOTE: States with OSHA approved programs may have their own appeals process system and their citation and penalty procedures may differ somewhat from Fed OSHA.

35 OTHER THAN SERIOUS VIOLATION
A violation that probably would not cause death or serious physical harm. PENALTY Up to $7,000 is discretionary For each violation. NOTE: Penalty may be adjusted downward by as much as 95%, depending on employer’s good faith, history of previous violations and size of business.

36 SERIOUS VIOLATION A violation where there is substantial probability
that death or serious physical harm could result and the employer knew, or should have known, of the hazard. PENALTY Up to $7,000 is mandatory For each violation. NOTE: Penalty may be adjusted downward, depending on employer’s good faith, history of previous violations, gravity of the alleged violation and size of business.

37 WILLFUL VIOLATION PENALTY
A violation that the employer knowingly commits or commits with plain indifference of the law. The employer was aware that a hazardous condition existed and made no reasonable effort to eliminate it. PENALTY $5,000 minimum up to $70,000 For each violation. NOTE: Penalty may be adjusted downward, depending on employer’s history of previous violations and size of business. No credit for good faith.

38 OSHA will not adjust the penalty downward.
REPEATED VIOLATION A violation observed by an OSHA Compliance Officer that is the same or substantially similar to a violation found during a previous inspection of an employer’s facility or operation. PENALTY Up to $70,000 is mandatory For each violation. OSHA will not adjust the penalty downward.

39 FAILURE TO ABATE PRIOR VIOLATION
When the employer fails to correct an unsafe condition within the time allowed by OSHA to do so. PENALTY Up to $7,000 For each day the violation continues beyond the prescribed abatement date.

40 OTHER TYPE VIOLATIONS OSHA violations for which citations and proposed penalties may be issued upon conviction: Falsifying records, reports or applications ($10,000 fine or up to 6 months in jail or both) Violations of posting requirements (Civil penalty up to $7,000) Assaulting, resisting, opposing, intimidating, or interfering with an OSHA Compliance Officer while he or she is engaged in the performance of their duties. (Criminal offense subject to a fine not more than $5,000 and imprisonment for not more than 3 years)

41 OSHA GENERAL DUTY CLAUSE
Section 5(a)(1) of the Occupational Safety & Health Act covers hazardous conditions to which employees are exposed that are not covered by existing OSHA regulations. The section states: “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 his employees.” Penalty for violation of OSHA’s General Duty Clause can be up to $70,000 for each violation written.

42 CRIMINAL PROSECUTION OF COMPANY OFFICIALS
An employer can be held criminally liable if: Convicted of WILLFULLY violating an OSHA standard that resulted in the death of an employee. The offense is punishable by a court-imposed fine of up to $250,000 for an individual, or $500,000 for a corporation, or by imprisonment for up to six (6) months, or both. The person most in charge of the operation where the fatality occurred is the person usually held responsible and the person who will probably be fined and/or imprisoned.

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44 PRESSURE RELIEF


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