Presentation on theme: "DDLA PRESENTATION NEW ORLEANS, LA"— Presentation transcript:
1 DDLA PRESENTATION NEW ORLEANS, LA OSHA SAFETY & HEALTH REGULATIONS AND HOWTHEY 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, 1971OSHA’s mission:1. Write, publish and enforce workplace safety andhealth standards;2. Provide training, outreach, education andassistance to those covered by the Act.
3 25 STATES & 2 U.S. TERRITORIES WITH OSHA APPROVED PLANS OSHA JURISDICTIONOSHA’s Safety & Health standards apply to private sector employers andworkers in all 50 States, the District of Columbia and other U.S. Territoriesthrough either:The Federal Occupational Safety & Health Administration - - orState Occupational Safety & Health Plans approved by FederalOSHA .State Safety & Health Plans must meet or exceed Federal OSHA Safety &Health requirements.25 STATES & 2 U.S. TERRITORIES WITH OSHA APPROVED PLANSAlaska Iowa New Mexico UtahArizona Kentucky New York VermontCalifornia Maryland North Carolina VirginiaConnecticut Michigan Oregon Virgin Islands Hawaii Minnesota Puerto Rico WashingtonIllinois Nevada South Carolina WyomingIndiana New Jersey Tennessee
4 OSHA APPROVED STATE SAFETY & HEALTH PLANS WITH MARITIME COVERAGE Except where U.S. Coast Guard regulations apply, only 4 states withOSHA approved Safety & Health Plans have authority over unsafeconditions on Marine Cargo Handling Facilities to which employees areexposed. They are:California - Minnesota - Vermont - WashingtonUnsafe working conditions at Marine Cargo Handling Facilities in all otherStates and U.S. Territories fall under Federal OSHA jurisdiction, exceptwhere U.S. Coast Guard regulations apply.Should a reportable personal injury accident occur aboard a vessel or ona marine terminal, the USCG and OSHA will usually consult with oneanother, in order to determine who has jurisdiction.NOTE: States with OSHA approved plans may have marine cargo handling facility regulationsthat exceed Fed OSHA requirements. This presentation will focus only onrequirements found in Federal OSHA regulations.
5 OSHA AUTHORITY OVER SEAMAN ABOARD INSPECTED VESSELS OSHA does not have the authority to enforce safetyand health regulations, with respect to workingconditions involving Seamen aboard inspectedvessels, except for regulations dealing with:Reporting and recordkeeping of occupational injuries and illnesses.OSHA has no authority over foreign seamen on foreignvessels.
6 DEFINITION OF A SEAMANA 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 andhealth regulations with the respect to employees other-than-seamen working aboard inspected vessels. Thiswould include:SHIPYARD WORKERSandLONGSHOREMEN
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 VESSELSOSHA 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 STANDARDGeneral Industry - 29CFR Part 1910Applies to all types of industry to one degree or another.VERTICAL STANDARDSShipyard Employment - 29CFR Part 1915Marine Terminals - 29CFR Part 1917Longshoring CFR Part 1918Construction CFR Part 1926Agriculture CFR Part 1928Designed to apply to specific industries.
11 OSHA SAFETY & HEALTH STANDARDS AND HOW THEY APPLY 29CFR PartS M L C AH A O O GV ERTICAL I R N N RSTANDARDS P I G S IY N S T CA E H R UR O U LD T R C TE I T UR N I RM G O ENGENERAL INDUSTRY CFR PART 1910HORIZONTAL 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 tofacilities used solely for the bulkstorage, handling and transfer offlammable, non-flammable andcombustible 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 ofcargo, ship’s stores, gear or any other materials, into, in, on, orout 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 AidAccident Investigation and Reporting;Confined Work Space EntryPersonal Protective Equipment;Supervisory Accident Prevention Proficiency;- Supervisors of more than five (5) persons must satisfactorilycomplete a course in accident prevention.
18 POWERED INDUSTRIAL TRUCK OPERATOR TRAINING & EVALUATION A Powered Industrial Truck is defined by OSHA as a vehiclethat 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 courseTraining 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.
24 ATTACHMENTSPowered 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
27 PIT OPERATOR TRAINING COURSE REQUIREMENT Powered Industrial Truck Operator Training must consist of acombination of:Formal InstructionLecture, audio visuals, handouts and testing.Practical TrainingDemonstrations and exercises performed by the trainee while operating a powered industrial truck - - andEvaluationObserving the operator’s performance.Training and evaluation must be conducted by a personwith the knowledge, training and experience necessary totrain powered industrial truck operators and to evaluatetheir competence.
28 EVALUATION & REFRESHER TRAINING An evaluation of each powered industrial truck operator’sperformance must be conducted:After initial training,After refresher training - - andAt least once every three yearsRefresher 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 CERTIFICATIONCertificates issued to employees who successfully completePowered Industrial Truck Operator Training Courses shall include:Name of operatorDate of trainingDate of performance evaluationType of PIT certified to operateType of special attachment certified to useIdentity of person(s) performing the training and evaluationRe-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 andOrganized Labor representing the Marine Cargo Handling Industry inorder to stop enforcement of the PIT operator training rule in the MarineCargo Handling Industry, due to its unique labor situation, a settlementagreement was reached by all parties on July 14, The settlementagreement 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 - - andRe-certify PIT operators every 3 years by a review of operator records only.Review must be conducted by a PIT Operator Re-Certification Committeeand the Committee must be satisfied with the operator’s pastperformance.
31 OSHA INJURY AND ILLNESS REPORTING REQUIREMENTS EMPLOYERS MUST NOTIFY OSHA WITHIN 8 HOURSIf 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 investigatethe heart attack incident, depending on the information provided)NOTE: States with OSHA approved programs may have more stringent injury and illnessreporting requirements than that required by Fed OSHA.
32 OSHA INJURY & ILLNESS RECORDKEEPING REQUIREMENTS OSHA requires employers to record work related injuries or illnesses, ifthey 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 - - and5. Loss of consciousness.Employers must also:1. Complete an injury/illness report within 7 days from the time theemployer 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 makethem 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 - - andPost 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 andillness 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 andsees a condition that he or she considers to be in violation of an OSHA regulation, theemployer can be issued a citation for one or more different type violations.Employers have the right to contest an OSHA citation, a proposed penalty, theabatement 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 systemand their citation and penalty procedures may differ somewhat from Fed OSHA.
35 OTHER THAN SERIOUS VIOLATION A violation that probably would not causedeath or serious physical harm.PENALTYUp to $7,000 is discretionaryFor each violation.NOTE: Penalty may be adjusted downward by as much as 95%, depending onemployer’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 resultand the employer knew, or should have known,of the hazard.PENALTYUp to $7,000 is mandatoryFor 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 ofbusiness.
37 WILLFUL VIOLATION PENALTY A violation that the employer knowingly commits orcommits with plain indifference of the law. The employerwas aware that a hazardous condition existed and made noreasonable effort to eliminate it.PENALTY$5,000 minimum up to $70,000For each violation.NOTE: Penalty may be adjusted downward, depending on employer’shistory of previous violations and size of business. No credit forgood faith.
38 OSHA will not adjust the penalty downward. REPEATED VIOLATIONA violation observed by an OSHA ComplianceOfficer that is the same or substantially similarto a violation found during a previousinspection of an employer’s facility oroperation.PENALTYUp to $70,000 is mandatoryFor each violation.OSHA will not adjust the penalty downward.
39 FAILURE TO ABATE PRIOR VIOLATION When the employer fails to correct an unsafecondition within the time allowed by OSHA todo so.PENALTYUp to $7,000For each day the violation continuesbeyond the prescribed abatement date.
40 OTHER TYPE VIOLATIONSOSHA 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 andimprisonment 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 thatresulted 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, orby imprisonment for up to six (6) months, or both.The person most in charge of the operation where thefatality occurred is the person usually held responsibleand the person who will probably be fined and/orimprisoned.
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