Why do we even have OSHA? 4,383 workers were killed on the job in 2012 – 3.2 per 100,000 full time workers – 84 per week – 12 deaths every day 40,961 Total Federal Inspections 51,133 Total State inspections Since 1970, workplace fatalities have been reduced by more than 65%
Top 10 Most Cited OSHA Standards Violations in FY13 1. Fall protection, construction (29 CFR 1926.501) [related OSHA Safety and Health Topics page]29 CFR 1926.501related OSHA Safety and Health Topics page 2. Hazard communication standard, general industry (29 CFR 1910.1200) [related OSHA Safety and Health Topics page]29 CFR 1910.1200related OSHA Safety and Health Topics page 3. Scaffolding, general requirements, construction (29 CFR 1926.451) [related OSHA Safety and Health Topics page]29 CFR 1926.451related OSHA Safety and Health Topics page 4. Respiratory protection, general industry (29 CFR 1910.134) [related OSHA Safety and Health Topics page]29 CFR 1910.134related OSHA Safety and Health Topics page 5. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) [related OSHA Safety and Health Topics page]29 CFR 1910.305related OSHA Safety and Health Topics page 6. Powered industrial trucks, general industry (29 CFR 1910.178) [related OSHA Safety and Health Topics page]29 CFR 1910.178related OSHA Safety and Health Topics page 7. Ladders, construction (29 CFR 1926.1053) [related OSHA Safety and Health Topics page]29 CFR 1926.1053related OSHA Safety and Health Topics page 8. Control of hazardous energy (lockout/Tagout), general industry (29 CFR 1910.147) [related OSHA Safety and Health Topics page]29 CFR 1910.147related OSHA Safety and Health Topics page 9. Electrical systems design, general requirements, general industry (29 CFR 1910.303) [related OSHA Safety and Health Topics page]29 CFR 1910.303related OSHA Safety and Health Topics page 10.Machinery and Machine Guarding, general requirements (29 CFR 1910.212) [related OSHA Safety and Health Topics page29 CFR 1910.212related OSHA Safety and Health Topics page
The 10 most common documents an OSHA inspector might ask to see…… 1. OSHA 300 Log 2. Lockout/Tagout Program 3. Process Safety Management 4. Emergency Action Plan 5. Respirator Program 6. Confined Space 7. Portable Fire Extinguishers 8. Hazard Communication 9.Hazard Assessment 10. Hearing Conservation
How many of you think that there are certain mandatory training requirements each year? How many think that there are not any mandatory training requirements but do conduct some kind of required training?
Different OSHA Standards 1903 Inspections, Citations AND Proposed Penalties 1904 Recording and Reporting Occupational Injuries and illness 1910 General Industrial 1926 Construction
Horizontal and Vertical Standards Some standards are horizontal meaning “general”, or “across the board” Horizontal standards could apply to any employer in any industry Examples of horizontal standard: – Hazard Communication Standard – Walking and Working Surfaces
Horizontal and Vertical Standards Vertical standards are specific only to a particular industry: – Pulp, paper, and paperboard mills (1910.261) – Textiles (1910.262) – Sawmills (1910.265) – Logging operations (1910.266) No Federal vertical standard for oil and gas well drilling or servicing
Voluntary Training Guidelines The Occupational Safety and Health Act of 1970: – “ does not address specifically the responsibility of the employers to provide health and safety information to employees”
;although Section 5(a)(2) does require that each employer”……shall comply with occupational safety and health standards promulgated under this Act”
General Industry Training Requirements 1910.181 – Derricks (material handling)Derricks (material handling) 1910.183 – Helicopters (for material handling)Helicopters (for material handling) 1910.184 – Slings (material handling)Slings (material handling) 1910.217 – Mechanical Power PressesMechanical Power Presses 1910.218 – Forging MachinesForging Machines 1910.252 – 1910.255 – Welding, Cutting and BrazingWelding, Cutting and Brazing 1910.261 - Pulp, Paper, and Paperboard MillsPulp, Paper, and Paperboard Mills 1910.262 – TextilesTextiles 1910.264 - Laundry Machinery and OperationsLaundry Machinery and Operations 1910.265 – SawmillsSawmills 1910.38 - Emergency Action PlansEmergency Action Plans 1910.39 - Fire Prevention PlansFire Prevention Plans 1910.66 - Powered Platforms for Building MaintenancePowered Platforms for Building Maintenance 1910.95 – Occupational Noise ExposureOccupational Noise Exposure 1910.106 – Flammable and Combustible LiquidsFlammable and Combustible Liquids 1910.109 - Explosive and Blasting AgentsExplosive and Blasting Agents 1910.124 - General Requirements for Dipping and Coating OperationsGeneral Requirements for Dipping and Coating Operations 1910.132 – Personal Protective EquipmentPersonal Protective Equipment 1910.134 – Respiratory ProtectionRespiratory Protection 1910.142 - Temporary Labor CampsTemporary Labor Camps 1910.145 - Specifications for Accident Prevention Signs and TagsSpecifications for Accident Prevention Signs and Tags 1910.146 – Permit Required Confined SpacesPermit Required Confined Spaces 1910.147 – The Control of Hazardous Energy (lockout-Tagout)The Control of Hazardous Energy (lockout-Tagout) 1910.151 - Medical Services and First-AidMedical Services and First-Aid 1910.155 – 1910.165 – Fire Protection (includes portable fire extinguishers) Fire Protection (includes portable fire extinguishers) 1910.177 - Servicing of Multi-Piece and Single- Piece Rim WheelsServicing of Multi-Piece and Single- Piece Rim Wheels 1910.178 – Powered Industrial Trucks (forklift operator training) Powered Industrial Trucks (forklift operator training) 1910.179 – Overhead and Gantry CranesOverhead and Gantry Cranes 1910.180 – Crawler, Locomotives and Truck CranesCrawler, Locomotives and Truck Cranes
General Industry Training Requirements, cont……… 1910.266 – Logging OperationsLogging Operations 1910.268 – TelecommunicationsTelecommunications 1910.269 - Electric Power Generation, Transmission, and DistributionElectric Power Generation, Transmission, and Distribution 1910.272 – Grain Handling FacilitiesGrain Handling Facilities 1910.332 – 1910.333 – Electrical Safety Related Work PracticesElectrical Safety Related Work Practices 1910.410 – 1910.440 - Commercial Diving OperationsCommercial Diving Operations 1910.1000 – Toxic and Hazardous SubstancesToxic and Hazardous Substances 1910.1001 – AsbestosAsbestos 1910.1003 – 1910.1016 – Thirteen CarcinogensThirteen Carcinogens 1910.1017 – Vinyl ChlorideVinyl Chloride 1910.1018 – Inorganic ArsenicInorganic Arsenic 1910.1020 - Access to Employee Exposure and Medical RecordsAccess to Employee Exposure and Medical Records 1910.1025 – LeadLead 1910.1026 - Chromium (VI)Chromium (VI) 1910.1027 – CadmiumCadmium 1910.1028 – BenzeneBenzene 1910.1029 - Coke Oven EmissionsCoke Oven Emissions 1910.1030 – Bloodborne PathogensBloodborne Pathogens 1910.1043 – Cotton DustCotton Dust 1910.1044 - 1,2-Dibromo-3-Chloropropane1,2-Dibromo-3-Chloropropane 1910.1045 - Acrylonitrile (Vinyl Cyanide)Acrylonitrile (Vinyl Cyanide) 1910.1047 - Ethylene OxideEthylene Oxide 1910.1048 – FormaldehydeFormaldehyde 1910.1050 – MethylenedianilineMethylenedianiline 1910.1051 - 1,3-Butadiene1,3-Butadiene 1910.1052 - Methylene ChlorideMethylene Chloride 1910.1096 – Ionizing RadiationIonizing Radiation 1910.1200 – Hazard CommunicationHazard Communication 1910.1450 - Occupational Exposure to Hazardous Chemicals in LaboratoriesOccupational Exposure to Hazardous Chemicals in Laboratories ADMINISTRATIVE REQUIREMENTS 1903.2 - Posting of Notice; Availability of the Act, Regulations and Applicable Standards 1903.2 - Posting of Notice; Availability of the Act, Regulations and Applicable Standards 1904.35 - Injury and Illness Recordkeeping Requirements - Employee InvolvementInjury and Illness Recordkeeping Requirements - Employee Involvement
OSHA Guidelines A. Determining if Training is Needed B. Identifying Training Needs C. Identifying Goals and Objectives D. Developing Learning Activities E. Conducting the Training F. Evaluating Program Effectiveness G. Improving the Program
Is Training the Solution? Some experts believe that training should only be provided after all other performance issues have been addressed. As you evaluate the potential hazards during your worksite analysis, try to determine if any other issues could be contributing to the performance problem before choosing training as the solution.
Identifying If Training is Needed: Your worksite analysis, may help you discover additional areas where training will be beneficial. Accident investigation of a hand injury may show that the employee had not been properly trained in lockout / Tagout procedures. Self-inspection may show that employees were working in confined spaces without having received any training in this area. A JHA may show that employees are improperly lifting boxes because they have not been trained in proper lifting techniques.
Job Hazard Analysis “JHA” Not required by Federal OSHA – But, employers are required to take necessary steps to ensure safety. 1910.132 (d) (2): The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment. – Some state may require/accept it as part of an I2P2, IIPP or similar “safety program” requirement
Breaking Down the Term “JHA” Job = tasks (changing a light bulb, chocking a trailer, grinding a part) Hazard = caught-in, struck-by, chemical, ergonomic … anything that can cause harm Analysis = Talking with operators, watching job being performed, breaking down into steps, identifying hazards, implementing controls
Risk Management is Managing Risk What is the tolerance for risk ? – Accept low risk Cost of risk low Consequences of risk low Duration of the risk – Can not accept risk Frequency is high Consequences high Costs are high
Direct Costs of Injuries and Illnesses Direct costs of the most disabling workplace injuries in the U.S. averaged $47.6 billion per year between 1998 and 2008
Consequences LikelihoodSevere (1) Major (2) Medium (3) Minor (4) Negligible (5) Almost certain (A) EHHMM Likely (B) HHMML Possible (C) HMMLL Unlikely (D) MMLLT Rare (E) MLLTT
Extreme Risk – Immediate action required; this level of risk need detailed research and planning by senior management. High Risk – Action plan is required as soon as practicable by senior management Moderate risk – Action plan is required by Area/Department Manager Low risk – Managed by routine procedures and employees under supervision Trivial risk – Unlikely to need specific application of resources
Some Industries Horizontal Standards Requirements for Every Business Basic Safety Training Personal Protective Equipment Emergency Action Plan Fire Prevention Hazard Communication Exit Routes Walking/Working Surfaces Medical and First Aid Injury/Illness Reporting Bloodborne Pathogens Additional Requirements for High Risk, Construction, and Manufacturing Machine Guarding Lockout/Tagout Electrical Hazards Respirators Noise Protection Confined Spaces
IF TRAINING IS DONE………… Initial training is required before you start your job. Annual training is training that occurs every year for certain occupations including medical and environmental occupations. Special incremental training is training that occurs every other year or every three years, and potential hazard training is required when companies identify new hazards.
IF TRAINING IS DONE………… It must use both a language and vocabulary that the employee can understand. Requirements related to employee comprehension
Identifying Training Requirements Some standards might require different levels of training, depending on the worker's level of exposure to the hazard. Employees who actually perform the work would need extensive training; other employees may just need to know that the hazard exists Multiple levels of training may be explicitly stated.
Training Requirements? OSHA explicitly require the employer to train employees in the safety and health aspects of their jobs. Others limit certain job assignments to employees who are “certified”, “competent” or “qualified”
Terminology Certified Certified A “Certified” person is authoritatively or officially attested or confirmed as being genuine or true as represented, or as complying or meeting specified requirements or standards. It may or may not mean as being accompanied by a certificate. Competent The term “competent person” is used in many Occupational Safety and Health Administration (OSHA) standards and documents. An OSHA “competent person” is defined as “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them”. Qualified Qualified A qualified person is one who, by possession of a 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 subject matter, the work, or the project.
Designated Person The term “designated” personnel means employees selected or assigned by the employer or the employer’s representative as being qualified to perform specific duties. Terminology Continued…… The Lockout/Tagout standard distinguishes between "authorized employee training", "affected employee training" and "all other employee training". Authorized employee training is for workers who perform maintenance on equipment. Affected employee training is for workers whose job may require regular use of the equipment but not involve maintenance or repair on it. All other employee training is for workers whose work operations are or may be in an area where lockout/Tagout is utilized
Is Training the Solution? Training is an appropriate solution to performance problems when there is a deficiency of knowledge or skills. Suppose your company experiences safety performance problems such as employees working with guards removed from machinery or not wearing the proper personal protective equipment (PPE). Company pressure to work too quickly or improper sizing of PPE may be the underlying causes of these behaviors, not lack of knowledge.
Document, Document, Document… Document all training for proof of training. – Although not required by standard, must prove that the worker understands the training Records need to be kept for at least one year to show current training. OSHA Logs Form 300 must be kept for five years following the year to which they pertain.
Can You Name the For Basic Areas That OSHA requires Witten Documentation? 1. Safety Program 2. Documenting of Hazard Assessment 3. Maintaining of Training Records 4. Certification of Training Given to Employees
Conditions must be met for OSHA to issue: – The hazard was recognized – The employer failed to keep the workplace free of hazard to which his or her employees were exposed – A feasible and useful method was available to correct the hazard – The hazard was causing or likely to cause death or serious injury. GENERAL DUTY CLAUSE
Summary Training is voluntary and OSHA does not intend to make the guidelines mandatory – OSHA encourages a personalized approach to the informational and instructional programs at individual worksites, thereby enabling employers to provide the training that is most needed and applicable to local worksites Must Determine if training is needed and Identifying what training pertains to them
Summary Cont…………… The adequacy of employee training may also become an issue in contested cases where the affirmative defense of unpreventable employee misconduct is raised. Documentation is key to proof of training and its effectiveness If not a defined OSHA hazard it can still fall under the General Duty Clause Not the end….but the beginning of SAFETY