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OSHA in the Cleaning Industry John M. Poole, Jr., Master REH, RBSM, I.C.E I.C.E. Assessor Authorized OSHA Outreach Trainer
“Every day when you wake up the world has changed. Your job is to figure out how, and what you’re going to do about it.” Unknown
Question’s to consider What is it we need to understand regarding safety? Are we practicing safe work habits currently ? How much time a month is devoted to safety? What do you perceive to be the objections to safety? How can you improve on safety at your job site? Do you have upper management support? What could you change about your safety planning and training in your workplace?
Our Focus Will be to examine how the codified regulations apply to us in the cleaning industry. Review parts of the regulations that are especially important to us. Implementation of a safety plan. Accident Investigation. What is our plan. Training thoughts. Point of reference to consider.
Historical Background Industrial Evolution. Rail roads and Mining. Principal industries driving the labor market. Was Safety a concern then? Expendability of the Human asset. Triangle Shirtwaist Factory Fire-March 25,1911
Triangle Shirtwaist Factory Fire Statistics Date: March 25,1911 Time: Saturday, 4:40 PM Location: Asch Building, 23-29 Washington Place Manhattan, New York Injured: 71 Deaths: 146 (Oldest was 48 – youngest 11) Total employed : 500 Cause was a cigarette match accidentally discarded beneath a table of scrap material.
Triangle Factory Owners were indicted by a grand jury on April 11 th on seven counts of manslaughter in the second degree, which mandated that the doors should not be locked during working hours. On December 27 th, the jury acquitted Max Blanck and Isaac Harris of any wrong doing. The jury was persuaded by a defense attorney Max Steuer by planting doubt into their mind that the owners knew that the doors was locked. The survivors testified of their inability to open the only doors to the escape routes. The other exit was already engulfed in fire.
Aftermath Triangle Fire March 11,1914, Harris and Blanck settled. They paid $75.00 per life lost. They received $460.00 more than the reported losses, or about $400.00 per life August 1913, Max Blanck was again charged with locking the doors of his factory during work hours. Was fined $20.00 and the Judge apologized for this imposition.
Neglect of the Human Factor From Triangle Fire Reports from the Investigation: “The neglect of the Human Factor we have found many preventable defects. Such a large number of workshops with inadequate light, with no ventilation, water supply, toilet accommodations, dressing rooms, etc..The elimination of such dangerous elements would stop misery caused by the occupational diseases in certain industries.”
Attitude Rose Schneiderman, prominent social and union activist gave a talk April 2, 1911. Her closing statement to the audience was; She states:“ I can’t talk fellowship to you who are gathered here. Too much blood has been spilled. I know from my experience it is up to the working people to save themselves. The only way they can save themselves is by a strong working- class movement.”
So why do we have OSHA? Historical evidence suggestions. Value of the Human Asset. What drives the business enterprise? Profit. The input of Labor Unions. Better conditions. 1960’s economic expansion led to rise in injury rates. 1970 Williams- Steiger - Occupational Safety and Health Act was signed into Law creating OSHA.
Murphy’s Law “If Everything seems to be going well, You have obviously overlooked something.”
General Duty Clause Section 5 (a): Subpart (1): Each employer shall furnish to each employee employment and a place which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee. Subpart(2): The employer Shall comply with occupational safety and health standards promulgated under this act.
General Duty Clause This Clause places additional responsibilities on the Employer and safety manager to ensure that a safe work environment is provided to all employees. Through the General Duty Clause, OSHA can issue a citation if they feel that additional safety equipment or procedures are necessary beyond what is requires in an OSHA Standard.
General Duty Clause Part B: Each Employee Shall comply with the occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to HIS Own actions and conduct.
The Top Violations October 2010-September 2011 SIC #7349 Hazard Communication: 59 citations General Requirements:57 citations Respiratory protection: 56 citations Vehicle mounted elevated platforms: 37 citations Bloodboure Pathogens: 25 citations Guarding floor/wall openings: 17 citations Eye and face protection: 11 citations
Citation Expense So what’s the costs? SIC 7349 from 10/2010 to 9/2011. The total was : $748,118 Hazard Communication $40,238 General Requirements $107,283 Respiratory Protection $ 26,641 Vehicle mounted elevating and rotation platforms $80,409 Bloodbourne Pathogens $17,039 General Duty Clause $68,810 Guarding Floors $44,259 Eye and face protection $13,856
Penalty Violations* Other-Than-Serious-Violation- $0 to $1,000. Has direct relationship to job safety and health but would not cause death or serious injury. Serious Violation- $1,500- $7,000 substantial probability of death of serious injury may occur Willful Violation $5,000to $70,000 for each. The Employer intentionally and knowingly commits. * An Employer who is convicted in a criminal proceeding of a willful violation that has resulted in a death of an employee may be fined $250,000 or $500,000,if a Corporation Includes a 6 month prison sentence. Seconds conviction this is doubled. Repeated Violation-Within 3 years, up to $70,00 for each violation. OSHA can adjusts the initial penalty for the size in multiples of 2,5 or 10 depending on the size of the business. Failure to Abate- $7,000 per day with a civil penalty. Falsifying records, reports, applications, etc. upon conviction is a $10,000 or 6 months in jail or both. Violation posting requirements may bring a civil penalty of $7,000 Assaulting, resisting, intimidation, interference a CSHO $5,000 and 3 years.
Remember! Murphy says: Left to themselves…. Things tend to go from Bad to Worse So continually ask yourself: >Where are we going in our training? >What is my role in getting us compliant? >How am I doing managing the safety component?
Primary Components of the CFR As to the Cleaning Industry: Section 5(a)1- General Duty Clause Subpart A- General Safety and Health Standards. Subpart D- Walking and Working Surfaces Subpart E- Exit and Emergency Planning Subpart G- Occupational Health and Environmental Control Subpart H- Hazardous Materials Subpart I- Personal Protective Equipment Subpart J- General Environmental Controls Subpart K -Medical and First Aid Subpart L- Fire Protection Subpart O- Machine and Machine Guards Subpart P- Hand Tools, Portable Powered. Subpart S- Electrical
Primary Components of the CFR Subpart Z-Toxic and Hazardous Substances. Bloodboure Pathogens Hazard Communication (Right –To-Know) Occupational Exposure to hazardous chemicals in laboratories I want to emphasize: General Health and Safety Standards, Subpart A-1910.9(b): Compliance Duties owed to each employee: “ The employer must train each affected employee in the manner required by the standard. Each failure to train an employee may be considered a separate violation.” An employer has the responsibility to train in a manner that employees can understand. The language and vocabulary that an employee understands must be used.
Subpart D Walking-Working Surfaces 1910.22 General requirements: (a)(1)All places of employment, passageways, storerooms, and service rooms shall be kept clean and orderly and in a sanitary condition. (2) The Floor of every workroom, shall be maintained in a clean and so as possible,a dry condition. Where wet processes are used drainage shall be maintained, and false floors, platforms, mats, or other dry standing places should be provided where practical.
Subpart D Walking-Working Surfaces 1910.22(a) (3) To facilitate cleaning, every floor, working place, and passageway shall be kept free from protruding nails, splinters, holes or loose boards. 1910.22 (b): Aisles and passageways: (1): Where mechanical equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways, and wherever turns or passages must be made.
Subpart D Walking-Working Surfaces 1910.22(2) (1) CONT’D: Aisles and passageways shall be kept clear and in good repairs, with no obstruction across, or in aisles that could create a hazard.
Incident-Subpart D Atlanta journal and constitution, Saturday,Aug.18,2007: “Woman wins $2.7 million verdict from Kroger for fall.”: A Gwinnett County jury awarded a woman and her family $2.7 million as a result of a fall in a Kroger store in Fayetteville. The fall occurred June 7, 2008 as the 27 year old woman was walking through Kroger store #490.The woman slipped and fell on a puddle of liquid near a refrigerated cooler. She injured her right wrist and developed a chronic condition called Complex Regional Pain Syndrome. Kroger maintained it was not responsible.
Bloodborne Pathogens 1910.1030(d) (4) Housekeeping: (i) General: Employers shall ensure that the worksite is maintained in a clean and sanitary condition. The employer shall determine an implement an appropriate Written schedule for cleaning and method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present and tasks or procedures being performed in the area.
Bloodborne Pathogens 1910.1030 (d) (ii) All equipment and environmental and working surfaces shall be cleaned and decontaminated after contact with blood or (OPIM) Other Potentially Infectious Materials. (ii) : Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of procedures: immediately or as soon as feasible….. Develop exposure control plans Records to be kept for 30 years plus the duration of employment
Bloodborne Pathogen continued Training:[1910.1030(g)(2)]: (i) The employer shall train each employee with occupational exposure in accordance with the requirements of this section. Training is provided at no cost to the employee. The employer shall institute a training program and ensure employee participation in the program. (ii): [A]Training shall be provided as follows: at the time of initial assignment to tasks where occupational exposure may take place.[B] at least annually thereafter.
Bloodborne Pathogens Medical Records 1910.1030(h)(1)(ii): The records shall include: (A): Name and social security number of the employee (B): A copy of the Hepatitis vaccination status (C):A copy of all results of examinations, medical testing. (D):employers copy of healthcare professionals written opinion. (E): copy of information provided by the healthcare provider.
Bloodborne Pathogens Training Records 1910.1030(h)(2): Training records shall include : [A]: The dates of the training [B]: The contents or summary of the training session. [C]: The names and qualifications of persons conducting the training [D]: Names and job titles of all persons attending the training sessions. (ii) training records shall be kept for 3 years from date of training
SubPart S Electrical Safety Exposures to electricity. Repairs of equipment. Qualified person? Reverse Polarity in wiring Repairs of extension chords Working around electrical panels or wall outlets Stripping or scrubbing floors Changing lamps Using extension cords.
Subpart S :Electrical Keeping areas in front of electrical panels clear of equipment.1910.303(g). You must be able to open panel doors. Depth of the area in front of the panel needs to be clear from 3’ to 12’. 1920.304(b) (3): Extension cords GFCI are required for certain branch circuits and receptacle outlets. An extension cord is considered a receptacle and a flexible cord and cable. It is considered “best practice” to issue to require portable GFCIs when employees are extension cords and other temporary wiring.
Subpart S You may have observed an extension cord in use as a permanent solution. Well if you see this or if you are doing this practice, it is a clear violation of 1910.305(g)(1)(iii). Extension cords are only permitted to provide maintenance(temporary). You can repair an extension cord. “ The wiring of the completed assembly must be inspected by a qualified person before the cord is used. Also a flexible cord must only be used in continuous lengths without a splice or tap.
Subpart S -Electrical If you are in a Laboratory be mindful of: Class I- Flammable gases or vapors in the air. Class II- Combustible dust. Class III- easily ignitable fibers and flyings Electrical equipment(energized) can arc or spark ; High Temperatures; and Electrical equipment failure.
Subpart S -Electrical 1910.332(b)(1)- Training ;Employees must be trained in and familiar with the safety related work practices required by 1920.331-.335 “That pertain to their respective job assignments.” Training requirements are in three categories: Qualified employees who work on equipment Unqualified employees who work around equipment and may face a risk of electrical contact. Unqualified employees who face a low risk of electrical hazards.
Emergency Action Plans-CFR 1910.38 (b):“ An emergency action plan must be in writing, kept in the work place, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.” (c)At a minimum the action plan must have: Procedures for reporting a fire or other emergency Procedures for evacuation plan, type of evacuation, and exit routes Procedures to account for all employees.
Emergency Action Plans 1910.38 (c):Minimums required: Procedures employees must follow performing rescue or medical duties. The name or job title of every employee who may be contacted by employees who need more information. (e)Training: An employer must designate and train employees to assist in a safe an orderly evacuation of other employees. (f) Review: If you have a new employee, there are any changes to the plan, or when an employees responsibility changes.
Subpart K; Medical and First Aid 1910.151: (b): In the absence of an infirmary, clinic, or hospital, in near proximity to the workplace, which is used for the treatment of all injured employees, a person or person shall be adequately trained to render first aid. Adequate first aid supplies shall be available. (c): Where the eyes or body of any person to be exposed to injurious corrosive materials. Suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.
Interpretive Thoughts,” it is the employers responsibility to determine which job classification or specific tasks and procedures involve occupational exposure.” “If OSHA determines, on a case by case basis, that sufficient evidence of reasonable anticipated exposure exists the employer will be held responsible for providing the protection afforded by the coded federal regulations to the employee with occupational exposure.” From a Letter ruling: Bloodbourne Pathogen 6/1/1992
Murphy Says “If there is a possibility of several things going wrong, the one that will cause the most damage will be the one to go wrong.”
Operational Safety Organize yourself through the performance of a Job Safety Analysis at your site. Begin by a review all of your previous accidents and injury reports. Examine these facts. Ask your employees to describe their jobs and their training needs. Have them participate. Get the Buy-in! Observe employees at work. What are their exposures?
Operational Safety Job Hazard Analysis: A job hazard analysis is a way to focus on job tasks as a way to identify hazards before they occur. The focus is on the worker, the task being performed, the tools involved, and the work environment. As stated earlier begin with the your accident /injury reports. Jobs with the Highest accident/injury rate. Jobs that have the potential to cause severe disability or injury, even if this has not been experienced. Look to your job classifications. Job’s that are new to your organization or complex.
Job Safety(Hazard) Analysis After these are assembled you will be able to identify hazards in the cleaning processes you are using. Team or assignment cleaners. You effort in observing the work is critical. Regardless of the job being routine, non-routine or special. You may even find a better way to do the job. Save time which converts to $$ dollars. Ask : What can go wrong? What are the consequences? How could it happen? What are the contributing factors? Events happening too fast, ie.wet floors, falling objects.
Analysis Some jobs can be broken down into steps of process. List the steps, in order of occurrence. Describe the action by the cleaner as they perform the steps. Try not to be complicated. After recording the data look at the potential risk. Reaching into a trash container :(needle stick, laceration). Cord across a doorway: (trip) Ask how can you avoid the risk by determining if the job can be performed in a way to eliminate the hazard, PPE, Workplace control/engineering.
Data Utilization The job classification is established, their associated risk has been determined by audit, observation, and knowledge. Ask: can the task be avoided, or engineered to be mitigated through personal protective equipment, or other workplace practices. Finally, your training must reflect how to effectively avoid or eliminate the exposure. If you cannot avoid exposure your management should be informed of the circumstance.
Training A good source is your Vendors. They can be a good third party to use in your training curriculum. From your analysis explain the exposures to the cleaners. They have a right to know. Be certain they understand training is mandatory and the procedures taught from the training are to be followed. You must be firm here. Safety can be undermined by your actions or lack of discipline. Remember: Subpart b: “General Duty Clause”.
Training In your meeting talk about what matters. Keep the focus. Actionable communication. Make exposures,not outcomes the major theme. “ How you communicate is just as important as what you communicate. Use optimistic language, challenge old ideas,, coach others and be constructive as to what you say.” From Safety and Health : June 2012 Dan Martin- V.P.,BST consulting
YOU… make the difference “ Be the change you wish to see in others.” Mahatma Gandhi “To remain personally and professionally competent with your global environment, it is imperative that you take responsibility for personal leanings. This is the competitive weapon of choice.” John Butler ~ author
Competent Person “A competent person should be able to identify hazards associated with a particular operation, and can mitigate those hazards.” This standard is taken from the construction regulations CFR 1926. However, we need to transcend some here because we have some similar operations. This I interpret to mean, we all need to develop a competency in the entire process. By understanding what is occurring we can identify hazards and risks quickly.
Training Ideas Formalized training with a question and answer session. Demonstrations: this is where you can use your vendors to assist you. This is powerful in engaging the cleaner. Coaching: the goal is to improve the cleaner’s performance. You or the supervisor or veteran employee can be part of this training. The key is engaging the cleaner and teaching the skill or knowledge.
Suggestions in Training Know your subject. Communicate in a manner that everyone understands what you are trying to teach. Question and Answer. Encourage questions! Observe the cleaner working. Are they following the prescribed processes. Use test to drive the information home. Even if it is opened discussion about the questions. Make them engage and speak. Document your Training with sign in sheets, giving the name, date, location and time of training.
Accident Defined “ The final event in an unplanned process that results in injury or illness to an employee /customer and possibly damage to property. Why investigate: To save lives, prevent future injury or illness, prevent damage to property, to save money.
Accident Investigation Do you have a Written Plan of how to conduct an accident investigation? Proper response or “Keystone Cops”. Communicate the Plan. Explain how the investigation is going to be handled. Imperative that you reassure staff you are finding blame, but the causation. People must feel secure in giving the report. Do you have an Accident Kit? Digital camera, gloves, tape, forms, tape measure. Use of a tape recorder ONLY with Permission.
6 STEPS Implement Solutions Recommend improvementsWrite report Analyze the facts Develop event sequenceDetermine causes Gather information Preserve and document the sceneCollect facts through interviews
Gathering The Facts I suggest that as soon a possible separate your witnesses. You do want a collaborative answer to your questions. Memory fails or is altered over time. Ask Open Ended Questions. It is important not to put the person in a defensive position, especially if they could be the principal party to the accident. See the scene. Look at the scene and compare the facts given to you. Look from all angles. Contributing factors present.
Interviewing Do Not “Lead the Question” toward a conclusion. Let the interviews go their own course. Make certain they understand the question. Have a place to conduct the interviews. Keep private so others will not be able to interrupt or input events they may or may not have observed. Find out what was happening in the area prior to the accident, during the accident and after the accident.
Notifications Who to notify? Human Resource Office, Immediate Supervisor, Family. Who contacts emergency service’s? Police, Fire/ EMT’s. Who conducts the investigation, if not you? What Training does an investigator need? Who receives the accident reports and who acts on the report? Timetable for the investigation and follow-up.
The Sequence of Events Describe what happened in detail and to whom or what was injured or damaged. Paint a clear picture of what happened.. You need to be able to describe so that unfamiliar people can see what happened. Do not be vague or too general. Be specific as best you can given the facts. What was said before and after the event. Who was involved.
Broad Causes of Accidents Inadequate training No discipline procedures No orientation process No accountability policy Inadequate labeling No Inspection policy
Practice What You Preach A court decision was handed down,7/2009: “an employer can be charged with constructive knowledge of a safety violation that supervisory employees know or should reasonably know about.” Which means: You have a responsibility to make sure employees are complying with safety procedures taught in training.
Global Harmonization The GHS updated the HAZARD Communication Standard by incorporating the United Nations ‘Global Harmonized System of Classification and labeling of Chemicals’ Points: Classification of Chemicals under the new system is data driven, providing a more harmonized results. The updated rule will require all Labels and Safety Data Sheets to have the same format.
GHS continued All labels are standardized with the same information being shown in the same place. The use of pictograms on Labels will be valuable to the employee in providing a visual reminder of hazards they are working with all the time. The SDS will have a 16 point format whereas the MSDA only had 8 point format. December 1,2013, employers will have to train employees on the new formats and labels.
Conclusion-Discussion You need a copy of the Codified Federal Regulations. Study this material. You need to learn safety. Be able to recognize the Hazards, the potential for a Lethal exposure Take a 10 hour Course. Tell your Upper Manager you can save money be reducing accidents, or possible exposures in the work place to occupants, and cleaner. They must be involved and support your efforts!
Final thought Who do we rely on to protect the Staff? How does training and education become the foundation of your work culture? Attitudes through all levels of an organization reflects the priority the company places on safety. A healthy workplace is one that positions safety as a Top Priority Year after Year.
Useful Websites OSHA: www.osha.govwww.osha.gov National Safety Management Society: www.NSMS.comwww.NSMS.com Business and Legal Resources: www.BLR.comwww.BLR.com Dept. of Labor: www.dol.govwww.dol.gov Manncom publishers: www. Manncom.com Nat’l. Pesticide Information Center: www:npic.orst.edu J.J.Keller and Co.: jjkeller.com
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