1. Compliance Assistance Specialist American Water Works Association
Courtney W. Bohannon
Compliance Assistance Specialist
American Water Works Association

2. Why is OSHA Important to You?
OSHA began because, until 1970, there were no national laws for safety and health hazards.
On average, 12 workers die every day from job injuries
Over 5,600 Americans die from workplace injuries annually
Over 4 million non-fatal workplace injuries and illnesses are reported

3. History of OSHA
OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor
OSHA’s responsibility is worker safety and health protection
On December 29, 1970, President Nixon signed the OSH Act
This Act created OSHA, the agency, which formally came into being on April 28, 1971

4. OSHA’s Mission
The mission of OSHA is to save lives, prevent injuries and protect the health of America’s workers.
Some of the things OSHA does to carry out its mission are:
developing job safety and health standards and enforcing them through worksite inspections,
maintaining a reporting and recordkeeping system to keep track of job-related injuries and illnesses, and
providing training programs to increase knowledge about occupational safety and health.

5. Who is covered by the OSH Act?
Most private sector employees
Coverage is provided directly by federal OSHA or through an OSHA-approved state program
OSH Act does not apply where other Federal agencies exercise authority over occupational safety and health
In Mississippi OSHA does not cover city, county and state employees.
State plans are OSHA-approved job safety and health programs operated by individual states instead of by federal OSHA. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are “at least as effective as” the federal OSHA program. States with approved plans cover most private sector employees as well as state and local government workers in the state.
Twenty-six states operate state plans. For more information on state plans, visit OSHA’s web site (
Also not covered by OSHA:
- Employees whose working conditions are regulated by other federal agencies. These include mine workers, certain truckers and rail workers, and atomic energy workers
- Public employees in state and local governments (except for states with approved plans) These include fire fighters, police, and other public servants.

6. Typical Questions Why did we show up on your jobsite?
How many inspectors do we have?
Do we give warnings
I’m an LLC, am I covered?
Am I covered if I don’t have any employees?
Am I covered if I contract out all work?

7. Fatality Reporting 601 - 965 - 4606. 1 - 800 - 321 - OSHA.
Must report within 8 hours.
Reports may be filed by calling:
OSHA.
Must talk to someone. Can not leave a message.
Failure to report a fatality or catastrophe can result in a $5, penalty.

8. Investigations
Phone/Fax
Onsite

9. Mississippi Data Conducted 558 Inspections
78% of Citations were serious
Serious citations averaged $1,939.00
4 Significant cases
Received 396 complaints
229 Investigated
109 Inspected

10. The creation of OSHA provided workers the right to a safe and healthful workplace.
Section 5(a)(1) of the OSH Act 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."

11. Employers must have a written, complete hazard communication program that includes information on:
Container labeling,
Material Safety Data Sheets (MSDSs), and
Worker training. The training must include the physical and health hazards of the chemicals and how workers can protect themselves; including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment.

12. OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses.
Workers have the right to review the current log, as well as the logs stored for the past 5 years.
Workers also have the right to view the annually posted summary of the injuries and illnesses (OSHA 300A).

13. Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith.
OSHA regulations [29CFR (c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.

15. Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow.
Some required training covers topics such as, lockout-tagout, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, along with a variety of other subjects.

16. Employer Responsibilities
Provide a workplace free from recognized hazards and comply with OSHA standards
Provide training required by OSHA standards
Keep records of injuries and illnesses
Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records
Not discriminate against workers who exercise their rights under the Act (Section 11(c))
Post OSHA citations and abatement verification notices
Provide and pay for PPE

17. How Are inspections Conducted
The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times.
OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger)
In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

18. Category of Inspection 1st Imminent Danger:
Priority
Category of Inspection
1st
Imminent Danger:
Reasonable certainty an immediate danger exists
2nd
Fatality/Catastrophe:
Reported to OSHA; inspected ASAP
3rd
Complaints/Referrals:
Worker or worker representative can file a complaint about a safety or health hazard
4th
Programmed Inspections:
Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

19. VIOLATION TYPE PENALTY WILLFUL
A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law.
OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation.
SERIOUS
A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard.
There is a mandatory penalty for serious violations which may be up to $7,000.
OTHER-THAN-SERIOUS
A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm.
OSHA may propose a penalty of up to $7,000 for each other-than-serious violation.
REPEATED
A violation that is the same or similar to a previous violation.
OSHA may propose penalties of up to $70,000 for each repeated violation.

20. Temporary Workers
"We are seeing untrained workers – many of them temporary workers – killed very soon after starting a new job. This must stop," said Michaels.
"Employers must train all employees, including temporary workers, on the hazards specific to that workplace – before they start working.

21. Distracted Drivers
Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job.
Year after year, the leading cause of worker deaths is motor vehicle crashes. Distracted driving dramatically increases the risk. To tackle this problem, the Department of Labor is partnering with the Department of Transportation to encourage employers to join us in combating distracted driving. Our initiative includes: an employer awareness campaign focusing on the great and growing danger of sending text messages while driving a distracted driving website for sharing information and strategies, including model employer policies a special emphasis on reaching young workers
an enforcement component: When OSHA receives a credible complaint that an employer requires texting while driving or who organizes work so that texting is a practical necessity, we will investigate and where necessary issue citations and penalties to end this practice. To all companies whose workers drive on the job, OSHA's message is straightforward: It is the employer's responsibility and legal obligation to have a clear, unequivocal and enforced policy against texting while driving.

22. Who is affected? Workers exposed to hot and humid conditions are at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions.
What is heat illness? The body normally cools itself by sweating. During hot weather, especially with high humidity, sweating isn't enough. Body temperature can rise to dangerous levels if precautions are not taken. Heat illnesses range from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke can result in death and requires immediate medical attention.
How can heat illness be prevented? Remember three simple words: water, rest, shade. Drinking water often, taking breaks, and limiting time in the heat can help prevent heat illness. Employers should include these prevention steps in worksite training and plans. Gradually build up to heavy work in hot conditions. This helps you build tolerance to the heat – or become acclimated. Employers should take steps that help workers become acclimated, especially workers who are new to working outdoors in the heat or have been away from work for a week or more. Gradually increase workloads and allow more frequent breaks during the first week of work. Also, it’s important to know and look out for the symptoms of heat illness in yourself and others during hot weather. Plan for an emergency and know what to do — acting quickly can save lives!

23. When you're working in the heat, safety comes first
When you're working in the heat, safety comes first. With the OSHA Heat Safety Tool, you have vital safety information available whenever and wherever you need it — right on your mobile phone.
The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple "click," you can get reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness—reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness.
Stay informed and safe in the heat, check your risk level.

24. Excavation Review

25. Excavation Hazards Cave-ins are the greatest risk
Other hazards include:
Asphyxiation due to lack of oxygen
Inhalation of toxic materials
Fire
Moving machinery near the edge of the excavation can cause a collapse
Accidental severing of underground utility lines
Instructor note: OSHA Standard Exemptions:
House foundation/basement excavations (including those that become trenches by definition when formwork, foundations, or walls are constructed) are exempt from the OSHA standard. The specific information regarding the interpretation of this exemption may be found on the OSHA public web site. Reference 29 CFR
The exemption specifies height and width for the excavation, impact of water and environmental conditions, soil and equipment factors, and operation of heavy equipment in the vicinity.

26. Myth or Reality
If I am working in a trench less than 5 feet in depth, I don’t need to worry about cave-in protection?

27. Injury and Death
Excavating is one of the most hazardous construction operations
Most accidents occur in trenches 5-15 feet deep
There is usually no warning before a cave-in

28. Cave-in Hazard
This excavation has inadequate support posts and egress access
Reference (a) and (c)(1)
Designs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2), but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendix D.
Employees exposed to potential cave-ins must be protected by sloping or benching the sides of the excavation, by supporting the sides of the excavation, or by placing a shield between the side of the excavation and the work area.
1926 Subpart P Appendix D Aluminum Hydraulic Shoring for Trenches
Contains information that can be used when aluminum hydraulic shoring is provided as a method of protection against cave-ins in trenches that are not more than 20 feet deep.
Inadequate protective system

29. Inadequate Protective System
This worker is in a trench with no protective system, that is not sloped or benched and has no means of egress
Reference (a) and (b) and (c)

30. Trenching Fatality
“We could not use the trench box because the trench was not straight!”
Employer had 2 trench boxes across the street. Trench located alongside frequently traveled road. Previously disturbed soil. Clay. Excuses used during inspection:
- That soil is hard and it would never cave in.
- We were fixin’ to install the box (layed 3-4 sections of 13’ pipe in the process of laying 4-5)

31. 5 Days Before Christmas!
“But he was only going to be down there for 5 minutes!”

32. Underground Utilities
The estimated location of utilities shall be determined prior to the start of excavation work.
Utility owners shall be contacted in order to determine the exact location of the utilities.
Underground utilities shall be protected or removed to safeguard employees.

33. Access Designed by competent person < 25’ from employees
Structural ramps shall be designed by a competent person.
Safe means of egress located not more than 25 feet from employees.

34. Access and Egress Reference 1926.651(c) and 1926.1053 (ladder)
These two ladders which are lashed together are not an adequate means of egress
The ladder should extend 3 feet above the top of the excavation

35. Public Vehicular Traffic
Employees exposed to vehicular traffic shall be provided with and shall wear warning vests or other suitable garments marked with or made of reflective or high-visibility material.

36. Falling Loads
No employee shall be permitted underneath loads handled by digging or lifting equipment.

37. Competent Person
A person 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 correction measures to eliminate them.

38. Competent Person Soils classification The use of protective systems
Must have had specific training in and be knowledgeable about:
Soils classification
The use of protective systems
The requirements of the standard
Must be capable of identifying hazards, and authorized to immediately eliminate hazards
Reference (b) "Competent person"
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.
Preamble Page – “Competent Person”
The term is used throughout existing subpart P, but was not defined within the subpart, and there were no references to the existing definition in subpart C, in the proposal, OSHA added the definition to subpart P to help those using the standard.

39. Hazardous Conditions
The weight and vibrations of the crane make this a very hazardous condition.
They should not be working under this crane.
In addition to the unprotected trench, a cave-in hazard is increased by machinery which gets too close.
Even normal vehicular traffic, such as that along an adjacent interstate or road through an industrial part may impact an excavation. The vibrations from continuous or heavy traffic may undermine the soil and cause a cave-in.

40. Spoils Don’t place spoils within 2 feet from edge of excavation
Measure from nearest part of the spoil to the excavation edge
Place spoils so rainwater runs away from the excavation
Place spoil well away from the excavation
Reference (j)(2)
Protect employees from materials or equipment that could fall or roll into excavations.
You may also use retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations

41. The inspection was due to a double fatality that occurred at approximately 9:30 AM at a State Park when a trench dug to lay sewer pipe caved-in. The victims, were laying pipe in the trench when an approximately 15 foot section of the east wall caved-in. The dimensions of the trench ranged from 7.4 to 9.6 feet deep, 4 to 5 feet wide and over 50 feet long with vertical walls.
The egregious violation is based on violations of (a)(1) for not providing cave-in protection for employees working in trenches 7 feet to 14 feet deep. The multiplier for the egregious violation is four based on the number of employees exposed to the cave-in hazard. A week prior to the fatal cave-in a wall of a trench at another location collapsed resulting in one employee running to escape the moving earth.

42. Inspections of Excavations
A competent person must make daily inspections of excavations, areas around them and protective systems:
Before work starts and as needed,
After rainstorms, high winds or other occurrence which may increase hazards, and
When you can reasonably anticipate an employee will be exposed to hazards.
Reference (k)
Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.

43. Inspections of Excavations
If the competent person finds evidence of a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions:
Exposed employees must be removed from the hazardous area
Employees may not return until the necessary precautions have been taken
Reference (k)
(2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.

44. Daily inspections shall be made by a competent person prior to the start of work, and as needed.
Competent person shall remove employees from the trench when hazardous situations exist.

45. Site Evaluation Planning
Before beginning excavation:
Evaluate soil conditions
Construct protective systems
Test for low oxygen, hazardous fumes and toxic gases
Provide safe in and out access
Contact utilities
Determine the safety equipment needed
The following concerns must be addressed by a competent person:
Evaluate soil conditions [1926 Subpart P Appendix A] and select appropriate protective systems [1926 Subpart P Appendix F].
Construct protective systems in accordance with the standard requirements [ ].
Preplan; contact utilities (gas, electric) to locate underground lines, plan for traffic control if necessary, determine proximity to structures that could affect choice of protective system.
Test for low oxygen, hazardous fumes and toxic gases, especially when gasoline engine-driven equipment is running, or the dirt has been contaminated by leaking lines or storage tanks. Insure adequate ventilation or respiratory protection if necessary.
Provide safe access into and out of the excavation.
Provide appropriate protections if water accumulation is a problem.
Inspect the site daily at the start of each shift, following a rainstorm, or after any other hazard-increasing event.
Keep excavations open the minimum amount of time needed to complete operations.
Surface crossing of trenches should not be made unless absolutely necessary. However, if necessary, they are only permitted under the following conditions:
-- Vehicle crossings must be designed by and installed under the supervision of a registered professional engineer.
-- Walkways or bridges must:
-- have a minimum clear width of 20 inches,
-- be fitted with standard rails, and
-- extend a minimum of 24 inches past the surface edge of the trench.

46. http://www.buildsafe .org/

48. Courtney W. Bohannon USDOL – OSHA Jackson Area Office
100 W. Capitol Street
Suite 749
Jackson, MS
ext. 2035