1. Presented By: John S. Hillard, CSP Risk Control Consultant jhillard@murrayins.com 717-606-5904 Mushroom Contractor Safety

2. Agenda 1.) Why this matters 2.) Multi-employer worksites 3.) Key safety programs 4.) Best practices 5.) Conclusion

3. Why Does This Matter? Purpose: 1.Employee Safety Your employees need a safe work environment The host employer and their employees deserve the same Injuries cost EVERYONE 2.Symbiotic Relationship All of the parts of this industry are intertwined and rely on each other If one sector has a problem, the whole industry has a problem 3.Increased Employee Complaint Inspections Recent increase in OSHA inspections related to employee complaints Safe workplaces should be a top priority Keeping OSHA happy should be a secondary priority

4. Multi-Employer Worksites What is a Multi-Employer Worksite:  Simply defined as a work site that has two or more employers  OSHA can and has cited more than one of the employers  Once a violation has been found: 1.Determines if an employer is a creating, exposing, correcting or controlling employer 2.Determines if the employer met or fell short of their obligations as a creating, exposing, correcting or controlling employer.  If both are true, the employer is open to citation  Important Note: Employers could be classified as more than one of these types.  So what does all of this mean…

5. Multi-Employer Worksites Creating Employer:  Employer who has allowed or caused a hazardous condition  Employer who creates the violation can be cited even if only employees of the other employer are exposed Example: 1.Contract employee is electrocuted on a conveyor that becomes energized. 2.The host employer did not provide a grounded electrical source. 3.The host employer could be considered a creating employer and would be open to a citation.

6. Multi-Employer Worksites Exposing Employer:  Employer whose employees are exposed to a hazardous condition  Citable if exposing employer had knowledge of or did not do due diligence to identify the hazardous condition; and  Failed to act within their authority to protect employees Example: 1.Contract employee is hospitalized after falling through an unguarded trap door opening. 2.The host employer did not guard the opening and the contractor did not request that it be guarded. 3.Both the host employer and contractor could be considered an exposing employer and could be cited.

7. Multi-Employer Worksites Correcting Employer:  Employer whose responsibility is to control or eliminate a hazardous condition.  Citable if due diligence is not provided to protect the employees of the correcting employer and/or the host employer Example: 1.Contractor is hired to fix a damaged electrical panel, contractor’s employee is hospitalized following an arc flash incident. 2.The host employer hired the contractor to repair the panel. 3.The contractor would be considered a correcting employer and could be cited.

8. Multi-Employer Worksites Controlling Employer:  Employer who is supervising the host site and has the power and authority to correct hazardous conditions  Citable if controlling employer did not exercise reasonable care to find and prevent hazardous conditions  Failed to act within their authority to protect employees Example: 1.A general contractor is hired to build a new packing room. A subcontractor’s employee falls to his death. The subcontractor’s employees have refused to wear fall protection equipment, but the general contractor allows this. 2.The general contractor would be considered a controlling employer and could be cited for failing to enforce fall protection.

9. Multi-Employer Worksites Multi-Employer Worksites:  Every employer should know which of these roles they fill.  There should be documentation outlining which role the outside employer will be fulfilling.  i.e. – Contract with a general contractor; emails outlining requested improvements to the host employer  Some OSHA standards require specific responsibilities: 1.Hazard Communication – §1910.1200(e)(2) 2.Lockout/Tagout – §1910.147(f)(2) 3.Confined Spaces – §1910.146(c)(8)

10. Key Safety Programs Hazard Communication: Hazard Communication – §1910.1200(e)(2) (e)(2) Employers who produce, use, or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed shall additionally ensure that the hazard communication programs developed and implemented to include the following: (e)(2)(i) The methods the employer will use to provide the other employer(s) on-site access to safety data sheets for each hazardous chemical the other employer(s)' employees may be exposed to while working; (e)(2)(ii) The methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies; and, (e)(2)(iii) The methods the employer will use to inform the other employer(s) of the labeling system used in the workplace.

11. Key Safety Programs Hazard Communication: Bottom Line: Host employer must outline: 1.How other employers on-site should give their employees access to Safety Data Sheets (SDS). 2.Any precautionary measures relevent to other employers performing work on-site (i.e. re-entry intervals to post-crop pesticides). 3.The chemical labeling system used at the work site.

12. Key Safety Programs Lockout/Tagout (LOTO): Lockout/Tagout – §1910.147(f)(2) (f)(2) Outside personnel (contractors, etc.). (f)(2)(i) Whenever outside servicing personnel are to be engaged in activities covered by the scope and application of this standard, the on-site employer and the outside employer shall inform each other of their respective lockout or tagout procedures. (f)(2)(ii) The on-site employer shall ensure that his/her employees understand and comply with the restrictions and prohibitions of the outside employer's energy control program.

13. Key Safety Programs Lockout/Tagout (LOTO): Bottom Line: 1.There should be a discussion with documentation outlining which role the outside employer will be fulfilling in terms of LOTO i.e. – Contract with a general contractor or email between you and the host employer

14. Key Safety Programs Confined Spaces: Confined Spaces – §1910.146(c)(8) & §1910.146(c)(9) (c)(8) When an employer (host employer) arranges to have employees of another employer (contractor) perform work that involves permit space entry, the host employer shall: (c)(8)(i) Inform the contractor that the workplace contains permit spaces and that permit space entry is allowed only through compliance with a permit space program meeting the requirements of this section; (c)(8)(ii) Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the space, that make the space in question a permit space; (c)(8)(iii) Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near permit spaces where contractor personnel will be working;

15. Key Safety Programs Confined Spaces (cont.): Confined Spaces – §1910.146(c)(8) (c)(8)(iv) Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by paragraph (d)(11) of this section; and (c)(8)(v) Debrief the contractor at the conclusion of the entry operations regarding the permit space program followed and regarding any hazards confronted or created in permit spaces during entry operations. (c)(9) In addition to complying with the permit space requirements that apply to all employers, each contractor who is retained to perform permit space entry operations shall: (c)(9)(i) Obtain any available information regarding permit space hazards and entry operations from the host employer;

16. Key Safety Programs Confined Spaces (cont.): Confined Spaces – §1910.146(c)(8) (c)(9)(ii) Coordinate entry operations with the host employer, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by paragraph (d)(11) of this section; and (c)(9)(iii) Inform the host employer of the permit space program that the contractor will follow and of any hazards confronted or created in permit spaces, either through a debriefing or during the entry operation.

17. Key Safety Programs Confined Spaces: Bottom Line: 1.Host employers and employers performing work on-site should discuss any confined spaces prior to starting work. 2.Host employers and employers performing work on-site must NOT enter a confined space without an appropriate program in place. 3.Host employers should inform employer performing work onsite of any known hazards in the space(s). 4.Both employers should debrief following entry to discuss hazards found or observed. 5.It is the responsibility of the host employer AND employer performing work on-site to exchange information PRIOR to an entry.

18. Key Safety Programs Machine Guarding: 1. Appropriate guarding eliminates the potential for “caught-in injuries” 2. Host employers point out insufficient guarding 3. Machine guarding problems can easily be identified

19. Best Practices Best Practices: Electrical Safety: 1.Most growers are moving toward ground fault circuit interrupters (GFCI) protection in growing areas. 2.Cord sets are extremely hazardous and should be inspected daily. 3.Cord set repairs should be done as needed. 4.Consider extra protection for common points of physical Damage. 5.Consider the use of portable GFCI’s for three-phase equipment.

20. Best Practices Best Practices: Strain/Sprain reduction: 1.Job rotation can help to reduce strain/sprain exposures in jobs requiring extreme amounts of manual labor. 2.Discuss safe lifting techniques on a regular basis. 3.Back belts should not be part of the work uniform. 4.Consider mechanization whenever possible.

21. Best Practices Best Practices: Host/Contractor Relationship: 1.Work with the host employer to discuss ways to make the job safer for all employees 2.Host needs to rely on the outside contractor to keep their employees safe 3.Outside contractors need to rely on the host employer to keep their employees safe 4.If cooperation fails, document your efforts.

22. Conclusion Conclusions: 1.Preventing injuries to ANY employee needs to be the #1 priority of every company working in this industry. 2.Communication is essential to ensure that both the host employer and contractor meet their obligations. 3.Cooperation ensures that the worksite is as safe as possible for host and contractor employees.

23. Special Thanks To the growers and contract crews that allowed their facilities and processes to be photographed for this presentation! Images captured by: Jordan Bush Photography http://www.jordanbushphotography.com/Commercial/

24. Thank You! John S. Hillard, CSP Risk Control Consultant jhillard@murrayins.com 717-606-5904