2. Top 10 Serious MIOSHA General Industry Safety & Health Violations
FY 2016
Presented by:
Michael Brodzik
MIOSHA Safety Consultant
Consultation Education & Training (CET) Division
Michigan Occupational Safety & Health Administration
Michigan Department of Licensing and Regulatory Affairs
Master presentation title slide

3. Top 10 Serious MIOSHA Occupational Health General Industry Violations
FY Citations $333,950 $979 average per citation
Last revised: 1/5/17 by K. Osterkamp

4. #10 – Occupational Noise Exposure Part 380
R (1) - Hearing conservation program The employer shall administer a continuing, effective hearing conservation program, as described in R to R , when employee noise exposures equal or exceed the action level.
KEY ELEMENTS:
Noise monitoring
Audiometric (hearing) testing
Standard threshold shift (STS) determination
Hearing protectors (plugs, muffs)
Training – initial and annual
Recordkeeping & Posting Part 380
Serious violations: 12
Penalties: $22,200
#10 – Occupational Noise Exposure and the requirement to have a Hearing conservation program.
A HCP is required when employee TWA noise exposure exceeds the AL (85 dBA for an 8hr workshift).
Noise monitoring needs to be conducted to determine if a HCP is required.

5. #9 – Bloodborne Infectious Diseases Part 554
(a) – Written exposure control plan If an employee is determined to be in “category A”, then an employer shall establish a written exposure control plan to minimize or eliminate employee exposure.
Blood and Other Potentially Infectious Materials (OPIM)
Serious violations: 13
Penalties: $2,250
#9 – Bloodborne Infectious Diseases….the requirement to have a written exposure control plan.
The rule states….If an employee is determined to be in “category A”, then an employer shall establish a written exposure control plan to minimize or eliminate employee exposure.
Employers often have some elements of a program (providing gloves and some training). However, oftentimes they do not have a site-specific written exposure control plan.
A customizable, sample written exposure control plan can be found on our MIOSHA website.
Reference only below -Ensure the written BID ECP contains all of the following information:
The exposure determination (i.e. which employees are “Category A”- (i.e. designated 1st aid responders)
Offering the Hepatitis B vaccine series to “Category A” within 10 days of assignment.
The contents or a summary of the training program required by R – Initial training and annual refresher
Procedures for the evaluation of circumstances surrounding exposure incidents (e.g. site specific post-exposure follow up procedures); Task-specific standard operating procedures (SOPs) Document the annual consideration of safer medical devices to minimize exposure (e.g. safety needles/syringes); Review the ECP annually, including soliciting input from non-managerial employees, and update it as necessary.

6. #8 – Respiratory Protection Part 451 (29 CFR 1910.134)
(e)(1) – Medical evaluation The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace.
Serious violations: 14
Penalties: $8,350
#8 – Respiratory Protection…. the employer is required to provide an employee with a medical evaluation…before the employee is fit tested or uses the respirator in the workplace.
The reason for this is using a respirator may place a physiological burden on employees (e.g. breathing through the resistance associated with the cartridges). The amount of stress associated with wearing a respirator varies depending on the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee.
The Standard specifies the minimum requirements for a medical evaluation (e.g. using Appendix C – Medical Questionnaire) that employers must implement to determine the employee's ability to use a respirator.
Also, required for voluntary use of tight fitting respirators (exception: filtering face-piece (dust mask style) respirators).

7. #7 (tied) – Bloodborne Infectious Diseases Part 554
(1) – Exposure determination An employer shall evaluate routine and reasonably anticipated tasks and procedures to determine whether there is actual or reasonably anticipated employee exposure to blood or other potentially infectious material. Category A – With exposure or reasonably anticipated exposure Category B – NO exposure as described above. Maintain a list of all job classifications that are determined to be “Category A”.
Serious violations: 15
Penalties: $12,300
#7 (tied) – Bloodborne Infectious Diseases…..This rule was tied for #7.
The employer is required to determine if their employees have actual or reasonably anticipated exposure to blood or other potentially infections material.
Categorize all employees into category A or B
The occupations with exposure would be categorized as Category A (e.g. dentist, dental hygienist, physician, medical assistant).
The employer is required to maintain a list of all Category A job classifications.
This list is normally maintained as part of the employer’s written exposure control plan.

8. #7 (tied) – Personal Protective Equipment Part 433
(1) – Employee training
An employer shall provide training to each employee who is required by these rules to use personal protective equipment (PPE).
The PPE training shall include all of the following:
What is necessary.
When and why it is necessary.
How to properly don, doff, adjust wear it.
The limitations of the equipment.
The proper care, maintenance, useful life, and disposal of the PPE.
Serious violations: 15
Penalties: $10,350
#7 Personal Protective Equipment….employee training…This rule was also tied for #7.
Employers are required to provide training that includes all of these elements.
The photo shown here was taken during one of my hazard surveys. As you can see, the googles provided were not being maintained (dirty, lack of elasticity of the straps). This is most commonly seen where PPE is shared and not assigned to an individual employee. .

9. #6– Personal Protective Equipment Part 433
(1) – Use of eye and face protection
An employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from any of the following:
Flying particles
Molten metal
Liquid chemicals
Corrosive materials
Air contaminants
Radiation
Serious violations: 16
Penalties: $9,050
#6 PPE again!.....Use of eye and face protection
Employers are required to evaluate all the hazards associated with tasks performed in their workplace and ensure that employees are provided with the appropriate eye/face protection.
This rule lists common hazards that will require eye and face protection.
Train employees so that they know what the employer’s expectations are and why they need to wear it.

10. #5 – Air Contaminants for General Industry Part 301
(a)(iii) – Exposure Limits An employee’s exposure to any substance listed in table G-1-A shall not exceed the time-weighted average (TWA) limit, short- term exposure limit (STEL) and ceiling limit specified for that substance in table G-1-A.
Serious violations: 20
Penalties: $107,100
#5…Air Contaminants for General Industry
Part 301 establishes permissible exposure limits (PELs) for contaminants in General Industry.
Employers need to conduct personal air sampling to ensure employees are not being exposure above established exposure limits.
If employees are overexposed…protection must be provided (e.g. substitution, ventilation, providing respirators).

11. ADM Part 13 INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND PROPOSED PENALTIES
(1) Citation for failure to correct a previously cited violation. If an inspection or investigation discloses that an employer failed to correct an alleged violation, for which a citation was issued, within the period permitted for its correction, the department may notify the employer, by registered mail, of the failure and of any additional penalty proposed under section 35(2) of the act by reason of such failure.
Serious violations: 25
Penalties: $63,860
This rule is an administrative rule (Part 13) that came up as the #4 most common violation cited by industrial hygienists.
Technically, it is not an “occupational health” standard rule but I wanted to share with you that “failure to abate” (FTA) violations are being issued very frequently.
FTA violations result in additional penalties being issued for previously cited violations that have NOT been corrected.

12. #4 – Respiratory Protection Part 451 (29 CFR 1910.134)
(c)(1) – Written respiratory protection program Where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program.
Serious violations: 42
Penalties: $39,350
#4 Respiratory Protection…and the requirement to have a written respiratory protection program.
This rule requires employers to establish and implement a site-specific, written respiratory protection program when respirators are necessary to protect the health of the employee OR whenever respirators are required by the employer.
Some elements of a written respiratory program pertaining to medical evaluations and the maintenance, care and storage of respirators are also required for the voluntary use of tight fitting respirators as well.
We have a customizable “fill in the blank” sample written respiratory protection program on the MIOSHA website for employers to use. Ensure that your written program includes the elements listed here.
Reference only - Respirator Program elements include: Selection and use Medical evaluations (#9 in Top 10 Health) Fit testing - tight-fitting respirators Cleaning, maintenance & storage Ensuring adequate air quality (supplied air) Employee training Evaluating program effectiveness.

13. #3 – Hazard Communication Part 430 (CFR 1910.1200)
(h)(1) Employee information and training Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area
Serious violations: 45
Penalties: $22,350
#3…..Hazard Communication…employee information and training.
Employers are required to provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area.
This photo makes me wonder if secondary container labeling training had been provided to employees?…..especially when multiple unlabeled secondary containers are observed around the work-site. This too would be considered a Hazard Communication Standard violation.
Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical specific information must always be available through labels and safety data sheets.

14. #2 – Medical Services & First Aid Part 472
R (3) Emergency Eye/Body flush stations An employer shall ensure that suitable facilities for quick drenching or flushing of the eyes and body are provided within the work area for immediate emergency use when the eyes or body of any person may be exposed to injurious or corrosive materials.
Serious violations: 58
Penalties: $54,100
#2….. Medical Services & First Aid If your employees work with corrosive or injurious chemicals….an emergency eyewash station will be required.
If potential corrosive exposure to the body exists then a shower station would be required as well.
The requirement to have an emergency eyewash station is dependent on the chemical’s pH and it’s injurious potential.
Check pH of chemical mixtures and read the SDS’s, which will list the chemical’s pH.
There is a MIOSHA Enforcement Instruction available on-line that provides additional details related to:
maximum travel distance to the eyewash (which is based on pH), ensuring stations are unobstructed, the amount of flushing required (15 minute flush)……etc.
NOTE: A hand held 500ml eye flush squirt bottle….would not constitute a required eyewash station.
Best practice - Ensure that they are inspected monthly and that this is documented.

15. #1 – Hazard Communication Part 430 (CFR 1910.1200)
(e)(1)- Written hazard communication program
Employers shall develop, implement, and maintain at each workplace, a written hazard communication program…
Must at least include:
Labels and other forms of warning
Safety data sheets (SDSs)
Employee information and training
A list of the hazardous chemicals
Methods to inform employees of the hazards of non- routine tasks, pipes
Serious violations: 91
Penalties: $46,550
#1 Hazard Communication…..still holding the top spot!!!
Employers are required to have a site-specific written hazard communication program addressing the elements listed in( e ) (1).
Oftentimes employer have SDSs and provide some training….however, there is no written site-specific program.
We have a customizable “fill in the blank” sample written respiratory protection program on the MIOSHA website.

16. Top 10 Serious MIOSHA General Industry Safety Violations
FY Citations $1,765,430 $2,408 average per citation
Last revised: 1/6/17 Chris Johnson

17. #10 – Powered Industrial Trucks Part 21
(1) - Loading trucks, trailers, and railcars. Rule (1) An employer shall ensure that a highway truck and trailer are not boarded by a powered industrial truck before the highway truck and trailer has its brakes set and not less than 2 wheels blocked or be restrained by other mechanical means installed in a manner that will hold the trailer from movement.
KEY ELEMENTS:
Noise monitoring
Audiometric (hearing) testing
Standard threshold shift (STS) determination
Hearing protectors (plugs, muffs)
Training – initial and annual
Recordkeeping & Posting Part 380
Serious violations: 48
Penalties: $114,420
It is the responsibility of the PIT driver to make sure that the truck/trailer is secure with either a dock locking mechanism or 2 wheels chocked before they enter it with the PIT.

18. #9 – Design Safety Standards For Electrical Systems - Part 39
WIRING METHODS, COMPONENTS, AND EQUIPMENT
(b)(1)(ii) Unused openings in cabinets, boxes, and fittings shall be effectively closed.
Serious violations: 53
Penalties: $39,320
Make sure there is no exposure to live electric. A simple 79 cent cover plate/plug can avoid am injury and costly violation.

19. #8 – General Provisions Part 1
Machine guards and devices. Rule 34 (3) A point of operation guard or device shall be as prescribed in a specific standard, or, in the absence of a specific standard, shall be designed and constructed, when required, to prevent the machine operator exposed to the hazard from having any part of his/her body in the hazardous area during the operating cycle.
Serious violations: 57
Penalties: $118,580
If you can get over, under, around, or through a guard, it is not good enough.
Gotcha stick

20. #7 – FLOOR AND WALL OPENINGS, STAIRWAYS, AND SKYLIGHTS – Part 2
R Guards for open-sided floors, platforms and runways Rule 213 (2). An open-sided floor or platform 4 feet or more above adjacent floor or ground level shall be guarded by a standard barrier as specified in rule 231 on all open sides, except where there is entrance to a ramp, stairway or fixed ladder.
Serious violations: 57
Penalties: $88,900
Mezzanines, platforms, walkways, etc need to have a standard barrier installed . Top rail at 42 in, mid rail at 21 in, with a 4in kick plate if people are working underneath.
We often find these issues where boxes and parts are stored above offices.

21. #6– General Provisions Part 1
Machine guards and devices. Rule 34 (9) When an employee is exposed to a hazard created by a pinch point other than point of operation, the hazard shall be guarded or the employee otherwise protected.
Serious violations: 59
Penalties: $194,550
Signs are not guards!
Garage doors are often overlooked as pinch points.

22. #5 – Guards for Power Transmission Part 7
Gears, sprockets, and chain drives. Rule 731. (1) Gears, sprockets, and chain drives exposed to contact shall be guarded pursuant to R to R This does not apply to hand-operated gear sprockets and chain drives used to adjust machine parts which do not move after hand power is removed.
Serious violations: 65
Penalties: $124,850

23. #4 – Hazard Communication Part 92 (29 CFR 1910.1200)
(e) Written hazard communication program. Rule (e)(1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met
Serious violations: 68
Penalties: $43810
Must include
(e)(1)(i) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,
(e)(1)(ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of

24. #3 – Guards for Power Transmission – Part 7
Belts Rule 727. (1) A belt and pulley that is 7 feet or less above the floor or platform and that is exposed to contact shall be guarded pursuant to R to R
Serious violations: 94
Penalties: $143,450
7 feet or less from the floor or platform. You need to look at employee exposure. If your employees are exposed to a belt and pulley above 7 feet, it may need to be guarded as well.

25. #2 – The Control Of Hazardous Energy Sources - Part 85
(c) Training and Communication Rule (c)(7)(i)(A) Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.
Serious violations: 95
Penalties: $129,650
Top 1 and 2 violations are the same as Very common to find.

26. #1 – The Control Of Hazardous Energy Sources - Part 85
(c) Training and Communication Rule (c)(4)(i) Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.
Serious violations: 137
Penalties: $767,900
Make sure you have procedures for your machines. They can be as simple as written out in list form, or they can be more complex such as the picture above. The important thing is that they are developed, authorized employees are trained on the process, the documents are available to the workers, and they are updated on a regular basis

27. Want to learn more? www.michigan.gov/mioshatraining
What a coincidence! We have an MTI course for each of the above described standards. Expand your knowledge and protect your employees!

28. Help protect the safety and health of Michigan workers!
MIOSHA’s Mission
Help protect the safety and health of Michigan workers!
MIOSHA’s Motto
Educate before we Regulate!

29. MIOSHA’s Approach Many people know we are an Enforcement agency
We are also a Consultation and Education agency
GOAL = Protect Workers!
Most employers understand the goal and only need the Consultation (Carrot)
Some employers need more education and the Enforcement (Stick)
MIOSHA would prefer to work collaboratively to accomplish the goal!

31. MIOSHA FY 2016 Activities Enforcement: Consultation:
4,662 Onsite Inspections
926 Offsite Letter Inspections
Consultation:
1,605 Onsite Consultations
315 Offsite Consultations

32. FY Strategic Plan
Goal 1: Reduce exposures, injuries, illnesses, fatalities. Goal 2: Promote benefits of positive safety culture. Goal 3: Strengthen public confidence in MIOSHA.

33. Strategic Plan Targeted General Industries
Industry (NAICS)
Total Recordable Case Rate
2012
(Baseline)
5-year goal (2012 rate minus 15%)
2015 Rate
Trend in 2015
Michigan Overall
4.1
3.4 ↓
Manufacturing Overall
5.8
4.9
4.5 
Beverage & Tobacco Product Mfg. (312)
13.2
11.2
6.1
Wood Products Mfg. (321)*
7.4
6.3
10.0 ↑
Primary Metal Mfg. (331)
10.1
8.6
5.1
Fabricated Metal Product Mfg. (332)
6.4
5.4
5.6
Machinery Mfg. (333)
4.6
4.2
Transportation Equipment Mfg. (336)
7.0
6.0
5.2
Support Activities for Transportation (488)
3.6
3.3
Warehousing and Storage (493)
5.7
4.8
3.5
Hospitals (622)
7.5
6.9
Nursing & Residential Care Facilities (623)
9.6
8.2
7.8
Accommodations (721)
4.7
4.0
4.4

34. MIOSHA Consultation Education and Training Site Specific Targeting Letters
Sent to non-construction workplaces selected for programmed inspections.
3,620 letters mailed in February 2017.

35. Standards Update Recently Adopted
Revised in response to federal OSHA’s new silica standard Effective March 1, 2017
OH Part 690 Silica in Construction
OH Part 590 Silica in General Industry
OH Part 301 Air Contaminants for General Industry
OH Part 601 Air Contaminants for Construction

36. OSHA Walking/Working Surfaces
Became effective January 17, 2017 for federal states
Affects many MIOSHA general industry standards regarding fall protection, ladders, scaffolding
MIOSHA has 6 months to adopt

37. MIOSHA Lead Standards Update
Current standards developed with 1970’s scientific data
Current medical removal blood lead level = 50 or 60 ug/dl
Current return to work blood lead level = 40 ug/dl
Current scientific data shows serious health affects at 5-10 ug/dl
General population blood lead levels are less than 2 ug/dl
Proposing to change medical removal level to 30 ug/dl
Proposing to change return to work level to 15 ug/dl
Forming Advisory Committee
Will be Public Hearings

38. Federal OSHA Penalty Changes
Federal Budget Act of 2015
Budget Act of 2015—requires mandatory upward adjustments of civil penalties for OSHA
Annual adjustments based on cost-of-living adjustments - Consumer Price Index (CPI)
OSHA issued an interim final rule containing a “catch up adjustment”
Catch-up adjustment amount will be difference between the CPI in October 2015 and the CPI in October 1990, the year that OSHA penalties were last adjusted
Serious Violation: Maximum of $12,476 (Current maximum $7,000)
Repeat Violation: Maximum of $124,765 (Current maximum $70,000)
Willful Violation: Maximum of $124,765 (Current maximum $70,000)
MIOSHA currently working with the Senate Majority Leader’s office and the Legislative Services Bureau to address changes in MIOSHA Act 154 to reflect these penalty increases

39. Stop Falls. Save Lives.

40. Stop Falls. Save Lives.
Almost half of MIOSHA’s fatalities in 2016 were due to FALLS!
21 Michigan workers did not go home at the end of the day due to falls!
Roofers, Carpenters, Tree Trimmers, Painters, Maintenance Workers, Electricians, Fork Lift Operators, Farm Hands
MIOSHA is launching an SEP for 2017 to help prevent workplace falls.

41. Stop Falls. Save Lives. 2016 Fall Fatalities
28-year old tree trimmer’s 7-year old equipment broke causing a 40 foot fall.
75-year old tree trimmer fell 20 feet when the branch he was tied off to broke.
55-year old roofer fell 45 feet through a deteriorated roof.
62-year old fork lift operator attempting to change a light bulb fell through the bottom of a rotted apple crate.

42. Stop Falls. Save Lives. Enforcement
Construction Industry – Roofers, Carpenters, General Laborers
General Industry – Tree Trimming Operations

43. Strategic Plan FY
Goal 2: Promote safety and health to effect positive change in workplace culture
13th Take a Stand Day (August 9, 2017)
Coffee with MIOSHA
Promote SHMS
Cooperative Programs
Public Service Announcements
MIOSHA Training Institute

44. MSHARP and MVPP Best of the Best Go beyond minimum standards
Great partnership opportunities
Learn from each other
Share best practices
Mentor others

45. Lower I&I rates than non-partnership sites.
Formal Agreements
Benefits:
Build trusting, cooperative relationships;
Network with others committed to workplace safety and health;
Exchange information about best practices;
Leverage resources to maximize worker safety and health protection;
Lower I&I rates than non-partnership sites.

46. Formal Agreements Benefits: Build trusting, cooperative relationships;
Network with others committed to workplace safety and health;
Leverage resources to maximize worker safety and health protection;
Gain recognition as a proactive leader in safety and health

47. MIOSHA Training Institute (MTI)
22,499 Overall Attendees
1,266 Total MTI Graduates
970 Level I Graduates
824 General Industry
146 Construction
245 Level II Graduates
233 General Industry
12 Construction
51 Occupational Health Graduates
$27,525 Awarded for 409 MTI Scholarships in FY2016
$270,389 Awarded Since FY2011

48. Reporting Requirements - to MIOSHA
Who has duty: Employers
Report what: Inpatient hospitalization, amputation, or loss of an eye
When: Within 24 hours
How: Call MIOSHA at ; MIOSHA website; or in person
Reference: Part 11

49. Reporting Requirements – to OSHA
Who has duty: Establishments with 250 more employees that are subject to OSHA's recordkeeping regulation; establishments with employees in certain high-risk industries
Report what:
Establishments with >250 employees 300A, 300, and 301 incident report in Only 300A in 2017.
Establishments with employees – 300A Summary
When: July 2017
How: Electronic submission to federal OSHA Website
Reference: Part 11

50. MIOSHA Fatality Information
Calendar 2016 MIOSHA program related fatalities:
43 Total
21 Falls (Many Tree Trimming Related)
6 Crush By
4 Struck By
4 Drowning
4 Electrocution (1 Lightning)
2 Caught Between
1 Heat Related
1 Asphyxiation

51. MIOSHA Program-Related Fatalities

52. Thank you for helping MIOSHA accomplish our mission of protecting the safety and health of Michigan Workers. Thank you especially for your help this year to STOP Falls. Save Lives.

53. Questions?
To learn more…. Attend MTI Standards courses Free! Sample Written Programs