1. 2018 BISC Summer Meeting Top 10 OSHA Violations

2. Agenda What to expect when OSHA shows up
What your options are if you receive OSHA citations
OSHA’s 2017 top 10 most frequently cited violations

3. What to Expect When OSHA Shows Up

4. The Inspection Selection
Generally, priority of accomplishment and assigning Certified Safety and Health Official (CSHO) resources for inspection are categorized below:
Priority
Category
First
Imminent Danger
Second
Fatality/Catastrophe
Third
Complaints/Referrals
Fourth
Programmed Inspections

5. Opening Conference
Compliance officers are required to begin inspection with an “opening conference,” to present credentials and explain the inspection procedure.
Recommendations-
Restrict admittance until appropriate Management is on site
Determine the reason for the inspection
Limit the scope of the inspection
The compliance officer is required to inform you the reason for the inspection. In the event that it involves an employee complaint, you are entitled to receive a copy of the written complaint (without the name of the complaining employee). Likewise, you should ask for information on the specific programmed inspection that the inspector is relying upon.
Search warrants?

6. Walk-Around Inspection
Purpose
The compliance officer will walk through the portions of the workplace covered by the inspection, inspecting for hazards that could lead to employee injury or illness.
Recommendations
Stay with inspector throughout the walk-around
Take notes on all observations the inspector makes
Departments or equipment inspected
Time spent in various areas
Individuals who were interviewed
If OSHA requests a copy of a record or document, make copies to keep with your OSHA inspection file
Correct or repair any small violations immediately
Repair any small violations immediately (fix a broken handrail, readjust grinding wheel work rest, etc.). This demonstrates good faith and may prevent a citation.
Take the inspector directly to where they want to go
Take photos of everything the inspector takes photos of
The CHSO may interview employees at their will (employees can refuse)

7. Closing Conference
Inspectors are required to conduct a “closing conference” within a few weeks.
Use the closing conference to explain your company’s commitment to safety and established safety program
Factored into establishing penalty amounts
Be conservative when establishing timelines for correcting alleged violations if asked

8. Citation Types & Maximum Penalties
OSHA Citations
Key Points
OSHA has 6 months from the date of first notice of the alleged violation to issue a citation.
When you receive an OSHA Notice, you must post it (or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed. The OSHA Notice must remain posted for 3 working days or until the hazard is abated, whichever is longer.
Citation Types & Maximum Penalties
Other-Than-Serious: $12,934 per violation
Serious: $12,934 per violation
Posting Requirements: $12,934 per violation
Failure to Abate: $12,471 per day beyond the abatement date
Willful: $129,336 per violation
Repeated: $129,336 per violation
Briefly explain each citation type
Willful: A willful violation exists under the OSH Act where an employer has demonstrated either an intentional disregard for the requirements of the OSH Act or a plain indifference to employee safety and health.
Serious: Section 17(k) of the OSH Act provides that “a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.” OSHA may propose a penalty for each violation.
Other-Than-Serious: This type of violation is cited in situations where the accident/incident or illness that would be most likely to result from a hazardous condition would probably not cause death or serious physical harm, but would have a direct and immediate relationship to the safety and health of employees. OSHA may impose a penalty for each violation.
Failure to Abate: A failure to abate violation exists when a previously cited hazardous condition, practice or non-complying equipment has not been brought into compliance since the prior inspection (i.e., the violation remains continuously uncorrected) and is discovered at a later inspection. If, however, the violation was corrected, but later reoccurs, the subsequent occurrence is a repeated violation. OSHA may impose a penalty for each violation.
Repeated: An employer may be cited for a repeated violation if that employer has been cited previously, within the last five years, for the same or a substantially similar condition or hazard and the citation has become a final order of the Occupational Safety and Health Review Commission (OSHRC). A citation may become a final order by operation of law when an employer does not contest the citation, or pursuant to court decision or settlement. Repeated violations can bring a civil penalty.

9. Options if You Receive OSHA Citations

10. Informal Conference
Within 15 working days of receipt of an OSHA citation, you may request an informal conference in order to:
Obtain a better explanation of the cited violations
Obtain a more complete understanding of the specific standards that apply
Discuss ways to correct violations
Discuss concerns with the abatement dates
Discuss concerns with employee safety practices
Negotiate and enter into an informal settlement agreement
You are encouraged to take advantage of the opportunity to have an informal conference if you foresee any difficulties in complying with any part of the OSHA Notice. Employee representatives have the right to participate in any informal conference or negotiations between the Area Director or Regional Administrator and the employer.
If you agree that the violations do exist, but you have a valid reason for wishing to extend the abatement date(s), you may discuss this with the Area Director during the informal conference. The Area Director may issue an amended OSHA Notice that changes the abatement date prior to the expiration of the 15 working day period.
Every effort will be made to resolve the issues at an informal conference. If, however, an issue is not resolved by the Area Director, a summary of the discussion together with the agency's position on the unresolved issues shall be forwarded to the Federal Agency Program Officer (FAPO) within 5 working days of the informal conference.

11. Employer Options
As an employer who has been cited, you may chose one of the following options with or without a prior held informal conference:
Agree to the citation and Notification of Penalty
Correct the condition by the date set in the citation
Pay the penalty if one is proposed
Disagree with the citation and Notice of Penalty
Contest in writing (Notice of Intent to Contest) within 15 working days from the date a citation is received to any or all of the following:
Citation
Proposed penalty
Abatement date.

12. OSHA's 2017 Top 10 Most Frequently Cited Violations

13. 2017 Top 10 Citations (Federal OSHA)
Violation Types
2017 Top 10 Citations (Federal OSHA)
1. Fall Protection
6. Ladders
2. Hazard Communication
7. Powered Industrial Trucks
3. Scaffolding
8. Machinery and Machine Guarding
4. Respiratory Protection
9. Fall Protection – Training Requirements
5. Control of Hazardous Energy (LOTO)
10. Electrical, Wiring Methods, Components and Equipment
OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up.
Run through list
Source: OSHA

14. Standard: 1926.501 Total Violations: 7,281
#1 Fall Protection
Falls are among the most common causes of serious work related injuries and deaths. Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls.
Standard: Total Violations: 7,281
Top 5 Sections Cited
(b)(13):
"Residential construction"
(b)(1):
"Unprotected sides and edges"
(b)(10):
"Roofing work on Low-slope roofs"
(b)(11):
"Roofing work on Steep roofs"
(b)(4)(i):
“Each employee on walking/working surfaces shall be protected from falling”

15. Fall Protection Employer Responsibilities
Keep floors in work areas in a clean and, so far as possible, a dry condition.
Guard every floor hole into which a worker can accidentally walk.
Provide a guard rail and toe-board around every elevated open sided platform, floor or runway.
Regardless of height, if a worker can fall into or onto dangerous machines or equipment, employers must provide guardrails and toe-boards to prevent workers from falling and getting injured.
Discuss fall protection hazards they may see such as mezzanines, housekeeping, working on lifts, and getting in and out of bus. Keep relevant info for busing.

16. #2 Hazard Communication
In order to ensure chemical safety in the workplace, information about the identities and hazards of the chemicals must be available and understandable to workers.
Standard: Total Violations: 4,877
Top 5 Sections Cited
(e)(1):
“Written program”
(h)(1):
“Training on chemicals being used”
(g)(8):
“Maintain SDS"
(g)(1):
" Chemical manufactures & importers shall obtain or develop SDS."
(h)(3)(iv):
“Training on programs, labels, SDS and other information”

17. Hazard Communication Employer Responsibilities
All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers.
Obtain and update SDS log as new chemicals are introduced.
No longer MSDS
Employees must be trained on specific chemicals they will be using.
All containers must be properly labeled in accordance with the GHS standard.
Discuss bullet points

18. # 3 Scaffolding
The OSHA standard sets performance-based criteria to protect employees from scaffold-related hazards such as falls, falling objects, structural instability, electrocution, or overloading.
Standard: Total Violations: 3,776
Top 5 Sections Cited
(g)(1):
“Employees more than 10 feet shall be protected from falling”
(e)(1):
“Cross braces shall not be used as a means of access”
(b)(1):
“All working levels of scaffolds shall be fully planked or decked"
(g)(1)(vii):
"Use of personal fall arrest systems or guardrail systems"
(c)(2):
“Supported scaffold poles shall bear on adequate firm foundation”

19. Scaffolding Employer Responsibilities
Scaffolds cannot be erected, dismantled, moved or altered unless approved by a competent person.
Scaffolding must be inspected prior to use.

20. # 4 Respiratory Protection
Respirators protect workers against insufficient oxygen environments, harmful dusts, fogs, smokes, mists, gases, vapors, and sprays.
Standard: Total Violations: 3,339
Top 5 Sections Cited
(e)(1):
“Medical evaluation prior to use”
(c)(1):
“Establish a written respiratory protection program”
(f)(2):
“Fit testing”
(c)(2)(i):
"Voluntary use of a respirator - Appendix D"
(d)(1)(ii):
“The employer shall select a NIOSH-certified respirator”

21. Respiratory Protection
Employer Responsibilities
Use engineering controls where feasible to control the atmospheric hazard.
Provide an appropriate respirator. (Air monitoring may be needed)
Ensure the use of an appropriate respirator.
Institute a respiratory protection program that complies with the rest of the standard.
Ensure employees that voluntarily use a tight fitting respirator or dust mask have been provided information in Appendix D.

22. # 5 Control of Hazardous Energy (LOTO)
Workers servicing or maintaining machines or equipment may be seriously injured or killed if hazardous energy is not properly controlled. Injuries resulting from failure to control hazardous energy during maintenance activities can be serious or fatal. Injuries may include electrocution, burns, crushing, cutting, lacerating, amputating, or fracturing body parts, and others. Standard: Total Violations: 3,036
Top 5 Sections Cited
(c)(4)(i):
“Machine specific procedures”
(c)(6)(i):
“Periodic inspection of the energy control procedure at least annually”
(c)(1):
“Energy control program”
(c)(7)(i):
"Training requirements"
(d):
“Notification of removal”

23. Lock Out Tag Out (LOTO) Employer Responsibilities
Develop, implement, and enforce an energy control program.
Ensure that electrical boxes are labeled with which machines they correspond to.
Create and update machine specific LOTO procedures as necessary.
Provide effective training as mandated for all employees covered by the standard.
Comply with additional energy control provisions in the OSHA standards.

24. # 6 Ladders
Falls are the leading cause of death in construction and every year falls from ladders make up nearly a third of those deaths. These deaths are preventable. Falls from ladders can be prevented and lives can be saved by following the safe work practices.
Standard: Total Violations: 2,799
Top 5 Sections (General Industry)
(b)(8):
Used only for the purposes for which they were designed
(b)(9):
Ladders are inspected before initial use in each work shift, and more frequently as necessary
(b)(10):
Structural or other defects is immediately removed from service
(c)(4):
Used only on stable and level surfaces unless they are secured
(c)(8):
The cap and top step of a stepladder are not used as steps
Top 5 Sections Cited
(b)(1):
“Portable ladder side rails shall extend at least 3 feet above the upper landing”
(b)(4):
“Ladders shall be used only for the purpose for which they were designed”
(b)(13):
“The top or top step of a stepladder shall not be used as a step”
(b)(16):
"Defective ladders"
(b)(6):
“Ladders shall be used only on stable and level surfaces unless secured”

25. Ladders Employer Responsibilities
Maintain and store the ladder according to the manufacturer’s instructions.
Ladders should be thoroughly inspected prior to use.
All damaged/unusable ladders must be marked “Do Not Use” or be disposed of.
Employers must train all employees to recognize hazards related to ladders and stairways, and instruct them to minimize these hazards.

26. # 7 Powered Industrial Trucks
Powered industrial trucks, commonly called forklifts or lift trucks, are used in many industries, primarily to move materials. They can also be used to raise, lower, or remove large objects or a number of smaller objects on pallets or in boxes, crates, or other containers. Powered industrial trucks can either be ridden by the operator or controlled by a walking operator.
Standard: Total Violations: 2,434
Top 5 Sections Cited
(l)(1)(i):
“Ensure that each powered industrial truck operator is competent”
(l)(4)(iii):
“An evaluation shall be conducted at least once every three years”
(p)(1):
“If a defect is found, the truck shall be taken out of service until it has been restored”
(l)(6):
"Certification"
(q)(7):
“Pre-use inspections”

27. Powered Industrial Trucks
Employer Responsibilities
It is a violation of Federal law for anyone UNDER 18 years of age to operate a forklift or for anyone OVER 18 years of age who is not properly trained and certified to do so.
Operators must complete a documented pre-shift/use inspection.
All operators must be certified to operate each type of powered industrial truck they will use.
All certified forklift operators must be evaluated at least every 3 years.
Modifications or additions that affect capacity or safe operation shall not be performed without prior written approval from the forklift truck manufacturer. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.

28. #8 Machinery and Machine Guarding
The purpose of machine guarding is to protect the machine operator and other employees in the work area from hazards created by ingoing nip points, rotating parts, flying chips and sparks. Some examples of this are barrier guards, light curtains, two-hand operating devices, etc.
Standard: Total Violations: 2,115
Top 5 Sections Cited
(a)(1):
“One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards”
(a)(3)(ii):
“Point of operation guard”
(b):
“Machines designed for a fixed location shall be securely anchored”
(a)(2):
“General requirements"
(a)(5):
“Exposure of blades. The guard shall have openings no larger than one-half (1/2) inch”

29. Machinery and Machine Guarding
Employer Responsibilities
Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact can injure the operator or others in the vicinity, the hazards must be eliminated or controlled.
Guards must not create potential hazards and must be attached to the machine where possible.
If guards cannot be attached to the machine, attach elsewhere.

30. #9 Fall Protection – Training Requirements
The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.
Standard: Total Violations: 1,891
Top Sections (General Industry)
(a)(1):
Before any employee is exposed to a fall hazard, the employer must provide training for each employee
(a)(2):
The employer must ensure that each employee is trained by a qualified person.
(a)(3):
The employer must train each employee in at least the following topics:
Nature of the fall hazards in the work area
Procedures to be followed to minimize those hazards
Procedures for using personal fall protection systems
Correct use of personal fall protection systems
Top 5 Sections Cited
(a)(1):
“Training”
(b)(1):
“Training Records”
(a)(2):
“The employer shall assure that each employee has been trained, as necessary, by a competent person”
(c)(3):
“Employee Knowledge"
(a)(2)(ii)
“Failure to use fall protection”

31. Fall Protection – Training Requirements
Employer Responsibilities
PLAN ahead to get the job done safely.
PROVIDE the right equipment.
TRAIN everyone to use the equipment safely.
Three simple steps to preventing falls.

32. # 10 Electrical, Wiring Methods, Components & Equipment
Electricity has long been recognized as a serious workplace hazard. OSHA's electrical standards are designed to protect employees exposed to dangers such as electric shock, electrocution, fires, and explosions.
Standard: Total Violations: 1.564
Top 5 Sections Cited
(g)(1)(iv)(A):
“Substitute for fix wiring”
(g)(2)(ii):
“Strain relief”
(b)(1)(ii):
“Openings not closed”
(b)(2)(i):
“Covers and canopies”
(b)(1)(i):
“Protection from cuts when entering boxes”

33. Electrical, Wiring Methods, Components & Equipment
Employer Responsibilities
Educating employees on potential electrical hazard risks such as: contact with power lines, lack of ground-fault protection, equipment not used in matter prescribed, and improper use of extension and flexible cords.
Visually inspect all electrical equipment before use. Remove from service any equipment with frayed cords, missing ground prongs, cracked tool casings, etc. Apply a warning tag to any defective tool and do not use it until the problem has been corrected.
Use double-insulated tools and equipment, distinctively marked.
Use tools and equipment according to the instructions included in their listing, labeling or certification.

34. References

35. Final Thoughts – What to do now?
Create a hazard assessment for each job task and take appropriate measures to eliminate the hazard using engineering or work practice controls, or, when not feasible, protect your employees from the known hazard through use of PPE.
Train your employees on hazards identified and other required OSHA topics.
Be prepared for OSHA to show up and know your rights when they do.
If you receive citation(s), be sure to abate the found safety hazard ASAP.
Remember to request an informal conference within 15 days of receiving citations

36. Questions? For additional questions or help
with your insurance program:
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Michelle Wiltgen
AVP & National Marketing Manager
Office: x1213
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