2 Introduction to OSHAThe Williams-Steiger Occupational Safety & Health Act was passed by Congress in December, The act established the Occupational Health and Safety Administration (OSHA).April, Enforcement of regulations began.Purpose: To assure every employee a safe & healthful work environment.
3 Introduction to OSHAPrior to OSHA, job related accidents accounted for more than 14,000 worker deaths annually.In 2004, 5703 workers were killed in the American workplace.In 2004, 1224 construction workers died from workplace injuries (21%).Only 7% of the workforce is in construction.Construction represents only 7% of U.S. workforce but is producing 21% of the fatalities
4 Definition of Construction Defined in &"Construction work" means work for construction, alteration, and/or repair, including painting and decorating.“Maintenance” is covered under the General Industry standards
5 The “General Duty” Clause OSH Act – Public Law Dec. 29, 1970Section 5 (a) (1):“Each employer must 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 employees.”
6 Incorporation by Reference Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…
7 Most Frequently Cited Overall - 2004 501(b)(1) Unprotected sides and edges (1660)501(b)(13) Fall protection – 6’ (1374)100(a) Head protection (1353)451(g)(1) Scaffolds – Fall protection (1232)451(e)(1) Scaffolds - Access (980)453(b)(2)(v) Aerial lifts – Body belt & lanyard (935)652(a)(1) Excavations-Protection of employees(907)451(b)(1) Scaffolds – Platform construction (892)503(a)(1) Fall hazards training program (851)1053(b)(1) Portable ladders 3ft above landing (802)
8 Most Frequently Cited Subpart C - 2004 21(b)(2) Employee training programs (766)20(b)(2) Inspections by a competent person (586)20(b)(1) Initiate and maintain accident prevention programs (415)25(a) Housekeeping (193)28(a) Personal Protective Equipment (89)
9 General Requirements Subpart C Employer cannot require employees to work in unsafe, hazardous, or unsanitary conditions.Employer must have a safety program & conduct frequent and regular inspections by competent persons.Most companies conduct written weekly inspections and daily informal inspections.
10 General Requirements Subpart C Unsafe tools, machinery, material or equipment to be tagged or locked out of service, or physically removed from place of operation.Employer must permit only employees qualified by training or experience to operate machinery and equipment.
11 HousekeepingCombustible scrap and debris must be removed at regular intervals.Form and scrap lumber with protruding nails and all other debris, must be cleared from work areas, passageways, and stairs.Containers must be provided for waste, trash, oily and used rags.
12 Containers can include garbage cans, dumpsters, wooden boxes, etc.
18 Means of EgressFree and unobstructed egress at all exits must be maintained.Exits cannot be locked.Exits must be marked if direction to them is not immediately visible.Means of egress must be maintained free of obstructions.
21 Emergency Action Plans Must be written and cover the following at a minimum:Escape procedures and routesProcedures for employees who remain for critical functionsProcedures to account for all employees after evacuationMeans of reporting emergenciesRescue and medical dutiesNames or job titles of persons who can be contacted for further information
22 Emergency Action Plans Employer must establish an employee alarm system.Employees must be trained in plan requirements.Radios, Nextels, air horns, etc. can serve this purpose.
23 Confined Space EntryAll employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment.Guidelines are covered under OSHA General Industry StandardA construction standard is expected this year.
24 Confined Space Entry Confined Space: ….any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere.
25 Manholes are common construction confined spaces
26 Competent PersonOne who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them.
27 Qualified PersonOne who, by having a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the work.i.e., a Professional Engineer, experienced foreman, etc.
28 Examples of Areas With Competent Person Requirements Fall ProtectionScaffoldingTrench & ExcavationRespirator UseCranes & DerricksLaddersHearing ProtectionWelding & CuttingElectricalConcrete forms & ShoringDemolitionLeadIonizing Radiation
29 Training & EducationEmployees must be trained in recognition, avoidance, and prevention of unsafe conditions and the regulations applicable to his/her work environment.Employees required to handle or use poisons, caustics, toxic or flammable materials must be trained in safe handling.
30 Training and Education OSHA recognized training programs:OSHA 500 program established to “train the trainers”.OSHA 10 & 30 hour programs established for employees and supervisors.
31 WWW.OSHA.GOV Agency home page All companies OSHA history available as public record informationOSHA standards can be downloadedCompliance directives and letters of interpretation availableEmployee online complaint systemeTools (best practice guidelines)
32 Types of Inspections General Scheduled (random) Complaint Post-Incident (1 fatality or 3 injuries from 1 event)Referral (news media, fire department, public…)Special Emphasis (silica, falls, trenching..)Focused (4 main hazards)Follow-up (post citation)
33 Focused InspectionsAllows compliance officers to spend less time with companies that have strong safety programs, and more time with companies that do not.You must have a written safety program, implemented by a competent person, to qualify.Results in shortened inspection process.
34 Focused Inspections Falls (floors, work platforms, roofs) 33% Inspection Focused on: (90% of fatalities)Falls (floors, work platforms, roofs) 33%Struck by (falling objects, vehicles) 22%Caught in-between (cave-ins) 18%Electrical (overhead lines, tools) 17%
35 Rules of ConstructionContractors and subcontractors can make their own arrangements regarding who will do things such as; installing guardrails or providing drinking water, however:Under no circumstance is the Prime Contractor relieved of overall responsibility for safety ( ).
36 Multi-Employer Work Site Policy Exposing Employer - One whose employees are exposed to hazards (most often receives citation).Creating Employer - One who actually creates the hazards.Correcting Employer – One responsible for correcting the hazard.Controlling Employer - One who is responsible for conditions on work site.
37 Inspections, Citations and Enforcement Inspection Sequence:Preplanning:OSHA will review the company’s history of citationsMay film or video from offsiteWork Site:Compliance Officer must show credentialsWill request entry, and explain the purpose of the visit
38 Inspections, Citations and Enforcement Opening Conference:The Compliance Officer identifies the scope & type of inspection.Will review OSHA required recordkeeping.Opportunity to qualify for focused inspection.Meet with a representative of each contractor.
39 Inspections, Citations and Enforcement Inspection Process:Will tour the job/facility looking for hazards, will interview employees, collect photos/videos, and samples or measurements.It is important for the employer to take the same photo as OSHA from several viewpoints.
40 Inspections, Citations and Enforcement Closing Conference:The Compliance Officer may point out potential violations of the standards, and establish abatement dates for correction.
41 Inspections, Citations and Enforcement Decision to Issue Citation(s):The Compliance Officer completes report and proposes potential citations. This is reviewed by the Area Director who has final authority to issue citations/penalties.
42 Inspections, Citations and Enforcement Citation Issuance:Will be received by the employer via registered mail within 180 days.The employer can ask for an informal conference, within 15 days.The employer must correct any citations within the abatement dates & pay penalty amount or contest citations.
43 Types of CitationsOther than Serious - A violation that would not cause death or serious injury.Serious - A violation where there is a high probability of death or serious injury.Willful - A violation where death or serious injury could occur, and the employer knew, or should have known, the hazard existed.
44 Types of CitationsCriminal Willful – “Flagrant disregard for safety….” Can result in 6 months jail time and $500,000 fine.
45 Types of CitationsRepeat - A violation of any standard or rule where upon re-inspection within 3 years, a similar violation is found.Failure to Abate - A violation for failure to correct a previous citation in a timely manner.
46 Citation Penalties Other than Serious - $0 - $7000 Serious – Up to $7000Repeated - X2, X5, & X10
47 Citation Penalties Willful – Up to $70,000 Egregious – Penalty amount multiplied times the number of employees exposed. (At this time, OSHA cannot use the egregious policy due to court decision however, this is under appeal).Criminal Willful – Up to $500,000
48 Citation PenaltiesFailure to abate - (per calendar day $7000, to maximum $210,000)Failure to report fatality - $5000Failure to post citation - $3000Failure to post on 300 log - $1000 / case
49 What’s New Subpart C 39,005 OSHA inspections conducted in 2003 75% resulted in issuance of serious, willful, or repeat violations
50 Special EmphasisConstruction federal special emphasis program is focused on trenching
51 Enhanced EnforcementFollow up inspections for high gravity citation casesHigh Gravity = High Risk Factor (employee exposure) and High Penalty
52 Enhanced Enforcement High gravity willful violations. High Gravity Citations include:High gravity willful violations.Multiple high gravity serious violations.High gravity repeat violations at originating establishment.Failure to abate notices.Serious willful or repeat violations related to a fatality.
53 Enhanced EnforcementTargeted inspections of the employer’s other worksitesIssuance of press releasesSubmission of info regarding other jobsitesIdentified companies prioritized for programmed inspections
54 Enhanced Enforcement Settlement Provisions Require employer to hire a consultant to facilitate a change in safety and health cultureApply agreements corporate-wideRequire that the employer submit OSHA 300’s quarterly and consent to inspections based on contents of the logs
55 Enhanced Enforcement Post Settlement Agreement: OSHA will seek enforcement of court orders as allowed under Section 11(b) OSH Act. To deal aggressively with employers in the courts.Federal courts have more sanctions to deal with non-compliant employers – fines, court costs, incarceration.
56 VPP ConstructionThe Resident Contractor Star Demonstration Program is open to contractor employers whose operations have been ongoing for at least 12 continuous months, and expected total work duration to last at least 3 years. Examples of eligible companies are those that perform construction, maintenance or another service at sites such as government-owned facilities, power plants, or chemical/petrol facilities.
57 Questions for ReviewIf there is not a specific standard for a work practice, how could OSHA cite it?What is OSHA’s name for a person who has knowledge of the standards, hazard recognition and the authority to stop work when necessary?What type of inspection should you ask for if you have a safety program?When OSHA talks about a qualified person, what do they usually mean?1. The General Duty Clause The Competent Person A Focused Inspection Professional Engineer