Transcript General - PCOC Insurance

Cal-OSHA and Fumigation
Even
Some OSHA & General Pest
Pest Control Operators of California
The Peacock Group Inc.
www.pcocinsurance.com
Fumigation & Cal/OSHA
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Exposure to employee of heights
of 4.5 feet or higher must be
covered under a fall protection
plan.
Additional Standards above 6 feet
Fumigators in non-compliance
Two recent incidents in San Diego
One recent incident in San Jose
And a 1998 Fumigation Death
have caused Cal/OSHA to reexamine fumigators.
Copyright 2002 Pest Control Operators of California Inc.
Incidents which triggered
Cal/OSHA Investigation
First San Diego Incident:
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October 2001 – San Diego fumigator carrying a tarp up
a ladder on a single story house. As he steps off the
ladder he slips and falls to the ground breaking his neck:
Many violations possible, but the two big issues are:
 Fall Protection
 Ladder Use (still a fall protection issue)
Copyright 2002 Pest Control Operators of California Inc.
2nd San Diego Incident
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December 2001 – San Diego fumigator is
electrocuted when the aerial he is taking down hits a
power line. Many violations possible, clearly the
accident itself is reason for worry and something we
all should be concerned with when lowering an
aerial. But the concern Cal/OSHA brought to my
attention from this incident as it relates to the
industry as a whole are:
 Fall Protection
 Ladder Use (still a fall protection issue)
Copyright 2002 Pest Control Operators of California Inc.
San Jose Incident
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January 2002 – San Jose fumigator falls
from roof breaking his back. Fumigator
beginning to get some movement into his
legs. Employer still awaiting the official
Cal-OSHA investigation; they told him
they would perform a “surprise” inspection
and investigation “sometime in March”.
We anticipate them making an issue of:
 Fall Protection
 Ladder Use (still a fall protection issue)
Copyright 2002 Pest Control Operators of California Inc.
1998
Fumigation
fall death
assessment
Copyright 2002 Pest Control Operators of California Inc.
Fall Protection Recommendations:
Recommendation #1
Fumigation employers should provide fall
protection for employees who work at heights
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Acknowledges that fall protection for our industry
is difficult, but still necessary
“Must engineer or have fall protection engineered
to meet requirements of the American National
Standards Institute, Inc.,(ANSI) and Cal/OSHA.
Continued on next slide
Copyright 2002 Pest Control Operators of California Inc.
Recommendation #1 Continued
If fall protection in not feasible, then an
alternative method must be used to
protect the employee.
For example:
A. Aerial lifts, meetings regulations for lifting a person or
persons could be used to access the tarps at or near the
leading edge of roofs.
B. Safety harnesses and lanyards may be used if they can be
attached at an approved anchor point.
Copyright 2002 Pest Control Operators of California Inc.
Fall Protection Recommendations:
Recommendation #2
Employers should employ external lighting
when working after dark.
With no lighting and dark colored tarps, it most
likely would have been difficult for the decedent
to discern the edge of the roof. Proper portable
lighting for employees may have prevented this
incident.
Copyright 2002 Pest Control Operators of California Inc.
Fall Protection Recommendations:
Recommendation #3
Employers should ensure employees do not
approach a roof edge so closely that it
places them in danger of falling off
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Tarps do not provide safe footing
Folds in tarps can provide tripping hazard
Without fall protection “this is a very dangerous
task”
Copyright 2002 Pest Control Operators of California Inc.
Fall Protection Recommendations:
Recommendation #4
Employers should develop a written
procedure which covers the manner in
which tarp laying should be performed
The employer failed to provide written instructions describing the
tarp laying procedure to employees. Such instructions would
normally contain safety precautions such as not walking too close
to roof edges, use of ladders and fall protection, etc. When the
tarps have been laid, the roof edge becomes less distinct because
it is hidden by the tarp. In such cases, it is especially important to
adhere to those safety precautions that address falling. If such
instructions were provided, and followed, this fatality may not
have happened.
Copyright 2002 Pest Control Operators of California Inc.
Fall Hazard Issues:
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OSHA mandates fall protection for
employees. It is pretty clear that one way
or another, fumigators fall under these
standards.
Most Common OSHA solutions to our
height hazards:
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Scaffolding
Fall protection systems with harnesses.
Industry Response: Cost are Prohibitive
OSHA Response:
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expense is NEVER an acceptable reason
not to implement systems to protect
worker health & safety.
Costs should be simply passed along to
the consumer
Copyright 2002 Pest Control Operators of California Inc.
The Oregon Negotiated Solution
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Professionally
installed, or industry
(fumigator) installed
OSHA approved
Anchor Points, and
connecting wires
and…
Copyright 2002 Pest Control Operators of California Inc.
Oregon Agreement Continued
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Employee Harnesses and full
OSHA fall protection plan …..
Not mandated (from what I saw
in writing) but probably a
necessary are Self-Retracting
life lines as pictured on the left.
Copyright 2002 Pest Control Operators of California Inc.
Horizontal Lifeline anchored
to ends of ridgeline
Copyright 2002 Pest Control Operators of California Inc.
Sloped Roof Fall Arrest System
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Anchored at ridgeline and near roof edge
Copyright 2002 Pest Control Operators of California Inc.
c
Practical
Sloped Roof
Fall Arrest
Systems:
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Kits for
compliance are
readily available:
the one pictured
sells on the web
for less than
$200.00
Copyright 2002 Pest Control Operators of California Inc.
Fall Protection Continued
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Probably the most difficult part of this system to set
up and be addressed is the restriction of movement
as to prevent the employee from falling off or from
hitting the ground should he fall. This limitation will
restrict the ability of the
fumigator to move about
the rooftop.
Copyright 2002 Pest Control Operators of California Inc.
Additional Possible Solution for
Working near Edges
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Portable Tie-offs
Scaffolds
Copyright 2002 Pest Control Operators of California Inc.
Ladder Use
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Issues of maximum weight on
ladder
Both hands must be used for
climbing or working from ladder
Can’t carry anything which might
interfere with climbing ladder
Copyright 2002 Pest Control Operators of California Inc.
Ladders: Weight Rating
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Most ladders come in 200, 225,
250, and 300 pound ratings.
Even using the 300 pound rating
ladder it is still easy to exceed the
weight rating when you combine
the weight of the fumigator 160190 pounds average with the
weight of the tarp 90-150 pounds.
Many fumigators have lower
weight rated ladders in service.
Copyright 2002 Pest Control Operators of California Inc.
Ladders: Carrying Items
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Cal/OSHA Code says we can not
have anything in our hands which
will interfere with climbing the
ladder.
Basic rule both hands need to be
free when climbing ladder
Working from ladder as shown on
the left is an OSHA no-no.
In Hawaii – fumigators specifically
must use “lifts” to carry tarps up to
the rooftop.
Copyright 2002 Pest Control Operators of California Inc.
In Hawaii: OSHA has said specifically
that Ladder Lifts or something similar
are to carry tarps up to roof:
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Other lifts have
been used as well,
but this general
design (several
manufacturers)
seems most
practical if we are
to comply with the
law
Copyright 2002 Pest Control Operators of California Inc.
Hand crank & more
power Lifts
Copyright 2002 Pest Control Operators of California Inc.
Securing Ladders
Working From Ladders
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Ladders need to be secured both at the
bottom and top to ensure it does not slip
Industry has discussed “tying off” workers
to ladders to ensure safety, and allow the
workers to clip seams from ladders. This is
a great idea, but we will have to properly
secure the ladders so they will support the
worker should they fall: In a June 4, 1991
Interpretation letter of Section 1910 makes
it clear that industry must demonstrate
how and that the ladder will stay in place if
a tied off worker were to fall.
Copyright 2002 Pest Control Operators of California Inc.
PCOC Working with OSHA
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We are tracking these situations to
see what fines and violations are
issued
Provided Cal-OSHA with the
Height and Ladder safety
programs which are part of the
larger PCOC Fumigation Safety
Package.
Copyright 2002 Pest Control Operators of California Inc.
PCOC Exploring Options:
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Seek Variance: - normally only done by
individual companies, not industries.
Develop Plan for how we might fit into the
current regulatory structure.
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We will write up a compliance plan for the
industry
We may write and as for “interpretations” to
clarify existing law to see if our creative
compliance ideas really do fit into the law.
Seek Regulatory Changes so that we have
our own set of law which applies to us.
Learning More from Hawaii
Representatives from the PCOC Fumigation
Committee along with Northern & Southern
California Subcontract fumigators groups:
meeting to develop strategy & address these
issues.
Copyright 2002 Pest Control Operators of California Inc.
Current Plan: Develop an OSHA
Compliant Protocol
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Work under Roofing Rules
Ladders Secured at top & bottom
Lifts for tarps
Personal Fall Protection Plan and
equipment for structures with any
portion of the roof over 21 feet.
Currently testing equipment
Copyright 2002 Pest Control Operators of California Inc.
Pest Control Technician Dies in 100
Foot Fall from Roof in Massachusetts
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On August 13, 1997, a 25 year old male pest control
technician died when he fell from the roof of an apartment
building. The technician was spraying for spiders in the
vents and other parts of the roof when the incident occurred.
While spraying along a gutter of a roof-top penthouse, the
technician walked off the edge of the roof and fell nine
stories to the parking lot below.
The victim was a 25 year old male pest control technician.
He was employed by the company for approximately seven
months and was at the jobsite for less than an hour at the
time of the incident. He had formal training in college in
integrated pest management prior to joining the company.
Copyright 2002 Pest Control Operators of California Inc.
OSHA Fatality Assessment &
Control Evaluation of Tech Death:
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Recommendation #1: Employers should
develop and implement a site specific health and
safety plan for each site under contract.
Recommendation #2: Employers should employ
alternative controls for fall hazards when personal
fall arrest systems are not required or
appropriate.
Recommendation #3: Building owners should
consider the installation of guardrails at the
perimeter of flat roofs wherever possible.
Copyright 2002 Pest Control Operators of California Inc.
Fumigation Risk Management :
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From 1996 through 1999 the PCOC
Safety Committee worked with the
PCOC Termite Committee to develop a
semi-comprehensive “Fumigation Risk
Management” package for PCOC
members.
Adopted June 19, 1999 by the PCOC
Board of Directors as a
“recommendation to PCOC member
companies”
It was developed to address these
issues by the fumigation industry insisted
that the “standards” and issues
addressed in this book do not go beyond
what was their current practices.
Copyright 2002 Pest Control Operators of California Inc.
Fumigation Risk
Management Package
contains the following core documents:
1. Cal-OSHA General Standards as
edited for the Fumigation Industry
2. Fumigation Ladder Safety
3. Fumigation Lifting Safety
4. Fumigation Hazard of Heights
5. Fumigation General Hazards &
Ground Crew
6. Fumigation Rain & Wind Hazards
Copyright 2002 Pest Control Operators of California Inc.
Additionally the
Package contains:
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Written Injury & Illness Prevention
Program Outline
SCBA Training
Bi-annual Defensive Drivers
Training (OSHA & DOT Mandated)
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Bi-annual HM 181 & 126f Training
DOT Mandated Random Drug &
Alcohol Testing information
 Pesticide Safety Training
 Hazard Communication Training
Copyright 2002 Pest Control Operators of California Inc.
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1.
2.
Bonus
Safety
Meetings
also
included
3.
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5.
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11.
12.
13.
14.
15.
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17.
18.
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20.
Defensive Driving Tips & Quiz
What to do in Case of a Traffic
Accident
21.
Vehicle Code & Safety Quiz
How to Properly Sit in Your
22.
Vehicle
Safety at Work and Home:
23.
Children's Safety Seats
Physical Laws of Driving
24.
Driving in the Dark
Defensive Driving Quiz
25.
Driving & Car Phones
26.
Seat Belts
27.
Speeding
1997 CHP Fatal and Injury Traffic 28.
Collision Statistics
1997 CHP Quick Collision Facts 29.
CHP & OTS Winter Driving Fact 30.
& Tip Sheet
31.
Fumigation & Auto Sensor
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Lights
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Fumigator Back Injuries
34.
Hidden Hazards
35.
Water & Rain Hazards
36.
Preventing Back Injuries
WORKER RIGHT TO
KNOW/ HAZARD
COMMUNICATION
COMPRESSED GAS
CYLINDERS
DOT HAZMAT RULES
REVIEW
ACCIDENT$ CO$T YOU
MONEY
ANIMAL BITES A
FORGOTTEN HAZARD
Falls Are Not Funny
Safe Use of Ladders for
PCOs - Review
The Dangerous Four
Erection and Use of
Ladders
Falling Objects
Falls
Guardrails
Hazards of Falls
Ladder Safety
Slips Trips & Falls
Safe Scaffolding
Ladder Accident Analysis
& Prevention
Copyright 2002 Pest Control Operators of California Inc.
More Safety Resources from
the Peacock Group – PCOC
Insurance Program
www.pcoc.org
www.peacockgroup.org
www.pcocinsurance.com
Copyright 2002 Pest Control Operators of California Inc.
Copyright 2002 Pest Control Operators of California Inc.