Transcript Powerpoint PPTX
An OSHA Update for
Scott G. Shimandle Compliance Assistance Specialist USDOL/OSHA – Allentown Area Office October 2, 2014
Disclaimer
This information is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov
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Presentation Overview
OSHA’s Spring 2014 Unified Agenda
◦ ◦ ◦ Updates to OSHA’s Recordkeeping Rule
Current Initiatives
◦ Nursing Home – NEP Overview
Most Frequently Cited OSHA Violations
National Top 10 Region III – Federal OSHA Offices
Hazard Communication aka Globally Harmonized System (GHS)
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OSHA’s Unified Agenda
Spring 2014 4
Spring 2014 Unified Agenda: Pre-rule Stage
Title Bloodborne Pathogens Infectious Diseases Preventing Backover Injuries and Fatalities Combustible Dust Chemical Management and Permissible Exposure Limits (PELs) Process Safety Management and Prevention of Major Chemical Accidents Shipyard Fall Protection – Scaffolds, Ladders and Other Working Surfaces Communication Towers Emergency Response and Preparedness RIN 1218-AC34 1218-AC46 1218-AC51 1218-AC41 1218-AC74 1218-AC82 1218-AC83 1218-AC90 1218-AC91 6
Spring 2014 Unified Agenda: Proposed Rule Stage Title RIN Occupational Exposure to Crystalline Silica 1218-AB70 Occupational Exposure to Beryllium 1218-AB76 Standards Improvement Project IV Amendments to the Cranes and Derricks in Construction Standard Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness Cranes and Derricks in Construction: Operator Certification 1218-AC67 1218-AC81 1218-AC84 1218-AC86 Updating OSHA Standards Based on National Consensus Standards Eye and Face Protection 1218-AC87 7
Fall 2014 Unified Agenda: Final Rule Stage Confined Spaces in Construction Title RIN 1218-AB47 Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67 Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) 1218-AB80 Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act; Surface Transportation Assistance Act; and Federal Railroad Safety Act – Corp. Criminal Fraud Accountability Act of 2002; the Consumer Financial Protection Act, the Seaman’s Protection, the FDA, Affordable Care Act, Moving Ahead for Progress in the 21 st Century Act 1218-AC36 1218-AC53 1218-AC58 1218-AC79 1218-AC88 Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions Improve Tracking of Workplace Injuries and Illnesses Approved State Plans for Occupational Safety and Health 1218-AC50 1218-AC49 1218-AC76 8
OSHA’s Recordkeeping Revisions
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OSHA Recordkeeping Changes
◦ ◦ ◦ Updated list of industries that are exempt from the requirement to routinely keep OSHA injury and illness records.
Previous list used the Standard Industrial Classification (SIC) system from the Bureau of Labor Statistics (BLS) from 1996-1998.
New list is based on North American Industrial Classification System (NAICS) from BLS from 2007 2009.
Retains the exemption for any establishment with ten or fewer employees, regardless of their industry classification. 10
OSHA Recordkeeping Changes (cont’d)
Rule also added (Table 2) Industries that include establishments newly required to keep records.
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Industries That Include Establishments that Would Be Newly Required to Keep Records NAICS CODE 3118 4411 4413 4441 4452 4453 4539 4543 5311 5313 5322 5324 5419 Title of NAICS Code Bakeries and tortilla manufacturing Automobile dealers Automotive parts, accessories, and tire stores Building material and supplies dealers Specialty food stores Beer, wine, and liquor stores Other miscellaneous store retailers Direct selling establishments Lessors of real estate Activities related to real estate Consumer goods rental Commercial and industrial machinery and equipment rental and leasing Other professional, scientific, and technical services 12
Industries That Include Establishments that Would Be Newly Required to Keep Records NAICS CODE 5612 5617 5619 6219 6241 6242 7111 7113 7121 7139 7223 8129 Title of NAICS Code Facilities support services Services to buildings and dwellings Other support services Other ambulatory health care services Individual and family services Community food and housing, and emergency and other relief services Performing arts companies Promoters of performing arts, sports, and similar events Museums, historical sites, and similar institutions Other amusement and recreation industries Special food services Other personal services 13
OSHA Recordkeeping Changes (cont’d)
Rule expands the list of severe work-related injuries and illnesses that all covered employers must report to OSHA within 24 hours of learning about it.
◦ ◦ ◦ Inpatient hospitalizations of one or more employee All work-related amputations All work-related losses of an eye Retains the requirement to report all fatalities within 8 hours.
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OSHA Recordkeeping Changes (cont’d)
◦ Amputations - The traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut-off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts that have since been reattached.
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OSHA Recordkeeping Changes (cont’d)
◦ ◦ ◦ Do not have to “report” an event if it: Resulted from a motor vehicle accident on a public street or highway. Must report the event if it occurred within a construction work-zone. No change.
Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, streetcar, light rail, train). No change.
Occurred more than 30 days after the work-related incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an inpatient hospitalization, amputation, or loss of an eye. 16
OSHA Recordkeeping Changes (cont’d)
◦ ◦ Do not have to “report” an event if it: Employer do not have to report the inpatient hospitalization if it was for diagnostic testing or observation only.
Inpatient hospitalization = formal admission to the inpatient service of a hospital or clinic for care or treatment. 17
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OSHA’s Emphasis Programs
Local/Regional Emphasis Programs National Emphasis Programs Special Emphasis Programs 20
Region III Local / Regional Emphasis Program
(DE, DC, MD,** PA, VA,** WV) Directive Title 2014-01 (CPL 04) 2014-02 (CPL 04) 2014-03 (CPL 04) 2014-04 (CPL 04) 2014-07 (CPL 04) Regional Emphasis Program for the Oil and Gas Service Industry Regional Emphasis Program Involving Exposure to Hexavalent Chromium (VI) Regional Emphasis Program for Fall Hazards in the Construction Industry Regional Emphasis Program – Silica Local Emphasis Program for Health Hazards in Metal Fabrication Except Structural 2014-11 (CPL 04) Local Emphasis Program for Logging in West Virginia 2014-20 (CPL 04) 2014-32 (CPL 04) 2014-05 Local Emphasis Program for Ship/Boat Building and Repair Regional Emphasis Program for High Level Noise Regional Emphasis Program for Tree Trimming and Clearing Operations
OSHA Emphasis Programs
National Emphasis Programs (NEP) COMBUSTIBLE DUST Emphasis Program on Combustible Dust (Reissued) (Date: 03/11/2008) OSHA Instruction CPL 03-00-008 National HAZARDOUS MACHINERY National Emphasis Program on Amputations (Date: 10/27/2006) OSHA Instruction CPL 03-00-003 HEXAVALENT CHROMIUM National Emphasis Program - Hexavalent Chromium (Date: 02/23/2010) OSHA Instruction CPL 02-02-076 LEAD OSHA Instruction CPL 03-00-009 on Lead (Date: 08/14/2008) National Emphasis Program PRIMARY METALS INDUSTRIES OSHA Instruction CPL 03-00-013 Primary Metal Industries (Date: 05/19/2011) 22
OSHA Emphasis Programs (cont’d)
National Emphasis Programs (cont’d) PROCESS SAFETY MANAGEMENT CPL 03-00-014 PSM Covered Chemical Facilities National Emphasis Program (Date:11/29/2011) SILICA OSHA Instruction CPL 03-00-007 National Emphasis Program on Crystalline Silica (Date: 01/24/2008) NURSING AND RESIDENTIAL CARE FACILITIES CPL 03-00-016 Residential Care Facilities (Date: 04/05/2012) OSHA Instruction National Emphasis Program on Nursing and ISOCYANATES OSHA Instruction CPL 03-00-017 National Emphasis Program – Occupational Exposure to Isocyanates (Date: 06/20/2013) SHIPBREAKING OSHA Instruction CPL 03-00-012 National Emphasis Program on Shipbreaking (Date: 11/04/2010) 23
OSHA Emphasis Programs (cont’d)
Special Emphasis Programs FEDERAL AGENCIES OSHA Notice 11-04 (FAP 01) Agency Targeting Inspection Program (FEDTRG12) (Date:12/23/2011) Federal TRENCHING & EXCAVATION OSHA Instruction CPL 02-00 069 [CPL 2.69] Special Emphasis Program on Trenching and Excavation (Date: 9/19/1985) 24
Overview of Nursing Home
National Emphasis Program Nursing and Residential Care Facilities
DIRECTIVE NUMBER: CPL 03-00-016 EFFECTIVE DATE: April 5, 2012
Background (cont’d)
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NEP is focusing on:
Ergonomic stressors (e.g., relating to resident handling) Exposure to blood and other potentially infectious materials Exposure to tuberculosis Workplace violence Slips, trips, and falls 26
Inspection Procedures
Recordkeeping Ergonomics: MSD Risk Factors Relating to Resident Handling Slips, Trips and Falls Bloodborne Pathogens ◦ ◦ Tuberculosis (TB) Workplace Violence Other Hazards Methicillin-resistant Staphylococcus aureus (MRSA) and other multi-drug resistant organisms (MDROs) Hazard Communication
Appendices
Appendix A – CSHO Quick Reference for Data Collection Appendix B – Release and Consent Form Appendix C – Reference Material for Nursing Home National Emphasis Program Appendix D – Sample 5(a)(1) AVD for Resident Handling Hazards Appendix E – Sample 5(a)(1) AVD for MRSA Exposure
OSHA’s Areas of Focus and Initiatives
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Current Agency Focus Areas/Initiatives
Strengthening our Whistleblower Program Hospitals and Healthcare Oil and Gas Drilling Ergonomics Crystalline Silica Reducing Exposures to Hazardous Chemicals Protecting Vulnerable Workers - English As a Second Language Employees
Current Agency Focus Areas/Initiatives
Falls in Construction Heat Stress Globally Harmonized System Workplace Violence Highway/Roadway Work Zone Safety Protecting Temporary and Contract Workers Isocyanates
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Top OSHA Violations
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Top 10 Violations for the Nation* in FY’14
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Fall Protection in Construction (1926.501) Hazard Communication (1910.1200) Scaffolding in Construction (1926.451) Respiratory Protection (1910.134) Lockout/Tagout (1910.147) Powered Industrial Trucks (1910.178) Electrical – Wiring Methods (1910.305) Ladders in Construction (1926.1053) 9.
Machine Guarding (1910.212) 10.
Electrical – General Requirements (1910.303) 34
Top 20 Violations in General Industry issued since 2012 (Region III)
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Hazard Communication (1910.1200) Respiratory Protection (1910.134) Control of Hazardous Energy (LO/TO) (1910.147) Occ. Exposure to Bloodborne Pathogens (1910.1030) Electrical Equipment – General (1910.303) Electrical Wiring & Comp. – General (1910.305) Powered Industrial Trucks – (1910.178) Machine Guarding – General (1910.212) Occupational Noise (1910.95) Personal Protective Equipment (1910.132) 35
Top 20 Violations in General Industry issued since 2012 (Region III)
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Guarding Floor and Wall Openings (1910.23) Portable Fire Extinguishers (1910.157) Abrasive Wheel Machinery (1910.215) Walking-Working Surfaces – General (1910.22) Mtnc & Operational Features for Exit Routes (1910.37) Section 5(a)(1) of OSH Act Mech. Power-Transmission Apparatus (1910.219) Medical Services and First Aid (1910.151) Process Safety Mgmt. of HHC (1910.119) Eye and Face Protection (1910.133) 36
Top 10 Violations in Construction issued since 2012 (Region III)
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Duty to have Fall Protection (1926.501) Hazard Communication (1910.1200) Scaffolds – General Requirements (1926.451) Respiratory Protection (1910.134) Control of Hazardous Energy (LO/TO) (1910.147) Ladders (1926.1053) Fall Protection – Training Requirements (1926.503) Occ. Exposure to Bloodborne Pathogens (1910.1030) Electrical Equipment – General (1910.303) Electrical Wiring & Comp. – General (1910.305) 37
Standards Overview
Lockout/Tagout Energy Control Procedures Periodic Inspections Training and Communication Adequate Hardware Hazard Communication Written Plan – General Information & Training Labeling of Containers MSDS (SDS)-Maintenance 38
Standards Overview
Electrical Wiring Methods Use of flexible cords Conductors into boxes Identification, splices… Covers and canopies Temporary Wiring Powered Industrial Trucks Safe Operation Refresher Training/Eval Certification Truck Inspections Maintenance 39
Standards Overview
Machine Guarding Types of Guarding Point of Operation Guarding Barrels, Containers and Drums Exposure of Blades Anchoring of fixed equipment/machinery Respiratory Protection Written Program Medical Evaluations Fit-Testing Training Use and Selection of Respirator 40
Standards Overview
Electrical - General Installation and Use Space around equip.
Guarding of live parts Marking of services, … Free of recognized hazards Others 41
Construction Standards Overview
Fall Protection Residential Construction Unprotected Edges/Sides Roofing Work–Low Slope Steep Roofs Protection from holes and skylights Scaffolds Fall Protection Decking/Planking Access Foundation/Base Guardrails 42
Construction (cont’d)
Ladders Not Securing or Extending Not being used as designed Top step being used Broken ladder being used Carrying loads which could lead to a fall Others 43
Hazard Communication
PPT-016-03 2
General Standard Requirements
• A written program to cover issues of chemical safety and hazard communication (HAZCOM). • Labels to identify each chemical.
• Material Safety Data Sheets (MSDSs) (now SDSs under the Globally Harmonized System: GHS).
• Employee training on SDS information and safe chemical procedures and practices.
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Why did OSHA align the HCS with GHS?
◦ ◦ ◦ A common, coherent approach to classifying and communicating chemical hazards.
Harmonized definitions of hazards Specific criteria for labels Harmonized format for safety data sheets
Modifications/Notable changes
◦ ◦ ◦ ◦ ◦ ◦ ◦ Using a “specification” approach rather than a “performance-oriented” approach “Hazard classification” rather than “hazard determination” Labels are more defined and will now require: Product identifier Pictogram Signal word Hazard statement(s) Precautionary statement(s) Name, address, and telephone number “Safety data sheet” (rather than “Material Safety Data Sheet”) uses a 16-section format.
Organization of the Final Rule
a) Purpose b) S cope and Application c) Definitions d) Hazard Classification e) Written Hazard Communication Program f) Labels and Other Forms of Warning g) Safety Data Sheets h) Employee Information and Training i) Trade Secrets j) Effective Dates Appendices A –F
Appendices
• Appendix A, Health Hazard Criteria ( Mandatory ) (NEW) • Appendix B, Physical Hazard Criteria ( Mandatory ) (NEW) • Appendix C, Allocation of Label Elements ( Mandatory ) (NEW) • Appendix D, Safety Data Sheets (Mandatory) (NEW) • Appendix E, Definition of “Trade Secret” ( Mandatory ) • Appendix F, Guidance for Hazard Classifications re: Carcinogenicity (Non-Mandatory) (NEW)
Written Plan
• • • • • How SDS filing requirements are being met Type of labeling system being used Detailed information on training and compliance Methods to inform employees of non routine tasks and safe procedures Methods to inform outside contractors of the HAZCOM program
Contractor Requirements
• Contractors must abide by the applicable provisions of federal, state and local hazard communication and right to know laws/regulations.
• Any contractor found not meeting the provisions of the laws or contractor requirements may be required to cease work until compliance is achieved.
Label Requirements
Chemical manufacturer, importer or distributor must ensure each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with: Product identifier Signal word Hazard statement(s) Pictogram(s) Precautionary statement(s) Name, address, and phone number of the responsible party
Labels (cont’d)
◦ ◦ Small packages No exemptions for small packages OSHA provides practical accommodations on a case-by-case basis Pictograms ◦ ◦ Blank pictograms are not permitted on a label No size requirements for labels Must be legible
Workplace Labeling
No change to general workplace labeling requirements HMIS labels and NFPA ratings, by themselves, are not sufficient for workplace labels ◦ NFPA rating systems used for emergency response Before the June 1, 2015 deadline, employers may use labels compliant with HCS 1994.
HCS Pictograms and Hazards
Label Example
Pictograms Hazard Statements Product Identifier Signal Word Precautionary statements Name, address and phone number
16-Section Safety Data Sheet
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Identification of the substance or mixture and of the supplier Hazards identification Composition/information on ingredients Substance/Mixture First aid measures Firefighting measures Accidental release measures Handling and storage Exposure controls/personal protection Physical and chemical properties 10.
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Stability and reactivity Toxicological Ecological information ( non mandatory ) Disposal considerations ( non mandatory ) Transport information ( non mandatory ) Regulatory information ( non mandatory ) Other information including information on preparation and revision of the SDS
Effective Dates
◦ Covered employers must complete all training regarding the new label elements and Safety Data Sheet (SDS) format by December 1, 2013 .
Provisions for preparation of new labels and SDSs by June 1, 2015 .
However, distributors will have an additional 6 months ( December 1, 2015 ) to distribute containers with manufacturer’s labels in order to accommodate those they receive very close to the compliance date.
Employers will also be given an additional year ( June 1, 2016 ) to update their hazard communication programs or any other workplace signs, if applicable.
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Questions?
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ALLENTOWN AREA OFFICE
USDOL/OSHA
Allentown Area Office Stabler Corporate Center 3477 Corporate Parkway, Suite 120 Center Valley, PA 18034 Office Phone: (267) 429-7542 Fax: (267) 429-7567