Transcript Elements of OSHA - North Dakota Grain Dealers Association

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Elements of OSHA
What to Expect from an Inspection
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NAICS Code 42451
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Grain & Field Bean
Merchant Wholesalers
• 41 Inspections listed
• 39 Citations
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Grain LEP Enforcement Data
Inspections Conducted
2009
2010
2011
2012
238
296
380
629
198
225
281
436
858
1289
1552
1343
Inspections Resulting in Violations
Total Violations Issued
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What is being cited?
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Most Frequently cited standards in 1910.272 include:
•1910.272 J01 – failure to implement a written housekeeping program for fugitive dust.
•1910.272 G01 I – failure to issue a permit prior to entering the bin.
•1910.272 G01 II – failure to deenergize and disconnect all equipment in a grain storage structure before employees enter.
•1910.272 G04 – failure to provide rescue equipment suitable for the bin being entered.
•1910.272 E02 – failure to train employees for special tasks, such as bin entry.
•1910.272 G02 – failure to provide lifelines and harnesses for employees entering the bin at or above the level of the grain.
•1910.272 J02 II – failure to immediately remove fugitive dust accumulations, or provide equivalent protection.
•1910.272 D – failure to implement an emergency action plan.
•1910.272 G01 III – failure to test the atmosphere within a bin before employees enter.
•1910.272 M03 – failure to maintain a certification record of performed preventative maintenance inspections.
Most Frequently cited standards for LEP Grain Inspections:
•1910.272 – Grain handling facilities
•1910.219 – Mechanical power-transmission apparatus
•1910.023 – Guarding floor and wall openings and holes
•1910.146 – Permit-required confined spaces
•1910.305 – Wiring methods, components, and equipment for general use
•1910.1200 – Hazard Communication
•1910.134 – Respiratory Protection
•1910.147 – The control of hazardous energy (lockout/tagout)
•1910.027 – Fixed Ladders
•1910.303 – Electrical, General Requirements
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Permit Required Confined
Space(PRCS)
"Confined space" means a space that:
(1) Is large enough and so configured that an
employee can bodily enter and perform assigned
work; and
(2) Has limited or restricted means for entry or exit
(for example, tanks, vessels, silos, storage bins,
hoppers, vaults, and pits are spaces that may have
limited means of entry.); and
(3) Is not designed for continuous employee
occupancy.
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Permit Required Confined
Space(PRCS)
Permit Required Confined Spaces (defined)
•Contains or has a potential to contain a hazardous atmosphere
•Contains a material that has the potential for engulfing an entrant
•Has an internal configuration such that an entrant could be trapped or
asphyxiated by inwardly converging walls or by a floor which slopes
downward and tapers to a smaller cross-section; or
•Contains any other recognized serious safety or health hazard
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Permit Required Confined
Space(PRCS)
For the standard to apply, the space must:
• Meet All of the definitions of a “confined space”; AND
• Have a characteristic that makes it “permit required”
*PRCS does apply to grain storage stuctures
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Permit Required Confined
Space(PRCS)
Who Decides?
1910.146(c)(1) The employer shall evaluate the workplace to
determine if any spaces are permit-required confined spaces.
NOTE: Proper application of the decision flow chart in
Appendix A to section 1910.146 would facilitate compliance
with this requirement.
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Permit Required Confined
Space(PRCS)
Issues:
• OSHA in North Dakota treating boot pits as “automatic” PRCS
• Attitude is there is always a “potential” for an atmospheric
hazards (H2S, CO, 02 deficiency)
• January 1, 1996-December 31, 2008-44 listed inspections PRCS
standard cited 2 times
• January 1, 2009-January 6, 2014- listed inspections PRCS standard
cited 39 times
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Permit Required Confined
Space(PRCS)
Where do we stand?
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NGFA Evaluation Guide
Still being cited
Decided in court through
contest
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Sweep Auger Update
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History
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Series of Interpetation Letters changed enforcement practices
beginning in 2009
OSHA resisted attempts by industry to educate on sweep augers
OSHA issued additional Interpretation Letters 5/11 & 2/12
Emphasis programs coupled with Interpretation Letters led to
surge of sweep auger violations
However, based on the additional information provided in your October 15th letter, OSHA is not aware of any effective
means or method that would protect a worker from the danger presented by an unguarded sweep auger operating inside a
grain storage structure. Accordingly, unless the employer can eliminate all hazards presented by an energized unguarded
sweep auger, operating such a device with workers inside a grain storage structure would be in violation of Section
1910.272(g)(1)(ii) or Section 1910.272(h)(2)(i)
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Sweep Auger Update
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2 cases (fed OSHA & Maryland OSHA) resulted in ALJ
decisions vacating sweep auger citations b/c OSHA could not
prove that:
–Employees worked in the “zone of danger”; or
–The sweep augers were inadequately guarded
• Neither case became binding legal precedent
• Despite losing litigation, OSHA continued to issue sweep
auger citations
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• Illinois company cited despite using both administrative &
engineering controls to keep employees out of danger zone
• OSHA withdrew citation and agreed to settlement terms that
provided guidance re: acceptable alternative sweep auger
operations
• Settlement incorporated 10 Sweep Auger Safety Principles
that permit employees inside grain bins w/ energized sweep
augers
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Sweep Auger Update
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• 10 Sweep Auger Safety Principles were reviewed and approved
by OSHA’s National Office in Washington, DC
• Area Director, Regional Administrator, and Deputy Assistant
Sec’y of Labor indicated OSHA’s intent for 10 Sweep Auger
Safety Principles to become federal OSHA policy
• May 3, 2013 Enforcement Memorandum from Director of
Enforcement Programs to all Regional Administrators & State
Plans Designees
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10 Sweep Auger Safety Principles
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1. Follow 1910.272 permit requirements
2. De-energized & LO/TO sweep and subfloor augers before
setting-up/digging-out
3. Install & secure grate/guard over subfloor auger
4. Guard the top and back of the sweep auger
5. Post a rescue-trained & equipped observer outside the bin
6. No walking on grain that is deep enough to present an
engulfment hazard
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10 Sweep Auger Safety Principles
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7.Do not use hands, legs, or other similar means to
manipulate/dislodge an energized sweep auger
8.Install a speed control mechanism or bin stop device to
eliminate the uncontrolled rotation of the sweep auger around
the bin
9.To adjust or perform maintenance on a sweep auger, it must
be unplugged (w/ plug controlled by adjuster) or locked out
10.Implement engineering controls to prevent contact with
an energized sweep auger
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10 Sweep Auger Safety Principles
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Engineering Controls
• Bin stop device #8
• Auger with “standard
guardrail” attached.
Compliant with machine
guarding standard.
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Engineering Controls
• Portable Operator Standard Guard Rail Enclosure
w/dead-man switch (only allows auger to operate
when worker is within)
•Auger w/ Control Mechanism
(e.g., a Safety Handle w/deadman switch) that only allows
auger to operate when operator
is in contact w/ the controls
(worker must be positioned at
least 7’ behind sweep auger)
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Recordkeeping Minimum
• OSHA 300 Logs (10 or more employees)
• Housekeeping Records (implementation)
• Preventive Maintenance Inspection Records
• Bin Entry Program (need not keep permits)
• Hot Work Program (need not keep permits)
• Confined Space Entry Permits (kept on file 1 yr)
• Contractor Acknowledgement
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Save the Date
NGFA Grain Handling Safety Seminar
Wednesday-March, 26 2014
Ramada Plaza Suites-Fargo, ND
Sponsored by NDGDA-MGFA-SDGFA