An OSHA Updatefor

Scott G. ShimandleCompliance Assistance SpecialistUSDOL/OSHA – Allentown Area OfficeOctober 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.

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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Spring 2014

OSHA’s Unified Agenda

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Title RIN

Bloodborne Pathogens 1218-AC34

Infectious Diseases 1218-AC46

Preventing Backover Injuries and Fatalities 1218-AC51

Combustible Dust 1218-AC41

Chemical Management and Permissible Exposure Limits (PELs) 1218-AC74

Process Safety Management and Prevention of Major Chemical Accidents

1218-AC82

Shipyard Fall Protection – Scaffolds, Ladders and Other Working Surfaces

1218-AC83

Communication Towers 1218-AC90

Emergency Response and Preparedness 1218-AC91

Spring 2014 Unified Agenda: Pre-rule Stage

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Title RIN

Occupational Exposure to Crystalline Silica 1218-AB70

Occupational Exposure to Beryllium 1218-AB76

Standards Improvement Project IV 1218-AC67

Amendments to the Cranes and Derricks in Construction Standard 1218-AC81

Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness

1218-AC84

Cranes and Derricks in Construction: Operator Certification 1218-AC86

Updating OSHA Standards Based on National Consensus Standards Eye and Face Protection

1218-AC87

Spring 2014 Unified Agenda: Proposed Rule Stage

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Title RIN

Confined Spaces in Construction 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 21st Century Act

1218-AC36 1218-AC531218-AC581218-AC791218-AC88

Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

1218-AC50

Improve Tracking of Workplace Injuries and Illnesses 1218-AC49

Approved State Plans for Occupational Safety and Health 1218-AC76

Fall 2014 Unified Agenda: Final Rule Stage

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.

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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 RecordsNAICS CODE Title of NAICS Code 

3118 Bakeries and tortilla manufacturing

4411 Automobile dealers

4413 Automotive parts, accessories, and tire stores

4441 Building material and supplies dealers

4452 Specialty food stores

4453 Beer, wine, and liquor stores

4539 Other miscellaneous store retailers

4543 Direct selling establishments

5311 Lessors of real estate

5313 Activities related to real estate

5322 Consumer goods rental

5324 Commercial and industrial machinery and equipment rental and leasing

5419 Other professional, scientific, and technical services

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Industries That Include Establishments that Would Be Newly Required to Keep RecordsNAICS CODE

Title of NAICS Code 

5612 Facilities support services

5617 Services to buildings and dwellings

5619 Other support services

6219 Other ambulatory health care services

6241 Individual and family services

6242 Community food and housing, and emergency and other relief services

7111 Performing arts companies

7113 Promoters of performing arts, sports, and similar events

7121 Museums, historical sites, and similar institutions

7139 Other amusement and recreation industries

7223 Special food services

8129 Other personal services

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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.

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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.

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Local/Regional Emphasis Programs National Emphasis ProgramsSpecial Emphasis Programs

OSHA’s Emphasis Programs

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Region III Local / Regional Emphasis Program (DE, DC, MD,** PA, VA,** WV)Directive Title

2014-01 (CPL 04)Regional Emphasis Program for the Oil and Gas Service Industry

2014-02 (CPL 04)Regional Emphasis Program Involving Exposure to Hexavalent Chromium (VI)

2014-03 (CPL 04)Regional Emphasis Program for Fall Hazards in the Construction Industry

2014-04 (CPL 04) Regional Emphasis Program – Silica

2014-07 (CPL 04)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) Local Emphasis Program for Ship/Boat Building and Repair

2014-32 (CPL 04) Regional Emphasis Program for High Level Noise

2014-05 Regional Emphasis Program for Tree Trimming and Clearing Operations

National Emphasis Programs (NEP)

COMBUSTIBLE DUST - OSHA Instruction CPL 03-00-008 National Emphasis Program on Combustible Dust (Reissued) (Date: 03/11/2008)

HAZARDOUS MACHINERY - OSHA Instruction CPL 03-00-003 National Emphasis Program on Amputations (Date: 10/27/2006)

HEXAVALENT CHROMIUM - OSHA Instruction CPL 02-02-076 National Emphasis Program - Hexavalent Chromium (Date: 02/23/2010)

LEAD - OSHA Instruction CPL 03-00-009 National Emphasis Program on Lead (Date: 08/14/2008)

PRIMARY METALS INDUSTRIES - OSHA Instruction CPL 03-00-013 Primary Metal Industries (Date: 05/19/2011)

OSHA Emphasis Programs

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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 - OSHA Instruction CPL 03-00-016 National Emphasis Program on Nursing and Residential Care Facilities (Date: 04/05/2012)

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)

OSHA Emphasis Programs (cont’d)

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Special Emphasis Programs

FEDERAL AGENCIES - OSHA Notice 11-04 (FAP 01) Federal Agency Targeting Inspection Program (FEDTRG12) (Date:12/23/2011)

TRENCHING & EXCAVATION - OSHA Instruction CPL 02-00-069 [CPL 2.69] Special Emphasis Program on Trenching

and Excavation (Date: 9/19/1985)

OSHA Emphasis Programs (cont’d)

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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)

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

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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 (*Federal OSHA)

1. Fall Protection in Construction (1926.501)2. Hazard Communication (1910.1200)3. Scaffolding in Construction (1926.451)4. Respiratory Protection (1910.134)5. Lockout/Tagout (1910.147)6. Powered Industrial Trucks (1910.178)7. Electrical – Wiring Methods (1910.305)8. Ladders in Construction (1926.1053)9. Machine Guarding (1910.212)10.Electrical – General Requirements (1910.303)

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Top 20 Violations in General Industry issued since 2012 (Region III)

1. Hazard Communication (1910.1200)2. Respiratory Protection (1910.134)3. Control of Hazardous Energy (LO/TO) (1910.147)4. Occ. Exposure to Bloodborne Pathogens (1910.1030)5. Electrical Equipment – General (1910.303)6. Electrical Wiring & Comp. – General (1910.305)7. Powered Industrial Trucks – (1910.178)8. Machine Guarding – General (1910.212)9. Occupational Noise (1910.95) 10. Personal Protective Equipment (1910.132)

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Top 20 Violations in General Industry issued since 2012 (Region III)

11. Guarding Floor and Wall Openings (1910.23)12. Portable Fire Extinguishers (1910.157)13. Abrasive Wheel Machinery (1910.215)14. Walking-Working Surfaces – General (1910.22)15. Mtnc & Operational Features for Exit Routes

(1910.37) 16. Section 5(a)(1) of OSH Act17. Mech. Power-Transmission Apparatus (1910.219)18. Medical Services and First Aid (1910.151)19. Process Safety Mgmt. of HHC (1910.119)20. Eye and Face Protection (1910.133)

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Top 10 Violations in Construction issued since 2012 (Region III)

1. Duty to have Fall Protection (1926.501)2. Hazard Communication (1910.1200) 3. Scaffolds – General Requirements (1926.451)4. Respiratory Protection (1910.134)5. Control of Hazardous Energy (LO/TO) (1910.147)6. Ladders (1926.1053)7. Fall Protection – Training Requirements (1926.503)8. Occ. Exposure to Bloodborne Pathogens (1910.1030)9. Electrical Equipment – General (1910.303)10. Electrical Wiring & Comp. – General (1910.305)

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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

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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

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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

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Standards Overview

Electrical - General Installation and Use Space around equip. Guarding of live parts Marking of services, … Free of recognized

hazards

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Others

Construction Standards OverviewFall 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

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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

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Hazard Communication

PPT-016-03 2

General Standard Requirements

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• 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.

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) Purposeb) Scope and Applicationc) Definitionsd) Hazard Classificatione) Written Hazard Communication Programf) Labels and Other Forms of Warning

g) Safety Data Sheetsh) Employee Information and Trainingi) Trade Secretsj) 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)

• 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

Written Plan

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

Product Identifier

Signal WordHazard Statements

Pictograms

Precautionary statements

Name, address and phone number

16-Section Safety Data Sheet

1. Identification of the substance or mixture and of the supplier

2. Hazards identification3. Composition/information

on ingredients Substance/Mixture

4. First aid measures5. Firefighting measures6. Accidental release

measures7. Handling and storage8. Exposure controls/personal

protection9. Physical and chemical

properties

10. Stability and reactivity11. Toxicological12. Ecological information

(non mandatory)13. Disposal considerations

(non mandatory)14. Transport information

(non mandatory)15. Regulatory information

(non mandatory)16. 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?

ALLENTOWN AREA OFFICE

USDOL/OSHAAllentown Area Office

Stabler Corporate Center 3477 Corporate Parkway, Suite 120

Center Valley, PA 18034Office Phone: (267) 429-7542

Fax: (267) 429-7567