OSHA Compliance Update

Recent OSHA Fines• OSHA fines Vallourec Star for 22

Serious Violations ($94,000)

• OSHA: Contractor Exposed Workers to Fall Hazards ($52,470)

• OSHA Focus on Temporary Workers ($135,200 for Texas vegetable processor)

• United Airlines Cited by OSHA (101,300)

• Nebraska Co-op ($84,000)

OSHA Has Been Busy

• OSHA Conducted 92,000 inspections

• There were over 188,000 violations cited

• There was approximately $240 million in penalties

Top 10 Violations1. Hazard Communication

2. Respiratory Protection

3. Electrical ‐ Wiring and Equipment

4. Powered Industrial Trucks

5. Lockout/Tagout

Top 10 Violations6. General Machine Guarding

7. Electrical Systems Design (General)

8. Personal Protective Equipment (General)

9. Fall protection (Guarding Floor/Wall Openings and Holes)

10. Exit routes

OSHA EMPHASIS PROGRAMS

Combustible Dust

Background

• Massachusetts (3 killed, 9 injured)

• North Carolina (6 killed, 38 injured)

• Kentucky (7 killed, 37 injured)

• Georgia (14 killed, many injured)

• Metal Dust Fire and Explosion: Indiana (1 killed,1 injured)

• Related Experience in the Grain Handling Industry

Organic Dust Fires and Explosions:

Organic Dust Fire and Explosion:Massachusetts

Caused a primary explosion in ducts containing heavy deposits of Phenol formaldehyde resin dust

Fire in a foundry shell molding machine:

a dust cloud from ledge dust deposits outside the ducts and an explosion in the plant area

Resulted in:

Organic Dust Fire and Explosion:Massachusetts

Causal Factors

•Housekeeping to control dust accumulations

•Ventilation system design

•Maintenance of ovens

•Equipment safety devices

•Found a pattern of catastrophic dust explosions

•Recommended that OSHA take action

•MSDS sheets often fail to provide dust explosion information

US ChemicalSafety Board

Definitions• Combustible dust – a combustible

particulate solid that presents a fire or deflagration hazard when suspended in air or some other oxidizing medium over a range of concentrations, regardless of particle size or shape.

• Minimum explosible concentration (MEC) – the minimum concentration of combustible dust suspended in air, measured in mass per unit volume, that will support a deflagration.

With confinement there is an explosion

Dust Explosion Requirements

– an electrostatic discharge,

– spark, – glowing ember, – hot surface, – friction heat, or – a flame that can ignite

the dispersed combustible mixture

There is an ignition source, such as:

Dust is COMBUSTIBLE

It must be dispersed in air or another oxidant in a concentration at or above the minimum explosible concentration (MEC).

Some event

disturbs the settled dust into a

cloud Dust cloud is ignited

and explodes

Dust Explosion in a Work Area

Dust settles on flat surfacesDust

Adapted from CSB

15

Combustible Dust Explosion HazardMay Exist in a Variety of Industries

• dyes, • coal,• metals (e.g.,

aluminum, chromium, iron, magnesium, and zinc), and

• fossil fuel power generation.

• food (e.g., candy, starch, flour, feed),

• plastics, • wood, • rubber, • furniture,• textiles, • pesticides, • pharmaceuticals,

Dust Explosion Hazard “. . .any industrial process that reduces a

combustible material and some normally noncombustible materials to a finely divided state presents a potential for a serious fire or explosion.” (NFPA’s Industrial Fire Hazards Handbook)

Particles

Size:• Pellets > 2mm diameter • Granules 0.42mm - 2mm• Dust particles < 0.42mm (420

ųm)

Hazard increases as particle size decreases: • Larger surface area for combustion • Fine particles may have a larger role

in dust cloud ignition and explosion propagation

Particle Size of Common Materials

Common Material Size (microns)

Table salt 100

White granulated sugar 450 - 600

Sand 50+

Talcum (baby) powder 10

Mold spores 10 – 30

Human hair 40 - 300

Flour 1 - 100

Source: OSHA and Filtercorp International Ltd.

Particles

Dusts may occur in the process stream and cause a hazard, regardless of starting particle size of the material may

break into

or

Facility Hazard Analysis

Facility Hazard Analysis Components

• Materials that can be combustible when finely divided;

• Processes which use, consume, or produce combustible dusts;

• Equipment in which dust may be concentrated;

• Open areas where combustible dusts may build up;

Carefully identify:• Hidden areas where

combustible dusts may accumulate;

• Means by which dust may be dispersed in the air; and

• Potential ignition sources

Dust CombustibilityThe primary factor in an

analysis of these hazards is whether the dust is in fact combustible.

Determine if a dust cloud will:

• Detonate

• Deflagrate

• Present a fire hazard

• Or will Not burn or ignite

Testing may be necessary

General Industry Standards

• Housekeeping

• 1910.22

• Means of Egress

• 1910 Subpart E

• Ventilation

• 1910.94

• Process Safety Management

• 1910.119

• Warning Signs

• 1910.145

• Permit-Required Confined Spaces

• 1910.146

• Portable Fire Extinguishers

• 1910.157

• Handling Materials

• 1910.176

• Powered Industrial Trucks

• 1910.178

• Welding, Cutting and Brazing

• 1910.252

General Industry Standards

• Hazardous (Classified) Locations

• 1910.307

• Hazard Communication

• 1910.1200

• General Duty Clause

General Industry Standards

Applicable NFPA Standards

Other Hazard Analysis Considerations

• Hazard analysis also includes assessing electrical classification issues

• Scenarios in which dust can be disbursed during failure of operating procedures or equipment must also be considered

27

28

Prevention and Mitigation

• Prevention• Dust control

• Ignition control

After the hazard analysis is completed, one or more of the following may be

applied:

Training must be carried out for both Prevention and Mitigation

• Mitigation• Damage control

Dust Control

NFPA 654

• Use cleaning methods that do not generate dust clouds;

• Only use vacuum cleaners approved for dust collection;

HAZ LOC

TrainingEmployees need to know

• The safe work practices applicable to their job tasks

• The overall plant programs for dust control and ignition source control

• Emergency procedures

Training must be

• Before they start work

• Periodically to refresh their knowledge

• When reassigned

• When hazards or processes change

Inspection Preparedness

Site Specific Targeting

DIRECTIVE NUMBER: 14-01 (CPL 02) EFFECTIVE DATE: 03/06/2014

• The Occupational Safety and Health Administration has issued its annual inspection plan under the Site-Specific Targeting 2014* program to direct enforcement resources to workplaces where the highest rates of injuries and illnesses occur.

• The SST program is one of OSHA's main programmed inspection plans for high-hazard, non-construction workplaces that have 20 or more workers. The SST plan is based on data collected from a survey of 80,000 establishments in high-hazard industries.

DIRECTIVE NUMBER: 14-01 (CPL 02) • As part of the SST-14 program, OSHA

is conducting a study to evaluate the effectiveness of the program based on 1,260 randomly selected establishments.

• Programmed inspections of nursing and personal care establishments will continue under OSHA's Nursing and Personal Care Facilities National Emphasis Program.

DIRECTIVE NUMBER: 14-01 (CPL 02) • In addition to the SST program, OSHA

implements both national and local emphasis inspection programs, which include programmed inspections, to target high-risk hazards and industries. OSHA currently has 13 National Emphasis Programs that intensify inspections on hazards or industries such as lead, silica, shipbreaking, trenching/excavations and process safety management, and approximately 140 Regional and Local Emphasis Programs.

What establishments are on the Primary List ?

• Manufacturing Establishments• Manufacturing establishments with a DART rate at or

above 7.0 or a DAFWII case rate at or above 5.0 (only one of these criteria must be met).

• Non-manufacturing Establishments• Non-manufacturing establishments (except for Nursing

and Personal Care Facilities) with a DART rate at or above 15.0 or a DAFWII rate at or above 14.0 (only one of these criteria must be met).

DART Rate• DART Rate - includes cases involving

days away from work, restricted work activity, and transfers to another job. It is calculated based on (N/EH) x (200,000) where N is the number of cases involving days away and/or restricted work activity, and/or job transfers; EH is the total number of hours worked by all employees during the calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees.

DAFWII Case Rate• is the number of cases that involve days away from

work per 100 full-time equivalent employees. Cases that involve only temporary transfers to another job or restricted work are not included. It is calculated based on (N/EH) x (200,000) where N is the number of cases involving days away from work; EH is the total number of hours worked by all employees during the calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees.

• NOTE: The DART and DAFWII rates are differentiated by the makeup of N in the calculation formula. For the DAFWII rate, N is equal to the total of Column H from the OSHA-300 Log.

What Establishments Are on the Secondary List?

• If an Area Office completes its inspections of all establishments on its Primary Inspection List before the expiration of this SST program, it may obtain additional establishments from its Secondary Inspection List.

• Manufacturing Establishments.• Establishments reporting DART rates of 5.0 or greater, or

a DAFWII case rate of 4.0 or greater. Only one of these criteria must be met.

• Non-manufacturing Establishments (not including Nursing and Personal Care Facilities).

• Establishments reporting DART rates of 7.0 or greater, or a DAFWII case rate of 5.0 or greater. Only one of these criteria must be met.1

What Establishments Are on the Secondary List?

Are you ready for OSHA to knock at the door?

OSHA Inspections:Preparation is

Key!

Form a Committee• EH&S

• Facilities Dept.

• Maintenance

• Environmental Services

• Clinical Lab

• Researcher Admin.

• Radiology

• Pharmacy

• Plant Operators

OSHA Inspections - Tips• Be Prepared!

• Maintain up-to-date plans and records

• Know where documents are; be able to produce them in a timely manner

• Have a Preparedness Plan

• Records and Documentation Review

• Assemble materials requested by OSHA

• Identify conference room (do not use offices) for records review

• Offer only requested documents for specific locations

• Make duplicate copies of records that they copy

Organize Internal Resources

• Preparedness Coordinating Committee

• Facility Program Managers/Experts

• Facility Inspector Escorts

• Logistics and Planning

• Roles & Responsibilities

• Communications

Inspection PreparednessCoordinating Committee• Organizes and facilitates the Opening

Conference

• Works out schedule with the inspectors

• Coordinates inspections with department/program managers

• Conducts daily debriefings

• Organizes and facilitates the Closing Conference

Facility Inspector Escorts•Introduces the inspector and convey seriousness of the interview.

•Intercedes when leading questions are asked during an interview

•Tactfully restates misunderstood questions to interviewee.

•Doesn’t allow unqualified people to respond to questions

The Inspection

Inspections: Logistics and Planning

• Internal Notification (“The British are Coming”)

• Enacting the Preparedness Plan

• Opening Conference

• Coordinating a schedule with OSHA

• Debriefings with parties inspecten

Opening Conference• State that the group has been assembled to

help facilitate the inspectors’ review & provide an open communication channel w/ key facility officials

• Outline positive working relationship with OSHA inspectors

• Discuss how important compliance is to your facility

• Who in upper management is involved and how often your department meets with them

• Obtain an understanding of inspection scope

Guidelines: Site Inspection• Identify nature and scope of inspection

• Accompany each inspector at all times

• Cooperate, but do not offer information not requested

• Duplicate all records copied

• Take good notes, photographs, split samples

• Monitor employee interviews

• Conduct an exit interview for each area to get an idea of what they found

Facility Escort Guidelines • Restate unclear answers from the

interviewee to the OSHA inspector.

• Stay by the inspectors side

• Take notes

• During and shortly after the interview

• Of issues that the inspector notes during the inspection

• Of questions that could not be answered

Taking care of business

•Fixing Potential Violations

•As issues are found

•Prior to OSHA entry

•Before OSHA finishes for the day

•Behind the Scenes During the Inspection

•OSHA Location during the day

•Fielding questions

Closing Conference• Consider having

VP level representative and attorney present

• Present documentation of correction actions taken during the inspection

• Have answers to questions that couldn’t be answered in the field

More Guidelines• Take notes

• Don’t attempt to deal with hypothetical situations

• “Fix” simple deficiencies along the way

• Make a copy of anything given to the inspectors

• Seek approval for all photos requested by the inspectors; take duplicate photos

• Likewise, take duplicate samples

Guidelines Continued…•Don’t offer an opinion or agree/disagree with the inspectors

•Do talk about sports, music, general topics

•Don’t be their “buddy” or confidant

•Don’t sign anything

•Keep them from harm’s way (no confined space entry or near high hazard areas)

Guidelines Continued…• Don’t offer information unless specifically

asked

• Don’t argue with the inspectors

• Don’t complain about the regulations

• Don’t be pushed into giving an answer if you don’t know…say that you don’t know

• Don’t be evasive. Answer directly and succinctly

• Don’t lie to the inspectors or misrepresent what really happens in your area

• Don’t engage in speculation

Training Requirements

OSHA Regulations Requiring Training

• 1910.38 - Emergency Action Plans

• 1910.39 - Fire Prevention Plans

• 1910.66 - Powered Platforms for Building Maintenance

• 1910.95 – Occupational Noise Exposure

• 1910.106 – Flammable and Combustible Liquids

• 1910.109 - Explosive and Blasting Agents

• 1910.110 - Storage and Handling of Liquefied Petroleum Gases

• 1910.111 - Storage and Handling of Anhydrous Ammonia

• 1910.119 - Process Safety Management of Highly Hazardous Chemicals

• 1910.120 - Hazardous Waste Operations and Emergency Response

OSHA Regulations Requiring Training

• 1910.124 - General Requirements for Dipping and Coating Operations

• 1910.132 – Personal Protective Equipment

• 1910.134 – Respiratory Protection

• 1910.142 - Temporary Labor Camps

• 1910.145 - Specifications for Accident Prevention Signs and Tags

• 1910.146 – Permit Required Confined Spaces

• 1910.147 – The Control of Hazardous Energy (lockout-tagout)

• 1910.151 - Medical Services and First-Aid

• 1910.155 – 1910.165 – Fire Protection (includes portable fire extinguishers)

OSHA Regulations Requiring Training

• 1910.177 - Servicing of Multi-Piece and Single-Piece Rim Wheels

• 1910.178 – Powered Industrial Trucks (forklift operator training)

• 1910.179 – Overhead and Gantry Cranes

• 1910.180 – Crawler, Locomotives and Truck Cranes

• 1910.181 – Derricks (material handling)

• 1910.183 – Helicopters (for material handling)

• 1910.184 – Slings (material handling)

• 1910.217 – Mechanical Power Presses

• 1910.218 – Forging Machines

• 1910.252 – 1910.255 – Welding, Cutting and Brazing

OSHA Regulations Requiring Training

• 1910.261 - Pulp, Paper, and Paperboard Mills

• 1910.262 – Textiles

• 1910.264 - Laundry Machinery and Operations

• 1910.265 – Sawmills

• 1910.266 – Logging Operations

• 1910.268 – Telecommunications

• 1910.269 - Electric Power Generation, Transmission, and Distribution

• 1910.272 – Grain Handling Facilities

• 1910.332 – 1910.333 – Electrical Safety Related Work Practices

• 1910.410 – 1910.440 - Commercial Diving Operations

OSHA Regulations Requiring Training• 1910.1000 –

Toxic and Hazardous Substances

• 1910.1001 – Asbestos

• 1910.1003 – 1910.1016 – Thirteen Carcinogens

• 1910.1017 – Vinyl Chloride

• 1910.1018 – Inorganic Arsenic

• 1910.1020 - Access to Employee Exposure and Medical Records

• 1910.1025 – Lead

• 1910.1026 - Chromium (VI)

• 1910.1027 – Cadmium

• 1910.1028 – Benzene

• 1910.1029 - Coke Oven Emissions

• 1910.1030 – Bloodborne Pathogens

• 1910.1043 – Cotton Dust

OSHA Regulations Requiring Training• 1910.1044 -

1,2-Dibromo-3-Chloropropane

• 1910.1045 - Acrylonitrile (Vinyl Cyanide)

• 1910.1047 - Ethylene Oxide

• 1910.1048 – Formaldehyde

• 1910.1050 – Methylenedianiline

• 1910.1051 - 1,3-Butadiene

• 1910.1052 - Methylene Chloride

• 1910.1096 – Ionizing Radiation

• 1910.1200 – Hazard Communication

• 1910.1450 - Occupational Exposure to Hazardous Chemicals in Laboratories

Electrical Standard Changes

Proposed Silica Rule Changes

Exposure to Silica

• OSHA's Notice of Proposed Rulemaking (NPRM) for Occupational Exposure to Respirable Crystalline Silica was published in the Federal Register on September 12, 2013

• OSHA currently enforces 40-year-old permissible exposure limits (PELs) for crystalline silica in general industry, construction and shipyards that are outdated, inconsistent between industries, and do not adequately protect worker health. The proposed rule brings protections into the 21st century.

What is New?•The proposed standard for general

industry and maritime includes provisions for employers to:

- Measure the amount of silica that workers are exposed to if it may be at or above an action level of 25 μg/m3 (micrograms of silica per cubic meter of air), averaged over an 8-hour day;

What is New?•Protect workers from respirable

crystalline silica exposures above the permissible exposure limit (PEL) of 50 μg/m3, averaged over an 8-hour day;

•Limit workers’ access to areas where they could be exposed above the PEL;

•Use dust controls to protect workers from silica exposures above the PEL;

What is New?•Provide respirators to workers when

dust controls cannot limit exposures to the PEL;

•Remember! This will require a written program, fit testing, etc….

•Offer medical exams-including chest X-rays and lung function tests-every three years for workers exposed above the PEL for 30 or more days per year;

What is New?•Train workers on work operations that

result in silica exposure and ways to limit exposure; and

•Keep records of workers’ silica exposure and medical exams.

•OSHA is out enforcing the old standard!!!

Preparedness

Be Ready!•Develop an OSHA compliance calendar

•Ensure all of the required written plans are up to date

•Develop a training matrix

•Keep records organized and ready for inspection

Be Ready!•Review the OSHA 300 Log

•Conduct internal inspections

•Involve employees to get their buy-in

•Enforce programs such as personal protective equipment, safety devices, etc..

Thank You!

1-888-TEI-WOWS www.triumvirate.com

Eliot, MELowell, MASomerville, MAPortland, CTAstoria, NYWoodstown, NJJeannette, PABaltimore, MDAshland, VAOrlando, FLDavie, FL

Locations