OSHA Safety Training and OSHA Safety Training and YOU YOU

Wisconsin SHRM State Wisconsin SHRM State ConferenceConference

September 28-30, 2005September 28-30, 2005

Norm Arendt, CHS-III, CFEII, PhDNorm Arendt, CHS-III, CFEII, PhDSafety Director - SEHSafety Director - SEH

OSHA Authorized Instructor

Homeland Security Team

Water Vulnerability Assessment Team

Fire Explosion Investigator/Instructor

Pyrotechnician

Expert Witness

Smith System Instructor

Federal vs State Plan

•Coverage

•Laws

•Enforcement

•4000 Regulations

Most Frequently Most Frequently Cited - 2005Cited - 2005

• 62(d)(1)(i)62(d)(1)(i) Lead – Exposure assessment Lead – Exposure assessment (58)(58)

• 50(c)50(c) First Aid Training First Aid Training (46)(46)

• 55(a)55(a) Gases, vapors, fumes, dusts & mists - Gases, vapors, fumes, dusts & mists - Employee Exposure Employee Exposure (46)(46)

• 55(b)55(b) Gases, vapors, etc. – Gases, vapors, etc. – Administrative/Engineering controls Administrative/Engineering controls (38)(38)

• 62(d)(1)(iii) 62(d)(1)(iii) Lead – Representative personal Lead – Representative personal sampling sampling (29)(29)

Most Often Cited 2005Most Often Cited 2005

• 1.1. Scaffolding Compliance TrainingScaffolding Compliance Training• 2.2. Haz Com TrainingHaz Com Training• 3.3. Fall Protection TrainingFall Protection Training• 4.4. Respiratory ProtectionRespiratory Protection• 5.5. LO/TOLO/TO• 6.6. Powered Industrial Trucks TrainingPowered Industrial Trucks Training• 7.7. Electrical WiringElectrical Wiring• 8.8. Machine Guarding TrainingMachine Guarding Training• 9.9. Electrical GenerationElectrical Generation• 10.10. Ladders TrainingLadders Training

The “General Duty” The “General Duty” ClauseClause

• OSH Act – Public Law 91-596 Dec. 29, 1970

Section 5 (a) (1):

“Each employer shall furnish to each of his employees, employment and a place of employment, which is free from recognized hazards that are causing or are likely to cause, death or serious physical harm to employees”

G.D. C. (cont.)G.D. C. (cont.)

•5(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this act which are applicable to his own actions and conduct.

Incorporation by Incorporation by ReferenceReference

• Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…

New Changes

• expands to include requirements for high-visibility headwear, criteria for knit or woven fabrics, and additional user guidance.  

Changes cont.Changes cont.

• In the absence of clinic, hospital… that is “reasonably accessible” (3-4 Minutes) to the worksite, a person who has a valid certificate in First Aid training must be available

Defensive DrivingDefensive Driving

• Leading cause of fatalities in the Leading cause of fatalities in the work placework place

• Cost employers $31 Billion annuallyCost employers $31 Billion annually

• Insurance issueInsurance issue

• Cell phonesCell phones

• Smith System or NSCSmith System or NSC

Changes cont.Changes cont.

• Brown Recluse Spider• West Nile Virus• Rocky Mountain Spotted Fever• Lymes• Ehrlichiosis• Rift Valley Fever• Flu• Tularemia• Bird Flu (H5N1)

Brown Recluse Spider Brown Recluse Spider BitesBites

Medical and First AidMedical and First Aid

• Must post emergency numbers in locations where 911 is not available

HousekeepingHousekeeping

•Combustible scrap and debris must be removed at regular intervals

•Form and scrap lumber with protruding nails and all other debris, shall be cleared from work areas, passageways, and stairs…

•Containers shall be provided for waste, trash, oily and used rags….

•Cubicles shall be clean and orderly

Required PersonnelRequired Personnel(Key OSHA Terms)(Key OSHA Terms)

•Competent Person

•Qualified Person

•Designated Person

•Authorized Person

Competent PersonCompetent Person

• One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them

Qualified PersonQualified Person

• One who, by having a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, & experience, has successfully demonstrated his ability to solve or resolve problems relating to the work

• I.e., a Professional Engineer

Authorized PersonAuthorized Person

• A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location or locations at the jobsite

• (Same definition for Designated Person)

Examples of Areas WithExamples of Areas WithCompetent Person Competent Person

RequirementsRequirements

• Fall Protection

• Scaffolding

• Trench & Excavation

• Respirator Use

• Cranes & Derricks

• Ladders

• Hearing Protection

• Welding & Cutting

• Electrical

• Concrete forms & Shoring

• Demolition

• Lead

• Ionizing and Non-Ionizing Radiation

WordsWords

•Shall

•Should

•May

Department of CommerceDepartment of Commerce

•Adopted OSHA 2003

•Forms

•Training Requirements

• Inspections

• Investigations

Managing Programs IncludeManaging Programs Include

RecordkeepingRequired ProgramsInspectionsTrainingDocumentationSchedules and BudgetsFiles

Recording and Reporting Recording and Reporting Occupational Injuries and Illness Occupational Injuries and Illness

29 CFR 1910.190429 CFR 1910.1904New Forms OSHA 300 & 300A301A Summary Posting February 1 – April 30www.osha.gov (download forms

and regs)Hearing loss reportable in 2004

Bloodborne Pathogens Bloodborne Pathogens (Exposure Control Plan) 29 CFR (Exposure Control Plan) 29 CFR 1910.10301910.1030

•Determination – Job Hazard Analysis

•Full and Part Time Employees Included

• Job Task Change – Determination Updated

•Hep B Program

•Review Program Annually

HepatitisHepatitis

•C, B, A, D, E and G

•All cause inflammation of the liver

•Order of severity

•Fatigue, lack of appetite, nausea, vomiting, jaundice, fever 100+, joint pain

Control of Hazardous Energy (LOTO) 29 CFR 1910.147

•Evaluation of Machines and Equipment

•New Machines or Equipment – Evaluation Updated

•Periodic Certification of Authorized Employees

•Review Program Annually

Emergency Action Plans Emergency Action Plans 29 CFR 1910.3829 CFR 1910.38

Determine Evacuation Plans for Facilities

Designate Coordinators for Evacuation

Construction Changes will Require Updated Evacuation Plan

Plan Should Cover Fires, Natural Disasters, Threats, Etc.

Emergency Response PlansEmergency Response Plans29 CFR 1910.12029 CFR 1910.120

Determine if Employee Will Control Or Use Outside Source

Will Chemical Release Affect Surrounding Population (RMP)

Determine Required Personal Protective Equipment

Review Program Annually

Hazard Communication Hazard Communication 29 CFR 1910.120029 CFR 1910.1200

Chemical Inventory Determination – computer Spread Sheet – Product/Common Name

MSDS Determination – Match InventoryNew Chemicals – Updated Inventory &

New MSDSFull & Part Time Employees IncludedInclude any labsProgram Review Annually

Personal Protective EquipmentPersonal Protective Equipment29 CFR 1910.13229 CFR 1910.132

Hazard Assessment Certifications– Identify Hazard (Impact; Penetration;

Compression; Chemical; Heat; Harmful Dust; Light Radiation

– Identify Head Protection– Eye & Face Protection– Hand Protection– Foot Protection– Protective Clothing

Personal Protective EquipmentPersonal Protective Equipment29 CFR 1910.13229 CFR 1910.132

PPE Training on Equipment- Use- Care- Limitations- Fitting & - Warnings- Etc…

Respiratory ProtectionRespiratory Protection29 CFR 1910.13429 CFR 1910.134

Facility Evaluation for Respiratory Hazards

List Types of RespiratorsDetermine IDHL AreasDetermine Program AdministratorFit Testing – AnnuallyMedical Evaluations – Physicians

DeterminesReview Program Annually

Hearing ConservationHearing Conservation29 CFR 1910.9529 CFR 1910.95

Noise Evaluation – Communicate Results to Employees

Annual Hearing TestNew Equipment Will Require

Noise Evaluation

Noise cont.Noise cont.

Hours Sound Level 8 90 6 92 4 95 3 97 2 100

1 ½ 102 1 105

½ 110 ¼ or less 115

Noise cont.Noise cont.

• Pneumatic Chipping Hammer 110 - 113 dBA

• Jackhammer 102 - 111 dBA

• Concrete Joint Cutter 99 - 102 dBA

• Bulldozer 93 - 96 dBA• Crane 90 - 96 dBA• Gradeall 87 - 94 dBA• Front End Loader 86 - 94 dBA• Backhoe 84 - 93 dBA

Confined Space EntryConfined Space Entry

• All employees required to enter into All employees required to enter into confined spaces must be trained confined spaces must be trained regarding hazards, precautions, and regarding hazards, precautions, and use of protective and emergency use of protective and emergency equipmentequipment

• Confined Space:Confined Space: … ….any space having limited means of .any space having limited means of

egress, subject to accumulation of egress, subject to accumulation of toxic or flammable contaminants or toxic or flammable contaminants or oxygen deficient atmosphereoxygen deficient atmosphere

Permit-Required Confined Permit-Required Confined SpacesSpaces

29 CFR 1910.14629 CFR 1910.146

Confined Space Evaluation – Confined Space Evaluation – Even if Not EnteringEven if Not Entering

Determine Retrieval EquipmentDetermine Retrieval EquipmentDetermine Rescue EquipmentDetermine Rescue EquipmentPermits Retained For 1 YearPermits Retained For 1 YearReview Program AnnuallyReview Program Annually

MULTIEMPLOYER MULTIEMPLOYER WORKSITE POLICYWORKSITE POLICY

Field Inspection Reference Field Inspection Reference Manual Chapter IIManual Chapter II

Affirmative defense employer can use to challenge an OSHA citation

Multiemployer WorksitesMultiemployer Worksites

•Both construction and non-construction

•Citation normally issued to exposing employer

•Employers may be cited whether or not their own employees are exposed

Multiemployer Worksites Multiemployer Worksites Citable EmployersCitable Employers

•Employer who actually creates the hazard (creating employer)

•Employer responsible by contract – Employer who has authority for ensuring

hazardous conditions are corrected (controlling employer)

•Employer who has responsibility for correcting the hazard (correcting employer)

Affirmative Defense - Affirmative Defense - Exposing EmployerExposing Employer

• Did not create the hazard• Did not have the responsibility or authority to

have hazard corrected• did not have ability to correct or remove the

hazard• Specifically notifies controlling/correcting

employer of the hazard• Instructed employees to recognize and avoid

the hazard• Took appropriate steps to protect employees• In extreme circumstances, removes

employees

Affirmative Defense (cont.)Affirmative Defense (cont.)

• If employer meets all these defenses, the employer shall not be cited

• If all employees on worksite meet these conditions, only employers responsible for creating the hazard or in the best position to correct hazard may be cited

• Employers will be cited even though no employers are exposed

• All employees shall be trained in the policy

Two StepsTwo Steps

•Determine whether creating, exposing, controlling, correcting employer

•Determine if the employers actions were sufficient to meet regulations– (Extend of actions required varies

based on the category)

30 Day Inspections30 Day Inspections

Emergency Respirators – SCBA & SAR’s

Retrieval Equipment (Manufacturer Requirements)

Fire Extinguishers – Safety Inspections

Overhead Crane Inspections

Annual InspectionsAnnual Inspections

Fire Extinguishers – Maintenance Inspection

Overhead Crane InspectionsControl of Hazardous Energy Periodic

Inspections (Authorized Employees)Retrieval Equipment Competent

Person InspectionRetractable Lifelines – Manufacturer

Inspection

Periodic InspectionsPeriodic Inspections

Work Place – Job Tasks, Work Areas, Etc

Weekly, Bi-weekly or monthlyInspection Should Include:

- Personal Protective Equipment- Flammable and Combustible Materials- Portable & Power Tools- Lockout/Tagout- Confined Spaces & Equipment

Periodic Inspections – cont.Periodic Inspections – cont.

– Electrical– Walking-Working Surfaces– Chemicals– Fire Protection– Housekeeping

Other Issues to ConsiderOther Issues to Consider

•RF Training – Cellular Carriers – Proof on person

•Dust Emissions on YOUR property•Hydrant Painting - 29CFR1926.62•Chip Analysis

Make sure the inspectors you hire are qualified and not just low bid!!!

CertificationsCertifications

•OSHA Authorized Outreach Trainers•Certified Inspector – National

Association of Corrosion Engineers (NACE)

•Certified – Protective Coatings Specialist w/ Society for Protective Coatings (SSPC)

•Certified Associate Welding Inspector w/ American Welding Society (AWS)

ScheduleSchedule

Annually- Fit Testing- Possible Medical Evaluations

(Physician)- Hearing Test- Site-Specific Training & Program

Reviews- Confined Space Entry Permit Review- Confined Space Rescue Training

BudgetBudget

Annual - Annual Training – Refresher & Rescue- Air Monitoring Calibration Gas- Retractable Lifelines Inspection- Fire Extinguisher Maintenance

Inspection- Respirator Fit testing- PPE

Training ScheduleTraining Schedule

Description- Employee Emergency

Plans- Fire Prevention Plans- Occupational Noise

Exposure- Emergency Response

- PPE- Respiratory

Protection

• Training– Initial, Annual,

Hands-on– Initial, Annual– Initial, PPE

Purchased

– Initial, Annual, Hands-on

– Initial on Certifications, PPE Purchased Hands-on

– Initial, Annual Program Review, Annual Hands-on

Training ScheduleTraining Schedule

- Permit-Required Confined Space

- Control of Hazardous Energy

- Initial, Annual Program Review, Annual Permit Review, Rescue Annual

- Initial, Annual Program Review, Periodic Certification Determines

Training ScheduleTraining Schedule

- Fire Protection- Portable Fire

Extinguishers- Welding, Cutting,

Brazing- Oxygen-Fuel Gas

Welding & Cutting

- Arc Welding & Cutting

- Annual- Annual

- Initial Training

- Initial Training

- Initial Training

Training ScheduleTraining Schedule

- Electrical

- Bloodborne Pathogens

- Hazard Communications

- Scaffolding/Ladders

- Initial Training

- Initial, Annual Program Review

- Initial, Annual Program Review, Initial MSDS

- Initial Training

Training DocumentationTraining Documentation

Certification- Date of Training- Employer – Include Department- Employee- Instructor Name & Signature- Agenda – Description of Training

Documentation RequiredDocumentation Required

All TrainingReviewsRespiratory Fit Testing

- Name/Identification of the Employee Tested- Type of Fit Test Performed- Make, Model, and Size of the Respirator

Tested- Date of the Fit Test- Pass/Fail Results, Qualitative/Quantitative Fit

Test

FilesFiles

Injury & Illness RecordsWritten Safety and Health ProceduresMedical RecordsTraining RecordsInspection RecordsFit Testing RecordsChemical Inventory/MSDSConfined Space Entry PermitsPPE Hazard Assessment Certificates

Program ManagementProgram Management

Organization- Planning- Budget

Communication- Posters- Safety Meetings- Videos

Commitment- Management Participation

TrainersTrainers

Qualifications- OSHA Authorized- MSHA Authorized- Other Certifications

Presentation Ability – What do YOU need

Competent PersonsQualified PersonsAuthorized Persons

What Can We Do For YouWhat Can We Do For You

Safety Manuals Training Plans – Including RMP, ERP,

Etc.. Job Hazard Analysis Safety Audits What do you need