recent osha changes and what employers need to kno · 1910.27 –scaffolds and rope ... intogeneral...
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Recent OSHA Changes and What Employers Need to Know
Presented by:
Denise Greathouse
Michael Best & Friedrich LLP
President Trump putsFreeze on New Regulations
White House issued a memorandum to freeze new or pending regulations ‐‐ giving the new administration time to review them.
Standard move for a new administration taking over from the other party.
There are regulations that have been published but have not reached their effective date. The memo instructs those regulations to be delayed for 60 days for review ‐‐with a potential that a new notice for reopening the regulation could occur.
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Violation LevelFormer Maximum
Penalty
Maximum Penalty
(Eff. 8/1/16)
Maximum Penalty
(Eff. 1/13/17)
Maximum Penalty
(Eff. 1/2/18)*
Serious $ 7,000 $ 12,471 $ 12,675 $12,934
Other‐Than‐
Serious$ 7,000 $ 12,471 $ 12,675 $12,934
Willful or
Repeated$70,000 $124,709 $126,749 $129,336
Posting
Requirements$ 7,000 $ 12,471 $ 12,675 $12,934
Failure to
Abate
$7,000 per day
unabated beyond
the abatement date
[generally limited to
30 days maximum]
$12,471 per day
unabated beyond
the abatement date
[generally limited to
30 days maximum]
$12,675 per day
unabated beyond
the abatement date
[generally limited to
30 days maximum]
$12,934 per day
unabated beyond
the abatement date
[generally limited to
30 days maximum]
Maximum Penalties per Violation
Top Violations FY 2017 InspectionsViolations
1926.501 Fall Protection 6,072
1910.1200 Hazard Communication 4,176
1926.451 Scaffolding 3,288
1910.134 Respiratory Protection 3,097
1910.147 Lockout/Tagout 2,877
1926.1053 Ladders 2,241
1910.178 Powered Industrial Trucks 2,162
1910.212 Machine Guarding 1,933
1926.503 Fall Protection ‐ Training Requirements 1,523
1910.305 Electrical Wiring Methods 1,405
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PUBLIC REPORTING OF EMPLOYEE INJURY AND ILLNESS RECORDS
Final Rule to Improve Tracking of Workplace Injuries and Illnesses The new rule requires certain employers to electronically submit injury
and illness data to OSHA, which they are already required to keep under OSHA regulations. The content of these establishment‐specific submissions depends on the size and industry of the employer.
In order to ensure the completeness and accuracy of injury and illness data collected by employers and reported to OSHA, the final rule also:
1. requires employers to inform employees of their right to report work‐related injuries and illnesses free from retaliation;
2. clarifies the existing implicit requirement that an employer's procedure for reporting work‐related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and
3. incorporates the existing statutory prohibition on retaliating against employees for reporting work‐related injuries or illnesses.
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29 CFR 1904.41 Electronic submission of injury and illness records (a) Basic Requirements
(1) Annual electronic submission of part 1904 records by establishments with 250 or more employees. If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from the three recordkeeping forms that you keep under this part (OSHA Form 300A Summary of Work‐Related Injuries and Illnesses, OSHA Form 300 Log of Work‐Related Injuries and Illnesses, and OSHA Form 301 Injury and Illness Incident Report) to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.
(2) Annual electronic submission of OSHA Form 300A Summary of Work‐Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work‐Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.
(3) Electronic submission of part 1904 records upon notification. Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee.
Electronic Injury/Illness Reporting
Goal: Improve Tracking of Workplace Injuries and Illnesses
Requires reporting of illness and injury data to OSHA for publication on OSHA website:
Lawsuit Pending
Filing Deadline # of Employees Forms
December 15, 2017 > 20 OSHA 300A
July 1, 2018 20 – 249 OSHA 300A
July 1, 2018 > 250 OSHA 300A, 300 and 301*
Beginning in 2019 and every year thereafter –submit by March 2nd
> 20 OSHA 300A
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The Importance of Knowing Your Establishment SizeReporting requirements based on establishment size
Not based on the total size of the company
A company may have one or more establishments
Establishment is defined as a single physical location where
Business is conducted or
Services or industrial operations performed
Reporting required for these Industries with 20 to 249 employees
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Use OSHA’s Injury Tracking Application (ITA) for the Electronic Submission of Injury and Illness Recordshttps://www.osha.gov/injuryreporting/ita/
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If a work‐related injury or illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log
Medical treatment means the management and care of a patient to combat disease or disorder
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When is it First Aid First aid is usually administered after the injury or illness
occurs and at the location (e.g., workplace) where the injury or illness occurred.
First aid generally consists of one‐time or short‐term treatment.
First aid treatments are usually simple and require little or no technology.
First aid can be administered by people with little training (beyond first aid training) and even by the injured or ill person.
First aid is usually administered to keep the condition from worsening, while the injured or ill person is awaiting medical treatment.
OSHA Interpretation on Cold Compression Therapy (December, 2017)
Cold Compression Therapy includes:
Cold therapy
Non‐rigid wraps and
Compression
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Retention and Updating
OSHA 300, 300A and 301 Must be saved for 5 years
OSHA 300 Form Must be updated during the 5 year period
OSHA 300A Form Not required to update(not prohibited)
OSHA 301 Form Not required to update(not prohibited)
RECENT REGULATION CHANGES
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Effective June 23, 2016 ‐ Established new PEL of 50 μg/m3
September 23, 2017 – OSHA begins enforcing most standards for construction
June 23, 2018 – OSHA will begin enforcing most standards for general industry
Silica Rule
Silica Rule Workers can become ill if they inhale
respirable crystalline silica
• Respirable particles are very small (1/100th the size of a grain of sand)
• Can penetrate deeply into the lungs
• Can’t be seen or smelled and must be measured using air sampling equipment
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OSHA’s Revised Silica Rule
Includes provisions for:
Determining Worker Exposure to silica;
Limiting access to areas where workers could be exposed above the PEL;
Competent Person;
Use of dust controls;
Use of respirators when necessary;
Medical exams for highly exposed workers;
Worker training; and
Recordkeeping.
Employees Will Be Exposed To Silica and REQUIRED to wear a Respirator
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Walking Working Surfaces
January 17, 2017 – most of rule effective
Incorporates new technology and industry practices
Sub‐Part D –Walking Working Surfaces
General Industry Walking‐Working Surfaces: prescribes the use of fall protection systems to protect employees from falls.
Performance‐oriented standard• 15 new ANSI standards are designed to
eliminate detailed specifications and facilitate compliance
• Proposed paragraph (a)(2) requires that each employee be trained by a qualified person on the nature of hazards and protective methods
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Purpose of the New Rule
To update the outdated subpart D standard, incorporating new technology and industry practices
To increase consistency with OSHA’s construction standards (CFR 1926 subparts L, M, and X)
To add new provisions to subpart I that set forth criteria requirements for personal fall protection equipment
Organization of Subpart D
1910.21 – Scope, Application and Definitions
1910.22 – General Requirements
1910.23 – Ladders
1910.24 – Stepbolts and Manhole Steps
1910.25 – Stairways
1910.26 – Dockboards
1910.27 – Scaffolds and Rope Descent Systems
1910.28 – Duty to Have Fall Protection
1910.29 – Fall Protection Systems Criteria and Practices
1910.30 –Training Requirements
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1910.23 – Ladders
Consolidates and simplifies rules into general requirements, portable ladders, fixed ladders, and mobile ladder stands
Requires inspection before use
1910.28 – Duty to have Fall Protection and Falling Object Protection
Consolidates general industry fall protection requirements into one section
Makes requirements and format consistent with construction standard
Incorporates new technology that is consistent with national consensus standards
Gives employers flexibility to use the system that works best to protect workers in their situation
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1910.28 Duty to have fall protection
Roof Edge Protection (Low Slope Roofs)
Required when work is performed <6 feet from the edge.
Roof Top
1910.28 Duty to have Fall Protection
Work performed 6‐15 feet from the Edge:
Protect workers: Guardrails, Safety Net System, Travel Restraint System, Personal Fall Arrest System.
May use a Designated Area for Work Infrequent and Temporary
Designated Area for I&T Work 6 ‐ 15 Feet
from the Edge
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1910.28(d) Designated Area for Work Both Infrequent and Temporary
Designated Area: a distinct portion of a walking/working surface delineated by a warning line in which employees may perform work without additional fall protection. A designated area must be surrounded by a rope, wire or chain and supporting stanchions.
1910.28 Designated Area for Work BothInfrequent and Temporary
Infrequent: The task or job is performed only on occasion, when needed (e.g., equipment breakdown), on an occasional basis, or at sporadic or irregular intervals. Annual maintenance or servicing of equipment, monthly or quarterly replacement of batteries or HVAC filters, and responding to equipment outage or breakdown. Infrequent jobs also do not include those that workers perform as a primary or routine part of their job or repeatedly at various locations during a workshift. A task may be considered infrequent when it is performed once a month, once a year, or when needed.
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1910.28 Designated Area for Work BothInfrequent and Temporary
Temporary: No specific time limit on what constitutes a temporary task. Short duration tasks generally are those that take less than ‘1‐2 hours’ to complete.” Examples of such tasks include “changing a filter in a roof‐top HVAC system, replacing a part on a satellite dish, caulking or resealing the flashing around a skylight, or sweeping a chimney.”
Main Effective Dates
Rule overall: January 17, 2017
Training: 6 months after publication
Building anchorages for RDS: 1 year after publication
Fixed ladder fall protection: 2 years after publication
Installation of ladder safety system or personal fall arrest system on fixed ladders: 20 years after publication
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HazCom 2012
*Last Provision: All containers in the control of a distributor after December 1, 2017, must be HCS 2012‐
compliant labeled prior to shipping.
2018 EMPHASIS PROGRAMS
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Emphasis Programs in WisconsinGeneral Industry for 2018
• Amputations • Hex Chrome • Falls/Ladders*
* Complaint Based or Observed During an Inspection
Emphasis Programs in Wisconsin Construction for 2018
• Falls/Ladders• Trenches• Silica• Lead• Hex Chrome• Carbon Monoxide• Material Handling PIV’s*• Renovate/Rehab/Demo• Construction Targeting: Dodge Report
* Complaint Based or Observed During an Inspection
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Michael Best & Friedrich LLP
Denise GreathousePartner
T. 262.956.6534
Recent OSHA Changes and What Employers Need to Know