since 1971 wisconsin safety council · with a pfas, ladder safety system, cage or well •installed...
TRANSCRIPT
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Since 1971
Wisconsin Safety Council
April 11th, 2017
Wisconsin Dells, Wisconsin
Your presenter
• Ann Grevenkamp
• Industrial Hygienist
• Area Director, Madison OSHA office
• 608‐441‐5388
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Disclaimer• This information has been developed by an OSHA Compliance Assistance Specialist and
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 [or hazards], 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.
Agenda
What is new with OSHA?
OSHA Inspections
Current awareness campaigns
Answer your questions!
Your questions are IMPORTANT!!
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What’s up in Washington D.C.?
Alexander AcostaSecretary of Labor nominee
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Revised Penalties as of January 15, 2017
Violation Type Penalty
Serious
Other‐than‐Serious
Posting Requirements
$12,675
Failure to Abate $12,675
Willful or Repeated $126,749
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Host/ClientStaffing Agency
Worker = Safety & Health Responsibilities
Temp
Temporary Employees, Joint Employers & Joint Responsibilities
www.osha.gov/temp_workers/index.html
Inpatient Healthcare SettingsNAICS Major Groups 622XXX and 623XXX
www.osha.gov/dep/enforcement/inpatient_insp_06252015.html
• Applies to hospitals and nursing and residential care facilities
• All inspections will cover these hazards:–Musculoskeletal disorders relating to patient or resident handling
–Workplace violence
– Bloodborne pathogens
– Tuberculosis and
– Slips, trips and falls
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Request for Information & Stakeholder Meeting – Preventing Workplace Violence in
Healthcare & Social AssistanceComment period closed April 6, 2017
https://www.osha.gov/preventing_workplace_violence.html
Beryllium Exposure in the Workplace
• PEL reduced to 0.2 µg/m³ as an 8‐hour time weighted average
• STEL of 2.0 µg/m³ over a 15‐minute sampling period
• Causes Chronic Beryllium Disease and Lung Cancer
• Found in these industries: beryllium production, beryllium oxide ceramics and composites, nonferrous foundries, secondary smelting, refining and alloying, precision turned products, copper rolling, drawing and extruding, welding and dental laboratories
• FINAL RULE DELAYED from March 21, 2017, to May 20, 2017.
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Crane Operator Certification* due November 10, 2017
*construction
https://www.osha.gov/shpguidelines/index.html
Safety and Health Programs
1. Management commitment
2. Employee engagement, including staffing employees and contractors
3. Establish ways to find safety issues
4. Establish ways to fix safety issues
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Inaugural Safe + Sound WeekJune 12 – 18, 2017
https://www.osha.gov/safeandsoundweek/index.html
Stand‐Up for Fall PreventionMay 8 – 12, 2017
www.osha.gov/StopFallsStandDown/
In 2015, Wisconsin experienced 104 work related fatalities and 46 were transportation incidents.
http://www.osha.gov/distracted-driving/index.html
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Wisconsin Inspection StatisticsOctober 1, 2015 – September 30, 2016
Wisconsin did 1,142 inspections
425 construction; 717 general industry 22 fatality investigations 2394 complaints/referrals received; 759 inspected
503 Severe injury reports; 174 inspected 73% of violations had penalties assessed
– Average violations/inspection was 2.64– Average assessed penalty/violation was $3,679
National Emphasis Programs Chemical Plants /PSM
Amputations
Trenching & Excavation
Crystalline Silica
Lead
Combustible Dust
Federal Agencies
Hexavalent Chromium
Primary Metal Industries
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Local Emphasis Programs, Region V Fall hazards in construction & general industry, especially ladders
Grain handling facilities
Powered industrial vehicles
Building renovation & rehabilitation
Primary metal industries
Dairy farm operations
Federal agencies
Carbon monoxide in construction
Wood pallet manufacturers
Occupational Exposure to Respirable Crystalline Silica
1926.1153 – Construction
1910.1053 – General Industry & Maritime
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Purpose of new silica rule
• Silica rule will curb various diseases:
– Lung cancer
– Silicosis
–Chronic obstructive pulmonary disease, and
–Kidney disease
Debris sample: 2% silica
Debris sample was 2% silica
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Debris sample: 2% silica
Debris sample was 2% silica
Construction Debris SortingEmployee exposures 8‐hr time weighted averages
Concentration µg/m
³
Time
7 8 9 10 11 12 1 2 3am noon pm
1400
1200
1000
800
600
400
200
100
0
PEL
Debris Sorting for 303 minutes ‐ 837µg/m³
General Industry/Maritime Standard
(a) Scope
(b) Definitions
(c) Permissible exposure limit (PEL)
(d) Exposure assessment
(e) Regulated areas
(f) Methods of compliance
(1) Engineering and work practice controls
(2) Written exposure control plan
(g) Respiratory protection
(h) Housekeeping
(i) Medical surveillance
(j) Communication of silica hazards
(k) Recordkeeping
(l) Dates
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Construction
(a) Scope(b) Definitions(c) Specified exposure control methods
OR(d) Alternative exposure control methods
• PEL• Exposure Assessment• Methods of Compliance
(e) Respiratory protection(f) Housekeeping(g) Written exposure control plan(h) Medical surveillance (i) Communication of silica hazards (j) Recordkeeping(k) Dates
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Silica Rule Effective Dates
• Construction – June 23, 2017
• General Industry & Maritime – June 23, 2018
Fall Protection for General Industry Standard, Effective January 18, 2016
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New Walking‐Working Surfaces and PPE Rules
• Revises Subpart D
• Adds 1910.140 to Subpart I (Personal Protective Equipment)
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
Who is Affected?
• If you are not in construction or agriculture, then you are in general industry.
• That means you are most likely covered by this revision.
• OSHA estimates 6.9 million general industry establishments employing 112.3 million workers will be affected
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When is fall protection required?
Other OSHA standards that change…
• 1910.66 ‐ Powered platforms for building maintenance
• 1910.67 ‐ Vehicle‐mounted elevating and rotating work platforms
• 1910.68 – Manlifts
• Subpart I
– Changes 1910.132
– Adds 1910.140 and appendices
• Subpart N
– 910.178 ‐ Powered industrial trucks
– 1910.179 – Overhead and gantry cranes
Other OSHA standards that change…
• Subpart R
– 1910.261 ‐ Pulp, Paper and Paperboard Mills
– 1910.262 – Textiles
– 1910.265 – Sawmills
– 1910.268 – Telecommunications
– 1910.269 – Electric Power Generation, Transmission and Distribution
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§1910.22 – General Requirements
• Maintains housekeeping provisions
• Walking‐working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.
• Walking‐working surfaces must be designed to meet their maximum intended load, free of recognized hazards, and routinely inspected
• Walking‐working surfaces are inspected, regularly
• Repairs to be done, or overseen, by competent person
§1910.23 – Ladders
• Consolidates and simplifies rules into general requirements, portable ladders, fixed ladders, and mobile ladder stands
• Requires inspection before use
• Updates and makes rule consistent with current national consensus standards
§1910.25 – Stairways
• Adds design and use criteria for spiral stairs, ship stairs, and alternating tread‐type stairs
• Updates design criteria for stairs and landings, consistent with national consensus standards
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§1910.26 – Dockboards
• Updates requirements for dockboards
• Adds design and construction requirements to prevent equipment from going over the dockboard edge
§1910.27 – Scaffolds and Rope Descent Systems (RDS)
• Requires that employers using scaffolds follow the construction standard
• Adds provision allowing use of RDS, which codifies a 1991 OSHA memo allowing RDS
• Requires certification of anchorages starting 1 year after final rule published
• Requires RDS have separate fall arrest system
Rope Descent Systems
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§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
Fixed Ladders that extend >24 feet above a lower level
• Installed before 11‐19‐18, must be equipped with a PFAS, ladder safety system, cage or well
• Installed after 11‐19‐18, must be equipped with a PFAS or ladder safety system
• If ladders, cages, wells or portions thereof are replaced, a PFAS or ladder safety system is installed at least on that portion
• After 11‐18‐36 – all fixed ladders equipped with PFAS or ladder safety system
Fall Protection Near Pits
The use of a fall protection system is not required for a repair pit, service pit, or assembly pit that is less than 10 feet (3 m) deep provided the employer:
– Limits access within 6 feet of the edge of the pit to authorized & trained employees
–Requires floor markings, warning lines & warning signs
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Special workplaces
Protection from falls – Special workplaces
1. Outdoor advertising (billboards)
2. Slaughtering facility platforms
3. Walking‐working surfaces not otherwise addressed
Protection from falling objects
• Toeboards
• Canopy structures
• Barricading the area where objects could fall
• Prohibiting employee access
Work on Low‐Slope roofs
• A roof that has a slope less than or equal to a ratio of 4 in 12 (vertical to horizontal)
• Each employee is protected from falling by a guardrail system, safety net system, travel restraint system, personal fall arrest system or designated area or work rule.
Work on Low‐Slope roofs
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Work on low‐slope roofs4:12 (vertical to horizontal)
6 feet from roof edge
6 – 15 feet from roof edge
More than 15 feet from roof
edge
EquivalentProtection Guardrail system X
Safety net system X
Travel restraint system X
Personal fall arrest system
X
Designated areasX, if work is
infrequent and temporary
Work rule prohibiting access to 15 feet from edge
X, if work is infrequent and temporary
§1910.29 – Fall protection systems criteria
Specifies design and installation requirements of each fall protection system available to employers including:
• Guardrails• Stair rails• Designated areas• Safety nets
• Covers• Cages and wells• Ladder safety systems• Toeboards
Inspections
• Walking‐working surfaces – regularly
• Ladders – prior to use and frequently
• Step bolts – at start of work shift
• Manhole step – at start of work shift
• Rope descent system anchorages – Annually and every ten years by a qualified person
• Rope descent system anchorages – At start of work shift by employee
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§1910.30 – Training
• Adds training and retraining requirements addressing fall hazards and equipment hazards
• Requires employers make training understandable to workers
§1910.140 – Personal Protective Equipment a.k.a. Personal Fall Protection Systems (PFPS)
• Adds definitions for personal fall protection systems
• Adds new section on system and use criteria for:
• Personal fall protection equipment (e.g., lanyards, ropes, D‐rings, harnesses)
• Personal fall arrest systems
• Travel restraint systems
• Work positioning systems
Personal Fall Protection
Travel Restraint
Personal Fall Arrest
Work Positioning
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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
First Revision to Part 1904Severe Injury ReportingEffective January 1, 2015
Severe Injury Reporting Program
As of January 1, 2015:
All employers are required to notify OSHA when an employee is killed on the job or suffers a work‐related hospitalization, amputation, or loss of an eye.
A fatality must be reported within 8 hours.
An in‐patient hospitalization, amputation, or eye loss must be reported within 24 hours.
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Employers do not have to report a case that:
• Is not work related
• Resulted from a motor vehicle accident on a public street except in a construction work zone
• Occurred on a commercial or public transportation system
• Is a death that occurred more than 30 days after the incident
• Is a hospitalization/amputation/loss of an eye that occurred 24 hours after the incident
How can employers report to OSHA?
• By telephone to the nearest OSHA office during normal business hours.
• By telephone to the 24‐hour OSHA hotline (1‐800‐321‐OSHA or 1‐800‐321‐6742).
• Online: www.osha.gov/report.html
Conducting an inspection
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Inspection or RRI?
• Inspection – no advanced notice inspection
• Rapid Response Investigation (RRI) – looks like OSHA’s nonformal complaint investigations
– OSHA sends the employer a letter explaining they have five days to respond
– Optional investigation form
– OSHA decides if the response is satisfactory; OSHA reserves the right to open an inspection
Employer calls in case &OSHA decides: Inspection or RRI?
FACTORS :
• All fatalities
• Reports of 2 or more hospitalizations
• Worker is under 18 years of age
• Repeat offenders (significant OSHA history, SVEP, whistleblower cases)
• Emphasis program hazard
• Any imminent danger
Employer calls in case &OSHA decides: Inspection or RRI?
FACTORS:• Does not involve Category One incidents• Area Director has discretion whether to inspect• Has abatement begun, does it sound satisfactory?• Are there other employees still exposed?• Was the incident the result of a safety program failure? For instance, LOTO, PRCS or PSM?
• Is the case related to a potentially catastrophic hazard (dust, explosives, falls, air contaminants)
• Are vulnerable workers involved?
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Most listed phrases on WKC‐12 forms:
• “finger amputated while making adjustments”• “amputated while servicing _____ machine”• “amputated while troubleshooting _____”• “amputation while reaching into _______”• “amputation while replacing _____”• “amputation while clearing a jam”• “reached under the guard to remove a jammed _____”
• “adjusting _____ with the guard open”• “hand made contact with _____ while cleaning off _____”
The minor servicing exception to LOTO (1910.147) is not an exception to protecting
employees from moving parts
Causes of Fatalities, Region 5, FY2016
Struck‐by
Falls
Electrocutions
Caught‐ins
Poisonings
Microbes
Heat Illness
Burns
Struck by
Falls
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Moving an object
Servicing an object
Demolishing an object
Operating an object
Cleaning near object
Motor vehicle accident
Backover
Moving an object
Servicing an objectDemolishing
an object
Backover
Fatal Struck‐by Incidents, by Cause
Region 5, FY2016
2nd Revision to Part 1904Electronic Reporting
Effective August 10, 2016
Electronic Reporting
• 1904.41(a)(2) covered Industries– Ag., forestry and fishing (NAICS 11)
– Utilities (NAICS 22)
– Construction (NAICS 23)
–Manufacturing (NAICS 31‐33)
–Wholesale Trade (NAICS 42)
– Industry groups (4‐digit NAICS) with a three year average DART rate of 2.0 or greater in the Retail, Transportation, Information, Finance, Real Estate and Service sectors.
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Electronic Reporting
Submission year
Establishments with 250 or more employees in industries covered by the recordkeeping
rule
Establishments with 20‐249 employees In select industries
Submission deadline
2017 CY 2016 300A FormCY 2016 300A
FormJuly 1, 2017
2018CY 2017 300A, 300, 301*
FormsCY 2017 300A
FormJuly 1, 2018
2019 & beyond
300A, 300, 301* Forms 300A FormMarch 2 of every year
*WKC‐12 is equivalent to the 301
The website for submitting 1904 records electronically is located here, https://www.osha.gov/injuryreporting
/index.html.
Employers will be able to submit records to this site starting in February
2017.
3rd Revision to Part 1904Anti‐Retaliation
Effective December 2, 2016
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1904.35(b)(1)(i): Reporting Procedures Must Be Reasonable
An employer's procedure for reporting work‐related injuries and illnesses must be reasonable
• Applies to the means of reporting injuries and illnesses such as when/where/how to report
• A procedure is not reasonable if it would deter or discourage an employee from accurately reporting a workplace injury or illness
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Anti‐Retaliation Provisions
1904.35 (Employee Involvement) makes it a violation for an employer to discourage employee reporting of injuries and illnesses.
Anti‐Retaliation Provisions
Employers must inform employees of their right to report work‐related injuries and illnesses free from retaliation. This obligation may be met by posting the OSHA “It’s The Law” worker rights poster v. April 2015 or later.
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This is the OSHA Notice, version April 2015
Available in ten different languages
Free from the OSHA web site:http://www.osha.gov/pls/publications/publication.html
1904.35(b)(1)(iv):Prohibition on Retaliation
• An employer may not retaliate against employees for reporting work‐related injuries or illnesses
Adverse Action• Terms, Conditions, Privileges and/or Benefits of Employment
• Termination
• Pay Loss
• Reduction in status
• Change in shift (Hendrix v. American Airlines)
• Change in work location
• Lay off
• Any change in working conditions
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Disciplinary, Incentive & Drug Testing Programs
• This rule does not ban disciplinary, incentive or drug testing programs altogether
• However, it does prohibit use of these programs to retaliate against employees for reporting and injury or illness.
Discipline ‐ What can employers do?
They can create legitimate work rules and enforce them
Incentives ‐ What can employers do?
They can base rewards on leading indicators instead of injury and illness rates
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Drug Testing ‐ What can employers do?
• The rule does not prohibit drug testing of employees pursuant to regulations of the Department of Transportation or any other federal or state government agency.
• Employers may conduct post‐incident drug testing in accordance with a Workers Compensation Drug‐Free Workplace policy.
• Random drug testing and pre‐employment drug testing are not subject to 1904.35(b)(iv).
• Employers may conduct post‐incident testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Retaliation – Yes or No?
• The employer promises a drawing for a substantial cash prize for each month that each work group in the company is injury‐free (regardless of the circumstances of the injury). Malcolm sustains an injury when operating a press, consistent with the employer’s work rules, and reports the injury. The employer cancels the cash prize drawing for Malcolm’s work group because of his injury report.
Retaliation – Yes or No?
• The employer offers a substantial cash prize drawing for universal compliance with applicable work rules, such as using fall protection and wearing hard hats. Regina gets injured when she falls from a platform while not wearing the required fall protection. The employer cancels the cash prize drawing for Regina’s work group because she failed to use her fall protection.
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Retaliation – Yes or No?
• The employer drug tested Shawn after he reported carpal tunnel syndrome.
Retaliation – Yes or No?
• Albert was injured when he inadvertently drove a forklift into a piece of stationary equipment and he reported it to his employer. The employer required Albert to take a drug test.
www.osha.gov/Publications/OSHA3905.pdf
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United States of OSHA
Any questions?
Since 1971