osha top ten november 19, 2015 tony kuehn csp, ohst, alcm integrated loss control, inc. director of...

OSHA Top Ten

November 19, 2015

Tony Kuehn CSP, OHST, ALCMIntegrated Loss Control, Inc.Director of Health and Safety Services/Consultant

Objectives

• Review of Two New OSHA Reporting Rules

• Top Ten Citations: Common Mistakes, Program Implementation

• OSHA Visits: What to Expect

• Ways to be Prepared.

Self-Inspections and Hazard Awareness

Programs Development Based on Exposures

Developed & Presented by Integrated Loss Control, Inc.

OSHA Refresher

• Some studies show that OSHA approach is working, injuries and fatalities are down.

• OSHA considered the bare minimum.


OSHA Update-Two New Rules

• Under a final rule released Sept. 11, 2014 beginning in 2015, employers will be required to report all in-patient hospitalizations and amputations to OSHA.

• Previously, employers had to report to OSHA within eight hours any work-related fatalities and in-patient hospitalizations of three or more employees.


OSHA Update-New Rules

• The new rule retains the reporting of fatalities, but adds requirements for employers to report to OSHA within 24 hours all in-patient hospitalizations, amputations and loss of an eye.


OSHA Update-New Rules

• The final rule also updates OSHA's list of industries that are partially exempt from injury and illness recordkeeping requirements. The update entails OSHA switching from the industry classification system it currently uses (SIC) to determine exempt industries to the newer and more broadly used North American Industry Classification System (NAICS).

• Note: This change was not adopted in MN


MN OSHA Focus 2015

• 2015 MN OSHA focus areas include fall protection, trenching, grain facilities, silica (inspectors now have sampling pumps readily available in their vehicles), Process Safety Management, and Health Care.

• Goals-Reduce state total recordable cases, fatality rate and increase the hazards abated


OSHA Top 10 Violations-2014

1. Fall Protection in Construction (1926.501)2. Hazard Communication ( MN Rules 5206.0700)3. A Workplace Accident and Injury Reduction (AWAIR)

program (MN Statutes 182.653 Sub 8)4. Hazard Communication Pictograms (1910.1200)5. Machine and Machinery Guarding (1910.212)6. Lockout/Tagout (1910.147)7. Electrical – Wiring Methods (1910.305)8. Powered Industrial Trucks (1910.178)9. Respiratory Protection (1910.134)10. Carbon Monoxide Monitoring (MN Rules 5205.0116)


OSHA Top Ten

• For the fourth year in a row, OSHA’s Fall Protection Standard (1926.501) is the agency’s most frequently cited violation.

• OSHA has fall protection requirements for General Industry as well. How many other regulations can you see as being relevant to your company’s operations?


OSHA Top Ten

Hazard Communication ( MN Rules 5206.0700)

A written program has been required for years

Hazard Communication Pictograms (1910.1200)


OSHA Top Ten

A Workplace Accident and Injury Reduction (AWAIR) program (MN Statutes 182.653 Sub 8)


Clearly stated goals and objectives.Program must be written and describe:

•Responsibilities of all employees.•Methods used to identify and control hazards.•How the program will be communicated to employees.•Accident investigations and corrective action.•Enforcement of safe work practices and rules.•Annual, documented review of program and goals.•Where to find the written program.

OSHA Top Ten

Machine and Machinery Guarding (1910.212)

1910.212(a)(1)

• Types of guarding. One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are-barrier guards, two-hand tripping devices ,electronic safety devices, etc.

1910.212(a)(2)

• General requirements for machine guards. Guards shall be affixed to the machine where possible and secured elsewhere if for any reason attachment to the machine is not possible. The guard shall be such that it does not offer an accident hazard in itself.


OSHA Top Ten

Lockout/Tagout (1910.147)

A common misconception about the lockout/tagout rule is that it applies only to electricity.

The rule applies to all forms of energy:

• Electricity

• Hydraulic energy

• Pneumatic energy

• Gravity

• Chemicals

• Thermal energy

• Inertia/momentum


OSHA Top Ten

Electrical – Wiring Methods (1910.305)

• The regulation applies to employees who work on or around exposed, energized electrical conductors.

• The regulation specifies when safe electrical work practices are required and what those practices are.

• A written program is not required, but it is recommended.


OSHA Top Ten

Powered Industrial Trucks (PIT-forklifts)

•About 100 fatalities per year

•36,000 injuries

•Average 26 days off the job

•1910.178 Horizontal Standard, Crosses many industries

•Work with the PIT operator as in the facility they are mobile, all day!

Carbon Monoxide Monitoring (MN Rules 5205.0116)


OSHA Top Ten

Respiratory Protection (1910.134)

• OSHA’s respiratory protection rule applies to employers whose employees wear any type of respirator, regardless of frequency or use, reason for use, duration of use or whether or not they are mandatory or voluntary users.

• The employer must develop and implement a program which provides for evaluation of hazards, selection of respirators based on hazards, employee training, medical evaluation, fit testing and inspection and maintenance.

• There are significant differences in requirements for voluntary versus mandatory users.

• A written program is required.


OSHA Top 10 Violations-2015

Here is the complete list of the top ten for fiscal year 2015 (As of Oct, 2015):

Fall Protection: 6,721

Hazard Communication: 5,192

Scaffolding: 4,295

Respiratory protection: 3,305

Lockout/tagout: 3,002

Powered Industrial Trucks: 2,760

Ladders: 2,489

Electrical: 2,404

Machine guarding: 2,295

Electrical, general requirements: 1,973

Note: The final report for FY2015 will be released in December.


OSHA Visit

• OSHA was Here = Emergency??

• Why Me? (Misery Does Not Love Company)

– Types of Visits and how they are generated

– Follow-up

– Industry Best Practice


Stages to an OSHA Inspection

• Opening Conference

• Walk Around Inspection

• Closing Conference

• Afterwards


Opening Conference

• During the Opening Conference:

– Inspector will ask many questions:

• Size of company

• NAICS Code formally SIC Code

• Union or not

• Size of building or facility

• Number of facilities

• Types of operations

• Review of safety programs


Opening Conference

• Will describe OSHA’s General Duty Clause or 5(a)

– All employers shall provide a workplace free from recognized hazards.

• OSHA will talk to employees alone or with union representatives, no management representatives allowed.

– These employees need to be free from any type of retaliation, discrimination, etc. from talking to the inspector.


Walk Around Inspection

• OSHA inspector has various inspection tools including a camera.

• Take Pictures & Notes as you walk with the inspector.

• OSHA will document hazards and ask questions about operations.


What are they looking for?

• The OSHA inspector has been trained in hazard recognition. The CO is looking for hazards.

• Several areas that the OSHA inspector will likely be looking for will be covered in the next slides...


Polling Question: What is OSHA looking for?

Based on the Top Ten Citation Items from 2014-15 what do you think OSHA will want to review when they visit your facility?

A.A written Administrative Program or AWAIR

B.OSHA 300 Records

C.Hazard Communication Program

D.All the Above


Opening ConferenceProgram Review

• Health & Safety Program – AWAIR• OSHA 300 (usually the past three years)• Hazard Communication / Right To Know• Powered Industrial Trucks (Forklifts)• Lock Out Tag Out or LO/TO• Emergency Action Plan / Fire Prevention• Confined Space Entry Program• Hearing Conservation Program• Overhead Crane Inspection Program


OSHA Closing Conference

• OSHA will tell you the violations they are citing and set abatement dates that must be met. Also may make suggestions to fix items noted during the walk around.

• Describe the types of violations:

– Serious, Non Serious, Repeat, Willful, Criminal


OSHA Closing Conference

• Penalty Calculation

• Discounts are given:

– Size Credit, Good Faith, & History

– They look at number of employees exposed, duration of the exposure, proximity to hazard, and work conditions

– Lesser vs. Greater

– Can be multiplied for being repeat, willful or criminal violation type.


Afterward – Aftermath

• Will receive citation packet via certified mail (someone has to sign for it)

• It is important to know when this comes as all of the dates OSHA set up is off of this delivery date.

• Abatement Verification & Progress Report

• Expedited Informal Settlement Agreement (EISA)


Contesting OSHA

• What if you don’t agree with OSHA’s findings?

– Employer has the opportunity & right to contest OSHA’s findings

– Is it worth it?


OSHA Visit In Conclusion

• Be polite, don’t argue.

• Only show them what they ask to see while at the same time not trying to hide anything.

• Conduct regular inspections before OSHA shows up to help minimize the chance of them finding issues.


Polling Question: Inspections

Who is most often utilized to perform hazard evaluation (inspection) at your facility?

A.The insurance carrier Loss Control representative

B.The employee safety committee

C.Team Leads

D.OSHA when they visit the facility due to a complaint


Observing Exposures/Self-Inspections

Review OSHA bullets relating to compliance items and those items recommended, discuss options for remediation (e.g. items open to CO interpretation, any contested items, non-compliance items, best industry practice). Collect photos to document exposure and facilitate discussion.



Develop means and methods to sustain hazard observation process

Develop Employee Hazard Awareness Recognition training program from prior inspections, lessons learned and consider training for safety contacts, employee safety committee members, all employees (e.g. on-boarding orientation).


Exposures and Outcomes

Every exposure has four(4) outcomes:

• Nothing Happens

• Near Miss

• Injury

• Fatality(Death)


Exposure Control Programs

• Have a qualified safety professional perform a Administrative Program Review based on your exposures, both perceived and real-you may be surprised by what is missing.

• Templates vs Turn key

• Program development comes before training and related tasks, action items


Exposure Control Programs

If there is only limited written program material then the various forms and supporting documentation that required compliance programs call for are missing- these will need to be developed and supervisors/leads/foreman and employees need to be trained in their application.


Observing Exposures/Third Party and Self-Inspections

• Review the intent and purpose of 3rd party walk-through inspections (consultant, insurance representative, etc.- assist with compliance, but not able to guarantee every non-compliance item would be observed no matter the amount of time allotted)

• Review prior walk-through inspection reports

• Document the job orders, remediation orders, etc. the actions taken to fix the problem

• Conduct Your Own Inspections

• Take ownership of being aware of the employee hazards in your facility



Sample Self Inspection Format


• Continue to develop focus item list (previous inspection items, items relating to incident/accident reports, specific areas.

• Formalize approach in an Action Plan/Work Plan


Questions

• Any Questions?

• A short demo of ILC products that can help organize your facility.

– OSHA 300 Recordkeeping System

– MSDS/SDS Inventory Manager


Developed by Integrated Loss Control, Inc. If you have any questions about content or other services we offer, please visit our website at www.ILCI.com or contact us

toll free at 1-888-475-6525


http://www.ilci.com/

osha top ten november 19, 2015 tony kuehn csp, ohst, alcm integrated loss control, inc. director of...

Documents

alcmintegrated loss

osha refresher

osha approach

new osha reporting rulestop

mn osha focus areas

fall protection

protection requirements

respiratory protection