osha update 2014 - aspen risk management group update 2014.pdf · 2014-03-10 · osha updates: what...

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Heffernan Consulting | 1350 Carlback Ave, Ste. 200 | Walnut Creek, CA 94596 | Ph: 800-234-6787 | www.heffgroup.comHeffernan Consulting | 1350 Carlback Ave, Ste. 200 | Walnut Creek, CA 94596 | Ph: 800-234-6787 | www.heffgroup.com

OSHA Updates: What Every Employer Should Know

March 11, 2014

Paul Moore, CSP, ARM

Heffernan Consulting | 1350 Carlback Ave, Ste. 200 | Walnut Creek, CA 94596 | Ph: 800-234-6787 | www.heffgroup.com

Agenda

• Data: OSHA Inspections & State Injuries

• Top Ten Most Frequently Cited Cal/OSHA & FedOSHA Standards (Violations)

• Managing Cal/OSHA’s Regulations

• Changes As To How Fines & Serious Citations Are Handled (AB2774)

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Agenda

• New Requirements (Including GHS)

• Status of Federal Injury & Illness Prevention Program (“I2P2”)

• Changes For A Number Of Industries

• Cal/OHSA’s 2014 Agenda


Polling Question #1

What is the basic cost of a regular General Violation?

a) $1,000

b) $3,000

c) $5,000

d) $7,000

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Basic Penalties

• $7,000 Regulatory Violation

• $7,000 General Violation

• $25,000 Serious Violation


Additional Monetary Penalties

• $7,000 Per Day for Failure to Correct

A Regulatory or General Violation

• $15,000 Per Day for Failure to Correct

A Serious Violation

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Additional Monetary Penalties

• $5,000 ‐ $70,000 Willful Violation

• $70,000 Repeat Violation

• $250,000 ‐ $1.5 Million

For A Willful Violation That Results In A Death Or Permanent Impairment

Up To Three Years Of Imprisonment

Or Both Imprisonment and Monetary Penalty


Data for 2013• Injuries & Illnesses Were Up

• But, The Employment Numbers Were Up Also

• So The Rate Of Injuries Remained The Same

• The Number of Inspections Were Down

• The Number of “Serious” Violations Were Up

(Due To Pressure From the Feds on Cal/OSHA?)

• Roughly Two Violations Found Per Inspection

• Approximately One “Serious” Violation Found

For Every Two Inspections

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Example

• Your Neighbor’s Facility: 2 Violations Found

• 1 General Violation ($7,000)

• 1 Regulatory Violation ($7,000)

• Your Neighbor’s Total: $14,000

• Your Facility: 2 Violations Found

• 1 General Violation ($7,000)

• 1 Serious Violation ($25,000)

• Your Total: $32,000!!!

Heffernan Consulting | 1350 Carlback Ave, Ste. 200 | Walnut Creek, CA 94596 | Ph: 800-234-6787 | www.heffgroup.comHeffernan Consulting | 1350 Carlback Ave, Ste. 200 | Walnut Creek, CA 94596 | Ph: 800-234-6787 | www.heffgroup.com

“To Be ForewarnedIs To Be Forearmed”

“Be Prepared”Scout Motto

“A word to the wise is sufficient”

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Polling Question #2

What is the #1 Violation Cited Every Year by Cal/OSHA For the last 20 Years?

A) Lock Out / Tag Out.

B) Forklift Training

C) Injury and Illness Prevention Program

D) Hazard Communication Program


#1Injury & Illness Prevention Program (IIPP):

Section 3203

General Violation ($7,000)

1. Responsibility

2. Employee Compliance

3. Two‐Way Communication

4. Hazard Assessment (Self‐Inspections)

5. Accident/Exposure Investigation

6. Hazard Correction

7. Training and Instruction

8. Recordkeeping (Of Self‐Inspections & Employee Training)

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#2Heat Illness Prevention Program (HIPP):

Section 3395

• General Violation ($7,000)

• May be categorized as a Serious Violation ($25,000) Between the months of May and October


#3IIPP For Construction Companies:

Section 1509

• General Violation

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#4Failure to Report A Serious Injury:

Section 342

• Special Regulatory ($5,000)

• Notify DOSH (Division of Occupational Safety & Health / Cal/OSHA)

Within 8 Hours


#5Hazard Communication Program:

Section 5194 (Revised)

• Serious Violation ($25,000)

• May Be Classified As General Violation Depending on the Chemical Classification

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#6Permits to Operate Air Tanks

(Air Compressor Permits): Section 461

• Regulatory Violation ($7,000)


#7Emergency Medical ServicesFor Construction: Section 1512


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#8Field Sanitation

For Agricultural Operations: Section 3457(Drinking Water, Disposable Cups, Toilets, Hand Washing)



#9Emergency Eyewash & Shower Equipment:

Section 5162


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#10Forklift Operator Training:

Section 3668



#11Grinders (Abrasive Wheels):

Section 3577


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#12Guarding of Belts and Pulleys: Section 4070



Cal/OSHA’s Top 12: Summary(What’s Important to Cal/OSHA)

• 3203: IIPP

• 3395: Heat Illness Prevention Program

• 1509: IIPP for Construction

• 342: Failure to Report a Serious Injury

• 5194: Hazard Communication Program

• 461: Air Compressor Permit

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Cal/OSHA’s Top 12: Summary(What’s Important to Cal/OSHA)

• 1512: Emergency Medical Services

(For Construction Companies)

• 3457: Field Sanitation for Agriculture Workers

• 5162: Emergency Eyewash & Shower

• 3668: Training of Forklift Operators

• #11 = 3577: Grinders

• #12 = 4070: Guarding of Belts & Pulleys


Polling Question #3

What are Fed OSHA’s Top Citations?

a) Programs and Plans?

Or

a) Physical Hazards?

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Fed OSHA’s Top Ten Violations(Oct 1, 2012 – Sep. 30 2013)

1. 1926.501 ‐ Fall Protection (Lanyards, Guardrails, etc.)2. 1910.1200 ‐ Hazard Communication3. 1926.451 ‐ Scaffolding 4. 1910.134 ‐ Respiratory Protection5. 1910.305 ‐ Electrical, Wiring Methods6. 1910.178 ‐ Powered Industrial Trucks (Forklifts)7. 1926.1053 ‐ Ladders8. 1910.147 ‐ Lockout/Tagout9. 1910.303 ‐ Electrical, General Requirements10.1910.212 ‐Machine Guarding


#1Fall Protection

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#3Scaffolding


#4Respiratory Protection

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#5Electrical Wiring Methods


#7Ladders

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#8Lock Out / Tag Out


#9Electrical: General Requirements

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#10Machine Guarding


Polling Question #4

What is the reporting time requirement in which to notify your local office of DOSH (The Division of Occupational Safety & Health / Cal/OSHA) of a Serious Injury?

a) 4 Hours

b) 8 Hours

c) 12 Hours

d) 24 Hours

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ManagingThe Cal/OSHA Regulations

• Establish and Maintain the Four Key Programs & Plans:

1. Injury & Illness Prevention Program (IIPP)

2. Emergency Action Plan (EAP)

3. Fire Prevention Plan

4. Hazard Communication Program (Newly Revised)


ManagingThe Cal/OSHA Regulations

• Next, Focus on What Pertains to Your Industry That Was Cited By Cal/OSHA:

– Heat Illness Prevention Program?

– Air Compressor Permit?

– Field Sanitation for Agricultural Workers?

– Emergency Eyewash/Shower?

– Forklift Operator Training?

– Bench Grinders?

– Guarding of Belts and Pulleys

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(Relatively) New AB 2774Labor Code 6432

• Dealing with Serious Violations and Appeals:

• Changed definition of a “Serious Violation” from:

• “Substantial probability” (51%) of death or serious physical harm…, to

• “Realistic possibility” of death or serious physical harm...


AB 2774:Form “1BY” Being Updated

• A form used by Cal/OSHA that is supposed to “encourage communication” between the employer and the Division.

• The Compliance Officer is to use it to inform the employer 15 days in advance of what specific Serious violation is being cited.

• Gives the employer a 15 day opportunity to inform Cal/OSHA why the Division should not issue a Serious violation.

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Form 1BY Being Updated

• The Employer may use this form.

• The Employer may meet with the Compliance Officer at the office instead of using this form.

• The Employer may speak or meet with the District Manager instead of using this form.

• The Employer should bring Documentation (Training records, Inspection records, a copy of their IIPP, etc…for a good defense).


AB 2774 / Labor Code 6432

The Employer is to show themselves as “Reasonable and Responsible”.

Another Defense:

“The Employer did not know and could not, with the exercise of “reasonable” diligence, have known of the presence of the violation”.

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AB 2774 / Form 1BY

• Employers Are Concerned Form 1BY Might be Used Against Them.

• Affects Cal/OSHA Policy & Procedure C‐1B, Attachment F Which Defines and Lists Serious Violations

• To Be Revised and Completed by June 2014


Polling Question #5

Have you ever worked for a company that had an OSHA, “Pre‐

OSHA”, or “mock” OSHA visit? If so, how would you best

describe your experience? (Mark all that apply).

a) We had a real OSHA visit, and it cost us some money in fines.

b) We had a “Pre‐OSHA”, or “mock” OSHA visit. It was

somewhat embarrassing, but educational, and saved us a lot

of money in fines.

c) We never had an OSHA, “Pre‐OSHA”, or “mock” OSHA visit.

d) We never had one, but we are considering conducting one on

our own, or having an “outsider” come in.

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GHS (Globally Harmonized System)Of Hazard Communication

• International System of Classifying and Labeling Chemicals.

• Communicates Hazards Via:

Labels (Pictograms) and

Safety Data Sheets (SDS)

(Formerly Material Safety Data Sheets—MSDS).


GHS

• December 1, 2013 Was the Due Date for Training Workers on the:

New Pictogram Labels

New Format of the Safety Data Sheets (MSDS)

(16 Standardized Sections)

• California Is Adopting the Federal Standard Mostly “As‐Is”, With Few Changes

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Federal “I2P2”

• Federal IIPP: Injury & Illness Prevention Program

• Has Developed It Through Examining 15 Other State Program’s Effectiveness.

• Has Held “Stakeholder” Meetings

• Rulemaking has Been Delayed Until September 2014


Fed I2P2 Key Six Elements

1. Management Leadership

2. Worker Participation

3. Hazard Identification and Assessment

4. Hazard Prevention and Control

5. Education and Training

6. Program Evaluation and Improvement

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California Occupational Safety & Health Standards Board

Planned Regulatory Considerations For 2014

• Over 20 Issues, Including:

• Digger Derricks

• Crane Hand Signals Standards and Illustrations (Update and Harmonization)

• Hand Protection

• Operating Rules for Compaction Equipment

• Guarding of Vertical Food Mixers

• Concrete / Reinforced Steel Post Tensioning


For 2014

• Update of Reference to California Manual on Uniform Traffic Control Devices for Streets and Highways (CA MUTCD)

• Airborne Contaminants, Hydrogen Chloride

• Personal Protective Devices and Safeguards

• Tunnel Safety Orders: Shafts & Hoisting Systems

• Healthcare Worker Protection From Violence

• Refinery Safety

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Helpful Links

Cal/OSHA: www.dir.ca.gov

Cal/OSHA Standards Board: http://www.dir.ca.gov/oshsb/oshsb.html

Fed OSHA: www.osha.gov

Risk Management: http://www.aspenrmg.com/heffernanwebinars.htm


Discussion and Questions

Thank You!

Paul Moore, CSP, ARM

osha update 2014 - aspen risk management group update 2014.pdf · 2014-03-10 · osha updates: what...

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