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OSHA Update John Newquist [email protected] 815-354-6853

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Page 1: Osha update 2017

OSHA UpdateJohn Newquist

[email protected]

Page 2: Osha update 2017

IL Body parts

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Top Safety Results

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Sales Impact of Selected Injuries

Injury/Illness

AverageDirect Cost

IndirectCost

Total Cost SalesNeeded (5% profit)

Sprain $4,245 $6,792 $11,037 $220,740

Laceration $1,101 $4,955 $6,056 $121,120

ForeignBody

$317 $1,427 $1,744 $34,880

4

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Monthly Audits

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Monthly Audits

0

20

40

60

80

100

1201/7/05

2/18/05

4/1/05

5/13/05

6/24/05

8/5/05

9/16/05

10/28/05

12/9/05

1/20/06

3/3/06

4/14/06

Week Beginning

Number of Safety Inspections

90%

95%

100%

1/7/05

2/18/05

4/1/05

5/13/05

6/24/05

8/5/05

9/16/05

10/28/05

12/9/05

1/20/06

3/3/06

4/14/06

Week Beginning

Safety Inspec tion Scores

6

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Monthly Training for Managers

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Daily Job Briefings

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BLS

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BLS• A total of 4,836 fatal work injuries

were recorded in the United States in 2015, a slight increase from the 4,821 fatal injuries reported in 2014• The 937 fatal work injuries in the

private construction industry in 2015 represented the highest total since 975 cases in 2008.

• Several construction occupations recorded their highest fatality total in years, including • construction laborers (highest since

2008); • carpenters (2009); • electricians (2009); and • plumbers, pipefitters, and steamfitters

(2003).

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June 2016• Columbus WI• The teen was working at the factory

on June 27, 2016 when he was pinned in a machine while cleaning scrap from underneath a laser cutter in operation.• He later died of his injuries on July 2,

2016. • The teen had only been working there

two weeks when the incident happened.

This IS my sister-in-law's nephew !!! Killed at 17 ... all because of company not following safety rules, providing proper training and equipment to ensure lockout/tagout - DA

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Whistleblower 2017• When a co-worker severed part of

his thumb in July 2014, a food processor at a beef jerky manufacturing plant acted quickly, helping him apply pressure to the wound and using her cellphone to call 911. • Before responders could answer,

the company's owner ordered her to hang up. • Two days later, she was terminated.

Lonestar Beef Jerky is not associated with this man! He was the previous owner and we acquired his recipes and brand name in 2016 with no knowledge of this or his other deplorable behavior!

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Data• If you make it easier to use

safety, more likely it will be used and get done. • Cones, grease gun, lockout,

brooms.• Kevin O’Leary

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Secretary of Labor• Andy Puzder • Head of the Hardee’s and Carl’s

Jr. burger chains• Confirmation Hearings next

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Data• 35% of all fatalities occurred in

workers age 55 or older, with 1,691 deaths. • This is the highest number of

fatalities ever recorded for this group of workers.

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Older workers• The preliminary number of

workers ages 55 and older who died on the job was "the highest total ever reported" by the bureau's census. • The number jumped from 1,490

in 2013 to 1,621 in 2014, a 9 percent rise. • 18% of the workforce, 35% of

fatalities

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Effective Dates• Published in Federal Register November 17, 2016• Effective January 17, 2017 • Most of the rule will become effective 60 days

after publication in the Federal Register, but some provisions have delayed effective dates, including:

• Ensuring exposed workers are trained on fall hazards (6 months),

• Inspecting and certifying permanent anchorages for rope descent systems (1 year),

• Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (2 years),

• Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system (2 years), and

• Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (20 years).

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Dockboards• The employer must ensure that

each dockboard used meets the requirements of this section. The employer must ensure:• (d) Measures, such as wheel

chocks or sand shoes, are used to prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or rail car) on which a dockboard is placed, from moving while employees are on the dockboard;

1910.26

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Work on low-slope roofs• When work is performed less

than 6 feet (1.6 m) from the roof edge, the employer must ensure each employee is protected from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system.

1910.28(b)(13)(i)

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Low Sloped Roofs• When work is performed at least

6 feet (1.6 m) but less than 15 feet (4.6 m) from the roof edge, the employer must ensure each employee is protected from falling by using a guardrail system, safety net system, travel restraint system, or personal fall arrest system.

1910.28(b)(13)(ii)

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Flat Roofs• When work is performed 15 feet (4.6 m) or

more from the roof edge, the employer must: • (A) Protect each employee from falling by a

guardrail system, safety net system, travel restraint system, or personal fall arrest system or a designated area. The employer is not required to provide any fall protection, provided the work is both infrequent and temporary; and

• (B) Implement and enforce a work rule prohibiting employees from going within 15 feet (4.6 m) of the roof edge without using fall protection in accordance with paragraphs (b)(13)(i) and (ii) of this section.

1910.28(b)(13)(iii)

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Ladder Safety Systems• The employer must ensure: • (1) Each ladder safety system allows

the employee to climb up and down using both hands and does not require that the employee continuously hold, push, or pull any part of the system while climbing; (2) The connection between the carrier or lifeline and the point of attachment to the body harness or belt does not exceed 9 inches (23 cm);

1910.29(i)

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Training• Training must be understandable.

The employer must provide information and training to each employee in a manner that the employee understands

1910.30(d)

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Fall Protection Systems• D-rings, snaphooks, and

carabiners must be proof tested to a minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, or incurring permanent deformation. The gate strength of snaphooks and carabiners, must be proof tested to 3,600 lbs. (16 kN) in all directions.

1910.140(c)(8)

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Beryllium• The old exposure limit, established

in 1949, was based largely on guesswork and dubbed "the taxicab standard" because a government health official and an industry medical consultant came up with the rule in the back of a taxi.• The new standard will be 0.2

micrograms per cubic meter, much stronger than what OSHA sought in the 1970s.

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Criminal 2017• A crane operator faces involuntary

manslaughter charges in a 2014 incident in which his son and another construction worker plummeted to their deaths from above a Winters bridge construction site.

• Mark Powell operated the crane that lifted the basket carrying son and operator Marcus Zane Powell and pile driver Glenn Allen Hodgson early May 30, 2014, according to a Cal-OSHA citation.

• The hoisted basket they rode aboard broke free, plunging the pair eight stories to their deaths.

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Criminal Update 2017• Wilmer Cueva, 51, of Elmwood

Park, New Jersey, a foreman for Sky Materials, was convicted of criminally negligent homicide and reckless endangerment in the death of Carlos Moncayo, 22 during excavation at a Restoration Hardware site.• Sentencing 1-3 years.

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IL 19 Times = $241,000• The four willful violations include the absence

of an accident-prevention program; lack of eye and face protective equipment with use of nail guns; no personal fall arrests, guardrails or safety net systems for workers at heights; and anchorage points used for the attachment of personal fall arrest systems were not independent of the anchorage points used to suspend platforms.

• This isn't a new experience for Barringer. • Since 2006, Barringer's various businesses --

Barringer Brothers Roofing, Barringer Brothers Inc., and Barringer Brothers Construction Inc. -- have been cited and fined 19 times by OSHA for safety hazards.

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Recordkeeping• Final rule to keep OSHA 300,

300A, 301 records for five years. • Effective January 18, 2017

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Slideshare

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Slideshare

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Region V Fatalities

• OSHA in Region 5 had 140 investigated fatalities in 2015 up +28. • 48 Illinois. • 29 in Wisconsin up 50%• 48 in Ohio

• 227 Struck by• 185 Falls• 166 Caught in• 41 Electrocutions• 32 Exposure• 30 Other• 20 Fire/Explosion

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Region V Fall Fatalities 2010-2014• 25 Ladders• 19 Roofs • 18 Same Surface• 16 Other• 14 Aerial Lift• 9 Nonmoving Vehicle

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Region V Most Cited Areas • Machine Guarding 1910.212(a)

(1)• GHS 1910.1200(e)• GHS 1910.1200(h)• 5(a)(1)• Machine Guarding 1910.212(a)

(3)

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OSHA In Region 5 - 2016• 6200 inspection in 2015• 68 Sigcases +14 egregious cases• 47% construction• 44% programmed

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Leadership in Region V• Ken Atha • 20 Years Experience• Regional

Administrator• Area Director

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Last Year of Dr. Michaels• May 2015• “We think we're only

getting a very small portion of the accidents that should be reported,” said Dr. David Michaels, the U.S. Assistant Secretary of Labor for Occupational Safety and Health who is in charge of OSHA.

“When we investigate, we see that most employers don’t treat temporary workers the way they treat their permanent employees — they don’t provide them with the training that is necessary.”

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Aug 2016• Tonawanda NY• There no reason to ever joke

about a loved one’s loss due to a workplace death.• "Michelle Reese This is my uncle.

Thanks everyone for the condolences. For those making jokes you may kindly F off... I'm sure you wouldn't be joking if it was someone you love"

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Aug 2016• Settlement• The Secretary alleged in the

Complaint that US Steel’s Immediate Reporting Policy discourages reasonable employees from reporting injuries as soon as they realize they have been injured because they risk violating US Steel’s temporally stringent requirement under the Immediate Reporting Policy.

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Aug 2016• Government subcontractors to

report their violation histories directly to the Labor Department• Federal contractors over

$500,000

• The first step begins Oct. 25, 2016, when prime contractors will be required to disclose violations from the previous one year, and only when seeking contracts valued at $50 million or more. • Six months later, on April

25, businesses will be subjected to the rules when bidding on contracts of $500,000 or more. • Subcontractors won't

begin reporting until Oct. 25, 2017.

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Aug 2016• The new civil

penalty amounts • Aug. 1, 2016• The maximum

penalty for willful or repeated violations will increase from $70,000 to $124,709

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July 2016• Behr sentenced to probation, $350K

restitution in South Beloit plant worker's death

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May 2016• Electronic recordkeeping• Under the new rule, all establishments with

250 or more employees in industries covered by the recordkeeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301. Establishments with 20-249 employees in certain industries* must electronically submit information from OSHA Form 300A only.

• Form 300 (the Log) – All collected data fields on the 300 Log will generally be made available on the Web site.

• Requirements take effect Aug. 10, 2016, with phased in data submissions beginning in 2017.

• Employee names will not be collected

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Drug Testing• OSHA’s interprets this rule broadly to

prohibit mandatory post-accident drug testing, concluding that such tests discriminate against employees on the basis of injury and illness reporting. • OSHA further explains that incentive

programs are retaliatory if they offer benefits to employees or workforces who do not report injuries and illnesses• OSHA announced that it was delaying

the enforcement date of the new rules to November 1, 2016

Page 45: Osha update 2017

May 2016• “1700 pages of discovery later and

they folded like a cheap suit.”• “The issue is that 2 employees

were wearing orange jackets. When the CSHO was taking photos at 915am there was an employee signaling the crane. • When the CSHO came back at 1pm

- Foreman was monitoring and also wearing an orange jacket.”

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May 2016

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Active Shooter• BLS• Workplace homicides

were higher by 12 cases after the updates, raising the workplace homicide total in 2012 to 475 cases.• 760 workers died at work

in 2014

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Expressway shootings are increasing

• Illinois State Police data showed that 19 shootings were reported in 2014 and 16 were reported in 2013.

• In total, there have been 41 shootings on Chicago-area expressways so far this year. That's compared to 39 total shootings on expressways in 2015.

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Why so many shootings?• People on the road are defenseless — unable to detect or focus on

approaching trouble because they're already focused on driving.

• Shootings can be random.

• Gang violence can spill onto expressways.

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Shooting examples

• A semi driver was shot in the face and seriously wounded as he drove north on the Dan Ryan Expressway near Chicago’s 95th Street.

• May 19, 2016.

• Two people were shot on the the inbound lanes of Interstate 290 in Chicago.

• The driver was shot five times. The passenger was grazed.

• August 13, 2016.

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Sep 2016

• 2 Dead, 1 Wounded in Separate Shootings on Eisenhower Expressway Hours Apart

• Illinois State Police said the shooting happened just after noon Thursday on Interstate 290 in the eastbound lanes near the exit ramp to Central Avenue

• Just before 6 a.m., ISP officers responded to reports of shots being fired in the westbound lanes of I-290 near Laramie Avenue, officials said.

Page 52: Osha update 2017

Chicago-area expressway shooting map for 2015

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Security window films to prevent breakage• Bullet-resistant film keeps broken glass from flying

everywhere.

• Security films are made from multi-ply sheets of biaxially-oriented polyethylene terephthalate• It’s a sturdy version of the same plastic used for pop bottles.

• It’s not as effective as bullet-proof glass, but it’s much safer than regular windows.

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Films can prevent window breakage

• Video: 3M™ Scotchshield™ Automotive Security Film Demonstration

• Security films protect you and your car by blocking heat from the sun, increasing your privacy and holding broken glass together.

• They increase the amount of time and effort it takes thieves to enter your vehicle, deterring property crime.

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Film installers for vehiclesZ Tech1572 W. Ogden Ave., Naperville, Illinois 60540Phone: (630) 355-9555

Auto Tinting and Rock Guard2602 W Chicago Ave, Chicago, IL 60622 Phone: (855) 705-7470 Ext. 247

Xtreme Auto Glass and Window Tint131 S LoLande Ave, Addison, IL 60101Phone: (855) 705-7470 Ext. 823

Midwest Glass Tinters(847) 487-8777260 Jamie Lane Suite CWauconda, IL 60084

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OSHA

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OSHA

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OSHA• “We are swamped with

AMPUTATIONS”• OSHA October 2016

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General Duty

Emergency Stops

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OSHA• First Three Years of CSHO Training• #1000 Initial Compliance. • #1050 Introduction to Safety Standards for Safety

Officers (safety career path/safety specialists).• #1250 Introduction to Health Standards for

Industrial Hygienists (health career path/industrial hygienists).

• #2000 Construction Standards (construction career path/ construction specialists).

• #1310 Investigative Interviewing Techniques• #1410 Inspection Techniques and Legal Aspects.• #2450 Evaluation of Safety and Health

Management Systems.• #1230 Accident Investigation.• #8200 Incident Command System I-200 course,

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OSHA

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OSHA Training September 2016

• Falls• Confined Space• Work Zone• Cranes/Rigging• Silica• Trenching

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May 2016• Pillsbury Mills plant in Springfield IL • Joseph Chernis IV, a federal indictment for

improper asbestos removal and for making false statements

• The penalty on each count is up to five years in prison followed by three years of supervised release and a fine of up to $250,000.

• Chernis, of Sherman, is accused of hiring an untrained individual to illegally remove more than 1,000 feet of asbestos pipe insulation from four buildings between October 2014 and August 2015.

• "The asbestos debris was stuffed into approximately 300 garbage bags and at least two open-topped cardboard boxes, and left inside vacant buildings at the facility," according to the indictment announcement.

Page 64: Osha update 2017

April 2016• Don Blankenship, the longtime chief executive

officer of Massey Energy, was convicted on charges that he violated federal mine safety laws at the company’s Upper Big Branch Mine prior to an April 2010 explosion that killed 29 miners.

• One year in prison + $250,000 • This is the maximum sentence allowed under

the law.

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Jan 2016• Cincinnati OH• Grand jury indicts two managers• Zachary Henzerling was working at

Environmental Enterprises on Dec. 28, 2012, when a fire broke out as he was treating hazardous waste. • The Colerain Township man was

burned, and later died from his injuries. • Another worker also was badly

burned in the incident.

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Oct 2015• OSHA moves to a new enforcement

weighting system that assigns greater value to complex inspections that require more time and resources.• Routine inspections count as one unit,

while those requiring greater resources — such as those involving musculoskeletal disorders, chemical exposures, workplace violence, and process safety management violations — count as up to nine units.

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Oct 2015• Since the beginning of the year,

more than 20 workers with allegedly bogus OSHA cards have been busted at NY city construction sites, sources familiar with the crackdown said.

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Oct 2015• A jury convicted Griffin Campbell

of six counts of involuntary manslaughter, rejecting the third-degree murder charges sought by prosecutors who said Campbell ignored warnings of an imminent collapse.

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2016 Problems• Trench 5-6 feet deep. • Spoil at edge. • No access.

OSHA fines P.T. Ferro, says Joliet contractor put trench workers in dangerThe agency proposed penalties of $104,756.

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2016 Problems• Holes not secured and covered

with steel plate and fenced off.

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2016 Problems• Rigging is used when damaged

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2016 Problems• Not keeping the 10 feet safe

clearance from powerlines• 240 volts temp lights may not be

ok to encroach on the 10 foot. • Weatherproofing is not

insulation.

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2016 Problems• Workers have ZERO documented

training in the MUCTD so set up cones and flags haphazardly

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May 2016

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October 2016

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October 2016

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October 2016

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September 2016

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Apr 2016

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Nov 2015

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April 2015• Lifting a piece of pine

about 5 foot long 18 inches across• “the load made it to the

ground ok the hook of the biner caught the strap and held till we lowered it down.”

1910.184(d)Inspections. Each day before being used, the sling and all fastenings and attachments shall be inspected for damage or defects by a competent person designated by the employer.

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May 2014• Providence RI• 8 hurt in fall• The US Occupational Safety and

Health Administration said the rigging used put excessive weight on a carabiner, causing the metal loop to fail, and the acrobats, who were hanging by their hair, to fall 15 to 20 feet

• According to OSHA, circus staff violated both industry practice and the manufacturer’s instructions for using the carabiner by attaching it so it was pulled in three directions, rather than two.

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Feb 2016

A 26-year-old tower climber is expected to be in intensive care for another ten days after he fell from a guyed tower in Rosenberg, Tex. when his personal fall protection equipment failed after he slipped from a brace on a climbing face as he was descending after a day’s work on an LTE project for AT&T.

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Key Changes in Z359.1• Section 3.2.1.4• Gate face strength requirements

have changed from 220 lbs. (1kN) (old Standard) to 3,600 lbs. (16kN) (new Standard).

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June 2013• Officials canceled

work on the St. Charles County bridge after a 55-gallon drum being lifted by a crane fell on 51-year-old Jerseyville IL man. • He was pronounced

dead at the scene.

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Drums 2015

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Ladders as a Last Resort• JLG lift pod

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July 2015• Issues?

• “Perfect balance for cowboy boots”

• Photo Justin Morrison

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February 2015• Genie • Allows a user to exit the platform and work

comfortably around the outside of the platform with a 6-ft lanyard. It attaches to a 6- or 8-ft platform on all Genie telescopic and articulating boom lifts with lift heights higher than 40 ft., with the exception of the S-125HD model.

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JLG

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July 2015• San Luis Obispo, CA• The machine's blades "came around and

broke his arm and came around again and broke his arm a little further up the next turnaround," said San Luis Obispo Fire Battalion Chief Neal Berryman

• Berryman said the man's head or neck would have been hit next.

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July 2015

• MIDDLEFIELD, Ohio – Shady Knob violated the law when they allowed a 14-year-old boy to operate machinery, which resulted in him losing his hand.

• “Workers under age 18 are prohibited from operating power-driven woodworking machinery, such as the wood planer used here,” said Howard Eberts, OSHA’s area director in Cleveland.

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Unsafe!

Safe

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March 2015• Island Lake IL• The machinist was

using sandpaper to remove surface rust from a part of a computer-run machine.

• His hand was caught and pulled into rotating parts, breaking his bones.

• The worker underwent several surgeries and rehabilitation

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ANSI B SeriesThe user shall designate, provide, and ensure the use of at least one of the following methods of safeguarding that affords protection for the operator, consistent with the requirements of the task:• guard(s) • safeguarding device(s) • awareness barrier(s) or awareness device(s)• safe work procedure(s).

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Machine Guarding

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Verification Citation $53,900

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Silica

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Silica

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Silica

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StandardPermit-Required Confined Spaces• 29 CFR 1910.146• Four revisions since was made law by OSHA• 29 CFR 1926.1200

1910.146(c)(2)

If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces.

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Sign

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CoolersConfined space?

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Coolers• Nashville TN• When the power was restored to

the building on June 17, 2012, Luther went to check on the cooler. • After he entered, the door slammed

shut, locking him inside. • The latch release didn’t work• Luther pressed a panic button

inside the cooler and the security alerted the police.

• The lawsuit claims that a dry ice company recommended that the restaurant use 500 pounds of dry ice in the cooler to prevent the food from spoiling.

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Cooler 2016• March 2016• A woman was found dead inside

a freezer at a downtown Atlanta hotel Tuesday morning. • Atlanta police said the body of

Caroline Robinson, 61, of East Point, was discovered at the Hotel.

• The woman’s family, through The Witherspoon Law Group it hired, said even though the Hotel maintains the freezer’s exit device “worked perfectly,” injuries to Robinson’s hands are consistent with those of a person suffering and struggling to escape.

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Non Permit• 1910.146(c)(7) A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures:• 1) 1910.146(c)(7)(i) - If the permit

space poses no actual or potential atmospheric hazards and if ALL HAZARDS within the space are eliminated without entry into the space, the permit space may be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated.

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Non Permit• 1910.146(c)(7) A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures:• 2) 1910.146(c)(7)(ii) - If it is necessary to

enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (d) through (k) of this section. • If testing and inspection during that entry

demonstrate that the hazards within the permit space have been eliminated, the permit space may be reclassified as a non-permit confined space for as long as the hazards remain eliminated

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Non Permit• 1910.146(c)(7) A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures:

• 3) 1910.146(c)(7)(iii) - The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination.

• The certification shall be made available to each employee entering the space or to that employee's authorized representative

This document certifies that the ___________________________ (location) has been cleared for a change in status from a Permit Confined Space to a Non-Permit Confined Space provided that the below conditions are met. All entrants/attendants involved in any entry have completed the Confined Space Entry training. All hazards other than atmospheric (e.g., lockout/tag out) can be completed without entry. Any conditions making it unsafe have been eliminated. Date: Certification Completed By:

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Non Permit• 1910.146(c)(7) A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures:• 4) 1910.146(c)(7)(iv) - If hazards arise

within a permit space that has been declassified to a non-permit space under paragraph (c)(7) of this section, each employee in the space shall exit the space. • The employer shall then reevaluate the

space and determine whether it must be reclassified as a permit space, in accordance with other applicable provisions of this section.

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Non Permit• From an interpretation in

1996

•Question 2: May mechanical hazards be eliminated by compliance with § 1910.147?

•Answer: Yes

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• Continuous forced air ventilation must be used…..

1926.1203(b)(2)(v)

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• The atmosphere within the space must be continuously monitored

1926.1203(b)(2)(vi)

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Certification

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Questions?

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