Top Ten OSHA Violations and How to Avoid Today’s Agenda
Transcription
Top Ten OSHA Violations and How to Avoid Today’s Agenda
Top Ten OSHA Violations and How to Avoid 1 Today’s Agenda What would cause Cal/OSHA to make an on-site visit? Federal OSHA’s Top 10 Regulation Violations Cal/OSHA’s Top 10 Regulation Violations Resources and Guidelines for “all industry” Top 10 Violations and How to Avoid Them Question and Answer Session 2 Objectives • Provide you with knowledge that you can leverage with your clients (value add) • Improve Loss Control Efforts • Reduce Accidents and Injuries • Generate Discussion about OSHA Standards – Applicable to AG and General Industry • AFIS CEUs 3 1 What would cause Cal/OSHA to make an on-site visit? • Employee Complaint • A Serious Accident or Injury • High ExMod – High Hazard >125% • Targeted Sweeps (i.e. Heat Sweep) • Random Inspection • Special Emphasis Programs 4 Federal OSHA 2013 Top Ten 1. Fall protection (C) 2. Hazard communication 3. Scaffolding (C) 4. Respiratory protection 5. Electrical: wiring C 6. Powered industrial trucks 7. Ladders (C) 8. Lockout/Tagout 9. Electrical: systems design 10. Machine guarding (C = Construction Standard) 5 Federal OSHA – Agriculture Top 10 (13) Standard #Cited #Insp $Penalty Description 19101200 127 58 21412 Hazard Communication 19100132 86 60 55787 General requirements 19100067 84 78 83914 Vehicle-mounted elevating and rotating work platforms 19100133 63 60 36771 Eye and face protection 19100135 56 49 44784 Head protection 19100095 39 14 18199 Occupational noise exposure 19100134 37 20 14980 Respiratory Protection. 19100266 37 8 31400 Logging operations 19280057 30 14 21109 Guarding farm field equip, farm equip, & cotton gins 19100212 27 27 19177 General requirements for all machines 19100023 26 20 24913 Guarding floor and wall openings and holes 19100147 25 15 24990 The control of hazardous energy (lockout/tagout) 19100219 25 14 13373 Mechanical power-transmission apparatus 6 2 Agriculture as Defined by Cal/OSHA Agricultural Operations - All operations necessary to farming in all of its branches, including maintenance of machinery or other facilities, and the planting, cultivating or growing, keeping for sale, harvesting, transporting on the farm or to the place of first processing, any tree, plant, animal, fowl, fish, insect or products thereof. Exemptions examples: Federal and Cal/OSHA regulations exempt Ag Operations from the General Industry regulations pertaining to powered industrial truck (forklifts) (GISO 3668). However, the Ag rules still require the operators of equipment to be adequately trained prior to operation. 7 General Ag Guidelines • IIPP – General Duty Clause – Safe Work Environment • A safety process which includes hazard evaluation, correction of hazards and training is required. • Communications - Where employees do not understand English, safety instructions and warnings shall be presented in a language the employees understand. 8 Cal/OSHA – All Industries Top 10 1. GISO 3203 – Injury and Illness Prevention Program 2. GISO 3395 – Heat Illness Prevention 3. CSO 1509 – Construction Injury & Illness Prevention Pgm. 4. GISO 5194 – Hazard Communication 5. GISO 3314 – Clean, repair, service, adjust prime movers, machinery & equipment (Lockout/Tagout/Blockout) 9 3 Cal/OSHA – All Industries Top 10 (Cont.) 6. DOSH 342 – Failure to report work-related death or serious injury 7. GISO 6151 – Portable Fire Extinguishers 8. DOSH 461 – Permit to Operate Air Tanks 9. GISO 5144 – Respiratory Protection Equipment 10. LVESO 2340.16 - Work Space About Electrical Equipment 10 Notable Cal/OSHA Regulation Violations in the Top 25 • GISO 4650 – Compressed Gas and Air Cylinders • GISO 4070 – Belt and Pulley Drive, Guarding • LVESO 2340.23 – Guarding Openings in Electrical Boxes • LVESO 2500.12 Flexible Electrical Cords and Cables • GISO 3668 – Powered Industrial Trucks 11 Easy Target Items • Blocked Electrical Panels • Unlabeled Secondary Containers • Unsecured Compressed Gas Cylinders • Unchecked Fire Extinguishers • No Shade Up for Work Crews • Bench/Pedestal Grinders with Missing Deflector Shields or Tool Rest Misaligned 12 4 Most Appealed Title 8 Standards Standard 342 3999 4300.1 5189 1670 3314 4075 4002 1529 3650 Description Reporting Work Fatality or Serious Injury Prime Movers and Machinery, Conveyors Table Saws-Manual Feed (Class B) Process Safety Management of Acutely Hazardous Materials Personal Fall Arrest Systems Cleaning, Repairing, Servicing and Adjusting Prime Movers, Machinery and Equipment Gears and Sprockets Moving Parts of Machinery and Equipment Asbestos Industrial Trucks, General Requirements Total Violations 504 78 112 Percent Appealed 78.7 73.1 67.0 142 121 64.1 61.1 616 79 124 132 138 58.6 58.2 56.4 53.8 53.6 13 Top 5 Causes of Fatalities in Agriculture 1. Tractor and Farm Equipment 2. Crush or Struck by Moving of Falling Object, and Caught by Equipment 3. Falls 4. Electrocution 5. Drowning Heat Illness??? (Heart Attack, Stroke?) 14 Top Ten Cal/OSHA Violations for Ag 1. 3203 Injury and Illness Prevention Program 2. 3395 Heat Illness Prevention Program (California) 3. 3314 Lockout/Tagout - Program for training employees on dealing with energization or start-up of machinery is required 4. 3440 Ag Equipment - Machine Guarding Gears, Sprockets, Chains, and PTO Shafts- all require guarding 5. 3441 Operation of Agricultural Equipment - Forklifts, Industrial Tow Tractors, and Ag Tractors- Drivers or operators must be trained in operation of this equipment 15 5 Top 10 OSHA Violations for Ag Cont… 6. 5194 Hazard Communication – Chemical and Pesticide Safety & Training. Global Harmonization System (GHS) 7. 3457 Field Sanitation- Proper drinking water and cups, toilets and hand washing stations shall be within ¼ mile or 5 minute walk of work site. (water close as practicable) 8. 3439 First Aid Training and Kits- First aid kit at every work site and trained employee in first aid for every 20 employees are required (includes CPR) 9. 342 Reporting Work Fatalities and Serious Accidents Within 8 Hours 10. 3640-3641 Guardrails for Elevated Work Areas- Railing on walkways, balconies, and any work levels 30 inches or more are required. (Orchard pruning, general maintenance, Harvesters, rice dryers, silo catwalks, etc) 16 1. GISO 3203 – Injury and Illness Prevention Program • Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program. The Program shall be in writing and, shall, at a minimum: - (1) Identify the person or persons with authority and responsibility for implementing the Program. - (2) Include a system for ensuring that employees comply with safe and healthy work practices. - (3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health EXCEPTION: Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees' job assignments as compliance with subsection (a)(3). 17 GISO 3203 – Injury and Illness Prevention Program Typical Program Flaws “Generic Program” – Does not identify employer, site, or unique hazards – Eg: “Model” program, blanks not filled in for responsible person, site address, identifies different employer, etc. Written Program is acceptable, but no employee awareness Remember, CalOSHA will interview employees and always ask about required programs – IIPP – Heat Illness Prevention 18 6 Polling Question Federal OSHA does not have a requirement for employers to have a written Injury and Illness Prevention Program. True or False? 19 Federal OSHA General Duty Clause OSH Act of 1970 (IIPP equivalent) • (a) Each employer -(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. 29 USC 654(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. 20 IIPP Resources • Cal/OSHA Consultation http://www.dir.ca.gov/DOSH/puborder.asp - IIPP for Intermittent Employees (Ag & nonAg) - IIPP for High Hazard Employers - IIPP for Non-High Hazard Employers - Guide to Developing your Workplace IIPP • Federal OSHA http://www.osha.gov/SLTC/etools/safetyhealth /index.html 21 7 2. GISO 3395 Heat Illness Prevention • Training • Access to water (1 quart per hour – close as practicable) • Provide adequate shade • Emergency Planning • An effective plan in writing as a part of the IIPP 22 Heat Illness Resources • Cal/OSHA Consultation http://www.dir.ca.gov/DOSH/puborder.asp - Sample Program – Power Points 23 3. GISO 5194 Hazard Communication 1) This section requires manufacturers or importers to assess the hazards of substances which they produce or import, and all employers to provide information to their employees about the hazardous substances to which they may be exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers. Important- NEW Global Harmonization System! 24 8 Hazard Communication Resources • Cal/OSHA Consultation http://www.dir.ca.gov/DOSH/puborder.asp - Sample Program – Power Points • Your Material Safety Data Sheets GHS System takes out the word “Material” 25 4. GISO 3314 – Clean, Repair, Service, Adjust Prime Movers, Machinery & Equipment • Applies to the cleaning, repairing, servicing, setting-up and adjusting of machines and equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy could cause injury to employees. • Lockout/blockout means that any energy source — whether electrical, hydraulic, mechanical, compressed air, or any other source that might cause unexpected movement—must be disengaged or blocked, and electrical sources must be deenergized and LOCKED or positively sealed in the OFF position. 26 Lockout/Tagout/Blockout Resources • Cal/OSHA Consultation http://www.dir.ca.gov/DOSH/puborder.asp - Sample Program – Power Points • Federal OSHA http://www.osha.gov/SLTC/controlhazardouse nergy/ index.html 27 9 5. DOSH 342 – Failure to Report Work-Related Death or Serious Injury • Every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment. • Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident. 28 5. DOSH 342 – Failure to Report Work-Related Death or Serious Injury "Serious injury or illness" means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway. 29 Failure to Report Serious Injury Resources and Guidelines • Report to Cal/OSHA (Should be done by Emergency personnel) • CALL when in doubt • Educate management staff on this requirement • Keep numbers for local offices on-hand (#’s included on labor law posters) • Communicate with medical personnel 30 10 6. GISO 6151 – Portable Fire Extinguishers • The requirements of this section apply to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees 31 7. CSO 1509 – Construction Injury & Illness Prevention Program • (a) Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program in accordance with section 3203 of the General Industry Safety Orders. • (b) Every employer shall adopt a written Code of Safe Practices which relates to the employer's operations. • (c) The Code of Safe Practices shall be posted at a conspicuous location at each job site office or be provided to each supervisory employee who shall have it readily available. • (d) Periodic meetings of supervisory employees shall be held under the direction of management for the discussion of safety problems and accidents that have occurred. • (e) Supervisory employees shall conduct "toolbox" or "tailgate" safety meetings, or equivalent, with their crews at least every 10 working days to emphasize safety. 32 1509 Construction IIPP Resources These resources are provided on the Cal/OSHA Website: • Pocket Guide for the Construction Industry • Cal/OSHA Workplace Injury and Illness Prevention Program with checklists for self-inspection • Prevention Model Program for High Hazard Employers • Prevention Model Program for Non-High Hazard Employers • Prevention Model Program for Employers with Intermittent Workers • Prevention Model Program for Employers with Intermittent Workers in Agriculture • Workplace Postings • Tailgate/Toolbox Topics: Setting up a Tailgate/Toolbox Safety Meeting 33 11 8. DOSH 461 – Permit to Operate Air Tanks • 7624. The following tanks are not subject to this part: (a)Tanks under the jurisdiction or inspection of the U.S. government. (b) Air pressure tanks used in household domestic services. (c) Tanks of 1 & 1/2 cubic feet or less which are not subject to pressure of more than 150 pounds per square inch. • "Boiler" as used in this part means any fired or unfired pressure vessel used to generate steam pressure by the application of heat subject to this part. 34 Air Tank Permit Resources The pressure vessel unit is responsible under Labor Code Sections 7620 et seq. for the inspection of boilers (any fired or unfired pressure vessel used to generate steam pressure by the application of heat) and tanks (any fired or unfired pressure vessel used for the storage of air pressure or liquefied petroleum gases). The pressure vessel unit has two district offices as follows: • Oakland PV District Office 1515 Clay Street, Ste. 1302 Oakland, CA 94612 (510) 622-3066 • Anaheim PV District Office 2100 E. Katella Ave., Ste. 145 Anaheim, CA 92806 (714) 939-0434 35 9. GISO 5144 – Respiratory Protection Equipment • (1) In the control of those occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the primary objective shall be to prevent atmospheric contamination. This shall be accomplished as far as feasible by accepted engineering control measures (for example, enclosure or confinement of the operation, general and local ventilation, and substitution of less toxic materials). When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to this section. (2) Respirators shall be provided by the employer when such equipment is necessary to protect the health of the employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program • The individual who uses a tight-fitting respirator is to perform a user seal check to ensure that an adequate seal is achieved each time the respirator is put on. Either the positive and negative pressure checks or the respirator manufacturer's recommended user seal check method shall be used. User seal checks are not substitutes for qualitative or quantitative fit tests. 36 12 5144 Respiratory Protection Resources 37 Polling Question A “dust mask” with two straps is not considered a “respirator.” True or False? 38 Answer False Paper masks, sometimes referred to as “dust masks” are considered respirators. 39 13 5144 Respiratory Protection Resources • Cal/OSHA Consultation http://www.dir.ca.gov/DOSH/puborder.asp - Sample Program – Power Points • Hartford Insurance www.thehartford.com/losscontrol 40 How to Avoid Cal/OSHA Citations • Use third-party resources to assist and audit • Take the time to do it right • Educate employees (OSHA will interview them) • Educate Managers, Foremen, Supervisors, etc • Create a safety committee or group • Develop and Implement and EFFECTIVE IIPP 41 Steps to Take When Cal/OSHA Makes an On-site Visit What NOT to do: • Run! • Lie or exaggerate • Tell them to go away What you SHOULD do: • Be prepared • Educate others where to find – OSHA logs, Safety Programs, SDS and Accident Investigation forms • Be accommodating 42 14 Website Resources • Federal OSHA Home Page - http://www.osha.gov/ Statistics (including frequent citations) http://www.osha.gov/oshstats/index.html • Cal/OSHA – Title 8 regulations http://www.dir.ca.gov/samples/search/query.htm Publications http://www.dir.ca.gov/DOSH/puborder.asp 43 Cal/OSHA Support Line 1-559-454-1410 If you believe your company might be violating a Cal/OSHA regulation, call and ask! 44 Hartford Resources • Seminars and Webinars • On Demand Webinars • Online Training (600 Topics) • Consultants available for on-site assistance www.thehartford.com/losscontrol 45 15 Any questions? Thank you for your participation! 46 Disclaimer: The information provided in these materials is of a general nature, based on certain assumptions. The content of these materials may omit certain details and cannot be regarded as advice that would be applicable to all businesses. As such, this information is provided for informational purposes only. Readers seeking resolution of specific safety, legal or business issues or concerns regarding this topic should consult their safety consultant, attorney or business advisors. The background presented is not a substitute for a thorough loss control survey of your business or operations or an analysis of the legality or appropriateness of your business practices. The information provided should not be considered legal advice. The Hartford does not warrant that the implementation of any view or recommendation contained herein will: (i) result in the elimination of any unsafe conditions at your business locations or with respect to your business operations; or (ii) will be an appropriate legal or business practice. Further, The Hartford does not warrant that the implementation of any view or recommendation will result in compliance with any health, fire, or safety standards or codes, or any local, state, or federal ordinance, regulation, statute or law (including, but not limited to, any nationally recognized life, building or fire safety code or any state or federal privacy or employment law). 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