All About OSHA. Marianne McGee. Compliance Assistance Specialist Corpus Christi Area Office

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1 All About OSHA Marianne McGee Compliance Assistance Specialist Corpus Christi Area Office

2 What is OSHA? Occupational Safety and Health Administration An agency within the U.S Department of Labor Created in 1970 to address the problem of occupational injury and illnesses What is OSHA s mission? To ensure that every worker has a safe and healthful workplace free from recognized hazards

3 Why is OSHA necessary? Approximately 12 people die in the workplace everyday. 3.3 million employees will suffer serious occupational injuries or illnesses every year. Who is Covered under OSHA? Employees of an employer who is employed in a business in the US or territory. Federal employees

4 Who is not Covered under OSHA? Self employed individuals Partners is equal partnership Those covered by other federal regulations. i.e., railroad workers and atomic energy workers Public employees in state and local governments Farm families Definition of Farm Families? (b)(2) Members of the immediate family of the farm employer are not regarded as employees for the purposes of this definition.

5 The Real World OSHA has less than 2500 inspectors for approximately 7 million workplaces. That s 2800 sites per inspector. An average of 50 inspections per year. It would take 56 years to do all worksites. OSHA Inspection Priorities Imminent danger conditions Fatality and Catastrophe Complaints and referrals Programmed inspections Emphasis Programs

6 Emphasis Programs National Emphasis Trenching/excavation Refineries and Chemical plants Regional Emphasis Oil and Gas drilling Grain handling Local Emphasis Ship breaking Grain Handling REP - SIC (NAICS) 4221 (NAICS ) establishments primarily engaged in warehousing of farm products Grain elevators, storage only Farm products warehousing 5153 (NAISC ) - establishments primarily engaged in buying and/or marketing grain. Country grain elevators buying or receiving grain from farmers Grain elevators, except storage only

7 Why Focus on Grain Handling? Nationwide Jan Oct Fatalities 40 Engulfments 32 Falls 7 Explosions Texas Jan Dec Fatalities 4 Engulfment (3 CCAO) 4 Moving equipment auger, belt/pulley (1 CCAO) 1 Fall from ladder (CCAO) Site Selection Process Obtain location of all worksites within the area office jurisdiction (within the emphasis NAICS code) Apply objective/neutral selection criteria to the list of worksites Assign inspections from the list Must later evaluate effectiveness of emphasis programs

8 OSHA Inspection Scope Comprehensive (wall to wall) Programmed Limited Scope Fatality, complaint, referral What are an employer s responsibilities? Post at a prominent location within the workplace, the OSHA poster informing employees of their rights and responsibilities Maintain OSHA- required records of workrelated injuries and illnesses. OSHA 300 log Report within 8 hours any accident that results in a fatality or catastrophe

9 What are an employer s responsibilities? Provide a workplace free from recognized hazards Be familiar with OSHA standards Comply with OSHA rules and regulations Provide employee access to the OSHA 300 log and medical and exposure records Evaluate workplace conditions Minimize or eliminate potential hazards Reporting Requirements Within 8 hours of a work-related fatality or accident resulting in the hospitalization of three or more employees the employer shall orally report the incident to the Area Office or OSHA.

10 The OSHA 300 Log Employers exempt from maintaining the OSHA 300 Log include*: Those with 10 or fewer employees Those in low-hazard industries Retail trade Finance, Insurance, Real Estate Services (Sic 52-89) *Unless the Bureau of Labor Statistics (BLS) or OSHA notifies them they have been selected to participate in a mandatory data collection Maintaining the OSHA 300 Log Occupational injuries and illnesses resulting in a fatality, lost work, restricted work, or medical treatment must be recorded on the OSHA 300 log.

11 What happens when OSHA arrives at your door? Compliance Officer will present his/her credentials An opening conference will be conducted covering the purpose and scope of the visit, walk around procedures, employee representation, employee interviews, and the closing conference. Then What? After the opening conference, the compliance officer reviews records then with accompanying representatives proceeds through the establishment, inspecting work areas for potentially hazardous working conditions. The compliance officer will conduct private employee interviews.

12 Then? After the inspection walkaround, the compliance officer holds a closing conference discussing: Unsafe or unhealthful conditions observed and all apparent violations for which citations may be recommended Right to an informal conference within 15 working days of receiving citations Then? Employee protection against discrimination under 11(c) of the OSH Act Abatement documentation Right to contest

13 What is Compliance Assistance? NON - enforcement responsibilities Partnerships Alliances Outreach Voluntary Protection Program Other non-enforcement duties as assigned Emergency response What can the Compliance Assistance Specialist (CAS) do for you? Provide guidance on OSHA regulations (without the fear of calling OSHA ) Present information to groups or associations to assist employers in complying with OSHA regulations Direct you to available resources

14 Where do I find the CAS? OSHA and State Plan Offices What are some of the Grain Handling Hazards? Flammable/combustible dust explosions Engulfment Electrocution Falls Auger entanglement Struck by

15 OSHA Website Free fact sheets, guidance documents, pocket guides and hundreds of other publications. Industry and hazard specific information. OSHA FACT SHEET Worker Entry into Grain Storage Bins Engulfment and suffocation hazards Where employees must enter storage bins, employers must: De-energize equipment Prohibit walking down grain Prohibit entry onto or below bridging Provide body harness and lifeline Provide rescue equipment and observer Test air prior to entry Issue entry permit

16 OSHA Grain Handling Hot work Entry into bins, silos, tanks, other storage structures Inside Bucket Elevator Legs Preventive Maintenance Housekeeping Emergency Action Plan Training and Education Small Business Resources Web pages Handbook Consultation Tailored programs

17 OSHA Questions??? 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, 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

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