OSHA Updates: What Every Employer Should Know. March 11, Paul Moore, CSP, ARM. Agenda

Size: px

Start display at page:

Download "OSHA Updates: What Every Employer Should Know. March 11, Paul Moore, CSP, ARM. Agenda"

Eileen Sanders
6 years ago
Views:

1 OSHA Updates: What Every Employer Should Know March 11, 2014 Paul Moore, CSP, ARM 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) 1

2 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 2

3 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 3

4 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 4

5 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!!! To Be Forewarned Is To Be Forearmed Be Prepared Scout Motto A word to the wise is sufficient 5

6 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 #1 Injury & 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) 6

Violation ($25,000) Between the months of May and October #3

7 #2 Heat 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 #3 IIPP For Construction Companies: Section 1509 General Violation 7

#4 Failure to Report A Serious Injury: Section 342 Special Regulatory ($5,000) Notify DOSH (Division of Occupational Safety & Health / Cal/OSHA) Within 8 Hours #5

8 #4 Failure to Report A Serious Injury: Section 342 Special Regulatory ($5,000) Notify DOSH (Division of Occupational Safety & Health / Cal/OSHA) Within 8 Hours #5 Hazard Communication Program: Section 5194 (Revised) Serious Violation ($25,000) May Be Classified As General Violation Depending on the Chemical Classification 8

9 #6 Permits to Operate Air Tanks (Air Compressor Permits): Section 461 Regulatory Violation ($7,000) #7 Emergency Medical Services For Construction: Section 1512 General Violation 9

Hand Washing) General Violation #9 Emergency Eyewash &

10 #8 Field Sanitation For Agricultural Operations: Section 3457 (Drinking Water, Disposable Cups, Toilets, Hand Washing) General Violation #9 Emergency Eyewash & Shower Equipment: Section 5162 Serious Violation ($25,000) 10

11 #10 Forklift Operator Training: Section 3668 General Violation #11 Grinders (Abrasive Wheels): Section 3577 Serious Violation ($25,000) 11

12 #12 Guarding of Belts and Pulleys: Section 4070 Serious Violation ($25,000) 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 12

13 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? 13

Fed OSHA s Top Ten Violations (Oct 1, 2012 Sep. 30 2013) 1. 1926.501 Fall Protection (Lanyards, Guardrails, etc.) 2. 1910.1200 Hazard Communication 3. 1926.451 Scaffolding 4. 1910.134 Respiratory Protection 5.

14 Fed OSHA s Top Ten Violations (Oct 1, 2012 Sep ) Fall Protection (Lanyards, Guardrails, etc.) Hazard Communication Scaffolding Respiratory Protection Electrical, Wiring Methods Powered Industrial Trucks (Forklifts) Ladders Lockout/Tagout Electrical, General Requirements Machine Guarding #1 Fall Protection 14

15 #3 Scaffolding #4 Respiratory Protection 15

16 #5 Electrical Wiring Methods #7 Ladders 16

17 #8 Lock Out / Tag Out #9 Electrical: General Requirements 17

18 #10 Machine 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 18

19 Managing The 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) Managing The 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 19

20 (Relatively) New AB 2774 Labor 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. 20

21 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. 21

22 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. 22

23 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 23

24 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 24

25 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 25

26 Helpful Links Cal/OSHA: Cal/OSHA Standards Board: Fed OSHA: Risk Management: Discussion and Questions Thank You! Paul Moore, CSP, ARM 26

State of California. Department of Industrial Relations Division of Occupational Safety and Health

State of California. Department of Industrial Relations Division of Occupational Safety and Health State of California Department of Industrial Relations Division of Occupational Safety and Health Highlights Cal/OSHA Overview Inspection Process Injury and Illness Prevention program Other applicable