Dairy LEP Webinar Inspection Process

Transcription

1 Dairy LEP Webinar Inspection Process UW Extension December 6, 2011 Dairy LEP: Inspection Selection 12 Inspections Statewide 3 per Area Office DATCP ( 2 sites ) (Dept. of Ag, Trade and Consumer Protection) 12,500 Licensed Milk Producers in WI CAFO ( 1 site ) Concentrated Animal Feeding Operation DNR based list: (Animal Waste Rules) > 180 Sites > 1,000 Cows RANDOM NUMBER TABLE 1

2 Inspection Priorities Inspection Types: ID - Imminent Danger FAT/CAT-(Fatality/Catastrophe) Complaint / Referral General Schedule Fatality / Catastrophe Fatality: One or more Catastrophe: 3 or more Hospitalized ( admitted ) ER must report to OSHA w/in 8 hours. OSHA Hotline OSHA 2

3 Complaints Formal Signed by a present employee or representative of employee Request on-site inspection Non-Formal or Investigation Phone/Fax ER responses in writing in 5 days Employee Rights Request OSHA investigation Name withheld from ER complaint Talk with compliance officers Participate in inspection and after inspection action. Offered Whistleblower Protection 11( c) 3

4 Employee Rights Review OSHA standards, rules and regulations available in the workplace. Request information from ER on S&H hazards, precautions, emergency procedures, Receive adequate training and information Section 11(c) Discrimination can include: Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Reassignment affecting future promotions Reducing pay or hours 4

5 Referral Another Agency Wage & Hour has Temporary Camp Jurisdiction and can refer to OSHA Police or Coroner Another CSHO Have done Health Referral for Formaldehyde (Foot Baths) Self-Referral Drive-By Limited in Dairy General Schedule General Industry Construction Emphasis Programs LEP NEP SEP Lead, Falls, Silica, Isocyanates, Plating, Concrete, SST, PIV 5

6 CSHO Protection Field Hazard Bulletin Developed Lists Hazards and Precautions PPE: Inform CSHO of any Site Specific Requirements No Exposure to Hazards No entry Confined Spaces WILL BE ACCOMPANIED BY MANAGEMENT PERSONNEL! Bio- Security Concerns: OSHA Personnel Trained Equipped with Boots and means to wash International Travel has been reported Initial Contact when Arriving on Site Farm Policy Signage.Office Area, Visitors, etc. Discuss Policy/Concerns w/ CSHO 6

7 CSHO Compliance Safety and Health Officer Safety and/or Health Disciplines Authorized to Enter Workplace Without Advanced Notice Have a Plan to notify manager/owners if OSHA shows up Inspect & Investigate Conditions Question Privately Employees and Employer On-Site Inspection Presentation of Credentials Opening Conference Records Review Program Review Walkaround Closing Conference 7

8 Recordkeeping Employers of 11 or more employees must maintain records of occupational injuries and illnesses Recordkeeping All industries in agriculture, construction, manufacturing, transportation, utilities and wholesale trade sectors are covered Size Exemption: If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep the injury and illness records unless surveyed by OSHA or BLS 8

9 Agricultural Standards: Roll-over protective structures (ROPS) for tractors used in agricultural operations Guarding of farm field equipment, farmstead equipment, and cotton gins Field Sanitation. Employee Operating Instructions 1928 Subpart C App A 1. Securely fasten your seat belt if the tractor has a ROPS. 2. Where possible, avoid operating the tractor near ditches, embankments, and holes. 3. Reduce speed when turning, crossing slopes, and on rough, slick, or muddy surfaces. 4. Stay off slopes too steep for safe operation. 5. Watch where you are going, especially at row ends, on roads, and around trees. 6. Do not permit others to ride. 7. Operate the tractor smoothly - no jerky turns, starts, or stops. 8. Hitch only to the drawbar and hitch points recommended by tractor manufacturers. 9. When tractor is stopped, set brakes securely and use park lock if available. 9

10 General Industry When Referenced in (a) (b) Except to the extent specified in paragraph (a) of this section, the standards contained in Subparts B through T and Subpart Z of part 1910 of this title do not apply to agricultural operations (a): The following standards in part 1910 of this Chapter shall apply to agricultural operations: (a)(1): Temporary labor camps ; (a)(2): Storage and handling of anhydrous ammonia (a) and (b); (a)(3): Logging Operations ; (a)(4): Slow-moving vehicles (a)(5): Hazard communication (a)(6): Cadmium (a)(7): Retention of DOT markings, placards and labels General Duty Clause Section 5(a)(1) of the Act "...that each employer shall furnish...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." Applies when there is no specific standard 10

11 General Duty Clause Elements Employee Exposure Serious Hazard Knowledge Abatement Method Recognition 5(a)(1) Manure Pit Hazard Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to immersion drowning hazards due to an unguarded underground manure storage pit pump access point: (a) Outdoor manure storage pit; An open manure pump access point lacked guarding to prevent accidental employee entry. AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE MEANS OF ABATEMENT WOULD BE TO; 1) FOLLOW ASABE (AMERICAN SOCIETY OF AGRICULTURAL AND BIOLOGICAL ENGINEERS) PUBLICATION EP470 "MANURE STORAGE SAFETY, JANUARY, 1992 (R2005), PARAGRAPH 5.1.5; 2) COMPLY WITH THE GUIDELINES OUTLINED IN WI NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE, STANDARD NO. CODE 634 "MANURE TRANSFER" SECTION 4 (A) AND STANDARD # 313 "WASTE STORAGE FACILITY" SECTION 11(A); 3) COMPLY WITH THE ANSI (AMERICAN NATIONAL STANDARDS INSTITUTE) STANDARD A , SAFETY REQUIREMENTS FOR FLOOR AND WALL OPENINGS, RAILINGS, AND TOEBOARDS, SECTION 3, WITH REGARD TO GUARDING OPEN PITS; 4) FOLLOW THE GUIDELINES OF THE UNIVERSITY OF WISCONSIN EXTENSION PUBLICATION A3675 "SAFETY CONSIDERATIONS FOR MANURE HANDLING" BY MARK A. PURSCHWITZ. Abatement note: Abatement certification and documentation are required for this item. 11

12 Hazards Identified in LEP Manure Storage and Collection Structures Dairy Bull and Cow Behavior / Worker Positioning Electrical Systems Tractor Operation Guarding of Power Take-Offs (PTOs) Machine Guarding: Field and Farmstead Equipment Lockout Unexpected Energy Release Hazard Communication Confined Spaces Horizontal Bunker Silos Noise Top Four Construction Hazards 90% of Injuries and Deaths Falls, (e.g., floors, platforms, roofs) Struck by, (e.g., falling objects, vehicles) Caught in/between (e.g., cave-ins, unguarded machinery, equipment) Electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring) 12

13 Legal Sufficiency Documentation of Violations Violation: Exposure to Hazard Activity How often Training Exact Distances Hazard Cause Harm Employer Knowledge Existing Standard Post Inspection Element Citation Issuance Classification Penalties Appeal Process Informal Conference Contest Rights Final Order Abatement Submission 13

14 Gravity-Based Penalty OLD New High/Greater $5,000 or $7,000 $7,000 Medium/Greater $3,500 $6,000 Low/Greater $2,500 $5,000 High/Lesser $2,500 $5,000 Medium/Lesser $2,000 $4,000 Low/Lesser $1,500 $3,000 Contractors On-Site LEP allows Inspection Multi-Employer Worksite Policy CPL CPL Multi-Employer Citation Policy b/owadisp.show_document?p_ta ble=directives&p_id=

15 Who s Problem is it? Who s Problem is it? 15

16 It s Everyone s Problem!!! Creating Who maintained the pump? Exposing Who s Employees Use The Pump? Correcting Who Was to Fix the Pump? Controlling Who Has Oversight/Authority for The Project? Wage and Hour Interaction Temporary Labor Camps 16

17 Youth Safety Issues/Concerns DOL Wage & Hour EPA The Environmental Protection Agency (EPA) has jurisdiction over employee protection relating to pesticides (which also includes herbicides, fungicides, and rodenticides). The EPA Worker Protection Standard (WPS), 40 CFR Part 170, protects employees on farms from occupational exposure to agricultural pesticides which includes provisions for personal protective equipment (PPE), labeling, employee notification, safety training, safety posters, decontamination supplies, emergency assistance, and restricted field entry. OSHA has no authority to issue any citations related to pesticide exposures, pursuant to Section 4(b)(1) of the OSH Act. 17

18 DOT for Public Highways Section 4(b)1 OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency. For example: While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. Possible Expansion to Grain Activities If postharvest activities/operations are being conducted at the site (see Section C, Jurisdiction), an inspection of these operations may be conducted at the discretion of the Area Director in accordance with the Region V LEP for Grain Handling Facilities, CPL (LEP17). Post Harvest is not agriculture, No size or family exemption exists. 18

19 Region V Local Emphasis Program for for Grain Handling Facilities CPL (LEP 017) August Warning Letter to Grain Industry 19

20 S&H Top Hazards: Grain LEP Engulfment Auger Entanglement Struck By Fall Protection Electrocution Combustible Dust Explosions QUESTIONS 20