OSHA Safety Training and YOU Wisconsin SHRM State Conference September 28-30, 2005

Norm Arendt, CHS-III, CFEII, PhD Safety Director - SEH OSHA Authorized Instructor Homeland Security Team Water Vulnerability Assessment Team Fire Explosion Investigator/Instructor Pyrotechnician Expert Witness Smith System Instructor

Federal vs State Plan Coverage Laws Enforcement 4000 Regulations

Coverage

Laws

Enforcement

4000 Regulations

Most Frequently Cited - 2005 62(d)(1)(i) Lead – Exposure assessment (58) 50(c) First Aid Training (46) 55(a) Gases, vapors, fumes, dusts & mists - Employee Exposure (46) 55(b) Gases, vapors, etc. – Administrative/Engineering controls (38) 62(d)(1)(iii) Lead – Representative personal sampling (29)

62(d)(1)(i) Lead – Exposure assessment (58)

50(c) First Aid Training (46)

55(a) Gases, vapors, fumes, dusts & mists - Employee Exposure (46)

55(b) Gases, vapors, etc. – Administrative/Engineering controls (38)

62(d)(1)(iii) Lead – Representative personal sampling (29)

Most Often Cited 2005 1. Scaffolding Compliance Training 2. Haz Com Training 3. Fall Protection Training 4. Respiratory Protection 5. LO/TO 6. Powered Industrial Trucks Training 7. Electrical Wiring 8. Machine Guarding Training 9. Electrical Generation 10. Ladders Training

1. Scaffolding Compliance Training

2. Haz Com Training

3. Fall Protection Training

4. Respiratory Protection

5. LO/TO

6. Powered Industrial Trucks Training

7. Electrical Wiring

8. Machine Guarding Training

9. Electrical Generation

10. Ladders Training

The “General Duty” Clause OSH Act – Public Law 91-596 Dec. 29, 1970 Section 5 (a) (1): “ Each employer shall furnish to each of his employees, employment and a place of employment, which is free from recognized hazards that are causing or are likely to cause, death or serious physical harm to employees”

OSH Act – Public Law 91-596 Dec. 29, 1970

Section 5 (a) (1):

“ Each employer shall furnish to each of his employees, employment and a place of employment, which is free from recognized hazards that are causing or are likely to cause, death or serious physical harm to employees”

G.D. C. (cont.) 5(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.

5(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.

Incorporation by Reference Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…

Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…

New Changes expands to include requirements for high-visibility headwear, criteria for knit or woven fabrics, and additional user guidance.

expands to include requirements for high-visibility headwear, criteria for knit or woven fabrics, and additional user guidance.

Changes cont. In the absence of clinic, hospital… that is “reasonably accessible” (3-4 Minutes) to the worksite, a person who has a valid certificate in First Aid training must be available

In the absence of clinic, hospital… that is “reasonably accessible” (3-4 Minutes) to the worksite, a person who has a valid certificate in First Aid training must be available

Defensive Driving Leading cause of fatalities in the work place Cost employers $31 Billion annually Insurance issue Cell phones Smith System or NSC

Leading cause of fatalities in the work place

Cost employers $31 Billion annually

Insurance issue

Cell phones

Smith System or NSC

Changes cont. Brown Recluse Spider West Nile Virus Rocky Mountain Spotted Fever Lymes Ehrlichiosis Rift Valley Fever Flu Tularemia Bird Flu (H5N1)

Brown Recluse Spider

West Nile Virus

Rocky Mountain Spotted Fever

Lymes

Ehrlichiosis

Rift Valley Fever

Flu

Tularemia

Bird Flu (H5N1)

Brown Recluse Spider Bites

Medical and First Aid Must post emergency numbers in locations where 911 is not available

Must post emergency numbers in locations where 911 is not available

Housekeeping Combustible scrap and debris must be removed at regular intervals Form and scrap lumber with protruding nails and all other debris, shall be cleared from work areas, passageways, and stairs… Containers shall be provided for waste, trash, oily and used rags…. Cubicles shall be clean and orderly

Combustible scrap and debris must be removed at regular intervals

Form and scrap lumber with protruding nails and all other debris, shall be cleared from work areas, passageways, and stairs…

Containers shall be provided for waste, trash, oily and used rags….

Cubicles shall be clean and orderly

Required Personnel (Key OSHA Terms) Competent Person Qualified Person Designated Person Authorized Person

Competent Person

Qualified Person

Designated Person

Authorized Person

Competent Person One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them

One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them

Qualified Person One who, by having a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, & experience, has successfully demonstrated his ability to solve or resolve problems relating to the work I.e., a Professional Engineer

One who, by having a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, & experience, has successfully demonstrated his ability to solve or resolve problems relating to the work

I.e., a Professional Engineer

Authorized Person A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location or locations at the jobsite (Same definition for Designated Person )

A person approved or assigned by the employer to perform a specific type of duty or duties, or be at a specific location or locations at the jobsite

(Same definition for Designated Person )

Examples of Areas With Competent Person Requirements Fall Protection Scaffolding Trench & Excavation Respirator Use Cranes & Derricks Ladders Hearing Protection Welding & Cutting Electrical Concrete forms & Shoring Demolition Lead Ionizing and Non-Ionizing Radiation

Fall Protection

Scaffolding

Trench & Excavation

Respirator Use

Cranes & Derricks

Ladders

Hearing Protection

Welding & Cutting

Electrical

Concrete forms & Shoring

Demolition

Lead

Ionizing and Non-Ionizing Radiation

Words Shall Should May

Shall

Should

May

Department of Commerce Adopted OSHA 2003 Forms Training Requirements Inspections Investigations

Adopted OSHA 2003

Forms

Training Requirements

Inspections

Investigations

Managing Programs Include Recordkeeping Required Programs Inspections Training Documentation Schedules and Budgets Files

Recordkeeping

Required Programs

Inspections

Training

Documentation

Schedules and Budgets

Files

Recording and Reporting Occupational Injuries and Illness 29 CFR 1910.1904 New Forms OSHA 300 & 300A 301A Summary Posting February 1 – April 30 www.osha.gov (download forms and regs) Hearing loss reportable in 2004

New Forms OSHA 300 & 300A

301A Summary

Posting February 1 – April 30

www.osha.gov (download forms and regs)

Hearing loss reportable in 2004

Bloodborne Pathogens (Exposure Control Plan) 29 CFR 1910.1030 Determination – Job Hazard Analysis Full and Part Time Employees Included Job Task Change – Determination Updated Hep B Program Review Program Annually

Determination – Job Hazard Analysis

Full and Part Time Employees Included

Job Task Change – Determination Updated

Hep B Program

Review Program Annually

Hepatitis C, B, A, D, E and G All cause inflammation of the liver Order of severity Fatigue, lack of appetite, nausea, vomiting, jaundice, fever 100+, joint pain

C, B, A, D, E and G

All cause inflammation of the liver

Order of severity

Fatigue, lack of appetite, nausea, vomiting, jaundice, fever 100+, joint pain

Control of Hazardous Energy (LOTO) 29 CFR 1910.147 Evaluation of Machines and Equipment New Machines or Equipment – Evaluation Updated Periodic Certification of Authorized Employees Review Program Annually

Evaluation of Machines and Equipment

New Machines or Equipment – Evaluation Updated

Periodic Certification of Authorized Employees

Review Program Annually

Emergency Action Plans 29 CFR 1910.38 Determine Evacuation Plans for Facilities Designate Coordinators for Evacuation Construction Changes will Require Updated Evacuation Plan Plan Should Cover Fires, Natural Disasters, Threats, Etc.

Determine Evacuation Plans for Facilities

Designate Coordinators for Evacuation

Construction Changes will Require Updated Evacuation Plan

Plan Should Cover Fires, Natural Disasters, Threats, Etc.

Emergency Response Plans 29 CFR 1910.120 Determine if Employee Will Control Or Use Outside Source Will Chemical Release Affect Surrounding Population (RMP) Determine Required Personal Protective Equipment Review Program Annually

Determine if Employee Will Control Or Use Outside Source

Will Chemical Release Affect Surrounding Population (RMP)

Determine Required Personal Protective Equipment

Review Program Annually

Hazard Communication 29 CFR 1910.1200 Chemical Inventory Determination – computer Spread Sheet – Product/Common Name MSDS Determination – Match Inventory New Chemicals – Updated Inventory & New MSDS Full & Part Time Employees Included Include any labs Program Review Annually

Chemical Inventory Determination – computer Spread Sheet – Product/Common Name

MSDS Determination – Match Inventory

New Chemicals – Updated Inventory & New MSDS

Full & Part Time Employees Included

Include any labs

Program Review Annually

Personal Protective Equipment 29 CFR 1910.132 Hazard Assessment Certifications Identify Hazard (Impact; Penetration; Compression; Chemical; Heat; Harmful Dust; Light Radiation Identify Head Protection Eye & Face Protection Hand Protection Foot Protection Protective Clothing

Hazard Assessment Certifications

Identify Hazard (Impact; Penetration; Compression; Chemical; Heat; Harmful Dust; Light Radiation

Identify Head Protection

Eye & Face Protection

Hand Protection

Foot Protection

Protective Clothing

Personal Protective Equipment 29 CFR 1910.132 PPE Training on Equipment Use Care Limitations Fitting & Warnings Etc…

PPE Training on Equipment

Use

Care

Limitations

Fitting &

Warnings

Etc…

Respiratory Protection 29 CFR 1910.134 Facility Evaluation for Respiratory Hazards List Types of Respirators Determine IDHL Areas Determine Program Administrator Fit Testing – Annually Medical Evaluations – Physicians Determines Review Program Annually

Facility Evaluation for Respiratory Hazards

List Types of Respirators

Determine IDHL Areas

Determine Program Administrator

Fit Testing – Annually

Medical Evaluations – Physicians Determines

Review Program Annually

Hearing Conservation 29 CFR 1910.95 Noise Evaluation – Communicate Results to Employees Annual Hearing Test New Equipment Will Require Noise Evaluation

Noise Evaluation – Communicate Results to Employees

Annual Hearing Test

New Equipment Will Require Noise Evaluation

Noise cont. Hours Sound Level 8 90 6 92 4 95 3 97 2 100 1 ½ 102 1 105 ½ 110 ¼ or less 115

Hours Sound Level

8 90

6 92

4 95

3 97

2 100

1 ½ 102

1 105

½ 110

¼ or less 115

Noise cont. Pneumatic Chipping Hammer 110 - 113 dBA Jackhammer 102 - 111 dBA Concrete Joint Cutter 99 - 102 dBA Bulldozer 93 - 96 dBA Crane 90 - 96 dBA Gradeall 87 - 94 dBA Front End Loader 86 - 94 dBA Backhoe 84 - 93 dBA

Pneumatic Chipping Hammer 110 - 113 dBA

Jackhammer 102 - 111 dBA

Concrete Joint Cutter 99 - 102 dBA

Bulldozer 93 - 96 dBA

Crane 90 - 96 dBA

Gradeall 87 - 94 dBA

Front End Loader 86 - 94 dBA

Backhoe 84 - 93 dBA

Confined Space Entry All employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment Confined Space: … .any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere

All employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment

Confined Space:

… .any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere

Permit-Required Confined Spaces 29 CFR 1910.146 Confined Space Evaluation – Even if Not Entering Determine Retrieval Equipment Determine Rescue Equipment Permits Retained For 1 Year Review Program Annually

Confined Space Evaluation – Even if Not Entering

Determine Retrieval Equipment

Determine Rescue Equipment

Permits Retained For 1 Year

Review Program Annually

MULTIEMPLOYER WORKSITE POLICY Field Inspection Reference Manual Chapter II

Affirmative defense employer can use to challenge an OSHA citation

Multiemployer Worksites Both construction and non-construction Citation normally issued to exposing employer Employers may be cited whether or not their own employees are exposed

Both construction and non-construction

Citation normally issued to exposing employer

Employers may be cited whether or not their own employees are exposed

Multiemployer Worksites Citable Employers Employer who actually creates the hazard (creating employer) Employer responsible by contract Employer who has authority for ensuring hazardous conditions are corrected (controlling employer) Employer who has responsibility for correcting the hazard (correcting employer)

Employer who actually creates the hazard (creating employer)

Employer responsible by contract

Employer who has authority for ensuring hazardous conditions are corrected (controlling employer)

Employer who has responsibility for correcting the hazard (correcting employer)

Affirmative Defense - Exposing Employer Did not create the hazard Did not have the responsibility or authority to have hazard corrected did not have ability to correct or remove the hazard Specifically notifies controlling/correcting employer of the hazard Instructed employees to recognize and avoid the hazard Took appropriate steps to protect employees In extreme circumstances, removes employees

Did not create the hazard

Did not have the responsibility or authority to have hazard corrected

did not have ability to correct or remove the hazard

Specifically notifies controlling/correcting employer of the hazard

Instructed employees to recognize and avoid the hazard

Took appropriate steps to protect employees

In extreme circumstances, removes employees

Affirmative Defense (cont.) If employer meets all these defenses, the employer shall not be cited If all employees on worksite meet these conditions, only employers responsible for creating the hazard or in the best position to correct hazard may be cited Employers will be cited even though no employers are exposed All employees shall be trained in the policy

If employer meets all these defenses, the employer shall not be cited

If all employees on worksite meet these conditions, only employers responsible for creating the hazard or in the best position to correct hazard may be cited

Employers will be cited even though no employers are exposed

All employees shall be trained in the policy

Two Steps Determine whether creating, exposing, controlling, correcting employer Determine if the employers actions were sufficient to meet regulations (Extend of actions required varies based on the category)

Determine whether creating, exposing, controlling, correcting employer

Determine if the employers actions were sufficient to meet regulations

(Extend of actions required varies based on the category)

30 Day Inspections Emergency Respirators – SCBA & SAR’s Retrieval Equipment (Manufacturer Requirements) Fire Extinguishers – Safety Inspections Overhead Crane Inspections

Emergency Respirators – SCBA & SAR’s

Retrieval Equipment (Manufacturer Requirements)

Fire Extinguishers – Safety Inspections

Overhead Crane Inspections

Annual Inspections Fire Extinguishers – Maintenance Inspection Overhead Crane Inspections Control of Hazardous Energy Periodic Inspections (Authorized Employees) Retrieval Equipment Competent Person Inspection Retractable Lifelines – Manufacturer Inspection

Fire Extinguishers – Maintenance Inspection

Overhead Crane Inspections

Control of Hazardous Energy Periodic Inspections (Authorized Employees)

Retrieval Equipment Competent Person Inspection

Retractable Lifelines – Manufacturer Inspection

Periodic Inspections Work Place – Job Tasks, Work Areas, Etc Weekly, Bi-weekly or monthly Inspection Should Include: Personal Protective Equipment Flammable and Combustible Materials Portable & Power Tools Lockout/Tagout Confined Spaces & Equipment

Work Place – Job Tasks, Work Areas, Etc

Weekly, Bi-weekly or monthly

Inspection Should Include:

Personal Protective Equipment

Flammable and Combustible Materials

Portable & Power Tools

Lockout/Tagout

Confined Spaces & Equipment

Periodic Inspections – cont. Electrical Walking-Working Surfaces Chemicals Fire Protection Housekeeping

Electrical

Walking-Working Surfaces

Chemicals

Fire Protection

Housekeeping

Other Issues to Consider RF Training – Cellular Carriers – Proof on person Dust Emissions on YOUR property Hydrant Painting - 29CFR1926.62 Chip Analysis Make sure the inspectors you hire are qualified and not just low bid!!!

RF Training – Cellular Carriers – Proof on person

Dust Emissions on YOUR property

Hydrant Painting - 29CFR1926.62

Chip Analysis

Make sure the inspectors you hire are qualified and not just low bid!!!

Certifications OSHA Authorized Outreach Trainers Certified Inspector – National Association of Corrosion Engineers (NACE) Certified – Protective Coatings Specialist w/ Society for Protective Coatings (SSPC) Certified Associate Welding Inspector w/ American Welding Society (AWS)

OSHA Authorized Outreach Trainers

Certified Inspector – National Association of Corrosion Engineers (NACE)

Certified – Protective Coatings Specialist w/ Society for Protective Coatings (SSPC)

Certified Associate Welding Inspector w/ American Welding Society (AWS)

Schedule Annually Fit Testing Possible Medical Evaluations (Physician) Hearing Test Site-Specific Training & Program Reviews Confined Space Entry Permit Review Confined Space Rescue Training

Annually

Fit Testing

Possible Medical Evaluations (Physician)

Hearing Test

Site-Specific Training & Program Reviews

Confined Space Entry Permit Review

Confined Space Rescue Training

Budget Annual Annual Training – Refresher & Rescue Air Monitoring Calibration Gas Retractable Lifelines Inspection Fire Extinguisher Maintenance Inspection Respirator Fit testing PPE

Annual

Annual Training – Refresher & Rescue

Air Monitoring Calibration Gas

Retractable Lifelines Inspection

Fire Extinguisher Maintenance Inspection

Respirator Fit testing

PPE

Training Schedule Description Employee Emergency Plans Fire Prevention Plans Occupational Noise Exposure Emergency Response PPE Respiratory Protection Training Initial, Annual, Hands-on Initial, Annual Initial, PPE Purchased Initial, Annual, Hands-on Initial on Certifications, PPE Purchased Hands-on Initial, Annual Program Review, Annual Hands-on

Description

Employee Emergency Plans

Fire Prevention Plans

Occupational Noise Exposure

Emergency Response

PPE

Respiratory Protection

Training

Initial, Annual, Hands-on

Initial, Annual

Initial, PPE Purchased

Initial, Annual, Hands-on

Initial on Certifications, PPE Purchased Hands-on

Initial, Annual Program Review, Annual Hands-on

Training Schedule Permit-Required Confined Space Control of Hazardous Energy Initial, Annual Program Review, Annual Permit Review, Rescue Annual Initial, Annual Program Review, Periodic Certification Determines

Permit-Required Confined Space

Control of Hazardous Energy

Initial, Annual Program Review, Annual Permit Review, Rescue Annual

Initial, Annual Program Review, Periodic Certification Determines

Training Schedule Fire Protection Portable Fire Extinguishers Welding, Cutting, Brazing Oxygen-Fuel Gas Welding & Cutting Arc Welding & Cutting Annual Annual Initial Training Initial Training Initial Training

Fire Protection

Portable Fire Extinguishers

Welding, Cutting, Brazing

Oxygen-Fuel Gas Welding & Cutting

Arc Welding & Cutting

Annual

Annual

Initial Training

Initial Training

Initial Training

Training Schedule Electrical Bloodborne Pathogens Hazard Communications Scaffolding/Ladders Initial Training Initial, Annual Program Review Initial, Annual Program Review, Initial MSDS Initial Training

Electrical

Bloodborne Pathogens

Hazard Communications

Scaffolding/Ladders

Initial Training

Initial, Annual Program Review

Initial, Annual Program Review, Initial MSDS

Initial Training

Training Documentation Certification Date of Training Employer – Include Department Employee Instructor Name & Signature Agenda – Description of Training

Certification

Date of Training

Employer – Include Department

Employee

Instructor Name & Signature

Agenda – Description of Training

Documentation Required All Training Reviews Respiratory Fit Testing Name/Identification of the Employee Tested Type of Fit Test Performed Make, Model, and Size of the Respirator Tested Date of the Fit Test Pass/Fail Results, Qualitative/Quantitative Fit Test

All Training

Reviews

Respiratory Fit Testing

Name/Identification of the Employee Tested

Type of Fit Test Performed

Make, Model, and Size of the Respirator Tested

Date of the Fit Test

Pass/Fail Results, Qualitative/Quantitative Fit Test

Files Injury & Illness Records Written Safety and Health Procedures Medical Records Training Records Inspection Records Fit Testing Records Chemical Inventory/MSDS Confined Space Entry Permits PPE Hazard Assessment Certificates

Injury & Illness Records

Written Safety and Health Procedures

Medical Records

Training Records

Inspection Records

Fit Testing Records

Chemical Inventory/MSDS

Confined Space Entry Permits

PPE Hazard Assessment Certificates

Program Management Organization Planning Budget Communication Posters Safety Meetings Videos Commitment Management Participation

Organization

Planning

Budget

Communication

Posters

Safety Meetings

Videos

Commitment

Management Participation

Trainers Qualifications OSHA Authorized MSHA Authorized Other Certifications Presentation Ability – What do YOU need Competent Persons Qualified Persons Authorized Persons

Qualifications

OSHA Authorized

MSHA Authorized

Other Certifications

Presentation Ability – What do YOU need

Competent Persons

Qualified Persons

Authorized Persons

What Can We Do For You Safety Manuals Training Plans – Including RMP, ERP, Etc.. Job Hazard Analysis Safety Audits What do you need

Safety Manuals

Training

Plans – Including RMP, ERP, Etc..

Job Hazard Analysis

Safety Audits

What do you need