Fairly recent OSHA safety updates to regulations, as well as clarification of existing rules.

2. AGENDA
• OSHA Update-Latest rulemaking and enforcement
• Surviving an OSHA inspection—Common questions, tips
• Injury/Illness recordkeeping—Trouble spots
• Training—Tips for improving training, OSHA requirements
• Most challenging OSHA issues—Common questions, tips
• Recap—Preparation, compliance & prevention

3. HAZCOM/GHS Compliance dates
• DECEMBER 1, 2013: Train employees on SDS/Labels
• June 1, 2015*: Chemical manufacturers must ship with compliant container labels/SDSs
• December 1, 2105: Distributors must ship under new system
• June 1, 2016: Employers must make any needed updating to their programs
*OSHA will allow some “good faith” exceptions on a case-by-case basis

4. GHS/HAZCOM Clarifications
Labeling
• NFPA/HMIS can still be used in-house
As long as employees are trained where to get more information, how the system works, etc.
• No exemption for content on small containers (except in-house)
• No size requirements for labels
• No blank pictograms allowed
• Red border required (except in-house)
• DOT Label still required for transport
OSHA and DOT may appear together, e.g., on drums

5. AUDIENCE QUESTION
Under the new GHS/HazCom rules, do employers have to ask the manufacturer for SDSs for
chemicals they last received 4 years ago (before the deadline) but still have on hand?
• Yes
• No

6. GHS/HAZCOM Clarifications
Safety Data Sheets
• Manufacturers don’t have to send new SDSs to previous customers who may still have inventory.
• New SDSs do not have to be provided for chemicals no longer produced.
• A red border is not required for pictograms on SDSs.
• A red border is not required for pictograms on SDSs.
• SDSs must be in English; they may also be kept in other languages.

7. Final Rule: Reporting incidents to OSHA
• Employers must now:
Call or submit online within 8 hours to report any fatality
Call or submit online within 24 hours to report any hospitalization, amputation, or loss of eye
• Reportable fatalities=Those occurring within 30 days of the work-related incident.
• Reportable hospitalizations, amputations, loss of eye=Those occurring within 24 hours of the
work-related incident.

8. Clarifications: Reporting Requirements
• Admission to Emergency Room does not count as “hospitalization”.
• Scheduled surgeries that require hospitalization do not require reporting if more than 24 hours from
time of incident.
• Temporary workers: Employer that provides day to day supervision should make the report.

9. Clarifications: Reporting Requirements
• Amputations do NOT require loss of bone
Includes fingertip amputations.
• Avulsions (skin torn away) do not have to be reported
Use physician’s diagnosis to distinguish between amputation and avulsion.
• Working definition: If it isn’t expected to grow back, it’s an amputation.
Likely will get differing opinions from various OSHA offices for the next few months.

10. What the incident report may trigger
• Guaranteed Onsite Inspection—For fatalities, 2 or more hospitalizations, emphasis programs,
workers under 18 years of age, imminent danger, and past history
• Possible onsite inspection—When tempt workers involved, government agency referral, VPP sites
• Rapid Response Investigation (Phone inquiry, follow-up letter)—No evidence of trend or imminent
danger, no emphasis-area, good faith

11. Making the call to OSHA
Do say:
• That you’ve done a root cause analysis
• What you plan to do/have done to control the hazard
Don’t say:
• “It was the worker’s fault.”
• “The worker was careless.”

12. Confined Spaces for Construction
• Effective 8/3/15
Partial enforcement delay until October 2, 2014
• Similar protections to General Industry Rule
Multi-employer worksites
Continuous monitoring
Suspension and reinstatement of the permit
• Training that the worker understands.

13. Definition of “construction work”
• Defined in 1910.12
“construction, alteration, and/or repair, including painting and decorating”.
• Must also factor in complexity and scale of the project.
• See the following letters of interpretation:
11/18/2003
2/1/1999
5/11/1999
8/11/1994

14. Walking Working Surfaces (fall protection)
• Final rule projected: Late 2015
Proposed rule was published:5/24/2010
• A complete redo of 1910 Subpart D
Current rules go back to the 1970s
 Only provide for guardrails
 Don’t address many types of work surfaces

15. Walking Working Surfaces (continued)
• Will still use the “4-foot” trigger
Adds additional requirements for skylights, dockboards, runways, fixed ladders, outdoor advertising
(billboards), stairways, floor holes, etc.
 Proposal did not address “rolling stock” issue
New PPE section added for personal fall protection systems (e.g. lanyard and harness)
• Inspection requirement
“Regular and periodic”
• Training requirement
“Training must be understandable”

16. Walking Working Surfaces (continued)
• Mezzanine, floor load ratings
Would no longer have to be posted
• Ladder requirements consolidated
• Scaffolding to refer to Construction regulations
• More detail on dockboards

17. Electronic reporting of injury/illness information
New Electronic System
• Will require employers to submit records to OSHA
Sites with 250+ employees to submit detailed data quarterly
 Proposal did not address “rolling stock” issue
Sites with 20+ employees in high-hazard industries to submit summary data annually
• Data will be made public
• Will be used to target enforcement
• State Plan OSHA’s would have to follow
Likely one system run by Federal OSHA

18. How will the electronic system work?
• Employers with either
Go to an OSHA website and manually enter the information in a secure form, OR
Go to the website and submit a batch file
• No reminders or notifications will be sent
• No impact on BLS annual survey—that will still happen
• BUT, annual OSHA survey will be replaced.
• Be aware of a couple of regulatory alternatives
Corporate-wide reporting
Changing the reporting threshold

19. How much time does OSHA have to issue a citation for an injury recordkeeping violation from the
time the violation occurred?
1. One month
2. Sixty days
3. Six months
4. Five years

20. Duty to keep accurate records
• Proposed rule would allow OSHA to cite employers for recordkeeping violations within the 5-year
retention period, so long as they do so within 6 months of discovery
Result of a court case that OSHA lost
Rule would clarify that recordkeeping obligations are “continual”

21. Chemical/substances rules
• PSM (Process Safety Management of highly hazardous chemicals)
New coverage definition— “one percent rule”
Possible changes to atmospheric tank and oil/gas exemptions, as well as reactives
• Silica in construction and general industry—will lower PEL
• Beryllium—Lowered PEL

22. OSHA’S top 10 Violations
1. Fall protection
2. Hazard Communication
3. Scaffolding
4. Respiratory Protection
5. Lockout/Tagout
6. Powered Industrial Trucks
7. Electrical-Wiring Methods
8. Ladders
9. Machine Guarding
10.Electrical-General Requirements

23. Temporary Workers
• OSHA has issued several recent citations to HOST employees
Lack of site-specific training
• Ordered inspectors to start focusing on issue, capturing data
Aggressive enforcement so far, several hundred inspections
 Both employers and staffing agents are being cited
• Focus on injury/illness recordkeeping—whoever provides “day-to-day supervision” must record:
An employer is performing day-to-day supervision when that employer controls conditions presenting
potential hazards and directs the worker’s activities around, and exposure to, those hazards
 In most cases, the host employer provides this supervision.

24. Who has temporary worker responsibility?
• Chemical-specific training—Host
• Foundational training—Staffing agency
• PPE selection, provision, enforcement—Host*
• Reporting serious incidents—Whoever provides day-to-day supervision
Host can contract out to provide PPE, etc. BUT, if they don’t, host can be responsible.

25. Corporate-Wide Enforcement
• Tougher on repeat violations at other locations
“When a company is cited at one of its locations, it has the responsibility to improved and construct
similar violations at all its plants.”—OSHA area director
• Spring-boarding from one location to another
• Press releases naming company-wide history
• Pushing corporate-wide citation settlement agreements

26. SURVIVING AN OSHA INSPECTION

27. Who is targeted?
• Fatality/hospitalization reports
• Referrals from other agencies
• Complaints
• National, regional, local emphasis programs
Hazard-based (e.g. Heat, combustible dust, hexavalent chromium)
Equipment-based (e.g. residential construction, auto parts suppliers)
• Site-Specific-Targeting Program
• Follow-up from prior inspection
• Plain-view

28. Key points to get through an inspection
• Prepare ahead of time
Safety programs, audits, training, mock inspections, OSHA inspection team
• Employers do have a right to request a warrant
BUT, it is fairly easy for OSHA to get a warrant
• Ask for time
• Negotiate the scope—sometimes an inspector would rather limit the inspection than deal with
a refusal/warrant
• Get senior management and legal involved
Particularly in fatality/catastrophe investigations
• Be polite, but formal

29. Key points to get
through an
inspection
• Take photographs during the walkthrough
Different angles
• Don’t volunteer documents. Keep a log of all items
given to the inspector
BUT, it is fairly easy for OSHA to get a warrant
• Don’t let inspector wander unsupervised
Take most direct route, if it’s up to you.

30. Key points to get through an inspection
• Don’t interfere with employee interviews
If possible, ask inspector to schedule all interviews ahead of time.
• Correct hazards while the inspector is there (but don’t admit to violation)
If CSHO seems concerned about something, try to address it before the end of the day (e.g. “this is
how we comply with that, even though this….”)
• If you’re going to contest…do it within writing and within the required period (15 WORKING days
Federal)
• Take advantage of the informal conference process

31. RECORDKEEPING

32. Recording Criteria
To be recordable an injury/illness must meet OSHA’s criteria*
1. Work-related*
2. New case, and
3. Meet one of the recording criteria:
a. Medical treatment beyond first aid; days away, lost time, transfer, loss of consciousness; significant
injury/illness; OR death
• Only record under most serious outcomes
If injury only has 1 lost day, but 40 restricted days, check the day-away column (but record day counts
for both)

33. 1. Work-related
OSHA considers a case to be work-related if:
• Work environment caused or contributed to condition or significantly aggravated pre-existing
condition.
Work-related is presumed in employer locations (geographic presumption)
Travel for work generally considered work-related except once checked into a hotel, or if on a
personal detour.
BUT, there is a specific set of exceptions!

34. Exceptions to being “Work-Related”
1. Present as a member of the general public
2. Signs and symptoms that merely surface at work but are from non-work exposure/event
3. Voluntary participation in wellness or recreation activities
4. Eating, drinking, or preparing food/drink
5. Personal tasks outside of assigned hours

35. Exceptions to being “Work-Related”
6. Personal grooming, self-medication, or self-inflicted
7. Motor vehicle accident in parking lot during commute
8. Common cold or flu
9. Mental illness

36. Audience Poll--
An employee slams his finger into a car door in the parking lot while getting out of his car to come
to work. Medical treatment is provided.
Is this recordable?
1. Yes
2. No

37. New Case
What makes a case a new case?
No previous injury to the body part
OR
Completely recovered from the previous injury

38. Meet the General Recording Criteria
• General criteria: medical treatment beyond first aid; days away, restriction, transfer; death;
loss of consciousness; or significant injury or illness (broken bone, punctured ear drum)
• Specific criteria: contaminated sharps, hearing loss, tuberculosis, medical removal

39. First Aid
• First aid is not recordable
• There is a defined list of what is considered first aid for recordkeeping
14 First-Aid treatments
• If it’s not on the list, it’s medical treatment!

40. Exclusive List of First Aid Treatments
1. Nonprescription medication at
nonprescription strength
2. Cleaning, flushing, or soaking wounds on
the surface of the skin.
3. Cleaning, flushing, or soaking wounds on
surface of the skin
4. Wound coverings
5. Hot or cold therapy
6. Non-rigid means of support
7. Temporary immobilization devices
8. Drilling a fingernail or toenail, or draining a
blister
9. Eye patches
10.Removing foreign bodies from the eye using
only irrigation or cotton swab
11. Removing splinters or foreign material from
areas other than the eye by irrigation,
tweezers, cotton swabs, or other simple
means.
12.Finger guards
13.Massages
14.Drinking fluids for relief of heat stress

41. Exceptions to Medical Treatment
Any treatment beyond first-aid. EXCEPT
Diagnostic procedures, e.g. x-rays
Counseling
Massage

42. Lost work days
• Begin counting days on the day after the injury occurred or the illness began.
• Count calendar days, not scheduled days
May include weekends, vacations, holidays
• E.g. off Wed to Wed, would be 8 lost days, even if employee NOT scheduled on weekend
Count what physician recommends, even if employee ignores
• Partial days off are counted as restricted days
• Can cap at 180 days
If both lost days and restricted, must be at least 1 day listed for both, e.g., 180 lost days, 1 day
restricted

43. Recordable or not?
1. Employee trips over own feet in office—lost time?
2. Employee trips over printer cords in a home office?
3. Employee finds tick embedded, is prescribed antibiotics?
4. Two employees get into a fight in the company parking lot, medical care needed?
5. Employee punches wall after bad review, breaking hand?
6. Employee passes out during a blood draw for an OSHA-required medical surveillance program (lead)?
7. Employee loses consciousness at work due to diabetic issue, falls and breaks arm?
8. Employee gets insect bite at hotel while on business trip?
9. Employee gets insect bite on airplane while on work trip?
10.Employee self-administers Epi-pen for bee sting at work?
11. Though voluntary, employee is paid to participate in an offsite community service project during
normal working hours, injured while clearing debris?