OSHA Update
John Newquist
johnanewquist@gmail.com
815-354-6853
IL Body parts
Top Safety Results
Sales Impact of Selected Injuries
Injury/
Illness
Average
Direct Cost
Indirect
Cost
Total Cost Sales
Needed
(5% profit)
Sprain $4,245 $6,792 $11,037 $220,740
Laceration $1,101 $4,955 $6,056 $121,120
Foreign
Body
$317 $1,427 $1,744 $34,880
4
Monthly Audits
Monthly Audits
0
20
40
60
80
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120
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Number of Safety
Inspections
90%
95%
100%
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Safety Inspection
Scores
6
Monthly Training for Managers
Daily Job Briefings
BLS
BLS
• A total of 4,836 fatal work injuries
were recorded in the United States in
2015, a slight increase from the 4,821
fatal injuries reported in 2014
• The 937 fatal work injuries in the
private construction industry in 2015
represented the highest total since
975 cases in 2008.
• Several construction occupations
recorded their highest fatality total in
years, including
• construction laborers (highest since
2008);
• carpenters (2009);
• electricians (2009); and
• plumbers, pipefitters, and steamfitters
(2003).
June 2016
• Columbus WI
• The teen was working at the factory
on June 27, 2016 when he was pinned
in a machine while cleaning scrap
from underneath a laser cutter in
operation.
• He later died of his injuries on July 2,
2016.
• The teen had only been working there
two weeks when the incident
happened.
This IS my sister-in-law's nephew !!!
Killed at 17 ... all because of company
not following safety rules, providing
proper training and equipment to
ensure lockout/tagout - DA
Whistleblower 2017
• When a co-worker severed part of
his thumb in July 2014, a food
processor at a beef jerky
manufacturing plant acted quickly,
helping him apply pressure to the
wound and using her cellphone to
call 911.
• Before responders could answer,
the company's owner ordered her
to hang up.
• Two days later, she was
terminated.
Lonestar Beef Jerky is not associated with this man! He was the
previous owner and we acquired his recipes and brand name in
2016 with no knowledge of this or his other deplorable
behavior!
Data
• If you make it easier to use
safety, more likely it will be used
and get done.
• Cones, grease gun, lockout,
brooms.
• Kevin O’Leary
Secretary of Labor
• Andy Puzder
• Head of the Hardee’s and Carl’s
Jr. burger chains
• Confirmation Hearings next
Data
• 35% of all fatalities occurred in
workers age 55 or older, with
1,691 deaths.
• This is the highest number of
fatalities ever recorded for this
group of workers.
Older workers
• The preliminary number of
workers ages 55 and older who
died on the job was "the highest
total ever reported" by the
bureau's census.
• The number jumped from 1,490
in 2013 to 1,621 in 2014, a 9
percent rise.
• 18% of the workforce, 35% of
fatalities
Effective Dates
• Published in Federal Register November 17, 2016
• Effective January 17, 2017
• Most of the rule will become effective 60 days
after publication in the Federal Register, but some
provisions have delayed effective dates, including:
• Ensuring exposed workers are trained on fall
hazards (6 months),
• Inspecting and certifying permanent anchorages
for rope descent systems (1 year),
• Installing personal fall arrest or ladder safety
systems on new fixed ladders over 24 feet and on
replacement ladders/ladder sections, including
fixed ladders on outdoor advertising structures (2
years),
• Ensuring existing fixed ladders over 24 feet,
including those on outdoor advertising structures,
are equipped with a cage, well, personal fall arrest
system, or ladder safety system (2 years), and
• Replacing cages and wells (used as fall protection)
with ladder safety or personal fall arrest systems
on all fixed ladders over 24 feet (20 years).
Dockboards
• The employer must ensure that
each dockboard used meets the
requirements of this section. The
employer must ensure:
• (d) Measures, such as wheel
chocks or sand shoes, are used
to prevent the transport vehicle
(e.g. a truck, semi-trailer, trailer,
or rail car) on which a dockboard
is placed, from moving while
employees are on the
dockboard;
1910.26
Work on low-slope roofs
• When work is performed less
than 6 feet (1.6 m) from the roof
edge, the employer must ensure
each employee is protected from
falling by a guardrail system,
safety net system, travel
restraint system, or personal fall
arrest system.
1910.28(b)(13)(i)
Low Sloped Roofs
• When work is performed at least
6 feet (1.6 m) but less than 15
feet (4.6 m) from the roof edge,
the employer must ensure each
employee is protected from
falling by using a guardrail
system, safety net system, travel
restraint system, or personal fall
arrest system.
1910.28(b)(13)(ii)
Flat Roofs
• When work is performed 15 feet (4.6 m)
or more from the roof edge, the
employer must:
• (A) Protect each employee from falling by
a guardrail system, safety net system,
travel restraint system, or personal fall
arrest system or a designated area. The
employer is not required to provide any
fall protection, provided the work is both
infrequent and temporary; and
• (B) Implement and enforce a work rule
prohibiting employees from going within
15 feet (4.6 m) of the roof edge without
using fall protection in accordance with
paragraphs (b)(13)(i) and (ii) of this
section.
1910.28(b)(13)(iii)
Ladder Safety Systems
• The employer must ensure:
• (1) Each ladder safety system
allows the employee to climb up
and down using both hands and
does not require that the employee
continuously hold, push, or pull any
part of the system while climbing;
(2) The connection between the
carrier or lifeline and the point of
attachment to the body harness or
belt does not exceed 9 inches (23
cm);
1910.29(i)
Training
• Training must be understandable.
The employer must provide
information and training to each
employee in a manner that the
employee understands
1910.30(d)
Fall Protection Systems
• D-rings, snaphooks, and
carabiners must be proof tested
to a minimum tensile load of
3,600 pounds (16 kN) without
cracking, breaking, or incurring
permanent deformation. The
gate strength of snaphooks and
carabiners, must be proof tested
to 3,600 lbs. (16 kN) in all
directions.
1910.140(c)(8)
Beryllium
• The old exposure limit, established
in 1949, was based largely on
guesswork and dubbed "the
taxicab standard" because a
government health official and an
industry medical consultant came
up with the rule in the back of a
taxi.
• The new standard will be 0.2
micrograms per cubic meter, much
stronger than what OSHA sought in
the 1970s.
Criminal 2017
• A crane operator faces involuntary
manslaughter charges in a 2014
incident in which his son and another
construction worker plummeted to
their deaths from above a Winters
bridge construction site.
• Mark Powell operated the crane that
lifted the basket carrying son and
operator Marcus Zane Powell and pile
driver Glenn Allen Hodgson early May
30, 2014, according to a Cal-OSHA
citation.
• The hoisted basket they rode aboard
broke free, plunging the pair eight
stories to their deaths.
Criminal Update 2017
• Wilmer Cueva, 51, of Elmwood
Park, New Jersey, a foreman for
Sky Materials, was convicted of
criminally negligent homicide
and reckless endangerment in
the death of Carlos Moncayo, 22
during excavation at a
Restoration Hardware site.
• Sentencing 1-3 years.
IL 19 Times = $241,000
• The four willful violations include the
absence of an accident-prevention
program; lack of eye and face protective
equipment with use of nail guns; no
personal fall arrests, guardrails or safety
net systems for workers at heights; and
anchorage points used for the attachment
of personal fall arrest systems were not
independent of the anchorage points
used to suspend platforms.
• This isn't a new experience for Barringer.
• Since 2006, Barringer's various businesses
-- Barringer Brothers Roofing, Barringer
Brothers Inc., and Barringer Brothers
Construction Inc. -- have been cited and
fined 19 times by OSHA for safety
hazards.
Recordkeeping
• Final rule to keep OSHA 300,
300A, 301 records for five years.
• Effective January 18, 2017
Slideshare
Slideshare
Region V Fatalities
• OSHA in Region 5 had 140
investigated fatalities in 2015 up
+28.
• 48 Illinois.
• 29 in Wisconsin up 50%
• 48 in Ohio
• 227 Struck by
• 185 Falls
• 166 Caught in
• 41 Electrocutions
• 32 Exposure
• 30 Other
• 20 Fire/Explosion
Region V Fall Fatalities 2010-2014
• 25 Ladders
• 19 Roofs
• 18 Same Surface
• 16 Other
• 14 Aerial Lift
• 9 Nonmoving Vehicle
Region V Most Cited Areas
• Machine Guarding
1910.212(a)(1)
• GHS 1910.1200(e)
• GHS 1910.1200(h)
• 5(a)(1)
• Machine Guarding
1910.212(a)(3)
OSHA In Region 5 - 2016
• 6200 inspection in 2015
• 68 Sigcases +14 egregious cases
• 47% construction
• 44% programmed
Leadership in Region V
• Ken Atha
• 20 Years Experience
• Regional
Administrator
• Area Director
Last Year of Dr. Michaels
• May 2015
• “We think we're only
getting a very small
portion of the accidents
that should be reported,”
said Dr. David Michaels,
the U.S. Assistant
Secretary of Labor for
Occupational Safety and
Health who is in charge
of OSHA.
“When we investigate, we see that most employers don’t treat temporary
workers the way they treat their permanent employees — they don’t
provide them with the training that is necessary.”
Aug 2016
• Tonawanda NY
• There no reason to ever joke
about a loved one’s loss due to a
workplace death.
• "Michelle Reese This is my uncle.
Thanks everyone for the
condolences. For those making
jokes you may kindly F off... I'm
sure you wouldn't be joking if it
was someone you love"
Aug 2016
• Settlement
• The Secretary alleged in the
Complaint that US Steel’s
Immediate Reporting Policy
discourages reasonable
employees from reporting
injuries as soon as they realize
they have been injured because
they risk violating US Steel’s
temporally stringent
requirement under the
Immediate Reporting Policy.
Aug 2016
• Government subcontractors to
report their violation histories
directly to the Labor Department
• Federal contractors over $500,000
• The first step begins
Oct. 25, 2016, when
prime contractors will
be required to disclose
violations from the
previous one year, and
only when seeking
contracts valued at $50
million or more.
• Six months later, on
April 25, businesses will
be subjected to the
rules when bidding on
contracts of $500,000
or more.
• Subcontractors won't
begin reporting until
Oct. 25, 2017.
Aug 2016
• The new civil
penalty amounts
• Aug. 1, 2016
• The maximum
penalty for willful or
repeated violations
will increase from
$70,000 to
$124,709
July 2016
• Behr sentenced to probation, $350K
restitution in South Beloit plant worker's
death
May 2016
• Electronic recordkeeping
• Under the new rule, all establishments with
250 or more employees in industries covered
by the recordkeeping regulation must
electronically submit to OSHA injury and
illness information from OSHA Forms 300,
300A, and 301. Establishments with 20-249
employees in certain industries* must
electronically submit information from OSHA
Form 300A only.
• Form 300 (the Log) – All
collected data fields on the
300 Log will generally be
made available on the Web
site.
• Requirements take effect
Aug. 10, 2016, with phased
in data submissions
beginning in 2017.
• Employee names will not be
collected
Drug Testing
• OSHA’s interprets this rule broadly
to prohibit mandatory post-
accident drug testing, concluding
that such tests discriminate against
employees on the basis of injury
and illness reporting.
• OSHA further explains that
incentive programs are retaliatory
if they offer benefits to employees
or workforces who do not report
injuries and illnesses
• OSHA announced that it was
delaying the enforcement date of
the new rules to November 1, 2016
May 2016
• “1700 pages of discovery later and
they folded like a cheap suit.”
• “The issue is that 2 employees
were wearing orange jackets.
When the CSHO was taking photos
at 915am there was an employee
signaling the crane.
• When the CSHO came back at 1pm
- Foreman was monitoring and also
wearing an orange jacket.”
May 2016
Active Shooter
• BLS
• Workplace homicides
were higher by 12 cases
after the updates, raising
the workplace homicide
total in 2012 to 475
cases.
• 760 workers died at work
in 2014
Expressway shootings are increasing
• Illinois State Police data showed that 19 shootings were reported in 2014
and 16 were reported in 2013.
• In total, there have been 41 shootings on Chicago-area expressways so far this
year. That's compared to 39 total shootings on expressways in 2015.
Why so many shootings?
• People on the road are defenseless — unable to detect or focus on
approaching trouble because they're already focused on driving.
• Shootings can be random.
• Gang violence can spill onto expressways.
Shooting examples
• A semi driver was shot in the face
and seriously wounded as he drove
north on the Dan Ryan Expressway
near Chicago’s 95th Street.
• May 19, 2016.
• Two people were shot on the the
inbound lanes of Interstate 290 in
Chicago.
• The driver was shot five times.
The passenger was grazed.
• August 13, 2016.
Sep 2016
• 2 Dead, 1 Wounded in
Separate Shootings on
Eisenhower Expressway
Hours Apart
• Illinois State Police said the
shooting happened just after
noon Thursday on Interstate
290 in the eastbound lanes
near the exit ramp to Central
Avenue
• Just before 6 a.m., ISP
officers responded to reports
of shots being fired in
the westbound lanes of I-290
near Laramie Avenue,
officials said.
Chicago-area expressway shooting
map for 2015
Security window films to prevent
breakage
• Bullet-resistant film keeps broken glass from flying
everywhere.
• Security films are made from multi-ply sheets of
biaxially-oriented polyethylene terephthalate
• It’s a sturdy version of the same plastic used for pop bottles.
• It’s not as effective as bullet-proof glass, but it’s much
safer than regular windows.
Films can prevent window
breakage
• Video: 3M™ Scotchshield™ Automotive Security Film
Demonstration
• Security films protect you and your car by blocking heat from the sun, increasing
your privacy and holding broken glass together.
• They increase the amount of time and effort it takes thieves to enter your
vehicle, deterring property crime.
Film installers for vehicles
Z Tech
1572 W. Ogden Ave., Naperville,
Illinois 60540
Phone: (630) 355-9555
Auto Tinting and Rock Guard
2602 W Chicago Ave, Chicago, IL
60622
Phone: (855) 705-7470 Ext. 247
Xtreme Auto Glass and
Window Tint
131 S LoLande Ave,
Addison, IL 60101
Phone: (855) 705-7470
Ext. 823
Midwest Glass Tinters
(847) 487-8777
260 Jamie Lane Suite C
Wauconda, IL 60084
OSHA
OSHA
OSHA
• “We are swamped with
AMPUTATIONS”
• OSHA October 2016
General Duty
Emergency Stops
OSHA
• First Three Years of CSHO Training
• #1000 Initial Compliance.
• #1050 Introduction to Safety Standards for Safety
Officers (safety career path/safety specialists).
• #1250 Introduction to Health Standards for
Industrial Hygienists (health career path/industrial
hygienists).
• #2000 Construction Standards (construction career
path/ construction specialists).
• #1310 Investigative Interviewing Techniques
• #1410 Inspection Techniques and Legal Aspects.
• #2450 Evaluation of Safety and Health
Management Systems.
• #1230 Accident Investigation.
• #8200 Incident Command System I-200 course,
OSHA
OSHA Training September 2016
• Falls
• Confined Space
• Work Zone
• Cranes/Rigging
• Silica
• Trenching
May 2016• Pillsbury Mills plant in Springfield IL
• Joseph Chernis IV, a federal indictment
for improper asbestos removal and for
making false statements
• The penalty on each count is up to five
years in prison followed by three years
of supervised release and a fine of up
to $250,000.
• Chernis, of Sherman, is accused of
hiring an untrained individual to
illegally remove more than 1,000 feet
of asbestos pipe insulation from four
buildings between October 2014 and
August 2015.
• "The asbestos debris was stuffed into
approximately 300 garbage bags and at
least two open-topped cardboard
boxes, and left inside vacant buildings
at the facility," according to the
indictment announcement.
April 2016
• Don Blankenship, the longtime chief executive
officer of Massey Energy, was convicted on
charges that he violated federal mine safety
laws at the company’s Upper Big Branch Mine
prior to an April 2010 explosion that killed 29
miners.
• One year in prison + $250,000
• This is the maximum sentence allowed under
the law.
Jan 2016
• Cincinnati OH
• Grand jury indicts two managers
• Zachary Henzerling was working at
Environmental Enterprises on Dec.
28, 2012, when a fire broke out as
he was treating hazardous waste.
• The Colerain Township man was
burned, and later died from his
injuries.
• Another worker also was badly
burned in the incident.
Oct 2015
• OSHA moves to a new enforcement
weighting system that assigns
greater value to complex
inspections that require more time
and resources.
• Routine inspections count as one
unit, while those requiring greater
resources — such as those
involving musculoskeletal
disorders, chemical exposures,
workplace violence, and process
safety management violations —
count as up to nine units.
Oct 2015
• Since the beginning of the year,
more than 20 workers with
allegedly bogus OSHA cards have
been busted at NY city
construction sites, sources
familiar with the crackdown said.
Oct 2015
• A jury convicted Griffin Campbell
of six counts of involuntary
manslaughter, rejecting the
third-degree murder charges
sought by prosecutors who said
Campbell ignored warnings of an
imminent collapse.
2016 Problems
• Trench 5-6 feet deep.
• Spoil at edge.
• No access.
OSHA fines P.T. Ferro, says Joliet contractor put trench
workers in danger
The agency proposed penalties of $104,756.
2016 Problems
• Holes not secured and covered
with steel plate and fenced off.
2016 Problems
• Rigging is used when damaged
2016 Problems
• Not keeping the 10 feet safe
clearance from powerlines
• 240 volts temp lights may not be
ok to encroach on the 10 foot.
• Weatherproofing is not
insulation.
2016 Problems
• Workers have ZERO documented
training in the MUCTD so set up
cones and flags haphazardly
May 2016
October 2016
October 2016
October 2016
September 2016
Apr 2016
Nov 2015
April 2015
• Lifting a piece of pine
about 5 foot long 18
inches across
• “the load made it to the
ground ok the hook of
the biner caught the
strap and held till we
lowered it down.”
81
1910.184(d)
Inspections. Each day before being used, the sling and all fastenings and
attachments shall be inspected for damage or defects by a competent person
designated by the employer.
May 2014
• Providence RI
• 8 hurt in fall
• The US Occupational Safety and
Health Administration said the
rigging used put excessive weight
on a carabiner, causing the metal
loop to fail, and the acrobats, who
were hanging by their hair, to fall
15 to 20 feet
• According to OSHA, circus staff
violated both industry practice and
the manufacturer’s instructions for
using the carabiner by attaching it
so it was pulled in three directions,
rather than two.
Feb 2016
83
A 26-year-old tower climber is expected to be in intensive care for another
ten days after he fell from a guyed tower in Rosenberg, Tex. when his
personal fall protection equipment failed after he slipped from a brace on
a climbing face as he was descending after a day’s work on an LTE project
for AT&T.
Key Changes in Z359.1
• Section 3.2.1.4
• Gate face strength requirements
have changed from 220 lbs.
(1kN) (old Standard) to 3,600
lbs. (16kN) (new Standard).
84
June 2013
• Officials canceled
work on the St.
Charles County
bridge after a 55-
gallon drum being
lifted by a crane fell
on 51-year-old
Jerseyville IL man.
• He was pronounced
dead at the scene.
Drums 2015
Ladders as a Last Resort
• JLG lift pod
July 2015
• Issues?
• “Perfect balance for cowboy boots”
• Photo Justin Morrison
88
February 2015
• Genie
• Allows a user to exit the platform and work
comfortably around the outside of the
platform with a 6-ft lanyard. It attaches to a 6-
or 8-ft platform on all Genie telescopic and
articulating boom lifts with lift heights higher
than 40 ft., with the exception of the S-125HD
model.
JLG
90
July 2015
• San Luis Obispo, CA
• The machine's blades "came around and
broke his arm and came around again and
broke his arm a little further up the next
turnaround," said San Luis Obispo Fire
Battalion Chief Neal Berryman
• Berryman said the man's head or neck would
have been hit next.
91
July 2015
• MIDDLEFIELD, Ohio – Shady
Knob violated the law when they
allowed a 14-year-old boy to
operate machinery, which
resulted in him losing his hand.
• “Workers under age 18 are
prohibited from operating
power-driven woodworking
machinery, such as the wood
planer used here,” said Howard
Eberts, OSHA’s area director in
Cleveland.
92
Unsafe!
Safe
March 2015
• Island Lake IL
• The machinist was
using sandpaper to
remove surface rust
from a part of a
computer-run
machine.
• His hand was caught
and pulled into
rotating parts,
breaking his bones.
• The worker underwent
several surgeries and
rehabilitation
93
ANSI B Series
The user shall designate, provide, and ensure
the use of at least one of the following methods
of safeguarding that affords protection for the
operator, consistent with the requirements of
the task:
• guard(s)
• safeguarding device(s)
• awareness barrier(s) or awareness device(s)
• safe work procedure(s).
94
Machine Guarding
Verification Citation $53,900
Silica
Silica
Silica
Standard
Permit-Required Confined Spaces
• 29 CFR 1910.146
• Four revisions since was made law
by OSHA
• 29 CFR 1926.1200
100
1910.146(c)(2)
If the workplace contains permit spaces, the employer shall inform exposed
employees, by posting danger signs or by any other equally effective means,
of the existence and location of and the danger posed by the permit spaces.
Sign
101
Coolers
102
Confined space?
Coolers
• Nashville TN
• When the power was restored to
the building on June 17, 2012,
Luther went to check on the cooler.
• After he entered, the door
slammed shut, locking him inside.
• The latch release didn’t work
• Luther pressed a panic button
inside the cooler and the security
alerted the police.
• The lawsuit claims that a dry ice
company recommended that the
restaurant use 500 pounds of dry
ice in the cooler to prevent the
food from spoiling.
103
Cooler 2016
• March 2016
• A woman was found dead inside
a freezer at a downtown Atlanta
hotel Tuesday morning.
• Atlanta police said the body of
Caroline Robinson, 61, of East
Point, was discovered at the
Hotel.
• The woman’s family, through
The Witherspoon Law Group it
hired, said even though the
Hotel maintains the freezer’s exit
device “worked
perfectly,” injuries to Robinson’s
hands are consistent with those
of a person suffering and
struggling to escape.
104
Non Permit
• 1910.146(c)(7) A space classified
by the employer as a permit-
required confined space may be
reclassified as a non-permit
confined space under the
following (4) procedures:
• 1) 1910.146(c)(7)(i) - If the
permit space poses no actual or
potential atmospheric hazards
and if ALL HAZARDS within the
space are eliminated without
entry into the space, the permit
space may be reclassified as a
non-permit confined space for
as long as the non-atmospheric
hazards remain eliminated.
105
Non Permit
• 1910.146(c)(7) A space classified by
the employer as a permit-required
confined space may be reclassified
as a non-permit confined space
under the following (4) procedures:
• 2) 1910.146(c)(7)(ii) - If it is
necessary to enter the permit
space to eliminate hazards, such
entry shall be performed under
paragraphs (d) through (k) of this
section.
• If testing and inspection during
that entry demonstrate that the
hazards within the permit space
have been eliminated, the permit
space may be reclassified as a non-
permit confined space for as long
as the hazards remain eliminated
106
Non Permit
• 1910.146(c)(7) A space classified by
the employer as a permit-required
confined space may be reclassified as
a non-permit confined space under
the following (4) procedures:
• 3) 1910.146(c)(7)(iii) - The employer
shall document the basis for
determining that all hazards in a
permit space have been eliminated,
through a certification that contains
the date, the location of the space,
and the signature of the person
making the determination.
• The certification shall be made
available to each employee entering
the space or to that employee's
authorized representative
107
This document certifies that the
___________________________ (location) has
been cleared for a change in status from a Permit
Confined Space to a Non-Permit Confined Space
provided that the below conditions are met.
All entrants/attendants involved in any entry have
completed the Confined Space Entry training.
All hazards other than atmospheric (e.g.,
lockout/tag out) can be completed without entry.
Any conditions making it unsafe have been
eliminated.
Date:
Certification Completed By:
Non Permit
• 1910.146(c)(7) A space classified by
the employer as a permit-required
confined space may be reclassified
as a non-permit confined space
under the following (4) procedures:
• 4) 1910.146(c)(7)(iv) - If hazards
arise within a permit space that
has been declassified to a non-
permit space under paragraph
(c)(7) of this section, each
employee in the space shall exit
the space.
• The employer shall then reevaluate
the space and determine whether
it must be reclassified as a permit
space, in accordance with other
applicable provisions of this
section.
108
Non Permit
• From an interpretation in
1996
• Question 2: May
mechanical hazards be
eliminated by compliance
with § 1910.147?
• Answer: Yes
109
• Continuous forced air ventilation
must be used…..
1926.1203(b)(2)(v)
• The atmosphere within the space
must be continuously monitored
1926.1203(b)(2)(vi)
Certification
Questions?
113

Osha update 2017

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  • 3.
  • 4.
    Sales Impact ofSelected Injuries Injury/ Illness Average Direct Cost Indirect Cost Total Cost Sales Needed (5% profit) Sprain $4,245 $6,792 $11,037 $220,740 Laceration $1,101 $4,955 $6,056 $121,120 Foreign Body $317 $1,427 $1,744 $34,880 4
  • 5.
  • 6.
    Monthly Audits 0 20 40 60 80 100 120 1/7/05 2/18/05 4/1/05 5/13/05 6/24/05 8/5/05 9/16/05 10/28/05 12/9/05 1/20/06 3/3/06 4/14/06 Week Beginning Numberof Safety Inspections 90% 95% 100% 1/7/05 2/18/05 4/1/05 5/13/05 6/24/05 8/5/05 9/16/05 10/28/05 12/9/05 1/20/06 3/3/06 4/14/06 Week Beginning Safety Inspection Scores 6
  • 7.
  • 8.
  • 9.
  • 10.
    BLS • A totalof 4,836 fatal work injuries were recorded in the United States in 2015, a slight increase from the 4,821 fatal injuries reported in 2014 • The 937 fatal work injuries in the private construction industry in 2015 represented the highest total since 975 cases in 2008. • Several construction occupations recorded their highest fatality total in years, including • construction laborers (highest since 2008); • carpenters (2009); • electricians (2009); and • plumbers, pipefitters, and steamfitters (2003).
  • 11.
    June 2016 • ColumbusWI • The teen was working at the factory on June 27, 2016 when he was pinned in a machine while cleaning scrap from underneath a laser cutter in operation. • He later died of his injuries on July 2, 2016. • The teen had only been working there two weeks when the incident happened. This IS my sister-in-law's nephew !!! Killed at 17 ... all because of company not following safety rules, providing proper training and equipment to ensure lockout/tagout - DA
  • 12.
    Whistleblower 2017 • Whena co-worker severed part of his thumb in July 2014, a food processor at a beef jerky manufacturing plant acted quickly, helping him apply pressure to the wound and using her cellphone to call 911. • Before responders could answer, the company's owner ordered her to hang up. • Two days later, she was terminated. Lonestar Beef Jerky is not associated with this man! He was the previous owner and we acquired his recipes and brand name in 2016 with no knowledge of this or his other deplorable behavior!
  • 13.
    Data • If youmake it easier to use safety, more likely it will be used and get done. • Cones, grease gun, lockout, brooms. • Kevin O’Leary
  • 14.
    Secretary of Labor •Andy Puzder • Head of the Hardee’s and Carl’s Jr. burger chains • Confirmation Hearings next
  • 15.
    Data • 35% ofall fatalities occurred in workers age 55 or older, with 1,691 deaths. • This is the highest number of fatalities ever recorded for this group of workers.
  • 16.
    Older workers • Thepreliminary number of workers ages 55 and older who died on the job was "the highest total ever reported" by the bureau's census. • The number jumped from 1,490 in 2013 to 1,621 in 2014, a 9 percent rise. • 18% of the workforce, 35% of fatalities
  • 17.
    Effective Dates • Publishedin Federal Register November 17, 2016 • Effective January 17, 2017 • Most of the rule will become effective 60 days after publication in the Federal Register, but some provisions have delayed effective dates, including: • Ensuring exposed workers are trained on fall hazards (6 months), • Inspecting and certifying permanent anchorages for rope descent systems (1 year), • Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (2 years), • Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system (2 years), and • Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (20 years).
  • 18.
    Dockboards • The employermust ensure that each dockboard used meets the requirements of this section. The employer must ensure: • (d) Measures, such as wheel chocks or sand shoes, are used to prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or rail car) on which a dockboard is placed, from moving while employees are on the dockboard; 1910.26
  • 19.
    Work on low-sloperoofs • When work is performed less than 6 feet (1.6 m) from the roof edge, the employer must ensure each employee is protected from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system. 1910.28(b)(13)(i)
  • 20.
    Low Sloped Roofs •When work is performed at least 6 feet (1.6 m) but less than 15 feet (4.6 m) from the roof edge, the employer must ensure each employee is protected from falling by using a guardrail system, safety net system, travel restraint system, or personal fall arrest system. 1910.28(b)(13)(ii)
  • 21.
    Flat Roofs • Whenwork is performed 15 feet (4.6 m) or more from the roof edge, the employer must: • (A) Protect each employee from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system or a designated area. The employer is not required to provide any fall protection, provided the work is both infrequent and temporary; and • (B) Implement and enforce a work rule prohibiting employees from going within 15 feet (4.6 m) of the roof edge without using fall protection in accordance with paragraphs (b)(13)(i) and (ii) of this section. 1910.28(b)(13)(iii)
  • 22.
    Ladder Safety Systems •The employer must ensure: • (1) Each ladder safety system allows the employee to climb up and down using both hands and does not require that the employee continuously hold, push, or pull any part of the system while climbing; (2) The connection between the carrier or lifeline and the point of attachment to the body harness or belt does not exceed 9 inches (23 cm); 1910.29(i)
  • 23.
    Training • Training mustbe understandable. The employer must provide information and training to each employee in a manner that the employee understands 1910.30(d)
  • 24.
    Fall Protection Systems •D-rings, snaphooks, and carabiners must be proof tested to a minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, or incurring permanent deformation. The gate strength of snaphooks and carabiners, must be proof tested to 3,600 lbs. (16 kN) in all directions. 1910.140(c)(8)
  • 25.
    Beryllium • The oldexposure limit, established in 1949, was based largely on guesswork and dubbed "the taxicab standard" because a government health official and an industry medical consultant came up with the rule in the back of a taxi. • The new standard will be 0.2 micrograms per cubic meter, much stronger than what OSHA sought in the 1970s.
  • 26.
    Criminal 2017 • Acrane operator faces involuntary manslaughter charges in a 2014 incident in which his son and another construction worker plummeted to their deaths from above a Winters bridge construction site. • Mark Powell operated the crane that lifted the basket carrying son and operator Marcus Zane Powell and pile driver Glenn Allen Hodgson early May 30, 2014, according to a Cal-OSHA citation. • The hoisted basket they rode aboard broke free, plunging the pair eight stories to their deaths.
  • 27.
    Criminal Update 2017 •Wilmer Cueva, 51, of Elmwood Park, New Jersey, a foreman for Sky Materials, was convicted of criminally negligent homicide and reckless endangerment in the death of Carlos Moncayo, 22 during excavation at a Restoration Hardware site. • Sentencing 1-3 years.
  • 28.
    IL 19 Times= $241,000 • The four willful violations include the absence of an accident-prevention program; lack of eye and face protective equipment with use of nail guns; no personal fall arrests, guardrails or safety net systems for workers at heights; and anchorage points used for the attachment of personal fall arrest systems were not independent of the anchorage points used to suspend platforms. • This isn't a new experience for Barringer. • Since 2006, Barringer's various businesses -- Barringer Brothers Roofing, Barringer Brothers Inc., and Barringer Brothers Construction Inc. -- have been cited and fined 19 times by OSHA for safety hazards.
  • 29.
    Recordkeeping • Final ruleto keep OSHA 300, 300A, 301 records for five years. • Effective January 18, 2017
  • 30.
  • 31.
  • 32.
    Region V Fatalities •OSHA in Region 5 had 140 investigated fatalities in 2015 up +28. • 48 Illinois. • 29 in Wisconsin up 50% • 48 in Ohio • 227 Struck by • 185 Falls • 166 Caught in • 41 Electrocutions • 32 Exposure • 30 Other • 20 Fire/Explosion
  • 33.
    Region V FallFatalities 2010-2014 • 25 Ladders • 19 Roofs • 18 Same Surface • 16 Other • 14 Aerial Lift • 9 Nonmoving Vehicle
  • 34.
    Region V MostCited Areas • Machine Guarding 1910.212(a)(1) • GHS 1910.1200(e) • GHS 1910.1200(h) • 5(a)(1) • Machine Guarding 1910.212(a)(3)
  • 35.
    OSHA In Region5 - 2016 • 6200 inspection in 2015 • 68 Sigcases +14 egregious cases • 47% construction • 44% programmed
  • 36.
    Leadership in RegionV • Ken Atha • 20 Years Experience • Regional Administrator • Area Director
  • 37.
    Last Year ofDr. Michaels • May 2015 • “We think we're only getting a very small portion of the accidents that should be reported,” said Dr. David Michaels, the U.S. Assistant Secretary of Labor for Occupational Safety and Health who is in charge of OSHA. “When we investigate, we see that most employers don’t treat temporary workers the way they treat their permanent employees — they don’t provide them with the training that is necessary.”
  • 38.
    Aug 2016 • TonawandaNY • There no reason to ever joke about a loved one’s loss due to a workplace death. • "Michelle Reese This is my uncle. Thanks everyone for the condolences. For those making jokes you may kindly F off... I'm sure you wouldn't be joking if it was someone you love"
  • 39.
    Aug 2016 • Settlement •The Secretary alleged in the Complaint that US Steel’s Immediate Reporting Policy discourages reasonable employees from reporting injuries as soon as they realize they have been injured because they risk violating US Steel’s temporally stringent requirement under the Immediate Reporting Policy.
  • 40.
    Aug 2016 • Governmentsubcontractors to report their violation histories directly to the Labor Department • Federal contractors over $500,000 • The first step begins Oct. 25, 2016, when prime contractors will be required to disclose violations from the previous one year, and only when seeking contracts valued at $50 million or more. • Six months later, on April 25, businesses will be subjected to the rules when bidding on contracts of $500,000 or more. • Subcontractors won't begin reporting until Oct. 25, 2017.
  • 41.
    Aug 2016 • Thenew civil penalty amounts • Aug. 1, 2016 • The maximum penalty for willful or repeated violations will increase from $70,000 to $124,709
  • 42.
    July 2016 • Behrsentenced to probation, $350K restitution in South Beloit plant worker's death
  • 43.
    May 2016 • Electronicrecordkeeping • Under the new rule, all establishments with 250 or more employees in industries covered by the recordkeeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301. Establishments with 20-249 employees in certain industries* must electronically submit information from OSHA Form 300A only. • Form 300 (the Log) – All collected data fields on the 300 Log will generally be made available on the Web site. • Requirements take effect Aug. 10, 2016, with phased in data submissions beginning in 2017. • Employee names will not be collected
  • 44.
    Drug Testing • OSHA’sinterprets this rule broadly to prohibit mandatory post- accident drug testing, concluding that such tests discriminate against employees on the basis of injury and illness reporting. • OSHA further explains that incentive programs are retaliatory if they offer benefits to employees or workforces who do not report injuries and illnesses • OSHA announced that it was delaying the enforcement date of the new rules to November 1, 2016
  • 45.
    May 2016 • “1700pages of discovery later and they folded like a cheap suit.” • “The issue is that 2 employees were wearing orange jackets. When the CSHO was taking photos at 915am there was an employee signaling the crane. • When the CSHO came back at 1pm - Foreman was monitoring and also wearing an orange jacket.”
  • 46.
  • 47.
    Active Shooter • BLS •Workplace homicides were higher by 12 cases after the updates, raising the workplace homicide total in 2012 to 475 cases. • 760 workers died at work in 2014
  • 48.
    Expressway shootings areincreasing • Illinois State Police data showed that 19 shootings were reported in 2014 and 16 were reported in 2013. • In total, there have been 41 shootings on Chicago-area expressways so far this year. That's compared to 39 total shootings on expressways in 2015.
  • 49.
    Why so manyshootings? • People on the road are defenseless — unable to detect or focus on approaching trouble because they're already focused on driving. • Shootings can be random. • Gang violence can spill onto expressways.
  • 50.
    Shooting examples • Asemi driver was shot in the face and seriously wounded as he drove north on the Dan Ryan Expressway near Chicago’s 95th Street. • May 19, 2016. • Two people were shot on the the inbound lanes of Interstate 290 in Chicago. • The driver was shot five times. The passenger was grazed. • August 13, 2016.
  • 51.
    Sep 2016 • 2Dead, 1 Wounded in Separate Shootings on Eisenhower Expressway Hours Apart • Illinois State Police said the shooting happened just after noon Thursday on Interstate 290 in the eastbound lanes near the exit ramp to Central Avenue • Just before 6 a.m., ISP officers responded to reports of shots being fired in the westbound lanes of I-290 near Laramie Avenue, officials said.
  • 52.
  • 53.
    Security window filmsto prevent breakage • Bullet-resistant film keeps broken glass from flying everywhere. • Security films are made from multi-ply sheets of biaxially-oriented polyethylene terephthalate • It’s a sturdy version of the same plastic used for pop bottles. • It’s not as effective as bullet-proof glass, but it’s much safer than regular windows.
  • 54.
    Films can preventwindow breakage • Video: 3M™ Scotchshield™ Automotive Security Film Demonstration • Security films protect you and your car by blocking heat from the sun, increasing your privacy and holding broken glass together. • They increase the amount of time and effort it takes thieves to enter your vehicle, deterring property crime.
  • 55.
    Film installers forvehicles Z Tech 1572 W. Ogden Ave., Naperville, Illinois 60540 Phone: (630) 355-9555 Auto Tinting and Rock Guard 2602 W Chicago Ave, Chicago, IL 60622 Phone: (855) 705-7470 Ext. 247 Xtreme Auto Glass and Window Tint 131 S LoLande Ave, Addison, IL 60101 Phone: (855) 705-7470 Ext. 823 Midwest Glass Tinters (847) 487-8777 260 Jamie Lane Suite C Wauconda, IL 60084
  • 56.
  • 57.
  • 58.
    OSHA • “We areswamped with AMPUTATIONS” • OSHA October 2016
  • 59.
  • 60.
    OSHA • First ThreeYears of CSHO Training • #1000 Initial Compliance. • #1050 Introduction to Safety Standards for Safety Officers (safety career path/safety specialists). • #1250 Introduction to Health Standards for Industrial Hygienists (health career path/industrial hygienists). • #2000 Construction Standards (construction career path/ construction specialists). • #1310 Investigative Interviewing Techniques • #1410 Inspection Techniques and Legal Aspects. • #2450 Evaluation of Safety and Health Management Systems. • #1230 Accident Investigation. • #8200 Incident Command System I-200 course,
  • 61.
  • 62.
    OSHA Training September2016 • Falls • Confined Space • Work Zone • Cranes/Rigging • Silica • Trenching
  • 63.
    May 2016• PillsburyMills plant in Springfield IL • Joseph Chernis IV, a federal indictment for improper asbestos removal and for making false statements • The penalty on each count is up to five years in prison followed by three years of supervised release and a fine of up to $250,000. • Chernis, of Sherman, is accused of hiring an untrained individual to illegally remove more than 1,000 feet of asbestos pipe insulation from four buildings between October 2014 and August 2015. • "The asbestos debris was stuffed into approximately 300 garbage bags and at least two open-topped cardboard boxes, and left inside vacant buildings at the facility," according to the indictment announcement.
  • 64.
    April 2016 • DonBlankenship, the longtime chief executive officer of Massey Energy, was convicted on charges that he violated federal mine safety laws at the company’s Upper Big Branch Mine prior to an April 2010 explosion that killed 29 miners. • One year in prison + $250,000 • This is the maximum sentence allowed under the law.
  • 65.
    Jan 2016 • CincinnatiOH • Grand jury indicts two managers • Zachary Henzerling was working at Environmental Enterprises on Dec. 28, 2012, when a fire broke out as he was treating hazardous waste. • The Colerain Township man was burned, and later died from his injuries. • Another worker also was badly burned in the incident.
  • 66.
    Oct 2015 • OSHAmoves to a new enforcement weighting system that assigns greater value to complex inspections that require more time and resources. • Routine inspections count as one unit, while those requiring greater resources — such as those involving musculoskeletal disorders, chemical exposures, workplace violence, and process safety management violations — count as up to nine units.
  • 67.
    Oct 2015 • Sincethe beginning of the year, more than 20 workers with allegedly bogus OSHA cards have been busted at NY city construction sites, sources familiar with the crackdown said.
  • 68.
    Oct 2015 • Ajury convicted Griffin Campbell of six counts of involuntary manslaughter, rejecting the third-degree murder charges sought by prosecutors who said Campbell ignored warnings of an imminent collapse.
  • 69.
    2016 Problems • Trench5-6 feet deep. • Spoil at edge. • No access. OSHA fines P.T. Ferro, says Joliet contractor put trench workers in danger The agency proposed penalties of $104,756.
  • 70.
    2016 Problems • Holesnot secured and covered with steel plate and fenced off.
  • 71.
    2016 Problems • Riggingis used when damaged
  • 72.
    2016 Problems • Notkeeping the 10 feet safe clearance from powerlines • 240 volts temp lights may not be ok to encroach on the 10 foot. • Weatherproofing is not insulation.
  • 73.
    2016 Problems • Workershave ZERO documented training in the MUCTD so set up cones and flags haphazardly
  • 74.
  • 75.
  • 76.
  • 77.
  • 78.
  • 79.
  • 80.
  • 81.
    April 2015 • Liftinga piece of pine about 5 foot long 18 inches across • “the load made it to the ground ok the hook of the biner caught the strap and held till we lowered it down.” 81 1910.184(d) Inspections. Each day before being used, the sling and all fastenings and attachments shall be inspected for damage or defects by a competent person designated by the employer.
  • 82.
    May 2014 • ProvidenceRI • 8 hurt in fall • The US Occupational Safety and Health Administration said the rigging used put excessive weight on a carabiner, causing the metal loop to fail, and the acrobats, who were hanging by their hair, to fall 15 to 20 feet • According to OSHA, circus staff violated both industry practice and the manufacturer’s instructions for using the carabiner by attaching it so it was pulled in three directions, rather than two.
  • 83.
    Feb 2016 83 A 26-year-oldtower climber is expected to be in intensive care for another ten days after he fell from a guyed tower in Rosenberg, Tex. when his personal fall protection equipment failed after he slipped from a brace on a climbing face as he was descending after a day’s work on an LTE project for AT&T.
  • 84.
    Key Changes inZ359.1 • Section 3.2.1.4 • Gate face strength requirements have changed from 220 lbs. (1kN) (old Standard) to 3,600 lbs. (16kN) (new Standard). 84
  • 85.
    June 2013 • Officialscanceled work on the St. Charles County bridge after a 55- gallon drum being lifted by a crane fell on 51-year-old Jerseyville IL man. • He was pronounced dead at the scene.
  • 86.
  • 87.
    Ladders as aLast Resort • JLG lift pod
  • 88.
    July 2015 • Issues? •“Perfect balance for cowboy boots” • Photo Justin Morrison 88
  • 89.
    February 2015 • Genie •Allows a user to exit the platform and work comfortably around the outside of the platform with a 6-ft lanyard. It attaches to a 6- or 8-ft platform on all Genie telescopic and articulating boom lifts with lift heights higher than 40 ft., with the exception of the S-125HD model.
  • 90.
  • 91.
    July 2015 • SanLuis Obispo, CA • The machine's blades "came around and broke his arm and came around again and broke his arm a little further up the next turnaround," said San Luis Obispo Fire Battalion Chief Neal Berryman • Berryman said the man's head or neck would have been hit next. 91
  • 92.
    July 2015 • MIDDLEFIELD,Ohio – Shady Knob violated the law when they allowed a 14-year-old boy to operate machinery, which resulted in him losing his hand. • “Workers under age 18 are prohibited from operating power-driven woodworking machinery, such as the wood planer used here,” said Howard Eberts, OSHA’s area director in Cleveland. 92 Unsafe! Safe
  • 93.
    March 2015 • IslandLake IL • The machinist was using sandpaper to remove surface rust from a part of a computer-run machine. • His hand was caught and pulled into rotating parts, breaking his bones. • The worker underwent several surgeries and rehabilitation 93
  • 94.
    ANSI B Series Theuser shall designate, provide, and ensure the use of at least one of the following methods of safeguarding that affords protection for the operator, consistent with the requirements of the task: • guard(s) • safeguarding device(s) • awareness barrier(s) or awareness device(s) • safe work procedure(s). 94
  • 95.
  • 96.
  • 97.
  • 98.
  • 99.
  • 100.
    Standard Permit-Required Confined Spaces •29 CFR 1910.146 • Four revisions since was made law by OSHA • 29 CFR 1926.1200 100 1910.146(c)(2) If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces.
  • 101.
  • 102.
  • 103.
    Coolers • Nashville TN •When the power was restored to the building on June 17, 2012, Luther went to check on the cooler. • After he entered, the door slammed shut, locking him inside. • The latch release didn’t work • Luther pressed a panic button inside the cooler and the security alerted the police. • The lawsuit claims that a dry ice company recommended that the restaurant use 500 pounds of dry ice in the cooler to prevent the food from spoiling. 103
  • 104.
    Cooler 2016 • March2016 • A woman was found dead inside a freezer at a downtown Atlanta hotel Tuesday morning. • Atlanta police said the body of Caroline Robinson, 61, of East Point, was discovered at the Hotel. • The woman’s family, through The Witherspoon Law Group it hired, said even though the Hotel maintains the freezer’s exit device “worked perfectly,” injuries to Robinson’s hands are consistent with those of a person suffering and struggling to escape. 104
  • 105.
    Non Permit • 1910.146(c)(7)A space classified by the employer as a permit- required confined space may be reclassified as a non-permit confined space under the following (4) procedures: • 1) 1910.146(c)(7)(i) - If the permit space poses no actual or potential atmospheric hazards and if ALL HAZARDS within the space are eliminated without entry into the space, the permit space may be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated. 105
  • 106.
    Non Permit • 1910.146(c)(7)A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures: • 2) 1910.146(c)(7)(ii) - If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (d) through (k) of this section. • If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space may be reclassified as a non- permit confined space for as long as the hazards remain eliminated 106
  • 107.
    Non Permit • 1910.146(c)(7)A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures: • 3) 1910.146(c)(7)(iii) - The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. • The certification shall be made available to each employee entering the space or to that employee's authorized representative 107 This document certifies that the ___________________________ (location) has been cleared for a change in status from a Permit Confined Space to a Non-Permit Confined Space provided that the below conditions are met. All entrants/attendants involved in any entry have completed the Confined Space Entry training. All hazards other than atmospheric (e.g., lockout/tag out) can be completed without entry. Any conditions making it unsafe have been eliminated. Date: Certification Completed By:
  • 108.
    Non Permit • 1910.146(c)(7)A space classified by the employer as a permit-required confined space may be reclassified as a non-permit confined space under the following (4) procedures: • 4) 1910.146(c)(7)(iv) - If hazards arise within a permit space that has been declassified to a non- permit space under paragraph (c)(7) of this section, each employee in the space shall exit the space. • The employer shall then reevaluate the space and determine whether it must be reclassified as a permit space, in accordance with other applicable provisions of this section. 108
  • 109.
    Non Permit • Froman interpretation in 1996 • Question 2: May mechanical hazards be eliminated by compliance with § 1910.147? • Answer: Yes 109
  • 110.
    • Continuous forcedair ventilation must be used….. 1926.1203(b)(2)(v)
  • 111.
    • The atmospherewithin the space must be continuously monitored 1926.1203(b)(2)(vi)
  • 112.
  • 113.