Workplace Safety Management
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Safety 101 How to Establish And Run a Workplace Safety Program
10030760
Safety 101: How to Establish and Run A Workplace Safety Program
© 6/08 Business & Legal Reports, Inc. (10030760)
Editorial and Production Staff Executive Editor: Editor in Chief: Managing Editor: Contributing Editor: Production Manager: Layout and Production: Marketing Manager:
Robert L. Brady, J.D. Margaret A. Carter-Ward Judith A. Ruddy Stephen D. Bruce, PhD, PHR Isabelle B. Smith Sheryl Boutin Agnes Franks
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and Committee of Publishers.) Authorization to photocopy items for internal or personal use or the internal or personal use of specific clients is granted by Business & Legal Reports, Inc., provided that the base fee of U.S. $0.50 per copy, plus U.S. $0.50 per page, is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Suite #9, Danvers, MA 01923, USA. For those organizations that have been granted a photocopy license by CCC, a separate system of payment has been arranged. The fee code for users of the Transactional Reporting Service is: 1-55645-634-4-6/08/$.50+$0.50. © 2008 Business & Legal Reports, Inc. All rights reserved. This book may not be reproduced in part or in whole by any process without written permission from the publisher. ISBN 1-55645-634-4 Printed in the United States of America Questions or comments about this publication? Contact: Business & Legal Reports, Inc. 141 Mill Rock Road East P.O. Box 6001 Old Saybrook, CT 06475-6001 860-510-0100 860-510-7224 (fax) http://www.blr.com
Table of contents
Chapter 1. What Makes a Great Safety Professional? ...........................................................................1 Special Challenges if Safety Is an Added Responsibility ..............................................................................1 What Is Your Role as a Safety Manager?........................................................................................................2 How This Book Will Help ..............................................................................................................................2 Next Steps.........................................................................................................................................................3
Chapter 2. Set the Stage for Safety Success.............................................................................................5 Be a Cheerleader and a Business Advocate for Safety ..................................................................................5 Bottom Line.....................................................................................................................................................5 Safety a Necessity.............................................................................................................................................5 Insist on Top Management Support and Participation ................................................................................6 Clarify Responsibilities: Yours, Management’s, Employees’.........................................................................6 Encourage Employee Involvement ................................................................................................................6 Create a Safety Culture ...................................................................................................................................7 Next Steps.........................................................................................................................................................7
Chapter 3. Get Familiar with OSHA ....................................................................................................9 What Is OSHA?................................................................................................................................................9 What About State Safety Regulations?...........................................................................................................9 Rights and Responsibilities Under OSHA...................................................................................................10 What OSHA Requires of Employers ............................................................................................................10 What OSHA Requires of Employees .............................................................................................................10 What Rights OSHA Gives Employees ..........................................................................................................11 OSHA’s Guidelines for Safety Programs ......................................................................................................11 Should You Follow OSHA’s Guidelines? ......................................................................................................11 OSHA’s Posting, Recordkeeping, and Notification Requirements............................................................12 OSHA Recordkeeping Requirements ............................................................................................................12 OSHA Posting Requirements........................................................................................................................13 Notification Requirements ............................................................................................................................13 OSHA Inspections, Citations, Penalties.......................................................................................................13 Assistance from OSHA..................................................................................................................................13 Consultation Services for the Employer..........................................................................................................13 Inspection Exemption ....................................................................................................................................14 State Consultation Project Directory..............................................................................................................14 OSHA Partnership Programs .......................................................................................................................14 Voluntary Protection Programs (VPP) ...........................................................................................................14 How Does VPP Work? ..................................................................................................................................15 OSHA’s Safety and Health Achievement Recognition Program (SHARP) .....................................................15 OSHA Offices .................................................................................................................................................16 Next Steps.......................................................................................................................................................16
Chapter 4. Meet Your Legal Obligations..............................................................................................17 Safety Law ......................................................................................................................................................17 OSH Act and Regulations .............................................................................................................................17 General Duty Clause .....................................................................................................................................17 Requesting Variances from OSHA Regulations..........................................................................................18
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Table of contents Other Guidelines, Rules, and Laws .............................................................................................................18 Professional and Industrial Association Guidelines ........................................................................................18 Workers’ Compensation.................................................................................................................................19 DOT ..............................................................................................................................................................19 Whistleblower ...............................................................................................................................................19 Other Legal Challenges Related to Safety ....................................................................................................20 Negligence Suits............................................................................................................................................20 Refusals: It’s Not Safe and I Won’t Do It .......................................................................................................20 Refrain from Retaliation ................................................................................................................................20 Next Steps.......................................................................................................................................................21
Chapter 5. Identify Your Workplace’s Hazards ....................................................................................23 Quick Tips on Hazard Identification: ..........................................................................................................23 Use a Variety of Hazard Indicators ..............................................................................................................24 Evaluate Written Evidence.............................................................................................................................24 Interview Employees—No Reprisal...............................................................................................................24 Perform a Physical Worksite Analysis ........................................................................................................24 General Cleanliness of the Worksite...............................................................................................................24 Actions Governed by Specific Rules...............................................................................................................25 Proper Operation of Equipment.....................................................................................................................25 Environmental Hazards .................................................................................................................................25 Behavioral Hazards ........................................................................................................................................25 Perform Job-by-Job Analysis .......................................................................................................................25 How to Perform an OSHA Job Hazard Analysis............................................................................................25 What Is Job Hazard Analysis? .......................................................................................................................25 Selecting Jobs for Analysis .............................................................................................................................26 Using Internal and External Sources ..............................................................................................................26 Tips for Gathering Information......................................................................................................................26 General Conditions ........................................................................................................................................26 Breaking Down the Job .................................................................................................................................27 Identifying Hazards .......................................................................................................................................27 Recommending Safe Procedures and Protection.............................................................................................28 Revising the Job Hazard Analysis..................................................................................................................28 Don’t Forget These Employment Issues ......................................................................................................28 Next Steps.......................................................................................................................................................29
Chapter 6. Look for These Specific Hazards ........................................................................................31 Emergencies....................................................................................................................................................33 Fire Prevention and Control...........................................................................................................................33 Emergencies and Evacuations.........................................................................................................................34 First Aid ........................................................................................................................................................35 Violence .......................................................................................................................................................37 Physical Plant .................................................................................................................................................39 Walking and Working Surfaces .....................................................................................................................39 Sanitation.......................................................................................................................................................40 Security .........................................................................................................................................................42 Environmental Issues: Ventilation, Noise, Radiation .....................................................................................43 Electrical........................................................................................................................................................44
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Table of contents Machinery and Machine Guarding.................................................................................................................45 Temporary Labor Camps ................................................................................................................................46 Hazardous Materials ......................................................................................................................................47 13 Carcinogens ..............................................................................................................................................47 Air Contaminants ..........................................................................................................................................47 Asbestos.........................................................................................................................................................48 Compressed Gases..........................................................................................................................................48 Dipping and Coating Operations...................................................................................................................48 Explosives and Blasting Agents .....................................................................................................................48 Flammable and Combustible Liquids ............................................................................................................48 Spray Finishing Using Flammable and Combustible Materials......................................................................49 Storage and Handling of Liquefied Petroleum Gases .....................................................................................49 Storage and Handling of Anhydrous Ammonia .............................................................................................49 Process Safety Management of Highly Hazardous Chemicals ...................................................................49 Hazardous Waste Operations and Emergency Response ...........................................................................49 Who is Covered?............................................................................................................................................50 Essential HAZWOPER Components ............................................................................................................50 Written Safety and Health Program...............................................................................................................51 Occupational Exposure to Hazardous Chemicals in Laboratories.............................................................51 Personal Protective Equipment (PPE) .........................................................................................................51 General Protection .........................................................................................................................................51 Hazard Assessment ........................................................................................................................................52 Defective PPE................................................................................................................................................52 Training.........................................................................................................................................................52 Payment for PPE............................................................................................................................................52 Employee-Owned Equipment........................................................................................................................52 Written PPE Program for HAZWOPER ......................................................................................................53 Respiratory Protection ...................................................................................................................................53 Dress and Grooming......................................................................................................................................54 Hazardous Processes/Activities ....................................................................................................................54 Control of Hazardous Energy (Lockout/Tagout) .............................................................................................54 Permit-Required Confined Spaces..................................................................................................................55 Ergonomics—How People Interact with Environment..................................................................................57 Hand and Portable Powered Tools and Other Hand-Held Equipment...........................................................58 Materials Handling and Storage.....................................................................................................................58 Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms ............................................................59 Hot Work—Welding, Cutting, and Brazing.................................................................................................59 Commercial Diving Operations .....................................................................................................................60 Health Issues ..................................................................................................................................................60 Heat and Cold ..............................................................................................................................................60 Dermatitis and Other Skin Problems.............................................................................................................61 Stress Management ........................................................................................................................................62 Safety Issues for Specific Types of Workplaces ...........................................................................................62 Office.............................................................................................................................................................62 Manufacturing ...............................................................................................................................................63 Maintenance...................................................................................................................................................63 Retail.............................................................................................................................................................63
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Table of contents Medical Facilities ...........................................................................................................................................63 Food Service...................................................................................................................................................63 Transportation ...............................................................................................................................................64 Schools, Colleges............................................................................................................................................64 OSHA’s Special Industries Rules ..................................................................................................................64 Next Steps.......................................................................................................................................................65
Chapter 7. Eliminate or Control Hazards ...........................................................................................67 Preferred Solution: Eliminate the Hazard ..................................................................................................67 Move the Problem Up the Pipeline................................................................................................................67 Use Engineering Controls ..............................................................................................................................67 Try Administrative Controls ..........................................................................................................................68 Protect with PPE ...........................................................................................................................................68 Deal with Behavioral Hazards......................................................................................................................68 Why Was Procedure Not Followed?..............................................................................................................68 Training.........................................................................................................................................................68 Counseling.....................................................................................................................................................68 Discipline ......................................................................................................................................................68 Mandate Start-Up and Daily Inspections ....................................................................................................69 Recognize the Role of Maintenance in Hazard Control..............................................................................69 Develop Policies and Procedures .................................................................................................................69 Policies, Rules, Procedures, Programs, Handbooks........................................................................................69 Consider a Safety Handbook.........................................................................................................................70 Why Have a Safety Handbook? .....................................................................................................................70 Do You Need a Handbook? ...........................................................................................................................70 Weigh the Benefits of an On-Site Medical Facility......................................................................................72 Next Steps.......................................................................................................................................................72
Chapter 8. Train All Employees, Supervisors, and Managers ..............................................................73 Cope with Training Challenges.....................................................................................................................73 Deal with Training a Diverse Workforce........................................................................................................74 Supervisory Training Tips ..............................................................................................................................74 Documenting Training ..................................................................................................................................75 Train After a Change in Equipment or Procedures.........................................................................................75 Conduct Orientation Training ......................................................................................................................75 Typical Orientation Safety Topics...................................................................................................................75 Warnings About Unsuspected Hazards .........................................................................................................76 Specifications for Accident Prevention Signs and Tags ...................................................................................76 Let’s Get to It.................................................................................................................................................77 Implement OSHA’s Hazard Communication Standard..............................................................................77 Special Rules..................................................................................................................................................77 Exempt Chemicals .........................................................................................................................................77 Hazard Determination ...................................................................................................................................78 Written Hazard Communication Program.....................................................................................................79 Trade Secrets ..................................................................................................................................................82 Use OSHA’s Seven-Step Voluntary Training Guidelines ............................................................................82 OSHA Step #1: Determine if Training Is Needed.........................................................................................82
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Table of contents OSHA Step #2: Identifying Training Needs .................................................................................................84 OSHA Step #3: Identifying Goals and Objectives ........................................................................................85 OSHA Step #4: Developing Learning Activities...........................................................................................87 OSHA Step #5: Conducting the Training.....................................................................................................88 OSHA Step #6: Evaluating Program Effectiveness........................................................................................89 OSHA Step #7: Improving the Program.......................................................................................................89 Next Steps.......................................................................................................................................................90
Chapter 9. Motivate Safe Behavior......................................................................................................91 Face the Double Challenge of Safety Management .....................................................................................91 Start with Managers and Supervisors..............................................................................................................91 The Productivity vs. Safety Argument ...........................................................................................................91 Understand Why Accidents Happen...........................................................................................................92 Foster Motivation...........................................................................................................................................92 Try Incentive Programs.................................................................................................................................93 Typical Incentive Programs............................................................................................................................93 Exercise Care..................................................................................................................................................93 Two Observations...........................................................................................................................................93 Discipline for Safety Infractions...................................................................................................................93 Progressive Discipline....................................................................................................................................93 Install a Safety Committee.............................................................................................................................94 Developing and Training the Committee.......................................................................................................96 Job Description of an Effective Safety Committee Member............................................................................97 Next Steps.......................................................................................................................................................97
Chapter 10. Manage Ongoing Safety Responsibilities..........................................................................99 Set Safety Goals, Evaluate, and Update........................................................................................................99 Goal Setting...................................................................................................................................................99 Evaluation......................................................................................................................................................99 Revision and Updating ................................................................................................................................100 Perform Safety Audits .................................................................................................................................100 Manage Recordkeeping Requirements .....................................................................................................101 Form 300 Is Just the Beginning ..................................................................................................................101 Other Recordkeeping Requirements............................................................................................................101 Worth the Trouble.......................................................................................................................................102 Right to Access Records ..............................................................................................................................102 Employees’ Rights to Records......................................................................................................................102 Record Retention.........................................................................................................................................104 Penalties ......................................................................................................................................................104 Reducing Lapses in Recordkeeping..............................................................................................................104 Handle an OSHA Inspection ......................................................................................................................106 OSHA Has the Right to Inspect..................................................................................................................106 Should You Request a Warrant? ..................................................................................................................108 Conduct of the Inspection............................................................................................................................109 Citation, Conference, Contest ......................................................................................................................111 Civil and Criminal Penalties ........................................................................................................................111 Dealing with Inspectors: How to Handle Yourself.......................................................................................111
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Table of contents Investigate Accidents ..................................................................................................................................113 Employee Cooperation .................................................................................................................................113 Investigation Priority...................................................................................................................................113 Administer Workers’ Compensation..........................................................................................................116 What Is Workers’ Compensation? ...............................................................................................................116 What Workers’ Compensation Covers .........................................................................................................116 Workers’ Compensation Policy Points to Ponder .........................................................................................117 Consider Light-Duty Programs ..................................................................................................................118 Next Steps.....................................................................................................................................................120
Appendices—Safety Program Resources .............................................................................................121 Appendix A. Safety and Health Resources on the Internet .................................................................123 What’s with the Web? .................................................................................................................................123
Appendix B. State Safety Programs....................................................................................................125 Appendix C. Model Safety Programs..................................................................................................133 Model Safety Program #1 ............................................................................................................................134 B&B Manufacturing Company Safety Program............................................................................................134 B&B Manufacturing Company Safety Training............................................................................................135 Model Safety Program #2 ............................................................................................................................136 TITLE: XYZ COMPANY SAFETY AND HEALTH PROGRAM ..........................................................136 Model Safety Program #3 ..........................................................................................................................138 TITLE: ABC COMPANY SAFETY AND HEALTH PROGRAM ...........................................................138
Appendix D. Model Safety Policies ....................................................................................................141 Safety Policies...............................................................................................................................................142 Points to Cover ............................................................................................................................................142 Things to Consider ......................................................................................................................................143 Sample General Safety Policy.......................................................................................................................144 Exhibit A.....................................................................................................................................................146 Personal Protective Equipment .................................................................................................................148 Background .................................................................................................................................................148 Revised OSHA Regulation ..........................................................................................................................148 Points to Cover ............................................................................................................................................151 Legal Points .................................................................................................................................................151 Things to Consider ......................................................................................................................................152 Sample Policies ...........................................................................................................................................152 Subject: Safety/Protection Example of: Standard Policy .............................................................................153 Accident-Reporting Policies .......................................................................................................................155 Points to Cover ............................................................................................................................................155 Legal Points .................................................................................................................................................156 Things to Consider ......................................................................................................................................156 Sample Accident Reporting Policy ..............................................................................................................157 Sample Safety and Accident Prevention Policy.............................................................................................157 Emergency Policies ......................................................................................................................................161 Points to Cover ............................................................................................................................................161 Legal Points .................................................................................................................................................162
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Table of contents Things to Consider ......................................................................................................................................162 Sample Emergency Policy #1.......................................................................................................................163 Sample Emergency Policy #2.......................................................................................................................164 Fire Prevention Policies ..............................................................................................................................164 Points to Cover ............................................................................................................................................164 Things to Consider ......................................................................................................................................166 Sample Safety Habits/Fire Prevention Policy (Standard) ..............................................................................166 Sample Fire Prevention Policy (Progressive).................................................................................................167 Workers’ Compensation Policies................................................................................................................172 Points to Cover ............................................................................................................................................172 Legal Points .................................................................................................................................................173 Things to Consider ......................................................................................................................................174 Sample: Workers’ Compensation Policy (Progressive) Supervisor Guidelines...............................................176 Sample: Workers’ Compensation—Time Frame (Strict) ..............................................................................180 Hazard Communication Policies and Programs .......................................................................................181 Legal Points .................................................................................................................................................181 Points to Cover ............................................................................................................................................181 Things to Consider ......................................................................................................................................182 Sample: Right-to-Know—Plan of Implementation for an End-User of Chemicals ......................................184 Ergonomics Policy........................................................................................................................................187 Sample: Ergonomics Policy..........................................................................................................................187 Return-to-Work Policies .............................................................................................................................189 Sample: Return-to-Work Policy #1 .............................................................................................................189 Sample: Return-to-Work Policy #2 .............................................................................................................189
Appendix E. Master Training Guide for 29 CFR ..............................................................................191 Appendix F. Model Safety Checklists and Training Guides ...............................................................199 Subpart D – Walking and Working Surfaces ............................................................................................203 General Housekeeping.................................................................................................................................203 Maintenance ................................................................................................................................................203 Guarding Floor and Wall Openings and Holes............................................................................................203 Stairs............................................................................................................................................................204 Extension Ladders ........................................................................................................................................204 General Ladder Requirements......................................................................................................................204 Ladder Maintenance.....................................................................................................................................205 Portable Rung Ladders ................................................................................................................................205 Portable Wood Ladders................................................................................................................................205 Portable Metal Ladders ................................................................................................................................205 Fixed Ladders...............................................................................................................................................206 Scaffolding ...................................................................................................................................................206 Training.......................................................................................................................................................206 Subpart E – Exit Routes, Emergency Action Plans, and Fire Prevention Plans.....................................207 Design Requirements for Exit Routes .........................................................................................................207 Maintenance, Safeguards, and Operational Features for Exit Routes ............................................................208 Emergency Action Plans ..............................................................................................................................209 Fire Prevention Plans ...................................................................................................................................209 Training.......................................................................................................................................................210
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Table of contents Subpart F – Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms ..............................211 Powered Platforms for Building Maintenance..............................................................................................211 Training.......................................................................................................................................................215 Subpart G – Occupational Health and Environmental Control...............................................................217 Ventilation...................................................................................................................................................217 Noise ...........................................................................................................................................................217 Nonionizing Radiation ................................................................................................................................218 Ventiliation Training ...................................................................................................................................218 Occupational Noise Exposure Training........................................................................................................218 Subpart H – Hazardous Materials ..............................................................................................................219 Compressed Gases........................................................................................................................................219 Acetylene .....................................................................................................................................................219 Hydrogen.....................................................................................................................................................220 Oxygen ........................................................................................................................................................220 Nitrous Oxide..............................................................................................................................................221 Flammable and Combustible Liquids ..........................................................................................................221 Spray Finishing Using Flammable and Combustible Materials....................................................................221 Explosives and Blasting Agents ...................................................................................................................222 Storage and Handling of Liquefied Petroleum Gases ...................................................................................223 Storage and Handling of Anhydrous Ammonia ...........................................................................................224 Process Safety Management of Highly Hazardous Chemicals.......................................................................224 Hazardous Waste Operations and Emergency Response...............................................................................225 Dipping and Coating Operations.................................................................................................................225 Compressed Gases Training .........................................................................................................................226 Flammable and Combustible Liquids Training............................................................................................227 Explosives and Blasting Agents Training.....................................................................................................229 Storage and Handling of Liquefied Petroleum Gases Training.....................................................................230 Storage and Handling of Anhydrous Ammonia Training.............................................................................231 Process Safety Management of Highly Hazardous Chemicals Training ........................................................232 Hazardous Waste Operations and Emergency Response (HAZWOPER) Training ......................................233 Dipping and Coating Operations Training ..................................................................................................236 Subpart I – Personal Protective Equipment..............................................................................................237 Assessing Appropriate PPE..........................................................................................................................237 Training.......................................................................................................................................................237 Wearing and Maintaining Equipment .........................................................................................................237 Skin Protection ............................................................................................................................................237 Eye and Face Protection ...............................................................................................................................238 Respiratory Protection .................................................................................................................................238 Head Protection...........................................................................................................................................240 Foot Protection ............................................................................................................................................240 Training.......................................................................................................................................................240 Subpart J – General Environmental Controls............................................................................................243 Sanitation.....................................................................................................................................................243 Temporary Labor Camps ..............................................................................................................................244 Permit-Required Confined Spaces................................................................................................................245 Control of Hazardous Energy (Lockout/Tagout) ...........................................................................................249 Temporary Labor Camps Training................................................................................................................250 Specifications for Accident-Prevention Signs and Tags Training ..................................................................250
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Table of contents Permit-Required Confined Spaces Training .................................................................................................251 Control of Hazardous Energy (Lockout/Tagout) Training.............................................................................252 Subpart K – Medical and First Aid ............................................................................................................253 Medical and First Aid ..................................................................................................................................253 Training.......................................................................................................................................................253 Subpart L – Fire Protection.........................................................................................................................254 Fire Protection Compliance..........................................................................................................................254 Training.......................................................................................................................................................256 Subpart M – Compressed Gas and Compressed Air Equipment.............................................................258 Compressed Gas/Air Equipment..................................................................................................................258 Training.......................................................................................................................................................258 Subpart N – Materials Handling and Storage............................................................................................258 Materials Handling and Storage...................................................................................................................258 Servicing Rim Wheels .................................................................................................................................258 Overhead and Gantry Cranes .......................................................................................................................258 Crawler Locomotive and Truck Cranes.........................................................................................................259 Derricks .......................................................................................................................................................259 Helicopters ..................................................................................................................................................259 Slings...........................................................................................................................................................259 Powered Industrial Trucks ...........................................................................................................................259 Servicing Multipiece and Single-Piece Rim Wheels Training......................................................................261 Powered Industrial Trucks Training.............................................................................................................262 Subpart O – Machinery and Machine Guarding .......................................................................................264 Machinery and Machine Guarding...............................................................................................................264 Training.......................................................................................................................................................265 Subpart P – Hand and Portable Powered Tools and Other Hand-Held Equipment.............................266 Portable Tools and Hand-Held Equipment..................................................................................................266 Training.......................................................................................................................................................266 Subpart Q – Welding, Cutting, and Brazing .............................................................................................267 Welding, Cutting, and Brazing ...................................................................................................................267 Training.......................................................................................................................................................268 Subpart R – Special Industries ...................................................................................................................269 Pulp, Paper, and Paperboard Mills...............................................................................................................269 Textiles ........................................................................................................................................................269 Bakery Equipment.......................................................................................................................................269 Laundry Machinery and Operations .............................................................................................................269 Sawmills ......................................................................................................................................................270 Logging Operations .....................................................................................................................................270 Telecommunications ....................................................................................................................................270 Electric Power Generation, Transmission, and Distribution.........................................................................270 Grain-Handling Facilities............................................................................................................................270 Pulp, Paper, and Paperboard Mills Training ................................................................................................270 Textiles Training..........................................................................................................................................271 Bakery Equipment Training ........................................................................................................................271 Laundry Machinery and Operations Training...............................................................................................271 Sawmills Training........................................................................................................................................272 Logging Operations Training.......................................................................................................................272
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Table of contents Telecommunications Training......................................................................................................................274 Electric Power Generation, Transmission, and Distribution Training ..........................................................276 Grain-Handling Facilities Training .............................................................................................................276 Subpart S – Electrical...................................................................................................................................277 Electrical Safety-Related Work Practices .....................................................................................................277 Training.......................................................................................................................................................278 Subpart T – Commercial Diving Operations.............................................................................................279 Commercial Diving Operations ...................................................................................................................279 Training.......................................................................................................................................................279 Subpart Z – Toxic and Hazardous Substances..........................................................................................280 Air Contaminants ........................................................................................................................................280 Asbestos.......................................................................................................................................................281 Access to Employee Exposure and Medical Records.....................................................................................283 Bloodborne Pathogens .................................................................................................................................284 Ionizing Radiation.......................................................................................................................................287 Hazard Communication Compliance ...........................................................................................................287 Retention of DOT Markings, Placards, and Labels ......................................................................................288 Occupational Exposure to Hazardous Chemicals in Laboratories..................................................................289 Hazardous Substances Training....................................................................................................................289 Access to Records Training ..........................................................................................................................291 Bloodborne Pathogens Training...................................................................................................................292 Hazard Communication Training ................................................................................................................293 Occupational Exposure to Hazardous Chemicals in Laboratories Training ...................................................294
Appendix G. How to Create a Disaster Plan .....................................................................................295
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Chapter 1
What Makes a Great Safety Professional? Congratulations! You’re now in charge of safety. Whether safety is your full-time job or an additional responsibility, you may feel overwhelmed and may not know where to start. However, much about safety management is training and motivating employees—expertise that you may already have In this book, we’ll look at the key elements of successful safety programs and show you how to implement them in your organization. We’ll cover: • The role of the safety manager • Setting the stage for safety success • How to identify hazards and neutralize their dangers • How to write policies and a safety handbook • How to assess training needs and develop and deliver training • How to motivate employees toward safe behavior • How to perform the many other aspects of safety management, like audits, inspections, investigations, and so on
Special Challenges if Safety Is an Added Responsibility It’s always tricky to do a tough job like safety management as a part-time responsibility. You may have to devote some attention to drawing boundaries and setting policies that help you to keep control of your time. Here are some suggestions. • Spread the load. When safety is a secondary responsibility, you must guard against anyone thinking you can do a full-time job of it. You need to work hard to clarify responsibilities, and to make sure that manager and department heads do their share of the safety work • Rely on your safety committee. Your committee can do much to manage the safety program. Take advantage of the committee. Make sure it meets regularly and often. Have the other members involved directly in safety management. For example, have each member agree to take a turn doing the monthly audits—don’t you try to do every audit every month. Members can also be involved in training, accident investigations, and so on. • Bring others into safety business. Perhaps the managers will each take a turn walking through another manager’s department. Develop detailed policies and procedures. Make sure that everyone knows what their responsibilities are. ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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Safety 101: How to Establish and Run a Workplace Safety Program
• Use outside resources. Perhaps you will purchase training videos, or hire outside consultants
for some safety tasks. Maybe local fire and police can help with disaster preparations or emergency training.
What Is Your Role as a Safety Manager? Of course, every worksite is different, with different hazards and different challenges. But most safety managers are involved with the following:
Be an advocate for safety • Get management backing and participation • Develop general safety policies • Clarify responsibilities • Create a safety focus Identify and control hazards • Assess workplace hazards • Take steps to eliminate them Develop and deliver safety training • Orient new employees • Provide new and review training • Train for new equipment and new processes Motivate safe behavior • Implement incentive programs • Discipline when necessary Perform special safety responsibilities • Support the safety committee • Perform accident reporting and investigation • Manage workers’ compensation
How This Book Will Help We’ll give you guidelines for meeting all these responsibilities and point you to sources for additional materials. Since every workplace is different, however, you’ll need to pick and choose which elements are most important for you and your work situation. To get started, here’s what we recommend: 1. Skim through this book to get an idea of what safety management is all about. 2. Familiarize yourself with your organization’s current safety status: • Review policies on safety, and also any other safety materials such as a safety handbook. • Review safety program activities such as training, incentive programs, etc.
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What Makes a Great Safety Professional?
• Review the safety history as found in accident reports, OSHA 300 logs, and workers’ compensation claims. • Identify safety equipment used, such as fire protection, eyewash, and personal protective equipment. • Check schedules for training, audits, committees, etc. • Talk to key managers about safety issues in their departments. 3. Work your way through this book, conducting a hazard identification/hazard control program, devising a training schedule, and setting up ongoing safety program elements. 4. Chart out how you will approach managing your safety program and improving it. Which areas need attention (training, compliance, motivation), how badly do they need it, and when do they need it? 5. Create a safety plan and set goals for your new program.
Next Steps The next chapter discusses some critical steps that you must take before you start the detailed work of identifying and controlling hazards and developing your safety program.
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Chapter 2
Set the Stage for Safety Success To run an effective safety program, you need to be an enthusiastic booster of safety. But enthusiasm isn’t enough to win over management—you need to make the business case for safety as well.
Be a Cheerleader and a Business Advocate for Safety Management will readily agree that safety is important, and they know that they have a moral obligation to maintain a safe workplace. But sometimes it’s hard to get that concern translated into a budget for safety products, to get people released for safety training, and to get time allocated for safety committee meetings, inspections, and investigations. Bottom Line
While you want to be an enthusiastic cheerleader, remember that management tends to be influenced most by impact to the bottom line. So enthusiasm and moral arguments aren’t enough. You need to be able to justify safety program elements as cost-saving and productivity enhancing. Here’s help for explaining to your management how safety is good for its own sake, and for productivity and profit. The most important factor is a simple one: An unsafe workplace is unproductive and unprofitable. Safety a Necessity
Here are some more specific reasons for safety programs. • Injuries and illnesses drop productivity dramatically. Safety problems—accidents, injuries, illnesses—can shut down production lines for repairs or for investigations. Further, lost-time accidents mean the loss of skilled workers—substitutes just can’t keep productivity up. • Fines and sanctions for noncompliance with safety rules can be stiff. Organizations have a legal obligation to keep employees safe. The Occupational Safety and Health Administration (OSHA) requires organizations to provide a safe workplace. • In spite of workers’ compensation laws, lawsuits lurk. Even more expensive and timeconsuming than OSHA sanctions are lawsuits that are likely when there’s even a hint of negligence. And don’t think juries are going to side with you when an injured employee takes the stand. • Morale suffers when safety suffers. “I told them about the hazard, but they just don’t care.” That attitude isn’t going to make for eager, productive workers.
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Safety 101: How to Establish and Run a Workplace Safety Program
• When morale suffers, retention suffers. When employees don’t feel secure where they work, and don’t think that management cares about their safety, they are much more likely to look for other work. That’s another expensive problem—lost productivity while you hire and train new workers—if you can find them. Yes there is a modest investment for safety programs, but the return on that investment can be dramatic.
Insist on Top Management Support and Participation As with most any organizational project, the first step is to gain management support. And experienced safety people know that management can’t just be supportive—they have to show it. They have to let everyone in the organization know that safety comes before productivity. If top management won’t support that premise, then you’ll never get anyone else to support it. Support includes resources, access, and participation. • Resources for safety. This means reasonable budget allocations for safety training materials, safety signs, posters, lockout equipment, etc. It also means commitment to time for investigations, safety meetings, and so on. • Access to the top for safety. In addition, safety personnel need to have access to upper management so that safety concerns can be aired at high levels in the structure. • Frequent and enthusiastic participation. Management must be present at safety awards, at training, and must take an active role. OSHA says “In an effective program, management regards worker safety and health as a fundamental value of the organization and applies its commitment to safety and health protection with as much vigor to other organizational goals. “
Clarify Responsibilities: Yours, Management’s, Employees’ One problem that can easily sidetrack the best safety efforts is lack of clarity about responsibility. Lay out the safety responsibilities for the following groups: • Top management • Safety officer • Safety committee members • Managers and supervisors • Employees with special responsibilities such as first aid, firefighting, or emergency shutdown • All employees In each case, try to be specific. Spell out who performs each major safety task and how and where they get the resources to accomplish it.
Encourage Employee Involvement Most experts believe that for a safety program to work, employees must be involved. There are two important aspects to this.
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• Build in employee involvement. When planning how to structure and operate your safety •
program, and when making decisions that affect employee safety and health, build in employee participation every step of the way. Insist that participating employees be supported. Managers and supervisors must be truly supportive. They do this actively by encouraging participation, but also by their attitudes. For example, they can’t act annoyed when an employee needs time off to attend a safety meeting. You can’t have employees thinking, “Being on this safety committee is going to hurt my career chances.”
Create a Safety Culture It’s not enough to have a policy and a program. Safety managers need to think in terms of developing a safety culture—a workplace in which safety is part of the landscape, a routine presence in every employee’s work habits. Here are some of the things that will help: • Publicize your commitment. Make sure safety is mentioned at all employee meetings, gatherings, training sessions, etc. • Involve employees. As mentioned above, the more employees feel they have had a hand in creating the program, the more committed they will be to carrying it out. • Have an active safety committee. Safety committees are discussed in more detail in Chapter 9. • Develop a complaint system. Make sure employees know where to go, and make sure to investigate, take action, and get back to the employee. • Consider incentive programs. Many employers have found that incentive programs help to focus attention on safe behavior.
Next Steps Now that you have a feel for your safety role, it’s time to become familiar with OSHA, the federal agency that governs safety regulation and enforces safety rules.
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Chapter 3
Get Familiar with OSHA As the person responsible for safety in your organization, you must be familiar with the federal agency for safety and health and what it requires of your organization.
What Is OSHA? OSHA is the Occupational Safety and Health Administration, the federal agency charged with improving and ensuring the safety and health of the nation’s workers. OSHA was established by the 1970 Occupational Safety and Health Act (OSH Act). OSHA has subsequently set forth regulations for many types of workplaces and many types of work-related activities. We’ll cover the requirements of these regulations in later chapters.
What About State Safety Regulations? States have two choices when it comes to safety. They may adopt the OSHA’s federal regulations, or they may have a state plan; however, the state plan must have requirements as least as stringent as those of the federal regulation. As a result, many states that have chosen to be “state plan” states have regulations that mimic the federal regulations in most particulars. Nevertheless, if you operate in a “state plan” state, you must familiarize yourself with state requirements. The following states and jurisdictions have approved state plans: Alaska Minnesota U.S. Virgin Islands Arizona Nevada Utah California New Jersey Vermont Connecticut New Mexico Virginia Hawaii New York Washington Indiana North Carolina Wyoming Iowa Oregon Kentucky Puerto Rico Maryland South Carolina Michigan Tennessee Note: The Connecticut, New Jersey, New York, and U.S. Virgin Islands plans cover public sector (state and local government) employment only. For more information, See Appendix B.
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Safety 101: How to Establish and Run a Workplace Safety Program
Rights and Responsibilities Under OSHA You must be familiar with what OSHA requires of your organization. In addition to knowing safety rules for their areas, your managers and supervisors should particularly be aware of employee rights granted by OSHA. What OSHA Requires of Employers
There’s a long list of employers’ OSHA responsibilities. Here’s what employers are required to do: • Meet the general duty to provide a workplace free from recognized hazards. • Be familiar with and comply with OSHA’s standards, rules, and regulations. • Keep workers informed about OSHA and safety and health matters, and make copies of OSHA standards available to employees upon request. • Warn employees of potential hazards. • Provide employees with safe and properly maintained tools and equipment, including appropriate personal protective equipment, and ensure that they use the equipment. • Evaluate workplace conditions, and minimize or eliminate potential hazards. • Establish operating procedures and communicate them to employees. • Provide required training. • Provide medical exams when required. • Report certain accidents. • Maintain required records of work-related injuries and illnesses, and post a copy of OSHA 300A, Summary of Work-related Injuries and Illnesses, from February 1 to April 30. • Post prominently the OSHA “It’s the Law” poster. • Post OSHA citations and abatement verification notices at or near the worksite involved. • Abate cited violations within the prescribed period. • Provide employees, former employees, and their representatives access to the Log of Workrelated Occupational Injuries and Illnesses (OSHA 300) at a reasonable time and in a reasonable manner. • Provide access to employee medical records and exposure records to the employee and others. • Cooperate with OSHA compliance officers. • Not discriminate against employees exercising their rights under the OSH Act. What OSHA Requires of Employees
While OSHA places most of its requirements on employers, it also places responsibilities on employees. Although OSHA does not cite employees for violations, it does require safe behavior from them. Specifically, employees should: • Comply with all applicable standards, rules, regulation, and orders issued under the OSH Act. • Follow all employer safety and health rules and regulations, and wear or use prescribed protective equipment. • Report hazardous conditions and job-related injuries. ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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What Rights OSHA Gives Employees
OSHA also provides employees with certain rights. Among those are the right to: • A workplace free from recognized hazards. • Review copies of OSHA standards, rules, regulations, and requirements. • Request information from the employer on safety and health hazards, precautions, and emergency procedures. • Receive adequate training and information. • Request an OSHA investigation if they believe hazardous conditions exist. • Have their name withheld from the employer if they file a complaint. • Have an employee representative accompany an OSHA inspector. • Respond to questions from the inspector. • Observe monitoring of hazardous materials and see related records. • Review the OSHA Log and Summary forms. • Submit a written request to the National Institute for Occupational Safety and Health for information on whether any substance in the workplace has potentially toxic effects in the concentrations being used. • Report unsafe conditions. • Refuse to work in unsafe conditions if the employee has a good faith belief that the conditions constitute an imminent threat and where there is insufficient time to contact OSHA, and where the employee has sought from the employer and been unable to obtain a correction of the dangerous conditions. All supervisors and managers must know and respect these rights.
OSHA’s Guidelines for Safety Programs To help employers structure their compliance with its requirements, OSHA has developed Safety and Health Management Guidelines. The guidelines are not mandatory (although OSHA would like them to be), but they are a good place from which to start in designing or revamping your safety program. In fact, you’ll find that this book’s suggestions follow the general outline recommended by the OSHA program. Should You Follow OSHA’s Guidelines?
Most experts recommend it. First, the guidelines are sensible. You might as well at least start from the guidelines. Second, when the OSHA compliance officer arrives, it just can’t hurt to show that you’ve designed your program in line with the OSHA guidelines. Here’s a brief summary of the OSHA program guidelines.
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Safety 101: How to Establish and Run a Workplace Safety Program
1. Management Commitment and Employee Involvement The elements of management commitment and employee involvement are complementary and form the core of any occupational safety and health program. Management’s commitment provides the motivating force and the resources for organizing and controlling activities within an organization. In an effective program, management regards worker safety and health as a fundamental value of the organization and applies its commitment to safety and health protection with as much vigor as to other organizational goals. Employee involvement provides the means by which workers develop and/or express their own commitment to safety and health protection for themselves and for their fellow workers. 2. Worksite Analysis A practical analysis of the work environment involves a variety of worksite examinations to identify existing hazards and conditions and operations in which changes might occur to create new hazards. Ignorance of a hazard stemming from failure to examine the worksite is a sign that safety and health policies and/or practices are ineffective. Effective management actively analyzes the work and worksite to anticipate and prevent harmful occurrences. 3. Hazard Prevention and Control Where feasible, workplace hazards are prevented by effective design of the job site or job. Where it is not feasible to eliminate such hazards, they must be controlled to prevent unsafe and unhealthful exposure. Elimination or control must be accomplished in a timely manner once a hazard or potential hazard is recognized. Specifically, as part of the program, employers should establish procedures to correct or control present or potential hazards in a timely manner. 4. Safety and Health Training Training is an essential component of an effective safety and health program. Training helps identify the safety and health responsibilities of both management and employees at the site. Training is often most effective when incorporated into other education or performance requirements and job practices. The complexity of training depends on the size and complexity of the worksite as well as the characteristics of the hazards and potential hazards at the site. • Employee Training. Employee training programs should be designed to ensure that all employees understand and are aware of the hazards to which they may be exposed and the proper methods for avoiding such hazards. • Supervisory Training. Supervisors should be trained to understand the key role they play in job site safety and to enable them to carry out their safety and health responsibilities effectively. See Chapter 8 for details on planning and providing safety training.
OSHA’s Posting, Recordkeeping, and Notification Requirements OSHA mandates certain recordkeeping and posting. OSHA Recordkeeping Requirements
OSHA’s primary recordkeeping requirement concerns the maintenance of the OSHA 300 log in which you record certain illnesses and injuries. Most employers are required to post an annual summary of the log, the OSHA 300-A form.
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Get Familiar with OSHA
In addition, specific subparts may require special recordkeeping (such as lead exposure and hearing tests), and you’ll also want to maintain other records, such as training logs, audits and inspections, and so on. Recordkeeping is discussed in detail in Chapter 10. OSHA Posting Requirements
All employers must post the OSHA poster, “It’s the Law.” The poster may be downloaded from OSHA at www.osha.gov. Notification Requirements
When a death or incident that hospitalizes three or more workers occurs, you must notify OSHA within 8 hours.
OSHA Inspections, Citations, Penalties While OSHA does devote substantial resources to training and helping employers to comply with its regulations, it also maintains a large force of compliance officers. Some inspections are randomly done, some come as a result of employee complaints, and some are the result of an OSHA focus on a specific industry or on workplaces with a history of safety violations. When OSHA inspectors arrive, generally unannounced, they will ask for entry and for an initial conference. Technically, you don’t have to let them in without a warrant, but most employers do, because they can easily get a warrant, and after they do, they’ll probably be a little more sharp-eyed, and less inclined to accept explanations than they would have been had you let them in first time around. Inspectors will often want to see your safety program materials, and generally want to talk to employees. They may quiz employees to see if they understand the hazards with which they work, where the Material Safety Data Sheets (MSDSs) related to hazards are located, and so on. At the end of the inspection, there is a closing conference. If OSHA finds violations, they issue citations and levy fines. See Chapter 10 for specific information on how to handle an OSHA inspection.
Assistance from OSHA OSHA doesn’t just inspect and issue citations. They provide assistance to employers. In addition to a number of materials (see www.osha.gov), OSHA offers consultation services. Consultation Services for the Employer
Employers who want help in recognizing and correcting safety and health hazards and in improving their safety and health programs can get it from a free consultation service largely funded by OSHA. The service is delivered by state governments using well-trained, professional staff. The consultation program not only addresses immediate problems but also offers advice and help in maintaining continued effective protection.
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Safety 101: How to Establish and Run a Workplace Safety Program
Primarily targeted for smaller businesses in higher hazard industries or with especially hazardous operations, the safety and health consultation program is completely separate from the inspection effort. The service is also confidential. Your name and firm and any information about your workplace, plus any unsafe or unhealthful working conditions that the consultant uncovers, will not be reported to the OSHA inspection staff unless a serious problem is identified and you fail to correct it in the specified amount of time. In addition, no citations are issued or penalties proposed as a result of a consultation. Your only obligations are to allow the consultant to confer with employees in the course of the hazard survey and to correct any imminent dangers and other serious job safety and health hazards in a timely manner. You make these commitments before the consultant’s visit. Comprehensive consultation services include the following: (1) An appraisal of all mechanical and environmental hazards and physical work practices; (2) An appraisal of the present job safety and health program or the establishment of one; (3) A conference with management on findings; (4) A written report of recommendations and agreements; (5) Training and assistance with implementing recommendations; and (6) A follow-up to assure that any required corrections are made. In rare instances, the consultant may find an “imminent danger” situation during the walk-through. In such situations, an employer must take immediate action to protect all affected workers. If the consultant finds a hazard that is considered to be a “serious violation” under OSHA criteria, he or she will work with you to develop a mutually acceptable plan and schedule to eliminate or control that hazard. Inspection Exemption
Employers who receive a comprehensive consultation visit, correct all identified hazards, and institute the core elements of an effective safety and health program may be awarded a certificate of recognition from OSHA, signifying a 1-year exemption from general schedule enforcement inspections. Inspections prompted by an employee complaint or by a fatality or catastrophe would not be exempted under this program. State Consultation Project Directory
You can find addresses, phone numbers, and e-mail addresses for OSHA Consultation Project Offices for your state at www.osha.gov. Click on OSHA Offices, then follow the links to Consultation Program Offices.
OSHA Partnership Programs OSHA has established an interesting set of partnership programs for organizations that demonstrate the effectiveness of their safety programs. Voluntary Protection Programs (VPP)
In the VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Approval into VPP is OSHA’s official recognition of the outstanding efforts of employers and employees who have achieved exemplary occupational safety and health.
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How Does VPP Work?
VPP sets performance-based criteria for a managed safety and health system, invites sites to apply, and then assesses applicants against these criteria. OSHA’s verification includes a rigorous onsite evaluation by a team of OSHA safety and health experts. OSHA approves qualified sites to one of three programs: • Star. The Star program recognizes worksites that have outstanding safety programs that have met all of OSHA’s requirements. • Merit. The Merit program is for worksites that are close to achieving Star status but need more time to fully qualify. • Star Demonstration. This program provides recognition for worksites that address unique safety and health issues. OSHA sponsors a VPP mentoring program that matches a potential VPP site with a current VPP site. In addition, OSHA has developed a 4-day training course that emphasizes the VPP culture, philosophy, and criteria. See the OSHA website (www.osha.gov) for information on VPP programs, a current list of VPP sites, VPP publications, and the VPP Participants’ Association. For more information on becoming a VPP member, contact OSHA’s Office of Partnerships and Recognition at 202-693-2213 or the VPP manager at your OSHA regional office. OSHA’s Safety and Health Achievement Recognition Program (SHARP)
OSHA also has a special program for small employers called SHARP (Safety and Health Achievement Recognition Program). The program recognizes small employers who operate an exemplary safety and health management system. Upon receiving SHARP recognition, worksites are exempt from programmed inspections during the period that the SHARP certification is valid. To participate in SHARP, you must: • Request a consultation visit that involves a complete hazard identification survey; • Involve employees in the consultation process; • Correct all hazards identified by the consultant; • Implement and maintain a safety and health management system that, at a minimum, addresses OSHA’s Safety and Health Program Management Guidelines • Lower your company’s Days Away, Restricted, or Transferred (DART) rate and Total Recordable Case (TRC) rate below the national average; and • Agree to notify your state Consultation Project Office prior to making any changes in the working conditions or introducing new hazards into the workplace. For more information, visit the OSHA website at www.osha.gov or call your regional OSHA office.
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Safety 101: How to Establish and Run a Workplace Safety Program
OSHA Offices OSHA maintains area offices and regional offices throughout the country to help employers comply with all the OSHA regulations. (A listing of all OSHA offices may be found at www.osha.gov.)
Next Steps Now that you are familiar with OSHA, it’s time to look more specifically at the agency’s regulations and at other legal obligations for safety management.
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Chapter 4
Meet Your Legal Obligations As safety manager, you must know the laws and regulations that impact safety management. Foremost among legal requirements for safety is the set of safety regulations promulgated by OSHA under the OSH Act. In addition there are other guidelines and regulations that you should know. Here’s a briefing.
Safety Law Many safety standards are quite specific. That’s very helpful but, of course, it also makes it very hard for an organization to claim that it didn’t understand what was required. However, many standards are performance-oriented, which gives employers the flexibility to tailor their programs to the characteristics of their workplaces. So as the safety manager, you need to spend some time with the OSHA regulation and learn which requirements apply to your workplace. In addition, you’ll find that some of your safety obligations come from other sources, such as state laws, and industry association and manufacturer recommendations. Here’s what you need to know.
OSH Act and Regulations OSHA’s regulations are a monster in their entirety—over 1,000 pages in print—but depending on the nature of your business, it’s likely that only a few of its many subparts apply to your organization. For example, you probably won’t have to spend too much time with Subpart T, which covers commercial diving, unless you happen to be a commercial diver. General Duty Clause
Where there isn’t a specific regulation, OSHA has a “catch-all” rule—the General Duty Clause— that requires employers to furnish to each of its employees employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees. Some safety managers call the General Duty Clause the “right arm” of safety enforcement—“if the left don’t get you then the right one will.” The important message is this: Just because a hazardous substance or a hazardous situation isn’t covered by one of the OSHA regulations’ specific subparts, that doesn’t mean you don’t have an OSHA obligation to protect employees. Because of the general duty clause, you always have the broad responsibility of providing a safe workplace for your workers. OSHA can and will cite under the General Duty Clause. ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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Safety 101: How to Establish and Run a Workplace Safety Program
Specific Hazard Subparts Beyond the General Duty Clause, the OSHA regulations are divided into many specific subparts, only a few of which usually apply to any particular site. The subparts deal with • Situations (for example, emergencies and fires); • Procedures (for example, lockout/tagout, confined space entry); and • Substances (for example, lead, 4-Dimethylaminoazobenzene). For a detailed list of the contents of the subparts see Appendix E. For detailed guidance on how to comply with the requirements and what training they require, see Appendix E and Appendix F. For more details on common workplace hazards, see Chapter 6.
Requesting Variances from OSHA Regulations If an OSHA standard is going to cause you significant problems, don’t overlook the possibility of obtaining a variance. Employers may ask the agency for a variance from a standard or regulation if they cannot fully comply by its effective date. Among the frequent reasons for a variance is a shortage of materials, equipment, or professional/technical personnel. Another justification that has been successfully employed is that facilities or methods of operation provide employee protection “at least as effective” as that required by OSHA.
Other Guidelines, Rules, and Laws Although the OSHA regulations are the most prominent among your compliance requirements, there are other laws and guidelines that may impact your safety obligations. Some of these are the following: Professional and Industrial Association Guidelines
Many professional and industrial associations have developed guidelines for safety issues common in their industries. Manufacturers and suppliers may also provide guidelines for safe use of their products. It’s generally a good idea to follow these guidelines, even if OSHA doesn’t mandate it. If you don’t follow these recommendations and something goes wrong, you’ll look negligent.
Union Agreements and Rules Naturally, if you have contracts with your unions, you need to follow any contractual requirements. Other Laws Some other laws are part of the safety compliance arena. ADA The Americans with Disabilities Act (ADA) contains provisions that bump against safety, often in difficult ways. When you have disabled employees, you have an obligation to make reasonable accommodations, but not when disabled employees may be a danger to themselves or others. Tricky situations such as these are possible:
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Meet Your Legal Obligations
• Operate a vehicle or machinery. You have a difficult situation when you question whether a disabled employee can, for example, operate a vehicle or piece of machinery without harm to himself or herself, and without harm to others. This is most commonly a question when the employee is subject to passing out, for example, if the person is diabetic or suffers from epilepsy. • Reaction to a substance. Another situation is when the person may be likely to react to a hazardous substance with an asthma attack, for example, or with a dermatitis problem. • Pregnancy. Another variation involves pregnant employees, when exposure may cause damage to the fetus. These cases are all difficult, because typically the employee insists on working the job, either contending that there is no danger to others or that the job poses no threat to them. Often these situations may be resolved with a job transfer, but when the employee refuses, or when there is no other job, and it’s not abundantly clear that the employee or co-workers are in danger, it’s probably best to confer with an attorney. Workers’ Compensation
Workers’ compensation is generally a matter of state law. Workers’ compensation can be referred to as the great compromise. For the employee, it provides immediate paid treatment for job-related illnesses and injuries, as well as payments when the worker is unable to continue working. In return for this benefit, workers give something up: the right to sue their employers. Workers’ compensation is generally the “exclusive remedy” for workers injured on the job. Note: In a few states, employers are not required to participate in the workers’ compensation program. For more details on worker’s compensation, see Chapter 10. DOT
The U. S. Department of Transportation has many safety roles, including: • Safety for transportation on land, air, and sea • Reporting of oil and chemical spills • Regulations and testing regarding use of drugs and alcohol • Hazardous materials transportation Whistleblower
In addition to OSHA’s protections, many jurisdictions have whistleblower laws, and many federal laws have whistleblower provisions in them. Managers and supervisors must be trained in how to react to complaints.
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Safety 101: How to Establish and Run a Workplace Safety Program
Other Legal Challenges Related to Safety In addition to specific compliance issues, safety managers must be aware of other legal threats, in particular, negligence, refusals, and retaliation. Negligence Suits
In most workplace situations, when an accident occurs, workers’ compensation is the sole legal remedy for employees, so employers don’t have to worry about lawsuits. However, if the employer is guilty of negligence, employees may have an avenue to bring charges in court. You want to avoid having to face a jury on these issues, because invariably, you’ll look like the uncaring company that didn’t care about the poor worker and ignored pleas for basic safety protection. That’s going to get expensive. To override the presumption that workers’ compensation is the sole remedy, an employee must have a strong case. But situations such as these are ripe for negligence suits: • You told an employee that an operation was safe when you knew it wasn’t. • You are on notice of a hazard and you did not take action to deal with the problem. • An employee turned violent and you knew of his or her past violent behavior. The common element is prior knowledge of a risk or hazard. Refusals: It’s Not Safe and I Won’t Do It
Managers and supervisors must remember that employees have a right to refuse to work in an unsafe environment. What if the employee’s concerns are just wrong and it’s safe as can be? This is often the case, especially since employees often get information from the grapevine and other unofficial sources. To deal with these situations: • Take the complaints seriously. • Determine exactly what the employee is concerned about. • Explain the company’s procedures for evaluating hazards. • Explain why the specific situation does not pose a hazard. If you can’t resolve the issue, you may want to seek another opinion. Refrain from Retaliation
Every manager and supervisor must be trained to respond properly to safety complaints, and not to retaliate or appear to retaliate.
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Meet Your Legal Obligations
Next Steps By now, you’ve got the lay of the land. You know about your OSHA obligations and about other requirements related to safety. It’s time to start working on developing or improving the hazard control portion of your safety and health program. To do so, you’ll follow a series of very logical steps: • Identify the hazards. • Take steps to eliminate or minimize the hazards, or to protect employees from them. • Train employees in how to work safely. • Motivate employees to work safely. Now, you know the rules. The next chapters of this book will help you identify and deal with the hazards found in your facilities.
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Chapter 5
Identify Your Workplace’s Hazards Identifying hazards is, of course, the first step in keeping the workplace safe. All employers need to do this in a regular and systematic way. Some refer to this as a safety scan, while others call it a safety and health audit. Whatever you name it, this chapter and the next will help you to accomplish this critical task. This chapter covers general guidance for identifying hazards; the next chapter covers the most common a specific hazards you’ll need to look for. If you are a manager with little experience in safety and health, we suggest that you spend some time skimming over Chapter 6 and the checklists in the Appendices. That will give you a good idea of the kinds of hazards for which you will be looking. Remember, although there are a great many potential hazards, your facility probably only has to worry about a few of them.
Quick Tips on Hazard Identification: • See it in action. If it’s a process, you want to see it in action. Many activities sound easy and •
• • • •
safe on paper, but when you see employees do them, you see safety problems galore. Check more than once. Most hazards only present themselves once in a while, so it’s a good idea to visit your sites more than once. Also, remember that employees are apt to be on their best behavior when they know their performance is being observed. If you are frequently in the work area, employees may forget your presence and go back to “business as usual.” Then you may see any unsafe actions or shortcuts they may be taking as they go about their jobs. Check every shift. Some hazards tend to be present only on one shift, because of staffing, or lack of supervision on a late night shift, or on the particular manager on duty. Be sure to check out all shifts. Beware of undetectables. Some hazards, such as toxic fumes, may not be visible or detectable without specialized equipment. You’re going to get dirty. Even in areas with good housekeeping, you’re going to get a little dirty if you crawl around machinery and do what you need to do to get a good look at what’s involved in maintaining safety. Don’t do your inspections in a three-piece suit. Don’t forget near misses. Near misses—situations in which an accident almost occurred—are important indicators of hazard potential. Always consider near misses along with actual accidents as you evaluate hazards.
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Safety 101: How to Establish and Run a Workplace Safety Program
Use a Variety of Hazard Indicators Don’t trust any one source of information about hazards: Try to use as many as you can. Here’s what to do. Evaluate Written Evidence
Before you start physical inspections, it’s helpful to evaluate your written records concerning safety. They will give you some direction to follow. Take a look at the following: • OSHA inspection reports, records of fines or sanctions, etc. These documents help you to see what safety violations or problems your organization has had in the past. • Worker’s compensation records. These will help you to pinpoint which departments or areas have the greatest number of safety problems, and what type of problems they typically have. • Accident and near-miss reports. Similarly, these records should help show safety problem areas. • Safety committee meeting minutes. If you have a safety committee, the minutes will give you more background on safety concerns and activities at your workplace. • Raw materials. Check other organizations and groups that use the same materials you use— what hazards do they report? • Others using process and equipment. Similarly, look to others who use the same or similar equipment and manufacturing processes. • Industry groups. Most industrial groups have organizations that serve and represent them. Find out what materials they have available on hazards and hazard control. • Industry and government safety statistics. OSHA publishes lists of most-commonly cited violations, and your industry group may be able to provide similar information. • MSDS for hazardous chemicals. Interview Employees—No Reprisal
As you tour your workplace, speak with employees. Ensure a no-reprisal culture—that is, one where employees are encouraged to raise safety questions and issues without fear of reprisal.
Perform a Physical Worksite Analysis Once you have reviewed the safety records, it’s time to make a physical evaluation of your hazards. (Appendix F contains many checklists for common workplace situations.) In general, you will check each area and each workstation for the following: General Cleanliness of the Worksite
• All aisles and exits free of any debris or obstructions. • No wet spots. • No dangerous elements such as potholes or trip hazards.
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Actions Governed by Specific Rules
Lockout/tagout. Bloodborne pathogens. Confined spaces. Proper Operation of Equipment
Sometimes operators create problems by how he they perform the job. For example, they might run a machine beyond its rated capacity, or they might use more raw material than is recommended. Make sure employees operate equipment within standards. Otherwise, overheating, breakage, and accidents will result. Environmental Hazards
Be on the alert for environmental hazards in the workplace. These could be, for instance, air quality problems, dust or other airborne contaminants, excess heat, or noise, etc. Behavioral Hazards
Some hazards are of the employee’s own making. For example, fork truck drivers may try to set a plant record for how fast they can load a pallet into a railcar, or to set a world record for how many pounds over rated capacity they can lift.
Perform Job-by-Job Analysis Some hazards are obvious—any observer can tell that workers must exercise care and develop safety procedures. And, as described above, many hazards will be uncovered as a result of a self-audit. Other hazards, however, are less obvious, and are uncovered only by conducting a systematic analysis of the jobs in your worksite, one by one. Job hazard analysis can be a very important part of your safety and health program. In some organizations the process is called Job Safety Analysis (JSA) or Job Safety Practices (JSPs). Because of its importance, OSHA has developed a system to help you. If hazard analyses have been done before, read them. If not, follow the OSHA system outlined below. How to Perform an OSHA Job Hazard Analysis
The material that follows was adapted from OSHA publications. It explains what Job Hazard Analysis is and contains guidelines for conducting your own analysis on a step-by-step basis. What Is Job Hazard Analysis?
OSHA says that Job Hazard Analysis means “carefully studying and recording each step of a job, identifying existing or potential job hazards (both safety and health) and determining the best way to perform the job to reduce or eliminate these hazards. Improved job methods can reduce costs resulting from employee absenteeism and workers’ compensation, and can often lead to increased productivity.”
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Selecting Jobs for Analysis
OSHA suggests that you follow this priority when determining which jobs to analyze first: 1. Jobs with the highest rates of accidents or lost-workday injuries 2. Jobs where “close calls” have occurred 3. New jobs 4. Jobs where changes have been made in processes and procedures 5. All other jobs. Eventually, a Job Hazard Analysis should be conducted and made available to employees for all jobs in the workplace. Using Internal and External Sources
As mentioned above, look to your internal records for indications of hazards and unsafe situations. Also use external sources for guidance in identifying hazards. In many cases, you’ll find that someone has already done the work of analyzing the job for you. Tips for Gathering Information
• Point out that you are studying the job itself, not checking up on the employee’s job performance. • Involve the employee in all phases of the analysis—from reviewing the job steps to discussing potential hazards and recommended solutions. • Talk to other workers who have performed the job. • Use common sense. • Finally, keep your eyes open—don’t wait for accidents to happen. General Conditions
OSHA suggests several sample questions you might ask about the general conditions under which the job is performed. Note that these are just suggestions—you should add more questions of your own having to do with your particular environment. • Are there materials on the floor that could trip a worker? • Is lighting adequate? • Are there any electrical hazards that could be accidentally activated at the job site? • Are there any explosive hazards associated with the job, or likely to develop? • Are there tools, including hand tools, machines, and equipment in need of repair? • Is there excessive noise in the work area, hindering worker communication? If so, audiometric testing may be required. • Is fire protection equipment readily accessible and have employees been trained to use it? • Are emergency exits clearly marked? • Have fire extinguishers been inspected? • Are motorized vehicles properly equipped with working brakes, overhead guards, backup signals, horns, steering gear, seat belts, and identification, as necessary? • Are all employees who operate vehicles and equipment properly trained and authorized?
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• • • • •
Are employees wearing proper personal protective equipment for the jobs they are performing? Have any employees complained of headaches, breathing problems, dizziness or strong odors? Is ventilation adequate, especially in confined spaces? Have tests been made for oxygen deficiency and toxic fumes? Are there any ergonomic risk factors (lifting, bending, repetitive motions)? OSHA also mentions the possibility of taking pictures of a worksite for use in making a more detailed analysis. The OSHA suggestions continue with “breaking down the job.” Breaking Down the Job
Nearly every job can be broken down into steps. In the first part of the Job Hazard Analysis, list each step of the job in order of occurrence as you watch the employee performing the job. Be sure to record enough information to describe each job action, but do not make the breakdown too detailed. Later, go over the job steps with the employee. Identifying Hazards
After you have recorded the job steps, examine each step to determine the hazards that exist or that might occur. Ask yourself these kinds of questions: • Is the worker wearing protective apparel and equipment, including safety belts or harnesses that are appropriate for the job? • Are work positions, machinery, pits or holes, and hazardous operations adequately guarded? • Are lockout procedures used for machinery deactivation during maintenance procedures? • Is the worker wearing clothing or jewelry that could get caught in the machinery? • Are there fixed objects that may cause injury, such as sharp machine edges? • Is the flow of work improperly organized (e.g., is the worker required to make movements that are too rapid)? • Can the worker get caught in or between machine parts? • Can the worker be injured by reaching over moving machinery parts or materials? • Is the worker at any time in an off-balance position? • Is the worker positioned to the machine in a way that is potentially dangerous? • Is the worker required to make movements that could cause hand or foot injuries, or strain from lifting? • Can the worker be struck by an object or lean against or strike a machine part or object? • Can the worker fall from one level to another? • Can the worker be injured from lifting or pulling objects, or from carrying heavy objects? • Do environmental hazards—dust, chemicals, radiation, welding rays, heat or excessive noise— result from the performance of the job? Repeat the job observation as often as necessary until all hazards have been identified.
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Recommending Safe Procedures and Protection
After you have listed each hazard or potential hazard and have reviewed them with the employee performing the job, determine whether the job could be performed in another way to eliminate the hazards, such as combining steps or changing the sequence, or whether safety equipment and precautions are needed to reduce the hazards. • If safer and better job steps can be used. List each new step, such as describing a new method for disposing of material. List exactly what the worker needs to know in order to perform the job using a new method. Do not make general statements about the procedure, such as “Be careful.” Be as specific as you can in your recommendations. • If no new procedure can be developed. Determine whether any physical changes, such as redesigning equipment, changing tools, adding machine guards, personal protective equipment or ventilation, will eliminate or reduce the danger. • If hazards are still present. Try to reduce the necessity for performing the job or the frequency of performing it. Go over the recommendations with all employees performing the job. Their ideas about the hazards and proposed recommendations may be valuable. Be sure that they understand what they are required to do and the reasons for the changes in the job procedure. Revising the Job Hazard Analysis
OSHA recommends that the Job Hazard Analysis be reviewed and updated on a regular basis in three situations: • When an accident or injury occurs • When the job changes • Periodically
Don’t Forget These Employment Issues Some employment matters that influence the safety of your workplace should be considered as you evaluate hazards. They include: Drug and alcohol use. Clearly, being under the influence is very dangerous, especially when working on or with machinery, dangerous substances, or performing other dangerous activities. Employing minors. The federal government and many states have laws governing the employment of minors. These regulations often limit the number of hours that may be worked, what time of day, and the types of jobs that minors may perform. A word to the wise: No judge or magistrate is going to look favorably on an employer who allowed a minor to get injured. Employing temporary workers. When temporary workers arrive on your site, remember that all the rules apply to them. They must be trained before operating equipment, and they must be warned about hazards. Hosting third-party workers on your site. Similarly, third-party workers must be briefed on safety issues before they begin work. Working in shifts. Shiftwork has its own set of problems, not the least of which is fatigue—an enemy of safety. Make sure all shifts have proper supervision.
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In addition, it’s often difficult to schedule shift workers for training, safety meetings, and so on. But don’t neglect them just because they are on a midnight shift. They need training, briefings on new procedures, safety announcements, and their own complaint system. Another safety issue for shift workers is the “pass-off” between shifts. For example, briefing arriving workers about hazards, or about a lockout /tagout or a confined space entry in progress. Multiple worksites. This is another challenge—you can’t be everywhere at once. But it’s no excuse. Lean on your supervisors, and get around as often as you can.
Next Steps This chapter presented an overview of typical hazards and other factors that can lead to unsafe situations. The next chapter discusses the most common specific hazards found in the workplace.
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Look for These Specific Hazards The last chapter covered general approaches for identifying hazards. This chapter is about specific hazards that you may face. The chapter presents summary information about the most common hazards found in workplaces, along with brief information about OSHA’s requirements, if any, concerning them. Some of this material will apply to all employers—for example, fire prevention. Substantial parts of this section won’t apply to you at all. Use this chapter as a checklist to be sure that you recognize all the hazards your workplace presents. Suggestion: Skim through the entire chapter. That should alert you to what you need to check in your facilities. Then go back for some more detail and delve into the Appendices for practical assistance in the form of checklists and training outlines. We’ve grouped the hazards according to the following scheme: • Emergencies —Fire prevention and control —Emergencies and evacuations —First aid —Violence • Physical plant —Walking and working surfaces —Fall protection —Housekeeping —Aisles and passageways —Stairs and ladders —Scaffolding —Sanitation —Water supply
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•
• • • •
•
—Toilet facilities —Security —Environmental issues: ventilation, noise, radiation —Electrical —Machinery and machine guarding —Temporary labor camps Hazardous materials —13 carcinogens —Air contaminants —Asbestos —Compressed gases —Dipping and coating operations —Explosives and blasting agents —Flammable and combustible liquids —Spray finishing using flammable and combustible materials —Storage and handling of liquefied petroleum gases —Storage and handling of anhydrous ammonia Process safety management of highly hazardous chemicals Hazardous waste operations and emergency response Occupational exposure to hazardous chemicals in laboratories Personal protective equipment (PPE) —General protection —Written PPE program —Respiratory protection —Dress and grooming Hazardous processes/activities —Control of hazardous energy (lockout/tagout) —Permit-required confined spaces —Ergonomics—how people interact with environment —Hand and portable powered tools and other hand-held equipment —Materials handling and storage —Powered platforms, manlifts, and vehicle-mounted work platforms —Hot work—welding, cutting, and brazing —Driving —Commercial diving operations
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• Health issues —Heat and cold —Dermatitis and other skin problems —Stress management • Safety issues for specific types of workplaces —Office —Manufacturing —Maintenance —Retail —Medical facilities —Food service —Transportation —Schools, colleges • OSHA’s special industries rules —Pulp, paper, and paperboard mills —Textiles —Bakery equipment —Laundry machinery and operations —Sawmills —Pulpwood logging —Telecommunications —Grain handling facilities Here are details on the most common hazards found in the workplace.
Emergencies Preventing fires and dealing with other types of emergencies is the top safety priority for most organizations. All employers need to train employees on their roles in preventing emergencies, and on the actions to take in the event of an emergency. Fire Prevention and Control
Not surprisingly, OSHA has very specific requirements in this area. OSHA’s rules for fire protection provide detailed requirements for physical layouts, alarms, evacuation plans, fire prevention, fire brigades, and so on. These sections must be studied in detail and careful emergency plans and fire prevention plans made, communicated, and practiced. OSHA regulations require that all employers provide some sort of fire safety device for their facilities. The size and sophistication of the fire control equipment depends on the size of the facility and the materials that may be in use there. Furthermore, since no fire detection or firefighting equipment is of
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any use if it does not operate properly, the regulation provides for regular testing and maintenance of smoke detectors, alarms, sprinklers, hoses, portable extinguishers, and fixed extinguishers. OSHA requires that personnel responsible for maintaining most of this equipment be trained to provide such servicing.
Fire Brigades Employers may train and equip some employees to function as a fire brigade for control of small fires. If an employer chooses to assemble a special team of employees to handle fires, the employer must comply with the regulations for fire brigades. These regulations are very specific. There are specifications for personal protective equipment; annual training; and equipment maintenance requirements. The employer must also write a policy statement regarding the implementation of the fire brigade. Emergencies and Evacuations
Employers are responsible for ensuring that employees know what to do in an emergency and know how to evacuate the workplace if disaster strikes. OSHA’s emergency preparedness and response rules are among the most helpful and practical standards because they provide clear and concise guidance for preparing for emergency events. All employers in general industry must comply with OSHA’s emergency preparedness and response rules concerning exit routes, except mobile workplaces, such as vehicles or vessels. In addition, employers must comply with the requirements for employee emergency and fire prevention plans whenever a workplace activity or process covered by a specific OSHA standard requires such plans. Employers must also comply with OSHA rules that support and enhance emergency response efforts (e.g., medical services and first aid, personal protective equipment, and employee alarm systems).
An Emergency Plan Your first level of defense is to take measures to try to prevent disasters. Failing that, employers can take steps to minimize damage and injury or loss of life when a disaster occurs. A workplace emergency plan may cover natural disasters, fire, violent incidents, terrorist threats, robberies, bomb threats, and more. The plan should address: • Procedures for calling for outside help and who should do it • Procedures for getting medical assistance and who should do it • Escape procedures and routes • Safe places inside and outside for employees • Identification of personnel who will be called upon for communication, medical, rescue, escape, other duties • Identification of personnel who will stay in the facility to ensure an orderly shutdown, and their training • Training programs established for special personnel and training for all workers; emergency drills • Regular evaluation and updating actions • Assessment of procedure each time used (i.e., what went wrong, what went right) • Importance of not locking any exits from the inside ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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Bomb Threats Unfortunately, bomb threats are not uncommon these days—and while they are usually nothing more than talk, never ignore a bomb threat. Assume it is legitimate. If your workplace gets a bomb threat: • Evacuate. Evacuate the building just the way you would in case of a fire (evacuation should be well practiced). Executives should evacuate also. Get everybody far away from the threatened area. • Call the police. Give officials as much information as you can about the possible bomb or bombs and caller. Note on Liability in the Event of a Disaster Sooner or later every employer is likely to face a work emergency caused by power outage, hurricane, earthquake, tornado, flood, fire, riot, robbery, employee violence, explosion, toxic leak, bombing or other terrorist act. Of course, all employers want to protect their employees and their businesses. In addition, however, organizations and individual managers may face liability if they have not taken prudent steps to prepare for disasters. In general, liability depends on two issues: “foreseeability” and “negligence.” Was the disaster reasonably predictable? And did the employer take precautions to protect employees, customers, and the surrounding community? If there was foreseeability and precautions were not adequate, liability may be found. What Should you do About Disaster Planning? How should you go about disaster planning? If you don’t have a plan at all, follow the steps outlined in Appendix G to develop one. If you do have one, use the materials in the appendix as a guideline for evaluating and improving your plan. First Aid
Every organization needs some first aid capability. Depending upon the hazards in your workplace, and the distance from emergency help, you may need a substantial first aid program. OSHA has several requirements for first aid, including: • Ready availability. Employers must ensure the ready availability of medical personnel for advice on matters of health in the workplace. • Trained personnel. Unless there is a hospital, clinic, or infirmary for treating injured employees in close proximity (within 3 to 4 minutes for life-threatening emergencies and within 15 minutes for injuries that are other than life-threatening), the employer must ensure that one or more people in the workplace are adequately trained to provide first aid and that first-aid supplies are available. • Flushing facilities. Employers must make suitable facilities available for immediate quickdrenching or flushing of the body and eyes where employees may be exposed to corrosive material. Note: Failure to comply with this requirement is an often-cited violation by OSHA. • Bloodborne pathogens. In addition to standards that govern standard first-aid procedures in the workplace, OSHA has set strict guidelines for the handling of human blood (to prevent the spread of disease via bloodborne pathogens). In general, employers would be wise to treat all
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human blood as contagious. Any employee designated as a first-aid provider is also covered by the requirements of the OSHA’s bloodborne pathogens standard (29 CFR 1910.1030). (See the checklist and training guidelines for bloodborne pathogens under Subpart Z in Appendix F.)
First-Aid Kits • Contents. The contents of a first-aid kit will depend on the type of business and the kinds of injuries commonly experienced. OSHA recommends that generic first-aid kits described in the American National Standard Z308.1, “Minimum Requirements for Industrial Unit-Type First-aid Kits,” are suitable for most small, general industry worksites and offices. For larger or multi-operation worksites, employers should consult with a medical professional, the local fire/rescue department, or a local emergency room for advice on stocking first-aid kits appropriately. • Responsibility. Give one person responsibility for seeing that the necessary components are always in the first-aid kit, that what is used is immediately replaced, that the kit is organized and clean, and that it is always in the proper location. • Location. Inform employees about the location of the first-aid kit. It should be easily accessible. Additional First Aid Recommendations • Allergies. Maintain a list of employees’ allergies to specific medications. • Training. The American Red Cross and many municipal fire, ambulance, or police departments provide first-aid training to employers and employees. Let everyone in the organization know who the trained first-aid personnel are and make it clear that except in a dire emergency, these are the only people who should render first-aid assistance. Keep the list and the training up-to-date. • First-aid log. An employer should maintain a medical or first-aid log to ensure that every use of the first-aid kit is noted, including date, time, person receiving treatment, person giving treatment, what injury or symptom was treated, what treatment was given, and first-aid materials used. Forms for this purpose may be obtained from an insurance carrier, but any simple record is satisfactory. This record is in addition to the required OSHA log. • Outside contacts. Post the names and telephone numbers of off-site first aid contacts, both individuals and organizations such as fire departments and poison control centers. Recordkeeping for First Aid OSHA does not require employers to record injuries that only require first aid on OSHA injury and illness forms (OSHA Form 300 and 301 Incident Reports). First-aid treatments that are not considered medical treatment for OSHA injury reporting purposes include: • Ointments • Salves • Bandages (including elastic and butterfly) • Finger guards • Hot and cold therapies • Eye patches
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• • • •
Antiseptics Wraps Dressings Temporary immobilization devices (e.g., splints, slings, neck collars, back boards) for transporting accident victims • Removing foreign bodies from the eye using only irrigation or a cotton swab • Cleaning, flushing, or soaking skin surface wounds • Drilling a fingernail or toenail to relieve pressure • Nonprescription medications applied to minor injury Consider the following in preparing your first aid program:
‘Good Samaritan’ Protection Many state laws state that any person, including licensed physicians and surgeons, who in good faith provides emergency care or assistance without compensation at the place of an emergency or accident, is protected from liability for any civil damages for acts they may have performed (or omitted) in providing emergency care. You may want to check whether your state has such a law. Violence
Workplace violence is a hazard that is becoming an issue at more and more workplaces. Every organization should be thinking about its role in preventing violence. Many people believe violent incidents are “random” and that there is little to be done to prevent them. However, this is not true. Although nothing will stop all violence, there are steps that will prevent much of it, cut down on the number and severity of the incidents, and reduce the associated lawsuits, and psychologically diminish the impact of a tragedy on survivors of such an attack. OSHA doesn’t have a specific standard covering workplace violence. However, employers need to be aware that they are liable under the General Duty Clause of the OSH Act. This section of the OSH Act says: “Each employer shall furnish to each of his employees 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.”
Reducing Risk Consider these steps to prevent violence: • Make violence prevention a priority. Treat the violence issue at the same level you would use for sexual harassment, discrimination, or for employee theft and sabotage. Develop similar policies, practices, and training programs. • Start with hiring. Start preventing violence by keeping violent people off your employee rolls. It is not that hard or that expensive to do an extensive background and criminal records check, and there are many companies and many Internet sites that will help employers perform an employee check for earlier incidents of violence perhaps, or some other possible tell-tale signs. In most cases, it is OK not to hire an applicant with a history of violence or with violent tendencies. Furthermore, it is less risky from a legal standpoint to refuse to hire than to terminate at some point after hire.
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•
Zero tolerance. Every workplace, no matter how small, should have a policy outlawing violent behavior. Employers should not allow bullying, serious aggression (whether verbal or physical), threats, or serious horseplay. The policy statement should put employees on notice that they are subject to termination if they violate the policy. Many policies put employees on notice that all threats are taken as serious. The rules against such behavior must be enforced immediately, consistently, and seriously.
Are You in a Violence-Prone Business? Research from federal OSHA and the National Institute for Occupational Safety and Health (NIOSH) shows a number of factors that may increase a worker’s risk of being assaulted in the workplace. These factors include: • Routine contact with the public • Working alone or in small numbers • Exchanging money • Having a mobile workplace such as a taxicab or police cruiser • Delivering passengers, goods, or services • Working late or very early hours • Working in high crime areas • Guarding valuable property or possessions. Be Alert, but Not Too Alert Encourage workers to notice and identify behavior that is strange and perhaps alarming. This is not to say that employers should institute scapegoating, snooping, or profiling, but simply that employees should be told that if their common sense raises concerns about a co-worker’s odd or frightening behavior, they should tell their supervisor or the company doctor. Train supervisors to spot troubled employees. Obviously, supervisors must keep their eyes and ears open for threatening behavior or verbal threats directed at another employee. In addition, consider training HR staff and other supervisors in conflict resolution and nonviolent response to aggression. Take Advantage of Employee Assistance Programs Employee Assistance Programs (EAPs) can help prevent violence in a number of ways. • Individual problems. First, of course, they can help individuals with a variety of problems. If an employer is aware that an employee is in the midst of family problems or financial difficulties, offer EAP counseling. Ask about problems if they seem obvious. If the problems are hurting the employee’s performance, require counseling as part of a performance warning procedure. As gently as possible, but insistently, get the employee to EAP or to some form of counseling. • Group training and counseling. EAPs may also run programs on stress reduction, caregiving, or financial and retirement planning. • Statistical insights. EAP statistics may provide information on problems in certain departments, shifts, or job categories.
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When to Discipline or Terminate As soon as an employee shows extremely angry/aggressive behavior, or physically or verbally threatens to harm another employee, a supervisor, or the company, it is time for the employee to go. It is important to terminate the employee carefully and humanely. If a violent reaction is possible, consult your security team. Violence and the ADA An employee who commits a violent act may suffer from a mental impairment that may qualify as a disability under the Americans with Disabilities Act (ADA). But it is unlikely that the courts will support a disability discrimination complaint in these instances.
Physical Plant Many hazards don’t have to do with specific jobs—they’re part of the physical plant. Sometimes these are caused by design, but more often they are due to carelessness. Here are the most prevalent hazards. Walking and Working Surfaces
Perhaps the most commonly encountered hazards are those dealing with what OSHA calls walking and working surfaces. OSHA’s standard (also known as “slips, trips, and falls”) regulates most areas where employees may work or travel in the workplace including walking/working surfaces, ladders, wall and floor openings, aisles, and scaffolds. In addition, the rule covers general housekeeping. OSHA’s walking/working surfaces rules apply to all permanent workplaces, except where only domestic, mining, or agricultural work is performed. Slips, trips, and falls constitute a large proportion of general industry accidents, and account for 13 percent of all occupational fatalities. Particular areas of concern are:
Fall Protection Although OSHA does not have a specific general industry rule for fall protection like the one for construction (29 CFR 1926.500), the agency considers the rule that covers protection of open-sided floors, platforms, and runways (29 CFR 1910.23(c)), and the personal protective equipment rule, to serve as fall protection guidelines for general industry workplaces. Floor Openings All floor openings, including a stairway, ladderway, hatchway, chute, skylight, pit, and manhole must be guarded by fixed or removable railings, screens, or toeboards. Housekeeping Housekeeping is a very basic requirement. All areas where employees work or travel, even infrequently, must be kept clear of hazards. Every floor, work area, and passageway must be kept free from protruding nails, splinters, holes, or loose boards. These surfaces must be clean and free of hazards that could interfere with normal activities.
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Aisles and Passageways Where mechanical handling equipment is used, safe clearances must be allowed for aisles, at loading docks, through doorways, and wherever turns or passage must be made. Aisles and passageways must be kept clear and in good repair. Covers and Guardrails Covers or guardrails must also be used to protect employees. Floor loads Employers must not place a load on a floor or roof of a building or other structure that is greater than that approved by the building official. Wall Openings Every wall, window wall, and chute wall opening from which there is a drop of more than 4 feet must be guarded by one or more protection devices described in the rule. Every temporary wall opening must have adequate guards but these need not be of standard construction. Open-Sided Floors, Platforms, and Runways All open-sided floors, platforms, and runways must be guarded by a railing and, in certain cases, by a toeboard. Stairs and Ladders Specifications for fixed stairs and ladders, and portable wood and metal ladders, are thoroughly presented in these rules. Fixed ladders and stairs must be constructed according to OSHA specifications. If any ladders or stairs are altered, the changes must meet the requirements. Portable ladders also must meet safety specifications. Scaffolding The scaffolding rule establishes requirements for the construction, operation, maintenance, and use of scaffolds for the maintenance of buildings and structures. Mobile Ladder Stands The rule for manually propelled mobile ladder stands and scaffolds (towers) establishes requirements for the design, construction, and use of mobile work platforms (including ladder stands, but not aerial ladders) and rolling or mobile scaffolds (towers). Sanitation
Sanitation is another issue that concerns every workplace. OSHA sanitation rules cover general housekeeping with specific references to the following: Toilets, drinking water, toxic materials, wet processes, waste disposal, vermin control, nonpotable water, washing facilities, lavatories, showers, changing rooms, clothes-drying facilities, food consumption, eating areas, food storage, and food handling. The rules also addresses the basic necessities that employers must provide for employees in the workplace: potable water, toilets, washing facilities, and any other facilities that are required by a specific OSHA standard.
Housekeeping All places of employment must be kept clean and dry to the extent that the nature of the work allows. Drainage must be maintained where wet processes are used, and dry standing places such as false ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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floors, platforms, or mats should be provided or, if not practicable, appropriate waterproof footwear should be provided. Floors, working places, and passageways must be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings.
Waste Disposal Waste receptacles should not leak and should be kept clean and maintained in a sanitary condition. All sweepings, solid or liquid wastes, refuse, and garbage should be removed in such a manner and as often as necessary to avoid creating a health hazard and to maintain the workplace in a sanitary condition. Vermin Control All enclosed workplaces should be constructed, equipped, and maintained to prevent the entrance or harborage of rodents, insects, and other vermin. There should be a continuing and effective extermination program where their presence has been detected. Water Supply Potable water must be provided in all places of employment. Outlets for nonpotable water, such as water for industrial or firefighting purposes, must be posted or otherwise marked to clearly indicate that they are not safe for drinking; washing persons, cooking or eating utensils, food, food preparation or processing premises, personal service rooms, or clothes; food preparation; or cooking. Toilet Facilities Separate toilet facilities shall be provided for each sex in accordance with Table J-1 of 1910.141. Each toilet must be in a separate compartment with a door and walls or partitions between fixtures sufficiently high to assure privacy. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided. Lavatories Sinks with hot and cold running water must be provided in all workplaces. Soap and towels (paper, cloth, or warm air blowers) must also be provided. Showers Whenever showers are required by a particular standard, there should be one shower with hot and cold running water for each 10 employees of each sex. Soap and towels should also be provided. Change Rooms Whenever employees are required to wear protective clothing because of the possibility of contamination of toxic materials, changing rooms with storage for street clothes and separate storage for protective clothing should be provided. Clothes Drying Facilities Where working clothes are provided by the employer and become wet or are washed between shifts, provisions should be made to ensure that the clothes are dry before reuse. Consumption of Food and Beverages Food and beverages must not be consumed or stored in toilet rooms or any areas exposed to toxic materials. Receptacles for food waste must be provided and maintained in a sanitary condition.
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Food Handling Where provided, all employee food service facilities and operations must be carried out in accordance with sound hygiene principles. Security
For virtually every employer, security has become a more important issue in recent years. Each facility has different requirements, but here are some areas to focus on in evaluating or improving your security systems.
Assess Your Target Potential The first action employers should take is to thoroughly assess the kinds of crimes that are most likely to occur in their facilities. For example, a convenience store that stays open late at night faces robbery, sometimes with violence. If you’re a manufacturer, it could be theft of tools, ideas, or processes. Employers know their own workplace best and should take a careful inventory of where specific vulnerabilities lie. Anything can happen, but some events are more probable for some workplaces, other events more likely to happen to others. Here are some ideas to get you thinking. General Security • Have police numbers publicized and posted; be sure every employee knows whom to call in an emergency. • Designate certain employees to be in charge of security; make sure everyone knows their phone numbers and when to call. • Warn employees not to personally confront violent or forceful intruders, but to call security, the police, or the specially designated employees. • Develop instant communication and/or warning networks among HR, key personnel, and security. Use intercoms, alarms, or whatever is possible in your workplace. Outside Areas and Parking Lots Parking lots and grounds pose a major security risk. Consider the following: • Controlling entry; consider a guarded gate, or at least one that is always visible to employees inside • Providing active security and frequent patrols • Offering or mandating that security escort employees to their cars after hours • Fencing • Bright lighting Entry More and more employers are controlling entry to their facilities, using a variety of recognition systems. • Consider key card access systems at all entrances. • Issue ID cards with recent photos to all employees, and insist that they be worn. • In all but retail establishments, do not allow outside visitors into the workplace unescorted.
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• Ask all repair people, salespeople, or any other visitors for identification, even if they are •
wearing a uniform. In retail establishments late at night, do not let an employee work alone. Set up a silent alarm system connected to the police.
Background Checks Most employers have become more careful about background checks in recent years. It’s best to have standard procedures for all new hires. It’s much easier to weed out problems before people are hired than after they have started work. Be sure to do reference checks and background checks. This is usually accomplished by an outside firm that specializes in that work. Policy A security policy should be accomplished with thought and care—it is not an off-the-cuff item. Broadly, it should consist of: • Rules of behavior for all employees • Procedures to safeguard specific areas or activities, and general security • Procedures to follow if something happens (from a fight in the lunchroom to a violent, armed customer) • Emergency procedures Training It’s especially important that supervisors and managers be trained to deal with security and violence problems. Training should not be a superficial, one-shot session. Environmental Issues: Ventilation, Noise, Radiation
Industrial workplaces, by the nature of their operations, generate conditions that are beyond the limits safely tolerated by the human body. OSHA regulations address three specific areas of concern: ventilation, noise, and nonionizing radiation. The regulations are very specific in their coverage of the control measures required to control exposures and protect employees. The implementation of engineering controls and administrative programs is the principal means employers are given to comply with OSHA’s regulations.
Ventilation The regulations for ventilation are activity specific. They cover abrasive blasting, grinding, polishing and buffing operations, and spray finishing operations. The use of ventilation systems is stressed as the principal means to reduce the risk of exposure and flammable concentrations of vapors. There are design, construction, and maintenance requirements also. In certain situations where ventilation systems or physical arrangements cannot provide adequate protection, personal protective equipment (PPE) is required. See a detailed discussion of PPE later in this chapter, and find a checklist and training outline in Appendix F (under Subpart I.)
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Noise According to OSHA, approximately 30 million workers are exposed to hazardous noise in the workplace each year. The incidence of noise-induced hearing loss can be reduced or eliminated through the successful application of engineering and administrative controls and hearing conservation programs. Federal regulations are very specific in their coverage of the control measures required to control noise exposures and protect the hearing of employees. The implementation of engineering controls and administrative programs is the principal means employers have to comply with regulations. Engineering and administrative controls must be implemented before personal protective equipment (e.g., hearing protectors) is used. Employers that have workplace operations that produce harmful noise must institute several administrative programs to protect employees: a hearing conservation program, monitoring, audiometric testing program, and training program are required. Noise monitoring is used to determine employee exposure under the hearing conservation program. Control measures such as hearing protectors would be selected on the basis of the information gathered. Employee hearing is to be evaluated under an audiometric testing program detailed in the regulations. Employees are also to be provided with information and training related to the requirements of this standard. Employees must be provided access to certain information and records maintained by the employer. Personal hearing protection. Where required, employers must make hearing protectors available to all employees, at no cost to them. The employer must ensure proper initial fitting and supervise the correct use of all hearing protectors. The employer must evaluate hearing protector attenuation for the specific noise environments in which the protector will be used. Nonionizing Radiation OSHA also covers measures required to control exposure and protect employees from nonionizing radiation, for example, from radio frequency and microwaves. (OSHA also covers ionizing radiation in its Subpart Z.) These regulations cover everything from exposure monitoring to emergency actions. An employer must establish programs or procedures that describe personal monitoring, precautionary signs, emergency procedures and signals, and training, as well as recordkeeping and reporting to OSHA. Electrical
Electrical safety deals with the reliability and effective maintenance of electrical systems that can be achieved in part by careful planning and proper design and with safe work practices for persons exposed or potentially exposed to electrical hazards. OSHA’s electrical safety rules for general industry workplaces (29 CFR 1910, Subpart S) cover electrical safety requirements that are necessary for the practical safeguarding of employees in the workplace. It includes design safety standards for electric utilization systems (all electric equipment and installations used to provide electric power for workplaces) and safety-related work practices for both “qualified” (those who have a specific level of training) and “unqualified” (those who have little or no training) employees. Electrical equipment grounding, enclosing, covering, and guarding live parts, and conductors all have specific regulations pertaining to them. Flexible cords are another subject that is addressed by several regulations.
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Examination, Installation, and Use of Equipment Electrical equipment must be free from recognized hazards that are likely to cause death or serious physical harm to employees. Listed or labeled equipment must be used or installed in accordance with any instructions included in the listing or labeling. Additional concerns include splices, arcing parts, marking, and working space around electrical installations. Safe Work Practice Rules The electrical safe work practice rules cover work practices for both qualified persons (those who have training in avoiding the electrical hazards of working on or near exposed energized parts) and unqualified persons (those with little or no such training) working on, near, or with electrical installations. Personal Protection Safeguards Employees working in areas in which there are potential electrical hazards must be provided with, and must use, electrical protective equipment that is appropriate for the specific parts of the body to be protected and for the work to be performed. Risky Occupations OSHA has compiled the following list of typical occupational categories of employees who face a higher than normal risk of an electrical accident: • Blue collar-supervisors • Electrical and electronic engineers • Electrical and electronic equipment assemblers • Electrical and electronic technicians • Electricians • Industrial machine operators • Material-handling equipment operators • Mechanics and repairers • Painters • Riggers and roustabouts • Stationary engineers • Welders Machinery and Machine Guarding
Industry relies on machinery to do much of the work necessary to manufacture a product. Because most machinery is capable of changing the shape or size of a material, it is also capable of doing the same to parts of the human body. According to OSHA, any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact with it can injure the operator or others in the vicinity, the hazards must be either eliminated or controlled.
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One or more methods of machine guarding must be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are barrier guards, twohand tripping devices, and electronic safety devices.
Types of Machines OSHA rules address the safety requirements for many types of machines, including— • Woodworking machinery • Abrasive wheel machinery • Mills and calendars in the rubber and plastics industries • Mechanical power presses • Forging machines • Mechanical power-transmission apparatus OSHA Recommendations OSHA recommends that all guards: • Prevent workers’ hands, arms, and other body parts from making contact with dangerous moving parts. • Ensure that no object will fall into the moving parts. • Permit safe, comfortable, and relatively easy operation of the machine. • Allow the machine to be oiled without removing the guard. • Provide a system for shutting down the machinery before guards are removed. Manufacturer and Employer Responsibilities Because many OSHA machine-guarding rules are related to the design and construction of the machinery, it is up to the manufacturer to meet those specific requirements. Employers must ensure that the machines and equipment are maintained according to the manufacturers’ requirements and OSHA’s machine operating and inspection requirements. Temporary Labor Camps
OSHA has special rules for temporary labor camps, which contain specifications for sites, shelters, water supply, toilet facilities, laundry facilities, washing facilities, lighting, refuse disposal, feeding facilities, insect and rodent control, first aid, and communicable disease reporting. The site for a temporary labor camp must meet certain specifications, as must the shelter provided. There must be an adequate water supply and enough toilets for the camp at full capacity. Laundry, hand washing, bathing, and sewage-disposal facilities must all be provided, as well as sufficient lighting, the means for proper refuse disposal, and insect and rodent control. Where centralized dining facilities are provided, food-handling requirements must comply with Public Health Service specifications. First-aid treatment must be available for emergencies, and communicable diseases must be reported.
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Hazardous Materials Most workplaces use at least a few hazardous substances, while some use quite a few. OSHA has many rules governing handling hazardous materials and protection of employees from hazardous materials. The regulations also cover the management of hazards associated with processes using highly hazardous chemicals. They establish procedures for process safety management that will protect employees by preventing or minimizing the consequences of chemical accidents involving highly hazardous chemicals. A section on hazardous waste operations and emergency response regulates the safety and health of employees who are involved in clean-up operations at hazardous waste sites and persons who participate in emergency response. In addition, OSHA has rules for hazard communication, also knows as “Right to Know.” Here are some brief comments on each of these areas. 13 Carcinogens
OSHA designates a group of 13 hazardous chemicals,—carcinogens—that have similar management and training requirements. Organizations that use these materials must follow strict rules concerning personal protective equipment, decontamination procedures, and so on. The 13 chemicals are: • 4-Nitrobiphenyl • alpha-Naphthylamine • Methyl chloromethyl ether • 3,3’-Dichlorobenzidine (and its salts) • bis-Chloromethyl ether • beta-Naphthylamine • Benzidine • 4-Aminodiphenyl • Ethyleneimine • beta-Propiolactone • 2-Acetylaminofluorene • 4-Dimethylaminoazobenzene • N-Nitrosodimethylamine If you use any of these chemicals, you’ll be subject to these rules. Air Contaminants
OSHA lists air contaminants in three tables, the infamous Z Tables—Z-1, Z-2, and Z-3. These tables together contain close to 600 substances, and employee exposure to these substances is strictly limited. Both the concentration of the substance and the length of time an employee may be exposed to it are restricted, i.e., there are permissible exposure limits (PELs), ceiling limits, and 8-hour time weighted averages (TWAs) that must be complied with. If this cannot be accomplished using work
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practices or engineering controls, protective equipment must be provided to keep employee exposure within the prescribed limits. Mandatory training is associated with many of the sections of the regulation, and attention to this training is particularly important since the hazards are not always obvious to the untrained employee. Asbestos
This section deals with the hazards of working with asbestos and gives mandatory means of dealing with the hazards. Requirements include exposure monitoring, the establishment of regulated areas, rules for communicating hazards to employees, special housekeeping rules, and rules governing medical exams and recordkeeping. This is a heavy compliance material. If your employees are exposed to asbestos, take care to review the myriad requirements carefully. Compressed Gases
Activities involving compressed gases and cylinders must be in accordance with the Compressed Gas Association (CGA).
Covered gasses Specifically covered gasses include: • Acetylene. Acetylene is governed by CGA standards. • Hydrogen. Containers for both gaseous and liquefied hydrogen must comply with the specifications of either the American Society of Mechanical Engineers (ASME), the Department of Transportation (DOT), or the American Petroleum Institute (API). • Oxygen. This standard provides specifications for containers for bulk oxygen storage systems, locations of containers, safety relief devices, piping. • Nitrous Oxide. CGA standards are applicable. Compressed Air Receivers This section covers compressed air receivers and other equipment used to provide compressed air for cleaning, drilling, hoisting, and chipping. Of particular interest are gages and valves for compressed air receivers and the frequent testing of valves. Dipping and Coating Operations
OSHA regulates construction, ventilation, and exhaust requirements, first-aid procedures, hygiene facilities, inspection and maintenance procedures, and requirements for use of flammable and combustible liquids in dipping and coating operations. Explosives and Blasting Agents
OSHA issues requirements primarily concerning the storage and transportation of explosives and related materials such as blasting caps. Flammable and Combustible Liquids
Specifications are provided for storage tanks, piping systems, containers, underground tanks, aboveground tanks, portable tanks, industrial plants, bulk plants, service stations, processing plants, refineries, chemical plants, and similar enterprises.
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Spray Finishing Using Flammable and Combustible Materials
Specifications are provided for spray booths; flames and sparks in spray areas; ventilating systems; storage of flammable/combustible liquids; water sprinklers. Storage and Handling of Liquefied Petroleum Gases
Requirements include compliance with Department of Transportation (DOT) regulations; odorization; construction repair; storage specifications for containers; and specifications for service stations. Storage and Handling of Anhydrous Ammonia
This standard includes DOT and ANSI specifications for cylinders and requirements for farm vehicles.
Process Safety Management of Highly Hazardous Chemicals There is extra danger in processes that use large quantities of hazardous chemicals and other hazardous materials. For these situations, OSHA has developed a separate set of rules. Much of the regulation on process safety management is concerned with written documentation, including the following: • A written action plan concerning employee participation in the development of the process safety procedures. • A written compilation of process safety information. • An initial process hazard analysis if the processes you use involve highly hazardous chemicals. These chemicals are listed in Appendix A to §1910.119. • Written operating procedures for each process. You must train your employees in the possible hazards involved in these processes and in the proper operating procedures. • A pre-startup safety review for all new or modified facilities. • A written procedure for the maintenance of process equipment. • Written guidelines that address changes to process chemicals, technology, equipment, and procedures. You must investigate every incident that results in (or might have resulted in) a catastrophic release of highly hazardous chemicals in the workplace, and you must have in place an emergency action plan for your entire facility. You must make all pertinent information available to those persons who are responsible for compliance, disregarding the trade-secret status of that information. Finally, you must audit your own compliance program at least every 3 years to make sure that your processes and procedures are in compliance with the standard. Copies of the last two audits must be kept.
Hazardous Waste Operations and Emergency Response The handling of hazardous wastes has a separate set of rules called Hazardous Waste Operations and Emergency Response (HAZWOPER). Under the authority of Section 126 of the Superfund Amendments and Reauthorization Act of 1986, OSHA developed HAZWOPER workplace health and safety standards.
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Who Is Covered?
HAZWOPER standards cover employers with one or more employees and who engage in the following operations: • Cleanup required by federal, state, or local governments at uncontrolled hazardous waste sites where an accumulation of hazardous substances creates a threat to the health and safety of people or the environment • Corrective actions involving cleanup at Resource Conservation and Recovery Act (RCRA)regulated sites • Voluntary cleanup at government-recognized uncontrolled hazardous wastesites • Operations involving hazardous wastes at treatment, storage, and disposal facilities (TSDF) licensed under RCRA • Emergency response operations for release, or substantial threats of release, of hazardous substances Note: If the operation is not covered by the operations listed, it must comply with emergency response requirements only, including training. Essential HAZWOPER Components
HAZWOPER rules define and require compliance with the following components of a hazardous wastesite management program: • A written safety and health program • Site characterization and analysis • Site control • Training • Medical surveillance • Engineering controls, work practices, and personal protective equipment (PPE) • Monitoring • Informational programs • Material handling • Decontamination • Emergency response plan • Illumination • Sanitation • New technology program • Operations conducted under RCRA • Emergency response to releases
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Written Safety and Health Program
The required written safety and health program must be developed for operations and cleanup at a hazardous waste site and must incorporate the following seven elements: • Organizational structure • Comprehensive work plan • Site-Specific Safety and Health Plan (SSAHP) • Safety and health training • Medical surveillance • Standard operating procedures (SOP) for safety and health • Interface between general site conditions and site-specific activities The written program must be made available to all contractors, subcontractors, or their representatives, employees and their representatives, OSHA personnel, and personnel of any other government agency with regulatory authority at the worksite.
Occupational Exposure to Hazardous Chemicals in Laboratories Laboratories have different challenges than routine manufacturing operations, so there is a special rule governing lab employees’ exposure to hazardous chemicals if the exposure exceeds certain limits. The basis for this standard is a determination that laboratories typically differ from industrial operations in their use and handling of hazardous chemicals and that a different approach than that found in OSHA’s substance-specific health standards is warranted to protect workers. One of the most important features of this section is the Chemical Hygiene Plan. This paragraph states that employers in laboratories where there are hazardous chemicals present must develop a Chemical Hygiene Plan and carry out its provisions in order to protect their employees. If you have laboratory facilities, familiarize yourself with this regulation.
Personal Protective Equipment (PPE) As mentioned above, PPE is the last resort for protecting employees from hazards. Nevertheless, it is frequently the best available method. Not surprisingly, OSHA has detailed regulations concerning PPE. OSHA regulations cover PPE for eyes, face, head, and extremities; protective clothing, respiratory devices, and protective shields and barriers. Training on PPE use is particularly important, since this is an area where employees are likely to “forget” to wear their equipment unless carefully trained and monitored. OSHA requires employers to use PPE to reduce employee exposure to hazards when engineering and administrative controls are not feasible or effective. Employers are required to determine all exposures to hazards in the workplace and determine if PPE should be used to protect their workers. General Protection
PPE must be provided, used, and maintained in a sanitary and reliable condition wherever hazards exist in the workplace. The hazards of processes, chemical hazards, radiological hazards, or mechanical
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irritants capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact must be addressed by the use of PPE. Hazard Assessment
OSHA requires each employer to assess the workplace to determine if hazards are present, or are likely to be present, and necessitate the use of PPE. Every job in the workplace must be evaluated. The employer must certify in writing that the PPE hazard assessment has been performed. The written certification must identify: • The workplace evaluated • The date of the assessment • The person certifying that the evaluation has been performed • The hazards found • The PPE selected Employers must determine what types of PPE are appropriate for their workers and ensure that workers know how to use PPE items properly. The two basic objectives of any PPE program are to: • Protect the wearer from safety and health hazards, and • Prevent the wearer from being injured if there is a malfunction or he or she uses the equipment incorrectly. Defective PPE
The use of defective or damaged PPE is prohibited. Training
All employees required to wear PPE must be trained when and how to use it and demonstrate its use before performing work requiring the use of PPE. Payment for PPE
Employers are required to pay for PPE with the exception of non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site. When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, reimbursement is not required for the shoes or boots. The employer is also not required to pay for logging boots and everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen. The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged it. Employee-Owned Equipment
If employees choose to use their own PPE, the employer is responsible for its adequacy, maintenance, and sanitation. The employer does not have to provide reimbursement for such PPE but may not require that employees provide or pay for their own PPE.
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Written PPE Program for HAZWOPER
A written PPE program, which is part of the employer’s safety and health program and part of the site-specific safety and health plan, must be established by employers engaged in hazardous waste operations and emergency response. The PPE program must address: • Site hazards • PPE selection • PPE use • Work mission duration • PPE maintenance and storage • PPE decontamination • PPE training and proper fitting • PPE donning and doffing procedures • PPE inspection • PPE in-use monitoring • Evaluation of the effectiveness of the PPE program • Limitations during temperature extremes The program, including both the written program and implementation, must be reviewed annually. Respiratory Protection
Certain occupational diseases can be caused by breathing contaminated air in the workplace. Where engineering controls are not in place or are not feasible, appropriate respirators must be used by employees. In any workplaces in which respirators are required, the employer must establish a written respiratory protection program with specific procedures for all sites covered by it. That program must be updated as necessary to reflect changes in conditions and must be administered by a trained administrator. The program must ensure that: • Respirators are provided to all employees who need protection in the workplace. • All respirators are considered “applicable and suitable” for the intended purposes. • Training in the use of the respiratory equipment is provided. • Each employee understands how to use and uses the applicable respiratory protection. • Medical evaluations of employees required to use respirators are conducted. • Respirators are fit-tested. • Respirators must be cleaned, inspected, and disinfected in the proper manner. • If respiratory equipment is shared by more than one employee, the equipment must be disinfected before each use. If respirator use is not required in a workplace, the employer may still provide respirators to employees who want them or permit those workers to use their own. A copy of Appendix D of 1910.134 must be given to all employees who use respirators voluntarily.
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Dress and Grooming
Although dress and grooming are not exactly part of personal protective equipment, it is important to note that some dress and grooming habits can cause hazards, and supervisors must be on the lookout for these situations. For example: Loose clothing. Loose clothing and accessories like ties, sashes, and scarves are very hazardous when working near machinery. Once they catch in the machinery, they may drag the person into the machine. Long hair. Similarly, long hair can be a hazard. Employees with long hair who work near machinery should securely tie or pin the hair up, or cover the hair with a cap. Anything that interferes with PPE. Many other dress and grooming practices may interfere with the proper use of PPE, for example: • A beard may prevent a face mask from making a proper seal. • Earrings may prevent noise protection gear from fitting. • Supervisors must be trained to be careful when doing initial fitting and testing, and must be on the lookout to ensure that employees continue to use PPE effectively.
Hazardous Processes/Activities Sometimes, an activity itself can be hazardous. This next section presents the most important of hazards that deal with how employees work and how they perform particular tasks. OSHA has rules governing many of these processes and activities. Control of Hazardous Energy (Lockout/Tagout)
The purpose of the lockout/tagout rule is to prevent accidents from happening to employees who are servicing machines and equipment. The regulation calls for isolating energy-producing devices by attaching locks (lockout) to prevent the machine from being operated or tags (tagout) that warn people not to start up the machine. • Program. The employer must set up a program that includes energy-control procedures, employee training, and periodic inspections. Any machine or equipment that is to be serviced must have its energy source isolated so that the machine is made inoperable. If it is not possible to do this with a lockout device, a tagout system must be used. • Inspections. Employers must conduct inspections, at least annually, of the energy-control procedures to make sure that they are in compliance with all regulations. • Training. Employers must provide training such that employees acquire the knowledge and skills needed to apply, use, and remove the energy controls safely. • Personnel. All lockouts and tagouts must be performed by the employees who are going to service the machines. Employees who will be affected by a lockout or tagout must be notified before and after the controls are applied.
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Lockout/Tagout Compliance Requirements Some of the key parts of the procedure include:· • Before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, startup, or release of stored energy could occur and cause injury, the machine or equipment must be isolated from the energy source and rendered inoperative. • The employer must provide the appropriate protective materials and hardware for isolating, securing, or blocking of machines or equipment from energy sources. • Lockout/tagout devices must be singularly identified, used only for controlling energy, capable of withstanding the environment in which they are used, constructed so that they will not deteriorate or become illegible, and be standardized throughout the facility. • Lockout/tagout devices must be identified with the name of the employee who applied them. • Lockout/tagout procedures must be performed only by authorized employees. • Affected employees must be notified of the planned lockout or tagout. • An orderly shutdown must be performed. • The machine or equipment must be isolated from the energy source. • Lockout/tagout devices must be applied by authorized employees. • Stored energy must be removed from the machine. • The machine must be tested to ensure that isolation and de-energization have occurred. • Before lockout/tagout devices are removed and energy is restored, the work area must be inspected to make sure that all nonessential items have been removed, and that machine components are operationally intact, and that no employees are in a position to be injured. Training and Communication • Authorized employees must be trained to recognize and control hazardous energy sources. • Affected employees must be instructed in the purpose and use of the energy-control procedure. • All other employees must be trained never to try to start locked or tagged equipment, and never to remove or ignore lockout/tagout devices. Permit-Required Confined Spaces
Confined spaces are particularly dangerous. It’s very easy for a toxic atmosphere to develop. If your organization’s employees ever need to enter confined spaces, OSHA requires a comprehensive confined space entry program. A confined space is a space such as a tank, silo, hopper, or storage bin. In general, confined spaces are spaces that: • A person can enter to do work • Have limited or restricted means for entry and exit • Are not intended for continuous work
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Permit-Required Confined Space Program Key aspects of the program include: • Necessary measures must be implemented to prevent unauthorized entry. • Hazards of permit spaces must be identified and evaluated before employees enter the spaces. • Employees also have certain rights and must be provided with certain information about confined spaces. • Procedures and practices must be developed to ensure safe permit space entry operations. • A permit has to be obtained to enter a confined space and only those “authorized entrants” mentioned on the permit may enter. • Each authorized entrant must be provided with the opportunity to observe any monitoring or testing of permit spaces. • At least one attendant must be placed outside of a permit space for as long as entry operations take place, and there must be a communications system set up between the entrant and the attendant. • Rescue and emergency services must be developed and implemented. The permit space supervisor must know what local emergency rescue services to call should they be needed. • Should a dangerous situation arise, the entrants must be removed from the permit space by the retrieval system. The regulations also specify the duties of authorized entrants, attendants, and entry supervisors. Rescue and Emergency Services A designated rescue and emergency service must be evaluated to make sure that it can respond to a rescue summons in a timely manner, perform rescue tasks proficiently, is properly equipped, and can reach victims within a time frame appropriate for the permit space hazards. In addition: • Each rescue team must be informed of the hazards they may confront when called to perform rescue at the sight. • Employers must ensure that each member of the rescue team has successfully completed training in required rescue duties. Training Appropriate training must be provided to employees before they are first assigned duties, before their assigned duties are changed, and whenever there is a change in permit space operations that presents a hazard about which they have not previously been trained. Entry Permit Confined space entry permits must contain the following information: • Identification of permit space • Purpose of entry • Date and authorized duration of permit • Names of authorized entrants • Names of attendants
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• • • • • • • • •
Name of entry supervisor Hazards in the permit space Measures used to isolate permit space Means used to reduce hazards in permit space before entry Acceptable entry conditions. Results of tests. Available rescue and emergency services Communications procedures used between authorized entrants and attendants Equipment that must be provided
Sad Note, but an Important Warning A surprising number of confined space incidents result in two deaths—the entrant who gets in trouble and the buddy who goes in to try to rescue the entrant. Confined spaces are very dangerous; train everyone involved carefully and take seriously your obligations for rescue and retrieval. Ergonomics—How People Interact with Environment
Ergonomics has to do with the way employees physically interact with their equipment and their workspaces. Ergonomic injuries are most often repetitive motion injuries or musculoskeletal disorders (MSD). A great many ergonomic injuries involve carpal tunnel syndrome or back injuries. These injuries are often caused by job tasks that require • Repetitive, forceful exertions; • Frequent, heavy, or overhead lifts; • Awkward work positions; or • Use of vibrating equipment. If allowed to go on untreated, ergonomic injuries can require surgery and often mean that workers cannot do their jobs for long periods of time. Actions taken to reduce ergonomic injuries may include PPE, redesigned workstations, changes in the manner work is performed, or microbreaks. Many organizations report that their ergonomic efforts do reduce injuries, lost time, and workers’ compensation costs.
Legal Requirements OSHA does not have a standard governing ergonomic issues, although it would like to, and it does focus a lot of attention on these injuries. The Agency may cite employers for ergonomics injuries under the General Duty Clause. Some other entities have weighed in on ergonomics: • States. California has enacted safety laws and published ergonomic standards for employers. • ADA. The Americans with Disabilities Act requires employers to reasonably accommodate employees with disabilities. Redesigning workstations may be a reasonable accommodation. • FMLA. Employees with ergonomic injuries may be eligible for time off under the Family and Medical Leave Act or a similar state law.
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•
Workers’ compensation. Employees injured at work from repetitive motions may file for workers’ compensation. Often, employees discharged after filing such claims may be able to sue for discrimination or retaliation.
Symptoms Signs and symptoms of MSDs include: • Painful joints • Pain, tingling, cramping, or numbness in hands or feet • Shooting or stabbing pains in arms or legs • Swelling or inflammation • Burning sensations • Pain in wrists, shoulders, forearms, knees • Back or neck pain • Stiffness or decreased range of motion • Deformity • Decreased grip strength • Loss of muscle function that may result from exposure to risk factors Hand and Portable Powered Tools and Other Hand-Held Equipment
Most every workplace has portable power tools. Many of the tools are also commonly found in the home. Because many employees may be familiar with power tools, it is easy to assume they will be used safely. What is more likely to happen is a disregard of safety due to familiarity. Safety with these tools cannot be taken for granted. Accidents result in loss of fingers and other severe injuries to the employee. OSHA’s rules cover safety requirements for powered hand tools such as saws, belt sanders, grinders, pneumatic tools, and fastening tools that are explosive-actuated. Also covered are lawnmowers and jacks. As with other machines, safety should be designed into powered tools. The OSHA regulations include design specifications. The employer must assure that the tools are not modified or allowed to be used in any condition that would increase the risk of injury. Inspections and maintenance are the primary means of assuring safe use of the tools. OSHA also includes standard operating procedures for handling and operation of the tools. Materials Handling and Storage
Manufacturing usually requires the handling of heavy or bulky materials. Depending on their size and weight, the means available to handle them varies. Regardless of the means used, handling materials involves risk. For that reason, OSHA has chosen to regulate the way materials are handled. OSHA’s rules include regulations for powered trucks such as: • Forklifts • Cranes • Helicopters • Slings • Derricks ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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In addition, specific regulations cover the servicing of rim wheels for these vehicles. Common to most of the sections in this rule are requirements for standard operating procedures for equipment operations; personnel training and qualified person requirements; and requirements for maintenance and inspections. Because most industries use some type of powered industrial truck to move materials and products, this section is extremely important. Be award of limitations as to the use of these trucks. For example, only certain types of trucks can be operated in certain hazardous locations. It is very important to make sure that you are using the proper truck in the proper location. Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms
Many industries use platforms or lifts in their day-to-day operations. Because of the nature of this equipment, workers may work many feet above the ground. Besides the hazard of working at such heights, there is also concern that the equipment may contribute to the risk of falling or other injury. OSHA, in its regulations, has concentrated on defining safety requirements for the design, construction, installation, operation, maintenance, inspection, and use of these lifts and platforms. If these requirements are followed, workers will be able to complete their work without fear of the equipment malfunctioning. OSHA’s rules deal with three specific types of devices: powered platforms, manlifts, and vehicle-mounted platforms. The regulations include specific design requirements as well as safety requirements. Newly purchased equipment should meet these requirements. Your supplier should provide you verification. Of particular importance are requirements for: • Emergency communications. Employers are required to acquaint their employees with an emergency action plan so that in the event of an emergency, the employees will be able to protect themselves. • The use of safety belts and lifelines. Employee sometimes consider wearing this gear to be too much trouble, burt you must insist on it. • Equipment inspections. Daily inspections are necessary. Be sure that your procedures and guidelines cover these requirements. Hot Work—Welding, Cutting, and Brazing
Among the most common activities in industry are welding, cutting, and brazing. These jobs are often called “hot work” for obvious reasons. They are also among the most hazardous activities because of the many hazards associated with them. An employer who conducts welding and cutting activities should be very familiar with the OSHA’s requirements. Disregarding these regulations can result in fires, injuries to employees, and adverse health effects. Of particular concern are the regulations covering fire protection and personnel protection. Other regulations involve the design specifications for use of the equipment. Regulations on welding and related occupations deal primarily with the storage, handling, and conveyance of acetylene and oxygen. Employers should take particular care in preventing leakage of
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these chemicals from cylinders or hoses, and monitor the environment in which they are stored or used. Acetylene should not be stored in excessive temperatures or near combustible materials. The regulations also address safety procedures for: • Arc welding and cutting equipment, • Resistance welding equipment, • Fire prevention and protection, • Protective clothing for welding operators, and • Ventilation of the work area. Welders in confined spaces should have respiratory protection from air contaminants and trace metals. To help assure safe activities, systems are to be inspected and maintained according to the regulations. Operators must be trained, and only qualified persons are allowed to conduct maintenance activities.
Driving Driving is such a common activity that employers may be tempted to ignore it, assuming that all employees know how to drive safely, but that’s not wise. Employers should consider the following: • Defensive driving training • Inspections before starting out (tires, washer fluid, etc.) • Prohibitions against cell phone use while driving • Rules concerning fatigue and number of hours driven per day • A requirement to follow traffic laws • An admonition against alcohol or drugs • Mandatory seat belt use Commercial Diving Operations
Sections 1910.401 to 1910.441 Underwater work is extremely hazardous. Divers must depend on equipment and procedures to assure their safety, and the risk of death is great if any piece of equipment fails or the diver does not adhere to these procedures. The requirements established in this subpart are detailed because of the extremely hazardous nature of diving operations. The safety of divers depends on the diver, the equipment used, and the procedures implemented for the operation, and OSHA has regulations addressing each of these areas. Such things as the availability of a first aid manual, resuscitators, and emergency telephone numbers at the dive site are of major importance.
Health Issues Most health issues are covered elsewhere in this book, but here are a few that are not mentioned: Heat and Cold
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Dermatitis and Other Skin Problems
Skin disease is the most common on-the-job illness. Some skin problems are simply minor irritations that go away quickly. Others are long-lasting and may even get worse if an employee becomes sensitized to a particular substance and can no longer go near it.
Skin Hazards There are a number of possible skin hazards on the job. • Dermatitis is the name for rashes, itching, swelling, and other irritations that can develop from exposure to substances ranging from chemicals to paint. • Sensitization is what we call the allergy-like reactions, including rashes, that employees experience whenever they are in the vicinity of a chemical following frequent or long exposure. • Skin can be burned by a flame, hot surface, electrical exposure, or exposure to a corrosive substance. • Cuts, bruises, and other wounds from tools or flying objects can let bacteria in to the skin and lead to infections. • Frostbite is an example of a skin problem that results from exposure to cold. OSHA Regulations OSHA’s main regulation that applies to skin protection is the Hazard Communication Standard, which requires you to inform employees about the possible health hazards of the substances with which they work and what protective actions to take against those hazards. And, of course, the General Duty Clause applies. There are also regulations requiring protective equipment when working with specific substances. Identifying Hazards The quickest way to discover if a substance has the potential to cause skin irritation, skin burns, or other reactions is to read its label and material safety data sheet (MSDS). Most other skin hazard identification is common sense. If you’re working on a hot job or near hot equipment, you can safely assume there’s a burn hazard. If the job situation involves very low temperatures, you have to protect your skin against cold. If you’re working with sharp objects or on a job where materials could hit your hand or other parts of your body, you need some kind of protection against cuts or bruises. Protection Against Hazards Be sure to select equipment that’s designed to protect against the specific hazard your employees face. A glove that will protect against one kind of hazardous substance might be eaten away by another. Similarly, a glove designed for protection against chemical exposure would probably be useless as protection against heat. Train employees to inspect protective gear carefully before use; any rips or holes should be fixed before wearing. Also provide instructions for removing protective clothing and be sure that chemical-protective clothing and gloves are rinsed and cleaned thoroughly before they’re put away. Try to use the least hazardous substance that will do the job. For example, you may be able to use water-based cleaners instead of solvents for some applications.
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Other Skin Protection Tips When you do use hazardous substances, follow these guidelines: • Follow instructions for handling, storage, and transport. • Keep chemical containers closed when not in use. • Use substances only in areas where there’s good ventilation. • Bandage any small scrapes or cuts before putting on gloves or protective clothing. • In some situations, protective creams and lotions may be used to create a barrier to skin disease. Stress Management
More and more employers are paying attention to stress as a significant problem in the workplace. It can have a major impact on individual productivity and can affect the pleasantness of the work environment. In addition, workplace stress management, particularly in these times of massive reorganizations and reduced staffing, may be pivotal to successfully keeping violence at bay. NIOSH and a number of other groups have studied stress at work and ways to reduce it. The agency notes that while working conditions play a primary role in causing job stress, individual factors, such as caring for an ill parent, can intensify the effects of stressful working conditions. Anecdotal evidence from a variety of sources suggests the need to treat employees with respect, in all actions, especially with regard to disciplinary measures such as discharge. Angry workers often mention that they feel they have not been treated with respect. OSHA does not specifically regulate stress.
Safety Issues for Specific Types of Workplaces Sometimes it is easier to look at safety from the viewpoint of the type of workplace rather than the type of hazard. Here are many of the most common workplaces and the typical hazards that may be associated with them. Office
People often think that offices don’t have hazards, but they do, and they need to be addressed. Consider the following: • Electric. With the proliferation of electronics, computers, monitors, printers, modems, and accessories, it’s not unusual for a worksite to have strips of receptacles plugged into more strips. This is, of course, an electrical hazard, and the cords may present a tripping hazard. • Passages, exits. As materials accumulate, it’s often the case that employees get careless about keeping exits and passageways clear. With increased security, there is also a possibility of doors being locked. • Housekeeping and cleanliness. Failure to sanitize work and food preparation areas can help spread illnesses. • Tripping and falling. Slips and falls are typically caused by wet floors, open drawers, using boxes and swivel chairs for ladders, etc. • Air quality. Many offices have closed ventilation systems.
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• Ergonomics. A lot of carpal tunnel problems and similar aches and pains come from sitting •
positions and keyboard and screen issues. Stress. Don’t forget stress, in these days of everyone expected to do more with less time.
Manufacturing
The safety issues for manufacturers are covered above in the sections on hazards in the workplace. Maintenance
Maintenance workers are often exposed to many more hazards than employees who work all day in one place. For example: • Hazardous substances. Cleaning and lubricating often involve the use of hazardous substances. Workers must be aware of storage, handling, and disposal practices. • Lockout/tagout. Many maintenance functions demand lockout/tagout of machinery before doing the work. Be attentive to the pressure to try to perform the maintenance without locking out the equipment. • Clearing jams. These are always difficult challenges, because productivity is halted. Again, be aware of lockout requirements. • Putting it off. If maintenance is done during normal work hours, supervisors may try to put it off. Don’t let maintenance get behind. Retail
Retail seems a safe operation, but several aspects can be dangerous. For example: • Warehousing. Make sure employees are trained in the use of materials handling equipment. Train to avoid high stacking. Be wary of cardboard-crushing equipment. • Violence. Some retail establishments are prone to robbery. • Shoplifters. Train employees in how to deal with shoplifting. Medical Facilities
Sharps and bloodborne pathogens are some of the most obvious problems. Other safety challenges include: • Oxygen and other gasses. As mentioned above, special rules govern the management of these substances. • Controlled substances. Many medical facilities maintain stocks of controlled substances. Employees who work with them regularly may not be as careful as they should be. Supervisors must be aware of security requirements, and the possibility of theft—and use—by employees. • Lifting and back stress. Employees with patient care responsibilities are often put in a position of trying to lift a patient without help. Lay down strict rules about these situations. Food Service
Food service workers encounter their own set of hazards. • Hot food, hot stoves, hot cooking gear. Employees often work around hot items in often crowded conditions, and often in a hurry.
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• Slips trips, and falls. These hazards are particularly prevalent in food services facilities because • •
floors are likely to be slippery. Knives. Food preparation tools are often sharp, and again, chefs are often in a hurry. Machinery. Large mixing machines and other food prep equipment can be dangerous, especially if used by distracted employees.
Transportation
Transportation employers should be concerned about the following issues: • Driving within the laws • Fatigue from long hauls • Drugs and alcohol • Cell phones Schools, Colleges
In school and university settings, there’s clearly an extra pressure to take care of hazardous situations quickly and to be extra careful concerning basic issues such as: • Fire protection • Housekeeping • Security • Violence prevention
OSHA’s Special Industries Rules OSHA has identified several industries for which it has developed special rules. These industries tend to use highly specialized tools and procedures that present unique safety problems. These industries carry the ever-present risk of accidents involving loss of appendages, electrocutions, and explosions. Take baking, for example: The hazard of inhaling flour in bakeries has added another peril to an industry that runs on ovens, mixers, cutters, and rollers. The industries are: • Pulp, paper, and paperboard mills • Textiles • Bakery equipment • Laundry machinery and operations • Sawmills • Logging operations • Telecommunications • Electric power generation, transmission, and distribution • Grain handling facilities
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If you are in one of these industry groups, you’ll have this extra set of regulations with which to comply.
Next Steps By now you have looked at many records, you’ve conducted physical inspections and done hazard analyses of individual jobs. And you’ve reviewed the long list of potential hazards to see which ones are present in your facilities. Of course, identifying the hazards is only the beginning. The next step is to work out a plan to eliminate or control the hazards you’ve identified.
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Eliminate or Control Hazards Once you have identified the hazards, the obvious next step is to eliminate them or protect employees from them. If your inspections have uncovered a large number of hazards, you may need to find a way to rank them according to how immediate the threat is. Here is guidance on how to go about eliminating or correcting hazards.
Preferred Solution: Eliminate the Hazard Eliminating the hazard is generally preferable to using protective measures. Safetywise, it’s always preferable, but other factors, such as cost and practicability, may mean that it’s not feasible. Consider the following possibilities for eliminating hazards. Move the Problem Up the Pipeline
Often you may eliminate a hazard by working with a supplier. For example: • Have the vendor do a trimming operation or cut to size before material is sent to your facility. • See if your vendor can supply a less toxic raw material. • Specify safety features on machinery when it is ordered. Use Engineering Controls
Engineering controls are the next level of protection. Engineering controls manage the problem onsite without the need for personal protective equipment. For example: • Use a soundproof enclosure or a muffler, or install sound treatment on ceilings or walls, to eliminate a noise hazard. • Change a production step from a hand operation to an automated one. • Physically isolate the hazard, for example, by building a cage around a piece of machinery. • Install a power lifting device to avoid ergonomic problems. • Use machine mounted “hands away” systems such as a double activation switch that must be operated by both hands.
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Try Administrative Controls
Sometimes a hazard may be eliminated through administrative means. For example, if there is a hazard related to exposure to a certain situation for more than 6 hours a day, rotate employees in and out of that work situation so that no one employee is subjected to the hazardous situation for that long.
Protect with PPE If other techniques for controlling a hazard are not possible or not feasible, then protective equipment is the next best solution. It’s not as good a solution as the others because it requires the employee’s cooperation to make it work, and employees often don’t follow the rules. Why? Because PPE is often viewed as uncomfortable, it makes it hard to see or manipulate objects, and it interferes with communication. So whenever PPE is involved, there is a supervision component and a training component to consider. See Subpart I in Appendix F for a checklist and training guidelines for PPE.
Deal with Behavioral Hazards Behavioral hazards, such as the employee who won’t wear PPE, and the fork truck driver who tries to set lifting records, have a different set of solutions. Why Was Procedure Not Followed?
First of all, when there is a behavioral problem, ask the employee, Is there a reason why the proper procedure was not followed? Sometimes, it’s just laziness, but often, the employee has a good workrelated reason for not following a procedure—a reason that you can deal with. For example, perhaps following the rules requires a long trip to the far end of the facility and it takes so long that the employees can’t meet the daily production quota if they follow the rules. Or perhaps a group of employees won’t wear hearing protection because when they wear it they can’t hear each other, and they have to talk to run their operation. These types of reasons call for a change in the procedure, rather than more training and discipline. Training
Training is always the first, and a continuing, element. Counseling
Counseling comes next, along with retraining, if employees do not use required PPE or they tend not to follow rules. Discipline
If counseling does not work, discipline must follow, up to and including dismissal. Supervisors must know that they cannot ignore safety violations. They must consistently enforce safety rules.
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Mandate Start-Up and Daily Inspections Another step toward identifying hazards is the before-the-shift-starts inspection. Particularly with machinery and vehicles, this is important. Each workstation should follow a daily checklist so anything that’s going out of balance or loose can be adjusted immediately, before it causes a problem.
Recognize the Role of Maintenance in Hazard Control Maintenance is another important part of controlling hazards, and it’s easily overlooked. Often equipment that starts out safe, becomes less so as time goes on. The results of forgotten maintenance—for instance, dull blades, parts out of alignment, loose belts, lack of lubrication—all bring safety problems. Poorly maintained machines are also more likely to jam, a dangerous situation, and you’ll also probably ruin a lot more raw material. Maintenance is another situation in which the urge for productivity may overshadow the need for maintenance. Establish regular maintenance schedules and ensure that they are followed.
Develop Policies and Procedures Policies, rules, and standard operating procedures help to promote safe behaviors. In many cases, a hazardous task can be made safe by using a standard procedure. Employers working with employees, and perhaps with outside experts, should develop these routines for hazardous tasks. Policies, Rules, Procedures, Programs, Handbooks
Before we go on, we should define some terms that are often confused. Here’s how we distinguish between policies, rules, procedures, programs, and handbooks: • Policies. A policy is a general guide to an organization’s philosophy on action and decisionmaking designed to assure consistency and fairness within the framework of an organization’s objectives and philosophy. A policy may be very general—for example, a policy calling for “safety first” in all activities; or it may be more specific—for example, a policy on accident reporting, lockout/tagout, or first aid. More specific policies often contain procedures and rules. • Rules. Rules are specific statements about what behavior is allowed (or not allowed) in a given set of circumstances. A rule might state that safety goggles must be worn to operate a certain piece of equipment. Rules may be incorporated into policies, procedures, manuals, or handbooks. • Procedures. A procedure is a sequence of steps or a method for accomplishing an end result. A procedure may consist of a series of steps or rules. For example, a procedure might detail the steps for moving a substance from one storage container into another. • Programs. The term program is used to indicate the entire set of activities in the organization that involve safety. A program might include training, incentive programs, safety meetings, posters, and many other actions. • Manuals and handbooks. A handbook is a written document that presents the most important parts of all the items above. It usually contains the general safety information that most employees need to know rather than the specific rules that lathe operators, for example, would need to know.
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Developing policies A few words of caution for those developing policies and procedures: • Updating. Procedures can easily get out of date as materials and equipment change. You must have a system for keeping them up to date. • Enforcement. Systems are meaningless unless employees follow them. Supervisors must be attentive and make sure employees are not taking shortcuts or otherwise circumventing established procedures. Model policies This book presents a substantial collection of sample policies in Appendix D: Along with the policies are discussions of considerations and points to cover.
Consider a Safety Handbook Many organizations have found that a helpful tool in controlling hazards is their safety manual or safety handbook. Why Have a Safety Handbook?
In most organizations, the handbook has several roles. The primary role is to present safety rules, procedures, and standards of conduct. The role of the safety handbook often goes farther than this, however. In most cases, it also: • Serves as an indication of the importance the organization gives to safety. • Assists employees to remember and understand your safety regulations and procedures. • Gives a clear indication to outsiders—judges, juries, agency representatives, and contract workers—that you take safety seriously. • Shows that your employees knew of your rules, or should have known of them. • Provides a clear reference if you must discipline—here’s the rule, you knew about it, you broke it. Do You Need a Handbook?
Be completely sure you know why you’re publishing a safety handbook before you proceed with choosing topics, writing copy, and designing and producing your handbook. Here are the most important uses—the whys—of the handbook: • Present information. Presenting information is perhaps the most obvious and most basic purpose that handbooks serve. As we’ll see, the kinds of information presented can vary widely, as can the depth of the treatment of each area. Adapt the handbook specifically to your organization’s needs. • Make employees feel safe. A safety handbook lets employees know that you care about their safety and makes them feel safer about what they are doing. Handbooks are often taken home by employees, and this results in further reinforcement with the employee’s family of your organization’s interest in safety.
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• Stress the importance of safety. As mentioned above, a lot of the safety job consists of • •
•
convincing your employees to act safely. The handbook will help stress that behavior and reinforce it. Save you time. Not only will you spend less time handling accidental emergencies and filling out forms, but you’ll also save the time that’s usually taken up by questions about safety. Boost morale. Morale generally improves in a safety-conscious facility. Workers feel positive about management’s concerns over safety. They know that unsafe work practices will not be allowed. When people know the rules, they can more easily see that discipline, if it is necessary, is fair. Meet legal and procedural needs. Finally, the handbook meets certain legal and procedural requirements for your organization. The handbook provides a written record that the employees know what the rules and policies are. This can be very important if you are subject to suits or complaints about issues covered in your handbook.
What Should You Put in Your Handbook? What should be included in your organization’s safety manual? The answer is different for every organization—each has a unique combination of hazards circumstances. Therefore, no two safety handbooks are the same. Here are some points to consider: • Volume of material. Beware of trying to include too much. Beyond a certain point, using a manual can become frustrating or seem like “too much trouble” to read or consult. • Ease of explaining or understanding. Some items may be so complex that you will decide that you shouldn’t include them in your handbook. In such a case, you might prefer to include a summary statement that refers the reader to the right source, for instance, an appropriate technical manual. Gauge your handbook material to the levels of reading and comprehension of your target audience. • Frequency of change. Another thing to consider is how often the information changes. If changes are frequent, you may want to include only general statements in the handbook that tell employees where to go for up-to-date information. • Number of employees to whom it applies. If a safety rule applies to only a few employees, its inclusion in the handbook may confuse them rather than clarify the issue. Try to cover only topics that apply to a majority of employees. • Legal issues. Although most organizations would like to think of safety as a employee-oriented issue, the facts are that in today’s society legal problems can cause great difficulties. More often than not, the onus is on the employer to ensure safe behavior. The handbook is part of your overall statement about safe work conditions and practices. It shows the importance that you attach to safety, and it shows that employees have access to safety knowledge. So the handbook goes a long way to help show your good faith in encouraging safe behavior in your workplace. Typical Problems with Handbooks • Changes not recorded. A most difficult problem is to ensure frequent updates of any material that changes. The original creation of a safety handbook is a project that everyone will support
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•
and encourage, but it is not as easy to find time and support for keeping it up-to-date. As an aid, on the inside back cover list the number of copies printed and the date of the printing. Not specific. Be as firm and definite as you need to be. Avoid phrases such as “Employees are encouraged to wear eye protection in the plant area.” Be emphatic. For instance, “All employees will wear approved eye protection when entering the plant” leaves little room for misinterpretation.
Weigh the Benefits of an On-Site Medical Facility For sites in which it is appropriate, OSHA suggests that a medical program that includes first aid onsite as well as nearby physician and emergency medical care will help to reduce the risks associated with any injury or illness that occurs.
Next Steps You’ve identified the hazards and developed ways to eliminate or control them. Next, you need to train employees in their roles.
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Chapter 8
Train All Employees, Supervisors, and Managers Once the systems are in place to allow for a safe work environment, the next step is to train employees in how to work safely. In each organization, the content of the training and the extent of the training will depend on the nature of the work to be performed. OSHA mandates training for many types of hazards and for many types of situations. In addition, there are a number of areas in which OSHA does not specifically mandate training, but sensible safety practice requires it. To help you understand these requirements, this book presents several resources. • This chapter. Immediately below are discussions of general safety training considerations, OSHA’s Hazard Communication Standard, and OSHA’s Voluntary Guidelines for developing training. • Appendix E. In Appendix E you will find a master training guide. • Appendix F. In Appendix F you will find a discussion of training requirements and training recommendations for many of the most common hazards and hazardous situations.
Cope with Training Challenges Many of the techniques of safety and health training are just like any other kind of training, but there are several key characteristics that make safety training a special challenge. • Job analysis is critical. Most trainers recommend a “needs analysis” before any training, but with safety and health training this is particularly important. Careful attention must be paid to finding out just what the employee’s duties are, and just what hazards are involved in performing the job—not only in the regular routine, but also what might happen if the job is not performed safely. • Careful evaluation and testing is necessary. After training is completed, you must check to see employees learned their lessons. You can’t take a chance that a serious accident will occur just because you failed to train properly or because an employee didn’t understand.
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• Ongoing evaluation and motivation make it work. Just as important as being sure that your •
people learned the lesson is being sure that they are putting it into practice every time they perform the job. Some forces work against safety. There are some natural pressures or forces in most work places that push employees toward unsafe behavior. The most prevalent of these is pressure for production. The safe way to do a job is often not the quickest one. (Until there’s a lost-time injury, that is.) Responsible managers know that sacrificing safety for speed is never the right decision—nor, in the long run, is it the most productive. Other negative forces include employee lack of interest, perhaps better described as “lack of motivation,” lack of correct training, and distractions from the job.
Deal with Training a Diverse Workforce
You’re proud of your training you’ve just delivered, only to discover that many of the attendees don’t speak English. Or you hand out a new policy, only to discover that many of your employees don’t read. Or maybe one is hearing impaired or blind. These issues are real, but they are not an excuse—you have to train, no matter what the language or literacy barriers. What can you do? Here are some tips. • Speak slowly and clearly. Use simple words and short sentences. This helps those whose command of English is limited, and also makes it easier for lip-readers to understand. One example: more of the audience will understand “may cause cancer” than “carcinogenic.” • Use posters, videos, and other visual aids. These techniques are much more easily understood by a broader range of audience members. • Demonstrate, demonstrate. Many safety procedures are easily demonstrated. For example, putting on PPE or performing a lockout of a piece of equipment. When many languages are present, you have a difficult challenge. To some extent you may be able to get materials translated, but that gets expensive. Perhaps you have an employee fluent in English and the other languages. That person may be able to help in preparing and delivering training. Supervisory Training Tips
Supervisors may be reluctant to step up to be trainers, but it’s part of their job—they’ve got to do it. Supervisors should be trained to understand the key role they play in job site safety. They need special training to enable them to carry out their safety and health responsibilities effectively. Training programs for supervisors should include the following topics: • How to analyze the work under their supervision to anticipate and identify potential hazards. • How to maintain physical protection in their work areas. • How to reinforce employee training on the nature of potential hazards in their work and on needed protective measures through continual performance feedback and, if necessary, through enforcement of safe work practices. • That their safety and health responsibilities are broader than those of workers. Supervisors must be aware of safety requirements, be swift in enforcing, be alert to new hazards, and take action.
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Documenting Training
All training should be carefully documented. It can be a challenge, as much safety training isn’t conducted in a clean classroom where it’s easy to maintain records. Don’t neglect documentation. First of all, you want to be sure that each employee has received required training and that you know when it happened so you can schedule follow-up or refresher training at an appropriate interval. In addition, if there is ever an issue of liability, you want to be able to prove that employees had training. Your documentation should include dates, time, topic, brief description of the training, who delivered the training, and who attended. Train After a Change in Equipment or Procedures
The workplace is constantly changing, and the training has to follow. Training is usually necessary whenever new equipment is installed, when existing equipment is upgraded or changed, or when procedures change. Never assume that employees will know what to do and what new hazards they face in these situations.
Conduct Orientation Training All employers should have some sort of immediate basic safety training. Naturally, this will be different for employees in a New York high-rise, and a Midwest grain storage facility. Tailor your training to what your employees face. An important reason for early training: Statistics show that workers are most susceptible to injuries during their first month on the job. Typical Orientation Safety Topics
Safe practices and hazards in the new employee’s immediate work area. What to do in case of a fire. What to do if there is an accident or injury. How to report emergencies. How to report accidents and near misses. How to report a workers’ compensation injury and file a claim. Location of material safety data sheets (MSDSs). How to care for and use PPE. How to use tools and machinery and how to perform hazardous processes. Housekeeping and personal cleanup rules. Location of emergency equipment, first-aid supplies, designated smoking areas.
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Warnings About Unsuspected Hazards
It is particularly important to train new employees in hazards that are not apparent. For example: • Grain and sawdust storage. New employees have to know not to walk on top of grain as it tends to “dome,” leaving a large open space under the surface. An unsuspecting first-day worker could fall through and suffocate. • Machinery. Many types of machinery have places where it looks safe to reach in or to touch some part, but at certain times during the process this is dangerous. • Intermittent actions. Some machinery stops and appears to be off, but it’s not, and can activate at any moment. Naturally you have to figure out the specific hazards presented by your workplace, and develop orientation training to address those hazards. Specifications for Accident Prevention Signs and Tags
OSHA mandates signs for various purposes, and regulates sign design, the wording on signs, and accident prevention tags. Employees need early training to understand the color schemes of safety signs and tags. Although red is generally associated with danger in nearly everyone’s mind, the warning intended by the use of other colors may not be obvious to all workers. It is important to take the time to teach employees what the different colors you use in your color-coding system mean in terms of the hazards and level of danger they may face. It is equally important to be sure that your safety orientation program for new employees covers your color-coding system and that all new employees become thoroughly familiar with the system during their first few days on the job. • Red = Danger. OSHA recommends danger signs or tags be red or predominantly red, with lettering or symbols in a contrasting color (usually white against the red background). Red is also used for fire apparatus and equipment, safety containers for flammables, and safety devices such as switches for emergency stopping of machinery, stop bars, and buttons. • Yellow = Caution. These signs and tags are all yellow, or predominantly yellow, with lettering or symbols in a contrasting color (usually black). Yellow is often used for physical dangers such as slipping, tripping, falling, striking against, and pinch hazards. • Orange = Warning. Orange, or predominantly orange, signs and tags generally have black lettering or symbols. Orange is often used for potentially dangerous parts of machinery or equipment that may cut, crush, shock, or otherwise injure a person. • Florescent Orange or Orange-Red = Biological Hazard. These signs and tags have lettering or symbols in a contrasting color (usually black). This color designates infectious agents and wastes that pose a risk of death, injury, or illness. • Green = Safety Instructions. These signs usually have white lettering against the green background. Some part of the sign may also contain black lettering against a white background. Green is used to designate first-aid equipment, emergency eye wash stations, and so forth. • Florescent yellow-orange triangle with a dark red reflective border = Slow-moving vehicle triangle.
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Let’s Get to It
Supervisors—understandably—are going to want to get a new employee productive as soon as possible. There’s probably a backlog of work if someone’s been missing, and supervisors know the new worker won’t be as fast as the others for a while. So the tendency is to short-change the initial safety training. Don’t let it happen.
Implement OSHA’s Hazard Communication Standard OSHA has promulgated a hazard communication standard (HazCom) that applies to hazardous chemicals. This is a broad requirement with which you must be familiar. Here is an outline of the requirements of HazCom. • HazCom applies to almost every organization and employer covered by OSHA regulations. • HazCom applies to any chemical in the workplace to which employees would normally be exposed under normal conditions or in a foreseeable emergency. Foreseeable emergencies include control equipment failures and ruptures in containers but do not include chemical releases resulting from accidental fires. HazCom covers both physical hazards (such as flammability) and health hazards (such as irritation, lung damage, and cancer). Most chemicals used in the workplace have some hazard potential, and thus are covered by the rule. • HazCom requires all employers that manufacture, import, distribute, or otherwise use hazardous substances to transmit the information about hazards to employees who work with those substances through a written hazard communication program, labels, MSDSs, and an employee information and training program. “Use” in this context means to package, handle, react (such as introduce into a process), or transfer. Special Rules
• Conditions for exempting employees. Employees who handle hazardous substances in non-
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routine, isolated instances are not covered for those chemicals. The instance of an office employee who periodically changes the toner in a copying machine would not need information or training under HazCom for the toner. Laboratories. Laboratories and work operations where workers only handle chemicals in sealed containers (marine cargo areas and warehouses) are not required to maintain a written hazard communication program. They must, however, still follow HazCom requirements for container or package labeling, availability of MSDSs, and provide information and training to employees concerning chemical substances.
Exempt Chemicals
Hazardous wastes are exempt from the standard because there are special requirements for hazardous waste workers. Other exempt products are those subject to labeling of FIFRA, TSCA, the Federal Food, Drug, and Cosmetic Act, and the Consumer Product Safety Act. Chemicals covered under TSCA are subject to the requirements of EPA’s hazard communication rule. The following specific items are also exempt from HazCom requirements: • Articles (manufactured item formed or shaped in a way that does not release or result in exposure to a hazard under normal use)
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• • • • • •
Tobacco or tobacco products Chemicals in physical objects (e.g., plastic chairs) Food sold in retail establishments or intended for consumption by workers Drugs in a form available for retail sale or intended for consumption by workers Cosmetics for the personal use of employees in the workplace or in a retail organization, packaged for retail sale Wood products. At one time all wood products were exempt from HazCom; however, now only wood products that pose no hazard to employees, wood that has the potential for flammability or combustibility, or lumber that will not be processed are still exempt. Wood that has been covered by a hazardous chemical or that will be subsequently sawed or cut and generate any dust are specifically not exempt from HazCom.
Hazard Determination
The quality of the employer’s hazard communication program depends on the adequacy and accuracy of the hazard assessment—in other words, employers must know which chemicals or substances in their workplace are hazardous.
Manufacturers and Importers Chemical manufacturers and importers must evaluate each chemical they produce for its potential for adverse health effects or physical risks (such as flammability). MSDSs and Labels Manufacturers, importers, or distributors must provide labels and an MSDS to their customers for each hazardous chemical at the time of the first shipment of the chemical. The MSDS must include the substance’s ingredients, its chemical and common names, characteristics, physical and health hazards, permissible exposure limits, and other factors. They must describe in writing the procedures they used to determine the hazards of the chemical. The MSDS is a single or multipage document prepared by the manufacturer or importer of a chemical that describes the physical and chemical properties, physical and health hazards, routes of exposure, precautions for safe handling and use, emergency and first-aid procedures, and control measures. Labels The purpose of labeling is to give employees an immediate warning of hazardous chemicals, and a reminder that more detailed information is available. Containers of hazardous substances must have the following information labeled, tagged, or marked on them before they are put into use: • Identity of hazardous substances. • Appropriate hazard warnings (a message, words, pictures, or symbols that state a specific harm that may result from the chemical or substance, not just a generalized warning). • Name and address of chemical manufacturer, importer, distributor, or other responsible party. • Label descriptions must be in English, and may also be printed in additional languages. Employers purchasing chemicals can rely on the labels provided by their suppliers.
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“Secondary” containers, in which a substance has been transferred from its original manufacturer’s bulk bottle to a smaller container owned by the user, must be labeled in the same way, except the name and address of the chemical manufacturer, importer, distributor, or other responsible party is not required. An MSDS may not be used as an alternative to a warning label. An employer must also make sure that: • A person is assigned to make sure all in-plant containers are properly labeled. • An individual is in place to make sure all shipping containers are properly labeled. • There is an alternative in-plant container labeling system in place. • A program is in place that keeps all label information up-to-date, all employees are trained to read labels, and all labels are properly updated. Chemical manufacturers, importers, distributors, and employers that become aware of any new significant information about a chemical must revise existing in-plant labels within 90 days to reflect the information. All shipments of chemicals to employers after the 90 days must contain new labels.
Labeling Alternatives As an alternative to labeling all individual containers, employers can: • Substitute various types of standard operating procedures, process sheets, batch tickets, blend tickets, and similar written materials for container labels on stationary process equipment if they contain the same information and the written materials are readily accessible to employees in the work area. • Post signs or placards that convey the hazard information if there are a number of stationary containers within a work area that have similar contents and hazards. Labeling Exemptions Employers are not required to label: • Pipes or piping systems • Portable containers transferred from a labeled container intended only for the immediate use of the transferring employee DOT Labeling Chemical manufacturers, importers, and distributors must ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in a manner that does not conflict with the requirements of the Hazardous Materials Transportation Act (49 CFR 173), administered by the U.S. Department of Transportation. Written Hazard Communication Program
Employers that use any of the hazardous materials identified above must maintain a written hazard communication program. This program is the blueprint for HazCom—and it is the first thing an OSHA compliance officer or inspector will ask to see. It does not have to be long or spell out your program in detail, but it must be well thought out, clear, and comprehensive, at least outlining all the parts of the program you are implementing. The written program should be available to all employees.
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The written program should include the following HazCom components: • Participating personnel. • Methods the employer will use to inform employees of the hazards of nonroutine tasks (such as cleaning reactor vessels), and hazards associated with chemicals contained in unlabeled pipes in work areas. • Criteria for labels and other forms of warning: —Designation of person responsible for ensuring labeling of in-plant containers. —Designation of person responsible for ensuring labeling on shipped containers. —Description of labeling system used. —Description of written alternatives to labeling of in-plant containers, where applicable. —Procedures to review and update label information, when necessary. • Criteria for MSDSs: —Designation of persons responsible for obtaining/maintaining the MSDSs. —How the data sheets are to be maintained (e.g., in notebooks in the work area(s), in a pickup truck at the job site, via telefax), procedures on how to retrieve MSDSs electronically, including backup systems to be used in the event of failure of the electronic equipment, and how employees obtain access to the MSDSs. —Procedures to follow when the MSDS is not received at the time of the first shipment. —For chemical manufacturers or importers, procedures for updating the MSDS when new and significant health information is found. • Criteria for employee training: —Designation of persons responsible for conducting training. —Format of the program to be used (audiovisuals, classroom instruction, etc.). —Elements of the training program-check to see if the written program addresses how the duties outlined in the regulation (29 CFR 1910.1200(h)(2), and 29 CFR 1910.1200(h)(3)) will be met. —Procedures to train new employees at the time of their initial assignment and to train employees when a new hazard is introduced into the workplace. —Procedures to train employees regarding new hazards to which they may be exposed when working on or near another employer’s worksite (e.g., hazards introduced by other employers).
Availability The written hazard communication program must be readily available to employees, their designated representatives, the Assistant Secretary of Labor for Occupational Safety and Health, and the Director of the National Institute for Occupational Safety and Health (NIOSH). Multi-Employer Worksites A multi-employer worksite exists any time employees of different employers are on the same site (e.g., a cleaning crew comes in to your workplace to do its job, or at a construction site).
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• Compliance by contractor. Any employer that hires the services of an outside contractor or
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vendor is responsible for ensuring compliance by the contractor with the requirements of HazCom if the contractor’s employees may be exposed to chemical hazards while working at the employer’s facility. Contractor-supplied substances. Each contractor bringing chemicals on-site must provide the primary employer with the appropriate hazard information for these substances, including MSDSs, labels, and precautionary measures to be taken when working with or around such substances.
Hazardous Chemicals List Employers must prepare a list of all hazardous chemicals in the workplace as part of the written hazard communication program and check it against the appropriate MSDS. If an MSDS is missing, the employer must get it from the manufacturer, distributor, or other source. The list will eventually serve as an inventory of everything for which an MSDS is required. Employee Information and Training Employers must provide employees with effective information and training concerning hazardous chemicals in their work areas at the time of the initial assignment and whenever a new hazard is introduced into the work area. Giving employees MSDSs to read does not satisfy HAZCOM training requirements. OSHA’s requirements for employee information and training are flexible, allowing a company to design a program tailored to its needs and operations. But training should at least cover: • An explanation of HazCom and its requirements. • The location of workplace areas where hazardous chemicals are present. • Where the chemical inventory, MSDS descriptions, written hazard evaluation procedures, and written communications program will be kept. • A description of labeling systems. • How the hazard communication program is implemented, how to read and interpret labels and MSDSs, and how employees can obtain and use available hazard information. • The hazards of chemicals in the work area. • How workers can detect the presence of a hazardous chemical. • The specific protective procedures the employer is providing, such as engineering controls, work practices, and personal protective equipment. The information and training must be specific to the kinds of hazards in the workplace and the particular protective equipment, control measures, and procedures that are necessary. Training can be accomplished in various ways, including audiovisuals, classroom instruction, and interactive video. Training can be conducted or information provided by categories of hazard (such as carcinogens or toxic agents), rather than by specific chemical. Training is required for new physical or health hazards, not for every new chemical that enters the workplace. If, however, a newly introduced chemical does not fit into an existing category, then training for that new chemical must be provided. A general discussion of hazardous chemicals, for example, is not enough. This is a critical part of HazCom, and if an inspector concludes the training is inadequate, a more rigorous review of the company’s entire compliance program will probably follow. An employer is responsible for evaluating
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an employee’s level of knowledge concerning hazards in the workplace and the hazard communication program. This includes employees who speak a language other than English. According to OSHA guidelines, if employees receive job instructions in a language other than English, then the training and information conveyed under HazCom should also be presented in that language. Trade Secrets
An employer may deny a request for disclosure of a chemical identity on the grounds that it is a trade secret. However, under emergency situations and some other situations, this protection may be lost.
Use OSHA’s Seven-Step Voluntary Training Guidelines While there are many training systems available, we recommend that for safety and health training, you follow OSHA’s Seven-Step Voluntary Training Guidelines. The voluntary training guidelines are a good place to start for several reasons. • The Seven-Step Guidelines get you off on the right foot. It can’t hurt that you are basing your training program on the suggestions of the agency that evaluates your compliance. • The Seven-Step Guidelines are sound. Training professionals and others agree that the OSHA Guidelines are well-conceived and well-executed. • The Seven-Step Guidelines are flexible. In developing its programs, OSHA realized that each worksite is a separate training challenge—each one has its own set of dangers and hazards. Therefore, OSHA has left the details of program design to you, knowing that you are in the best position to make the on-site hazard evaluation that will form the basis of your training program. The seven steps are: Step 1—Determining if Training Is Needed Step 2—Identifying Training Needs Step 3—Identifying Goals and Objectives Step 4—Developing Learning Activities Step 5—Conducting the Training Step 6—Evaluating Program Effectiveness Step 7—Improving the Program OSHA Step #1: Determine if Training Is Needed
Whenever you approach a situation that seems to call for training, be sure to step back and ask yourself whether training is the best way to handle the situation. As OSHA says, the first step in the training process is a basic one: to determine whether a problem can be solved by training. Whenever employees are not performing their jobs properly, it is often assumed that training will bring them up to standard. However, it is possible that other actions (such as hazard abatement or the implementation of engineering controls) would enable employees to perform their jobs properly. Ideally, safety and health training should be provided before problems or accidents occur. This training would cover both general safety and health rules and work procedures, and would be repeated if an accident or near-miss incident occurred.
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Problems that can be addressed effectively by training include those that arise from lack of knowledge of a work process, unfamiliarity with equipment, or incorrect execution of a task. Training is less effective (but still can be used) for problems arising from an employee’s lack of motivation or lack of attention to the job. Whatever its purpose, training is most effective when designed in relation to the goals of the employer’s total safety and health program.”
Why Training Is Needed There are three major reasons why training is needed. • Required by law. Some training is required by OSHA or other government agencies, so you don’t have any choice about providing it. • Hazards in your workplace. The first place to start identifying the hazards in your workplace is with your accident records including “near miss” reports. Your OSHA Form 300s, your MSDSs, job hazard analyses, and other records that your organization may maintain will point clearly to the most common safety problems in your organization. • Dangerous work practices on the job. Finally, your observations may reveal actions and practices in your workplace that are dangerous. Problems Training Can’t Solve A simple question to decide whether training will solve a problem: Could the employee do what should be done if he or she wanted to? When the answer is “Yes,” then training is usually not the answer. If the employee can do the job the right way when he or she wants to, then training in how to do the job won’t help. Alternatives to Training Any time you’re not sure whether training is the appropriate measure to solve a problem, run down this list to see if any other of these measures might be more effective. 1. Mechanical solutions • Change equipment so the worker has to do it right—mechanical devices can eliminate the possibility of unsafe operation. • Alter the process or procedure—other techniques for doing the same thing may be safer. 2. Motivational solutions • Motivational program—commendation to the employee or other motivational ideas encourage desired behavior. • Reward for acceptable behavior—reward programs have been shown to be effective in increasing safe behavior. 3. Supervisory solutions • Closer supervision—the employee may need to be “reminded” of the safe practice. • More feedback from supervisor—the employee may not know how to do the job the right way, or may need specific encouragement. • Training for the supervisor—the supervisor may not know how to get the idea across.
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4. Disciplinary solutions • Discipline—some employees need to know that you mean business about safety. • Termination—ultimately, employees who do not behave safely must be terminated. Their continued employment is too dangerous to themselves and to their fellow employees. 5. Other solutions • Opportunity to practice skill—especially with new employees or new processes, practice may be the best training. OSHA Step #2: Identifying Training Needs
Once you establish that training is needed, identify specific training needs. Here’s what the voluntary training guidelines suggest: If the problem is one that can be solved, in whole or in part, by training, then the next step is to determine what training is needed. For this, it is necessary to identify what the employee is expected to do and in what ways, if any, the employee’s performance is deficient. This information can be obtained by conducting a job analysis that pinpoints what an employee needs to know in order to perform a job.
Designing a Training Program When designing a new training program, or preparing to instruct an employee in an unfamiliar procedure or system, a job analysis can be developed by: • Examining engineering data on new equipment or the safety data sheets on unfamiliar substances. • Analyzing the content of the specific federal or state OSHA standards applicable to a business can also provide direction in developing training content. • Conducting a Job Hazard Analysis. This is a procedure for studying and recording each step of a job, identifying existing or potential hazards, and determining the best way to perform the job in order to reduce or eliminate the risks. • Using company accident and injury records to identify how accidents occur and what can be done to prevent them from recurring. • Requesting employees to provide, in writing and in their own words, descriptions of their jobs. These should include the tasks performed and the tools, materials, and equipment used. • Observing employees at the worksite as they perform tasks, asking about the work, and recording their answers. The employees themselves can provide valuable information on the training they need. Safety and health hazards can be identified through the employees’ responses to such questions as whether anything about their jobs frightens them, if they have had any near-miss incidents, if they feel they are taking risks, or if they believe that their jobs involve hazardous operations or substances. • Examining similar programs offered by other companies in the same industry. Who Should Be Trained? As the OSHA guidelines point out, you can’t train everyone on everything. That’s where the concept of “need-to-know” comes into play. To make your training most efficient, train only employees with a need to know:
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• • • • •
Employees who are required to be trained by regulation Employees whose positions directly involve the actions the training is about Employees who may reasonably be expected to be assigned to the job Supervisors of such employees Technical supervisors or technicians (maintenance department, quality assurance technicians, etc., whose work takes them into potentially hazardous areas.
Create a Minimum Training Requirements Grid How do you determine what the minimum training requirements are? First, look at the different groups of employees and the areas where they work. Identify what types of training each of these groups needs. • Facilitywide. Everyone who works in the facility needs this training. An example might be basic fire drill training, plant evacuation procedures, or hearing protection training. • Area. Everyone who enters a certain area (which might be a room or a space) needs this training. This might be “hard-hat” training, respirator training, or confined space entry training. • Chemical or substance. Everyone who works with or near this substance needs this training. This might be for people exposed to lead, acrylonitrile, or working with chemicals that might cause dermatitis. • Piece of equipment. Everyone who works with this piece of equipment needs this training. This could range from a forklift to a complex stamping machine. Next, identify when training is needed. Some is required immediately, while some may be able to be delayed. Construct a training grid, listing all the jobs down one side and all the training across the top. If your organization is very large or very complex, you may not be able to construct one grid for all jobs. Remember that the point is to get a handle on who needs training in what. OSHA Step #3: Identifying Goals and Objectives
Next, you’ll want to identify the specific objectives of your training. Here’s what OSHA’s guidelines have to say: Once the employees’ training needs have been identified, employers can then prepare objectives for the training. Instructional objectives, if clearly stated, will tell employers what they want their employees to do, to do better, or to stop doing. Learning objectives do not necessarily have to be written, but in order for the training to be as successful as possible, clear and measurable objectives should be thought out before the training begins. For an objective to be effective it should identify as precisely as possible what the individuals will do to demonstrate that they have learned, or that the objective has been reached. They should also describe the important conditions under which the individual will demonstrate competence and define what constitutes acceptable performance. Using specific, action-oriented language, the instructional objectives should describe the preferred practice or skill and its observable behavior. For example, rather than using the statement: “The
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employee will understand how to use a respirator” as an instructional objective, it would be better to say “The employee will be able to describe how a respirator works and when it should be used.” Objectives are most effective when worded in sufficient detail that other qualified persons can recognize when the desired behavior is exhibited. Objectives are what guide you in your training program design. It pays to spend a little extra time when you develop them. Consider the ABCD system for creating objectives: Audience, Behavior, Condition, and Degree. It may help you to write objectives that make for truly effective program design. • Audience. The objective should identify the audience—who is going to receive the planned training? • Behavior. The objective should specify improved performance—what observable action will the trainee exhibit during the evaluation? • Condition. The conditions of performance should be specified. Under what circumstances will the desired action be performed? What materials and equipment will be used? For instance, is the task to be performed with protective equipment on? With power off? Can the trainee refer to the manual? • Degree. The degree of accuracy or accomplishment should be specified. After training is completed, how well must a task be accomplished or what score must be achieved?
Audience Analysis It’s important to know about your audience before you design a program. Here are some basic questions to ask: • What is the average age of the audience? • What is the age range of participants? • What level in the hierarchy do they represent? • What departments are represented? • What do they already know about the subject? • What is their educational background? • What are their expectations? • Will they be eager, hostile, or in between? Resources Analysis The other analysis is the resources analysis. This has two branches, the human resources and the physical resources. Human Resources • Who are the experts on this topic? • Who will provide administrative and clerical support? • Who will do research and design? • Who will produce materials for training? • Who will conduct training?
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Physical Resources • What rooms or spaces are available? • What audiovisual equipment is needed/available? • What samples or practice pieces are available? • What equipment must be used in place? OSHA Step #4: Developing Learning Activities
In this step, you select and design the activities that will enable trainees to reach your objectives. You’ll also prepare any materials and training aids you need. Here’s what the guidelines suggest: Once employers have stated precisely what the objectives for the training program are, then learning activities can be identified and described. Learning activities enable employees to demonstrate that they have acquired the desired skills and knowledge. To ensure that employees transfer the skills or knowledge from the learning activity to the job, the learning situation should simulate the actual job as closely as possible. For instance, if an employee must learn the beginning processes of using a machine, the sequence might be: (1) To check that the power source is connected; (2) To ensure that the safety devices are in place and are operative; (3) To know when and how to throw the switch; and so on.
What About Packaged Training Programs? It’s good common sense to consider programs that someone else has already developed. There is a clear appeal to packaged or “canned” training programs, because it seems on the surface that you just open the leader’s guide, start the videotape and that’s that. It’s not quite so simple, but there are good reasons to consider packaged programs. About Training Methods There are many training methods from which to choose. You will choose the ones that are appropriate for your situation based on your analysis of the audience and the material to be presented. Most experts recommend that for adult learning, you use a blended approach, using many different methods. For example, you might start people with a computer or Web-based training program, and then follow up with a classroom session or individual coaching. Here are some possible training methods: • Lecture • Role Play • Simulation • Case Study • Self-instructional • On-the-job • Discussion • Hands-on Training
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Choosing the Best Training Method Here are some questions that you can ask yourself to help decide on the type of training to choose. • How many people need the training? Large groups may suggest lectures and movies rather than individual training. • Can you duplicate the problem/item to be learned? For instance, a film might be good for hazardous materials cleanup procedures, since you wouldn’t want to create a spill. • How much money is budgeted? Limitation in budget can quickly dictate the type of training you can afford. • How much time is available? How quickly must people be trained? • Who is going to do the training? Are experienced technical trainers available or are the supervisors going to do the training? • What types of equipment are required for the training? • Is the training to help someone gain a skill, improve an attitude, or understand a concept? Select the training that is appropriate for the task. Audiovisual Materials, DVDs and Videotapes Audiovisual materials can be used to enhance your presentation (for example, pictures of plant locations and equipment for a lecture) or they may be used to make the actual presentation of material (as with a film on hazardous spill response). Web-Based Training/Computer-Based Training Whether through the Internet or off a CD-ROM, the computer screen is the featured partner in many training programs being offered today. Computers are infinitely patient and calm. They work at the student’s pace, whenever the student wants to work. With increasingly sophisticated graphics, they are a more interesting tool than they were in the past. Often featuring built-in testing mechanisms, they are an interesting possibility for individual training. Note on PowerPoint PowerPoint® slides seem to be everywhere, and they can enhance a presentation. However, they usually can’t demonstrate, so don’t be fooled into thinking that because you have a file of slides you’re ready to deliver great training. Lesson Plans Lesson plans are a critical part of preparation for training. The lesson plan tells the instructor what to do each step of the way. Your lesson plan will evolve from the activities you select. It’s important to take some time to finalize the lesson plan and to make it detailed. That ensures that you don’t forget any important items. It also means that someone else could deliver the training. Participants’ Materials You will generally want to prepare some sort of handout or takeaway for your training. OSHA Step #5: Conducting the Training
To the extent possible, the training should be presented so that its organization and meaning are clear to the employees. Employers or supervisors should:
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• Explain the goals and objectives of instruction; • Provide overviews of the material to be learned; • Relate, wherever possible, the new information or skills to the employees’ goals, interests or • •
experience; Point out the benefits of training (e. g., the employee will be better informed, more skilled, and thus more valuable both on the job and on the labor market; or the employee will, if he or she applies the skills and knowledge learned, be able to work at reduced risk); and Reinforce what the employees learned by summarizing the program’s objectives and the key points of information covered.
OSHA Step #6: Evaluating Program Effectiveness
Evaluation of safety training is critical! Remember, the objective of training isn’t to have a “great” training session. The real objective is safe work practices on the job. Training isn’t successful just because people sit through it—it’s successful if people learn from it and act safely and think safely back at the worksite. You know what the goals of the training are; devise a way to measure whether or not they have been achieved. Most training can be made more effective if there is a follow-up program. Some organizations check in with trainees at some future point, while others have refresher courses to help people keep current and improve on skills. OSHA Step #7: Improving the Program
Based on your evaluations of the program, you will want to make any improvements that your evaluation shows are necessary. Be on the lookout for changes in the job that require changes in the training. New equipment, new procedures, new hazards appear every day. Make sure your training program includes them. Here’s what the guidelines say: If, after evaluation, it is clear that the training did not give the employees the level of knowledge and skill that was expected, then it may be necessary to revise the training program or provide periodic retraining. At this point, asking questions of employees and of those who conducted the training may be of some help.
Evaluation Questions • Were parts of the content already known and, therefore, unnecessary? • What material was confusing or distracting? • Was anything missing from the program? • What did the employees learn, and what did they fail to learn? • If a job analysis was conducted, was it accurate? • Was any critical feature of the job overlooked? • Were the important gaps in knowledge and skill included? • Were the instructional objectives presented clearly and concisely? • When the training was presented, was the organization of the material and its meaning made clear?
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• • • •
Did the objectives state the level of acceptable performance that was expected of employees? Did the learning activity simulate the actual job? Was the learning activity appropriate for the kinds of knowledge and skills required on the job? Were the employees allowed to participate actively in the training process?
Evaluation Instruments These usually include a pretest and a posttest and sometimes tests in between. The pretest helps you to know that the training is necessary, and helps the instructor to pinpoint areas where special help may be required. The posttest helps to determine whether the training was successful, and identifies areas where training may be improved. Intermediate tests may be required in longer training programs.
Next Steps Now employees are trained. They know what to do. But will they do it? They may need motivation, the subject of the next chapter.
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Motivate Safe Behavior It seems like you should be done—you’ve identified the hazards, taught employees how to act safely, and provided the means and methods to do so. All set? Surprisingly, in many cases, employees still act unsafely. In fact, for many employers, safety motivation is the hardest part of safety management.
Face the Double Challenge of Safety Management It’s hard enough just to get the workplace safe for employees. It hardly seems fair that you also have to struggle to get them to behave safely. But employees have proven, time and again, that they must be motivated to have a safety-first attitude. Start with Managers and Supervisors
Many front line managers and supervisors see safety as interfering with productivity, and so they ignore, or even encourage, unsafe behavior if it gets the product out. You’ll never have a safe workplace with that attitude. How can you get managers and supervisors on board for safety? Try the following: • Example. Senior management must support safety and let lower-level managers and supervisors know that safety is important. • Evaluation. Make safety one of the goals of every manager and supervisor, and let them know that, in part, their compensation depends on their success with safety. • Involvement in safety activities. Get them on committees, have them do investigations, safety audits, etc. The Productivity vs. Safety Argument
One expert says there’s just one question needed to ascertain whether a company believes in safety: Can an employee with a safety concern stop the production line? If so, you have a safety-conscious workplace. If not, you’re in a productivity-before-safety workplace. Here’s a typical productivity situation: Your employee runs a machine that often jams. The safety protocol calls for turning the machine off, locking it out, and then removing the jam. This takes a lot of time, and ruins all the raw material in the machine. And, they won’t make their quota. Since 99 times out of 100, employees can reach in quickly and clear the jam without turning off the equipment, that’s what they do. But eventually, that 1-out-of-100 “accident” is going to happen. And that’s going to be expensive in many ways.
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• Equipment will be sidelined, so any productivity gains will disappear quickly. • The trained specialist employee is going to be sidelined. • You and the supervisor are going to be sidelined with investigations, hospital visits, and insurance agents. • OSHA is going to get involved and, if you were negligent, so will the courts. Don’t let the productivity argument even get started. Safety first.
Understand Why Accidents Happen Of course, not all accidents are due to productivity issues. And most accidents are not due to a failure in technical understanding. What does cause them? Most are due to carelessness, horseplay, or ignorance of rules or ignoring safety rules and procedures. • Carelessness. Supervisors have to stay on top of this one. • Don’t know of hazard. This is a failure of training, signage, warnings, or something in that vein. • Horse play. Employees like to have fun at work, and, within reason, in many workplaces, that’s OK. But horseplay has a way of escalating, and pretty quickly, it can be dangerous. Again, you’re counting on your, supervisors to keep this under control. • Tired and Bored. An experienced worker doing something for the 500th time loses concentration and makes a mistake. How can you avoid it? If there’s no flexibility it’s hard. Consider rotating duties, quick minibreaks, or changing the activity in some way. • Purposefully ignore safety procedures. As we’ve mentioned, employees sometimes don’t follow safety rules on purpose. For example, they won’t wear protective equipment because it’s uncomfortable or interferes with doing the job . Or they won’t wear hearing protection because they can’t hear shouted commands or warnings. Or they work without a safety guard because they can’t see their work well enough with the guard in place. Most of these problems can be solved using new systems or making equipment changes.
Foster Motivation Whatever the reason, there is a gap between desired behavior and actual behavior, even when people are well-equipped and trained and disciplined. What works for motivation to close the gap? • Set an example • Talk about safety • Ask about safety • Reward safe behavior • Start meetings with the safety report—first thing on the agenda every meeting • Make sure employees know what to do, what are the expected behaviors are • Make sure that they are trained in how to do them And then, there’s the carrot and the stick. Try to motivate through incentive programs, and, if necessary, with discipline and ultimately with termination.
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Try Incentive Programs Many employers find good success with incentive programs. In fact, there are a number of organizations in the business of providing incentive program materials. Incentive programs are helpful because they focus attention on safety in a very direct way. Typical Incentive Programs
Typical programs offer a reward of some kind for every quarter or year worked without a lost-day accident. What type of reward is given and to whom? This gets tricky. Some organizations offer one big reward, for instance, a car. All the people in the safety pool get into a drawing and the winner gets the car. However, many experts believe that all participants should get the reward when their unit achieves the goals. That is, instead of one person getting a car, everyone would get, say, a $250 bonus. Exercise Care
When implementing incentive programs, one must be careful. If the incentive is too great—vacations for the entire team in Bermuda or a free car for everyone—it starts to work against safety, because participants will tend to not report accidents and injuries just so they can get the reward. Similarly, with any group or team programs, one member of the team may feel peer pressure—real or imagined—to keep quiet about near misses or accidents so the whole team will qualify for the reward. Some organizations report success using “on-the-spot” rewards. Others have used safety buddy systems, safety traffic tickets, and a host of other systems. Two Observations
Pay close attention. Because programs can backfire if they are not balanced, it’s important to keep a close eye on the effect the program is having. Change programs often. Many employers report that they have to keep changing their motivation or incentive systems. A program that works at first tends to get stale and lose its ability to motivate.
Discipline for Safety Infractions Sometimes training, motivation, and gentle reminders, or even direct orders aren’t enough to get workers to follow safety rules and procedures. Discipline is the next tool, and you shouldn’t wait too long to use it. Don’t ignore dangerous behavior—it will seem as though you are condoning it. Progressive Discipline
Most organizations have some form of progressive discipline program, and this is the best course for most safety violations. Typically, progressive discipline programs feature an oral warning, a written warning, a suspension, and ultimately, termination. Unionized organizations, and others, may have special rules for discipline that should be followed.
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• Document. Always document all disciplinary actions carefully, including the oral warning. • Be specific. Don’t say “Joe doesn’t seem to care about safety.” Say “On July 12th Joe removed •
the machine guard, or entered a confined space, etc.” Always focus on behavior, not attitude or character. This is the policy, this is the procedure, you knew about it and you didn’t follow the rule.
Install a Safety Committee Safety committees are a key part of safety in the workplace. They accomplish several things. • Central focus. Committees that represent all functions or departments allow the organization to take an overall look at safety requirements and to foresee problems that might otherwise cause difficulties. • Sounding board. The committee is a visible and approachable body for safety or health complaints, suggestions, and the like. • Central coordination. With management direction, much of the coordination of safety training activities can be accomplished by the safety committee. Management has the ultimate responsibilities for safety and health. Through its managers and supervisors it establishes the program and enforces safety rules. But the safety committee can have an important role in assisting supervisors with the success of that program. • An effective safety committee encourages safety awareness, gets a large number of employees actively involved in the safety program over time, helps motivate employees to follow sound safety practices. • An effective employee safety structure provides a feedback mechanism to identify and correct new safety hazards at the earliest stage. • Once the safety committee structure is in place and working well, it is a natural vehicle for employee involvement, preparation and introduction of new safety rules, new preventative practices, and safety procedures on new equipment. All organizations should think through the role of their safety committee, including: • What the responsibilities and duties of the committee are • How the committee helps management to enforce safety rules • How to report unsafe conditions and acts • How to handle safety suggestions • How to conduct safety inspections or tours • What the committee should not do Be sure to spend time organizing the committee carefully. A safety committee left to its own devices will contribute little to the local safety effort. Ideas and good motivation lose luster quickly if the specific role of the safety committee in the safety and health program is not clearly defined. What role should your safety committee have? This will vary from company to company or from site to site. Here are elements to consider.
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• Set a good example. Committee members must set a good example! Committee members • •
•
•
•
must be above average in their safe work habits and their positive attitude about safety. Be visible. Names of safety committee members should be posted prominently in their departments. They are the strong right hand to supervisors. Some companies also give safety committee badges to identify their committee members. Report unsafe conditions. What will the committee’s role be in reporting unsafe machinery and conditions and hazardous acts? This will vary, depending on the size of your location, the number of departments, and your organization’s philosophy and policy. For some organizations, safety committee members will report unsafe acts and conditions directly to their immediate supervisor, the most usual and most effective way. At other sites, the manager may have an “open door policy,” inviting committee members to come to him or her with their suggestions. At other places, the committee members write up safety notices or reports and give them to the safety committee for action by management. Whatever system you use, train your safety committee members in what you want them to do—show them how you want them to carry out their duties. Conduct safety inspections. Many organizations utilize safety committee members to perform safety inspections or plant safety audits. This is a wise choice, for these are the people who know the work practices and the jobs on your site—and the inherent hazards in the work. They know the safe—and the unsafe—way to perform the jobs. But assigning safety committee members to do safety tours is only the start—training them in how to do the inspection task accurately and thoroughly is the next step. Organizations that utilize safety committees effectively provide them with a checklist or audit form, usually sub-divided by department or work unit. The form allows the inspector to focus very specifically on unsafe conditions or unsafe acts. The best type of safety audit form usually comes from those organizations who have developed a Job Hazard Analysis (JHA) for each job. These JHAs, if well done, give your safety auditors the key elements in every job—the unsafe practices, the dangerous conditions—you are likely to encounter on the job. Investigate accidents. Depending on your safety policy, you may want to utilize the safety committee to assist you in investigating accidents. At some locations the committee investigates all lost work day accidents and reports the findings and recommendations to management. For other organizations, safety members work jointly with supervisors to find the causes of accidents. At still other companies, the safety committee at its regular meetings reviews the results of supervisors’ accident reports. Whatever approach you take, be sure that the role of the committee in investigating accidents is made clear at the start and instruct the members in their role. It’s good practice to investigate both lost work day cases as well as “near misses” and minor accidents that could have been more serious. Hold regular meetings. Safety committees must meet formally (usually at least once a month, sometimes biweekly), and for their meetings to be effective the following matters must be considered: —Frequency of meetings —Selection of chairperson and a secretary
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•
—A prepared agenda in advance of the meeting to: —Keep discussions on track —Allow members to prepare for the meeting —Serve as written documentation of efforts —Allow management to track efforts —Conduct safety training activities —Minutes: —Written summary of efforts —Names of attendees —Number of absentees —Responsibilities for implementation assigned —Timing of implementation assigned —Cost of implementation —Any approvals required —Completed recommendations —Uncompleted recommendations —Accident review —Safety training activities —Issued within 48 hours of the meeting Sounding board. Be a sounding board for safety and health activities. Positive management groups ask their safety committees to be sounding boards on proposals for new safety rules, developing the JHA changes or additions to PPE, participate in safety fairs and safety victory days.
Developing and Training the Committee
Who can assist you in your efforts to develop and train the local safety committee? The main responsibility falls to site management who must conduct and set up the program. Yet there are others who can assist in this responsibility. These include: • Safety consultants, either from outside the firm or from your workers’ compensation carrier. They can assist in your safety training by providing talks, slides, films—and above all his or her experiences with other effective safety programs. • Vendors who sell products to the company will be interested in enhancing their sales position by training in the use of their product or service. Typical vendors are forklift truck distributors who will train employees in the safe operation of their equipment, chemical manufacturers who will be enthusiastic about training operators and mixers in the safe handling of new chemicals, and fire-fighting equipment suppliers who welcome the chance to give plant personnel “hands on” experience with their fire-fighting equipment.
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Job Description of an Effective Safety Committee Member
The outline of duties for the safety committee in one organization reads like this:
Primary Function To give your best efforts to make the department free from accidents and occupational health problems. Duties • Work safely yourself—set the example in the department. • Attend and actively participate in safety committee meetings when on day or second shift. If you are on third shift, notify your supervisor so that your alternate can attend. • Work with your supervisor to eliminate hazardous conditions and unsafe work practices in the department. Speak to your fellow employees if you believe that they are engaged in an unsafe work practice; report things that you feel you can’t handle to your supervisor for further action. • Investigate with your supervisor recordable case injuries that occur in your department. Participate in Plant Review Committee activities on lost work day case accidents or industrial illnesses in your department. • Listen to employee suggestions about safety and bring those that appear to have merit to the department supervisor for review. • Coordinate with your alternate to conduct department safety inspections in the first week of each month, using the preprinted checklist as your guide. Each quarter participate with a plant management member in a facilitywide safety audit. • Before each plant safety meeting, review minutes and open items affecting your department and have answers or a progress report on each item for the meeting. • Wear your safety committee button at all times while at work.
Next Steps By now you’ve got a safety program that’s humming along. Now you’ve got to keep it humming. The next chapter will help with that.
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Manage Ongoing Safety Responsibilities It’s a major step to get to the point where you believe that you’ve got a good safety program. Congratulations. Now you’ve got to keep it going. Here are some of the important areas on which you’ll need to focus.
Set Safety Goals, Evaluate, and Update As the manager of safety and health, you have to take responsibility for setting goals for your program and evaluating your progress toward those goals. Goal Setting
You will probably set different types of goals. For example: • Accidents and lost work days. Some goals will relate directly to your program’s success in reducing or eliminating accidents. • Safety activities. Some goals may relate to the number of activities or their success. For example: —Number of safety meetings —Number of job hazard analyses —Attendance at safety meetings —Number of training sessions —Percent of attendees rating the session “good” or better Evaluation
If you have set good, measurable goals, your evaluation of your progress against the goals shouldn’t be difficult. You’ll find some evaluation also takes place as you perform audits. You’ll see how many problems you find. Should you have a visit from OSHA (see below), you’ll experience another form of audit.
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Revision and Updating
Sure, your safety program was fantastic when it was first developed. But if that was years ago, and it hasn’t been updated, that’s a problem. Have all elements of your plans, policies, procedures, and equipment kept up with changes? You need a regular maintenance schedule for all these safety-related items. The stakes are too high to let yourself get into a situation where the emergency numbers don’t work or the MSDSs are missing. Here are some things to check periodically.
Safety Training • Is all required training actually being given? • Are refresher courses given regularly? • Are new employees given training within a reasonable time of start date? • Have training materials been updated to reflect new hazards? Handbooks, Policies, Procedures • Have they kept pace with any changes, any new equipment, new regulations? • Are all materials consistent? Goals
• Are they still valid? • Are they clear to all? Agreements • If you have agreements with outside providers (for example, for emergency care), are they still in effect? • Are outside partners aware of changes, new equipment, etc.? Contacts • Are all contacts (for example, for emergencies, poison, hazardous spills), both inside and outside, current? • Are they posted and available? New Processes, New Equipment, New People Be constantly on the lookout for changes. When there are new people, new equipment, new procedures, there must be related changes in training, policies, procedures, and so on.
Perform Safety Audits How often should you perform audits and what form should they take? Of course each workplace is different. But in a workplace with significant hazards, it’s important for workers to see a safety team often. With this in mind, it’s probably better to do frequent, shorter audits than to do just one long and detailed audit.
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Don’t forget informal auditing. Whenever you’re walking around the facility, keep an eye out for safety. The checklists in Appendix F will help you to construct an audit customized to your operations.
Manage Recordkeeping Requirements It’s no secret that OSHA has been cracking down on recordkeeping violations, as many employers have discovered the hard way, with fines exceeding one million dollars. Though the fines are often reduced on appeal, OSHA is making its point by coming down hard on companies that fail to keep complete and accurate records of on-the-job illnesses and injuries. Form 300 Is Just the Beginning
Most of the fines cited here were levied for illness and injury reporting, but that’s not by any means the extent of your recordkeeping responsibility. Many OSHA regulations require records of such things as: • Training • Exposure to hazardous substances • Monitoring and testing • Inspections and maintenance • Medical surveillance • Hearing conservation Recordkeeping is not just a defensive posture. Done correctly, it provides you with concrete proof that you performed required actions, and it also gives you solid evidence that you are carrying your side of the burden of trying to keep your workplace safe. Recordkeeping isn’t a way to avoid a fine, it’s a forecaster of potential safety problems—problems that could be very expensive and problems that are usually easy to fix as long as the cure comes in time. Accidents are, of course, more than statistics. OSHA’s point is that recordkeeping is the best way for the Agency to uncover and deal with the safety violations that create many deaths, injuries, and illnesses and to improve conditions to prevent future occurrences. Consequently, the Agency makes recordkeeping an important part of its inspection program. Whether or not you agree with OSHA that recordkeeping compliance is a good way to improve health and safety on the job, you may as well accept that this is the route the Agency is now taking. The number of violations uncovered at some of the nation’s largest companies has increased the pressure on OSHA to check and ensure compliance by all companies. You can help your company stay in compliance, and out of trouble, by knowing exactly what has to be recorded and which of those records OSHA and your workers have a right to use. Other Recordkeeping Requirements
Although most of OSHA’s highly publicized recordkeeping penalties have related to injury and illness, those are far from the only records companies are required to maintain. You also need complete
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records on almost anything that relates to or proves compliance with occupational safety and health regulations. For most employers, that includes: • A written hazard communication plan • A written contingency plan for emergencies • MSDSs • Hazardous waste manifests • Training records (who was trained, when, and in what) • Medical surveillance records (for asbestos, lead, and many other substances) • Air sampling or other monitoring results • Equipment testing and maintenance • Inspections of equipment, processes, and procedures • Respirator testing, training, and use • Noise exposure monitoring and hearing conservation program • Forklift operator evaluation and training • Hazard assessment for personal protective equipment • Many other records required by various OSHA regulations Even when there is no clearly stated requirement, you may want to keep records of your health- and safety-related activities. These will probably show your good faith in maintaining a safe workplace. Worth the Trouble
It doesn’t take long to keep up most of these records; you’re probably gathering the information anyway. But having them will not only help satisfy an OSHA inspector, but also promote your workplace safety. The first step in any effective health and safety program is to keep good records and act quickly on problems. By documenting your efforts, you can be sure that you have taken all the steps necessary to make a safe workplace. Right to Access Records
In addition to knowing what records to keep, you should be aware of who can review those records. In general, any occupational illness and injury records must be presented, on request, to OSHA or other government inspectors and to employees, former employees, and designated employee representatives. OSHA’s access is not limited to just medical data required by its own regulations. Inspectors can submit written orders to see any company medical records. Note: In a few recent cases, courts have required OSHA to produce a warrant for records, but this is by no means the norm. OSHA will get to see the records eventually, so most employers would be wise to produce them when asked. Employees’ Rights to Records
Employees, their designated representatives, and OSHA have the right of access to relevant exposure and medical records. Upon request, the employer must provide access to records within 15 working
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days. The employer must also copy, or provide facilities for copying, records at no charge. The records may also be loaned to the employee or representative for a reasonable time to enable a copy to be made. Exposure records consist of: • Records of the employee’s past or present exposure to toxic substances or harmful physical agents • Exposure records of other employees with past or present job duties or working conditions related to or similar to those of the employee • Records of exposure information for the employee’s working conditions or workplace • Exposure records of working conditions or workplaces to which the employee is being assigned or transferred If OSHA seeks access to medical information of identifiable employees, it must provide the employer with a written access order. A copy of the order and OSHA’s cover letter must be posted for at least 15 working days. The employer may delete information constituting trade secrets if the party seeking access to records is notified that information is deleted. When trade secret information is provided, the employer may require the party seeking access to sign an agreement restricting the use of trade secret information. An example of an authorization letter for release of employee medical records to a designated representative follows: I, (Employee’s Name)_________________________, hereby authorize (Party Holding Records) _________________________________ to release to (Designated Representative) ___________________________________________ the following medical information from my personal medical records: (Give a general description of the information to be released.) _______________________________________________________________ I hereby give my permission for this medical information to be used for the following purpose:______________________________________, but I do not give permission for any other use or redisclosure of this information. (NOTE: Several extra lines are provided below so you can place additional restrictions on this authorization letter if you want to. You may, if you choose, leave these lines blank. On the other hand, you may want to 1) specify a particular expiration date for this letter (if less than 1 year), 2) describe medical information to be created in the future that you intend to be covered by this authorization letter, 3) describe portions of the medical information in your records that you do not intend to be released as a result of this letter.) ____________________________________________ Full name of employee or legal representative: ________________________________ Signature of employee or legal representative: _________________________________ Date of signature: ______________________________
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Record Retention
Since many job-related illnesses, such as cancer, don’t appear for years after exposure, OSHA also requires companies to maintain records for long periods of time. Specific records of an occupational injury or illness must be maintained for at least 5 years. Employee medical records must be kept for 30 years after the employee leaves the company. Employee exposure records, including records of monitoring in the workplace, must also be kept for 30 years. Even if the employer goes out of business, the records must live on. If a new company takes over, that company must keep the records. If the employer ceases to exist entirely, its records will probably go to the National Institute for Occupational Safety and Health (NIOSH). Companies must notify NIOSH at least three months in advance if they are going out of business and don’t know what to do with their records. Penalties
OSHA’s penalty for failure to keep injury and illness records, or for falsifying such records, is a fine of up to $10,000 or up to six months in jail. Since that penalty can be imposed on each violation, the cost of sloppy recordkeeping can add up fast. Although many fines are reduced on appeal, they are rarely eliminated. And a company that has failed a recordkeeping inspection once is likely to get repeat inspections, conducted in great detail. Reducing Lapses in Recordkeeping
Why do recordkeeping “lapses” strike so often, even in “well-managed” organizations? We see five reasons, and we recommend that you keep them in mind as you review your recordkeeping operations. • Laziness or lack of time. Even the best intentions can get swept up in the rush of production deadlines. When a serious injury happens, time pressures get worse—someone has to help the injured employee, someone has to take over the work, someone has to repair the problem or clean up the spill. It’s easy to put off recording the incident, and then forgetting. • Unclear responsibility. It may not be clear who is supposed to handle recordkeeping responsibilities. Or maybe the person is on vacation. • Poor training. People with responsibility may not be clear what constitutes a reportable incident or injury. • Desire to preserve a good safety record. This is all too common, even in organizations proud of their safety records. That very pride makes people reluctant to enter an accident or injury that will eliminate them from consideration for a reward or will hurt the organization’s chances for bettering an existing record. • Trying to get away with something. In some cases, organizations are flagrantly trying to sidestep the regulations, knowing that they have something to hide from the inspector. In all of these cases, training and management involvement are the keys to keeping the program on track.
Documentation Requirements Following is the illness and incident information you must get in writing: • Employee deaths (no matter how long after the accident or illness they take place)
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• • • • • • • • • •
Lost workday cases Injury/illness that results in job transfer Injury/illness that requires medication or treatment (other than first aid) Injury/illness that involves unconsciousness or restricted work or motion Diagnosed occupational illness (even if not diagnosed by a doctor and/or not requiring treatment) Identity and quantity of a hazardous substance to which an employee was exposed Identity of exposed employee and body parts affected Medical treatment given to an exposed or injured employee Action taken as a result of an injury or illness-causing incident Conditions in the work area after these actions are taken
Recordkeeping and the Hazard Communication Standard One of the purposes of a hazard communication program is to improve detection, treatment, and prevention of occupational disease. To facilitate employees’ learning about the hazards they work with, employers must keep certain records. These include: • An inventory of all hazardous chemicals in the workplace • MSDs • Training records (not required, but recommended as proof of training) All of these records become part of the written hazard communication program, which is one arm of the Hazard Communication Standard. Records of Monitoring Exposure Records of industrial hygiene monitoring must be maintained. These records would include personal, area, grab, and wipe sampling, for example. They must be retained for 1 year, but the sampling plan, results, and a description of the methods of analysis must be retained for 30 years. Any records of biological monitoring to assess absorption of substances by the body must also be retained for 30 years. Such records might include testing of chemical levels in the blood, urine, breath, hair, or fingernails, for example. Annual Reports Many state “right-to-know” laws require certain information to be submitted to the state Department of Labor or emergency response departments. This information may include: • An alphabetized inventory of hazardous substances used in the workplace • An explanation of the hazards these substances present • Plans or blueprints of the workplace showing where hazardous substances are kept and evacuation routes Manufacturers, importers, and employers should have little problem providing this information if their inventory, MSDSs, and general safety records are kept up-to-date. If your state requires annual reports to be submitted, it is a good idea to send them, by registered or certified mail, before they are due.
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Handle an OSHA Inspection Inspectors usually arrive without advance warning during regular working hours. After identifying themselves to the employer and explaining the nature and scope of the inspection, they will ask to see records, machines, equipment, and hazardous materials. They can also privately question any employer or employee. If OSHA wants to inspect your workplace, it will. But there are rights that employers can exercise— although, as we’ll see, it may not be to your advantage to do so. OSHA Has the Right to Inspect
The OSH Act grants representatives of the Department of Labor the right to inspect any place of employment in order to determine whether an employer is in compliance with the Act’s safety and health standards. However, such inspections must occur at reasonable times—that is, during regular work hours, within reasonable limits, and in a reasonable manner.
How OSHA Selects Inspection Sites When should you expect a visit from a government inspector? Both OSHA and EPA are authorized to inspect your facility at any time. However, it is likely that an inspection will be carried out for one of the following four reasons: 1. Imminent danger. Imminent danger inspections are held within 24 hours of OSHA’s determination that an imminent danger exists. Because of the potential hazard involved, employers are alerted in advance by OSHA about these inspections. All other inspections are usually unannounced. In fact, Section 17 of the OSH Act provides that individuals who supply employers with advance notice of an inspection are subject to criminal penalties. 2. Workplace fatalities. A second category of OSHA inspections concerns the investigation of workplace fatalities. Employers are required to report these to OSHA within eight hours. 3. Employee complaint. Approximately one-third of all inspections belong in this category— inspections OSHA conducts as a result of receiving a written complaint by an employee. Complaints involving serious hazards are inspected within 5 working days, while complaints involving other-than-serious conditions are inspected within 30 working days. No inspection is conducted, however, if OSHA determines from the complaint that no violation threatening physical harm or imminent danger exists. Under the OSH Act, the agency is required to furnish the employer with a copy of the employee complaint. However, the employee’s identity remains confidential and the employer is prohibited from taking action against the employee because of the complaint. 4. Programmed inspections. The fourth category of inspections involves routinely scheduled or “programmed” inspections of establishments in high-risk industries. • Safety. Facilities selected for programmed safety inspections are chosen according to both industry and company lost-workday injury rates. OSHA has developed an establishment list, which sets forth all employers within the jurisdiction of OSHA Regional Offices, listed according to their Standard Industrial Classification (SIC) code. The various industries are then ranked according to their lost-workday injury rates. • Health. Programmed health inspections are separately determined by OSHA according to the agency’s Health Inspection Plan (HIP). Under this plan, industries are ranked according to
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OSHA’s assessment of the hazardous substances associated with the industry, the number of employees exposed to the substances, and the severity of the potential adverse health effects that might result from exposure to the substances. Establishments are then randomly chosen for inspection from this list. Because OSHA does not believe that illness-incidence rates are an accurate reflection of exposure to hazardous substances, neither industries nor particular employers may be exempted from health inspections on the basis of low illness rates. Prior to scheduling either safety or health inspections, each regional OSHA director modifies the list by adding or deleting employers based on three criteria. Number of employees. Employers will not be subject to any programmed inspection if 10 or fewer employees have been employed during the past 12 months. Recent safety inspection. Employers will not be subject to a programmed safety inspection if a safety inspection has been conducted within the current or previous fiscal year. Recent health inspection. Employers will not be subject to a programmed health inspection if a health inspection has been conducted within the current or previous three fiscal years with no serious violation cited or, where serious violations were cited, there has been documented good-faith efforts to abate all serious hazards.
Your Rights When the Inspector Arrives Among your rights, you may: • In most cases, refuse to let an inspector in without a warrant • Contest a warrant before or after the inspection • Limit scope of the inspection to complaint or warrant • Accompany inspector • Have an opening and closing conference • Contest a fine Restricting the Scope of the Inspection Employers are free to restrict the scope of their consent to the area that is the subject of the inspection request. For example, if an inspection is based upon an employee complaint about the absence of guardrails around a machine, the employer may limit a safety inspection to that area, thereby prohibiting either a general safety or health inspection. Any inspection beyond the scope of the consent will be considered involuntary and thus grounds for overturning a subsequent citation. Further, an inspection will be deemed involuntary, even if the employer provided consent, when the employer has been misled by representations of OSHA officials. The ‘Plain View’ Exception Although the scope of the consent may be limited, employers should be aware that under the “plain view” exception, any violations observed in an area for which consent has been given may be the subject of a citation, even though outside the scope of the consent. Thus, for example, if an OSHA inspector observes an imminent danger en route to the machine area you consented to have inspected, he may cite your organization. A corollary of this doctrine is the “open fields” exception, under which a citation based upon observations from open terrain will be upheld, even without consent or a warrant.
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Should You Request a Warrant?
When presented with a request for an inspection, an employer may either consent or request that OSHA obtain a warrant prior to the inspection. According to some experts, a consent inspection is usually the better choice. It is less troublesome, less costly, and more beneficial to the employer. But others see it differently—read on.
Warrant Based on Employee Complaint An application for a warrant based upon an employee complaint probably will be considered by a court as probable cause for an inspection. However, the inspection would be limited to the violations that formed the subject of the complaint. The OSHA Review Commission—the administrative judicial body—and several courts have adopted this position. On the other hand, some courts have permitted a complete “wall-to-wall” inspection based upon a single employee complaint. Warrant Based on Program A warrant can be issued to support a general inspection based upon OSHA administrative procedures for programmed inspections as long as both the procedure and its application to the employer are explained in the warrant application. In addition to specifying the reason for the requested inspection, an application for a warrant must describe the activities that OSHA intends to perform during the course of the inspection. Warrant Hearing Under OSHA regulations, a warrant may be obtained ex parte, that is, without employer participation. Nevertheless, employers may request a hearing on a warrant application, because courts have discretion to grant such a hearing. Moreover, even when an ex parte warrant application is granted, an employer may challenge the propriety of the warrant before or after the inspection. The employer may refuse to allow entry into the workplace and may contest the warrant either by moving to quash it or by defending against the civil contempt motion OSHA will likely file. Insist on the Warrant, Says One Expert Here’s the viewpoint of an attorney who recommends insisting on the warrant. The attorney, experienced in OSHA inspections both with and without warrants, recognizes legitimate reasons for allowing the inspector in the door without a warrant. He suggests, however, that it is often to the benefit of the organization to insist on the warrant. Here are his “countervailing considerations”: 1. The inspector may not return. In a good many cases, especially if the inspection is routine, the inspector may just walk away for good. 2. The warrant may have a narrow scope. Many federal judges draw narrow warrants strictly limited to the specific complaint alleged in the affidavit put before the judge. This scope may be narrower than that accorded the OSHA inspector without a warrant. 3. You’ll buy some time. The warrant won’t be issued right away—in some cases inspectors wait as long as 30 days. If you know of any existing hazards, you’ll have time to remedy them and avoid a fine. 4. The risk is small. Because OSHA has little discretion in fining and citations, and because the settlement process is the same regardless of whether a warrant has been issued, there is little risk of greater penalty for those who insist on a warrant.
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So, what should you do? As always, it depends on your situation. We suspect that most organizations will let the inspector in, but it may someday help to know you don’t have to. Conduct of the Inspection
Once an OSHA inspector has been permitted to enter the workplace, either voluntarily or by means of a warrant, the employer should carefully ensure that the proper administrative procedures are followed and that the employer’s rights under the OSH Act are preserved. The employer should be aware that any statement made or records provided to the OSHA inspector may be introduced in a subsequent enforcement proceeding. Accordingly, the employer should supply only information that is required to be maintained or provided under the OSH Act or OSHA regulations.
Opening Conference An OSHA inspector must hold an opening conference with the employer and, if appropriate, with employee representatives. After presenting credentials, the inspector is required to state the nature and purpose of the inspection and to supply the employer with a copy of any warrant or employee complaint, if applicable. The employer should carefully review these documents in order to ensure that the inspection remains within the limits of the inspector’s authority. Records request. The inspector may request other information concerning, for example, the nature of the employer’s operations, or seek to examine safety and health records maintained by the employer. An employer should provide only those records requested by the inspector and required to be maintained under the OSH Act. Employee health records should not be disclosed unless adequate safeguards to protect the privacy of the employee are provided. Trade secrets. Employers should also be sure to inform the inspector of all areas that contain trade secret information. Any information obtained by OSHA from an inspection of those designated areas will be labeled as “confidential—trade secret” so that unauthorized disclosure of the information will be prevented. Following an inspection, an employer should contact OSHA to ensure that the trade secret information is maintained in a confidential file. Although disclosure of trade secret information generally will be limited to OSHA employees, the information may, if deemed relevant, have to be produced in judicial or administrative proceedings. What Can You Expect? What can employers expect on-site when an OSHA inspector arrives? Here is what is likely: OSHA and EPA inspectors usually know what they’re doing and what to look for. They are not only trained in their jobs, but do homework on your company before they arrive. They will generally have reviewed your accident and medical records on file with the government, as well as the records of the hazardous materials you use and previous inspection reports. In addition, inspectors will look at employer records and reports on work-related deaths, injuries, and illnesses that resulted in medical treatment or work restriction or transfer. • Records review. Inspectors will review the OSHA 300 form and supplementary forms including possible workers’ compensation claim forms and employee medical histories. They will check records of employee exposure to potentially harmful materials, safety training programs, manifests, chemical labels, and posted notices of hazards and safety precautions.
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• Personal protective equipment. Inspectors will check on the use of PPE at the facility, the •
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training of employees to wear that equipment, and the enforcement of its use on the job. Machinery. The inspector will check the machines, equipment, and hazardous materials in your workplace to see that they are in compliance with the law. He or she will look at how you store and handle hazardous wastes and materials, and will check storage containers to see that they meet legal standards. Workers. Inspectors will observe workers to see that they are following safety procedures and are wearing and using required PPE. They may also ask the workers questions that directly relate to the purpose of the inspection. HazCom check. Inspectors will check on compliance with the principal elements of the Hazard Communication Standard. To ensure that the employer has an effective hazard communication program, the inspector will conduct employee interviews and document their responses. The compliance officer will confirm that a written hazard communication program does in fact exist, that there is an inventory of hazardous chemicals used at the site, the existence and availability of MSDSs in the work area, the labeling of in-plant containers and the labeling of containers received from suppliers. Particular attention will be given to the effectiveness of required training, using the employee interviews as a guide. Overall safety and health program. The employer’s overall safety and health program will also come under review and other specific programs (fire, respiratory equipment, etc.) will also be reviewed. For example, a respiratory program, if required, and other personal protective equipment programs may be evaluated. Deficiencies are to be identified and reported. Walk-through. Both the employer and employee representatives have “walk-around” rights to accompany the inspector during an inspection, although employees need not be paid by the employer for this time. Note that an employer is not obligated to demonstrate the operation of any machinery or processes. The inspector will bring OSHA’s own testing equipment and may take photographs of any relevant plant equipment and procedures. He or she will probably take samples of air, water, and soil to see that hazardous material exposure levels fall within legal limits. Employees may be asked to wear air sampling pumps, badges, noise dosimeters, or other sampling devices for specific periods of time so that the inspector can measure the levels of harmful substances in the work environment. Mimic the inspector. During the inspection, an employer should perform the same activities undertaken by the inspector, for example, conducting both air and personal monitoring, taking photographs, and taking notes of the types of measuring instruments and procedures utilized by the inspector.
Closing Conference After the inspection, the inspector will conduct a closing conference with the employer and employee representatives. During this conference, the inspector must advise the employer of any violations observed and explain and provide copies of the regulations allegedly violated. In addition, the inspector must describe abatement requirements, including suggested methods of abatement and time periods within which to accomplish abatement of all alleged violations.
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The employer should not make any statements during the closing conference that could be considered an admission of the violations at issue or could be construed as a limitation of the employer’s right to contest the citation. Admissions of liability may be used against the employer in later enforcement proceedings. Citation, Conference, Contest
After the inspection, the inspector will summarize the findings to the employer, and informally advise the company of any problems. If an inspector finds unsafe exposure levels, unsafe equipment, or anything that he feels poses imminent danger to employees, he can, after informing the employer and affected employees, take steps to eliminate the problem—including ordering evacuation of the area. The findings and recommendations of the compliance officer are reviewed at the office of the OSHA area director, who will issue the citations if they are appropriate. Penalties will be imposed shortly thereafter. Immediately upon receipt, employers are required to post citations in the plant, and have 15 working days to contest a citation or penalty. After the issuance of a citation, the area director of the OSHA region in which the employer is located will hold an informal settlement conference if requested by the employer. The purpose of the informal conference is to discuss the citations, including the existence of a hazard and the amount of proposed penalties and abatement requirements, in the hope of resolving the matter without litigation. To reach settlement agreement, the area director has the authority to modify penalties, abatement actions, and dates, and characterizations of violations (willful, serious, etc.). If no settlement can be worked out, the employer may file a notice of contest with 15 working days of the receipt of the citation, in order to initiate the administrative litigation process. (Or, of course, pay the fine.) Civil and Criminal Penalties
Section 17 of the OSH Act provides for the issuance of civil and criminal penalties ranging, for example, from $7,000 for each violation for a nonserious (“other”) type of violation to 6 months’ imprisonment for falsification of records. Of particular importance is the statutory provision for the issuance of either a “serious” or “willful” violation because these types of violations frequently form the basis of a citation. Under the OSH Act, the Agency is instructed to issue a “serious” violation if there exists a “substantial probability” that death or serious physical harm “could” result from a condition and that the employer did not and could not, exercising “reasonable diligence,” know of the violation. As for a “willful” violation, the OSH Act fails to define the term. OSHA, however, has defined the term to include circumstances in which the employer “committed an intentional and knowing violation of the Act;” was aware that a hazardous condition existed, and did not make a “reasonable effort” to eliminate the condition; and/or was aware that a condition violated a standard or other requirement of the Act and was aware of the standard or other requirement violated. Dealing with Inspectors: How to Handle Yourself
Dealing with investigators requires balance and common sense. Never lose sight of the fact that they are professionals, and that they are looking for information that may not make you or your company look good. On the other hand, inspectors are doing an important job, protecting the health and lives of your co-workers and neighbors. Keep the following guidelines in mind.
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• Call the designated representative. Almost every company has a specific representative desig-
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nated to meet and accompany any inspector who might come to your facility. Find out now who that individual is in your company. Keep his or her name and telephone number where you can always find it, right with the rest of your contingency-plan materials. When an inspector arrives, contact your representative immediately. Never be rude. Even when you think that you should not cooperate, be polite, but firm. Personal animosity will only make a bad situation worse. Be cautious. Never volunteer anything. Never grasp at an opportunity to put yourself or your employer in a good light. Why not? Think about it. How often have you listened to people talk themselves out of a job by responding too carelessly to your carefully crafted questions? The same could be true in this case. Choose your words carefully. If in doubt, you can refuse to answer or cooperate. In most cases, you can ultimately be compelled to respond, but many times the matter will not be pursued. If it is, you’ll have time in the interim to consult with counsel as to the best approach.
What will trigger an expansion to a comprehensive inspection? The inspection will be expanded from a partial tour to a comprehensive inspection, following consultation with the area director, based on the following factors: • Lack of a comprehensive safety and health program. OSHA’s field operations manual guides compliance officers to evaluate the employer’s safety and health program, whether written or not, along the following lines: —the degree to which the employer is aware of potential hazards present in the workplace and the methods used to control them —plans and schedules the employer has to implement engineering or administrative controls —emergency control and evacuation procedures —programs for the selection, use, and maintenance of personal protective equipment. • Significant deficiencies. The inspector will look for significant deficiencies in specific programs such as respiratory protection, hazard communication, fire protection, and wire-rope inspection for cranes. • Serious violations of standards. The inspector will note serious violations of safety and health standards uncovered during the plant tour. —There are concentrations of injuries or illnesses in specific areas of the plant. —There has been a significant past history of serious safety and health violations at the plant. Appeals It is important to remember that should an OSHA inspector issue your firm a citation, all is not lost. OSHA regulations provide an opportunity for management to negotiate or contest the alleged violations. • Informal Discussion. When issued a citation or notice of a proposed penalty, management should give careful consideration to the option of requesting an informal meeting with the OSHA area director to discuss the case. The area director is authorized to enter into settlement agreements that revise citations and penalties to avoid prolonged legal disputes. Area directors can be more responsive to management arguments than OSHA inspectors since the
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inspectors don’t have the authority to settle. Therefore, the informal talk often helps to make this course of action well worth considering. Notice of Contest. In addition to an informal meeting with the OSHA area director, management can formally contest a citation, the time set for abatement of the alleged hazard, or the proposed penalty. This so-called “Notice of Contest” must be submitted to the OSHA area director in writing within 15 working days from the time the citation and proposed penalty have been received from the inspector. OSHA officials stress that an oral expression of disagreement will not suffice. Involving Your Attorney. You should consult your attorney before proceeding whenever the stakes are high, or might be, or if you are not experienced in the appeals process.
Investigate Accidents One of the best ways to prevent accidents is to investigate the causes of the accidents that do occur. A prompt, thorough investigation of any incident, large or small, including near-misses, is an important part of any good safety program. In some ways, a good investigation of a workplace accident resembles a police investigation of a crime. You try to get in and check the scene before anything has been moved or changed, and you try to assemble the evidence and interview the witnesses while the experience is still fresh in their minds. However, you’re not looking for a criminal or trying to blame the accident on anyone. You are trying to find out what happened, why it happened, and how you can prevent another similar accident from occurring. Employee Cooperation
As part of routine training, brief employees on your accident investigation policy. They need to know that their cooperation won’t result in discipline or other punishment. Teach employees to: 1. Always report any accident or near-miss immediately 2. Cooperate with all investigations of any accident in which you were involved, which you witnessed, or where your knowledge of the situation or procedure could be helpful. Investigation Priority
Investigate accidents in the order of their seriousness. Obviously, an accident that causes a death is the first order of priority. After that, the order of seriousness is accidents that result in: • Days away from work • Restricted ability to work • Medical treatment • First aid treatment • Near misses
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Near Misses Investigate all accidents and near-misses, not just the incidents where people get injured and which have to be reported to OSHA. Near-misses are warnings that help us identify problems and patterns that can lead to more serious accidents. By following through on the causes of near misses, we can make changes or corrections that will prevent injuries, illnesses, or damage to equipment. What’s a near miss? Just about anything that makes you say “whew, that was close.” If you slip on spilled liquid but don’t fall, that’s a near miss. It’s a near miss if a box falls off a high shelf but doesn’t hit anyone. If your sleeve catches in a machine but you get it out without getting hurt, that’s a near miss, too. Identifying Hazards A good accident investigation is aimed at discovering what happened, what caused it to happen, and why, and how to prevent future occurrences. The investigation tries to identify the hazards that led to the accident and any other related hazards that could lead to accidents in the future. Investigators approach it like a good detective or investigative journalist, trying to answer these questions: • What happened? • When did it happen? • Where did it happen? • Who was involved? • How did it happen? • Why did it happen? • How can we keep it from happening again? Investigate Immediately To get complete answers to these questions, it’s best to investigate immediately after an accident. Often, more than one factor contributes to an accident, so be thorough and not miss anything that could be important. Take Care of Medical Treatment First When there’s an accident, the first thing you do, of course, is to make sure that anyone who’s injured or ill gets proper medical treatment. If there’s something like a spill or leak, it has to be stopped before it spreads. In some cases, we may have to barricade or rope off an accident site to keep people from harm and to preserve the evidence. Leave the Scene Untouched But aside from taking necessary actions like these, it’s best to leave the accident scene untouched so you can study the evidence. If, for instance, there was a spill, you would want to check the evidence to find out what spilled, where it spilled from and where it went. If a machine was involved, you want to be able to check the settings and materials in the area and whatever else might be relevant. In a more serious accident, you might have to take measurements of the area or even take photos or videos of the accident scene to be studied later.
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Interview Witnesses Another thing to do early in the investigation is to interview people who were present when the incident occurred or who know something useful about the operation, machine, substance, etc. in question. • One at a time. Usually, witnesses are interviewed one at a time right after the incident, often at or near the place where it happened so they can point out or show what they’re talking about. • Right away. Try to get eyewitness reports right away in order to get immediate impressions of what happened before an eyewitness has a chance to confuse it with other similar incidents or with what other people say. • Not a trial. These interviews are not intended to put anyone on trial or to find someone to blame. They’re strictly for the purpose of getting as many facts and as much information on what happened as possible. You may be asked to describe what you saw or heard or experienced. You may even be asked to act out how it happened—without, of course, repeating the accident itself. Typical Questions • What time did the incident occur? • Exactly where did it occur (for instance, at the X machine on the east end of room Y)? • Who was injured or made ill and what was the type and severity of the injury or illness? • How did the accident occur? What were the people involved doing before it happened? What materials or machinery or substances were involved or in the area? What led up to the accident, and what exactly happened during the accident? The answers to these questions will usually involve a sequence of events. For example, a worker turned on a saw, put in a piece of wood, a blade broke, and pieces of wood flew out and injured a worker at the next machine. • What task was an injured person performing and was that his or her regular job? • What actions were taken after the accident? • Who witnessed the accident and what were they doing? Protection Against Hazards Since the purpose of accident investigation is accident prevention, getting the facts is just the beginning. You have to use the facts to find out why the accident happened and then what can be done to prevent future accidents. This can be easier said than done. Many accidents have more than one cause. And sometimes what seem to be causes are actually symptoms of the real problem. Just like sneezing is a symptom, rather than the cause, of a cold, an unsafe act that led to an accident may be a symptom of inadequate training. Or an accident that appears to be caused by a missing machine guard may actually be caused by a machine that’s not working properly or by poor machine design or workplace layout that led someone to remove the guard. In cases like these, we have to deal with the symptoms and the underlying causes.
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Patterns When you keep track of all accidents and their causes, you can often identify patterns. • If a number of people injure their backs lifting boxes, you may need more specialized training on how to lift properly and/or more material handling equipment to reduce the need for manual lifting and/or boxes of a different size or shape that are easier to handle. • If you have several near misses involving spills from similar containers, you may need to consider switching to a safer kind of container or finding a new way to remove liquids from those containers.
Administer Workers’ Compensation Even if workers’ compensation isn’t directly under your supervision, it’s an important part of what you do, because it’s often the most important benchmark for safety progress. It’s probably the most dramatic means for showing that a safety program contributes to the bottom line. What Is Workers’ Compensation?
Workers’ compensation is a type of insurance that covers employees who are injured or who become ill as a result of performing their jobs. Each state has a workers’ compensation law governing the amount of the payments made to eligible employees and detailing the circumstances under which coverages become available. The employer is responsible for paying workers’ comp premiums, and premiums are often adjusted to reflect the frequency of the company’s claims. It is to every employer’s advantage, therefore, to publicize the link between high workers’ comp premiums and accidents on the job. Workers’ compensation can be complex. What happens, for example, if an employee is injured in an automobile accident after working hours while out of town on company business? What if an employee is injured while participating in a company-sponsored recreational activity? What if an on-the-job accident can be traced to employee misconduct? It is vitally important that you study your state workers’ comp law carefully before sitting down to hammer out a policy statement for your organization. What Workers’ Compensation Covers
Although workers’ compensation is governed primarily at the state level, states are generally similar in the type of coverage they offer. • Typically, workers’ compensation covers the cost of medical care including rehabilitation and needed medical equipment such as crutches or artificial limbs. • Cash payments are usually made during the period employees are unable to work. Calculations of this amount, dates, and duration vary from state to state, as does the effect of other types of payments. • A death benefit is typically paid to survivors of employees whose death is job-related. • In cases of pre-existing injuries or second injuries, former employers or the state fund may pay part of the cost of treatment.
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Exceptions to Coverage: In most states, there are certain circumstances in which payments will not be made. Typically not covered, for example, would be: • Willful acts of the employee • Injuries resulting from intoxication • Injuries resulting from fighting • “Going and coming” injuries. Typically, injuries sustained while en route to and from work are not covered, unless the worker is performing some errand related to work. Generally, when employees are injured, they file for workers’ compensation and the workers’ compensation agency pays their bills. Employers pay into the program based on their claims history. Workers’ Compensation Policy Points to Ponder
The basic points a policy statement on workers’ comp might cover are listed below. • Applicable state law. You may want highlight coverages for industrial injuries and occupational illnesses, “waiting period” in the state before benefits are paid, and the current amount of weekly indemnity benefits paid. • Benefits. What are the amounts of workers’ comp benefits? How are payments calculated? What are the limitations on the amounts that an employee can receive? • Exceptions. There are exceptions to coverage. For example, injuries incurred in an accident that is due to an employee’s intoxication or flagrant abuse of work rules may not be covered. • Claim procedures. What are the procedures that must be followed when an employee is injured on the job? These can be broken down into two parts: the responsibilities of the supervisor and the responsibilities of the human resources department or the person in the company who is in charge of dealing with workers’ compensation claims. What forms are required, who completes them, where they go? • Maintenance of other benefits while on leave. If an employee is out of work for an extended period of time, will the company continue to maintain his or her participation in other benefit programs? If some of these benefits require an employee contribution (for example, health insurance), must the employee pay this out of his or her workers’ comp benefits or will the company pay the full amount for the duration of the leave? If the employer advances the employee’s regular salary while on injury leave, what arrangements are made to turn over workers’ compensation payments to the employer? • Procedures governing return to work. If an employee is out of work for an extended period of time, will his or her old job be kept open? What medical check is required before the employee is permitted to return to work? What if the employee is able to return to work but is no longer physically able to handle his or her old job? See a sample workers’ compensation policy in Appendix D.
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Consider Light-Duty Programs Given the variety of state and federal laws that require employers to give employees time off from work, and given benefits such as short-term disability and workers’ compensation that provide compensation to employees who are off from work for certain injuries, many employers are developing programs that require employees to return to work at “light duty” jobs. These policies need to be designed to comply with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Essentially, employers are requiring employees who are able to work to return to part-time or temporary positions rather than providing benefits for paid time off under short-term disability, long-term disability, or workers’ compensation. Such policies can be used to reduce the abuse of leave policies by employees. Furthermore, if the employee truly does not wish to work, a return-to-work policy provides a mechanism to classify the employee as having abandoned the job. By creating a consistent system of policies regarding return to work, employers can guard against discrimination claims. The following material will aid you in designing your policy. • General policy. Employers should require employees on a leave to routinely report their status. For example, have they been released for “light duty”? • Definitions. Terms such as “light duty” should be defined. Does that mean fewer duties? Fewer hours? Both? You may want to use other terms, such as “reduced duties” to indicate the position has fewer duties or “restricted duties” to indicate that the job entails less strenuous duties. “Reduced hours” can be used to describe fewer hours or intermittent hours. • Physical examinations. The employer should require employees to submit to a medical examination, paid for by the employer, to confirm that the employee is not available for any type of work. If an employee is released to “light duty” and the employee’s physician refuses to provide adequate information regarding the work restrictions, the employer should have the right for its own physician to examine the employee—at the employer’s cost—to establish any work-related restrictions. • Detail restrictions. Your policy should provide that the employee has a duty to advise you of any restrictions. You may need to give the individual’s job description to his or her treating physician and ask the physician to indicate which activities cannot be performed or if there are limits on any activity. • Coordination with other policies. The return-to-work policy should be coordinated with such policies as required by the ADA and FMLA. For example, under FMLA regulations, an employer cannot require a physical examination more often than every 30 days. Additionally, the return-to-work policy should be coordinated with any short-term or long-term disability program, any workers’ compensation claim, and any rehabilitation program. • Type of work. Your policy should describe what type of work is available for employees who are able to return to duty on a limited basis. To illustrate, are all positions available for restricted duty? Are there certain positions that are not available for restricted duty? Does any law require you to provide certain types of work? • Compensation. What will you pay the person while on leave? The rate the individual is normally paid? The rate for the job? State or federal law may require you to pay the same rate.
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• No guarantees. Unless otherwise required by applicable law, employers should not guarantee
•
• •
•
•
•
that work will be available to any employee on a leave of absence who is now available for restricted duty work. Employers should avoid the need to create work for an employee. On the other hand, if employees are being paid for their time off, such as under workers’ compensation or short-term disability, employers may want to obtain some productivity from that individual. Failure to report. If an employee is qualified for a position and has a physician’s release to do that type of work, then your policy should address what occurs if the employee refuses or fails to report to work. For example, the employer can treat this as job abandonment. However, a federal or state law may prohibit you from requiring an employee to accept restricted duty. Maximum time period. Your policy should state a maximum time for which an employee will be permitted to work in temporary positions or restricted duty positions. Duration. In addition to a maximum time period for duration of restricted duty assignments, employers need to consider other aspects. Your policy should provide that once the employee is available for unrestricted work, the temporary job ends. Similarly, if the employee is subject to being laid off or discharged for violation of a company policy, the temporary position should end on such an event. Eligibility. Employers may not want to provide restricted duty or temporary work to all employees. Employers may wish to restrict eligibility to those employees who have received an approval from a physician to return to work. Other potential eligibility criteria are employees who have sustained an injury in the course of working for the company, employees eligible for a paid leave of absence, employees receiving short-term disability, employees receiving long-term disability, or employees receiving other company compensation. Keep in mind that limiting eligibility for restricted duty could violate a discrimination law. Procedures. Your policy should detail who will determine the parameters of the temporary job. Is it the personnel department? Is it the supervisor? Is it a combination of the supervisor and the personnel department? The issues that need to be addressed are items such as the employee’s schedule, performance reviews, salary reviews, and rate of pay. Benefits. Your policy should state whether employees who are returning to work on a parttime or temporary basis are entitled to benefits such as the accrual of vacation pay, paid holidays, the accrual of sick time, etc.
Legal Points • ADA. This federal law or a similar state law may require you to offer light duty. Even when your policy places a limit on the amount of time that can be spent in “light duty,” the ADA may require you, as a reasonable accommodation, to extend that time. • FMLA. This federal law does not allow you to require an employee to accept light duty. However, when the employee requests intermittent leave, you can transfer the person to a position that creates the least disruption for you, the employer. There are restrictions on this transfer right. • State leave laws. State family or medical leave laws may require you to allow more intermittent leave than under the FMLA or may create other restrictions on light-duty positions.
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• Workers’ compensation. State law may require you to hold the employee’s job open. It may
• •
reduce the employee’s benefits if you offer restricted work, reduced hours, or reduced duties and the employee refuses the position. If you refuse to allow an injured employee to return to work, you may face a claim of workers’ compensation discrimination. State pregnancy laws. State law may require you to allow pregnant employees to take intermittent leave or to reduce duties. Usually, pregnancy is not a disability, so normally the ADA and state disability discrimination laws do not apply. Discrimination. If restricted duties or reduced hours are offered only to certain employees, and if this practice has an adverse impact on protected groups, you may face a charge of discrimination.
Other Issues to Consider • Cost. As you design your policy for restricted duty or return to work, you should keep in mind whether it is saving you money or costing you money. For example, if the time spent by supervisors administering the program is excessive, you may not be gaining any benefit from the program. • Employee morale. Ideally, a return-to-work program encourages employees to return to work as soon as they are able and discourages “goldbricking.” Employee morale is often harmed when employees begin to perceive that co-workers are taking advantage of the system, i.e., being paid for time off when they are capable of working, and the employees at work are having to bear the added burden of performing the task usually done by the absent employee. Additionally, the temporary work can be a source of income for those employees who do not have other sources of income. • Consistency. Care must be taken as you design your policy to write one that can be enforced consistently.
Next Steps Safety management is a challenging but very fulfilling responsibility. The materials in this book— and don’t forget the helpful appendices—will get you started in a practical and effective way. Keep these pointers in mind. • Insist on support and resources from management • Be very careful of your time and make use of your safety committee and other individuals to help shoulder the safety management load. • Get managers and supervisors on board for safety. They have to be serious about it. • Be your organization’s advocate, gadfly, ombuds for safety. • Put safety out front in meetings, publications, discussions, agendas, wherever you can. You can’t emphasize it enough.
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Appendices—Safety Program Resources The appendices provide a quantity of field-tested materials that will be a very practical source of assistance in setting up and improving a safety program. The following appendices are included in the book. Electronic versions of these materials can be found in the Managing Safety from the HR Desk CD that accompanies this product. The CD versions are particularly helpful when you want to customize these materials for use within your organization. Appendix A. Safety and Health Resources on the Internet Appendix B. State Safety Programs Appendix C. Model Safety Programs Appendix D. Model Safety Policies Appendix E. Master Training Guide for 29 CFR Appendix F. Model Safety Checklists and Training Guides Appendix G. How to Create a Disaster Plan
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Appendix A
Safety and Health Resources On the Internet The Internet is an indispensable source of environmental, health, and safety information, and a major pipeline for acquiring various agency standards, policies, and contacts. So if your facility is appropriately equipped, you should be able to tap a rich vein of useful material. In this section we present some of the tools and features available and a number of specific contacts that should prove helpful. What’s with the Web?
The World Wide Web (Web) is an endless source of information. Caution: Not everything on the Web is fully researched or frequently updated. To keep up-to-date on safety information and breaking news from OSHA, check out the safety and health section on BLR’s website at http://.safety.blr.com. You will find news, items, hot topics, frequently asked questions, free tools, and much more. OSHA’s home page is www.osha.gov. In addition to the full text of 29 CFR, this site provides links to Federal Register entries on safety and health issues before they are codified, including the preambles that go along with the final rules—which are worth reviewing because they explain and interpret a lot of background, such as significant comments received during the review period and why certain decisions were made. There are also interpretations of most standards and answers to frequently asked questions. Another very useful site is the Government Printing Office Access Page at http://www.access.gpo.gov. This site allows you to search databases that include the Code of Federal Regulations, the Federal Register, the United States Code, and the General Accounting Office “blue book” reports. The Federal Register can also be accessed free online at http://www.access.gpo.gov/fr/index.html. Individual states have their own home pages on the Web. Many of these addresses are relatively simple, as http://www.hawaii.gov or http://www.state.nj.us. Most also have various “subaddresses” for their labor or environmental protection departments. Because there has been explosive expansion in the use of the Web as an advertising medium, hundreds of manufacturers also have sites that may showcase products or from which you can download material such as equipment specifications, MSDSs, or the answers to FAQs. Here is a list of various sites you might want to try.
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EHS Training and Compliance Materials URL Address Business & Legal Reports, Inc. ............................................................http://safety.blr.com Federal Bureau of Labor Statistics..........................................................http://stats.bls.gov Congress Legislative Information (“Thomas”) ..................................http://thomas.loc.gov Department of Labor............................................................................http://www.dol.gov Environmental Protection Agency ......................................................http://www.epa.gov Government Printing Office ....................................................http://www.access.gpo.gov National Institute of Occupational Safety and Health ................http://www.cdc.gov/niosh Occupational Safety and Health Administration ................................http://www.osha.gov The White House....................................................................http://www.whitehouse.gov U.S. House http://www.house.gov U.S. Senate http://www.senate.gov State and Other Sources The following will link you to websites where you can access Web pages for individual states and more: http://www.statelocalgov.net
Associations URL Address American Association of Occupational Health Nurses......................http://www.aaohn.org American College of Occupational and Environmental Medicine ..http://www.acoem.org American Industrial Hygiene Association ..........................................http://www.aiha.org American National Standards Institute ..............................................http://www.ansi.org American Petroleum Institute ..............................................................http://www.api.org American Society for Testing and Materials ......................................http://www.astm.org American Society of Mechanical Engineers ........................................http://www.asme.org American Society of Safety Engineers ..................................................http://www.asse.org American Welding Society ..................................................................http://www.aws.org Compressed Gas Association..........................................................http://www.cganet.com National Fire Protection Association ..................................................http://www.nfpa.org National Safety Council........................................................................http://www.nsc.org Society of Automotive Engineers ..........................................................http://www.sae.org Voluntary Protection Program Participants’ Association..................http://www.vpppa.org
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Appendix B
State Safety Programs This appendix will help you to assess what state regulations may apply to your workplace. The following states have approved state plans: • Alaska • New Mexico Arizona • • North Carolina • California • Oregon • Hawaii • Puerto Rico Indiana • • South Carolina • Iowa • Tennessee • Kentucky • Utah Maryland • • Vermont • Michigan • Virginia • Minnesota • Washington Nevada • • Wyoming Connecticut, New Jersey, New York, and U.S. Virgin Islands plans cover public sector (state and local government) employment only. Private sector employment is covered under federal OSHA. The federal Occupational Safety and Health Act (OSH Act) and the regulations adopted under it form the basic standards for workplace safety and health in private sector (private businesses and nonprofit organizations) workplaces. The states are permitted to adopt standards of their own, but they must have formal approval from the federal Occupational Safety and Health Administration (OSHA) to do so, and the state standards themselves must be at least as stringent as the corresponding federal provisions. By gaining federal approval a state earns the right to enact its own requirements, including standards in areas not covered by the federal laws, and to use its own resources and personnel to enforce them. States with approved regulatory programs are known as “state-plan states.” The provisions of their laws and regulations are summarized here. The prerequisites for federal approval are that the state designate an agency to administer the program, develop standards that are sufficiently stringent (some states simply adopt federal standards as soon as they are issued), create a legal right of entry for state inspectors, agree to develop an effective health and safety program for state and local employees (who are not covered by OSHA), and ensure that all reporting requirements are satisfied. This table provides only an outline of the actual standards. There are hundreds of specific requirements for particular industries, as well as for particular types of workplaces, work practices, and types of
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equipment. In addition, every state-plan state has adopted a version of OSHA’s general duty clause, which requires employers to furnish a workplace that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” In combination with the more specific requirements, these general duty provisions extend legal coverage to job hazards that might otherwise escape regulation. The table in this section describes the core federal safety and health rules that all private and public sector employers in state plan states must follow, and descriptions of state rules that are more stringent than corresponding federal rules. All of the states that are listed are state plan states. Private sector employers in all other states must follow federal rules. Note: You will find links to state-plan websites on www.osha.gov. Click on State Partners in the left navigation bar.
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Ariz.
Alaska
Occupational Safety and Health Administration (OSHA)/U.S. Dept. of Labor
Fed.
Same as federal.
§18.60.030, §18.60.058
State follows federal rules, except that an employer must report hospitalization of one or more employee(s) no later than 8 hours to nearest office of state OSHA with details; must post the state poster "Safety and Health Protection on the Job."
29 CFR §1903.2, 1904.29 to 1904.39; 29 USC §657, §658
Employers with 11 or more employees must record all occupational injuries and illnesses within 7 working days after notice, keep records on calendar year basis (Form 300 or equivalent), make a supplementary record for inspection (Form 301 or workers' comp or insurance forms), post annual summary at the workplace (Form 300A), and keep records for 5 years. If a workplace accident is fatal, or involves 3 or more hospitalized employees, the employer must report the fatalities/injuries to the regional OSHA office within 8 hours. The employer must record employee exposures to potentially toxic materials or harmful physical agents required to be monitored, notify employees of potential exposure, inform of corrective action. Notice of employee rights under OSH Act must be posted in workplace.
Recordkeeping, Reporting, and Posting Requirements
Ariz. Rev. Stat. Ann. §23-401; Ariz. §23-427 (A) and (B); R20-5-602, R20-5-609, R20-5Admin. Code R20-5-601 et seq. 629
Div. of Occupational Safety and Health/Industrial Commission
Alaska Stat. §18.60.010 et seq.; AK Admin. Code Tit. 8 §61.010 et seq.
Div. of Labor Standards and Safety/Dept. of Labor & Workforce Development
OSH Act of 1970, 29 U.S.C. 651 et. seq., 29 CFR §1900 et seq.
Administering Agency
State
Appendix B: State Safety Programs
§23-408, §23-415, §23-417; R20-5-610-614
Same as federal.
§18.60.093, §18.60.088, §18.60.083
Same as federal.
29 CFR §1903.1 to 1903.22; 29 USC §657, §658, §659
An OSHA inspector may enter a workplace without notice, inspect conditions, structures, equipment, materials, etc., privately question the employer, owner, operator, agent, employee, subpoena witnesses. If not admitted, inspector may apply for search warrant. If imminent danger situation found, employer will be asked to voluntarily abate/remove endangered employees, or OSHA will enjoin. If employee believes imminent danger or violation of standard threatens physical harm, he/she may request inspection. If citation issued, it must be specific, must be posted at or near place of violation. Employer has 15 working days to contest.
Inspection and Investigation
§23-418, §23-418.01
State follows federal, with additional requirements. Willful or repeated violations, if fatal, are a class 6 felony; for 2nd or subsequent violation, class 5 felony (and possible $25,000 for each death or injury). Unauthorized advance notice of inspection or false statement is a class 2 misdemeanor.
§18.60.085, §18.60.095
Same as federal and an unauthorized advance notice of inspection carries a maximum $7,000/180 days or both.
29 CFR §1903.15; 29 USC §666
Serious violations and posting violations, a penalty is mandatory, nonserious violations, penalty is optional, both maximum $7,000. Willful or repeated violations, maximum $70,000, causing death, $10,000/6 months’ imprisonment or both, 2nd conviction after prior death conviction maximum $20,000/1 year or both. Failure to correct a violation, maximum $7,000 daily, beyond abatement date. Falsifying records, $10,000/6 months or both. Assaulting compliance officer, maximum $5,000 and 3 years. Unauthorized advance notice of inspection, maximum $1,000/6 months or both.
Penalties
Same as federal.
§23-410; R20-5-602
§18.60.066 to §18.60.068; AK Admin. Code Tit. 8 §61.1110
Same as federal, with additional requirements. Employers must maintain physical data sheets for hazardous physical agents (e.g., heat stress, cold stress, vibration and noise hazard); must post "It's Your Right To Know About Toxic and Hazardous Substances," available from Division, and either a list of toxic and physical hazards, or chemical and physical data sheets.
29 CFR §1910.1200
Employer must establish a written, comprehensive hazard communication program, including provisions for container labeling, forms of warning, material safety data sheets (MSDS), and employee training and education.
Right to Know
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Iowa
Ind.
Hawaii
Div. of Occupation Safety and Health (Cal/OSHA)/Dept. of Industrial Relations
Calif.
Iowa Code Ch. 88; Iowa Admin. Code §875-2.1(88) et seq.
Div. of Labor Services/Dept. of Workforce Development
Ind. Code §22-8-1.1 et seq.; Ind. Admin. Code Tit. 620 §1-1-1 to §1-1-32
Occupational Safety and Health Division (IOSHA)/Indiana Dept. of Labor
Hawaii Rev. Stat. §396-1 et seq.
Occupational Safety and Health Division/Dept. of Labor and Industrial Relations
Labor Code §6300 et. seq.; CCR Tit. 8
Administering Agency
State
Inspection and Investigation
Same as federal.
§88.5, §88.6, §88.7
§22-8-1.1-43.1, §22-8-1.1-25.2; Ind. Admin. Code Tit. 610 §9-2-3 and §9-3-1
Same as federal and the employer must report deaths and hospitalizations within 48 hours to Comm. of Labor; must report to federal OSHA within 8 hours.
§396-4, §396-6, §396-7
Same as federal. Employers must post "Safety and Health Protection on the Job," informing employees of their rights and obligations under the Act.
§6408, §6318, §6409.1, §6411, §6328; CCR Tit. 8 §14300 to §14400; CCR Tit. 8 §3204
§396-4, §396-10
Same as federal.
§88.8, §88.7, §88.6
§22-8-1.1-23.1, §22-8-1.1-25.1, §22-8-1.1-43.1, §22-8-1.1-28.1 et seq.; Ind. Admin. Code Tit. 610 §9-2-4 to §9-2-8
Same as federal.
Same as federal.
§ 6309, §6314, §6317 to §6319, §6314.1;
Same as federal, with several additional Same as federal. requirements. The summary of illness and injury forms (Form 300A) must be presented or mailed to employees who do not report weekly to a location where the summary is posted. Employers must use state reporting forms or equivalent. Employers must report injuries requiring serious medical treatment, and serious illness or death immediately to Cal/OSHA. Employers must maintain records of steps taken to implement their illness and injury prevention program, including types of employee training, training dates, and list of trainers.
Recordkeeping, Reporting, and Posting Requirements
Safety 101: How to Establish and Run a Workplace Safety Program
§396-10
Same as federal.
§88.14
§22-8-1.1-24.2,§22-8-1.1-27.1§22-8-1.1-49 Ind. Admin. Code Tit. 610 §9-2-8
Same as federal; unauthorized advance notice of inspection is a Class B misdemeanor.
Same as federal.
§6321, §6423 to §6433
Same as federal, and state penalties for willful or repeated violations are numerous and stricter than federal penalties. For example, if fatal, or causing prolonged impairment, maximum $100,000/1 year imprisonment or both, and up to $1.5 million for a corporation; if 2d violation after conviction, maximum $250,000/1+ years or both, and up to $3.5 million for a corporation, and can be prosecuted under Penal Code also. Failure to correct violation, maximum $15,000 daily. False statement, maximum $70,000/6 months.
Penalties
§22-8-1.1-17.1
§396-7
§88.5, §89B.8(1); Iowa Admin. Code §875-3.22
The employer may present the training program to the employee in any format; but mustpreserve a written summary and synopsis of the training, a cassette tape recording of an oral presentation, or a videotape recording of an audio-video presentation of the training, and must allow employees and their designated representatives access to the written synopsis, tape recording, or videotape recording.
Same as federal.
Same as federal.
§6401.7, §6398, §142.3(d); Tit. 8 §5194
Same as federal, with additional rules that are stricter than federal. Material safety data sheets required to contain Chemical Abstract Service names; the specific potential health risks of each chemical must be described in lay terms; trade secret information must be provided to safety professionals who sign confidentiality agreements. All aboveground piping systems transporting hazardous substances must be identified with labels, color-coding, or tags. All training materials must be understandable.
Right to Know
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Minn.
Mich.
Md.
Occupational Safety and Health Program/ Kentucky Dept. of Labor
Ky.
Minn. Stat. §182.65 et seq.; Minn. R. 5205.0010 et seq., 5206.0100 et seq., 5210.0005 et seq.
Occupational Safety and Health Administration (MNOSHA)/Dept. of Labor and Industry
Mich. Comp. Laws §408.1001 et seq.
Occupational Safety and Health Administration (MIOSHA)/Dept. of Labor and Economic Growth
Md. Code Ann. Lab. & Empl. §5-101 et seq.
Division of Labor and Industry/Department of Labor, Licensing, and Regulation
KY Rev. Stat. Ann. §338.011 et seq.; KY Admin. Code Tit. 803 §2:010 et seq.
Administering Agency
State
§5-701 et seq., §5-104
§182.658, §182.66, §182.663; 5210.0420, 5210.0630, 5210.0670
Same as federal.
§ 408.1011, § 408.1014j, §408.1033, §408.1061, §408.1067; Mich. Admin. Code §408.22101 to §408.22162
Same as federal; employers may use the MIOSH illness and injury recordkeeping forms. Employer must post signs that describe where to find MSDSs and that an employee may obtain a copy of the MSDS from the state department of health.
Same as federal.
§338.161; KY Admin. Code Tit. 803 §2:180
Same as federal.
Recordkeeping, Reporting, and Posting Requirements
Appendix B: State Safety Programs
§5-205 et seq.
§182.659, §182.661, §182.66; 5210.0470, 5210.0530, 5210.0536
Same as federal.
§408.1028, §408.1029, §408.1033, §408.1041
Same as federal.
Same as federal.
§338.101, §338.121, §338.131, §338.141; KY Admin. Code Tit. 803 §2:070 et seq., §2:120, and §2:127
Same as federal.
Inspection and Investigation
KY Admin. Code Tit. 803 §2:062
Adopted federal rules, and additional rules that are stricter than federal. Labeling requirem ent applies to piping. Signs must be posted throughout workplace, and include location of MSDSs and name of person from whom to obtain them.
§5-309, §5-405 to §5-407, §5-505, §5-701; Code of Maryland Regulations 09.12.33
Similar to federal with several stricter rules. Wood products and analytical/research laboratories are not exempt from hazard communication rules. Employers must maintain a chemical information list, and submit a copy to MDE within 15 days of any revisions. Employer must maintain MSDS on each chemical, plus employee training records.
Same as federal.
Right to Know
§182.666, §182.667
§182.653; Minn. R. §5206.0700
Training for employees routinely exposed to infectious or physical agents (heat, noise, radiation) ans hazardous substances. Physical agents must be labeled. Employer must establish a written accident and injury reduction program. Dates of all training, name/title of trainer, and names/titles of employees who completed training, and summary of course content must be maintained for at least 3 years. Annual refresher training required.
§408.1035 §408.1067, §408.1014a et seq.; Mich. Admin. Code §325.77001 to §325.77003
§5-804, §5-805, §5-810, §5-806
Similar to federal, with several additional penalties stricter than federal. For example, if serious or willful violation causes death, maximum $25,000 or $50,000, depending on nature of violation. Willful or repeated violations subsequent to a first conviction, maximum $100,000/ 1 year, or both. Unauthorized advance notice of inspection, maximum $3,000/6 months, or both. False statement, gross misdemeanor, maximum $20,000/6 months or both.
Same as federal.
Same as federal.
§338.991; KY Admin. Code Tit. 803 §2:115
Same as federal.
Penalties
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Ore.
N.C.
N.M.
Div. of Industrial Relations/Dept. of Business and Industry
Nev.
Or. Rev. Stat. §654.001 et seq.; Or. Admin. Rule §437-001-0001 to §437081-2305
Occupational Safety and Health Division (OR-OSHA)/Dept. of Consumer and Business Services
N.C. Gen. Stat. §95-126 et seq.
Occupational Safety and Health Division/Dept. of Labor
N.M. Stat. Ann. §50-9-1 et seq.
Occupational Health and Safety Bureau (OHSB)/New Mexico Environment Dept.
Nev. Rev. Stat. Ch. 618
Administering Agency
State
§95-143
§50-9-11, §50-9-19
§654.120, §654.071(6), §654.196
Same as federal, and employers must keep written records of safety committee meetings.
Same as federal.
Same as federal.
§618.345, §618.370 , §618.375, §618.378, §618.380
Same as federal.
Recordkeeping, Reporting, and Posting Requirements
Same as federal.
Same as federal.
Same as federal.
§654.062, §654.067, §654.071
§95-136 et seq.
§50-9-10, §50-9-18, §50-9-17
§618.325(2)(b), §618.425(1), §618.465, §618.475, §618.545
Same as federal.
Inspection and Investigation
Safety 101: How to Establish and Run a Workplace Safety Program
§50-9-24
§50-9-5.1, §50-9-11
N.C. Gen. Stat. §95-143, §95-173 et seq., §95-191 et seq.
Same as federal.
Same as federal.
Nev. Rev. Stat. §618.295, §618.380, §618.376, §618.383
Same as federal.
Right to Know
§654.086, §654.991
§654.196; Oregon Admin. Rule §437-002-0378
Serious violation, mandatory, minimum $50. False Employer must label piping systems to provide statements, civil penalty minimum $100, maximum notice about hazardous chemicals in the system, or $2,500. Unauthorized use of machine or equipment that uses asbestos as insulation. after red warning notice posted, minimum civil penalty $100, maximum $5,000. Violation of posting requirements, maximum civil penalty of $1,000. Failure to provide adequate sanitation facilities for workers harvesting food crops, minimum $250, maximum $2,500. Criminal punishment under section does not affect civil liability.
§95-138, §95-139
Same as federal. Assault or killing of inspector, general criminal prosecution.
Same as federal.
§618.625 to §618.715
Same as federal, with added stricter penalties. Serious violation, if causes death, maximum $50,000/6 months’ imprisonment or both; if 2d conviction, maximum $100,000/1 year or both. Unauthorized advance notice, maximum $2,000/6 months, or both. False statement, maximum $20,000/6 months, or both. Refusal to submit records for inspection, mandatory $200. If a violation continues past the abatement date, each day’s continuance counts as a separate offense.
Penalties
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Vt.
Utah
Tenn.
Division of Occupational Safety and Health/Dept. of Labor, Licensing and Regulation
S.C. Same as federal.
Recordkeeping, Reporting, and Posting Requirements
§41-15-260, §41-3-70, §41-15-310
§50-3-301, §50-3-303, §50-3-304, §50-3-307
Same as federal.
Each employer must have available for inspection Same as federal. an OSHA Form 301 at each establishment within 6 working days after receiving information that a recordable case has occurred. Each employer must notify UOSH of any work-related fatalities; disabling, serious, or significant injury; and occupational disease incident within 12 hours of occurrence at 801-530-6901. The federal standard for reporting is 8 hours.
§50-3-701, §50-3-702; Tenn. Rule §0800-1-3-.05
Same as federal. Workplace fatalities and multiple hospitalization accidents must be reported to TOSHA in person or the toll-free central telephone number at 800-249-8510.
Same as federal.
Inspection and Investigation
Vt. Stat. Ann. tit. 21, ch. 3 §201 et seq.; tit. 18 ch. 28 §1415 et seq.
Occupational Safety and Health Same as federal. Administration (VOSHA)/Dept. of Labor §228
Same as federal. §206, §225(a), §226(b)
Utah Code Ann. §34A-6-101 et. seq.; §34A-6-301; Utah Admin. Code §614-1-5, §614-1-7, §34A-6-301, §34A-6-302, §34A-6-303; Utah Admin. Utah Admin. Code §614-1-1 et seq. and §614-1-8 Code §614-1-7
Division of Occupational Safety and Health (UOSH)/Labor Commission
Tenn. Code Ann. §50-3-101 et seq.
Tennessee Occupational Safety and Health Administration (TOSHA)/Dept. of Labor & Workforce Development
S.C. Code Ann. §41-15-10 et seq. §41-15-100, §41-15-90, §41-15-280; S.C. Rule §71300 to 71-346, and Rule §71-600
Administering Agency
State
Appendix B: State Safety Programs
§41-15-320,
Same as federal. §210
§34A-6-307
Same as federal, with additional penalties. Serious violation, minimum $250. Unauthorized, advance notice of inspection, Class A misdemeanor. False statement, Class A misdemeanor.
§50-3-403 to §50-3-504
Same as federal, with additional penalties. Criminal penalties: Willful violation resulting in death, Class A misdemeanor. Unauthorized, advance notice of inspection, or false statement, both Class C misdemeanors. Unauthorized disclosure of trade secret information, Class A misdemeanor.
Same as federal.
Penalties
§41-15-100
Same as federal.
Same as federal.
§224(c), §228
Utah Admin. Code §614-1-4
§50-3-203, §50-3-2001 et seq.; Tenn. Rule §08001-9-.03
Same as federal, with additional requirem ents. Work areas where non-containerized hazardous chemicals are generated or produced as a result of the process or operation (e.g., welding fumes) must have a sign or placard identifying the hazardous chemical(s) and appropriate hazard warnings. Employees are not required to work with a hazardous chemical from an unlabeled container or in an unmarked work area containing a hazardous substance produced as a result of the process or operation, except for chemicals transferred into portable containers for immediate use.
Same as federal.
Right to Know
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Wyo.
Wash.
Dept. of Labor and Industry
Va.
Wyo. Stat. §27-11-101 et seq.
Occupational Health and Safety Division/Dept. of Employment
Wash. Rev. Code §49.17.010 et seq.; Wash. Admin. Code §296-800-100 et seq., §296-24-005 et seq., §296-62005 et seq.
Dept. of Labor and Industries
Va. Code Ann. §40.1-49.3 et seq.
Administering Agency
State Inspection and Investigation
Wyo. Dept. of Empl., Occup. Health & Safety Rules of Prac. and Proc. Ch. 6
Same as federal.
§49.17.220; Wash. Admin. Code §296-27-00101 et seq., §296-802-400, and §296-800-180
Same as federal.
§40.1-51.1; Va. Admin. Code Tit. 16 §25-85-1904, and §25-80-10
Same as federal. §27-11-108, §27-11-106
§49.17.100, §49.17.120, §49.17.070, §49.17.110, §49.17.130, §49.17.140; §296-900-120 et seq.
Same as federal.
§40.1-49.4, §40.1-49.8, §40.1-49.9, §40.1-51.1(e), §40.1-51.2
Same as federal, with additional requirements for Same as federal. access to medical records. Employers must preserve first-aid records, and the records of employees who have worked less than 1 year. Whenever an employee or designated representative requests access to a record, the employer must provide it no later than 15 days after the request for access is made. There is no state provision for any delay as allowed in federal law. Whenever access to records is requested, the employer must provide access to chemical or physical agent identities including chemical names, levels of exposure, and employee health status data contained in the requested records. The em ployer may require, as a condition of access, that the employee or designated representative agree in writing not to use the trade secret information for the purpose of commercial gain and not to permit misuse of the trade secret information by a competitor or potential competitor of the employer.
Recordkeeping, Reporting, and Posting Requirements
Safety 101: How to Establish and Run a Workplace Safety Program
§40.1-51.1 Workplace chemical survey or MSDS must be available to employees without delay during each work shift upon request. Upon request, information must be translated into any of 5 foreign languages most commonly used in workplace. Information and training to agricultural workers at time of initial assignment and when new hazard introduced in work area. Employees or representatives must be allowed to observe measuring or monitoring of toxic materials, harmful agents, have access to records that indicate exposure. Employer must promptly notify employees exposed to toxic materials or harmful agents at levels exceeding those prescribed, and inform of corrective action.
Same as federal.
Right to Know
Same as federal. §27-11-107, §27-11-108
Same as federal.
§49.17.180, §49.17.190; §296-900-140 et seq. §49.70.105, §49.70.115, §49.17.220; §296-307-560 et seq., §296-800-170 et seq.
Same as federal, with additional penalties. Minimum $100 for any penalty. If knowing and willful violation results in death, gross misdemeanor, maximum 6 months’ imprisonment/$100,000 or both; if 2d conviction, $200,000/1 year or both. Violation of restraining order, gross misdemeanor, $10,000/6 months or both. Removal of safeguard, misdemeanor, $1,000/90 days or both. Regulations describe the methods for calculating penalty amounts.
§40.1-49.4, §40.1-51.3:1, §40.1-51.4:2
Same as federal.
Penalties
Appendix C
Model Safety Programs This appendix presents three examples of a model safety program. It should help stimulate your thinking about what your program should contain. No two safety programs will be alike, because no two operations are exactly alike. Your program should be developed from a study of your hazards, your perceptions of likely problems and emergencies, and the types and variety of jobs in your workplace. The ideas presented below are designed to give you some framework in which to formulate your program.
Model Safety Program #1 B&B Manufacturing Company Safety Program Model Safety Program #2 TITLE: XYZ COMPANY SAFETY AND HEALTH PROGRAM Model Safety Program #3 TITLE: ABC COMPANY SAFETY AND HEALTH PROGRAM
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Model Safety Program #1 B&B Manufacturing Company Safety Program
Safety at B&B Safety in all aspects of our work is a top priority at B&B. To ensure that all employees are encouraged to do their jobs safely, we have established the B&B Manufacturing Company Safety Program. This program spells out what we do to make this a safe place in which to work. Remember, though, the most basic rule: Safety is up to you! You must observe the rules of safety, every time you come to work, every job you do, every piece of equipment you handle. Safety Program Philosophy. The B&B Manufacturing Company holds safety in all operations and activities to be of primary importance. Accordingly, employees will be trained in the safe performance of their jobs and will perform their jobs in a safe manner at all times. Policy. The safety policy stresses the importance of safety and spells out expected standards of safe conduct. Regulations. Regulations from government and other agencies, particularly OSHA, dictate many standards of performance. Employee Responsibility. Ultimately, it is the employee’s responsibility to carry out the job in a safe manner. Elements of the Program Training. Training is given to all employees and covers general safety aspects of the job and work area, such as fire and evacuation procedures, as well as particular safety aspects of each employee’s job. Supervision. Maintenance of our high standards of safety is a top priority of every supervisor in this organization. Supervisors are trained to observe, inspect, and correct any and all safety violations. Motivation. The company has several motivation programs designed to encourage safe behavior in the organization. Incentives. Monetary and gift incentive programs are offered facilitywide as well as departmentally. Inspections. Inspections are made frequently by supervisors, members of the safety staff, and members of the executive office. Discipline. Instances of unsafe work practices will be dealt with seriously. Discipline according to company policy (“firm and fair”) is to be expected for infractions of safety rules. Safety Committee. The operation of the safety program is under the overall supervision of the plant management, supervisors, and the safety committee, which draws its membership from all areas of the facility and all levels of the workforce. Suggestion Program. Your suggestions for improving safety in the facility are welcome. Please drop your ideas and suggestions in the box near the time clocks. Open Door Policy. Management’s doors are always open for discussion of safety issues.
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Problem Program. A special communication network has been established for those who have concerns or complaints but do not wish to voice them openly. Safety Meetings. All departments have regular safety meetings. Safety Newsletter. The newsletter is issued monthly with safety tips, new items of interest, and status reports concerning safety in the facility. B&B Manufacturing Company Safety Training
Fire Safety and Evacuation Basic Training. This is the basic course in which all employees are required to participate. It covers actions to take in the event of a fire, evacuation procedures for fires, and appropriate fire fighting procedures for small fires. Fire Marshal. This training is for those individuals appointed as area or department fire marshals. In the event of a fire, these individuals will have responsibility to direct the evacuation of employees in certain areas of the facility. Fire Brigade. Those selected for fire brigade training will be involved in extinguishing small fires on company property. There are several levels of training for fire brigade members. The training is given off-site at an approved fire-fighting school. First Aid First Aid Basic. This basic course is available to all employees. It covers treatment of minor injuries and basic emergency procedures for more serious injuries or health problems. First Aid Advanced. The advanced course equips participants to handle first aid for many types of injuries and is under the direction of a local physician. CPR. The organization encourages at least one employee from every department to take the Cardiopulmonary Resuscitation (CPR) course. EMT. Training for Emergency Medical Technicians involves extensive coursework off site. Our organization will sponsor a limited number of employees each year. Office General Office Safety. This brief training covers lighting and electrical equipment policies, office machine operation, musculoskeletal disorders, carrying and lifting, body strains, and back injuries. This brief training covers plant entrance requirements, visitors to the plant, safety performance of outside contractors and vendors, and restricted areas. Plant General Plant Safety. This orientation training covers lifting, climbing, stacking, housekeeping, smoking control policies, eye, foot, and other protective equipment requirements, hazards due to machinery or materials handling equipment, and restricted areas. Welding. This training applies to those who engage in welding operations. Materials Hazard Communication (Right to Know) Basic. This training applies to all employees. Hazard Communication (Right to Know) Specific. This training applies to those who use or may be exposed to specific hazardous substances in the course of their work. ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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Asbestos. This training only applies to those who may come in contact with asbestos in the course of their duties in the plant. Acrylonitrile. This training applies to those who use or may be exposed to acrylonitrile. Liquified Petroleum (LP) Gas. This training applies to those who operate equipment fueled by LP Gas.
Equipment Machine Operator’s General. This training applies to all machine operators. It covers basic machine safety, tagging and lock-out procedures, electrical operations, safeguards, etc. Specific Machines. This training is specific to the machine the employee will use. Forklift. This training is given to anyone who will operate a forklift. Crane. This training is given to anyone who will operate the gantry crane.
Model Safety Program #2 TITLE: XYZ COMPANY SAFETY AND HEALTH PROGRAM
I. Safety Policy It is the Company’s objective to provide a safe and healthful work environment through the prevention of occupational injuries and illness. Our objective for the Safety and Health Program will be to reduce injuries and illness to a minimum; ideally our goal is ZERO accidents and injuries. Our Safety and Health Program will include: l) Establishment of a Plant Safety Committee to oversee safety and health activities. 2) A program of safety and health inspections to find and eliminate unsafe working conditions or practices, to control health hazards and to comply fully with the safety and health standards for every job. 3) Training all employees in good safety and health practices. 4) Providing necessary personal protective equipment and instructions for its use and care. 5) Providing mechanical and physical safeguards to the maximum extent possible. 6) Developing and enforcing safety and health rules; requiring that employees cooperate with these rules as a condition of employment. 7) Investigating every accident promptly and thoroughly, to find out what caused it and to correct the problem so it won’t happen again. II. Responsibility We recognize that the responsibility for safety and health are shared. 1. As your employer we accept the responsibility for leadership of the safety and health program, and for its effectiveness and improvement, and for providing the safeguards required to ensure safe conditions. 2. Our supervisors and management personnel are responsible for developing the proper attitudes toward safety and health, and are responsible for ensuring that all operations are performed with the utmost regard for the safety and health of all personnel involved. ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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3. As employees, you are responsible for wholehearted, genuine cooperation with all aspects of the safety and health program including compliance with all rules and regulations and for continuously practicing safety while performing your duties.
III. Plant Safety Committee The Plant Safety Committee (PSC) will be composed of eight members of management/supervision and hourly personnel. The recommended make-up of the committee will consist of the following: 3 Salaried supervisory personnel 2 Hourly “lead” personnel 3 Hourly personnel (shop and/or office) The activities of the PSC will include, but are not be limited to: 1. Holding, as a minimum, monthly safety meetings. 2. Conducting and overseeing departmental safety inspections. 3. Reviewing accident/injury reports and discussing corrective actions. 4. Directing and monitoring departmental training and safety awareness activities. 5. Discussing and reporting on unfinished business of the previous meeting. 6. Reviewing and discussing new or outstanding recommendations, projects, etc. 7. Maintaining appropriate records of activities. The membership of the PSC will be rotated at least semi-annually to allow different members of the Company the opportunity to participate more fully in safety activities. IV. General Safety Activities In addition to the previously mentioned safety committee activities, the Company is cognizant of its responsibilities to focus attention in other areas relating to safety and health to meet appropriate safety and health standards as established by regulatory and other governmental agencies. Appropriate members of management will be assigned responsibility for the following: 1. Hazard Communication Program requirements for handling, labeling, and storing of chemicals and hazardous materials. 2. Hazard Communication Program as it applies to employee awareness and required training. 3. Fire Safety protection and plant inspections. 4. Hearing Conservation program activities for areas of the plant where deemed necessary. 5. First Aid and CPR training activities as appropriate. 6. Emergency Response planning. 7. Workers’ Compensation and OSHA recordkeeping requirements.
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Model Safety Program #3 TITLE: ABC COMPANY SAFETY AND HEALTH PROGRAM
Responsibility The Employee Relations Manager shall coordinate Division safety activities, establishing procedures for promoting safe working conditions, conducting safety meetings, reviewing accidents, and recommending measures to reduce accidents and health hazards; he or she shall work with the Worker’s Compensation carrier, and with local, state and federal agencies to assure that safety and health standards fully meet applicable requirements. Line management, including the Plant Manager, Manufacturing Manager, and all forepersons and supervisors shall be responsible for incorporating safety and good housekeeping into the daily activities of their departments, including taking corrective and preventive action on problems within their departments. The Safety and Housekeeping Committee shall meet monthly. Consisting of hourly and salaried employees representing all departments and shifts, the Committee shall bring to management’s attention for corrective action any safety and housekeeping problems noted during the preceding month. The Committee shall review progress on solving problems previously brought up, recommending solutions wherever possible. Promotion of interest and cooperation on safety and housekeeping matters shall be a prime concern of the Committee. Safety Rules Employees and supervisors have cooperated in the establishment of Division safety rules. Each foreperson and supervisor is responsible for seeing that the rules are observed within his or her department, and for taking corrective or disciplinary action as required to assure work is carried out within these rules. Orientation Forepersons and supervisors shall be responsible for ensuring that new employees know all safety, health, and housekeeping rules to which his or her job is subject and are capable of performing the essential functions of the job. Training and Education The human resources department shall coordinate the use of meetings, contests, videos, discussion groups, communications, and other activities to train selected groups and educate all employees on awareness of safety and housekeeping problems. Line management shall recommend specific areas where such training and education may be required. Accidents The foreperson or supervisor shall report each industrial accident or health problem requiring outside treatment to the human resources department on the Supervisor’s Accident Investigation Report. The forepersons and the human resources department, together with members of management as required, shall investigate reported accidents, taking corrective action as necessary to prevent recurrence.
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Inspections Together with representatives of the Worker’s Compensation carrier, with personnel of local, state and federal agencies, or with other Division personnel, the Employee Relations Manager, Plant Manager, Manufacturing Manager, and forepersons shall inspect the facility regularly for safety and housekeeping problems. Such problems as may be found shall be evaluated and corrective action taken as required. Engineering Plant, manufacturing, industrial, and product engineering activities shall be carried out so as to eliminate hazards involving defective equipment and inadequate facilities on both a preventive and remedial basis. Facilities The Company shall maintain facilities for first aid, fire extinguishers, emergency exits, walkways, parking lots, control panels, air temperature and cleanliness, lavatories, lighting, and other environmental factors, fully meeting requirements applicable to the Division. Facilities shall be inspected regularly to ensure compliance with safety standards. Deficiencies Such deficiencies as may be found in Division safety and housekeeping procedures by insurance personnel or representatives of local, state, and federal agencies shall be evaluated and corrected as required. Violation of safety rules may result in discipline up to and including discharge. Safety Rules for all Departments These safety rules have been established by the Division Safety and Housekeeping Committee and approved by Division Management for the protection of each employee. All employees are requested to cooperate in observing these rules, and to help in making the Division a safe and orderly place to work. 1. Never operate any machine or equipment unless you are specifically authorized to do so by your foreperson. 2. Do not operate defective equipment. Do not use broken hand tools. Report defective or hazardous equipment to your foreperson. 3. Obtain full instructions from your foreperson before operating a machine with which you are not familiar. 4. Never start on any hazardous job without being completely familiar with the safety techniques that apply to it. Check with your foreperson if in doubt. 5. Make sure all safety attachments are in place and properly adjusted before operating any machine. 6. Do not operate any machine or equipment at unsafe speeds. Shut off equipment that is not in use. 7. Wear all protective garments and equipment necessary to be safe on the job. Wear proper shoes; sandals or other open-toed or thin-soled shoes should not be worn. 8. Do not wear loose, flowing clothing or loose long hair while operating moving machinery. 9. Never repair or adjust any machine or equipment unless you are specifically authorized to do so by your foreperson.
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10. Never oil, clean, repair, or adjust any machine while it is in motion. 11. Never repair or adjust any electrically driven machine without opening and properly tagging the main switch. 12. Put tools and equipment away when they are not in use. 13. Do not lift items that are too bulky or too heavy to be handled by one person. Ask for assistance. 14. Keep all aisles, stairways, and exits clear of skids, boxes, air hoses, equipment, and spillage. 15. Do not place equipment and materials so as to block emergency exit routes, fire boxes, sprinkler shutoffs, machine or electrical control panels, or fire extinguishers. 16. Stack all materials neatly and make sure piles are stable. 17. Keep your work area, machinery, and all company facilities that you use clean and neat. 18. Do not participate in horseplay, or tease or otherwise distract fellow workers. Do not run on company premises—always walk. 19. Power-truck operators must safeguard other workers at all times; workers must show courtesy to power-truck operators. 20. Never take chances. If you’re unsure, ask your foreperson. Let good common sense be your guide.
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Appendix D
Model Safety Policies Safety and health policies form the foundation of your entire safety program. The sections below present a wide variety of model policies, along with comments on what points should be covered and what needs to be considered in developing a policy of your own. Safety Policies Protective Equipment Policies Accident-Reporting Policies Emergency Policies Fire Prevention Policies Workers’ Compensation Policies Hazard Communication Policies and Programs Ergonomics Policy Return-to-Work Policies
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Safety Policies Points to Cover
Assuming that you want to start out with a comprehensive policy statement summarizing the basic provisions of your company’s safety program, here are some of the points you should cover. • The company’s commitment to safety. It’s a good idea to start out with a sentence or two affirming the company’s commitment to maintaining a safe and healthful place for employees to work. • Safety committee. If your company has an established safety committee, explain what their responsibilities are and what authority they have. Employee involvement is invited on the committees. • Supervisors’ responsibilities. Supervisors play a vital role in the implementation of safety policies. State as specifically as you can what supervisors are expected to do in carrying out these policies—for example, giving the personal leadership to safety in their department, conducting safety and housekeeping inspections, completing accident report forms, disciplining employees who disobey safety rules, orienting new workers about safety issues, ensuring that protective equipment is worn, etc. • Employees’ responsibilities. Even the most vigilant supervisor cannot compensate for an inattentive, careless, or deliberately rebellious employee. While employees may not actually read the policy manual, it is important to spell out their responsibilities so that supervisors can remind them from time to time of the role they must play in accident prevention. These responsibilities include working safely at all times, noting hazards and reporting them to their supervisors, offering suggestions for improving safety procedures, adhering to all company safety rules, etc. • Accident investigation and reporting procedures. Supervisors in most firms are required to report accidents promptly. An investigation may be carried out by the human resources department, the safety committee, or by the supervisor. In any case, be sure to specify what information is needed, what forms must be completed, and any tips that might be helpful either to the person conducting an investigation or the person(s) assisting him or her. • Procedures for correcting or eliminating hazards. Under what circumstances should a supervisor (or an employee) take immediate action on his or her own to correct a safety hazard? If immediate action is not warranted, what are the appropriate channels through which corrective measures should be routed? • Safety training and education programs. Many companies have periodic training sessions for both employees and supervisors to acquaint them with new safety hazards or to refresh their memories about long-standing hazards and what should be done to avoid them. • Safety inspections. If inspections or safety audits are a routine part of your safety program, you may want to include either a brief mention of them in your policy or even a copy of the inspection checklist(s) you use. • Protective equipment. If you don’t have a separate policy statement covering personal protective equipment (safety shoes, safety glasses, ear protection, hair nets, etc.), then be sure to include a statement here.
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• Disciplinary action. Violations of safety rules should carry penalties similar to those for other
•
•
rule violations. You can either refer your readers to your policy on “Work Rules” or “Disciplinary Procedures,” or recap the penalties for safety violations here. Start with the premise that employees will work safely and protect themselves from injury. Physical exams. If you don’t have a policy on physical examinations for newly hired employees or those returning to work after a long absence, you may want to include this as part of your safety program. You can also simply refer your readers to the physical examination policy if it is located elsewhere in the manual. Workers’ compensation. If you don’t want to establish a special policy statement on workers’ compensation, this might be a good place to mention what benefits an injured worker receives and what documentation is required.
Things to Consider
The first and most obvious consideration here will be the nature of your company’s operations. A manufacturing firm is going to have to put a lot more thought and planning into its safety program policy than a small white-collar organization, for the simple reason that safety is a more pressing concern in a manufacturing environment. Here are some other issues to take up with your policy committee: 1. State and federal law. The provisions of both the Occupational Safety and Health Act of 1970 and relevant state laws should be reviewed thoroughly as they apply to your company’s operations. OSHA regulations are continually being changed, and it may be that some of your safety rules are already out-of-date. Your company’s safety manager should sit in on your policy committee meetings and offer guidance on what your policy should cover. 2. Your company’s safety record. Preparing new or updated safety policies is a good reason for reviewing your company’s safety track record. If it’s a good one, then perhaps your existing safety policy is doing its job. But if it leaves room for improvement, then perhaps it’s time to come out with a stronger policy statement, backed up by more specific rules and more stringent disciplinary actions. It might even be time to establish a safety committee if you don’t already have one. 3. Supervisory commitment. Supervisors are the key to the success of a company’s safety program. Without their understanding of the issues, cooperation, and commitment, your safety program is doomed. Your policy committee may be able to give you a more accurate picture of the status of your current supervisors’ commitment to safety on the job. If it is lacking, you may want to incorporate education and training efforts in your policy statement, or simply use stronger or more emphatic language to convey the value you place on the concerned supervisor’s role. 4. Attitudes among employees. Employee attitudes are often a reflection of supervisory commitment to safe work practices. A survey of these attitudes, therefore, may provide evidence of inadequate supervisory support for the company’s safety program. This would be important to know when you tackle the policy-writing task.
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Sample General Safety Policy
A. Supervisor’s Responsibility 1. Employee safety on the job is the primary responsibility of every foreperson and supervisor. The Safety Committee acts only as a coordinator. Employee safety cannot succeed without the supervisor’s utmost sincerity and effort. The Company has gone to great expense to provide safe working conditions throughout the plant. It is the supervisor’s duty to see that there is complete safety in his or her area at all times. 2. The contributing factor in over 60 percent of all accidents involves both the employee and the environment. The supervisor must, therefore, be constantly on the alert for incidents of human error and mechanical failure. Supervisors must take the initiative to make corrections where they have such authority. And, lacking direct authority, they must report any condition or employee practice that is likely to cause an accident. 3. Supervisors must be convinced that accidents are caused; they don’t just happen. An act of negligence, disregard for established rules or procedures, being in a hurry, improperly guarded machinery, lack of or improper maintenance, all can cause an accident. 4. Supervisors must also be convinced that an accident does not affect the employee alone. Accidents cost money and have a direct impact on Company profitability. Accidents affect production and directly reflect on the efficiency of the department. B. Supervisor’s Action To make the program effective, every member of management shall ensure that: 1. Work that is hazardous or located in a hazardous area will not be assigned until all steps have been taken to provide for the safety of the employee. 2. All employees have received proper job instruction and are familiar with pertinent safety and health rules and regulations. Exhibit A (at the end of this policy) is a guideline that should be used for this purpose. 3. Work areas are frequently examined to ascertain that the work environment is safe and that employees are working in a safe manner. 4. All safety and health deficiencies are corrected immediately and not repeated. 5. Accidents are investigated and corrective action is initiated where necessary. Like the supervisor, every employee has a specific role in our loss-prevention efforts. Each employee is expected to participate actively in the Safety Program and observe all established precautionary measures. C. Reporting Injuries Injuries, no matter how minor, are to be reported to the Medical Department immediately. If circumstances permit, the employee should be given a first-aid pass. In no case shall the injured be moved before examination by Medical or Safety department if the injury is serious. It is equally important that all spectators be kept away from the scene of an accident. Supervisors should not permit their employees to leave their work areas to go to the scene of an accident. A doctor’s note, etc., brought in by the employee should be forwarded directly to the Safety Department. Failure to report injuries or illnesses may result in a delay or denial of workers’ compensation benefits.
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D. Correcting Deficiencies The department supervisor or foreperson is responsible for correcting, or causing to be corrected, any hazard the supervisor’s found as a result of department inspections or investigation of an accident, or brought to the supervisor’s attention by an employee. All corrective action must be followed up to ensure completion. Where necessary, assistance should be requested from the Safety Department. E. Accident Investigation Upon receipt of an investigation form, the investigation shall be completed as soon as possible and returned to the Safety Department. Instructions on the form should be followed explicitly. F. Workers’ Compensation Employees who sustain an occupational injury or illness will be compensated in accordance with the State Workers’ Compensation Act. In order to receive such benefits, the appropriate notification and medical reports must be provided by the employee. Any employee who loses time as a result of a work-related injury shall not be processed for a medical leave of absence. G. Physical Examination Physical examinations are required of all employees: 1. Upon employment or reemployment. 2. Upon return to work after a leave of absence for an illness of 1 month or longer. 3. Upon return to work after an absence from the plant of 6 months or longer. 4. As required by OSHA: blood work, air sample tests, dental checks, urine samples, hearing tests, physicals, etc. 5. At any other time deemed necessary for the best interests of the employee or the protection of the Company. Such physical examinations will be given in strict compliance with the Americans with Disabilities Act and the Family and Medical Leave Act. Medical records shall be maintained in confidence as required by applicable law. H. Personal Protective Equipment Where necessary, by reason of hazard, the Company will provide the necessary personal protective equipment to ensure the well-being of the employee. These items include: 1. Safety glasses 2. Gloves 3. Aprons 4. Safety shoes 5. Respiratory equipment Supervision must review operation and provide or request to be provided (by Safety Department) the necessary protection. Items such as clothing, gloves, aprons, protective creams, etc., must be supplied and issued by the department head. Employees are expected to wear such personal protective equipment. Failure to do so may lead to discipline up to and including termination. ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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Exhibit A
Safety Guidelines 1. General • Safety is a responsibility of each employee. • Report unsafe conditions or equipment. • Follow established procedures. • Report all injuries/illnesses no matter how slight. • Don’t perform unsafe acts. 2. Machine Safety • Check guards before turning on machine. • Never remove or bypass a guard. • Do not wear loose clothing or jewelry. • Use lockout/tagout for service or maintenance. 3. Hand Tools • Use the right tool. • Keep tools in good condition. 4. Protective Equipment • Use glasses, gloves, shoes, aprons, etc., where required. • Ask supervision to supply or replace them. 5 Housekeeping • Keep your work area clean. • Do not store material in aisles or passageways. • Be on the lookout for others. 6. Material Handling • Stack material safely. • Use wagon, lift trucks, etc., safely. • Lift properly. 7. Electrical Safety • Do not tamper with or try to service equipment yourself. • Report exposed electrical wires. 8. Fire Safety • Observe “No smoking” signs. • Handle and store flammable liquids properly. • Know the location and use of fire extinguishers.
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9. Personal Conduct • Horseplay is not allowed. • No running in the plant. • Observe warning and caution signs. 10. Power Trucks • Power truck operators must safeguard other workers at all times. • Only trained personnel are to operate power trucks. • Workers must show courtesy to power truck operators. 11. Ladders • Inspect ladders before use to make sure they are in good condition. • Make sure the ladder is set on a firm, level base. • Set extension ladders against a wall at a one-to-four ratio. (The base should be 1 foot (ft) from the wall for every 4 ft of height.) • Extend straight ladders 36 inches above the edge when gaining access to a roof. • Allow only one person on a ladder at a time. • Never use metal ladders around electrical lines. 12. Chemicals • Proper care should be used when handling industrial chemicals to avoid damage to your health or to the environment. • Wear suitable hand, face, and eye protection in well-ventilated areas when handling acid-based products. • Remove contaminated clothing immediately. • Thoroughly flush area if a spill occurs. • Become familiar with material safety data sheets (MSDSs) that accompany the product. Government agencies, such as EPA and OSHA, have been formed to regulate the control and handling of acid and other hazardous chemicals. 13. MSDS • MSDSs and related information concerning hazardous materials in the workplace are maintained in each department. I have reviewed with this employee the specific safety precautions of the job and the precautions outlined in the Company Safety Handbook. ___________________________________ _________________________________ (supervisor) .................................................................................. (date) I have received detailed instruction on my specific job and the general precautions outlined in the Company Safety Handbook. ___________________________________ _________________________________ (employee) ........................................................................ (date)
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Personal Protective Equipment Background
When you look at the statistics on industrial accidents, it isn’t hard to see why a policy on the wearing of personal protective equipment (PPE) is so important. Consider, for example, the following facts: • According to Prevent Blindness America, more than 2,000 people injure their eyes at work each day. About 1 in 10 injuries require one or more missed workdays to recover. Of the total amount of work-related injuries, 10 percent to 20 percent will cause temporary or permanent vision loss. • According to the Bureau of Labor Statistics, about a quarter of a million disabling occupational foot injuries occur each year, many of which happen to workers who aren’t wearing safety shoes. The passage of the Occupational Safety and Health (OSH) Act drew attention to the importance of safety equipment as a factor in preventing occupational injuries and emphasized management’s responsibility for seeing to it that employees regularly wear the necessary protective devices. Also, revised OSHA regulation 1910.132 now requires employers to pay for most types of PPE, with a few exceptions (listed below). The rule does not require employers to provide PPE where none has been previously required. Improvements in personal protective equipment are occurring on a regular basis, and the list of PPE available to industrial employers today is almost endless, including various types of safety shoes and boots, goggles and eyeglasses, earplugs and earmuffs, hard hats, protective gloves, face shields, respirators, and work clothing made out of special protective materials. While the role played by safety equipment in the achievement of the company’s accident-prevention goals is often covered under the policy on “Safety Programs” or “Safety Rules and Regulations,” many firms feel it is an important enough issue to merit a separate policy statement of its own. Revised OSHA Regulation
Revised Occupational Safety and Health Administration (OSHA) regulation 1910.132, effective February 13, 2008 (with a final implementation date of May 15, 2008), requires employers to pay for almost all types of PPE when used by employees exclusively in the workplace (i.e., not for personal use at home or other nonworkplace activities). The final rule does not impose new requirements in terms of what PPE must be provided by employers. Instead, it clarifies that employers must pay for PPE—with a few exceptions, including ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, ordinary clothing, and weather-related gear. In addition, the final rule explains that employers do not need to reimburse employees who choose to use their own PPE. However, employees’ use of their own PPE must be completely voluntary, and employers still have an obligation to ensure that the equipment provides sufficient protection. The agency says the revised regulation will increase safety compliance and potentially avoid thousands of workplace injuries annually. Covered PPE. Here is a nonexhaustive list of “employer pays” examples:
• •
Electrical protection Electrically insulated tools
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• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Rubber insulating gloves Chemical-resistant gloves/aprons/clothing Encapsulating chemical protective suits Foot protection Metatarsal foot protection Special boots for longshoremen working logs on log ships Rubber boots with steel toes Shoe covers (toe caps and metatarsal guards) Eye and face protection Nonprescription eye protection
Prescription eyewear inserts/lenses for full-face respirators Prescription eyewear inserts/lenses for welding and diving helmets Goggles Face shields Laser safety goggles Head protection Bump caps Hard hats Hearing protection Hand/arm/body protection Rubber sleeves Aluminized gloves Mesh cutproof gloves, mesh or leather aprons Nonspecialty gloves (Payment is required for PPE to protect from dermatitis, severe cuts/abrasions; payment is not required if they are only for keeping clean or for cold weather with no site-specific hazard consideration.) Reflective work vests Respiratory protection Skin protection Barrier creams (unless used solely for weather-related protection) Fall protection devices (e.g. harnesses) Ladder safety device belts Climbing ensembles used by linemen (e.g., belts and climbing hooks) Window cleaner’s safety straps Fire-fighting PPE (helmets, gloves, boots, proximity suits, full gear) Welding PPE
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• • • •
Face shields and goggles Fire-resistant shirts, jackets, and sleeves Leather gloves Items used in medical/laboratory settings to protect from exposure to infectious agents (e.g., aprons, lab coats, goggles, disposable gloves, shoe covers, etc.) • Personal flotation devices (life jackets) Exceptions. Employers are not required to pay for the following clothes or items that are not worn by employees exclusively for protection from hazards: • Nonspecialty safety-toe protective footwear (provided that the employer permits such items to be worn off the jobsite) • Steel-toe shoes • Steel-toe boots • Nonspecialty prescription safety eyewear (provided that the employer permits such items to be worn off the jobsite) • Shoes or boots with built-in metatarsal protection that the employee chooses instead of metatarsal guards provided by the employer • Logging boots under the logging standard (29 CFR 1910.266(d)) • Everyday clothing • Long-sleeved shirts • Long pants • Street shoes • Normal work boots • Ordinary clothing and skin creams used solely for protection from the weather • Winter coats • Jackets • Gloves • Parkas • Rubber boots • Hats • Raincoats • Ordinary sunglasses • Sunscreen • Back belts • Dust masks and respirators worn under the voluntary-use provisions of the PPE standard • Items worn for product or consumer safety or patient safety and health rather than employee safety and health (for example, hair nets to prevent food contamination during preparation)
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• • • •
Uniforms that are not PPE Items worn to keep clean for purposes not related to safety and health PPE already owned and used voluntarily by the employee Flame-resistant clothing for electrical work Replacements. Unless an employee has lost or intentionally damaged the equipment, employers are required to pay for replacement PPE used to comply with OSHA standards under the final rule. Points to Cover
PPE is often considered to be equipment used to protect the head, eyes, ears, torso, arms, hands, and feet. No matter what type of protective equipment your employees are required to wear, you’ll want your policy to cover the following: • Rationale. You should convey the idea that rules and regulations pertaining to safety equipment are designed both to comply with federal or state law and to protect the employee from serious injury. • Coverage. To whom does your policy apply? Normally, the answer here is all full- and parttime employees whose work routinely involves danger to the feet, eyes, face, hands, etc. • Payment. Under the new regulation, the company usually pays all of the cost of protective equipment, unless it is can be used for work and personal use. See exceptions on previous page. • Suppliers. Where can employees obtain their protective items? Are they stocked by the company store or must they go to a company-approved supplier in the local area? • Replacements. Will the company provide a replacement if safety equipment is lost, damaged in use on the job, or worn out? What if PPE is lost or damaged through employee negligence? What are the procedures for obtaining replacements? • Employee responsibility. You should also emphasize the fact that the employee is responsible for wearing the equipment while on the job and for keeping it well-maintained and in good repair. You may want to mention what disciplinary measures will be taken for failure to wear required PPE. • Supervisor’s responsibility. This is of vital importance. State unequivocally that it is the supervisor’s responsibility to make sure that all of his or her subordinates who are required to wear PPE do so on designated jobs and in designated areas. • Other relevant safety precautions. You may want to include at the end of your policy a reminder for supervisors about other safety precautions involving the hands, fingers, feet, eyes, etc. For example, remind them to check employees for rings, bracelets, or dangling earrings that could get caught in a machine; for neckties or scarves; and for long hair that isn’t tied back or contained in a cap or hair net. Legal Points
• OSHA. The Occupational Safety and Health Act requires the use of PPE to reduce employee exposure to hazards when engineering and administrative controls are not feasible or effective in reducing the exposure to acceptable levels. Employers are required to determine if PPE should be used to protect their workers.
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• State safety laws. State laws may set a stricter standard when PPE is to be used. • Employer payment for PPE. As mentioned, revised OSHA regulation 1910.132 requires •
• •
employers to pay for virtually all PPE items. Wage and hour laws. Generally, employers cannot require employees to pay for tools or equipment if such payments reduces their wages below the minimum wage. Moreover, deductions for lost or damaged PPE from the pay of a salaried employee may violate the Fair Labor Standards Act and entitle the employee to overtime. Disability. The Americans with Disabilities Act or state law may require an employer to provide PPE as a reasonable accommodation. Discrimination. Title VII of the Civil Rights Act or state law may require an employer to provide or allow alternative PPE or alternative safety procedures or other reasonable accommodation for a religious objection to PPE, such as religious tenet that requires wearing a beard, head covering, or jewelry.
Things to Consider
The most obvious consideration in establishing a policy on PPE, of course, is the nature of your company’s industrial operations and the degree to which such equipment is necessary. Here are some other issues to be considered: 1. Legal requirements. Federal or state OSHA requirements pertaining to the wearing of PPE should be reviewed thoroughly. It’s important to realize that under the current OSHA rule, employers share the responsibility for seeing that needed PPE is worn, not just for telling employees it should be worn. 2. Existing attitudes toward safety equipment. If employees have always resisted wearing the necessary devices, you’ll want your policy to stress the rationale behind such safety measures, the benefits to the employee and the company, and perhaps the disciplinary measures that will be taken for failure to wear them. Don’t overlook the importance of supervisory attitudes as well. If supervisors take safety regulations lightly, chances are that their employees will never develop positive attitudes toward wearing protective devices. 3. Integration with other policies. There is often some overlap here with policies on work rules, disciplinary procedures, and safety programs in general. Be sure that these overlapping areas serve to reinforce—not undermine—your policy on the wearing of safety equipment. 4. Employee involvement. Employees are more likely to wear personal protective equipment that they have been involved in selecting. If a new type of PPE is needed, ask a small committee of employees who will eventually wear the equipment to assist you in selection—sizes available, protection offered, styles, alternative forms, and the like. Then “pilot-test” some samples to see which are most comfortable and offer the best protection. Sample Policies
Policies in this area will obviously vary according to the industry of which the company is a part, work exposures, and different types of PPE that are regularly used by the company’s employees. The three that have been selected here deal with protective footwear, safety eyeglasses, and a combination of eye, ear, foot, and head protection.
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The general PPE policy places a limit on the amount of the company’s reimbursement for safety shoes, and the employee is responsible for the cost of replacing any safety equipment that is lost or damaged through negligence. A separate policy for safety eyeglasses can be considerably more comprehensive and detailed. It covers the types of glasses that the company provides, ordering information, and instructions for obtaining replacements and repairs. The company assumes all costs, with the exception of the eye examination and fitting charges for employees needing prescription safety glasses. Another approach companies may take is to issue a general policy statement on the fact that PPE is required for certain tasks—and the consequences for failing to wear it—and then having separate bulletins for each type of PPE. These would contain the particulars on standards to be met, tips on proper fitting, maintenance, etc. Subject: Safety/Protection Example of: Standard Policy
Needs Assessment Supervisors will assess their departments and determine what hazards, if any, are present that require the use of personal protective equipment. Then they will select the types of PPE that will protect against these hazards. They will document the hazard assessment of their department in writing, indicate the date(s) of the assessment, the list of employees who attended the training, and sign the document. It is the supervisor’s responsibility to assure that employees wear the designated PPE on the job. Eye and Face Protection Supervisors may obtain eye protection (safety glasses, goggles, etc.) or face shields for their employees through Purchasing. If the eye protection is lost or destroyed due to the employee’s negligence, the employee will be responsible for the cost of a replacement pair. Prescription Safety Glasses Employees working in potential eye-hazard areas who need prescription glasses may submit a request through their supervisor to the Purchasing department for prescription safety glasses. After an employee successfully completes the probationary period, prescription safety glasses can be obtained through a company-approved source. The company will assume the cost of the glasses. If the prescription safety glasses are lost or destroyed due to the employee’s negligence within 1 year of the date of issue, the employee will be responsible for the cost of a replacement pair. Ear Protection Employees working in areas where the noise level is 80 decibels or higher may obtain ear protection through their supervisor. We provide a variety of types of hearing protection from which the employee may choose the most effective and best fitting. Personnel who work regularly in 80-decibel-or-higher areas are given a yearly hearing test.
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Foot Protection All employees should wear substantial shoes with fully enclosed coverings to protect their feet and toes. For those employees who work in areas where safety shoes are recommended, the company will pay for one pair per year, per person. The safety shoes must meet federal standards and can be purchased through several local suppliers. Hair/Head Protection Employees must wear protective helmets supplied by the company when working in areas where there is potential for injury to the head from falling objects. Operators of forklifts should wear a hard hat when operating the vehicle. Employees with long hair (down to the shoulders) should tie their hair back or wear hair nets or caps when working on drill presses, vertical milling machines, or equipment with rotating spindles or other moving machinery. Hand Protection When employees’ hands are exposed to hazards, the supervisor must formally evaluate the hazards present and, if risks exist, arrange to provide appropriate hand protection suitable to the needs of the job. Hazards may include those from skin absorption of harmful substances, severe cuts or lacerations, severe abrasions, punctures, chemical or thermal burns, and harmful temperature extremes. Performance characteristics of the hand protection should be evaluated relative to the tasks to be performed, the conditions present, duration of the use, and the hazards or potential hazards identified. Supervisors are responsible to assure that employees wear the designated gloves on the job. General Rules • Loose clothing must not be worn near moving machinery. • Neckties must be securely clipped to the shirt. • Employees working in areas where chemicals, solvents, other irritants, or caustic acids are used (i.e., tumbling room) will be supplied with face shields, chemical-resistant boots, aprons, chemically protective gloves, etc. • Rings and jewelry must not be worn when working on machinery. • Work gloves (leather-palmed) must be worn by anyone handling raw materials other than chemicals. Training Supervisors will arrange to train each employee in the proper and correct use of PPE, proper care and maintenance of the PPE, useful life of the equipment, and the correct way to dispose of broken or damaged PPE. The supervisor will certify on the “Needs Assessment” sheet the names of the employees who have received the training, date of the training, and that the employee has received and understands the training.
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Accident-Reporting Policies Points to Cover
Policies on accident-reporting procedures may or may not cover investigatory procedures as well. Sometimes the responsibility for investigating the accident is assigned to the safety manager or safety committee and is, therefore, not an appropriate subject for a policy statement aimed at supervisors. Here are the points covered by most accident-reporting policies. • Purpose or rationale. Supervisors should have a clear understanding of why they must report accidents promptly and accurately. Stress not only legal compliance but also the value of reports in reducing future accidents. • Definition of “accident.” We’ve already discussed what OSHA considers to be a “recordable” injury. You may want to set up a similar definition for your own purposes. Be as specific as possible, so that supervisors know exactly what types of accidents must be reported. • Reporting procedures. Some companies require that certain types of accidents (for example, those involving a fatality) be reported by facsimile, E-mail, or telephone immediately, with a complete written report following. You might want to include a brief summary of the items of information that should be reported, where forms can be obtained, how soon the report must be completed, and other relevant requirements. • Drug-testing. If your drug-testing policy requires tests after certain accidents, then your accident forms and policies should be coordinated with your drug-testing policy. • Documentation and paperwork. Some companies attach copies of their accident report forms to the policy statement itself; others simply summarize the various forms that must be submitted and any special certification required. • Supervisor’s responsibilities. While most of these will be covered in the items listed, it’s usually a good idea to include a paragraph or two stressing the importance of the supervisor’s role in investigating the accident, notifying the company doctor or nurse, filling out the report form, etc. • Confidentiality. Keep in mind that medical information obtained about employees may need to be maintained in confidence because of applicable laws such as the state workers’ compensation laws, the Americans with Disabilities Act, and the Family and Medical Leave Act. • Workers’ compensation. Accident reports are often required for workers’ compensation insurance. These forms should also be completed when accidents are reported. • Potential litigation. Your policy should cover the manner in which the report should be maintained, distributed, and in fact written if there is a potential for litigation. For example, the report may need to be sent only to your in-house counsel if litigation is suspected. In fact, if there is potential for a claim, the supervisor may be first instructed to contact your general counsel before starting any paperwork. You want to avoid a situation in which an accident report admits liability and is used in future litigation against you. • Separate files. Your policy should probably provide that accident reports are to be kept separate from personnel files. The accident report may contain medical information that should be maintained separately from personnel files under the Americans with Disabilities Act.
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Legal Points
• Confidentiality. The information in the report may later be requested in a lawsuit filed against the company. As you design your policy and form, you should ask your attorney whether there are different forms for distinct purposes. For example, a workers’ compensation form or OSHA log contains information required by law and may be required to be filed with the government. Other information regarding the accident may be placed on a form to be submitted to your attorney when you believe that a lawsuit may be filed. • Americans with Disabilities Act. This statute may require that records be maintained in confidence and that the employer provide a reasonable accommodation. • Workers’ compensation. Usually these state laws protect employees from retaliation for reporting accidents or safety violations. • OSHA. In addition to reporting requirements, OSHA also protects employees who report accidents or report dangerous conditions. • Family and Medical Leave Act. Like the ADA, this law may protect the job of an employee who takes time off due to a work-related accident. It, too, requires that forms be completed and records kept when an employee takes such leave. • Drug testing. State laws may govern the manner in which you administer drug tests following an accident and may require the use of specific notices and forms. Things to Consider
1. The major consideration here will be whether or not your company is covered by OSHA’s recordkeeping and reporting requirements. If it is, the scope and content of your policy will probably follow the law’s provisions quite closely. If it isn’t, and you have developed your own accident reporting and investigation procedures, you will naturally want your policy to support these procedures. 2. Your policy should also comply with any workers’ compensation statute. 3. Another major consideration will be the extent of the responsibility assigned to supervisors in investigating and reporting accidents. 4. If you already have an established Safety Committee whose task it is investigate a reported accident, the scope of any policy statement aimed specifically at supervisors will naturally be limited. 5. You should consider whether different reports are completed when the accident involves a business visitor. Such accidents may lead to lawsuits and the form in which you record the events and the persons to whom you give it may become critical issues in litigation. 6. If you have general liability insurance that may cover an accident, you may want to consult with your insurance carrier when you design your policy and report forms. 7. You may also need to coordinate any short-term and long-term disability or accidental death policies with your accident reporting policy.
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Sample Accident Reporting Policy
Reporting Accidents and Injuries All work-related accidents and injuries, no matter how minor, should be reported to your supervisor immediately. This is for your protection in case medical attention is necessary or in the event of some future complication caused by the accident. If first aid is necessary, your supervisor will instruct you to go to one of the occupational health clinics that we belong to. If needed, transportation will be provided. The proper treatment will be obtained for all injuries that require professional medical care. It is the policy of the company to require that all employees submit to a drug and alcohol test after an on-the-job accident or injury. The tests will be paid for by the company, and the results will be kept strictly confidential. The company provides workers’ compensation insurance for every employee. It protects you for loss of pay and time and for the cost of medical care for injuries sustained while working. There is a 1-week waiting period before compensation begins. If you are involved in an automobile accident, we require that you: • Obtain all information relating to the accident in a professional manner, including the names and addresses of any witnesses. • Do not negotiate the settlement of any claim, promise payment for any injury or damage, or admit liability. You must complete a written report for all accidents and injuries as soon as possible. Forms are available from both the accounting and the parts departments. Completed accident reports provide necessary information to the accounting department to allow processing claims with our or the other motorists’ insurance companies. Any damage to your vehicle, no matter how slight, must be noted on the accident report. Failure to complete an accident report will make the cost of all damage the responsibility of the employee. Sample Safety and Accident Prevention Policy
Purpose It is company policy to establish and enforce certain safety and fire prevention regulations to protect both our physical facilities and the lives of our employees. While it is the human resources manager’s responsibility to establish the safety and accident prevention policy, and to provide guidance in meeting the policy’s objectives, the responsibility for seeing that specific regulations and procedures are carried out must be shared by every supervisor and manager in the organization. Accident and Injury Reports All corporate facilities are required to submit information on work-related injuries and accidents to the human resources department on a regular basis. This includes any incidents involving personal injury to an employee or damage to company property. Specific reporting procedures are as follows: 1. All information pertaining to work-related injuries and accidents must be reported on or before the third calendar day of each month. 2. Any serious incidents involving personal injury to an employee or damage to buildings, equipment, or property must be reported by facsimile, E-mail, or telephone immediately and
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followed by a written incident report form within 48 hours. If you anticipate litigation because of the incident, you should first contact the general counsel’s office and follow its instructions regarding the preparation of the incident report. This contact with the general counsel should be made immediately. If litigation is not anticipated, then after contacting the human resources department, the contact is to be _______________________. 3. Any occupational fatality must be reported by facsimile, E-mail, or telephone immediately and followed by a written report within 24 hours. 4. Less serious incidents must be reported on a written incident report form within 5 days. Note: “Serious incidents” in this context include occurrences of injury, illness, fire, explosion, catastrophe, water damage, windstorm, spill, collapse, and any similar event that results in significant personal injury to an employee or in damage to buildings, equipment, or property. 5. All medical records are to be maintained in confidence in accordance with applicable law.
Reporting Procedures for Serious Incidents All departments must notify the human resources department by facsimile, E-mail, or telephone as soon as possible when one of the following events occurs, and a written incident report should follow within 24 hours: • An accident resulting in the injury or illness of three or more employees • Damage to buildings, equipment, or property amounting to $25,000 or more • Overexposure of an employee to ionizing or nonionizing radiation • Any fire involving radioactive materials All departments must submit a written incident report to the human resources department within 48 hours of the following incidents: • A fire loss amounting to $1,000 or more • An accident resulting in the total loss of a body member (finger, toe, hand, foot, ear, arm, leg) • An accident resulting in the loss of an employee’s sight • Damage to buildings, equipment, or property amounting to $5,000 or more If an occupational fatality occurs, the department manager should notify the human resources manager by facsimile, E-mail, or telephone as soon as possible (certainly within 1 hour of the incident). The department manager should initiate an immediate investigation of the accident and submit a written report of the investigation to the human resources manager within 24 hours of the fatality. Should circumstances require an extension of time, the human resources manager should be so advised by telephone, facsimile, or E-mail. If the department manager or the human resources manager believes litigation is possible, they should contact the general counsel’s office for instructions before preparing any written report. Report Instructions 1. Facsimile, E-mail, or telephone reports must be submitted within 24 hours of an incident and include all the important details that are available. The following items of information are essential: • Name(s) and job title(s) of employee(s) involved • Date and time of accident ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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• Location of accident • Brief description or summary of what happened 2. Written incident or injury reports: • Should be sent according to timetable previously described. • Should be addressed according to previous instructions. • Should be sent under the designation of “System Confidential.” Supervisors are responsible for making sure that an adequate number of these forms are on hand at all times.
Incident Report To: _____________________________________ File No. __________________________________ Employee’s Name ___________________________ Date of employment ___________________ Job Title __________________________________ Department _________________________ Date/Time of Incident _______________________ Date Reported _______________________ Bldg., Rm., Location Where Injury Occurred _____________________________________________________________________________ Witness Name ____________________________ Job Title _____________________________ Witness Name ____________________________ Job Title _____________________________ Brief description of incident _______________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Specific cause of incident __________________________________________________________ Suggestions to prevent recurrence ___________________________________________________ Photographs or sketches of the accident scene with distances, measurements, and significant facts noted in writing. Photographs should be identified as follows: —Company name and location —Date and time of day —Brief description or caption
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Injury Report To: ___________________________ File No. _______________________ Employee’s Name ___________________________ Date of employment ___________________ Job Title __________________________________ Department _________________________ Date/Time of Injury _______________________ Date Reported _________________________ Bldg., Rm., Location Where Injury Occurred _____________________________________________________________________________ Employee’s Statement ___________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Medical Diagnosis ______________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Classification [ ] Injury Code_______ [ ] Illness Code______ Results Back at Work? ❏ Yes ❏ No Days Away from Work (Count calendar days): Estimated ______ Actual _____ Time Lost at Later Date ______ Non-Lost Day Cases (Check any that apply) ❏ Medical treatment other than first aid ❏ Diagnosis of significant occupational illness or injury ❏ Needlestick injury or cut from a sharp object contaminated with another person’s blood or other potentially infectious material ❏ Loss of consciousness ❏ Restricted work ❏ Transfer of job Record Employee Social Security Number __________________________________________________ Home Address _________________________________________________________________ _____________________________________________________________________________ Date of Birth____________________ Sex ❏ M ❏ F Treating Physician/Hospital Address ________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________
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Supervisor’s Description Describe what happened and how. Be specific: Name objects, substances, or equipment involved. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ How could this accident have been prevented? _________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Steps taken to prevent recurrence: __________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Supervisor’s Signature ___________________________________________ Date ____________ Dept. Head Review Comment and Action: ___________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Dept. Head’s Signature_____________________ Date_________________
Emergency Policies Points to Cover
The content of policies on emergencies varies widely, depending on whether the company wants to group all the different types of emergencies together or treat each one separately. For example, you might have a policy on accidents, another on what to do in case of fire, and another on violence. The best approach is the one that will help your supervisors the most. Here are some points to cover: • Definition of “emergency.” Specify what is considered an emergency situation for the purposes of your policy statement. Be sure to identify each type clearly on the page if you are trying to cover more than one. A supervisor who is in a hurry should be able to locate the information he or she needs without searching unnecessarily. • Procedures to follow. For each type of emergency situation, state clearly and concisely what the supervisor should do and in what order of priority. • Emergency numbers. You may want to include some useful outside telephone numbers—such as the local hospital, ambulance service, and police and fire departments. You may also want to list in-house extensions for people who must be notified; for example, the safety manager, Human Resources department, company nurse, etc. • First aid. If you don’t have a separate policy statement covering the handling of first-aid, this would be a good place to include them. • Authorized action. Your policy will need to identify who has the authority to make decisions during the particular emergency. For example, if there is a bomb threat, who has the authority to order an evacuation of the building? ©2008 Business & Legal Reports, Inc. 1-55645-634-4-6/08/$.50+$.50 (10030700)
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• Follow up. Once the immediate steps have been taken to deal with the emergency, what • • • • • • •
should the supervisor do? Are there forms that must be filled out, people that must be notified, or other follow-up measures that should be taken? Training. Your policy should state how your employees will be trained to handle emergencies. For example, will you require that at all times at least four employees be on duty that are trained in first aid? Drills. Your policy can state whether, when, and how often you will conduct drills. As an example, if you are in a high-rise building, you may want to have a fire/evacuation drill several times a year. Emergency supplies. Your policy should set forth what supplies are needed and who is responsible to ensure that the supplies are replenished as needed. These lists will vary depending on the emergencies to which you may be subject. Review of policy. Because you cannot anticipate the type of every emergency, your policy should provide for a review of any emergency to determine if you need to make changes to your procedures or include new ones. Periodic review of policies. If there are not new emergencies that prompt you to review your policies, you should require at least an annual review of them. In this fashion, you can set aside time to anticipate future emergencies. Media contact. Your policy should indicate what is to occur and who is to be contacted if there is any media coverage as a result of the emergency. Continuing operation. Your policy should show who decides if the facility will continue operation after the emergency or simply close down completely.
Legal Points
• Liability. As you draft your policy, you should keep in mind whether you are creating a stan•
• • •
dard that is too low or too high. In either event, your written emergency procedure could become the first exhibit in any trial against your company for negligence. OSHA. Often, the Occupational Safety and Health Administration (OSHA) requires employers to be prepared for an emergency, For example, companies are to maintain forms called material safety data sheets, which detail the steps to take in the event a person is exposed to a toxic substance. State occupational health and safety laws. State laws similar to the federal law known as the Occupational Safety and Health Act may require you to prepare for emergencies. State safety laws. A state law may require your company to train employees in first-aid procedures. You may also be required to have fire drills. Wage and hour laws. If you require employees to spend time in emergency training, you should consider whether you must pay them for such time.
Things to Consider
Here are some topics to be discussed at your policy committee meetings: 1. Authority to act. Do local managers have authority to act in an emergency or will they need to call the main/home office? Exactly what decisions can onsite management make?
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2. Your company’s safety record. What types of emergencies have occurred most frequently in the past? These should be treated first or featured prominently in your policy statement. A review of your company’s safety record can also reveal how accidents have been improperly handled in the past, and what you might include in your new policy to avoid similar mishandlings in the future. 3. Supervisory training opportunities. Some companies require all supervisors to complete a course in first aid and cardio-pulmonary resuscitation. If similar training and educational opportunities relating to the handling of emergencies are available in your firm, then you can probably confine your actual policy statement to a few essential points and cover the details in these training sessions. 4. List of emergencies. As you devise your emergency policy, you should anticipate what emergencies will occur in the future that have not occurred in the past. The following is a list of possible emergencies which you may need to address: arrest of employee, arrest of customer, bomb threat, burns, chemical spill, computer failure, demonstrations and civil unrest, earthquake, electrical failure, evacuation, fire, flooding, gas leak, removal of records, robbery, severe winter storm, tornado/sudden storm, violence to or by an employee, violent customer or intruder, and physical illness and injury. 5. Paying wages for emergency training. If your policy requires that at least four employees who are trained in emergency procedures always be present, then you need to consider how to obtain that training for those individuals. Will you simply require that as a condition of employment? Will you provide training and pay the employee while being trained? Will you ask for volunteers to be trained during off-duty hours? 6. Emergency audits. You should consider whether there are resources for conducting an audit of your emergency planning. For example, the local police or fire departments may conduct an audit of your facility and make suggestions concerning safety. Similarly, your company property insurance carrier can advise you as to the safest places to be in your facility in the event of a tornado. Sample Emergency Policy #1
Accidents When an employee in your department is injured, you should see to it that he or she reports to the company nurse/designated clinic immediately. In cases of serious injury or where an employee has a seizure, care should be exercised in moving the injured or ailing person. Where there is any doubt, a stretcher should be utilized. First Aid Employees designated as being trained in first aid should be notified if an employee is ill or injured. The company nurse/local EMTs should be called if the illness or injury is serious. Fires Please follow the company fire prevention/evacuation policy. Employees trained in operation of fire extinguishers can attempt to handle small fires; all other employees should evacuate the building as previously instructed.
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Sample Emergency Policy #2
In case of a serious accident, call: _____________________ The Human Resources department will make all arrangements to see that the employee/customer receives immediate attention. Each employee is responsible to report every work-related injury, no matter how slight, to his or her supervisor. Failure to do so may cause the employee to lose insurance coverage to which he or she might otherwise be entitled. Each supervisor is responsible for seeing that his or her employees report all accidents. The supervisor is further responsible for seeing that all injuries, no matter how slight, receive immediate treatment.
Minor Injuries Minor injuries, such as cuts, scratches, bruises, and burns that do not require a doctor’s treatment, may be handled using one of the first-aid stations located in the lunch room and throughout the facility. If a supervisor is treating an injury and is uncertain as to whether a physician is required, he or she should contact Human Resources for a decision. If someone in Human Resources is not available, the injured employee should be referred to [local doctor], or to the emergency room at [local hospital]. All injuries or complaints treated at the first-aid stations will be entered into the log book at the station. Entries shall include the following information: • Date and time of injury • Date and time of treatment • Employee’s name and clock number • Nature of injury (cut on left ring finger, bruise on right foot, headache, etc.) • Treatment given (washing, use of antibiotic, bandages; employee-requested pain reliever; use of eyewash; sent to [local hospital], etc.) • Occupational or nonoccupational (Note: If injury happened at home or the employee has a headache or stomach upset, it is nonoccupational.) • First visit or follow-up (If you are replacing an old bandage, it is a follow-up treatment.) • Person administering first aid (name) Serious Injuries Every attempt must be made to channel all referrals to outside medical assistance to [local doctor] or to [local hospital]. These sources are fully aware of the need to protect both the employee and the company in cases of work-connected injury. It is imperative that Human Resources be notified of all injuries referred for outside medical assistance. Furthermore, the supervisor’s accident investigation report must be completed in detail and sent to Human Resources immediately after the supervisor learns of the accident.
Fire Prevention Policies Points to Cover
Here are some of the other items of information frequently covered by policies on fire prevention:
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• Common fire hazards. You may want to list some of the most likely causes of fires in your specific plant or facility. Another approach is to attach a copy of your fire prevention checklist to the policy statement. • Fire drill/evacuation drill procedures. How often are fire drills/evacuation drills conducted? Where are evacuation route maps and instructions posted? What are the supervisor’s responsibilities during a drill? What is the signal for an evacuation? How are drills handled on alternate/rotating shifts? • General safety precautions for avoiding a fire. If fire prevention rules aren’t included elsewhere in your policy manual, be sure to list them here. • Fire-fighting equipment. Is the company equipped with a sprinkler system? Where are extinguishers located and who is authorized to use them? Under what conditions should they be utilized? • Fire emergency procedures. Do you want employees to fight small fires or to just evacuate? This may be a question for your insurance carrier. Under what circumstances should a supervisor attempt to put out a fire? If the fire cannot be contained or controlled, what steps should the supervisor take? • Fire reporting procedures. What is the preferred means for reporting fires and other emergencies? Where are fire alarm pull boxes located? If you don’t have fire emergency telephone numbers listed elsewhere in your manual, they should be highlighted in your policy statement. • Training. Has training been provided for: —Types of potential emergencies? —Alarm systems? —Evacuation plans? —Shelter-in-place plans? —Reporting procedures for personnel? —Shutdown procedures? When should this training be provided: —Initially when any new plan is developed or existing plan is revised? —For all new employees? —When new equipment, materials, or processes are introduced? —When exercises show that employee performance must be improved? —Annually? Every 6 months? • Evacuation procedures. When is the facility evacuated? Who decides if and when to evacuate? What are the evacuation procedures? Are there individuals who have identified that they will require assistance in an evacuation? Are employees assigned to monitor equipment while others evacuate and then they too leave? Is equipment turned off? Is there a designated meeting location after evacuation? • Emergency response team. Is there a need for an emergency response team? Are the employees assigned to the team physically able to carry them out? What training does the team need:
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—Use of various types of fire extinguishers? —Incipient and advanced stage fire fighting? —Shutdown procedures? —Evacuation procedures? —First aid, including cardiopulmonary resuscitation (CPR)? —Chemical spill control procedures? —Use of self-contained breathing apparatus (SCBA)? —Search and emergency rescue procedures? Things to Consider
The scope of fire prevention policies can vary enormously, as the sample policies that follow this discussion will illustrate. In deciding how extensive you want your policy to be, consider the following: 1. The level of fire danger in your company. If your operations entail the use of flammable or combustible substances, the level of fire danger is likely to be quite high, and you will want your policy to reflect your concern with this ever-present hazard. If, on the other hand, your employees do not regularly handle such substances, and the only real danger of fire is from electrical sources, you may be able to confine your policy statement to a reminder about these hazards and a brief summary of fire drill procedures. 2. Status of your fire prevention program. Some companies have well-established formal fire prevention programs that have been in operation for a number of years. However, if your company lacks such a program, your policy manual may be the only place where supervisors can find all the information they need. In this case, you will want to cover the points listed above in some detail. 3. Legal compliance. The federal Occupational Safety and Health Administration (OSHA) has a number of regulations dealing with means of egress in case of fire, evacuation procedures, organization of fire brigades, and fire-fighting equipment (extinguishers, automatic sprinklers, and alarm systems). Familiarize yourself with these regulations and any state laws that might apply to fire drills or fire prevention and fighting procedures. OSHA’s general industry standards for fire safety and emergency evacuation (Subpart E, 29 CFR 1910.36, 37, and 38) and standards for fire fighting, fire suppression, and fire detection systems and equipment (Subpart L, 29 CFR 1910.156 through 165). 4. State and local laws. Most state laws apply only to employers over a certain size or in certain industries, where the number of employees and types of fire dangers increase the complexity of evacuation plans and makes regular fire drills a necessity. Check with state and local regulations regarding fire drill frequency and recordkeeping requirements for your particular industry. Sample Safety Habits/Fire Prevention Policy (Standard)
The company expects each employee to keep his or her work area clean and free of rubbish, and by observing all rules regarding fire prevention.
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Combustible and Flammable Materials Flammable materials such as paper, cardboard, oily rags, etc., must never be placed near steam pipes or radiators. All oily waste and other materials of no value must be placed in metal receptacles provided. Care must be exercised in the handling of flammable materials, especially flammable liquids. Extreme caution should be taken to see that such materials are not spilled or splashed, particularly on clothing. Flammable liquids must be kept only in properly labeled safety containers that are provided for that purpose. Fire Exits and Drills Supervisors should instruct new employees of the location of at least two escape routes and exits nearest their work stations. In case of fire, WALK to your assigned exit. Do not shout or say anything that might lead to panic among fellow employees. A building can be emptied quickly if everybody keeps calm. Fire drills are held a minimum of once a year to insure the prompt and safe exit of employees from all buildings in case of an actual fire. Prompt obedience to supervisor’s and fire captains’ instructions is required during these drills. Sample Fire Prevention Policy (Progressive)
Our fire prevention policy is designed to ensure that all reasonable steps are taken to preserve life and property from exposure to fire hazards. The requirements listed here identify the basic elements of our fire prevention program. They should be a part of every manager’s day-to-day responsibilities. While they generally apply to all company locations, they are especially important in those facilities that do not have full-time safety and fire prevention personnel. This policy is not intended to deal with the complexities of fire prevention in building design, fire protection systems, high-hazard exposures, compliance with legal ordinances, or the many technical details of fire prevention. It is meant to serve as an outline of the various aspects of our fire prevention program and as a helpful resource for managers and supervisors who must carry out the program’s specific procedures.
General Fire Prevention Rules 1. Identify the address and phone number of the public fire department and other emergency units that should be summoned. Post this information and the emergency procedure for summoning assistance in strategic locations. 2. Establish a warning system for fires or similar-type emergencies. The alarm system must be tested periodically with complex alarm systems being tested more often to insure the system is in working order. A written record of alarm tests will be maintained. 3. Designated departments will establish an emergency organization of selected employees to be organized and trained to deal effectively with fires and other occurrences. 4. A monthly self-inspection shall be conducted by managers to identify and correct recognizable fire hazards. 5. Inspections of fire extinguishers and hose stations shall be conducted monthly by a designated employee.
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6. Exit doors, approved hardware and lock devices, exit signs, passageways, and means of emergency exit shall be inspected periodically to insure their working condition and unobstructed access. Padlocking of a designated fire exit door is prohibited. 7. Interior fire doors that are part of the building design to limit the spread of fire shall be inspected and tested periodically to insure their working condition. Holding fire doors open by use of chocks, door wedges, or similar means is prohibited. 8. Emergency lighting shall be inspected and tested at periodic intervals by a designated employee to assure good operating condition. 9. Respiratory protection equipment designated for emergency use shall be inspected monthly by a designated employee, and the date recorded on a tag attached to the unit or storage container. 10. Sprinkler system control valves shall be wire “sealed” in the open position. All riser and valve locations shall be maintained free of storage and protected against damage by barrier or enclosures. 11. Safety and fire prevention requirements shall be followed in any required shutdown or impairment of automatic sprinkler protection systems. 12. Procedures for a fire permit system shall be established to control flame- or spark-producing equipment. 13. Procedures shall be established to control the receipt, storage, handling, and use of flammable liquids. The use of safety cans for handling separate storage of flammables, minimizing concentrations, and proper identification of containers are typical procedures which shall be enforced. 14. Smoking prohibitions shall be maintained in hazardous areas in accordance with local and stage regulations. Those workers who do not follow the prohibitions face disciplinary measures. 15. Procedures shall be established for reporting and investigating fire and other incidents. 16. The training of selected personnel in the use of fire extinguishers shall be accomplished on a periodic schedule. All other employees should evacuate the facility and not attempt to fight fires themselves. 17. Procedures to accomplish after-hours notification of key personnel when the facility is operating at less than normal complement or shutdown shall be maintained and kept current. 18. Access of emergency vehicles to the facility is important. Employees must adhere to posted restrictions about parking of vehicles or placing other obstructions in access lanes next to facilities. 19. Fire/evacuation drills shall be carried out in accord with a regular yearly schedule. 20. Proposed changes in facilities’ layouts, materials, operations, and constructions shall be reviewed by unit safety and fire prevention personnel as early in the planning stage as possible in order to establish the necessary fire prevention measures. Resulting changes in exit routes must be clearly communicated to facility employees. 21. Unit safety and fire prevention personnel shall make sure that specialized training is provided to persons with responsibilities for maintenance of fire-fighting equipment, related systems, and supplies.
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Sprinkler Systems Shutdown Planned impairment of automatic sprinkler systems shall be permitted only upon approval of the management responsible for the operations involved and shall be of the minimum possible duration. Any person initiating or performing any action affecting sprinkler protection will determine that all of the following have been accomplished: • Location maintenance supervision and the supervision of the area affected is notified in advance of the intended shutdown. • Fire protection procedures during shutdown have been reviewed and are satisfactory. • Equipment is on hand for emergency restoration of service. • All additional notifications of system shutdown are completed, including notice to the fire insurance company where applicable. Unit Emergency Organizations Each location, depending on the size and nature of operations, may need personnel who are trained and equipped to deal effectively with accidents, fires, and similar emergencies. Unit emergency organizations (UEOs) can provide the best means of bringing control to emergency situations in the critical first few minutes of an incident. UEOs are also known as fire brigades, fire departments, rescue squads, or first-aid squads. The need for UEOs is apparent in large manufacturing facilities, office complexes, hotels, field service units, and similar sites where organized response to an emergency is vital. UEOs in various forms are more frequently being required by law. 1. Personnel The number of personnel in the UEO shall be suitable to deal effectively with possible emergencies. Either supervisory or hourly employees may be selected. Provisions shall be established to assure UEO members are physically qualified. 2. Organization Each UEO shall have a chief or similarly designated person in order to provide effective organization and control in emergencies. 3. Training All members of the UEO shall be fully trained in the responsibilities assigned to them. Training schedules shall be established and kept current to include a minimum of six practice drills annually. 4. Equipment Equipment shall be carefully selected in accordance with the expected emergency requirements, shall be of good quality, and shall meet recognized equipment approval criteria, where appropriate. Portable fire extinguishing equipment should include units of large size to bring additional firefighting capacity to the scene of an emergency. Wheeled and tank-size dry chemical units, for example, could be typical UEO equipment.
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Mobile emergency communication equipment is normally required. It shall be of first quality and properly maintained. PPE, clothing, respiratory equipment, tools, first-aid equipment, and the like should be selected in accordance with its potential. Emergency vehicles for on-site use are frequently necessary to transport equipment and/or personnel in emergencies. These vary according to their type, size, and number. Segregated areas shall be provided for the safe and strategic location of UEO equipment. 5. Establishing a UEO Each location shall determine the need and, as required, establish a UEO which will be effective in dealing with emergencies. Safety personnel shall provide advice and support on organization, equipping, training, and functioning of the UEO. Occupancy of buildings as a tenant or building owner may introduce complexities in regard to emergency responsibilities. Any complexities should be resolved in order to assure company interests and as they affect the need for a UEO.
Fire Permit Requirements 1. A Fire Permit is required in operations involving flame- or spark-producing equipment when the degree of fire hazard is above normal due to the possible presence of flammable liquids, vapors, gases, combustible materials, and physical conditions of construction. 2. Under no circumstances shall Fire Permits be authorized by other than company supervisory personnel. 3. The person issuing Fire Permits will explain the requirements to the personnel involved, including any outside contractor, at the time the permit is issued and before the work is started. 4. Departments shall duplicate and use the Fire Permit form included in this policy or one of similar design which equals or exceeds the intent. 5. Cutting or welding will not be done while sprinklers are out of service. Any exceptions must be approved by location management and Safety and Fire Prevention personnel. 6. The Fire Permit must be visible at the work site. 7. Additional fire protection equipment such as extinguishers will be provided. A fire watch may be provided as necessary. 8. Floors and surrounding areas should be swept clean and may be wetted down as necessary. 9. A Fire Permit does not authorize smoking privileges in any area. Fire Drills and Emergency Evacuation Procedures It is the responsibility of every manager and department head in the company to ensure that the employees under their supervision know how to get out of the building in the event of a fire emergency. An orderly evacuation depends on both an early warning and employee awareness of the proper procedures to follow. While the procedures below apply to all company facilities, managers in small locations with few employees must use their own judgment in implementing them.
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1. Each location shall establish procedures to be followed regarding the evacuation of buildings in emergencies. 2. Where possible, key emergency instructions shall also be highlighted in the location phone directory. 3. Each location shall have an alarm system or other suitable means to alert the occupants to the need for evacuation. 4. Concise emergency instructions shall be posted at strategic locations throughout the premises, including a floor plan drawn to indicate the emergency exits, the procedure for sounding an alarm, and evacuation instructions. 5. Fire drills shall be held in accordance with a regular schedule. In general, all locations should have not less than one fire drill annually. 6. Emergency exits and routes leading to them shall be clearly identified by signs. Current standards on construction, dimensions, lighting, and number of exits required by safety codes shall apply in designating exits. 7. As applicable, location procedures should include the following minimum personnel actions after the alarm has sounded:
All Personnel • Take whatever immediate steps are necessary and feasible to minimize any hazard in leaving the work area unattended. • Do not use elevators for evacuation purposes. • Assemble at a predetermined safe location for attendance check. • Do not re-enter building until the “All Clear” signal sounds or similar verbal instructions are given by responsible authority. Supervisors • Direct the evacuation of your area and account for personnel. • Advise the responding authority of the situation and warn of potentially hazardous conditions. Fire Extinguishers Fire extinguishers are classified on the basis of what types of fires they are most effective in handling: CLASS A extinguishers should be used for fires involving ordinary combustible materials such as paper, wood, and textiles. CLASS B extinguishers should be used for fires in flammable materials such as gasoline, oils, lacquer, thinner, paints, and greases. CLASS C extinguishers should be used for fires in electrical equipment. CLASS D extinguishers should be used for fires involving metals. Fire extinguishers are provided for use within specific areas and are considered “first aid” to control fire in the early stages.
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Fire Alarm Systems Fire alarm systems are used to warn employees of emergency conditions and to trigger an orderly evacuation of the building. Such systems also provide the means to activate fire control equipment and notify the fire department and other emergency services. Statutory regulations, fire codes, and other local building codes normally specify the requirements for alarm system installations. Fire alarm systems can be either manual or manual-automatic in operation. Manual systems must be activated by persons at the location. Manual-automatic systems detect a predetermined condition and activate the alarm system automatically, in addition to being manually operated by personnel at the location.
Workers’ Compensation Policies Points to Cover
• Applicable state law. You may want to start your policy statement by citing the relevant •
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•
•
•
•
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statute and summarizing its basic provisions. Benefits. If detailed information on the amount of workers’ comp benefits is not readily available to supervisors elsewhere, you can include a compensation schedule or a brief explanation of how payments are calculated. What are the limitations on the amounts of medical expenses and lost salary that an employee can receive? Exceptions. You may want to cite some examples of injuries or illnesses that are not covered by workers’ comp. For example, injuries incurred in an accident that is due to an employee’s intoxication or flagrant abuse of work rules may not be covered. By giving a few relevant examples, you stress the point that the availability of workers’ comp does not justify ignorance or abuse of safety rules. Claim procedures. What are the procedures that must be followed when an employee is injured on the job? What forms must be completed? This can be broken down into two parts (1) the responsibilities of the supervisor, and (2) the responsibilities of the Human Resources department. Maintenance of other benefits while on leave. If employees are out of work for an extended period of time, will the company continue to their participation in other benefit programs? If some of these benefits require an employee contribution, for example, health insurance, must employees pay this out of their workers’ comp benefits or will the company pick up the full amount for the duration of the leave? Procedures governing return to work. If an employee is out of work for an extended period of time, will his or her old job be kept open? What if the employee is able to return to work but is no longer physically able to handle the old job? Is a medical release required? Will you permit return to “light duty” or must the employee be fully recovered? Amount of leave. Is there a limit on the amount of time an employee can be absent? Does this rule apply to workers’ compensation claims? Is it lawful to apply it? Does it have to apply to workers’ compensation claims in order to avoid violating some other discrimination law? If there is such a limit, and it is lawful to apply it, your policy should state what the limit is. Limits on light duty. Is there a limit on how long an employee can work in a “light duty” position? Does this rule apply to workers’ compensation claims? Is it lawful to apply it? Does
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it have to apply to workers’ compensation claims in order to avoid violating some other discrimination law? If there is such a limit and it is lawful to apply it, your policy should state what the limit is. • Documentation and paperwork. This part of your policy should cover forms that must be filled out by the supervisor, by the Human Resources department, and by the examining physician. Keep in mind that the failure to report compensation claims can lead to fines. Also remember to coordinate your workers’ compensation forms with any paperwork required by state or federal safety laws, such as the OSH Act. • Analysis and correction of dangers. What are the procedures for reviewing any claim in order to correct dangers? Does a workstation need to be redesigned? Is safety training required? • Coordination with safety training. Your policy should provide that records of workers’ compensation claims are shared with the safety manager so that your safety training can be used to reduce claims. • Confidentiality of records. To ensure that you do not violate any privacy laws, the information that is provided concerning workers’ compensation claims should be limited to those individuals with a business need to have the information. To illustrate, while your safety manager needs to know about the accident, the injuries, and the job function, he or she does not normally need to know the identity of the employee. • Coordination of benefits. If an employee is entitled to workers’ compensation, will you also provide group health coverage for the same injury or will you exclude it? Similarly, if the employee files a group medical claim, will you later oppose coverage under workers’ compensation for the same injury? • Retaliation. Most states forbid discharging an employee because the individual files a workers’ compensation claim. It is also the public policy in almost all states. Your policy should indicate that no employee will be fired for filing of a claim. Moreover, you should include the same rule in your discharge policy. Finally, you should design a system so that a supervisor looks for items such as a workers’ compensation claim after deciding to fire an employee, but before doing so. In that way, you will be aware of the risk of a wrongful discharge claim before you fire the employee. At the same time, you will not have inadvertently created a wrongful discharge claim by looking for a compensation claim prior to deciding to fire the employee. Legal Points
• Workers’ compensation (formerly known as workmen’s compensation). This insurance covers employees’ injuries or illnesses as a result of their jobs. Generally, an employee does not have to establish any fault by the employer, only that the injury or illness is work-related. The employer’s liability is generally limited to lost wages and medical costs. Each state has a workers’ compensation law governing the amount of the payments and eligibility. In most states, employers must provide workers’ compensation through insurance or self-funding. Two states (New Jersey and Texas) permit employers to choose not to carry workers’ compensation. However, in these states, employers can be sued for negligent working conditions and have very limited defenses to such claims.
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• Family and Medical Leave Act (FMLA). Many employees covered by workers’ compensation
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are also protected by the FMLA. You should take care to explain the benefits of both laws to employees. Note: rights under the FMLA may be contradicted by your state workers’ compensation statute, and you should contact your attorney regarding these issues. For example, the FMLA can be violated if you require an employee who is “not fully recovered” to return to work for “light duty,” but workers’ compensation may reduce benefits if the employee does not return. Discrimination. Discrimination or retaliation for filing under or receiving workers’ compensation is usually unlawful. ERISA. Many employers have short- and long-term disability policies. These policies are generally governed by the Employee Retirement Income Security Act (ERISA). Normally, work-related injuries are not covered by such policies, but you should ask to make certain. COBRA. Injured employees covered by workers’ compensation who do not return to work may have a right to group health continuation under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). ADA. Sometimes employees are so severely injured by a work-related accident that they meet the definition of disability under the Americans with Disabilities Act (ADA). You should apply the ADA rules under such circumstances. At times the rules of the ADA and workers’ compensation contradict each other, and for that reason you should consult the Equal Employment Opportunity Commission (EEOC) guidelines concerning the interaction between the ADA and workers’ compensation and with counsel when these issues arise. For example, requiring that an employee be “fully recovered” before returning to work may be lawful under workers’ compensation, but may violate the ADA. The Occupational Safety and Health Act. The OSH Act applies to work-related injuries and illnesses. It, too, will have various reporting requirements. HIPAA. The Health Insurance Portability and Accountability Act (HIPAA) may apply to some workers’ compensation claims in the context of confidentiality of medical records. Drug policies. Some state workers’ compensation laws may require an employer to have a drug policy. Others may have rules that apply if the employer does drug testing.
Things to Consider
• Your company’s safety record. If a study of your company’s records reveals a fairly high
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frequency of on-the-job accidents leading to workers’ comp payments, you may want to stress the high cost of workers’ comp premiums, lost time at work, and the importance of accident prevention in your policy statement. Employers are responsible for paying workers’ comp premiums, and these are usually adjusted to reflect the company’s claims. A policy statement can be the first step in helping supervisors understand what they can do to keep these costs (not to mention the injuries that trigger them) to a minimum. Integration with policies on sick leave, accident reporting, and wage and salary administration. Review your policies in closely related areas to make sure that there are no conflicts. You may want to mention workers’ comp as part of these other policy statements.
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• Other explanatory materials available. Sometimes the state will put out brochures or book-
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lets explaining the workers’ compensation law. Your Human Resources department may have printed materials to which supervisors can refer when confronted with a potential workers’ comp case. If most of the information your supervisors need concerning workers’ comp is readily available elsewhere, it may not be necessary to go into a great deal of detail in your policy statement. Workers’ compensation as a defense. Because the remedies under workers’ compensation are limited to medical expenses and lost wages, you may want to treat claims for intentional infliction of emotional distress, wrongful discharge, assault and battery, defamation, invasion of privacy, and the like as workers’ compensation claims. By doing so, you may avoid damages for pain and suffering, emotional distress, and most punitive damages (but most likely, this will not happen). Also, whether such claims are covered by workers’ compensation will vary from state to state and even claim to claim. Good faith and fair dealing. Courts have begun to recognize the concept of good faith and fair dealing in the context of workers’ compensation claims. To illustrate, if an employer or insurance carrier denies workers’ compensation to an employee and does not have a good reason for doing so, it could be sued for violation of the duty to deal fairly and in good faith with the employee. Moreover, the employee could sue not only for the actual remedies due under the compensation system but also for damages such as increased costs because of the delay, pain, and suffering due to the delay, and punitive damages. The latter are damages imposed by the court to punish the employer or the insurance carrier and to discourage others from doing the same thing. First-aid and emergency training. You should consider arranging for first-aid and emergency training for your employees. Local organizations such as the American Red Cross, the American Heart Association, fire departments, and others often offer the training at no or minimal cost. Indeed, OSHA and some states may require employees to be trained for particular emergencies. For example, some restaurants are required to train employees on how to assist a choking victim. Light duty. As “light duty” is difficult to define, it may be best not to allow an employee to return to work until released by a physician with specific limitations (e.g., cannot lift more than 10 pounds, cannot work more than 6 hours per day, cannot climb ladders, etc.). To illustrate, when light duty is not well defined, the employee risks being reinjured when trying to do too much. On the other hand, the other employees may resent the employee on light duty, who is perceived as “gold bricking.” It is also possible that requiring an employee to be “fully recovered” before returning to work violates the ADA. In contrast, the FMLA can be violated if you require an employee who is “not fully recovered” to return to work for “light duty” or be fired. Claims and litigation management. Claims should be investigated quickly and thoroughly. Interview all witnesses to determine what the employee was doing at the time of the injury and how the accident occurred. Complete all forms quickly and completely. Assign one person to personally follow up with the employee. This personal approach will communicate to the individual that the employer cares and that the employee is needed. In addition, it may reduce costs due to malingering.
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•
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Consider using one or two law firms to handle all of your claims. By doing so, you allow them to develop an expertise in your operations. At the same time, you can establish a relationship with the firm so that the attorneys evaluate the claim early and on a periodic basis thereafter. Stress. More and more claims for workers’ compensation are being filed for mental and physical disorders caused by work-related stress. Mental stress can cause a physical injury (e.g., a stroke). On the other hand, a physical injury can cause a mental injury (e.g., a fall causing a fear of heights). Conversely, mental stress can cause a mental injury such as anxiety and depression. If your state recognizes one or more of these claims as compensable under its workers’ compensation system, you may want to create a program to reduce stress and to treat it when it does occur. Reporting injuries. Some employers, in addition to requiring reporting of all injuries, periodically survey employees about work injuries. These companies provide a written form asking employees if they have suffered a work-related injury or illness within the last month, quarter, half year, etc. The employee is required to complete the form and return it. If the employee responds that there were no work-related injury or illness and then later claims there was, the employer and its insurance carrier may be in a better position to challenge the claim. When writing such a policy, care should be taken to comply with applicable laws, such as the ADA. Drug testing. You may need to coordinate your drug testing policy with workers’ compensation claims. Will you drug test whenever there is an injury? Do your state’s workers’ compensation laws require a drug policy? Does it require certain procedures if you drug test? If you only test employees reporting work injuries, you may be liable for workers’ compensation discrimination.
Sample: Workers’ Compensation Policy (Progressive) Supervisor Guidelines
1. Reporting injuries. Employees who incur a job-related illness or injury are required to report immediately (at least within 24 hours) to their supervisors. 2. Supervisor’s responsibilities: A. The supervisor, upon notice of a job-related illness or injury, and depending upon the injury, will immediately arrange for the injured employee to receive required medical care, including being taken to the hospital, if necessary. B. The supervisor will question the employee and all witnesses regarding the cause and circumstances of the injury. C. The supervisor will investigate the cause of the incident to determine any corrective action. D. The supervisor will prepare a written report giving details and circumstances surrounding the injury or illness (supervisor’s report of injury).A form may be obtained from the Human Resources department.The completed report must be submitted to Human Resources on the day that the injury took place, or the next morning for second and third shifts. 3. Human Resources responsibilities. Upon notice of a work-related injury or illness, the Human Resourcess manager will:
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A. Review the supervisor’s report and discuss the case with the physician or person providing first aid or medical care to the employee. B. Determine the company’s liability. C. Upon determination that the injury or illness is work-related, the branch manager will complete and process all necessary documents as required by the state and the workers’ compensation insurance carrier and ensure that the employee receives the necessary medical treatment and that all claims and payments are handled promptly and efficiently. D. Complete all OSHA forms and make any reports required by OSHA. 4. Cases of doubtful liabilities. At no time should a supervisor or a member of management make any commitments or statements pertaining to the company’s liability in regard to an employee’s injury or illness. Should an employee demand to know the company’s position, the employee is to be advised that an investigation is in progress, and that no decision has yet been made. 5. Pay for job-related injuries or illnesses. Employees who suffer a job-related injury or illness, and who must report for medical treatment during working hours on the day of the injury, will be compensated, at their prior week’s average hourly rate, for the time lost while receiving treatment up to a maximum of 8 hours, providing that the total hours paid on the day of the injury does not exceed the number of hours that the employee would normally work. The immediate supervisor is to note and approve on the employee’s time card the time lost due to treatment of a work-related injury or illness. 6. Follow-up responsibilities. During an employee’s absence due to a job-related injury or illness, the Human Resources department or other designated staff member is to remain in close contact with the employee, the attending physician, and the insurance carrier. Such contact, depending upon the extent of the injury or illness and anticipated duration of the absence and applicable law (e.g., ADA or FMLA) should include: Physicians • An initial discussion with the treating physician in order to establish the nature and extent of the employee’s injury or illness and the probable return-to-work date. • In those cases where the absence is likely to extend beyond 1 week, a follow-up with the physician should take place in order to obtain information relating to the injured employee’s progress and periodically to request a written statement of the employee’s condition and the expected date of return to work. The frequency of the physician’s statements will depend on the nature and extent of the injury or illness. However, as a general guide such statements should be requested, either (1) on the date on which the physician had stated a probable return to work or (2) monthly, whichever occurs earliest. • A second opinion (called an independent medical examination) should be obtained from another physician, selected by the company, in those instances where (1) an absence extends beyond the initial “probable return to work date,” (2) an absence extends beyond 1 month, or (3) in cases of doubtful liability.
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Employees • Employees whose work-related illnesses or injuries are expected to prevent them from returning to work within 1 week should be visited by the designated manager or staff member during the first week of absence. • An employee need not be visited if the probable return-to-work date is within 1 week of the day of the accident. If the absence extends beyond 1 week, the employee should be visited as early as possible during the second week of absence. • Employees whose absences extend beyond one month should be visited again during the first week of the second month and all subsequent months until such time as the employee either: —Returns to work —Is considered permanently disabled —Has received all compensation and awards payable. • Regular telephone contact is to be maintained with the employee between visits. The purpose of the visits previously mentioned and telephone contact is to perform the following: —Demonstrate the company’s concern regarding safety and the employee’s protection and welfare. —Encourage employees to return to work as soon as they are physically capable of performing the work available. —Ensure that the employee is receiving necessary medical attention and timely compensation payments. Note: Whenever possible, employees on leave are to be encouraged to report to the company’s Human Resources office to pick up benefit checks, thus providing further opportunity to obtain facts relating to the frequency of treatment and expected returnto-work date. Insurance carriers • In addition to completing and processing all necessary documents immediately following a work-related injury or illness, the insurance carrier should be kept informed of the condition and expected return-to-work date of the employee, with copies of physicians’ statements sent to the carrier without delay. • In cases of doubtful liability, carefully investigate, document information, and promptly forward it to the insurance carrier. • An absence involving an unusually long duration for the type of injury or illness requires investigation and continuing follow-up with the insurance carrier. • Should a hearing be necessary in order to determine the company’s liability, it is the insurance carrier’s responsibility to ensure that the Human Resources manager (or designated
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staff member) is notified of the date, time, and place of the hearing and all pertinent facts related to the case. 7. Return to work of employee following job-related injury or illness Employees may not return to work following a job-related injury or illness until their return is approved by doctors acceptable to the company. Providing the employees are released unconditionally, they will be reassigned, if possible, to the jobs they had prior to their injury or illness. However, if those jobs are not available, the employees will be assigned to work which is as equivalent as possible (in duties, hours, and pay) to their previous jobs. If employees are released, but are restricted in the duties they can perform, they will be assigned to work that corresponds to their restrictions, provided that this type of work is available. Normally, employees will be paid at the pay rate assigned to the work. However, applicable law may require that employees be paid at their normal rate. Please contact the company counsel to determine which pay rate to use. If work within the employee’s restriction(s) is available, the restrictions being of a temporary nature, the employee will be assigned to restricted work until he or she is physically capable of reassignment to his or her previous job. Upon assignment to restricted work, the employee is to be advised of the nature of the assignment. If work is not available within the employee’s restriction(s), he or she is to be kept on leave of absence until: • Work within his or her restriction(s) is available. • The employee’s restrictions have been removed or altered so as to permit return to his or her original job or another open job. • A decision is reached by the physician that the employee is not reemployable. • The employee has received all compensation and awards payable to him or her or a decision on the company’s liability has been made by the Industrial Commission. • The expiration of the leave (maximum 1 year). Any of these procedures may be altered in order to comply with applicable laws, such as the ADA and the FMLA. 8. Work-related death of employee In the event that an employee dies while at work, or dies while off from work because of a jobrelated injury, the president, vice president of Human Resources, workers’ compensation insurance carrier, and legal counsel are to be notified immediately. In addition, the OSH Act normally requires an employer to report with 8 hours to the nearest OSHA area office, by telephone or in person, an accident or health hazard that results in one or more fatalities or hospitalization of three or more employees. If the area office is closed, the employer is required to call 1-800-321-6742. Voicemail messages, faxes, or e-mails to an area office are not acceptable. Exceptions to such reports include certain motor vehicle, commercial transportation, or public transportation accidents. Legal counsel should be sought to determine if any of these exceptions apply.
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Note: No statements of the cause, probable cause, or suspected cause of death are to be made to any employee, relative, or representative of the deceased, news media, or other person or agency until the cause of death has been determined by a legally qualified person or official body empowered to make such determinations. If inquiries are received, they are to be referred to the president of the company to handle. 9. Reports, letters, and summons. A. Reports to state Workers’ Compensation Commission and insurance carrier All reports to the above organizations are to be made promptly by the vice president of finance. B. Telephone calls, letters, and/or notices from attorneys, insurance carriers, or Workers’ Compensation Commission All calls and all correspondence concerning job-related injuries, illnesses, or deaths are to be referred to the vice president of finance. C. Summons Any court summons received is to be delivered to the president immediately. The person who is served with the summons should note the date and time it was served. D. OSHA logs and reports OSHA logs and reports are normally created by the Human Resources manager. Sample: Workers’ Compensation—Time Frame (Strict)
The following time frame lists the approximate length of time taken for an employee to receive payments due as a result of a verified job-related injury. Note: These time frames may vary from state to state.
Procedure and Time Frame for Compensation Reimbursement Working Day 0 Employee has accident at work. All accident forms are completed. All OSHA reports/logs completed. Working Day 4 An injured employee is now out of work for 4 days, so this becomes a compensation case. If employee is out more than 3 but less than 7 days, compensation is paid for time out after day 3. If employee is out for 7 days, compensation is paid from day after accident, with day of accident being paid as a full workday. Working Day 5 Request submitted for injured employee’s earnings for last 26 weeks before accident. Working Day 6 Injured employee’s average earnings computed. Form for agreement to compensate signed by employee if at work, then sent to company insurance attorney for approval. If employee still at home, form mailed there. Working Day 10 Signed agreement form received from injured employee by mail, then sent to company insurance attorney for approval.
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Working Day 14 Working Day 18
Working Day 19
Approved form received back from company insurance attorney and sent to compensation commissioner. Agreement to compensate returned to Human Resources office. Check request made out for approval payment. By law must commence on/before tenth day from date of this agreement.) Check written, signed by attorneys, and mailed to injured employee. (If injured is out 2 weeks, check is for amount of pay to date, and is then paid (automatically each week injured is out of work.)
Hazard Communication Policies and Programs Legal Points
1. Applicable law. OSHA regulations for the Hazard Communication Standard may be found at 29 CFR 1910.1200. Twenty-one states and Puerto Rico also have OSHA-approved state plans. Connecticut, New Jersey, New York, and the U.S. Virgin Islands have approved plans for public employees only. Some states do not have OSHA-approved plans but have their own right-to-know laws. 2. Employers. Those that use, produce, or distribute chemicals are required to disclose to employees and customers any health hazards posed by those chemicals in the workplace. 3. Chemicals covered. The law covers any chemicals, including those in mixtures known to be present in the workplace, to which the employees are exposed under normal working conditions or in a foreseeable emergency. It does not, however, cover hazardous waste, hazardous substances (when covered by the Comprehensive Environmental Response, Compensation, and Liability Act), tobacco or tobacco products, wood or wood products, physical objects (e.g., plastic chairs or tables), consumer products (e.g., food, drugs, or cosmetics), any drug administered to a patient, nuisance particulates, ionizing and nonionizing radiation, and biological hazards. 4. Trade secrets. Generally, employers are permitted to protect trade secrets from inappropriate disclosure. 5. Preemption. Many states have their own right-to-know laws. OSHA requires that state law be at least as stringent as federal law. If the state law is stricter, it preempts federal law. Points to Cover
If you have hazardous chemicals in your workplace, you are required by federal law to have a written hazard communication program. There may be state laws that have additional requirements. • Policy statement. You should state that it is company policy to provide a safe workplace for your employees. You may want to have a standard that is based on OSHA or state law. Certainly, you will want to be careful when creating a workplace standard that exceeds government requirements, as you may inadvertently impose upon yourself a standard that is impossible to meet. • Written hazard communication program. Your policy should provide for a written hazard communication document that describes how you intend to generally comply, identifies hazardous chemicals in the workplace, and gives specific methods of complying with the law.
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• Identification of chemicals. Your program needs to provide for the identification of chemicals
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in the workplace by proper labeling. Labeling should include the identity of the chemical and appropriate hazard warnings. The labels need to be legible, in English, prominently displayed, or readily available. Further, you cannot rely upon the vendor to provide you with this information if you are a nonmanufacturing employer. Instead, your policy should call for you to take affirmative action: i.e., you will contact a vendor if a shipment of items does not contain an MSDS and if a label reveals that a chemical contained in the product is one of those for which hazard information must be provided. Moreover, you will seek identification of the chemicals in any item when it is not shipped with a label. MSDSs. Your program needs to provide for the development, maintenance, and availability of material safety data sheets. Availability of the program. Your program will need to recite the manner in which it and the list of the hazardous chemicals in the workplace will be made available to your employees. Training. Your program should require that employees be trained to detect the presence of a hazardous chemical in the work area, the physical and health hazards of other chemicals, how the employees can protect themselves from these hazards, and the details of your hazard communication program. Further, your program should provide training for employees at the time they are initially assigned to the job and whenever a new hazard is introduced into their workplace. Documentation of compliance. Your policy should require you to document clearly your compliance with the law. You should maintain these documents for the required amount of time. For example, you will want to keep records showing you contacted a vendor when that vendor did not tell you about the ingredients in a product. Further, you will want to keep a copy of the response from the vendor establishing that there were no known chemical hazards. You also want to maintain records of employees being trained, information provided to employees, compliance audits, and trade secrets. Compliance audit. You should provide a method to audit compliance with the law. To illustrate, how will you determine that employees are receiving training and not just attending one-hour story swapping sessions? Responsibility for the program. You should state specifically what department or job position is responsible for implementation. For example, is it the human resources department, the management department, training department, the director of safety, the director of security, or someone else? Job hazard analysis. You will need to establish a method by which you will analyze job hazards. Such a policy would require observation of the actual performance of a job, identification of the hazards, and the development of a safe work procedure.
Things to Consider
1. Integration with other policies. If you already have a safety, risk-management, emergency, or similar program, your hazard communication program should be integrated with it so that the policies are consistent. 2. Retraining. You should consider requiring the retraining of employees on a periodic basis as well as after any accident.
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3. Access to medical records. You will need to coordinate your policy concerning access to records with this policy for compliance with hazard communication. Employees do have a right to access records concerning their exposure to chemicals in the workplace. 4. Emergency plan and notification. Facilities that manufacture, use, or store numerous hazardous chemicals may be required to include a requirement in their policy concerning hazard communication that they will inform state and local authorities of the presence of hazardous chemicals. 5. Who is to be trained? You need to evaluate your workforce to decide who needs to be trained in order for you to comply with the Hazard Communication Act. For example, do your office workers have the same exposure as do employees who are in your print shop? 6. Who will provide the training? Depending upon your size and resources, you may be able to do your training in-house or you may need the assistance of a consultant. In either event, you should make sure that you document your compliance with the training requirements of the law. If you decide to do it yourself, you can use films, videos, lectures, and training manuals that are commercially available. 7. Identifying hazards. As you perform your analysis of identifying hazards, you should consider whether any of the following factors are present: confined places, poor ventilation, the need for protective clothing, the need for eye and face protection, the need for respiratory protection, the need for emergency responses, the need for spill containment, the need for a liaison with local authorities, and the need for medical surveillance. You should then take action to correct the problem or meet the need. 8. OSHA inspections. You should consider coordinating your hazard communication compliance programs with your policy concerning cooperation with government inspections. For example, will you insist on a subpoena when a subpoena is required for the inspection? Who will accompany the inspectors on their audit? Who will respond to any questions by the OSHA inspector? Will you instruct managers to “never volunteer” information? 9. Documentation you will need. You should consider what information and forms you will require in order to document your full compliance with the law. For example, you will need to consider developing forms requesting an MSDS, reflecting surveys of the workplace, job safety analyses, audits of your compliance, attendance at training sessions, medical examinations, reports of emergencies such as spills, and the like. 10. Language. You will need to consider whether your employees understand English well enough to comprehend the written warnings as well as your training. While there is no clearcut requirement that you provide translations from English to another language, you may want to do so in order to avoid employee injuries. You may also consider making it a condition of hiring (depending on the laws of your state) that an employee read and speak English well enough to understand safety instructions. The following sample Hazard Communication Program is provided as an example of how a program might be written. It is not guaranteed that it will comply with all the state or federal regulations to which an employer may be subject. Forms and Appendixes are for demonstration purposes only and are not included here.
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Sample: Right-to-Know—Plan of Implementation for an end-user of chemicals
Rowan Metal Stamping Hazard Communication Program Rowan Metal Stamping Corp. Approved by: Abel R. Rowan, President Date ____________________________ Introduction Our plant is a 75-employee facility providing metal stampings to the lighting, automotive, and electronic assembly markets. The plant operates a day shift and a small second shift. The facility has 100,000 square feet of manufacturing and warehouse space and a small office at the front of the building, which also houses three salespersons. We have little turnover and no temporary workers are employed. This is a nonunion facility. In our operations we use a small number of chemicals and use these chemicals in small quantities for machine lubrication and machinery and parts cleaning purposes. Chemicals are also used in the repair and rework area to clean sheets of metal or to wipe and clean reworked products. All chemicals are shipped to us in 45-gallon drums from major chemical manufacturers. Material safety data sheets (MSDSs) are on hand for all chemicals, and the drums are clearly identified with prominent labels. We do not prepare our own MSDSs but rely on the data sheets provided by these dependable suppliers. It is our practice to actively communicate to employees the chemical hazards associated with their work and the necessary job safety precautions, safety equipment, or personal protective devices to be utilized. On the job, this information is communicated through supervisors and job trainers. Our personnel clerk, Jean Gusto, and plant supervisor, Mario Lemaire, review the chemicals we use with any new hires and the safety precautions required in handling the chemicals. Material safety data sheets are also reviewed and employees shown where these MSDSs are available to them in the plant supervisor’s office. Personal protective equipment is provided for use in working with the small quantities of these chemicals. We use four transfer containers to carry chemicals from the chemical storage area (an outside caged area at the rear of the building), and employees draw on the amount of chemicals they need for the particular cleaning or clean-up purpose. These containers are labeled for the type of chemical in use. It is an employee responsibility to follow safe working practices as outlined in our plant safety rules and local operating procedures or to follow the safe working practices outlined in the MSDS. Mario Lemaire, plant supervisor, is designated as the plant’s hazard communication coordinator. This Hazard Communication Program (HCP) summarizes and reinforces our regular safety committee activities. The effectiveness of this program depends on the active support and involvement of all personnel. This written HCP includes: • A copy of the most recent materials and chemicals inventory for the facility • Attendance lists of employees (and contractors’ employees) who have been trained in the Hazard Communication Standard
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• A copy of the federal Hazard Communication Standard (There are no state or local regulations affecting hazard communication to our employees.)
Responsibilities The writer, president of the company, has the overall responsibility for this program with assistance from Mario Lemaire, the two other supervisors, the safety committee, and our personnel clerk. We will draw on other resources if necessary to implement and maintain the program. Responsibilities of the program coordinator include: • Coordinating the plant’s overall compliance with the standard. • Directing the taking of the basic chemical inventory, adding or deleting from the inventory as new chemicals are added or no longer used in the facility. • Assisting departments in developing safe handling procedures with any nonroutine chemical handling. • Arranging to provide contractors with information on materials and chemicals used in this location should their work bring them near any of these chemicals. • Coordinating emergency and hazardous spill procedures, fire drills, and fire department activities related to hazardous chemicals. • Coordinating new employee training and any transferred employees who have not had the training, as required under the Standard. • Providing for employee training when involved in nonroutine activities, such as boiler cleaning and repair. • Perform an annual audit or review of the effectiveness of the program. Labels of chemicals we receive are already affixed to drums by the chemical manufacturer. We advise these outside suppliers of any irregularities we see. Chemical Inventory A list of chemicals and other materials referenced under the standard is attached to this program. This inventory is updated as new chemicals are added or individual chemicals are deleted from our inventory. Material Safety Data Sheets MSDSs are provided by our suppliers to outline the special precautions and controls necessary for handling hazardous materials. A binder of MSDSs is maintained by plant supervisor Mario Lemaire in the operations office, which is immediately inside the door from the factory area. The office is open to other supervisors and employees whenever operations are scheduled. This binder is readily available to supervisors and employees and to the safety committee. Mr. Lemaire will follow up, if necessary, to obtain MSDSs on new materials or revised MSDSs for changed materials. MSDSs are available to employees who work with these materials for review on request. If an employee who works with these materials or his or her physician wishes to obtain a copy, one will be provided in response to a written request. Since these are generic chemicals, we do not have concerns about trade secrecy with the chemicals.
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When new or revised substances come into our plant, an MSDS, if not provided with the initial shipment, will be obtained, and employees will be trained in its use, as outlined in the training and emergency notification requirements on the MSDS.
Labeling Labels provide information to employees concerning the potential hazards of chemicals in use at the facility. All manufacturers’ labels, including names and addresses, will remain on drums and containers coming to the plant. At a minimum, each label contains the following information: • Identification of material in the container • Appropriate hazard warnings, such as fire hazard, health potential, etc. • Name and address of manufacturer or supplier Pipes and piping systems are not used for the transfer of chemicals at this facility. Portable containers into which hazardous materials are transferred from labeled containers and that are intended only for immediate use of the employee who performs the transfer are not labeled, as outlined in the standard. To meet the definition of “immediate use,” the container must be under the control of the employee performing the transfer and to be used within the workshift when the transfer was made. In our rework area, small containers of chemicals for cleaning purposes are drawn at the start of each shift, and any remaining chemicals are returned to the outside chemical storage cage at the end of the shift. Training Initial training of plant employees was conducted at the start-up of the plant. Any new hires are trained in the safe aspects of their work, including the Hazard Communication Standard, by the plant supervisor with assistance from the personnel clerk. This Hazard Communication Program was also reviewed with the safety committee, and they are aware of its details and the location of MSDSs and of the written program in the plant supervisor’s office. Contractors We use two outside contracting firms on a regular basis—Aberdeen Electric Co. for electrical repairs and installations and Monmouth Millwrights, Inc., for new equipment installations. We have conducted training sessions in hazard communication for our employees and for eight employees of these two firms who are in our facility on a regular basis. Their attendance is included on the attendance list of our employees who received the training. Nonroutine Operations Since establishment of this plant, machinery has been set in place, and the operation is now well standardized. We have not had any “nonroutine operations” that would require special coverage under HCS, other than the annual boiler cleaning that is conducted in line with the provisions of the HCS and OSHA’s Confined Spaces Entry Standard. Annual Review Although not specifically required under HCS, we conduct an annual review of the requirements of the Hazard Communications Standard at our annual Safety Day each October. This activity also provides an opportunity for employees to ask questions about the Standard and our program of compliance with the Standard.
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Abel R. Rowan President Date:
Ergonomics Policy Sample: Ergonomics Policy
The company is committed to a safe workplace. To that end, when planning new work processes and operations, it will seek designs that minimize the risk of repetitive motion injuries or musculoskeletal disorders (MSDs). The company will monitor frequent employee reports of aches and pains and existing job tasks that require repetitive, forceful exertions; frequent, heavy, or overhead lifts; awkward work positions; or use of vibrating equipment. Using sources such as injury and illness logs, medical records, job analyses, trade publications, and insurance reports, the company will gather data to identify jobs or work conditions that may lead to problems. Solutions will be implemented and subsequently reviewed to see if they have reduced or eliminated the problem. Solutions may include personal protective equipment, redesigned workstations, changes in the manner work is performed, or microbreaks. Employees are encouraged to report muscle strains and aches as they occur and to suggest ways to prevent such strains and aches. When employees report possible MSD injuries, the company will determine whether the injuries are work-related and promptly respond to the report. Additional steps will then be taken in accordance with applicable law, including the Occupational Safety and Health Act. The company will maintain ergonomic records in accordance with applicable law. Injured employees will be provided light duty, leave, or intermittent duty in accordance with applicable law. The company will cooperate with the employee’s health care provider in accordance with applicable law. The company will train supervisors and employees to recognize repetitive motion and other ergonomic injuries and the steps to avoid them. This training will be repeated on a periodic basis. New employees will be trained within 14 days of employment.
Objectives Objectives for ergonomics awareness training • Recognize workplace risk factors for MSDs and understand general methods for controlling them. • Identify the signs and symptoms of MSDs, including: —Painful joints —Pain, tingling, cramping, or numbness in hands or feet —Shooting or stabbing pains in arms or legs —Swelling or inflammation —Burning sensations —Pain in wrists, shoulders, forearms, knees
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—Back or neck pain —Stiffness or decreased range of motion —Deformity —Decreased grip strength —Loss of muscle function that may result from exposure to risk factors • Be familiar with the company’s healthcare procedures. • Know the process the company is using to address and control risk factors, the employee’s role in the process, and ways employees can actively participate. • Know the procedures for reporting risk factors and MSDs as well as the names of designated persons who should receive the reports. • Describe applicable laws. • Have supervisors trained to analyze jobs for potential problems and to solve them. Objectives for training in job analyses and control measures • Demonstrate the way to do a job analysis for identifying risk factors for MSDs. • Select ways to implement and evaluate control measures. Objectives for training in problem solving • Identify the departments, areas, and jobs with risk factors through a review of company reports, records, walk-through observations, and special surveys. • Identify tools and techniques that can be used to conduct job analyses and serve as a basis for recommendations. • Develop skills in team building, consensus development, and problem solving. • Recommend ways to control ergonomic hazards based on job analyses and pooling ideas from employees, management, and other affected and interested parties. Objectives for supervisors • Respond to employees’ concerns regarding ergonomic problems. • Seek assistance from human resources when necessary. • Ensure that ergonomic workstation evaluations are conducted as necessary. • Implement ergonomic recommendations and provide follow-up. • Promptly report all injured or ill employees. • Ensure that employees who engage in highly repetitive work have frequent, short, alternate work activities. • Ensure that the work environment is appropriately evaluated for proper ergonomic practices and conditions. • Make ergonomic evaluations a part of ongoing workplace assessments. • Apply ergonomic principles when workplace changes are being considered. • Apply ergonomic principles when arranging workstations.
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Objectives for the company • Establish ergonomic safety committees to identify possible problems on a department-bydepartment basis. • Offer appropriate treatment to employees who suffer from repetitive motion injuries. • Use periodic medical examinations as indicated to screen for possible problems for specific jobs. • Provide this policy to employees upon employment and post it on employee bulletin boards and on the company’s Web page. Review this policy annually and adjust it as needed to comply with changes in applicable laws, OSHA, and other regulations. Every 3 years evaluate the company’s ergonomics programs for their effectiveness. That evaluation will consider the elements of the program, whether MSD hazards are being effectively identified and addressed, and whether the program is achieving positive results, as shown through reduced numbers and severity of MSDs.
Return-to-Work Policies Sample: Return-to-Work Policy #1
Employees will be granted time off in accordance with applicable laws (e.g., ADA, workers’ compensation). Employees are to keep the human resources department advised of their status. If they are available for their regular duties but for a reduced number of hours or are available for some duties but not others, employees are expected to report that fact immediately. If an employee can do any task, he or she must report that fact. Employees who fail to do so and do not report for work will be treated as having abandoned their job. Employees may be required to submit written medical confirmation of their unavailability for any work or may be required to submit to a medical examination. Sample: Return-to-Work Policy #2
Eligibility. Any employee on a medical or family leave of absence is eligible for restricted-duty work. Reporting status. Employees on a medical or family leave are expected to advise their supervisors on a monthly basis of their status. As soon as an employee is released for any type of work, whether “light duty,” “limited duty,” or other types of restrictions, the employee is to report that information to that supervisor. A written statement of the restrictions is to be provided by the employee from his or her physician to his or her supervisor. Type of positions. Generally, employees will be assigned to restricted duties for which they are qualified and which best suit the restriction. Normally, jobs will not be created for an employee even though he or she is available for restricted-duty work. Restricted-duty jobs may be altered in order to comply with any applicable law. Physical examinations. Before an employee returns to a restricted-duty job, the company has the right to require the employee to undergo a physical examination by a physician selected by the company. The company will pay for this examination. Similarly, employees on a medical leave may be required to undergo a physical examination by a physician selected by the company at the company’s expense in order to establish that the employee is not available for restricted-duty work.
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Compliance with company policies. While on a leave or while on restricted duty, an employee is expected to comply with all company policies. Other work. Employees who are capable of performing some work are to advise the company so that the company can determine whether there are restricted-duty jobs available. Generally, employees are not permitted to work elsewhere while on a leave of absence unless approved by the company beforehand. For example, an employee may be approved for work as part of a rehabilitation program or for work elsewhere when the company does not have restricted-duty work available suitable for that employee. No guarantee. The company does not guarantee the availability of any restricted-duty work to those employees who are available for it. Employees who are assigned to a restricted-duty job have no guarantee that that job will exist for the duration of their medical or family leave. Maximum duration. The maximum duration of a restricted-duty job is the exhaustion of benefits for time off under the Family and Medical Leave Act. Benefits. No benefits accrue during restricted-duty jobs. Normally, pay raise reviews and performance reviews will be postponed until the employee returns to his or her regular duties. If an employee’s restricted-duty job is the same as his normal position but simply with a reduction in hours, the review will occur, but on a schedule based on the hours worked by the employee. For example, if an employee is normally reviewed every 6 months when working a full-time schedule and is now working 4 days out of 5, the review should follow 32 weeks of work rather than 26 weeks. In essence, there would be 130 days of work performed prior to a 6-month review, and the employee on a reduced work schedule would be required to complete 130 days of work prior to the 6-month review. Coordination with other policies. This policy should be coordinated with all other company policies. Applicable law. This policy shall be administered in accordance with applicable law. Medical information. All medical information will be held in confidence in accordance with the Americans with Disabilities Act. Coordination of benefits. To the extent that any employee is receiving compensation from the company, other sources of benefits, such as short-term or long-term disability, shall be reduced in accordance with the terms of those plans. Rehabilitation. Employees may be required to participate in a rehabilitation program, such as work hardening, to be eligible for the return-to-work program. Furnishing medical information. Employees are expected to provide all information, including all medical information, needed to assess whether there is available work for an employee on restricted duty. No employment contract. Just as with all other policies, this policy for return to work does not create any contract of employment between any employee and the company. Any employee has the right at any time with or without cause to terminate his or her employment, and the company retains the same right. Layoff. Employees on restricted duty are subject to layoffs, just as are all other employees. Pay. Employees on restricted duty are not guaranteed their pay for their normal position. The pay rate for the restricted position will be based upon the knowledge, skills, and abilities required for the job as well as general market conditions. Failure to return to work. Failure to return to work when a restricted job position is made available to an employee will be treated as job abandonment.
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Appendix E
Master Training Guide for 29 CFR This at-a-glance chart will help you get an overall view of your training responsibilities. The table of contents on the following pages will give you an idea of which regulations are included in each subpart. 1903
1904
1910 A B D E F G H
I
1910. 1200
J K L M N O P Q R S T Z
HCS
Who? All Employees
X
X
X
X R
Select Employees Only Supervisors
R
R R R R R X
X
X R
Select Employers
R
R
R R X R R X R R R R R
R R R R
X X X
R R
R
R R R R R
R
R
When? First Day
X
X
X
R X
Before working without Supervision
R R R
Upon Assignment
R R
Refresher
A
Job, Process, or Equipment Changes Other
R
R
X R
R R R R
R R
A A A X X A X
R R R R
A X X A A X A
R R R R R R
R
X X
R
X
X R R R
X
R
X
R
What kind? Information
X
X
X
X R R R R R R R R X R R X R R R R R
Concepts
R R R R R R
Skills Other
R
R R
R
R
R
X X R R R R R R R X R R X R R R R R
R
X
What Type? Work Practice
X X R R R R R
R X R R X R R R R R
R
Equipment
X X R
R X R R X R R R R R
R
R
R
PPE
R
R
R R R R R
Emergency
R R R R R R
R
R R R R
R R
R
R R
R
R
R
Right to Know
X
X
X
R
R
Recommended
X
X
X X X X X X X X X X X X X X X X X X X X
X
Records Dates
R
R R R
R R
R
Certification
R
R R R
R R
R
Written Plan
R R
R = Required
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X = Recommended
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29 CFR PARTS 1903, 1904, and 1910 OSHA STANDARDS PART 1903 – INSPECTIONS, CITATIONS AND PROPOSED PENALTIES
1903.19 Appendix C Sample Warning Tag (Nonmandatory)
1903.1 Purpose and scope.
1903.20 Informal conferences.
1903.2 Posting of notice; availability of the Act, regulations and applicable standards.
1903.21 State administration.
1903.3 Authority for inspection. 1903.4 Objection to inspection. 1903.5 Entry not a waiver. 1903.6 Advance notice of inspections. 1903.7 Conduct of inspections. 1903.8 Representatives of employers and employees. 1903.9 Trade secrets. 1903.10 Consultation with employees. 1903.11 Complaints by employees. 1903.12 Inspection not warranted; informal review. 1903.13 Imminent danger. 1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities. 1903.14a Petitions for modification of abatement date. 1903.15 Proposed penalties. 1903.16 Posting of citations. 1903.17 Employer and employee contests before the Review Commission. 1903.18 Failure to correct a violation for which a citation has been issued. 1903.19 Abatement verification. 1903.19 Appendix A Sample Abatement-Certification Letter (Nonmandatory) 1903.19 Appendix B Sample Abatement Plan or Progress Report (Nonmandatory)
1903.22 Definitions. PART 1904 – RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES Subpart A – Purpose 1904.0 Purpose. Subpart B – Partially Exempt Industries 1904.1 Partial exemption for employers with 10 or fewer employees. 1904.2 Partial exemption for establishments in certain industries. 1904.3 Keeping records for more than one agency. Non-mandatory Appendix A to Subpart B – Partially Exempt Industries. Subpart C – Recordkeeping Forms and Recording Criteria 1904.4 Recording criteria. 1904.5 Determination of work-relatedness. 1904.6 Determination of new cases. 1904.7 General recording criteria. 1904.8 Recording criteria for needlestick and sharps injuries. 1904.9 Recording criteria for cases involving medical removal under OSHA standards. 1904.10 Recording criteria for cases involving occupational hearing loss. 1904.11 Recording criteria for work-related tuberculosis cases. 1904.12 [Removed] 1904.13-1904.28 [Reserved] 1904.29 Forms.
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Subpart D – Other OSHA Injury and Illness Recordkeeping Requirements 1904.30 Multiple business establishments.
1910.4 Amendments to this part. 1910.5 Applicability of standards. 1910.6 Incorporation by reference.
1904.31 Covered employees.
1910.7 Definition and requirements for a nationally recognized testing laboratory.
1904.32 Annual summary. 1904.33 Retention and updating.
1910.8 OMB control numbers under the Paperwork Reduction Act.
1904.34 Change in business ownership.
Subpart B – Adoption and Extension of Established Federal Standards
1904.35 Employee involvement. 1904.36 Prohibition against discrimination.
1910.11 Scope and purpose.
1904.37 State recordkeeping regulations.
1910.12 Construction work.
1904.38 Variances from the recordkeeping rule.
1910.15 Shipyard employment.
Subpart E – Reporting Fatality, Injury and Illness Information to the Government 1904.39 Reporting fatalities and multiple hospitalization incidents to OSHA.
1910.16 Longshoring and marine terminals. 1910.17 Effective dates. 1910.18 Changes in established Federal standards.
1904.40 Providing records to government representatives.
1910.19 Special provisions for air contaminants.
1904.41 Annual OSHA injury and illness survey of 10 or more employers.
Subpart C – [Removed and Reserved] 1910.20 [Redesignated as 1910.1020]
1904.42 Requests from the Bureau of Labor Statistics for data.
Subpart D – Walking/Working Surfaces 1910.21 Definitions.
Subpart F – Transition From the Former Rule 1904.43 Summary and posting of year 2001 data.
1910.22 General requirements.
1904.44 Retention and updating of old forms.
1910.23 Guarding floor and wall openings and holes.
1904.45 OMB control numbers under the Paperwork Reduction Act.
1910.24 Fixed industrial stairs.
Subpart G – Definitions
1910.26 Portable metal ladders.
1904.46 Definitions.
1910.27 Fixed ladders.
PART 1910 – OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1910.28 Safety requirements for scaffolding.
Subpart A – General 1910.1 Purpose and scope. 1910.2 Definitions. 1910.3 Petitions for the issuance, amendment, or repeal of a standard.
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1910.25 Portable wood ladders.
1910.29 Manually propelled mobile ladder stands and scaffolds (towers). 1910.30 Other working surfaces. Subpart E – Exit Routes, Emergency Action Plans, and Fire Prevention Plans 1910.33 Table of contents.
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1910.34 Coverage and definitions.
1910.108 Dip tanks containing flammable or combustible liquids.
1910.35 Compliance with NFPA 101-2000, Life Safety Code.
1910.109 Explosives and blasting agents.
1910.36 Design and construction requirements for exit routes.
1910.110 Storage and handling of liquified petroleum gases.
1910.37 Maintenance, safeguards, and operational features for exit routes.
1910.111 Storage and handling of anhydrous ammonia.
1910.38 Emergency action plans.
1910.112 [Reserved]
1910.39 Fire prevention plans.
1910.113 [Reserved]
Subpart E App. Exit Routes, Emergency Action Plans, and Fire Prevention Plans.
1910.119 Process safety management of highly hazardous chemicals.
Subpart F – Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms 1910.66 Powered platforms for building maintenance.
1910.120 Hazardous waste operations and emergency response. 1910.121 [Reserved] 1910.122 Table of contents.
1910.67 Vehicle-mounted elevating and rotating work platforms.
1910.123 Dipping and coating operations: Coverage and Definitions.
1910.68 Manlifts.
1910.124 General requirements for dipping and coating operations.
Subpart G – Occupational Health and Environmental Control 1910.94 Ventilation.
1910.125 Additional requirements for dipping and coating operations that use flammable or combustible liquids.
1910.95 Occupational noise exposure. 1910.96 [Redesignated as 1910.1096]
1910.126 Additional requirements for special dipping and coating applications.
1910.97 Nonionizing radiation. 1910.98 Effective dates. Subpart H – Hazardous Materials 1910.101 Compressed gases (general requirements).
Subpart I – Personal Protective Equipment 1910.132 General requirements. 1910.133 Eye and face protection.
1910.102 Acetylene.
1910.134 Respiratory protection.
1910.103 Hydrogen.
1910.135 Head protection.
1910.104 Oxygen.
1910.136 Foot protection.
1910.105 Nitrous oxide.
1910.137 Electrical protective devices.
1910.106 Flammable and combustible liquids.
1910.138 Hand Protection.
1910.107 Spray finishing using flammable and combustible materials.
Subpart J – General Environmental Controls 1910.141 Sanitation. 1910.142 Temporary labor camps.
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1910.143 Nonwater carriage disposal systems. [Reserved]
Appendix D TO Subpart L – Availability of Publications Incorporated by Reference in Section 1910.156 Fire Brigades
1910.144 Safety color code for marking physical hazards.
Appendix E TO Subpart L – Test Methods for Protective Clothing
1910.145 Specifications for accident prevention signs and tags. 1910.146 Permit-required confined spaces.
Subpart M – Compressed Gas and Compressed Air Equipment 1910.166 [Reserved]
1910.147 The control of hazardous energy (lockout/tagout).
1910.167 [Reserved]
Subpart K – Medical and First Aid 1910.151 Medical services and first aid.
1910.168 [Reserved]
1910.152 [Reserved]
Subpart N – Materials Handling and Storage 1910.176 Handling material general.
1910.169 Air receivers.
Subpart L – Fire Protection 1910.155 Scope, application and definitions applicable to this subpart.
1910.177 Servicing multi-piece and single piece rim wheels.
1910.156 Fire brigades.
1910.178 Powered industrial trucks.
Portable Fire Suppression Equipment 1910.157 Portable fire extinguishers.
1910.179 Overhead and gantry cranes.
1910.158 Standpipe and hose systems.
1910.181 Derricks.
Fixed Fire Suppression Equipment 1910.159 Automatic sprinkler systems.
1910.183 Helicopters.
1910.180 Crawler locomotive and truck cranes.
1910.184 Slings.
1910.160 Fixed extinguishing systems, general. 1910.161 Fixed extinguishing systems, dry chemical. 1910.162 Fixed extinguishing systems, gaseous agent. 1910.163 Fixed extinguishing systems, water spray and foam. Other Fire Protective Systems 1910.164 Fire detection systems. 1910.165 Employee alarm systems. Appendices to Subpart L Appendix A TO Subpart L – Fire protection Appendix B TO Subpart L – National Consensus Standards Appendix C TO Subpart L – Fire Protection References for Further Information
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Appendix A to 1910.178 Stability of Powered Industrial Trucks (non-mandatory Appendix to Paragraph (l) of this section. Subpart O – Machinery and Machine Guarding 1910.211 Definitions. 1910.212 General requirements for all machines. 1910.213 Woodworking machinery requirements. 1910.214 Cooperage machinery. 1910.215 Abrasive wheel machinery. 1910.216 Mills and calenders in the rubber and plastics industries. 1910.217 Mechanical power presses. 1910.218 Forging machines.
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1910.219 Mechanical power-transmission apparatus.
1910.305 Wiring methods, components, and equipment for general use.
Subpart P – Hand and Portable Powered Tools and Other Hand-Held Equipment. 1910.241 Definitions.
1910.306 Specific purpose equipment and installations.
1910.242 Hand and portable powered tools and equipment, general.
1910.308 Special systems.
1910.243 Guarding of portable powered tools.
1910.307 Hazardous (classified) locations.
1910.309 1910.330 [Reserved]
1910.244 Other portable tools and equipment.
Safety-Related Work Practices 1910.331 Scope.
Subpart Q – Welding, Cutting, and Brazing. 1910.251 Definitions.
1910.332 Training.
1910.252 General requirements. 1910.253 Oxygen-fuel gas welding and cutting. 1910.254 Arc welding and cutting. 1910.255 Resistance welding. Subpart R – Special Industries 1910.261 Pulp, paper, and paperboard mills. 1910.262 Textiles. 1910.263 Bakery equipment.
1910.333 Selection and use of work practices. 1910.334 Use of equipment. 1910.335 Safeguards for personnel protection. 1910.336 1910.360 [Reserved] Safety-Related Maintenance Requirements 1910.361 1910.380 [Reserved] Safety Requirements for Special Equipment 1910.381 1910.398 [Reserved]
1910.264 Laundry machinery and operations.
Definitions 1910.399 Definitions applicable to this subpart.
1910.265 Sawmills.
Appendix A TO Subpart S – Reference Documents
1910.266 Logging operations.
Appendix B TO Subpart S Explanatory Data [Reserved]
1910.267 [Reserved] 1910.268 Telecommunications. 1910.269 Electric power generation, transmission, and distribution. 1910.272 Grain handling facilities. Subpart S – Electrical General 1910.301 Introduction. Design Safety Standards for Electrical Systems 1910.302 Electric utilization systems. 1910.303 General requirements. 1910.304 Wiring design and protection.
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Appendix C TO Subpart S Tables, Notes, and Charts [Reserved] Subpart T – Commercial Diving Operations General 1910.401 Scope and application. 1910.402 Definitions. Personnel Requirements 1910.410 Qualifications of dive team. General Operations Procedures 1910.420 Safe practices manual. 1910.421 Pre-dive procedures.
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1910.422 Procedures during dive.
1910.1025 Lead.
1910.423 Post-dive procedures.
1910.1027 Cadmium.
Specific Operations Procedures 1910.424 SCUBA diving.
1910.1028 Benzene.
1910.425 Surface-supplied air diving.
1910.1009 beta-Naphthylamine.
1910.426 Mixed-gas diving.
1910.1010 Benzidine.
1910.427 Liveboating.
1910.1011 4-Aminodiphenyl.
Equipment Procedures and Requirements 910.430 Equipment.
1910.1012 Ethyleneimine.
Recordkeeping 1910.440 Recordkeeping requirements.
1910.1014 2-Acetylaminofluorene.
1910.441 Effective date. Appendix A TO Subpart T Examples of Conditions Which May Restrict or Limit Exposure to Hyperbaric Conditions Appendix B TO Subpart T Guidelines for Scientific Diving Subparts U-Y [Reserved] 1910.442 1910.999 [Reserved]
1910.1029 Coke oven emissions.
1910.1013 beta-Propiolactone.
1910.1015 4-Dimethylaminoazobenzene. 1910.1016 N-Nitrosodimethylamine. 1910.1026 Chromium (vi) 1910.1030 Bloodborne pathogens. 1910.1043 Cotton dust. 1910.1044 1,2-dibromo-3-chloropropane. 1910.1045 Acrylonitrile.
Subpart Z – Toxic and Hazardous Substances
1910.1047 Ethylene oxide.
1910.1000 Air contaminants.
1910.1048 Formaldehyde.
1910.1001 Asbestos.
1910.1050 Methylenedianiline.
1910.1002 Coal tar pitch volatiles; interpretation of term.
1910.1051 1,3-Butadiene.
1910.1003 13 Carcinogens (4-Nitrobiphenyl, etc.).
1910.1096 Ionizing radiation.
1910.1004 alpha-Naphthylamine.
1910.1200 Hazard communication.
1910.1005 [Reserved]
1910.1201 Retention of DOT markings, placards and labels.
1910.1006 Methyl chloromethyl ether. 1910.1007 3,3’-Dichlorobenzidine (and its salts). 1910.1008 bis-Chloromethyl ether.
1910.1052 Methylene Chloride.
1910.1450 Occupational exposure to hazardous chemicals in laboratories.
1910.1017 Vinyl chloride. 1910.1018 Inorganic arsenic. 1910.1020 Access to employee exposure and medical records.
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Appendix F
Model Safety Checklists and Training Guides This appendix contains checklists and training guides for many of the most important safety areas. They are organized by OSHA regulation Subparts. Note that subparts A through C are administrative and have no compliance requirements.
Subpart D – Walking and Working Surfaces General Housekeeping Maintenance Guarding Floor and Wall Openings and Holes Stairs Extension Ladders General Ladder Requirements Ladder Maintenance Portable Rung Ladders Portable Wood Ladders Portable Metal Ladders Fixed Ladders Scaffolding Training Subpart E – Exit Routes, Emergency Action Plans, and Fire Prevention Plans Design Requirements for Exit Routes Maintenance, Safeguards and Operational Features for Exit Routes Emergency Action Plans Fire Prevention Plans Training Subpart F – Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms Powered Platforms for Building Maintenance Training
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Subpart G – Occupational Health and Environmental Control Ventilation Noise Nonionizing Radiation Training Subpart H – Hazardous Materials Compressed Gases Acetylene Hydrogen Oxygen Nitrous Oxide Flammable and Combustible Liquids Spray Finishing Using Flammable and Combustible Materials Explosives and Blasting Agents Storage and Handling of Liquefied Petroleum Gases Storage and Handling of Anhydrous Ammonia Process Safety Management of Highly Hazardous Chemical Hazardous Waste Operations and Emergency Response Dipping and Coating Operations Compressed Gases Training Flammable and Combustible Liquids Training Explosives and Blasting Agents Training Storage and Handling of Liquefied Petroleum Gases Training Storage and Handling of Anhydrous Ammonia Training Process Safety Management of Highly Hazardous Chemicals Training Hazardous Waste Operations and Emergency Response Training Dipping and Coating Operations Training Subpart I – Personal Protective Equipment Assessing Appropriate PPE Training Wearing and Maintaining Equipment Skin Protection Eye and Face Protection Respiratory Protection Head Protection Foot Protection Training Subpart J – General Environmental Controls Sanitation Temporary Labor Camps
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Permit-Required Confined Spaces Control of Hazardous Energy (Lockout/Tagout) Temporary Labor Camps Training Specifications for Accident-Prevention Signs and Tags Training Permit-Required Confined Spaces Training Control of Hazardous Energy (Lockout/Tagout) Training
Subpart K – Medical and First Aid Medical and First Aid Training Subpart L – Fire Protection Fire Protection Compliance Training Subpart M – Compressed Gas and Compressed Air Equipment Compressed Gas/Air Equipment Training Subpart N – Materials Handling and Storage Materials Handling and Storage Servicing Rim Wheels Overhead and Gantry Cranes Crawler Locomotive and Truck Cranes Derricks Helicopters Slings Powered Industrial Trucks Servicing Multipiece and Single-Piece Rim Wheels Training Powered Industrial Trucks Training Subpart O – Machinery and Machine Guarding Machinery and Machine Guarding Training Subpart P – Hand and Portable Powered Tools and Other Hand-Held Equipment Portable Tools and Hand-Held Equipment Training Subpart Q – Welding, Cutting, and Brazing Welding, Cutting, and Brazing Training Subpart R – Special Industries Pulp, Paper, and Paperboard Mills Textiles
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Bakery Equipment Laundry Machinery and Operations Sawmills Logging Operations Telecommunications Electric Power Generation, Transmission, and Distribution Grain Handling Facilities Pulp, Paper, and Paperboard Mills Training Textiles Training Bakery Equipment Training Laundry Machinery and Operations Training Sawmills Training Logging Operations Training Telecommunications Training Electric Power Generation, Transmission, and Distribution Training Grain Handling Facilities Training
Subpart S – Electrical Electrical Safety-Related Work Practices Training Subpart T – Commercial Diving Operations Commercial Diving Operations Training Subpart Z – Toxic and Hazardous Substances Air Contaminants Asbestos Access to Employee Exposure and Medical Records Bloodborne Pathogens Ionizing Radiation Hazard Communication Compliance Retention of DOT Markings, Placards, and Labels Occupational Exposure to Hazardous Chemicals in Laboratories Hazardous Substances Training Access to Records Training Bloodborne Pathogens Training Hazard Communication Training Occupational Exposure to Hazardous Chemicals in Laboratories Training
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Subpart D – Walking and Working Surfaces General Housekeeping
29 CFR 1910.22 ❏ Are all areas, including storerooms, kept in a clean and orderly fashion? [1910.22(a)(1)] ❏ Are workroom floors clean and dry? [1910.22(a)(2)] ❏ If wet processes are used, are drainage and dry standing places such as mats provided? [1910.22(a)(2)] ❏ Are floors, work areas, and passages kept free from protruding nails, splinters, holes, or loose boards? [1910.22(a)(3)] Maintenance
29 CFR 1910.22 ❏ If mechanical handling equipment is used, are aisles and passages kept free, and is sufficient space left at loading docks, doorways and other spots to allow safe passage? [1910.22(b)(1)] ❏ Are permanent aisles and passageways appropriately marked? [1910.22(b)(2)] ❏ Are covers and/or guard rails used to protect employees from ditches, open pits, etc.? [1910.22(c)(2)] ❏ Are plates specifying the approved floor loads placed and maintained in a conspicuous spot? [1910.22(d)(1)] ❏ If the plates are removed or damaged, are they replaced? [1910.22(d)(1)] ❏ Are loads placed on floors or roofs confined to the amount approved by the building official? [1910.22(d)(2)] Guarding Floor and Wall Openings and Holes
29 CFR 1910.23 ❏ Are all stairway floor openings guarded by a standard railing? [1910.23(a)(1)] ❏ Are platforms and ladderway floor openings protected on all exposed sides? [1910.23(a)(2)] ❏ If materials must be fed into a hatchway or chute opening, is protection provided to prevent employees from falling through the opening? [1910.23(a)(3)(ii)] ❏ Are skylight floor openings and holes protected by a screen or railing? [1910.23(a)(4)] ❏ Are temporary floor openings protected by standard railings or constantly guarded by someone? [1910.23(a)(7)] ❏ Are all wall openings with a drop of more than four feet protected by the proper barriers? [1910.23(b)(1)] ❏ Are window wall openings with a drop of more than four feet guarded by standard slats, grill work, or railings? [1910.23(b)(3)] ❏ Do all temporary wall openings have adequate guards? [1910.23(b)(4)]
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❏ Do all open-sided floors or platforms that are four or more feet above the ground have standard ❏
❏ ❏ ❏
railings, except where there is an entrance? [1910.23(c)(1)] Is toeboard provided on railings on open-sided floors or platforms where employees can pass, there is moving machinery, or there is equipment where falling materials could create a hazard? [1910.23(c)(1)] Are all open-sided floors, walkways, platforms, or runways that are above or adjacent to dangerous equipment or hazards guarded by a standard railing and toe board? [1910.23(c)(3)] Are all flights of stairs with four or more risers provided with standard stair railings or handrails? [1910.23(d)(1)] Are all winding stairs provided with a handrail offset to prevent employees from walking on treads smaller than 6 inches? [1910.23(d)(2)]
Stairs
29 CFR 1910.24 ❏ Are fixed stairs provided where employees must move between levels for operational purposes? [1910.24(b)(1)] ❏ Are stairs constructed to carry five times the normal live load anticipated, and a minimum of 1,000 pounds? [1910.24(c)(1)] ❏ Are fixed stairways at least 22 inches wide? [1910.24(d)(1)] Extension Ladders
29 CFR 1910.25 ❏ Are all two-section extension ladders no longer than 60 feet? [1910.25(c)(3)(iii)(a)] ❏ Do all two-section extension ladders consist of two sections that are arranged so that the upper section can be raised and lowered? [1910.25(c)(3)(iii)(a)] ❏ Are all trestle and extension trestle ladders no longer than 20 feet? [1910.25(c)(3)(v)(a)] General Ladder Requirements
29 CFR 1910.25 ❏ Are ladders positioned to prevent slipping, or lashed or held in position? [1910.25(d)(2)(i)] ❏ Are employees prohibited from using ladders in the horizontal position as platforms, runways, or scaffolds? [1910.25(d)(2)(i)] ❏ Are ladders used only in front of doors opening toward the ladder if the door is blocked, locked, or guarded? [1910.25(d)(2)(iv)] ❏ Are employees prohibited from using the tops of stepladders as steps? [1910.25(d)(2)(xii)] ❏ Are ladders used only to gain access to a roof if the top of the ladder extends at least three feet above the point of support at the eave, gutter, or roofline? [1910.25(d)(2)(xv)] ❏ Are all portable rung ladders equipped with nonslip bases when there is a hazard of slipping? [1910.25(d)(2)(xix)]
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Ladder Maintenance
29 CFR 1910.25 ❏ Are ladders always maintained in good condition? [1910.25(d)(1)(i)] ❏ Are metal bearings of locks, wheels, and other parts frequently lubricated? [1910.25(d)(1)(ii)] ❏ Are frayed or badly worn ropes replaced? [1910.25(d)(1)(iii)] ❏ Are safety feet and other auxiliary equipment always well maintained? [1910.25(d)(1)(iv)] ❏ Are ladders inspected frequently for defects and withdrawn from service for repair or destruction if defects are found? [1910.25(d)(1)(x)] ❏ Are ladders with defects tagged or marked as Dangerous, Do Not Use? [1910.25(d)(1)(x)] ❏ Are rungs kept free of grease and oil? [1910.25(d)(1)(xi)] Portable Rung Ladders
29 CFR 1910.25 ❏ Are single ladders no longer than 30 feet? [1910.25(c)(3)(ii)(a)] ❏ Are all painter’s stepladders no longer than 12 feet? [1910.25(c)(4)(ii)(a)] Portable Wood Ladders
29 CFR 1910.25 ❏ Are all wooden parts free from sharp edges, splinters, decay, or other hazards? [1910.25(b)(1)(i)] ❏ Is low-density wood avoided? [1910.25(b)(1)(i)] ❏ Are portable stepladders no longer than 20 feet? [1910.25(c)(2)] ❏ Is step spacing uniform and not more than 12 inches apart? [1910.25(c)(2)(i)(b)] ❏ Are steps parallel and level when the stepladder is in use? [1910.25(c)(2)(i)(b)] ❏ Is the minimum width between side rails at the top, inside to inside, at least 11 1/2 inches? [1910.25(c)(2)(i)(c)] ❏ From top to bottom, are side rails at least one inch for each foot of stepladder length? [1910.25(c)(2)(i)(c)] ❏ Does each stepladder have a metal spreader or locking device to hold the front and back sections in an open position? [1910.25(c)(2)(i)(f)] ❏ Are all sharp points on the spreader or locking device covered or removed? [1910.25(c)(2)(i)(f)] Portable Metal Ladders
29 CFR 1910.26 ❏ If a ladder tips over, is it inspected for dents, bends, damaged hardware, or damaged rungs? [1910.26(c)(2)(vi)(a)] ❏ When ascending or descending the ladder, does the employee face it? [(c)(3)(v)]
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Fixed Ladders
29 CFR 1910.27 ❏ Are metal ladders painted or otherwise treated to protect them from corrosion and rusting, where necessary? [1910.27(b)(7)(i)] ❏ Do ladders 20 feet long and attached to towers, water tanks, or chimneys have cages, wells, or other safety devices? [1910.27(d)(1)(ii)] ❏ If no cage is provided, are landing platforms provided every 20 feet of length? [1910.27(d)(2)] Scaffolding
29 CFR 1910.28-29 ❏ Do you have procedures for the proper erection, use, and maintenance of scaffolds? [1910.28(a)] Do you know the maximum working loads and working levels for: ❏ mobile scaffolds? [1910.29(a)(2)] ❏ mobile work platforms? [1910.29(a)(2)] ❏ mobile ladder stands? [1910.29(a)(2)] ❏ Do they meet design specifications? [1910.29(a)(2)(ii)] ❏ Do you have procedures for proper erection, use, maintenance, and inspection? [1910.29(a)] Training
There is no specific training or information required under the slips, trips, and falls regulations.
Training Recommended Because these standards relate to the proper use of common equipment, such as ladders and scaffolds, it is important to provide training to employees on their proper use. Also, keep in mind that any surface in the work area that can be altered or handled by employees could result in a safety hazard. Training will help ensure that such hazards are not created. All companies should be concerned about housekeeping and keeping passageways open. Employees should be knowledgeable about the inspection, operation, and maintenance requirements of their work surfaces. Basic employee training may include the: • Importance of housekeeping Requirement to leave in place all safety features of the building, and to report any damage to these safety features • Inspection, maintenance, and operation of the working surfaces in your facility • Organizational policies regarding this section Supervisor training should stress the need to monitor the work area for improper use of equipment and housekeeping, and the need to inspect work surfaces for possible damage.
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Supervisor training may cover: • The need to leave guardrails, toeboards, and other safety features in place • Inspection, maintenance, and operational requirements for equipment and processes at your facility • The importance of housekeeping
Subpart E – Exit Routes, Emergency Action Plans, and Fire Prevention Plans Sections 1910.33 to 1910.39 This subpart, which is derived from the NFPA101-1970 Life Safety Code, covers design requirements for exits, emergency exit plans, and emergency training. Design Requirements for Exit Routes
[29 CFR 1910.36] ❏ Is each exit a permanent part of your facility? [1910.36(a)(1)] ❏ Do the construction materials used to separate exits have at least a one-hour fire resistance rating if the exit connects three stories or less? [1910.36(a)(2)] ❏ Do the construction materials used to separate exits have at least a two-hour fire resistance rating if the exit connects four stories or more? [1910.36(a)(2)] ❏ Do your exits have only the openings necessary to permit access from occupied areas of the workplace? [1910.36(a)(3)] ❏ Is each opening to an exit protected by a self-closing fire door that remains closed? [1910.36(a)(3)] ❏ Do you have an adequate number of exit routes? [1910.36(b)(1),(2),(3)] ❏ Does each exit discharge lead directly outside to a street, walkway, refuge area, or to an open space with access to the outside? [1910.36(c)(1)] ❏ Is the outside area to which an exit discharge leads large enough to accommodate all building occupants likely to use that exit route? [1910.36(c)(2)] ❏ Do exit stairs that continue beyond the floor of the exit have a door or other effective means that clearly indicates the direction of travel leading to the exit discharge? [1910.36(c)(3)] ❏ Are all your exit doors unlocked, and do they open easily from the inside without a key, tool, or special knowledge? [1910.36(d)(1)] ❏ Are side-hinged exit doors used to connect rooms to an exit route? [1910.36(e)(1)] ❏ Do doors that connect any room to an exit route swing out in the direction of travel if the room may be occupied by more than 50 people or if the room is a high hazard area? [1910.36(e)(2)] ❏ Is the capacity of each exit route adequate for the maximum number of employees on each floor served by the exit route? [1910.36(f)(1)]
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❏ Is the ceiling of any exit route at least 7 feet 6 inches high with no projection lower than 6 feet ❏ ❏ ❏ ❏ ❏ ❏ ❏
8 inches? [1910.36(g)(1)] Is each exit access at least 28 inches wide at all points? [1910.36(g)(2)] Is the width of each access route sufficient to accommodate the maximum permitted occupant load of each floor served by the exit route?[1910.36(g)(3)] Do outdoor exit routes meet all the requirements for indoor exit routes? [1910.36(h)] Do outdoor exit routes have guardrails to protect unenclosed sides? [1910.36(h)(1)] Are outdoor exit routes covered if accumulation of snow or ice is likely and not removed regularly? [1910.36(h)(2)] Are outdoor exit routes reasonably straight with smooth, solid, substantially level walkways? [1910.36(h)(3)] Do outdoor exit routes have no dead ends longer than 20 feet? [1910.36(h)(4)]
Maintenance, Safeguards, and Operational Features for Exit Routes
[29 CFR 1910.37] ❏ Are exit routes free of explosive or highly flammable furnishings and decorations? [1910.37(a)(1)] ❏ Are exit routes arranged so that employees will not have to travel toward a high hazard area, unless the path of travel is effectively shielded effectively shielded by suitable partitions or other barriers? [1910.37(a)(2)] ❏ Are all exit routes unobstructed and free of materials and equipment at all times? [1910.37(a)(3)] ❏ Do you make sure that exit routes do not require employees to travel through a room that can be locked, such as a bathroom? [1910.37(a)(3)] ❏ Do you make sure that exit routes do not require employees to travel toward a dead end to reach an exit? [1910.37(a)(3)] ❏ Do exit routes have a stair or ramp if they are not substantially level? [1910.37(a)(3)] ❏ Is each exit route maintained to protect employees during an emergency? [1910.37(a)(4)] ❏ Are sprinkler systems, alarm systems, fire doors, exit lighting, etc. maintained in good working order? [1910.37(a)(4)] ❏ Are all exit routes adequately and appropriately illuminated? [1910.37(b)] ❏ Are all exit routes clearly visible and marked by a distinctive sign reading “Exit.”? [1910.37(b)(2)] ❏ Are exit route doors free of other signs or decorations that obscure visibility? [1910.37(b)(3)] ❏ Are signs posted along the exit route indicating the direction of travel to the nearest exit? [1910.37(b)(4)] ❏ Is there a clear line-of-sight to each exit sign? [1910.37(b)(4)] ❏ Are any doorways or passages that might be mistaken for exits marked “Not an Exit” or with an indication of their actual use? [1910.37(b)(5)]
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❏ Are all exit signs adequately illuminated? [1910.37(b)(6)] ❏ Does each exit sign have the word “Exit” in plainly legible letters not less than six inches high, with the principal strokes of the letters not less than three-fourths of an inch? [1910.37(b)(7)] ❏ Are fire-retardant paints and other coatings properly maintained throughout the facility? [1910.37(c)] ❏ Are exits maintained during any repairs or construction? [1910.37(d)(1) and (d)(2)] ❏ Do you have an operable alarm system with a distinctive signal to warn employees of fire or other emergencies? [1910.37(e)] Emergency Action Plans
[29 CFR 1910.38] ❏ Do you have an emergency action plan whenever an OSHA standard in this part requires such a plan? [1910.38(a)] ❏ If you have more than 10 employees, is your emergency action plan in writing, kept in the workplace, and available for employees to review? [1910.38(b)] Does your action plan include these minimum elements? ❏ Procedures for reporting a fire or other emergency? [1910.38(c)(1)] ❏ Procedures for emergency evacuation, including type of evacuation and exit route assignments? [1910.38(c)(2)] ❏ Procedures to be followed by employees who remain to operate critical plant operations before they evacuate? [1910.38(c)(3)] ❏ Procedures to account for all employees after evacuation? [1910.38(c)(4)] ❏ Procedures to be followed by employees performing rescue or medical duties? [1910.38(c)(5)] ❏ The name or job title of every employee who may be contacted by employees for more information about the plan or an explanation of their duties under the plan? [1910.38(c)(6)] ❏ Do you have an employee alarm system with a distinctive signal that complies with the requirements of 1910.165? [1910.38(d)] ❏ Do you designate and train employees to assist in a safe and orderly evacuation of other employees? (e) Do you review the emergency action plan with each employee covered by the plan when: ❏ The plan is developed or the employee is assigned initially to a job? [1910.38(f)(1)] ❏ The employee’s responsibilities under the plan change? [1910.38(f)(2)] ❏ The plan is changed? [1910.38(f)(3)] Fire Prevention Plans
[29 CFR 1910.39] ❏ Do you have a fire prevention plan when an OSHA standard in this part requires one? [1910.39(a)]
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❏ Is your fire prevention plan in writing, kept in the workplace, and available for employees to review? [1910.39 (b)] Does your fire prevention plan contain these minimum elements? ❏ A list of all major fire hazards? [1910.39(c)(1)] ❏ Proper handling and storage procedures for hazardous materials, potential ignition sources and their control? [1910.39(c)(1)] ❏ The type of fire protection equipment necessary to control each major hazard? [1910.39(c)(1)] ❏ Procedures to control accumulations of flammable and combustible waste materials? [1910.39(c)(2)] ❏ Procedures for regular maintenance of safeguard installed on heat-production equipment to prevent the accidental ignition of combustible materials? [1910.39(c)(3)] ❏ The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires? [1910.39(c)(4)] ❏ The name or job title of employees responsible for the control of fuel source hazards? [1910.39(c)(5)] ❏ Do you inform employees of the fire hazards to which they are exposed upon initial assignment to a job? [1910.39(d)] ❏ Do you also review with each employee those parts of the fire prevention plan necessary for self-protection? [1910.39(d)] Training
There is training required under these standards, but only if you are required to prepare an Emergency Action Plan (EAP) or Fire Prevention Plan (FPP) under another OSHA standard. Even if your company is not required to comply with this regulation, you should consider developing similar plans for your facility. The Hazard Communication Standard requires employers to inform employees about the procedures required in emergencies. These regulations can serve as a guide for developing effective emergency procedures. EAP training. Employers must train employees about the EAP and about each employee’s responsibilities (29 CFR 1910.38(e) through (f)). (e) An employer must designate and train employees to assist in a safe and orderly evacuation of other employees. (f) Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan: (1) When the plan is developed or the employee is assigned initially to a job; (2) When the employee’s responsibilities under the plan change; and (3) When the plan is changed. FPP training. Employers must inform employees when they are first assigned to a job about the fire hazards they are exposed to and how to protect themselves (29 CFR 1910.39(d)).
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Training Recommended If you are not covered by this standard, it is recommended that you implement plans and training using these regulations as a guide. The following training is recommended: • Expected emergencies in your facility • The EAP, including wardens, emergency escape procedures, accounting for employees, reporting, contacts for further information, location of the written plan • The FPP including responsible parties, housekeeping, maintenance, and location of written plan • Special training for supervisors may include: • All aspects of the plans as they affect supervisors’ areas or employees • Maintaining clear exits and exit markings • Maintenance of equipment
Subpart F – Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms Sections 1910.66 to 1910.68 This subpart deals with three specific types of devices as listed above. All three require careful attention to safety procedures. Powered Platforms for Building Maintenance
[29 CFR 1910.66] ❏ Do parts of buildings where powered platforms are used, including structural supports, tiedowns, tie-in guides, and anchoring devices, meet the requirements of the regulations? [1910.66(e)(1)-(2)] ❏ Are employees who work on roofs while performing building maintenance protected by a perimeter guarding system? [1910.66(e)(3)] ❏ Are operational areas for trackless equipment provided with structural stops, such as curbs, to prevent equipment from traveling outside its intended travel areas and to prevent a crushing or shearing hazard? [1910.66(e)(4)] ❏ Are means provided to move all powered platforms to a safe area for maintenance and storage? [1910.66(e)(5)] ❏ Do elevated track systems comply with the requirements of the regulations? [1910.66(e)(6)(i),(ii)] ❏ Are imbedded tie-down anchors, fasteners, and affected structures resistant to corrosion? [1910.66(e) ❏ Do hanging lifelines and all cables comply with the requirements of the regulations? [1910.66(e)(8)(i),(ii)] Do you have a written emergency plan for each kind of powered platform you use that details emergency procedures? [1910.66(e)(9)] ❏ Do you review your emergency plan with employees upon initial assignment and whenever the plan is changed? [1910.66(e)(9)]
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❏ Do you make sure that repairs or major maintenance to parts of buildings that provide primary support for suspended equipment do not affect the safety of the system? [1910.66(e)(10)] ❏ Does the design of powered platforms provide for a minimum load of 250 pounds for each worker on the platform? [1910.66(f)(1)(ii)] ❏ Is your equipment designed to withstand wind forces of 100 miles per hour when not in service and 50 miles per hour when in service? [1910.66(f)(1)(iii),(iv)] ❏ Is the horizontal movement of powered carriages controlled to ensure safe movement and allow accurate positioning of the platform for vertical travel or storage? [1910.66(f)(3)(i)(A)] ❏ Is the traversing speed of powered carriages 50 feet per minute or less? [1910.66(f)(3)(i)(B)] ❏ Do powered carriage installations comply with all other requirements of the regulations? [1910.66(f)(3)(i)(C)-(M)] ❏ When transportable outriggers are used to suspend ground-rigged working platforms, is the point of suspension 300 feet or less above a safe surface? [1910.66(f)(3)(ii)(A)] ❏ Are transportable outriggers used only with self-powered ground-rigged working platforms? [1910.66(f)(3)(ii)(B)] ❏ Is each transportable outrigger secured with a tie-down to a verified anchorage on the building during the entire period of its use? [1910.66(f)(3)(ii)(C)] ❏ Do transportable outriggers comply with all the other requirements of the regulations? [1910.66(f)(3)(ii)(D)(I)] ❏ Is every davit installation designed to prevent overturning? [1910.66(f)(3)(iii)( ❏ Are workers able to get on and off roof-rigged davit systems from a safe surface without having to climb over the building’s parapet or guardrail? [1910.66(f)(3)(iii)(B)(1)] ❏ Is the working platform of a roof-rigged davit system provided with wheel, casters, or a carriage from traversing horizontally? [1910.66(f)(3)(iii)(B)(2)] ❏ Is the point of suspension for a ground-rigged davit system 300 feet or less from a safe surface? [1910.66(f)(3)(iii)(C)(1)] ❏ Are workers able to get on and off the working platform from a safe surface below the point of suspension? [1910.66(f)(3)(iii)(C)(2)] ❏ Do davit systems comply with all other requirements of the regulations? [1910.66(f)(3)(iii)(D),(E)] Do the hoisting machines that raise and lower platforms comply with the requirements of the regulations [1910.66(f)(4)(i)-(x)], including: ❏ Is each hoisting machine capable of raising or lowering 125 percent of the rated load of the hoist? [1910.66(f)(4)(v)] Are all moving parts of the machine enclosed or guarded? [1910.66(f)(4)(vi)] ❏ Is each hoisting machine provided with a primary brake and at least one independent secondary brake, each capable of stopping and holding not less than 125 percent of the lifting capacity of the hoist? [1910.66(f)(4)(ix)]
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❏ Are suspended equipment components (except suspension ropes and guardrails) capable of supporting at least four times the maximum intended load and constructed of materials to withstand anticipated weather conditions? [1910.66(f)(5)(i)(A), (B)] ❏ Does each unit have a load rating plate, conspicuously located, stating the unit weight and rated load of the suspended unit? [1910.66(f)(5)(i)(C)] ❏ Does suspended equipment comply with all other requirements of the regulations? [1910.66(f)(5)(i)(D)-(G)] ❏ Are two- and four-point suspended working platforms at least 2 feet wide? [1910.66(f)(5)(ii)(A)] ❏ Is the flooring of these platforms slip resistant and is it free of openings that would allow objects to fall from the platform? [1910.66(f)(5)(ii)(B)] Do these types of platforms comply with all other requirements of the regulations [1910.66(f)(5)(ii)(C)-(N)], including having: ❏ Operating controls on the platform? [1910.66(f)(5)(ii)(E)] ❏ A maximum rated speed of no more than 50 feet per minute for single-speed hoists and 75 feet per minute for multispeed hoists? [1910.66(f)(5)(ii)(G)] ❏ A way to keep tools and materials from accumulating on the floor of the platform? [1910.66(f)(5)(ii)(H)] ❏ A portable fire extinguisher attached to the platform? [1910.66(f)(5)(ii)(H)] ❏ A safe way to get on and off the platform if the platform can’t land directly on a safe surface? [1910.66(f)(5)(ii)(J)] ❏ A vertical lifeline for each employee on the platform if failure of one of the suspending wires would cause the platform to upset? [1910.66(f)(5)(ii)(M)] ❏ Do single-point suspended working platforms have a secondary wire rope suspension system so that the platform won’t fall even if the primary support fails? [1910.66(f)(5)(iii)(B)] ❏ Are ground-rigged working platforms disconnected from the building’s power supply after each day’s use? [1910.66(f)(5)(iv)(B)] ❏ Are intermittently stabilized platforms equipped with a quick connect, quick disconnect device that can’t accidentally be disengaged or suffer weather damage? [1910.66(f)(5)(v)(B)] ❏ Do these platforms comply with all the other requirements of the regulations? [1910.66(f)(5)(v)(C)-(H)] ❏ Are guide tracks on button-guided stabilized platforms easy for workers to use and get in and out of the storage position? [1910.66(f)(5)(vi)(D)] Does the wire rope on your powered platforms meet the requirements of the regulations [1910.66(f)(7)(i)-(xii)], including: ❏ Attaching a corrosion-resistant tag to one of the rope fastenings when a suspension wire rope is to be used at a specific location and will remain in that location? [1910.66(f)(7)(vi)] ❏ Making sure tags contain all required information? [1910.66(f)(7)(vi)(A)-(H)]
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❏ Does all electrical wiring and equipment comply with OSHA’s electrical standard (Subpart S)? [1910.66(f)(8)(i)-(ix)] ❏ Are all powered platforms inspected and tested in the field before being placed in service? [1910.66(g)(1)] ❏ Are powered platforms inspected by a competent person at least once a year–including the control systems and the building’s related support structures? [1910.66(g)(2)] ❏ Is a record of each inspection and test required by the regulations kept on file, including the date of the inspection, the signature of the person who performed the inspection, and the number, or other identifier, of the building support structure and equipment that was inspected? [1910.66(g)(2)(iii)] ❏ Do you inspect platforms and their components for visible defects before every use and after any incident that could harm the system’s integrity? [1910.66(g)(2)(iv)] ❏ Do you perform maintenance inspections every 30 days or before use if the platform has been inactive for 30 days or more? [1910.66(g)(3)(i)] ❏ Do you inspect governors and secondary brakes as required by the manufacturer, or at least every 12 months? [1910.66(g)(4)(i)-(vi)] ❏ Is wire rope inspected by a competent person for visible defects and obvious damage before every use and is a thorough inspection of ropes made every 30 days? [1910.66(g)(5)(ii),(iii)] ❏ Is wire rope replaced as required based on inspections? [1910.66(g)(5)(iv)] ❏ Are hoists tested each day in the lifting direction with the intended load to make certain they have sufficient capacity to raise personnel back to the boarding level? [1910.66(g)(6)] ❏ Do you maintain all parts of the equipment affecting safe operation in proper working order? [1910.66(h)(1)] ❏ Do you comply with all other maintenance requirements of the regulations? [1910.66(h)(2)-(7)] Are employees who work on powered platforms trained by a competent person in the safe use and inspection of the platform to be operated [1910.66(i)(1)(i)], including: ❏ Recognition of hazards and preventive measures associated with their individual work tasks? [1910.66(i)(1)(ii)(A)] ❏ General recognition and prevention of safety hazards associated with the use of working platforms, including specific hazards and precautions relating to the particular working platform to be operated? [1910.66(i)(1)(ii)(B)] ❏ The company’s emergency plan? [1910.66(i)(1)(ii)(C)] ❏ Personal fall arrest system inspection, care, use, and system performance? [1910.66(i)(1)(ii)(E)] ❏ Do you provide employees with written work procedures for the operation, safe use, and inspection of working platforms? [1910.66(i)(1)(iv)] ❏ Do you keep a record of employee training, identifying the employees trained, the signature of the employer or the person who conducted the training, and the date that training was completed? [1910.66(i)(1)(v)] ❏ Do you make sure that powered platforms are not overloaded? [1910.66(i)(2)(i)]
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❏ Do you prohibit employees from working when snow, ice, or other slippery material covers ❏
❏ ❏ ❏ ❏ ❏ ❏
platforms, except for the removal of such materials? [1910.66(i)(2)(ii)] Do you take adequate precautions to protect the platform, wire rope, and life lines from damage due to acids or other corrosive substances, in accordance with the recommendations of the corrosive substance producer, supplier, platform manufacturer or other equivalent information sources? [1910.66(i)(2)(iii)] Are platforms, wire rope, and lifelines protected when using a heat-producing process? [1910.66(i)(2)(iv)] Do you immediately remove from service wire rope and lifelines that have been in contact with heat-producing processes? [1910.66(i)(2)(iv)] Do you make sure that platforms are not used when wind speeds exceed 25 miles per hour? [1910.66(i)(2)(v)] Do you attach an anemometer to platforms to measure wind speeds? [1910.66(i)(2)(vi)] Do you make sure that tools, materials, and debris are not allowed to accumulate on platforms? [1910.66(i)(2)(vii)] Do you require employees who work on powered platforms to use a personal fall arrest system? [1910.66(j)]
Training
1910.66(e)(9) A written emergency action plan shall be developed and implemented for each kind of working platform operation. This plan shall explain the emergency procedures which are to be followed in the event of a power failure, equipment failure or other emergencies which may be encountered. The plan shall also explain that employees inform themselves about the building emergency escape routes, procedures, and alarm systems before operating a platform. Upon initial assignment and whenever the plan is changed the employer shall review with each employee those parts of the plan which the employee must know to protect himself or herself in the event of an emergency. The following training is required for those who operate working platforms. 1910.66(i)(1) (i) Working platforms shall be operated only by persons who are proficient in the operation, safe use and inspection of the particular working platform to be operated. (ii) All employees who operate working platforms shall be trained in the following: (A) Recognition of, and preventive measures for, the safety hazards associated with their individual work tasks. (B) General recognition and prevention of safety hazards associated with the use of working platforms, including the provisions in the section relating to the particular working platform to be operated. (C) Emergency action plan procedures required in paragraph (e)(9) of this section. (D) Work procedures required in paragraph (i)(1)(iv) of this section. (E) Personal fall arrest system inspection, care, use and system performance.
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(iii) Training of employees in the operation and inspection of working platforms shall be done by a competent person. (iv) Written work procedures for the operation, safe use and inspection of working platforms shall be provided for employee training. Pictorial methods of instruction, may be used, in lieu of written work procedures, if employee communication is improved using this method. The operating manuals supplied by manufacturers for platform system components can serve as the basis for these procedures. (v) The employer shall certify that employees have been trained in operating and inspecting a working platform by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training and the date that training was completed. The certification record shall he prepared at the completion of the training required in paragraph (i)(1)(ii) of this section, and shall be maintained in a file for the duration of the employee’s employment. The certification record shall be kept readily available for review by the Assistant Secretary of Labor or the Assistant Secretary’s representative. Appendix C 1(e)(9) Before using a personal fall arrest system and after any component or system is changed, employees shall be trained in accordance with the requirements of paragraph 1910.66(i)(1), in the safe use of the system.
Training Recommended Basic employee training may cover: • Instruction in the safe operation and use of the equipment • A description of the safety features of the equipment • Procedures to be followed in case of emergency • Building emergency escape routes and alarm systems • Care and use of personal fall arrest system • Recognition of safety hazards • Preventive measures for safety hazards Supervisor training may cover: • Required inspections and maintenance • Training employees in operation of working platforms • Inspection of working platforms • Inspection of personal fall arrest system • Written procedures for employee training • Documentation of employee training
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Subpart G – Occupational Health and Environmental Control Sections 1910.94 to 1910.100 This part is concerned with the controls required to protect workers from respiratory hazards, noise exposure and radiation. While most of the regulations are concerned with engineering controls, work practices and personal protective equipment are also covered. Some training is required. Ventilation
Abrasive Blasting: ❏ Do blast-cleaning enclosures meet design and operation requirements? {1910.94(a)(3)] ❏ Do exhaust ventilation systems meet construction, installation, inspection,and maintenance requirements? [1910.94(a)94)] ❏ If personal protective equipment (PPE) is provided, does it meet the requirements found in Subpart I of this chapter? [1910.94(a)(5)] ❏ Do you have procedures for proper operation and housekeeping? [1910..94(a)(7)] Grinding, Polishing, and Buffing Operations: Do all grinding, polishing, and buffing operations meet design requirements for exhaust hood enclosures? [1910.94(b)(5)] Spray Finishing Operations: ❏ Are spray booths or spray rooms used to enclose all spray finishing operations? [1910.94(c)(2)] ❏ Do they meet the design, construction, and operation requirements for location and ventilation? [1910.94(c)(3)] Noise
❏ Are engineering and administrative controls used in areas where noise levels exceed the ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
permissible noise exposures? [1910.95(b)(1)] Is there a hearing conservation program implemented? [1910.95(c)(1)] Is there a noise monitoring program implemented? [1910.95(d)(1)] Are all exposed employees participating in an audiometric testing program? [1910.95(g)(1)] Are hearing protectors provided to all employees exposed to noise that exceeds the permissible noise exposure? [1910.95(i)(1)] Is an annual training program provided to all exposed employees? [1910.95(k)(1)-(3)] Are copies of this standard and related informational materials from OSHA available to employees? [1910.95(l)(1)] Are records of employee exposure measurements kept according to the requirements of the standard? [1910.95(m)] Are all materials related to the training and education program available to the assistant secretary of labor? [1910.95(m)(4)]
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Nonionizing Radiation
❏ Are employee exposures kept at or below the Radiation Protection Guide for all electromagnetic radiation sources? [1910.97(a)(2)] ❏ Is the proper warning symbol used for radio frequency radiation hazards? [1910.97(a)(3)] Ventiliation Training
Abrasive blasting–personal protective equipment. This paragraph requires a respiratory training program. 1910.94(a)(5)(iv) Occupational Noise Exposure Training
29 CFR 1910.95(g), 29 CFR 1910.95(i), and 29 CFR 1910.95(k) Hearing protection devices. The employer must provide training in the use and care of all hearing protectors provided to employees. Employees not using hearing protectors must be fitted with them, trained in their use and care, and required to use them. Employees already using hearing protectors must be refitted and retrained in their use and provided with hearing protectors offering greater attenuation if necessary. Hearing conservation. The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time-weighted average of 85 decibels, and shall ensure employee participation in such program. The training program must be repeated annually for each employee included in the hearing conservation program. Information provided in the training program must be updated to be consistent with changes in protective equipment and work processes. The employer must ensure that each employee is informed of: • The effects of noise on hearing • The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use, and care • The purpose of audiometric testing and an explanation of the test procedures Information for employees. The employer must make copies of the noise exposure rules to affected employees and any informational materials pertaining to the rule that are supplied to the employer by OSHA and post a copy in the workplace. The employer must provide all materials related to the training and education program to OSHA upon request.
Training Recommended Basic employee training may cover: • How ventilation systems work • Inspections and checks • How to detect malfunctions • Steps to take in the event of a failure • Need to keep all ventilation systems free from blockage • Respiratory training program
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• Other personal protection required • Operational procedures Noise Exposure • Effects of noise on hearing • Hearing protectors Audiometric Testing Program • Supervisor training may cover: • System operations and malfunctions • Monitoring devices for noise and radiation exposure • Where and when respirators are needed • Which respirators are suitable for specific operations • Reporting requirements
Subpart H – Hazardous Materials Sections 1910.101 to 1910.120 Subpart H is one of the largest and most important subparts of 29 CFR Part 1910. It consists of three main subject areas: Hazardous Materials, Process Safety Management of Highly Hazardous Chemicals, and Hazardous Waste Operations and Emergency Response. Compressed Gases
❏ Are compressed gas cylinders visually inspected to determine that they are in safe condition? ❏ ❏ ❏ ❏ ❏
[1910.101(a)] Do all compressed gas cylinders, portable tanks, and cargo tanks have pressure relief devices installed and maintained? [1910.101(c)(1)(iv)] Are hydrogen containers equipped with safety relief devices? [1910.103(b)(1)(ii)(a)] Are safety relief devices arranged to discharge upward and unobstructed to the open air? [1910.103(b)(1)(ii)] Are safety relief devices or vent piping located or designed so that moisture cannot collect? [1910.103(b)(1)(ii)(c)] Are bulk oxygen storage containers equipped with safety relief devices? [1910.104(b)(6)]
Acetylene
Is the in-plant transfer, handling, storage, and use of acetylene in cylinders in accordance with CGA Pamphlet G-1-1966? [1910.102(a)] ❏ Are piped systems for the in-plant transfer of acetylene in accordance with CGA Pamphlet G1.3-1959? [1910.102(b)] ❏ Are plants for the generation of acetylene and the filling of cylinders in accordance with CGA Pamphlet G-1.4-1966? [1910.102(c)]
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Hydrogen
Are containers for gaseous hydrogen in compliance with either ASME or DOT specifications? [1910.103(b)] ❏ Are containers for liquefied hydrogen in compliance with either ASME or ARI specifications? [1910.103(c)(1)] ❏ Are permanently installed containers provided with noncombustible supports and foundations? [1910.103(c)(1)(ii)] ❏ Are portable containers marked “LIQUEFIED HYDROGEN – FLAMMABLE GAS.”? [1910.103(c)(1)(iii)] ❏ Are storage containers and accessories protected from tampering and physical damage? [1910.103(b)(1)(vi)(c)] ❏ Are housings or containers adequately ventilated? [1910.103(c)(1)(vi)(d)] ❏ Are the hydrogen storage locations permanently placarded: HYDROGEN—FLAMMABLE GAS—NO SMOKING—NO OPEN FLAMES? [1910.103(c)(2)(i)(e)] Is the system located: ❏ Above ground? [1910.103(b)(2)(i)(b)] ❏ Away from electric power lines? [1910.103(b)(2)(i)(c)] ❏ Away from flammable liquid piping or piping of other flammable gases? [1910.103(b)(2)(i)(d)] Oxygen
❏ Are bulk oxygen storage systems located above ground out of doors or installed in a building ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
of noncombustible construction? [1910.104(b)(2)(i)] Is the system readily accessible to supply equipment and authorized personnel? [1910.104(b)(2)(ii)] Is the system located 50 feet from any combustible structures? [1910.104(b)(3)(ii)] Before placing the system in service, is all oil, grease, or other readily oxidizable materials cleaned off of it? [29 CFR 1910.104(b)(8)] Is the installation of the bulk oxygen system supervised by personnel familiar with proper practices? [1910.104(b)(8)(iv)] After installation, is all piping tested and proved gas tight at maximum operating pressure? [1910.104(b)(8)(v)] Are storage containers and accessories protected against physical damage and tampering? [1910.104(b)(8)(vi)] Are bulk oxygen storage locations permanently placarded: OXYGEN—NO SMOKING— NO OPEN FLAMES? [1910.104(b)(8)(viii)] Is long grass and wood cut back within 15 feet of bulk oxygen storage containers? [1910.104(b)(10)]
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Nitrous Oxide
Are piped systems for in-plant transfer of nitrous oxide in accordance with CGA Pamphlet G-8.11964? [1910.105] Flammable and Combustible Liquids
❏ Are storage tanks built of steel unless excepted? [1910.106(b)(1)(i)] ❏ Are piping systems suitable for the expected pressures and stresses? [1910.106(c)(1). ❏ In industrial plants, are flammable/combustible liquids stored in tanks or closed containers? ❏ ❏ ❏ ❏
[1910.106(e)(2)(ii)] In bulk plants, do rooms where flammable/combustible liquids are stored have exits arranged so people are not trapped in case of fire? [1910.106(f)(2)] In service stations are liquids stored in approved containers, underground tanks, enclosed tanks, or aboveground tanks? [1910.106(g)] At processing plants, are tank car and tank vehicle loading/unloading facilities separated from aboveground tanks, warehouses, etc.? [1910.106(h)(5)]. In refineries, chemical plants, and distilleries are flammable/combustible liquids stored in tanks, containers, or portable tanks? [1910.106(i)].
Spray Finishing Using Flammable and Combustible Materials
Are spray booths constructed of steel or other approved material? ❏ Are there any open flames or spark-producing equipment in the spraying area? [1910.107(b)(1)] ❏ Are ventilating/exhaust systems in compliance with the Standard for Blower and Exhaust Systems for Vapor Removal, NFPA No. 91-1961? [1910.107(c)] ❏ Is the storage of flammable/combustible liquids that are related to spraying operations in compliance with 1910.106? [1910.107(e)(1)] ❏ Are water sprinklers in compliance both in totally sprinklered buildings and in unsprinklered buildings where sprinklers are installed only to protect spraying areas? [1910.107(f)(1)] ❏ Is spraying carried on outside prearranged spraying areas? [1910.107(g)(1)] ❏ Is the use of electrostatic spraying with both fixed and hand-held equipment in compliance with this section? [1910.107(h)] ❏ Does drying, curing, or fusion apparatus conform to the Standard for Ovens and Furnaces, NFPA 86A-1969? [1910.107(j)] ❏ In powder-coating operations, is exhaust ventilation sufficient to maintain the atmosphere below the lowest explosive limits for the materials being applied? [1910.107(i)(2)] ❏ Are spraying operations involving organic peroxides and other dual-component coatings conducted in approved, sprinklered spray booths? [1910.107(m)]
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Explosives and Blasting Agents
Blasting Operations ❏ When blasting takes place in congested areas or near buildings, is the blast covered before firing with a mat to contain blast fragments? [1910.109(e)(1)(iii)] ❏ Is every reasonable precaution (including warning signals, flags, barricades, and woven wire mats) taken to ensure the safety of the public and employees? [1910.109(e)(1)(iv)] ❏ Are blasting operations conducted during daylight operations? [1910.109(e)(1)(v)] ❏ Before blasting, is a loud warning signal given? [1910.109(e)(5)] ❏ Are personnel prohibited from storing, handling, or transporting explosives or blasting agents in hazardous circumstances? [1910.109(b)(1)] Storage ❏ Are all explosives kept in magazines (any building or structure other than an explosive manufacturing building, used for storage of explosives) that meet requirements? [1910.109(c)(1)(i)] ❏ Are separate magazines provided for storage of blasting caps, detonating primers, and primed cartridges? [1910.109(c)(1)(ii)] ❏ Are magazines divided into Class I (for more than 50 pounds of explosives) and Class II (for 50 pounds or less of explosives)? [1910.109(c)(1)(iv)(v)] ❏ Are magazines for storage of explosives (other than black powder, Class B and Class C explosives) bullet resistant, weather resistant, fire resistant, and properly ventilated? [1910.109(c)(2)(ii)] ❏ Are magazines used for storage of black powder, Class B and Class C explosives weather resistant, fire resistant, and well ventilated? [1910.109(c)(2)(ii)] ❏ Are magazines for storage of blasting and electric blasting caps weather resistant, fire resistant, and ventilated? [1910.109(c)(2)(ii)] ❏ Are locations of Class I and Class II magazines posted with signs reading “Explosives—Keep Off”? [1910.109(c)(2)(iii)] ❏ Are packages of explosives stored flat with top side up? [1910.109(c)(5)(i)] ❏ Is black powder stored in magazines separately from other explosives? [1910.109(c)(5)(i)] ❏ Are packages of explosives piled in a stable manner? [1910.109(c)(5)(i)] ❏ Are the oldest explosives of any type removed and used first? [1910.109(c)(5)(i)] ❏ Are only experienced persons allowed to destroy explosives? [1910.109(c)(5)(v)] ❏ Are the floors of magazines kept clean, dry, and properly swept? [1910.109(c)(5)(iv)] ❏ Are smoking, matches, open flames, spark producing devices, and firearms (except those carried by guards) prohibited inside of or within 50 feet of magazines? [1910.109(c)(5)(vii)] ❏ Is a competent person in charge of magazines and responsible for enforcing all safety precautions? [1910.109(c)(5)(viii)] ❏ Are blasting agents (excluding water gels) transported, stored, and used in the same manner as explosives? [1910.109(g)(1)]
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❏ Is every warehouse used for storage of blasting agents supervised by a competent person? [1910.109(g)(5)(vii)]
Transporting ❏ Are explosives transferred from a disabled vehicle to another only when proper and qualified supervision is available? [1910.109(d)(1)(iii)] ❏ Are drivers of vehicles transporting explosives well-acquainted with traffic regulations and state laws? [1910.109(d)(3)(i)] ❏ Is every vehicle transporting explosives assigned to a trained driver who knows the contents of the vehicle and its hazards, and who stays with the vehicle at all times? [1910.109(d)(3)(iii)] ❏ Are vehicles transporting water gels and other dangerous commodities given the same care as vehicles transporting explosives and blasting agents? [1910.109(d)(3)(iii)] ❏ Is every driver assigned to a vehicle carrying blasting agents familiar with the equipment and with emergency operations? [1910.109(g)(3)(iii)(a)] ❏ Are matches, firearms, acids, and other corrosive liquids forbidden in the bed or body of any vehicle containing blasting agents? [1910.109(g)(6)(iii)] ❏ Are personnel who are smoking or under the influence of intoxicants, narcotics, or other dangerous drugs prohibited from riding on, driving, loading, or unloading a vehicle containing blasting agents? [1910.109(g)(6)(iv)] ❏ Are vehicles transporting blasting agents maintained in safe operating conditions at all times? [1910.109(g)(6)(vi)] ❏ Unless otherwise set forth, are water gels transported, stored, and used in the same manner as explosives or blasting agents? [1910.109(h)(1)] ❏ Do vehicles used on public highways for the bulk transportation of water gels or of ingredients classified as dangerous commodities meet the requirements of the Department of Transportation? [1910.109(h)(4)(i)(a)] ❏ Is the operator of a bulk delivery or mixing vehicle trained in the safe operation of the vehicle and its mixing, conveying, and related equipment? [1910.109(h)(4)(ii)(b)] ❏ Is the operator of such a vehicle familiar with the commodities being delivered and the general procedure for handling emergency situations? [1910.109(h)(4)(ii)(b)] Storage and Handling of Liquefied Petroleum Gases
❏ Are liquefied petroleum gases odorized so that the presence of gas is indicated? [1910.110(b)] ❏ Are containers marked in compliance with DOT? [1910.110(c)(2)] ❏ Are storage containers not constructed in accordance with DOT specifications in compliance with Table H-31 of 1910.110(d)(2)? [1910.110(d)(2)] ❏ Is liquefied petroleum gas fuel used from cargo tanks of trucks but not from cargo tanks on trailers or semitrailers? [1910.110(e)(2)] ❏ Are containers in storage located so as to minimize exposure to excessive temperature rise and physical damage? [1910.110(f)(2)]
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❏ Are storage containers at service stations designed and classified in compliance with Table H34 of 1910.110(h)(2)? [1910.110(h)92)] Storage and Handling of Anhydrous Ammonia
❏ Are equipment and systems in compliance with 1910.111(b)? [1910.111(b)] ❏ Do cylinders comply with DOT specifications (49 CFR Chap. I) and ANSI Z48.1-1954 (R1970) requirements? [1910.111(a)(2)(ii)] ❏ Are tank motor vehicles in compliance with the requirements of DOT? [1910.111(f)(i)] ❏ Are you aware that regulations for systems mounted on farm vehicles may differ from those for nonfarm vehicles? [1910.111(f)(i)] Process Safety Management of Highly Hazardous Chemicals
❏ Have you developed a written action plan regarding the implementation of employee partici❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
pation? [1910.119(c)(1)] Have you made a written compilation of process safety information before conducting any process hazard analysis that is required? [1910.119(d)] Have you made an initial process hazard analysis on processes in your workplace that involve highly hazardous chemicals? [1910.119(e)(1)] Have you implemented written operating procedures that provide clear instructions for the safe operation of each process covered by this standard? [1910.119(f)(1)] Has each employee involved in a process, or about to be involved in a process, been trained in an overview of the process and in the appropriate operating procedures? [1910.119(g)(1)] When a contract employer is used, have you obtained and evaluated information on the contract employer’s safety performance and programs? [1910.119(h)(2)(i)] Do you perform a pre-startup safety review for new and modified facilities? [1910.119(i)(1)] Have you implemented written procedures for maintaining the ongoing integrity of process equipment? [1910.119(j)(2)] Have you issued a hot-work permit for hot-work operations conducted on or near a covered process? [1910.119(k)(1)] Have you implemented procedures to manage changes to process chemicals, technology, equipment, and procedures? [1910.119(l)(1)] Do you investigate each incident that results in (or could have resulted in) a catastrophic release of highly hazardous chemicals in the workplace? [1910.119(m)(1)] Have you implemented an emergency action plan for the whole plant? [1910.119(n)] Do you evaluate compliance at least every three years to verify adequate compliance? [1910.119(o)(1)] Do you make all information necessary to comply with 1910.119 available to those persons responsible for the compliance without regard to possible trade secret status of such information? [1910.119(p)(1)]
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❏ Have you consulted Appendix A to 1910.119?List of Highly Hazardous Chemicals, Toxics and Reactives, to see if any of these chemicals are used by you in your processes? Hazardous Waste Operations and Emergency Response
❏ Do you have a written safety and health program for employees involved in hazardous waste ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
operations, and is it available to employees and OSHA personnel? [1910.120(b)] Have specific site hazards been identified to determine what safety and health control procedures are needed to protect employees? [1910.120(c)] Have procedures been taken to control employee exposure to hazardous substances before cleanup of a site begins? [1910.120(d)] Have all employees exposed to health or safety hazards received training before they engage in hazardous waste operations? [1910.120(e)] Do you have a medical surveillance program in place to monitor employees? [1910.120(f)] Are engineering controls, work practices, and PPE implemented to protect employees from safety and health hazards? [1910.120(g)] Are employees monitored to make sure they are not exposed to hazardous substances above the PELs? [1910.120(h)] Are employees who are engaged in hazardous waste operations informed of the probable nature and level of exposure? [1910.120(i)] Do drums and containers used during a clean-up meet DOT, OSHA, and EPA regulations? [1910.120(j)] Are employees informed of decontamination procedures before they enter any areas where they might be exposed to hazardous substances? [1910.120(k)] Have you implemented a written emergency response plan, and is it available for copying? [1910.120(l)] Are areas accessible to employees lighted in accordance with Table H-120.1? [1910.120(m)] Is an adequate supply of potable water provided at temporary worksites? [1910.120(n)] Do you develop new technologies and equipment for the improved protection of employees involved in hazardous waste operations? [1910.120(o)] Are employees who are expected to participate in emergency response given training? [1910.120(p)]
Dipping and Coating Operations
❏ Are containers used as dip tanks strong enough to withstand any expected load? [1910.124.(a)] ❏ Does ventilation applied to vapor areas keep the airborne concentration of any substance below 25% of its lower flammable limit (LFL)? [1910.124(b)(1)] ❏ Do you have a system that sounds an alarm and automatically shuts down the operation when the vapor concentration in the exhaust stream exceeds 25% of the LFL? [1910.124(c)(3)]
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❏ When an employee enters a dip tank, do you meet the entry requirements of 1910.146 as ❏ ❏ ❏ ❏ ❏ ❏
❏ ❏ ❏
applicable? [1910.124(e)] Are deluge showers and eyewashes near each tank? [1910.124(g)(g)] Are sufficient facilties avaliable for washing, locker room, and first aid? [1910.124(h)] Are there procedures for inspection and maintenance of tanks and surfaces around tanks? [1910.124(j)(3)] Are respirators as specified in 1910.134 or mechanical ventilation provided as required? [1910.124(j)(4)] Are hardening and tempering tanks located as far as possible from furnaces and not on combustible floors? [1910.126(a)(1)(i)-(ii)] If you use flammable or combustible liquids, do you ensure that there are no flames, sparkproducing devices, or other surfaces that are hot enough to ignite vapors? [1910.125(e)(1)(ii)] Do you ensure that all vapor areas are free of combustible debris? [1910.125(e)(4)(i)] Are manual fire extinguishers suitable for flammable and combustible liquid fires provided? [1910.125(f)(2)(i)] Is there an automatic fire-extinguishing system? [1910.125(f)(2)(ii)]
Compressed Gases Training
(Includes 1910.101 General requirements; 1910.102 Acetylene; 1910.103 Hydrogen; 1910.104 Oxygen; and 1910.105 Nitrous oxide.) There is little training specifically required by these paragraphs. What there is generally applies only to installation of systems, not to their operation. Most employers will choose to implement a much more thorough training program, however, because of the major hazards involved in handling compressed gases. • Installation of gaseous and liquefied hydrogen systems, and of bulk oxygen systems. In all three cases, similar paragraphs of the regulation require supervision by trained personnel. 1910.103(b)(1)(iv)(b)–(Gaseous hydrogen systems) 1910.103(c)(1)(vi)(b)–(Liquefied hydrogen systems) 1910.104(b)(8)(iv)–(Bulk oxygen systems) • Attendant for mobile hydrogen unloading. Another requirement pertains to unloading of mobile hydrogen. A trained attendant is required. 1910.103(c)(4)(ii)
Training Recommended Although the compressed gases addressed here have been grouped together, they each possess unique hazards. Since the requirements vary depending on the specific gas involved, the volumes stored and used, and your particular operations, you will have to study the regulations carefully to refine the details of your training. In addition, there are many other compressed gases not specifically identified in these regulations for which you will also want to provide training.
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Training must cover the hazards of compressed gases and the considerations for handling them. Use the following approach for discussing compressed gases: • Principal hazard • Effects • Hazard recognition • Identification (labels, signs) • Exposure guidelines • Workplace controls • Personal protective equipment • Use, handling practices, procedures • Emergencies, first aid • Special concerns • Personal hygiene Note: Some of the information can be presented generally, while other information is gas specific, i.e., it is different for each gas. Basic employee training programs may cover: • Inspection requirements • Security requirements • Electrical bonding procedures • Storage and transfer procedures • Activity limitations and precautions such as “no smoking” rules or prohibitions • Against using power tools. • Emergency procedures Supervisor training programs may cover: • Details about all procedures mentioned above • Housekeeping and storage requirements • Ventilation systems and requirements • Fire-fighting equipment use and maintenance Flammable and Combustible Liquids Training
(Includes 1910.106 flammable and combustible liquids; 1910.107 Spray finishing using flammable and combustible materials; and 1910.108 Dip tanks containing flammable or combustible liquids.) The following training is required by this section: • Tank storage–inspections. Instruction and training are required for storage areas subject to flooding. 1910.106(b)(5)(vi)(v)(2) That detailed printed instructions of what to do in flood emergencies are properly posted. 1910.106(b)(5)(vi)(v)(3)
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That station operators and other employees depended upon to carry out such instructions are thoroughly informed as to the location and operation of such valves and other equipment necessary to effect these requirements. There is no other required training.
Training Recommended The training topics below are suggested for employers involved with flammable and combustible liquids. Basic employee training programs may cover: • Flammability hazard • Effects • Hazard recognition • Identification (labels, signs) • Exposure guidelines • Workplace controls • Personal protective equipment • Use, handling practices, procedures (including storage and transfer) • Emergencies and first aid (including fire-control procedures and fire-control equipment) • Special concerns • Area limitations such as no-smoking rules, open-flame rules, etc. • Ventilation systems • Housekeeping procedures Supervisor training programs may cover: • Necessity for careful supervision of safety precautions. • Fire control and maintenance procedures • Requirement that hot work and spark-producing tools be used only under the supervision of a person in responsible charge, and that that individual make an inspection of the area before such work commences. • Housekeeping requirements including access, waste and residue, and clear zones. • Transfer requirements including electrical bonding • At wharves, requirement to have wharf superintendent and officer in charge of tank vessel agree that proper connections are made and proper precautions taken • Record-keeping requirements for certain operations, such as for Class I liquid storage tanks at service stations. For spray finishing operations: • Cleaning requirements for equipment and spray area • Area requirements concerning use of certain types of equipment near spray area • Storage and transfer of ingredients. Limitations on at-site storage of ingredients. • Alternate use prohibitions for spray areas.
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Explosives and Blasting Agents Training
The parts of this section (1910.109) that require training cover the loading, storage, and transportation of explosives and blasting agents. The regulations that apply to you will depend on which explosives and blasting agents you use and how you load, transport, and store them. Because of the great danger involved in handling explosives, most employers will want to be much more thorough in their training than is required. • Destroying dangerous explosives. Experienced people must be used. 1910.109 (c)(5)(v) • Person in charge of magazines. Such persons must be trained and are responsible for safe operation. 1910.109 (c)(5)(viii) • Transfers of explosives. Qualified supervision is required. 1910.109 (d)(1)(iii) • Operation of transportation vehicles. Drivers must know traffic regulations and state laws. 1910.109 (d)(3)(i) • Attending motor vehicles carrying explosives. A trained person who knows the contents of the vehicle and its hazards must stay with the vehicle at all times. 1910.109 (d)(3)(iii) • Drivers of vehicles carrying blasting agents. These drivers must be familiar with the equipment and with emergency operations. 1910.109 (g)(3)(iii)(a) • Static dissipation determination. When engaged in pneumatic loading of blasting agents from bulk delivery vehicles into blastholes primed with electric blasting caps or other static-sensitive systems, a qualified person must evaluate the static dissipation. 1910.109 (g)(3)(iv)(c) • Blasting agent warehouses. Competent supervisors are required. 1910.109 (g)(5)(vii) • Drivers of vehicles transporting blasting agents. Drivers must have valid licenses and know applicable traffic laws. 1910.109 (g)(6)(ii) • Vehicles transporting water gels or dangerous commodities. In general, vehicles transporting water gels and other dangerous commodities must also comply with some of the regulations that govern explosives and blasting agents. 1910.109 (h)(4)(i)(a); 1910.109 (h)(4)(ii)(b)
Training Recommended Basic employee training may cover: • Explosives —Definitions and classes of explosives —General hazard provision (see below) —Storage of explosives —Transportation of explosives —Use of explosives and blasting agents —Explosives at piers, railway stations, etc. —Prohibitions (such as smoking) • Blasting agents —Mixing
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•
• • •
—Delivery —Storage —Transportation Water gel (slurry) explosives and blasting agents —Mixing —Bulk Delivery Storage of ammonium nitrate Small arms ammunition, primers, and propellant Supervisor training may cover: —Importance of training before any employee is allowed near explosives —Detailed understanding of procedures and prohibitions.
Storage and Handling of Liquefied Petroleum Gases Training
This section (1910.110) covers basic rules, cylinder systems, non-DOT containers, motor fuel, container storage, commercial vehicles, and service stations. The following training is required by this section: • General training. Anyone working with liquefied petroleum gases must be properly trained. 1910.110(b)(16) • Watch service. This requires that if a watch service is maintained, those personnel must be trained. This regulation applies to systems in industrial plants (of 2,000 gallons water capacity and more) and to bulk filling plants. 1910.110(d)(12)(i) • Dispensing gas. A competent person must perform this operation. 1910.110(h)(11)(vii)
Training Recommended Because of the general training requirement above, all of this recommended training may be considered to be required. Basic employee training may cover: • Odorizing process • Container marking system • Storage requirements • Connections, hoses, shut-off valves, vaporizers • Transfer procedures • Charging of LP-Gas vehicles • Open flame prohibitions • Danger signs, emergency procedures
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Supervisor training may cover: • Watch service provisions • Specific limitations and requirements of systems on site, including piping, safety systems, and all operations. Note: There are special provisions that apply to LP-Gas service stations and installations on commercial vehicles. See the regulations if you are involved in these situations. Storage and Handling of Anhydrous Ammonia Training
This section (1910.111) covers storage, containers, tank motor vehicles, and systems mounted on farm vehicles. The following training is required by this section: • Custom-designed storage approvals. A certified or trained person must attest to the safety of custom-designed units which are not certified safe by established agencies. 1910.111(b)(1)(iv) • Tank car unloading points and operations. Trained, reliable personnel with proper authority are required for these operations. 1910.111(b)(13)(ii)
Training Recommended Basic employee training may cover: • General information about anhydrous ammonia • Marking requirements • Location requirements • Appurtenances, hoses, safety relief devices • Respirator requirements • Shower and water requirements • Transfer procedures • Alarm systems • Emergency procedures Supervisor training may cover: • Eequired attendant provision • Inspection program • Training procedures and training outline Note: Procedures and requirements vary depending upon the type of installation (i.e., refrigerated or nonrefrigerated). Modify your training to accommodate your specific types of ammonia handling. Note also that there are somewhat modified requirements for farm use.
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Process Safety Management of Highly Hazardous Chemicals Training
This section (1910.119) contains requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. • Initial training. Every employee who operates or will operate a process, must be trained in the operating procedures of that process. 1910.119(g)(1)(i) • Exception to initial training. In lieu of training, employers may provide written certification for employees already experienced in the operating procedures of a process. 1910.119(a)(1)(ii) • Refresher training. Employees shall provide refresher training in the operating procedures of a process at least once every three years. 1910.119(g)(2) • Training documentation. Employers shall keep a record for each employee trained. 1910.119(g)(3) • Contract employees. Contract employees shall be trained in the applicable safe work practices. 1910.119(h)(3)(i) • Instruction in potential hazards. Contract employees shall be trained in potential fire, explosion, and toxic release hazards. 1910.119(h)(3)(ii) • Documentation requirements. Contract employers shall document that contract employees have received and understood the required training. 1910.119(h)(3)(iii) • Pre-start-up safety review. Reviews must confirm that before introducing hazardous chemicals to a process, training shall be complete. 1910.119(i)(2)(iv) • Training for process maintenance activities. Employees maintaining process equipment shall receive training in the process and its hazards. 1910.119(j)(3) • Management of change. Employees whose job duties will be affected by a process change shall be trained in those changes before start-up of the new process. 1910.119(l)(3)
Training Recommended Basic employee training may cover: • Safety and health hazards of the pertinent chemicals and processes • Hazard Communication (1910.1200) • Incidental and minor releases • Material safety data sheets (MSDSs) • Operating procedures • Safety work practices • Emergency evacuation • Emergency response • Safety procedures • Hands-on training • Video training • On-the-job training
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• Language familiar to trainees • Improving the training process • Updated training following a process change Basic supervisor training may include: • Which employees must be trained • What subjects to be covered • Periodic evaluation of training program • Revision of program if necessary • Retraining/refresher training • Improving the training process • Updated training following a process change • Evaluation of employee’s absorption of training • Emergency duties and responsibilities • Audits of process safety management system and program Hazardous Waste Operations and Emergency Response (HAZWOPER) Training
This subpart covers various kinds of clean-up operations such as those required by a government body, corrective actions involving clean-ups under RCRA, voluntary clean-ups and operations at TSD facilities regulated by RCRA or EPA. Subpart H also covers emergency response operations where hazardous substances are released or threaten to be released. Trainers must be qualified and shall have satisfactorily completed a training program or have the academic credentials and instructional experience necessary for teaching the subjects. The following training is required by this section: • Workers who are involved with general hazardous waste operations, RCRA operations, TSDFs, and emergency response activities must be trained. Training requirements and length of training vary with the type of operation involved. Employees and supervisors who have completed the training must be certified. 1910.120(e)
Uncontrolled Hazardous Waste Operations An “uncontrolled hazardous waste site” is an area identified by a governmental body, whether federal, state, local, or other, where an accumulation of hazardous substances creates a threat to the health and safety of individuals or the environment or both. They include those on EPA’s National Priority List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government-identified sites that are conducted before the presence or absence of hazardous substances has been determined.
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Training provided for workers at uncontrolled hazardous waste operations and cleanup sites must cover the following topics: • Names of personnel and alternates responsible for site safety and health • Safety, health, and other hazards present on the site • Use of PPE • Work practices by which the employee can minimize risks from hazards • Safe use of engineering controls and equipment on-site • Medical surveillance • Familiarization with the safety and health plan provisions • Personal protective equipment for employee protection. • Operations under RCRA. This paragraph requires special programs for employers conducting operations at TSDFs facilities. • Training for emergency response. Facilities providing training programs for workers engaged in operations at RCRA-regulated TSDFs must include the following information: • Recognition of health and safety hazards • Safe use of control equipment • Selection and use of appropriate PPE • Safe operating procedures to be used at the incident scene • Techniques of coordination with other workers in order to minimize risks • Appropriate response to overexposure from health hazards or injury to themselves or other workers • Recognition of subsequent symptoms that could result from overexposure • Workers must have 24 hours of training plus 8 hours of annual refresher training. Workers who are expected to respond to hazardous substance releases (responders) are required to receive specific training. Different levels of initial training are required, depending on the duties and functions of each responder.
Training Recommended Basic employee training may cover: • Training requirements, informational program • Site safety and health plan • OSHA regulations • Employee responsibility • Site analysis and communication of findings • Names of personnel and alternates responsible for site safety and health • Safety, health and other hazards present on the site; —Exposures exceeding the appropriate Threshold Limit Values (TLVs), Permissible Exposure Limits (PELs) or Recommended Exposure Limits (RELs).
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• • •
• • • • • • • • • • •
—IDLH Concentrations —Potential Skin Absorption and Irritation sources —Potential Eye Irritation sources —Explosion sensitivity and Flammability Ranges Identification of hazards Hazard controls Use of PPE —Site hazards for which PPE is used —PPE selection based on site hazards —PPE use and limitations —PPE maintenance, and storage —PPE inspection before, during, and after use —PPE training and proper fitting, including hands-on training —PPE donning and doffing procedures —PPE decontamination and disposal —PPE in-use monitoring, —Evaluation of PPE program —Limitations during temperature extremes and heat stress —Other appropriate medical considerations Work practices by which the employee can minimize risks from hazards; safe use of engineering controls and equipment on the site Medical surveillance requirements including recognition of symptoms and signs which might indicate overexposure to hazards Site control measures Decontamination procedures Site’s standard operating procedures Contingency plan for safe and effective responses to emergencies including the necessary PPE and other equipment. Confined space entry procedures On-site emergency training and rehearsal Off-site emergency training and rehearsal First aid Hygiene
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Supervisor Training Requirements • Responsibilities • HAZMAT team programs and procedures • Training requirements and assignment • Trainer qualification requirements • Programs such as PPE, spill containment, health hazard monitoring • Recordkeeping requirements Employers may also want to develop training for specialized roles, such as emergency response teams, first responder awareness level, first responder operations level, hazardous materials technician, hazardous materials specialist, and the on-the-scene incident commander. Dipping and Coating Operations Training
This section applies when you use a dip tank containing a liquid other than water. It applies when you use the liquid in the tank or its vapor to clean, coat, alter the surface of, or change the character of an object. It also applies to the draining or drying of an object you have dipped or coated. Requirements for dipping and coating regulations including construction, ventilation, first aid, hygiene facilities, cleaning, and inspection and maintenance are included. The following training is required by this section: • Employees must know first aid procedures. 1910.124(f) Your employees must know the first-aid procedures that are appropriate to the dipping or coating hazards to which they are exposed Note: Also see training requirements for the following: • Personal protective equipment (1910.132(f)) • Respiratory protection (1910.134(k)) • Permit-required confined spaces (1910.146(g)) • Hazard Communication (1910.1200(h))
Training Recommended Basic employee training may cover: • Deluge and flush systems • Cuts and scratches • Welding and open flames Supervisor training may cover: • Requirements of the standard including —Inspection and maintenance —Personal protective equipment —Confined-space entry —Hazard communication
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Subpart I – Personal Protective Equipment Sections 1910.132 to 1910.139 This section includes personal protective equipment for eyes, face, head, and extremities; protective clothing, respiratory devices, and protective shields and barriers. Training is particularly important here, since this is an area where employees are likely to “forget” to wear their equipment unless carefully trained and monitored. General Requirements [29 CFR 1910.132] Assessing Appropriate PPE
❏ Has the workplace been assessed for hazards for which PPE would be necessary? ❏ ❏ ❏ ❏ ❏
[1910.132(d)(1)] If such hazards are present, is PPE selected to protect each affected employee? [1910.132(d)(1)(i)] Are employees informed of the PPE selected? [1910.132(d)(1)(ii)] Is PPE chosen that properly fits each affected employee? [1910.132(d)(1)(iii)] Is the workplace hazard assessment documented with a written certification? [1910.132(d)(2)] Is defective or damaged PPE avoided? [1910.132(e)(1)]
Training
❏ Are employees trained on when and how to use PPE? [1910.132(f)(1)] ❏ Can each affected employee demonstrate understanding of the training and proper use of PPE before performing work that requires the PPE? [1910.132(f)(2)] ❏ If any affected employee appears not to have successfully mastered the training, is retraining provided? [1910.132(f)(3)] Wearing and Maintaining Equipment
❏ Is protective equipment provided, used, and maintained in a sanitary and reliable condition as needed? [1910.132(a)(1)] ❏ If employees provide their own protective equipment, is it checked for performance, maintenance, and sanitation? [1910.132(b)(1)] ❏ Is all personal protective equipment (PPE) designed and constructed for the work it will be used for? [1910.132(c)(1)] Skin Protection
❏ Is protective equipment, including protective clothing and protective shields and barriers, provided and used wherever necessary? [1910.132(a)] ❏ Is such equipment maintained in a reliable condition to protect against hazards capable of causing injury through absorption, inhalation, or physical contact? [1910.132(a)] ❏ Is appropriate hand protection selected and required for employees whose hands are exposed to hazards such as skin absorption of harmful substances? [1910.138(a)]
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Eye and Face Protection
❏ Do eye and face devices purchased after July 5, 1994, comply with ANSI Z87.1-1989, ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
❏ ❏
“American National Standard Practice for Occupational and Educational Eye and Face Protection?” [1910.133(b)(1)] Do eye and face devices purchased [before July 5, 1994, comply with the ANSI “USA standard for Occupational and Educational Eye and Face Protection,” Z87.1-1968? [1910.132(b)(2)] If not, can the devices be demonstrated to be equally effective? [1910.132(b)(2)] Are eye and face PPE distinctly marked to identify the manufacturer? [1910.133(a)(4)] If an affected employee wears prescription lenses while working in an area that involves eye hazards, do they wear eye protection that includes the prescription? [1910.133(a)(3)] If not, does the employee use eye protection that can be worn over the prescription lenses correctly? [1910.133(a)(3)] Do affected employees use protective equipment with filter lenses? [1910.133(a)(5)] Do the lenses have a shade number that provides appropriate protection from light radiation? [1910.133(a)(5)] Do affected employees wear appropriate eye and/or face protection when exposed to hazards such as flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation? [29 CFR 1910.133(a)(1)] Do affected employees use eye protection that provides side protection when there is a hazard from flying objects [1910.133(a)(2)] If detachable side protectors (clip-on or slide-on side shields) are used, do they meet the requirements of the standard? [1910.133(a)(2)]
Respiratory Protection
Respiratory Protection Program ❏ Has a written respiratory program been developed and implemented? [1910.134(c)] ❏ Does the program address worksite-specific conditions and procedures? [1910.134(c)] ❏ Is the program administered by a trained program administrator? [1910.134(c)] ❏ Is the program updated as necessary to reflect changes in work conditions that affect respirator use? [1910.134(c)] Are the following provisions addressed in the program? ❏ Procedures for selecting respirators [1910.134(c)(1)(i)] ❏ Medical evaluation of every employee required to use a respirator [1910.134(c)(1)(ii)] ❏ Fit testing procedures for tight-fitting respirators [1910.134(c)(1)(iii)] ❏ Procedures for use of respirators in routine situations as well as reasonably foreseeable emergencies [1910.134(c)(1)(iv)] ❏ Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, maintaining, and discarding respirators [1910.134(c)(1)(v)]
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❏ Procedures to ensure adequate air quality and quantity, as well as flow of breathing air for atmosphere-supplying respirators [1910.134(c)(1)(vi)] ❏ Training of employees in the respiratory hazards to which they may be exposed [1910.134(c)(1)(vii)] ❏ Training of employees in the proper use of respirators, including putting them on and taking them off, maintaining them, and becoming aware of their limitations [1910.134(c)(1)(viii)] ❏ Procedures for regularly evaluating the effectiveness of the program [1910.134(c)(1)(ix)]
Maintenance and Care ❏ Is the respirator clean, sanitary, and in good working order? [1910.134(h)(1)] ❏ Are respirators used exclusively by one employee cleaned and disinfected as often as necessary to be sanitary? [1910.134(h)(1)(i)] ❏ Are respirators used by more than one employee cleaned and disinfected before being worn by each individual? [1910.134(h)(1)(ii)] ❏ Are respirators intended for emergencies cleaned and disinfected after each use? [1910.134(h)(1)(iii)] ❏ Are respirators used in fit testing and training cleaned and disinfected after each use? [1910.134(h)(1)(iv)] ❏ Are all respirators stored in a manner that protects them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals? [1910.134(h)(2)(i)] ❏ Are respirators packed or stored in a manner that prevents deformation of the facepiece and exhalation valve? [1910.134(h)(2)(i)] Are emergency respirators— ❏ Accessible to the work area? [1910.134(h)(2)(ii)] ❏ Stored in clearly marked compartments or covers in accordance with manufacturer’s instructions? [1910.134(h)(2)(ii)] ❏ Are all routinely used respirators inspected before each use and during cleaning? [1910.134(h)(3)(i)(A)] ❏ Are all emergency respirators inspected in accordance with manufacturer’s instructions at least monthly, and before and after each use? [1910.134(h)(3)(i)(B)] ❏ Are emergency escape-only respirators inspected before being carried into the workplace for use? [1910.134(h)(3)(i)(C)] Do respirator inspections include— ❏ A check of function, tightness of connections, and condition of the facepiece, head straps, valves, connecting tube, and cartridges, canisters, or filters? [1910.134(h)(3)(ii)(A)] ❏ A check of elastomeric parts for pliability and signs of deterioration? [1910.134(h)(3)(ii)(B)] ❏ Is each self-contained breathing apparatus inspected monthly? [1910.134(h)(3)(iii)]
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❏ Are air and oxygen cylinders kept fully charged, and are they recharged when the pressure falls to 90 percent of the manufacturer’s recommended pressure level? [1910.134(h)(3)(iii)] ❏ Are the regulator and the warning devices functioning properly? [1910.134(h)(3)(iii)] Head Protection
❏ Do all affected employees wear helmets when working in areas where there is the potential for ❏ ❏
❏ ❏
❏
head injuries? [1910.135(a)(1)] Do employees at risk for electrical shock to the head wear helmets designed to reduce risk? [1910.135(a)(2)] Do helmets purchased after July 5, 1994, comply with ANSI Z89.1-1986, “American National Standard for Personnel Protection-Protective Headwear for Industrial WorkersRequirements?” [1910.135(b)(1)] If helmets do not comply with this requirement, can they be demonstrated to be equally as effective? [1910.135(b)(1)] Do helmets purchased before July 5, 1994, comply with the ANSI standard “American National Standard Safety Requirements for Industrial Head Protection,” ANSI Z89.1-1969? [1910.135(b)(2)] If helmets do not comply with this requirement, can they be demonstrated to be equally as effective? [1910.135(b)(1)]
Foot Protection
❏ Do all affected employees wear foot protection when working in areas where there is the potential of foot injuries from rolling or falling objects? [1910.136(a)(1)] ❏ Do all affected employees wear foot protection when working in areas where there is the potential of foot injuries from objects piercing the sole? [1910.136(a)(1)] ❏ Do all affected employees wear foot protection when working in areas where there is the potential of foot injuries from electrical hazards? [1910.136(a)(1)]
Footwear Requirements [29 CFR 1910.136] ❏ Does protective footwear purchased after July 5, 1994, comply with ANSI Z41-1991, “American National Standard for Personal Protection-Protective Footwear”? [1910.136(b)(1)] ❏ If not, can it be demonstrated that the footwear is equally as effective? [1910.136(b)(1)] ❏ Does protective footwear purchased before July 5, 1994, comply with the ANSI standard Z41.1-1967 “USA Standard for Men’s Safety-Toe Footwear”? [1910.136(b)(2)] ❏ If not, can it be demonstrated that the footwear is equally as effective? [1910.136(b)(2)] Training
There are numerous general industry training provisions for PPE that are applicable to eye and face, head, foot, and hand protection. Employee training. The employer must provide training to each employee who is required by this section to use PPE. Each such employee must be trained to know at least:
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• • • • •
When PPE is necessary What PPE is necessary How to properly don, doff, adjust, and wear PPE The limitations of the PPE The proper care, maintenance, useful life, and disposal of the PPE 29 CFR 1910.132(f)(1) Understanding of training. Employees must know how to use PPE properly before being allowed to perform work that requires its use. 29 CFR 1910.132(f)(2) Each affected employee must demonstrate an understanding of the training, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE. Retraining. Employees who have already been trained who do not have the understanding and ability to use PPE properly must be retrained. 29 CFR 1910.132(f)(3) When the employer has reason to believe that any affected employee who has already been trained does not have the required understanding and skill, the employer must retrain the employee. Circumstances where retraining is required include, but are not limited to, situations where: • Changes in the workplace render previous training obsolete; or • Changes in the types of PPE to be used render previous training obsolete; or • Inadequacies in an affected employer’s knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill. Training verification. The employer must certify in writing that each affected employee has received and understood the required training in PPE. 29 CFR 1910.132(f)(4).
Respiratory Protection 29 CFR 1910.134 Program administrator. An experienced or trained administrator must be designated by the employer to oversee the respiratory protection program and conduct the required program evaluations. 29 CFR 1910.134(c)(3)-(4) The employer must designate a program administrator who is qualified by appropriate training or experience that is commensurate with the complexity of the program to administer or oversee the respiratory protection program and conduct the required evaluations of program effectiveness. The employer must provide respirators, training, and medical evaluations at no cost to the employee. Employee training and information. Employers must provide effective training to employees required to use respirators.. The training must be comprehensive, understandable, and recur annually, and more often, if necessary. The employer must also provide the basic information on respirators in 29 CFR 1910.134 Appendix D to employees who wear respirators when not required by this section or the employer to do so. The employer must ensure that each employee can demonstrate knowledge of at least the following: • Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator • The limitations and capabilities of the respirator
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• How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions • How to inspect, put on and remove, use, and check the seals of the respirator • What the procedures are for maintenance and storage of the respirator • How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators The training must be conducted in a manner that is understandable to the employee. The employer must provide the training before requiring the employee to use a respirator in the workplace. Annual retraining. Retraining must be administered annually and when the following situations occur: • Changes in the workplace or the type of respirator render previous training obsolete; or • Inadequacies in the employee’s knowledge or use of the respirator indicate that the employee has not retained the requisite understanding or skill; or • Any other situation arises in which retraining appears necessary to ensure safe respirator use. Information for employees who wear respirators when they are not required. Basic information on respirators must be provided to employees who wear respirators when not required. 29 CFR 1910.134(k)(6) Repairs to respirators. Only trained persons may make repairs or adjustments to respirators. 29 CFR 1910.134(h)(4)(i) Repairs or adjustments to respirators are to be made only by persons appropriately trained to perform such operations and must use only the respirator manufacturer’s NIOSH-approved parts designed for the respirator. Procedures for immediately dangerous to life and health (IDLH) atmospheres. Employees located outside IDLH atmospheres must be trained and equipped to provide effective emergency rescue. 29 CFR 1910.134(g)(3) The employer must ensure that employees located outside the IDLH atmosphere are trained and equipped to provide effective emergency rescue.
Training Recommended Thorough and detailed training in this area is very important. Basic employee training may cover: • Employer’s obligation to identify hazards in the workplace • Employer’s obligation to provide and maintain protective equipment • Employee’s obligation to use equipment • Hazards for which protection is issued • For each piece of protective equipment used by employees: —Conditions for use —Fitting instructions and testing —Inspection
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—Signs of damage —Maintenance and cleaning —Storage —Indications of malfunction • Emergency procedures • “Additional man” rule for areas where employee might be overcome • “Standby man” rules • Respirator labels • Proper disposal of contaminated PPE Supervisor training may cover: • Hazard assessment • Importance of personal protection • Importance of supervisor’s role • PPE selection, maintenance, fitting • Inspection requirements • Training programs
Subpart J – General Environmental Controls Sections 1910.141 to 1910.150 This subpart covers sanitation, temporary labor camps, safety color code for marking physical hazards, specifications for accident prevention signs and tags, permit-required confined spaces, and the control of hazardous energy (lockout/tagout). Sanitation
❏ Is potable water provided? [1910.141(b)(1)(i)] ❏ Are toilet facilities, separate for each sex, provided in sufficient proportion to the number of ❏ ❏ ❏ ❏ ❏
employees? [1910.141(c)(1)] Are lavatories (sinks) provided? [1910.141(d)(2)(i)] Where required by a specific standard, are showers and change rooms provided? [1910.141(d)(3)(i) and (e)] Are clothes-drying facilities provided where necessary? [1910.141(f)] Do you prohibit the consumption or storage of food and beverages in toilet rooms or in areas exposed to toxic materials? [1910.141(g)(2)-(4)] Are food-service facilities and operations carried out in a hygienic manner? [1910.141(h)]
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Temporary Labor Camps
❏ Are sites for camps adequately drained? [1910.142(a)] Are shelters in compliance with the following: ❏ Floor space per occupant [1910.142(b)(2)] ❏ Beds [1910.142(b)(3)] ❏ Storage [1910.142(b)(3)] ❏ Floors [1910.142(b)(4)-(5)] ❏ Windows [1910.142(b)(73)] ❏ Screens [1910.142(b)(8)] ❏ Heating equipment [1910.142(b)(11)] ❏ Cooking equipment [1910.142(b)(10)] ❏ Water-heating equipment [1910.142(b)(11)] ❏ Is there an adequate water supply? [1910.142(c)(1)] ❏ Are toilet facilities adequate for the capacity of the camp? [1910.142(d))] ❏ Where public sewers are available, are all drains from buildings connected to them? [1910.142(e)] ❏ Are laundry, hand washing, and bathing facilities provided? [1910.142(f)] ❏ Where there is electricity available, is there at least the minimum number of lights and outlets provided? [1910.142(g)] ❏ Do garbage containers meet the specifications of the regulation? [1910.142(h)] ❏ Are the food-handling facilities in compliance with the U.S. Public Health Service code? [1910.142(i)] ❏ Are measures taken to prevent infestation by animal or insect pests? [1910.142(j)] ❏ Are first-aid facilities available? [1910.142(k)] ❏ Are communicable diseases reported? [1910.142(l)]
Safety Color Code for Marking Physical Hazards ❏ Is red the color used for the identification of fire-protection equipment and apparatus? [1910.144(a)(1)(i)] ❏ Is red used for emergency “stop” bars, buttons, and electrical switches? [1910.144(a)(1)(iii)] ❏ Is yellow the color used for designating caution and marking physical hazards? [1910.144(a)(3)] Specifications for Accident-Prevention Signs and Tags ❏ Are signs warning of specific dangers and radiation hazards all of the same design? [1910.145(c)(1)(i)] ❏ Are caution signs used only to warn against potential hazards or unsafe practices? [1910.145(c)(2)(i)] ❏ Are safety instruction signs used when needed? [1910.145(c)(3)]
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Permit-Required Confined Spaces
29 CFR 1910.146 ❏ Has the workplace been evaluated to determine if any spaces are permit-required confined spaces? [1910.146(c)(1)] ❏ If the workplace does contain permit spaces, are employees informed via signs or other means of where the spaces are located, and of the hazard they pose? [1910.146(c)(2)] ❏ If employees are allowed to enter permit spaces, is a written permit space program developed and implemented? [1910.146(c)(4)] ❏ Is the program available for inspection by employees and their authorized representatives? ❏ Have you consulted with affected employees and their authorized representatives about the development and implementation of your permit space program and provided them with information that is developed by the program? [1910.146(l)]
Atmosphere ❏ Is the internal atmosphere tested for oxygen content, flammable gases and vapors, and potentially toxic air contaminants before the employee enters the space? [1910.146(c)(5)(ii)(C)] ❏ Has the employee (or the employee’s authorized representative) been given the opportunity to observe the pre-entry testing? [1910.146(c)(5)(ii)(C)] ❏ Are employees prohibited from entering the space whenever there is a hazardous atmosphere? [1910.146(c)(5)(ii)(D)] ❏ Is continuous forced air ventilation used to eliminate and control a hazardous atmosphere? [1910.146(c)(5)(ii)(E)] ❏ Is the atmosphere within the space periodically tested to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere? [1910.146(c)(5)(ii)(F)] ❏ Has the employee (or the employee’s authorized representative) been given the opportunity to observe the periodic testing? [1910.146(c)(5)(ii)(F)] ❏ Do employees leave the space immediately if a hazardous atmosphere is detected during entry? [1910.146(c)(5)(ii)(G)(1)] ❏ Have you prepared a written certification that pre-entry measures required by the regulations have been taken and the space is safe for the entry, and does the certification include the signature of the person providing the certification, the date, and the location of the space, and is it made available to each employee entering the space? [1910.146(c)(5)(ii)(H)] ❏ Have you documented the basis for determining that all hazards in a permit space have been eliminated and made this information available to employees entering the space? [(c)(7)(iii)] Contractors ❏ If contractors are performing work involving a permit space entry, are they informed of the existence of the space and of the need to comply with a permit space program? [1910.146(c)(8)(i)] ❏ Are contractors informed of any identified hazards and existing experience with the space? [1910.146(c)(8)(ii)] ❏ Are the contractors informed of any safety measures that have been implemented for employees working in or around the space? [1910.146(c)(8)(iii)]
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Entrance Covers If an employee is to enter a permit space under the guidelines set forth in the standard, any conditions that make it unsafe to remove the entrance cover eliminated before the cover is removed? [1910.146(c)(5)(ii)(A)] ❏ When the cover is removed, is the opening promptly guarded by a railing, temporary cover, or other temporary barrier? [1910.146(c)(5)(ii)(B)] Permit-Required Confined Space Program Are the necessary measures implemented to prevent unauthorized entry? [1910.146(d)(1)] ❏ Are the hazards of permit spaces identified and evaluated before employees enter them? [1910.146(d)(2)] ❏ Are procedures and practices developed to ensure safe permit space entry operations? [1910.146(d)(3)] ❏ Have you provided each authorized entrant with the opportunity to observe any monitoring or testing of permit spaces? [1910.146(d)(3)(ii)] ❏ Is the required equipment provided and maintained? [1910.146(d)(4)] ❏ Do employees use it properly? [1910.146(d)(4)] ❏ Are permit space conditions evaluated according to the standard whenever entry operations are conducted? [1910.146(d)(5)] ❏ Have you given employees the opportunity to observe all monitoring and testing of the space (pre-entry and subsequent)? [1910.146(d)(3)(ii), (5)(iv)] ❏ Do you re-evaluate a permit space upon request by an employee (or authorized representative) who believes the evaluation of the space might not be adequate? [1910.146(d)(5)(v)] ❏ Do you give the employee the opportunity to be present during the re-evaluation of the space and provide the employee with the results of testing? [1910.146(d)(5)(v), (vi)] ❏ Is at least one attendant placed outside of a permit space for as long as entry operations take place? [1910.146(d)(6)] ❏ Are rescue and emergency services developed and implemented? [1910.146(d)(9)] ❏ Is the permit space program reviewed and revised as necessary within one year after each entry? [1910.146(d)(14)] Permit System ❏ Before an entry is authorized, is an entry permit prepared? [1910.146(e)(1)] ❏ Does the entry supervisor identified on the permit sign it before entry begins? [1910.146(e)(2)] ❏ Is the completed entry permit posted at the entry portal? [1910.146(e)(3)] ❏ Does the duration of the permit exceed the time needed to do the job listed on the permit? [1910.146(e)(4)] ❏ Does the entry supervisor terminate entry when a prohibited condition arises in the permit space? [1910.146(e)(5)] ❏ Are cancelled entry permits kept for at least one year? [1910.146(e)(6)]
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Entry Permit Do entry permits contain the following information: ❏ Identification of permit space? [1910.146(f)(1)] ❏ Purpose of entry? [1910.146(f)(2)] ❏ Date and authorized duration of permit? [1910.146(f)(3)] ❏ Names of authorized entrants? [1910.146(f)(4)] ❏ Names of attendants? [1910.146(f)(5)] ❏ Name of entry supervisor? [1910.146(f)(6)] ❏ Hazards in the permit space? [1910.146(f)(7)] ❏ Measures used to isolate permit space? [1910.146(f)(8)] ❏ Means used to reduce hazards in permit space before entry? [1910.146(f)(8)] ❏ Acceptable entry conditions? [1910.146(f)(9)] ❏ Results of tests? [1910.146(f)(10)] ❏ Available rescue and emergency services? [1910.146(f)(11)] ❏ Communications procedures used between authorized entrants and attendants? [1910.146(f)(12)] ❏ Equipment that must be provided: [1910.146(f)(13)] ❏ PPE? ❏ Resting equipment? ❏ Communications equipment? ❏ Alarm systems? ❏ Rescue equipment? ❏ Special information peculiar to a specific permit space that is necessary to ensure entrant safety? ❏ Additional permits (e.g., for hot work) that have been issued? Rescue and Emergency Services ❏ Have you evaluated your designated rescue and emergency service to make sure that it can respond to a rescue summons in a timely manner, perform rescue tasks proficiently, is properly equipped, and can reach victims within a time frame appropriate for the permit space hazards? [1910.146(k)(1)(i), (ii), (iii)] ❏ Do you inform each rescue team of the hazards they may confront when called on to perform rescue at the sight? [1910.146(k)(1)(iv)] ❏ Have you provided the rescue team with access to all permit spaces from which rescue may be necessary so that they can develop appropriate rescue plans and practice rescue operations? [1910.146(k)(1)(v)] ❏ When you designate your own employees to perform rescue and emergency services, have you provided them with required PPE (free of charge)? [1910.146(k)(2)(i)]
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❏ Have you made sure that each member of the rescue team has successfully completed training in required rescue duties? [1910.146(k)(2)(ii)] ❏ Have rescue team members been trained in basic first aid and CPR? [1910.146(k)(2)(iii)] ❏ Does each rescue service member practice making permit space rescues at least once every 12 months? [1910.146(k)(2)(iv)] ❏ Are all permit space entrants required to use a chest harness, body harness, or wristlets (if you can demonstrate that they are a safe alternative or that a harness would create a greater hazard? [1910.146(k)(3)(i)]
Training ❏ Is appropriate training provided to employees ? [1910.146(g)(2)] ❏ Are employees trained before they are first assigned duties? [1910.146(g)(2)(i)] ❏ Are employees trained before their assigned duties are changed? [1910.146(g)(2)(ii)] ❏ Are employees trained whenever there is a change in permit space operations that presents a hazard about which they have not previously been trained? [1910.146(g)(2)(iii)] ❏ Are employees retrained as necessary? [1910.146(g)(2)(iv)] ❏ Is training documented? [1910.146(g)(4)] Duties of Authorized Entrants [1910.146(h)] Do authorized entrants: ❏ Know the hazards that may exist in the permit space? ❏ Use equipment properly? ❏ Communicate with the attendant as necessary? ❏ Inform the attendant when there is exposure to a dangerous or prohibited condition? ❏ Leave the permit space immediately if they are ordered to evacuate or if the evacuation alarm is sounded? Duties of Attendants [1910.146(i)] Do attendants: ❏ Know the hazards of the permit space? ❏ Know the effects of the hazards on entrants? ❏ Keep a continuous count of how many entrants are in a permit space at any given time? ❏ Remain outside the permit space when operations are under way? ❏ Communicate with entrants as necessary? ❏ Monitor activities inside the permit space to determine if it is becoming dangerous? ❏ Summon rescue and emergency services if needed? ❏ Prevent unauthorized persons from entering the permit space? ❏ Perform non-entry rescues?
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Duties of Entry Supervisors [1910.146(j)] Do entry supervisors: ❏ Know the hazards of the permit space? ❏ Check the accuracy of permits? ❏ Terminate an entry and cancel a permit if needed? ❏ Check on availability of rescue services? ❏ Remove unauthorized persons who enter a permit space? ❏ Determine that acceptable entry conditions are maintained? Control of Hazardous Energy (Lockout/Tagout)
❏ Has a program been established that covers energy-control procedures, employee training, and ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
periodic inspections? [1910.147(c)(1)] When employees are servicing machines, is an energy-control procedure used? [1910.147(c)(1)] If an energy-isolating device cannot be locked out, has a tagout system been used? [1910.147(c)(2)(i)] If tagout is used, does it provide the same level of protection as lockout? [1910.147(c)(3)(i)] Have locks, tags, chains, etc. been provided by the employer for isolating machines from energy sources? [1910.147(c)(5)(i)] Are inspections conducted at least annually to ensure that there is compliance with the standard? [1910.147(c)(6)(i)] Is training in the purpose and function of the energy-control program provided to employees? [1910.147(c)(7)(i)] Is lockout or tagout performed only by the authorized employees who are going to perform the servicing? [1910.147(c)(8)] Are affected employees notified before application and after removal of lockout/tagout devices? [1910.147(c)(9)] Before an authorized employee turns off a machine, is that person knowledgeable about its energy? [1910.147(d)(1)] Is a machine shut down using procedures established for that specific machine? [1910.147(d)(2)] Are lockout or tagout devices attached to energy-isolating devices by authorized employees? [1910.147(d)(4)(i)] After lockout/tagout has been accomplished, is stored or residual energy made safe? [1910.147(d)(5)(i)] Before work is begun on locked out/tagged out machinery, does the authorized employee verify that de-energization has been carried out? [1910.147(d)(6)] Are lockout/tagout devices removed by the same authorized employee who attached them? [1910.147(e)(3)]
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❏ Where the employees of outside employers (contractors) work on locked out/tagged out machinery, do the on-site employer and the contractor inform each other of their respective lockout/tagout procedures? [1910.147(f)(2)(i)] ❏ Are proper procedures observed when there are shift or personnel changes during lockout/tagout? [1910.147(f)(3)(ii)] Temporary Labor Camps Training
The following training is required by this section: First Aid. There must be facilities available for emergencies, and a trained person to administer first aid. 1910.142(k)(1) 1910.142(k)(2)
Training Recommended Employee training may cover: • Housekeeping • Waste disposal • Potable/nonpotable water • Food and beverage consumption and storage. • Supervisor training may cover: • Housekeeping • Waste disposal • Toilet, washing, and change facilities • Food and beverage rules • Shelter • Communicable disease reporting requirements Specifications for Accident-Prevention Signs and Tags Training
The following training is required by this section: Danger signs. Employees must be given instruction concerning danger signs. 1910.145(c)(1)(ii) Caution signs. Employees must be given instruction concerning caution signs. 1910.145(c)(2)(ii) Safety instruction signs. Safety instruction signs should be used where necessary. 1910.145(c)(3)
Training Recommended Employee training may cover: • Color code–what each color signifies • Different types of signs
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• • • •
Samples of signs Supervisor training may cover: What employees need to know about signs Dangers of having employees who are not knowledgeable about signs
Permit-Required Confined Spaces Training
The following training is required by this section: Employees regulated by this standard. Employees must provide training to employees affected by this section. 1910.146(g)(1) Circumstances that require training. Changes in employee’s duties or lack of knowledge on procedures necessitate training. 1910.146(g)(2) Proficiency must be established. Training must show that employee has become adept at his or her duties. 1910.146(g)(3) Written certification of completed training required. Employers must keep records of completed employee training. 1910.146(g)(4) Rescue and Emergency Services. Employees who enter confined spaces to perform rescue operations must be trained in the use of PPE and the requirements of paragraph (g) above. The must also perform practice rescues at least every 12 months and be trained in basic first-aid and CPR. 1910.146(k)(1)(i)-(iv)
Training Recommended Employee training may include: • Training for new or changed procedure • Training when employer suspects that proper procedures are not being followed • Training when employee’s knowledge may not be sufficient • Supervisor training may cover: • Verification that permit space is safe to enter • Prevention of unauthorized persons from entering permit spaces • Communications system between authorized entrants and attendant • Emergency retrieval of entrants from permit spaces • Local fire and emergency rescue services
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Control of Hazardous Energy (Lockout/Tagout) Training
The following training is required by this section: Basic lockout/tagout training. To communicate a basic awareness of the procedures and skills that employees are required to possess, including those employees who may work near the affected machines but not directly with them, the regulation lists these three requirements: 1910.147(c)(7)(i) Limitations of tags. Tagout systems are not completely foolproof, and employees must be instructed about their limitations. 1910.147(c)(7)(ii) Employee retraining. The regulation calls for periodic retraining of all affected employees and mandates retraining of affected employees when their responsibilities change. 1910.147(c)(7)(iii) Certification of training. Employers must certify that lockout/tagout training has been accomplished and updated when such training has taken place. 1910.147(c)(7)(iv)
Training Recommended Authorized employee training may cover: • Purpose of the standard • Type of hazard to be controlled • When the standard applies • Definitions of terms used • Equipment used for lockout/tagout: —Standardized appearance —Personal identification procedures Procedures: —Preparation for shutdown —Notification to affected employees —Shutdown —De-energizing —Placement of devices —Release of stored energy —Testing to verify effectiveness of energy control —Release from lockout/tagout • Procedures and rules for tagout systems • Shift and personnel changes • Group lockout/tagout
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• Inspection program • Communication and reporting of problems. Affected employee training may cover: • Introduction to procedures outlined above for authorized employees • Prohibition against energizing any machine or piece of equipment that is locked or tagged out. • In addition to the training above, supervisor training may include: • Employee training • Retraining • Outside personnel (contractors) requirements
Subpart K – Medical and First Aid Medical and First Aid
❏ Do you have a working relationship with medical personnel regarding plant health? [1910.151(a)] ❏ Is first-aid attention readily available in the workplace? [1910.151(b)] ❏ Are first-aid supplies readily available in the workplace? [1910.151(b)] ❏ Are eyewashes and emergency showers available in areas where employees work with corrosive materials? [1910.151(c)] Training
General medical requirement. This requires the availability of medical personnel. 1910.151(a) First-aid training. When medical personnel are not readily available, first-aid training is required. 1910.151(b)
Training Recommended Because of the general training requirement above, all recommended training may be considered to be required. Basic employee training may cover: • What to do when an injury occurs • Drenching and flushing procedures • Supervisor training may cover: • Injury and first aid procedures • Reporting requirements
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Subpart L – Fire Protection Sections 1910.155 to 1910.165 Appendices A through E This section covers fire brigades, portable and fixed fire suppression equipment, fire detection systems, and fire or employee alarm systems. Fire Protection Compliance
Portable Fire Extinguishers 29 CFR 1910.157 Placement ❏ Are all portable fire extinguishers in your facility mounted, located, and identified so that they are easily accessible to employees without requiring a ladder, special tools, etc., to reach them and remove them from their mountings? [1910.157(c)(1)] ❏ Are extinguishers mounted so that they are accessible without subjecting employees to possible injury? [1910.157(c)(1)] ❏ Are all extinguishers maintained in a fully charged and operable condition at all times? [1910.157(c)(4)] ❏ Are extinguishers always kept in their designated places except when they are being used? [1910.157(c)(4)] Fire Classes ❏ Are extinguishers provided for employee use selected and distributed around your facility on the basis of the classes of workplace fires that may occur most often in each work area? [1910.157(d)(1)] ❏ Are extinguishers selected and distributed according to the degree of hazard that would affect their use? [1910.157(d)(1)] ❏ Are extinguishers for use on Class A fires located so that travel distance for employees to any extinguisher is 75 feet or less? [1910.157(d)(2)] ❏ Are extinguishers for use on Class B fires located so that travel distance for employees to any extinguisher is 50 feet or less? [1910.157(d)(4)] ❏ Are extinguishers for use on Class C fires located on the basis of the appropriate pattern for the existing Class A or Class B hazards? [1910.157(d)(5)] ❏ Are extinguishers for use on Class D fires available in work areas where combustible metal powders, flakes, shavings, or similarly sized products are generated at least once every two weeks? [1910.157(d)(6)] ❏ Are extinguishers for use on Class D fires located so that the travel distance from the combustible metal work area to any extinguisher is 75 feet or less? [1910.157(d)(6)] Inspection and Maintenance ❏ Are all extinguishers in your facility visually inspected on a monthly basis? [1910.157(e)(2)] ❏ Are all extinguishers given an annual maintenance check? [1910.157(e)(3)]
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❏ Has annual maintenance been documented, and is the record kept in your files? [1910.157(e)(3)] ❏ Are stored pressure dry chemical extinguishers that require a 12-year hydrostatic test emptied and subjected to applicable maintenance procedures every 6 years? [1910.157(e)(4)] ❏ Has alternate equivalent protection been provided whenever portable fire extinguishers are removed from service for maintenance? [1910.157(e)(5)]
Testing ❏ Have you made sure that hydrostatic testing on your extinguishers is performed by trained personnel with suitable testing equipment and facilities? [1910.157(f)(1)] Have extinguishers been excluded from testing when: ❏ The unit has been repaired by soldering, welding, brazing, or using patching compounds? [1910.157(f)(2)(i)] ❏ The cylinder or shell threads are damaged? [1910.157(f)(2)(ii)] ❏ There is corrosion that has caused pitting, including corrosion under removable name plate assemblies? [1910.157(f)(2)(iii)] ❏ The extinguisher has been burned in a fire? [1910.157(f)(2)(iv)] ❏ A calcium chloride extinguishing agent has been used in a stainless steel shell? [1910.157(f)(2)(v)] ❏ Has an internal examination of extinguisher cylinders and shells been made prior to hydrostatic testing? [1910.157(f)(3)] Are extinguishers hydrostatically tested according to the following schedule [1910.157 Table L-1]: ❏ Stored pressure water and/or antifreeze, foam, aqueous film forming foam (AFFF), carbon dioxide (CO2), and dry chemical with a stainless steel shell must be tested every 5 years. ❏ Dry chemical, stored pressure; dry chemical, cartridge or cylinder operated; halon 1211, halon 1301 must be tested every 12 years. ❏ Are extinguishers hydrostatically tested (in addition to routine tests) whenever they show evidence of corrosion or mechanical injury? [1910.157(f)(4)] ❏ Have hydrostatic tests been performed on all extinguisher hose assemblies that are equipped with a shutoff nozzle at the discharge end of the hose? [1910.157(f)(5)-(9)] ❏ Have all extinguisher shells, cylinders, or cartridges that failed hydrostatic testing (or were not fit for testing) been removed from service? [1910.157(f)(14)] Have you maintained a record of hydrostatic testing performed on your portable fire extinguishers, including the following information: ❏ Date of test? [1910.157(f)(16)] ❏ Signature of person who performed test? [1910.157(f)(16)] ❏ Serial number of extinguisher? [1910.157(f)(16)]
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Training ❏ Have all employees who are expected to use fire extinguishers in an emergency been trained in the principles of extinguisher use and the hazards involved? [1910.157(g)(1)] ❏ Are employees trained when initially hired and then at least annually thereafter? [1910.157(g)(2)] ❏ Have all employees specifically designated as emergency responders in your emergency action plan (fire brigades, for example) been trained to use appropriate fire-fighting equipment? [1910.157(g)(3)] ❏ Do these specially designated employees receive training when they are initially assigned their special duties and at least annually thereafter? [1910.157(g)(4)] Alarm Systems 29 CFR 1910.165 ❏ Does the employee alarm system provide ample warning or reaction time? [1910.165(b)(1)] ❏ Can the employee alarm be easily perceived above ambient noise or lightlevels? [1910.165(b)(2)] ❏ Is the employee alarm distinctive and immediately recognizable? [1910.165(b)(3)] ❏ Have employees been told how to report emergencies? [1910.165(b)(3)] ❏ Are emergency telephone numbers posted near telephones, employee bulletin boards, and other conspicuous locations? [1910.165(b)(4)] ❏ Are all employee alarm systems maintained in operating condition except when undergoing repairs or maintenance? [1910.165(d)(1)] Training
Organizational statement. This paragraph requires employers who have fire brigades or similar organizations to have a policy, and that the policy set forth the training program. 1910.156(b)(1) Training and education. The requirements for training are more detailed than most OSHA training requirements. (1) The employer shall provide training and education for all fire brigade members commensurate with those duties and functions that fire brigade members are expected to perform. Such training and education shall be provided to fire brigade members before they perform fire brigade emergency activities. Fire brigade leaders and training instructors shall be provided with training and education which is more comprehensive than that provided to the general membership of the fire brigade. (2) The employer shall assure that training and education is conducted frequently enough to assure that each member of the fire brigade is able to perform the member’s assigned duties and functions satisfactorily and in a safe manner so as not to endanger fire brigade members or other employees. All fire brigade members shall be provided with training at least annually. In addition, fire brigade members who are expected to perform interior structural fire fighting shall be provided with an education session or training at least quarterly.
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(3) The quality of the training and education program for fire brigade members shall be similar to those conducted by such fire training schools as the Maryland Fire and Rescue Institute; Iowa Fire Service Extension; West Virginia Fire Service Extension; Georgia Fire Academy, New York State Department, Fire Prevention and Control; Louisiana State University Firemen Training Program, or Washington State’s Fire Service Training Commission for Vocational Education. (For example, for the oil refinery industry, with its unique hazards, the training and education program for those fire brigade members shall be similar to those conducted by Texas A & M University, Lamar University, Reno Fire School, or the Delaware State Fire School.) (4) The employer shall inform fire brigade members about special hazards such as storage and use of flammable liquids and gases, toxic chemicals, radioactive sources, and water reactive substances, to which they may be exposed during fire and other emergencies. The fire brigade members shall also be advised of any changes that occur in relation to the special hazards. The employer shall develop and make available for inspection by fire brigade members, written procedures that describe the actions to be taken in situations involving the special hazards and shall include these in the training and education program. 1910.156(c)(1-4) • Substitutes for portable fire extinguishers. Such systems may be used as long as employees are trained in their use. 1910.157(d)(3) • Hydrostatic testing. Such testing must be performed by trained personnel. 1910.157(f)(1) • Portable fire extinguishers. Employees must be trained in the use of any portable fire extinguishers provided. 1910.157(g)(1-4) • Standpipe and hose systems maintenance. Inspections of such systems must be performed by trained personnel. 1910.158(e)(2)(vi) • Fixed extinguishing systems. Employers must train designated employees in the maintenance and operation of these systems. 1910.160(b)(10) • Maintenance of fire detection systems. Such systems must be maintained and tested by trained personnel. 1910.164(c)(4) • Employee alarm systems training. All employees must be trained in the preferred means of emergency reporting. 1910.165(b)(4) • Employee alarm systems maintenance and testing. Employers must ensure that these systems are maintained and tested by trained personnel. 1910.165(d)(5)
Training Recommended Basic employee training may cover: • Complete fire brigade training, if appropriate • Portable fire extinguisher use • Standpipe or hose station systems, if used • Fixed system operation and alarms • Employee alarm systems • Supervisor training may cover: • Duties during fire emergencies • Evacuation procedures • Notification procedures
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Subpart M – Compressed Gas and Compressed Air Equipment 29 CFR 1910.169 This subpart covers compressed air receivers. Compressed Gas/Air Equipment
Are compressed air receivers equipped with gages? ❏ Are receivers equipped with valves? [1910.169(b)(3)(i)] ❏ Are the valves tested regularly? [1910.169(b)(3)(iv)] Training
There is no required training for this subpart.
Training Recommended Basic employee training may cover: • Safety valves • Gages • Operation of compressed gas or air equipment • Drain and trap cleaning
Subpart N – Materials Handling and Storage Sections 1910.176 to 1910.190 Materials Handling and Storage
❏ ❏ ❏ ❏ ❏ ❏ ❏
Are areas where mechanical handling equipment is used kept clear? [1910.176(a)] Are permanent aisles and passageways appropriately marked? [1910.176(a)] Are materials properly secured when stored? [1910.176(b)] Are storage areas kept free from hazards? [1910.176(c)] Are signs warning of clearance limits posted? [1910.176(e)] Are derail and/or bumper blocks provided on spur railroad tracks? [1910.176(f)] Are all open tanks, pits, ditches, etc., guarded? [1910.176(g)]
Servicing Rim Wheels
❏ Are employees responsible for wheel servicing properly trained in the hazards and servicing procedures? [1910.177(c)] ❏ Are safe operating procedures established for servicing rim wheels? [1910.177(f)] Overhead and Gantry Cranes
❏ Are only designated personnel permitted to operate cranes? [1910.179(b)(8)] ❏ Is an inspection program followed which addresses initial, frequent, and periodic inspections? [1910.179(j)] ❏ Are new and altered cranes tested before use? [1910.179(k)(1)(i)]
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❏ Has a preventive maintenance program been instituted and followed? [1910.179(l)(1)] ❏ Are cranes used in accordance with their rated load and operation specifications? [1910.179(n)(1)] Crawler Locomotive and Truck Cranes
❏ Are only designated personnel permitted to operate cranes? [1910.180(b)(3)] ❏ Is an inspection program followed which addresses initial, frequent, and periodic inspections? [1910.180(d)] ❏ Are certification records maintained for inspections? [1910.180(d)(6)] Derricks
❏ Are derricks marked with proper load ratings? [1910.181(c)(1)] ❏ Is an inspection program followed which addresses initial, frequent, and periodic inspections? [1910.181(d)] ❏ Are new and altered derricks tested before use? [1910.181(e)] ❏ Are only designated personnel permitted to operate derricks? [1910.181(h)] ❏ Are standard operating procedures followed for the loading, operation, and maintenance of the derricks? [1910.181(c), (f), (h)] Helicopters
❏ ❏ ❏ ❏
Is helicopter use in compliance with FAA regulations? Are briefings conducted prior to each day’s operation? [1910.183(b)] Are hardhats and eye protection devices provided and worn? [1910.183(e)(1)] Are personnel trained in the signal systems used in helicopter operations?[1910.183(n)]
Slings
❏ ❏ ❏ ❏
Are safe operating procedures listed by OSHA followed when using slings? [1910.184(c)] Are slings and related hardware inspected each day before use? [1910.184(d)] Are inspection records maintained? [1910.184(e)(3)(ii)] Are the proper slings used for the proper load? [1910.184(g)(6)]
Powered Industrial Trucks
Battery Charging ❏ Are areas specifically designated for battery-charging installation? [1910.178(g)(2)] ❏ Are facilities provided for flushing and neutralizing spilled electrolyte? [1910.178(g)(2)] ❏ Are battery-charging areas properly ventilated? [1910.178(g)(3)] ❏ Is approved material-handling equipment provided for handling batteries? [1910.178(g)(4)] ❏ Is a carboy tilter or siphon provided for handling electrolyte? [1910.178(g)(6)] ❏ When charging batteries, is acid poured into water rather than water into acid? [1910.178(g)(7)]
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❏ ❏ ❏ ❏
Are brakes applied before changing or charging truck batteries? [1910.178(g)(8)] Are vent caps functioning and battery covers open? [1910.178(g)(9)] Is smoking prohibited in the charging area?[1910.178(g)(10)] Are precautions taken to prevent open flame, sparks, etc., in the charging areas? [1910.178(g)(11)]
Fueling ❏ Are operators prohibited from fueling a tank while the engine is running? [1910.178(p)(2)] ❏ Is care taken to avoid or deal properly with spillage? [1910.178(p)(2)(3)] ❏ Are operators prohibited from using an open flame to check fuel levels? [1910.178(p)(5)] ❏ Does storage and handling of fuels comply with the appropriate NFPA Code? [1910.178(f)(1)(2)] General Requirements ❏ Do all new powered industrial trucks meet the America National Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969? [1910.178(A)(2)] ❏ Do all approved trucks carry a label or other identification indicating approval by the testing laboratory? [1910.178(a)(3)] ❏ Was written approval received from the manufacturer before any changes were made that could affect capacity or safety? [1910.178(a)(4)] ❏ Is the operator responsible for maintaining all nameplates and markings in place and in legible condition? [1910.178(a)(4)] Material Handling ❏ On an elevated dock, platform, or freight car, is a safe distance maintained from the edge of ramps or platforms? [1910.178(m)(5)(6)] ❏ Are brakes set and wheel blocks in place to prevent movement while loading or unloading? [1910.178(m)(7)] ❏ Do operators check flooring of trucks, trailers, and railroad cars before driving onto them? [1910.178(m)(7)] ❏ Do operators handle only those loads within the rated capacity of the truck? [1910.178(o)(2)] ❏ Is extreme care required of operators when tilting the load forward or backward, especially when high tiering? [1910.178(o)(6)] ❏ Is a load backrest extension used when necessary to prevent the load from falling or shifting to the rear? [1910.178(m)(10)] Operations ❏ Are operators instructed not to drive up to anyone standing in front of a fixed object? [1910.178(m)(1)] ❏ Are personnel prohibited from standing or passing under the elevated portion of a truck? [1910.178(m)(2)]
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❏ Are unauthorized personnel forbidden to ride on industrial trucks? [1910.178(m)(3)] ❏ When industrial trucks are left unattended, are forks lowered, controls neutralized, power shut off, and breaks set? [1910.178(m)(5)(i)] ❏ Are operators instructed in the definition of “unattended” in relation to powered industrial trucks? [1910.178(m)(5)(ii)(iii)] ❏ Are industrial trucks equipped with overhead guards to protect against falling objects? [1910.178(m)(9)] ❏ Are only approved industrial trucks used in hazardous locations? [1910.178(m)(11)]
Training ❏ Has your organization developed a training program for operators? [1910.178(l)(1)] ❏ Are only trained and authorized personnel permitted to operate forklifts? [1910.178(l)(1)] Servicing Multipiece and Single-Piece Rim Wheels Training
This section covers wheel servicing on large vehicles. It does not apply to automobiles, vans, and pickup trucks using automobile tires, or truck tires designated “LT.” The following training is required by this section: • Basic training program. This section calls for a full training program for all employees who service multipiece and single-piece rim wheels. 1910.177(c)(1-3) • Safe operating procedure–multipiece rim wheels. This paragraph requires establishment of a safe operating procedure and training in that procedure. 1910.177(f) • Safe operating procedure–single-piece rim wheels. This paragraph also requires establishment of a safe operating procedure and training in such procedure. 1910.177(g)
Training Recommended Basic employee training may cover: • Hazards of working with rim wheels • Demounting of tires • Inspection and identification of components • Mounting of tires • Restraining devices and barriers • Handling of rim wheels • Inflation of single rim when mounted on vehicle • Trajectory concerns • Installation and removal • Tire servicing equipment • Special procedures for multipiece rim wheels • Special procedures for single-piece rim wheels
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Supervisor training may cover: • Training requirements • Tire servicing equipment • Special requirement for those who may not understand written training materials • Training program Powered Industrial Trucks Training
This section covers powered trucks such as fork trucks, tractors, platform lift trucks, motorized hand trucks and other specialized industrial trucks powered by electric motors or internal combustion engines. The following training is required by this section: • Operator training. Employees must successfully complete a training program before operating a powered industrial truck. 1910.178(l)(1) • Training program implementation. There are specific rules for trainers, trainees, and program content. (i) Trainees may operate a powered industrial truck only: (A) Under the direct supervision of persons who have the knowledge, training, and experience to train operators and evaluate their competence; and (B) Where such operation does not endanger the trainee or other employees. (ii) Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator’s performance in the workplace. (iii) All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence. 1910.178(l)(2) • Training program content. Powered industrial truck operators shall be trained in specific topics. 1910.178(l)(3) • Refresher training. Refresher training and an evaluation of the effectiveness of that training must be provided when the employee operates the vehicle in an unsafe manner, has been involved in an accident or near-miss incident, is assigned to drive a different kind of truck, or there are changes in workplace conditions that could affect safe operations of the truck. An evaluation of each industrial truck operator’s performance shall be conducted at least every 3 years. 1910.178(l)(4) • Duplication of training. If an operator has been previously trained and has been evaluated and found competent to operate the truck safely, additional training is not required. 1910.178(l)(5) • Certification. The employer shall certify that each operator has been trained and evaluated. 1910.178(l)(6)
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Training Recommended The employee recommended training may be considered to be required. Employee training must cover: • Operating instructions, warnings, and precautions • Differences between the truck and the automobile • Truck controls and instrumentation • Engine or motor operation • Steering and maneuvering • Visibility (including restrictions due to loading) • Fork and attachment adaptation, operation, and use limitations • Vehicle capacity • Vehicle stability • Vehicle inspection and maintenance • Refueling and/or charging and recharging of batteries • Operating limitations • Any other operating instructions, warnings, or precautions listed in the operator’s manual • Surface conditions where the vehicle will be operated • Composition of loads to be carried and load stability • Load manipulation, stacking, and unstacking • Pedestrian traffic in areas where the vehicle will be operated • Narrow aisles and other restricted places where the vehicle will be operated • Hazardous (classified) locations where the vehicle will be operated • Ramps and other sloped surfaces that could affect the vehicle’s stability • Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a buildup of carbon monoxide or diesel exhaust • Unique or potentially hazardous environmental conditions in the workplace that could affect safe operation. Supervisor training may cover: • Training program • Recordkeeping • Maintenance schedules • Attention to clearances, load restrictions, other safety factors
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Subpart O – Machinery and Machine Guarding Sections 1910.211 to 1910.222 This subpart covers machine guarding, woodworking machines, abrasive wheel machinery, mills and calenders in the rubber and plastics industries, mechanical power presses, forging machines, and mechanical power-transmission apparatus. Machinery and Machine Guarding
General Requirements for All Machines ❏ Do you provide one or more methods of machine safeguarding to protect machine operators and other employees in the machine area from hazards? [1910.212(a)(1)] ❏ Are guards affixed to the machine where possible and secured elsewhere if for any reason attachment to the machine is not possible? [1910.212(a)(2)] ❏ Do you make sure that guards do not themselves create hazards for employees? [1910.212(a)(2)] ❏ Is the point of operation guarded on machines whose operation exposes employees to injury? [1910.212(a)(3)(ii)] ❏ Are point-of-operation guards designed and constructed to prevent any part of an operator’s body from entering the danger zone during the operating cycle? [1910.212(a)(3)(ii)] ❏ Do you provide special hand tools for placing and removing materials so that operators do not have to place their hands in the danger zone? [1910.212(a)(3)(iii)] ❏ Are these tools provided to supplement protection, not used in place of required safeguards? [1910.212(a)(3)(iii)] ❏ Are the following machines equipped with point-of-operation guards: —Guillotine cutters? [1910.212(a)(3)(iv)(a)] —Shears? [1910.212(a)(3)(iv)(b)] —Alligator shears? [1910.212(a)(3)(iv)(c)] —Power presses? [1910.212(a)(3)(iv)(d)] —Milling machines? [1910.212(a)(3)(iv)(e)] —Power saws? [1910.212(a)(3)(iv)(f)] —Jointers? [1910.212(a)(3)(iv)(g)] —Hand and portable power tools? [1910.212(a)(3)(iv)(h)] —Forming rolls and calenders? [1910.212(a)(3)(iv)(i)] ❏ Are barrels, drums, and containers guarded by an enclosure that is interlocked with the drive mechanism so that the barrel, drum, or container cannot revolve unless the enclosure is in place? [1910.212(a)(4)] ❏ When the edges of the blades of a fan are less than 7 feet above the floor or working level, are the blades guarded by a guard with openings no larger than one-half inch? [1910.212(a)(5)]
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❏ Are machines designed for a fixed location securely anchored to prevent walking or moving? [1910.212(b)] ❏ Guarding Requirements for Other Specific Types of Machinery [29 CFR 1910.213-219 and 1910.241-244] Are you in compliance with the safeguarding regulations for the following specific types of machinery: ❏ Woodworking machinery (Section 1910.213)? ❏ Abrasive wheel machinery (Section 1910.215)? ❏ Mills and calenders (Section 1910.216)? ❏ Mechanical power presses (Section 1910.217)? ❏ Forging machines (Section 1910.218)? ❏ Portable power tools (Sections 1910.241-244)? Training
The following training is required by this section: • Maintenance of woodworking machinery. A person of proven skill must do this work. 1910.213(s)(5) • Training of maintenance personnel for power presses. Maintenance personnel must be trained. 1910.217(e)(3) • Instruction to operators of power presses. Operators must be trained before starting work and adequate supervision must be maintained. 1910.217(f)(2) • Training for operators of machines with presence sensing device initiation. Operator training is required initially and annually for such machines. 1910.217(h)(13) • Training for maintenance personnel of forging machines. The employer is responsible for: Training personnel for the proper inspection and maintenance of forging machinery and equipment. 1910.218(a)(2)(iii)
Training Recommended Basic employee training may cover: • Hazards of specific machinery • Guards and safety systems • Inspection requirements • Adjustment and maintenance responsibility • Personal protection requirements • Operating instructions • Presence sensing device initiation operation and safeguards • Limitations and restrictions • Start-up and shutdown procedures • Additional systems, (e.g., feeding belts, exhaust fans, etc.)
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Supervisor training may cover: • Training responsibilities • Supervisory responsibilities • Knowledge of maintenance and adjustment and who is responsible for it.
Subpart P – Hand and Portable Powered Tools and Other Hand-Held Equipment Portable Tools and Hand-Held Equipment
General ❏ Are all tools maintained in safe condition? [1910.242(a)] ❏ Is compressed air less than 30 psi used for cleaning? [1910.242(b)] ❏ Is personal protective equipment and chip guarding provided when cleaning with compressed air? [1910.242(b)] Powered Tools ❏ Where required, are proper guards in place? [1910.243(a)(1)(i)] ❏ Are inspection, maintenance, and operating procedures established and followed? [1910.243(d)(4)(xiv)] Lawnmowers ❏ Are required markings present on the mower? [1910.243(e)(1)(i)] Other Tools ❏ Is the proper jack for the load being used? [1910.244(a)(1)(i)] ❏ Are standard operating procedures for operation and maintenance established and followed? [1910.244(a)(2)] ❏ Are jacks inspected at least every six months? [1910.244(a)(2)(vi)] Training
There is no required training for this subpart.
Training Recommended Basic employee training may cover: • Appropriate uses of a tool • Operating limitations of a tool • Inspections • Adjustments and maintenance • Changing heads, bits, blades, etc. • Safety features • Operation techniques
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• Care and cleaning • Other safety measures (personal protection, etc.) Supervisor training may cover: • Potential problems • Training outlines
Subpart Q – Welding, Cutting, and Brazing Welding, Cutting, and Brazing
General ❏ Are personnel in charge of equipment and systems trained in proper operation and maintenance? [1910.252(a)(2)(xiii)(C)] ❏ Are supervisors responsible for the safe handling of the cutting or welding equipment and the safe use of the cutting or welding process. [1910.252(a)(2)(xiv)(A)] Arc Welding ❏ Is welding equipment properly installed? [1910.254(c)] ❏ Are welding operators trained? [1910.254(a)(3)] ❏ Are proper operation and maintenance procedures followed? [1910.254(d)] Resistance Welding ❏ Is welding equipment properly installed? [1910.255(a)(1)] ❏ Are welding operators trained? [1910.255(a)(3)] ❏ Are periodic inspection and maintenance procedures followed? [910.255(e)] Fire Protection ❏ Have basic precautions and procedures been followed? [1910.252(a)] ❏ If the object to be welded or cut cannot readily be moved, are all movable fire hazards in the vicinity taken to a safe place? [1910.252(a)(1)(i)] ❏ Are welding and cutting activities conducted only in permitted areas? [1910.252(a)(1)(iii)] ❏ Is a management program in place that addresses safe welding and cutting activities? [1910.252(a)(2)(xiii)] Personnel Protection ❏ Is proper eye protection provided and used? [1910.252(b)(2] ❏ Is proper protective clothing provided and used? [1910.252(b)(3)] ❏ Are procedures for welding and cutting in confined spaces established and followed? [1910.(b)(4)]
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Health Protection ❏ Are steps taken to protect employees from exposure to hazardous air contaminants? [1910.252(c)] ❏ Are all hazardous materials properly labeled? [1910.252(c)(1)(iv)] Training
The following training is required by this section: • Fire watch. Fire watchers shall be trained in the use of fire extinguishing equipment. 1910.252(a)(2)(iii)(B) Fire watchers shall have fire extinguishing equipment readily available and be trained in its use. They shall be familiar with facilities for sounding an alarm in the event of a fire. They shall watch for fires in all exposed areas, try to extinguish them only when obviously within the capacity of the equipment available, or otherwise sound the alarm. A fire watch shall be maintained for at least a half hour after completion of welding or cutting operations to detect and extinguish possible smoldering fires. • Management. Management must insist that cutters, welders, and their supervisors are suitably trained. 1910.252(a)(2)(xiii)(c)
Oxygen—Fuel Gas Welding and Cutting • Personnel. Workers in charge of oxygen or fuel-gas supply equipment must be instructed and competent. 1910.253(a)(4) Arc Welding and Cutting • Instruction. Workers who operate arc welding equipment must be instructed and qualified. 1910.254(a)(3) • Operation and maintenance—general. Workers who operate arc welding equipment should know the requirements of this section. 1910.254(d)(1) • Maintenance. Operators should report equipment defects and safety hazards. 1910.254(d)(9)(i) Resistance Welding • Installation. Installations should be made by qualified electricians. 1910.255(a)(1) • Personnel. Workers operating resistance welding equipment must be instructed and competent. 1910.255(a)(3) • Maintenance. Inspections must be made by qualified personnel. 1910.255(e) Training Recommended Basic employee training may cover: • General operator training—this is usually a separate and detailed course • Inspection of equipment • Maintenance of equipment • Personal protective equipment • Safe operating procedures
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• Environmental issues—i.e., ventilation, fire hazard, confined space • Fire control measures Supervisor training may cover: • Procedures and protective equipment • Maintenance and inspection requirements • Required training for operators
Subpart R – Special Industries Pulp, Paper, and Paperboard Mills
Are you in compliance with the following ANSI standards: ❏ Practice for Industrial Lighting, A11.1 – 1965 (R-1970)? [1910.261(a)(3)(i)] ❏ Safety Code for Elevators, Dumbwaiters, and Moving Walks, A17.1 – 1965, including Supplements A17.1a – 1967, A17.1b – 1968, A17.1c – 1969, and A17.1d – 1970? [1910.261(a)(3)(iii)] ❏ Practice for the Inspection of Elevators (Inspector’s Manual), A17.2 – 1960, including Supplements A17.2a – 1965 and A17.2b – 1967? [1910.261(a)(3)(iv)] ❏ Safety Code for Conveyors, Cableways, and Related Equipment, B20.1 – 1957? [1910.261(a)(3)(v)] ❏ Power Piping, B31.1.0 – 1967 and addenda B31.10a – 1969? Fuel Gas Piping, B31.2 – 1968? [1910.261(a)(3)(vi)] ❏ Identification of Gas-Mask Canisters, K13.1 – 1967? [1910.261(a)(3)(vii)] ❏ Prevention of Sulfur Fires and Explosions, Z12.12 – 1968? [1910.261(a)(3)(viii)] ❏ Installation of Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying, Z33.1 – 1961? [1910.261(a)(3)(ix)] Are you in compliance with the following standards: ❏ ASME Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure Vessels, including addenda 1969? [1910.261(a)(4)(i)] ❏ Building Exits Code for Life Safety from Fire, NFPA 101 – 1970? [1910.261(a)(4)(ii)] ❏ Safety in the Handling and Use of Explosives, IME Pamphlet No. 17, July 1960, Institute of Makers of Explosives? [1910.261(a)(4)(iii)] Textiles
❏ Is mechanical power-transmission equipment guarded in compliance with 1910.219? ❏ Are aisles and work spaces in good order and in compliance with 1910.141? Bakery Equipment
❏ Are sprockets and V-belt drives enclosed where required? [1910.263(c)(3)] ❏ Are safety devices on ovens inspected as required? [1910.263(l)(9)(ii)] Laundry Machinery and Operations
❏ Are steam pipes insulated where required? [1910.264(c)(4)(iii)(a)] ❏ Are employees properly instructed as to the hazards of their work and in safe practices, by bulletins, printed rules, and verbal instructions. [1910.264(d)(1)(v)]
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Sawmills
❏ Is mechanical power-transmission apparatus in compliance with 1910.219? ❏ Are conveyors in compliance with ANSI standards? [1910.265 (various] Logging Operations
❏ Is all personal protective equipment maintained in a serviceable condition? [1910.266(d)(1)(i)] ❏ Is all personal protective equipment inspected before initial use during each workshift? [1910.266(d)(1)(ii)] Have first-aid kits been provided at: [1910.266(d)(2)(i)] ❏ Each worksite where felling is being conducted? ❏ At each landing? ❏ On each employee transport vehicle? ❏ Has seat belt been provided for each vehicle or machine operator? [1910.266(d)(3)] ❏ Have fire extinguishers been provided in accordance with Subpart L of 1910? [1910.266(d)(4)] ❏ Is logging near overhead electric lines done in accordance with 1910.333(c)(3)? [1910.266(d)(8)(i)] ❏ Are hand and portable power tools maintained in a serviceable condition? [1910.266(e)(1)(i)] ❏ Is tree harvesting in compliance? [1910.266(h)] Telecommunications
❏ Are first aid supplies accessible? [1910.268(b)(3)] ❏ Is training in precautions and safe practices provided to employees? [1910.268(c)] Electric Power Generation, Transmission, and Distribution
❏ Are employees trained in and familiar with the safety-related work practices, requirements, ❏ ❏ ❏ ❏
and energizing procedures of their respective jobs? [1910.269(a)(2)] Are lockout/tagout procedures in compliance with 1910.147? [1910.269(d)] Are entries into enclosed spaces conducted in accordance with 1910.146? [1910.269(e)] Do only qualified employees work on or with exposed energized lines or parts of equipment? [1910.269(l)(1)] Are medical services and first aid provided as required in 1910.151? [1910.269(b)]
Grain-Handling Facilities
❏ Do you provide training to employees at least annually and when changes in job assignment will expose them to new hazards? [1910.272(e)(1)] ❏ Are employees allowed to enter bins, silos, or tanks only after permits have been issued? [1910.272(g)(1)(i)] ❏ Is there a written housekeeping program for reducing fugitive grain dust? [1910.272(j)(1)] Pulp, Paper, and Paperboard Mills Training
• Gas masks. Workers who may be exposed to chlorine (in bleaching operations) must be trained in the use of gas masks. 1910.261(h)(3)(ii)
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Training Recommended This section is very broad in its coverage. Training must be provided on each piece of equipment that employees will use, as well as on general safety practices. The following training is recommended: Basic employee training may cover: • Personal protective equipment • Special hazards of pulp operations • Operation of machinery Supervisor training may cover: • Training programs • Special hazards Textiles Training
There is no required training in this section. Bakery Equipment Training
• Oven safety devices. These devices must be inspected by a properly instructed employee and by manufacturers representatives. 1910.263(l)(9)(ii)
Training Recommended Basic employee training may cover: • Special hazards of bakery operations • Operations for equipment such as flour handling, mixers, dividers, moulding, dough brakes, slicers, etc. • Ovens • Inspections and maintenance Supervisor training may cover: • Training program • Special hazards for employees Laundry Machinery and Operations Training
• Handling soiled clothes. This paragraph requires markers and others handling soiled clothes •
to exercise care. 1910.264(d)(1)(iii) Instruction about hazards of work. This general training requirement requires instruction on hazards and safe practices. 1910.264(d)(1)(v)
Training Recommended Basic employee training may cover: • Hazards of laundry operations • Doors, loading, unloading • Steam pipes and pressure safety devices
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• • • • •
Hazards and safe operating procedures for specific pieces of equipment Safety guards and other safety features of equipment Soiled clothes handling procedures Chemical hazards Personal protective equipment Supervisor training may cover: • Hazards • Special training requirements Sawmills Training
• Lift trucks. This paragraph refers to 1910.178. •
1910.265(c)(30)(x) Work by qualified persons. This paragraph requires that qualified persons be involved in inspecting, testing, and repair of ropes, cables, slings, and chains. 1910.265(c)(24)(iii)
Training Recommended Basic employee training may cover: • Special hazards of sawmills • Protective equipment • Conveyers, chains • Dust collection and refuse removal • Chippers and hogs • Lumber moving, piling, storage • Log breakdown operations • Kiln operations, hazards, and protective equipment • Specific equipment to be operated Supervisor training may cover: • Hazards of sawmill operation • First aid • Training programs Logging Operations Training
• Persons to whom this section applies. Training is required for all employees including super• •
visors. 1910.266(i)(1) Frequency of training. Training must be provided prior to the initial assignment for each new employee, whenever an employee is assigned new work tasks, tools, equipment, machines or vehicles, and whenever an employee demonstrates unsafe job performance. 1910.266(i)(2)(i-iv) Content of training. These paragraphs outline the content of the required training: —“Content.” At a minimum, training shall consist of the following elements:
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•
• • • • •
• Safe performance of assigned work tasks; • Safe use, operation and maintenance of tools, machines and vehicles the employee uses or operates, including emphasis on understanding and following the manufacturer’s operating and maintenance instructions, warnings and precautions; • Recognition of safety and health hazards associated with the employee’s specific work tasks, including the use of measures and work practices to prevent or control those hazards; • Recognition, prevention and control of other safety and health hazards in the logging industry; • Procedures, practices and requirements of the employer’s work site; and • The requirements of this standard. 1910.266(i)(3) Training of an employee due to unsafe job performance, or assignment of new work tasks, tools, equipment, machines, or vehicles; may be limited to those elements in paragraph (i)(3) of this section which are relevant to the circumstances giving rise to the need for training. 1910.266(i)(4) “Portability of training.” Each current employee who has received training in the particular elements specified in paragraph (i)(3) of this section shall not be required to be retrained in those elements. —Each new employee who has received training in the particular elements specified in paragraph (i)(3) of this section shall not be required to be retrained in those elements prior to initial assignment. —The employer shall train each current and new employee in those elements for which the employee has not received training. —The employer is responsible for ensuring that each current and new employee can properly and safely perform the work tasks and operate the tools, equipment, machines, and vehicles used in their job. 1910.266(i)(5) —Each new employee and each employee who is required to be trained as specified in paragraph (i)(2) of this section, shall work under the close supervision of a designated person until the employee demonstrates to the employer the ability to safely perform their new duties independently. 1910.266(i)(6) First-aid training. All employees including supervisors must receive first-aid and CPR training. 1910.266(i)(7) Designated person. A designated person must conduct all training. 1910.266(i)(8) Presentation of employee training. Training must be presented in a manner clearly understood by the employee. 1910.266(i)(9) Certification of training. Employers must prepare a written certification record of training. 1910.266(i)(10) Safety and health meetings. Safety and health meetings must be held as necessary and at least once a month for each employee. 1910.266(i)(11)
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Note: See Appendix B to 1910.266 for the minimal acceptable first-aid and CPR training program for employees engaged in logging activities.
Training Recommended Basic employee training may cover: • Personal protective equipment • Hand tools • Seat belts • Fire extinguishers • Work area rules • Signaling and signal equipment • Chain saw operations • Equipment operation procedures • Harvesting and felling • Chipping • Bucking and limbing • Skidding and prehauling • Loading and storage Supervisor training may cover: • Environmental conditions (weather, other hazards) • Signaling and signal equipment • Work area rules • Training requirements Telecommunications Training
The following training is required by this section. • Battery handling. This paragraph requires instruction in emergency procedures for employees assigned to work with storage batteries. 1910.268(b)(2)(i) • Support structures. Such structures must be inspected by a competent person. 1910.268(b)(6) • Training. This general training statement requires training in all the various safe practices and precautions in the section. —Employers shall provide training in the various precautions and safe practices described in this section and shall insure that employees do not engage in the activities to which this section applies until such employees have received proper training in the various precautions and safe practices required by this section. However, where the employer can demonstrate that an employee is already trained in the precautions and safe practices required by this section prior to his employment, training need not be provided to that employee in accordance with this section. Where training is required, it shall consist of on-the-job training or classroom-type training or a combination of both. The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the
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• • • • • •
person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification record shall be prepared at the completion of training and shall be maintained on file for the duration of the employee’s employment. The certification record shall be made available upon request to the Assistant Secretary for Occupational Safety and Health. Such training shall, where appropriate, include the following subjects: (1) Recognition and avoidance of dangers relating to encounters with harmful substances and animal, insect, or plant life; (2) Procedures to be followed in emergency situations; and, (3) First-aid training, including instruction in artificial respiration. 1910.268(c) Personal climbing equipment. Two paragraphs require competent people to inspect. 1910.268(g)(3)(ii) and (iii) Ladders. Ladders must be inspected by a competent person. 1910.268(h)(1) Inspections of vehicle-mounted material handling devices and other mechanical equipment. A competent person must inspect such equipment. 1910.268(j)(1)(i) and (ii); 1910.268(j)(4)(iv)(f) Cable fault locating and testing. Employees must be instructed in safe practices. 1910.268(l)(1) Manhole worksites. A person trained in first aid must be immediately available. 1910.268(o)(1)(ii) and (o)(3) Tree-trimming/line clearing operations. Safety instruction is required for such employees. 1910.268(q)(1)(ii)(a); 1910.268(q)(1)(ii)(b) through (d); 1910.268(q)(2)(ii); 1910.268(q)(2)(iii) and (iv)
Training Recommended Basic employee training may cover: Communications Buildings • General working conditions • Handling batteries • Support structures inspections • Energized overhead power lines Worksites • Employee protection in public places • Tools and protective equipment • Rubber insulating equipment • Personal climbing equipment • Other tools and protective equipment • Vehicle mounted equipment • Cable testing • Grounding procedures • Overhead lines
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• Wooden pole work • Manhole work • Tree trimming Supervisor training may cover: • Inspection requirements • Special hazards • Training program and outline Electric Power Generation, Transmission, and Distribution Training
The following training is required by this section: • Initial training. Employees must be trained and familiar with the safety procedures and requirements of their jobs as well as emergency procedures necessary to their safety. 1910.269(a)(2)(ii) through (vii) • Cardiopulmonary resuscitation (CPR) and first-aid training. Persons trained in first aid and CPR must be available when employees are working on or associated with exposed lines or equipment energized at 50 volts or more. 1910.269(b)(1) • Hazardous energy control (lockout/tagout) procedures training. Employers must provide training in the energy control program. 1910.269(d)(2)(vi) (See Subpart J 1910.147(c)(7)–The Control of Hazardous Energy (Lockout/Tagout)–Training and Communication.) Grain-Handling Facilities Training
The following training is required by this section: • General. This paragraph requires instruction for all new employees and annual retraining for current employees. All employees must receive fresh instruction when changing job assignments. 1910.272(e)(1) • Entry into bins, silos, and tanks. Employees must be trained in wearing the appropriate protective equipment. The regulation also requires that a trained employee observe from outside any work in bins, silos, or tanks in order to prevent or respond to accidents. 1910.272(e)(2) and (5) • Contractors. Outside contractors performing grain handling work must be informed of the potential for fire and explosion in the work area. They must also be aware of any safety rules specific to the workplace. 1910.272(i)
Training Recommended Since fires and explosions are always a hazard worthy of consideration where large amounts of grain are present, employers are responsible for instructing employees in recognizing conditions under which these accidents are likely to occur. As stated in Appendix A to the section: 3. Training. It is important that employees be trained in the recognition and prevention of hazards associated with grain facilities, especially those hazards associated with their own work tasks. Employees should understand the factors which are necessary to produce a fire or explosion, i.e., fuel (such as grain dust), oxygen, ignition source, and (in the case of explosions) confinement. Employees should be made aware that any efforts they make to keep these factors from occurring simultaneously will be an important step in reducing the potential for fires and explosions.
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Basic employee training may cover: • General dangers • Hazards of dust accumulation • Hazards of ignition • Sources of ignition • Dangers specific to the task • Procedures for using equipment • Procedures for dealing with blockages, etc. • Protective equipment required • Hot work permits • Bin, silo, and tank entry procedures • Housekeeping regulations Supervisor training may cover: • Inspection requirements • Special hazards • Training program and outline • Contractor training requirements • Housekeeping and maintenance procedures • Ventilation requirements
Subpart S – Electrical Sections 1910.301 to 1910.399 This subpart covers design safety standards for electrical systems and safety-related work practices. Electrical Safety-Related Work Practices
❏ Are conductive articles of jewelry and clothing (such as watchbands, bracelets, or rings) removed ❏ ❏ ❏ ❏ ❏ ❏ ❏
or rendered nonconductive by covering, wrapping, or other insulating means? [1910.333 (c)(8)] When employees are working in confined or enclosed spaces, are protective shields, barriers, and/or insulating materials provided and used? [1910.333 (c)(5)] Does a qualified person conduct tests and inspections to ensure that all tools, electrical jumpers, shorts, rounds, etc., have been removed before equipment is energized? [1910.333 (b)(2)(v)(A)] Are exposed employees warned to stay clear of the equipment? [1910.333 (b)(2)(v)(B)] Are locks and tags removed by the employee who applied them under the supervision of his or her supervisor? [1910.333 (b)(2)(v)(C)] If this employee is absent, are the locks and tags removed by a qualified person, and is the absent employee informed of their removal before he or she resumes work? [1910.333 (b)(2)(v)(C)(2)] Is there a visual inspection to ensure that all employees are clear of the circuits and equipment? [1910.333 (b)(2)(v)(D)] Are only qualified employees allowed to work on electric circuits or equipment that have not been deenergized? [(c)(2)]
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❏ Are safety-related work practices employed to prevent electric shock or other injuries that may result ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
when employees are working on or near equipment or circuits that are energized? [1910.333 (a)] If an employee is exposed to live parts, are those parts deenergized before work begins, unless the deenergizing causes new or increased hazards or isn’t feasible? [1910.333 (a)(1)] If the exposed live parts are not deenergized, are other safety-related work practices used to protect employees? [1910.333 (a)(2)] Are deenergized circuits or equipment locked out and/or tagged when an employee is exposed to them? [1910.333 (b)(2)] Are the safe procedures for deenergizing circuits and equipment determined before they are deenergized? [1910.333 (b)(2)(ii)(A)] Are the circuits and equipment disconnected from all electric energy sources? [(b)(2)(ii)(B)] Is stored electric energy released? [1910.333 (b)(2)(ii)(C)] Is stored nonelectrical energy blocked or relieved to avoid the accidental energizing of equipment? [1910.333 (b)(2)(ii)(D)] Are locks and tags used to prevent the operation of disconnected circuits and equipment? [1910.333 (b)(2)(iii)] If tags are used without locks under the conditions set forth in the standard, are they supplemented with at least one additional safety measure? [1910.333 (b)(2)(iii)(D)] Are employees trained in and familiar with safe work practices that pertain to their job assignments or relate to their safety? [1910.331(b)(1-2)] If qualified employees are permitted to work on or near exposed energized parts, are they trained in the skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment? [1910.331(b)(3)(i)] Are qualified employees trained in the skills and techniques necessary to determine the nominal voltage of exposed live parts? [1910.331(b)(3)(ii)] Are qualified employees trained in the clearance distances specified in the standard and in the corresponding voltages to which they will be exposed? [1910.331(b)(3)(iii)]
Training
29 CFR 1910.332 Training requirements apply to employees who face a risk of electric shock that is not reduced to a safe level by the electrical installation requirements of the electrical systems standard. Employees must be trained in the specific safety work practices that apply to their respective work assignments. Additional requirements for unqualified persons. Employees who are at risk of electric shock but who are not qualified persons must be trained in electrically related safety practices. Employees who are not qualified persons must also be trained in and familiar with any electrically related safety practices not specifically addressed in the rule but that are necessary for their safety. Additional requirements for qualified persons. Employees who are permitted to work on exposed, energized parts must be trained in the following: • How to distinguish between live parts and other parts of electric equipment • How to determine the voltage of live parts • Clearance distances specified in the regulation and voltages to which the employee will be exposed • Type of training. Training must be either classroom or on-the-job.
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Training Recommended Basic employee training may cover: • Hazards associated with electrical installations and equipment • Warning signs • Accessibility of certain areas to qualified people only • Necessity to leave operable all safety devices • Importance of housekeeping requirements • Inspection of electrical equipment • Operation of electrical equipment • Grounding requirements • Disconnect and restart hazards and procedures • Hazardous locations Supervisor training may cover: • Hazards • Inspections • Signs of wear • Malfunctions • Disconnect/start procedures • Training program
Subpart T – Commercial Diving Operations Sections 1910.401 to 1910.441 Commercial Diving Operations
❏ ❏ ❏ ❏ ❏
Do all dive team members meet qualifications? Has a safe practices manual that addresses OSHA requirements been written and made available? Are equipment procedures implemented and followed? Are records kept regarding the servicing of equipment? Are records of injuries and illnesses kept?
Training
The following training is required by this section: • Qualifications of the dive team. This paragraph requires that all divers be fully qualified and trained for the type of operation performed and in cardiopulmonary resuscitation. 1910.410(a)(1) through (4) • Task assignment. Divers must be assigned tasks according to their experience and training. 1910.410(b)(1) • Person in charge. The person in charge must be trained and experienced in the type of operation being performed. 1910.410(c)(2)
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Training Recommended Basic employee training may cover: • Training requirements • Safe practices manual • Pre-dive procedures —Planning and briefing —Inspection procedures —Procedures during dive —Entry and exit —Communications —Equipment —Termination of dive • Post-dive procedures • Record of dive • Decompression/recompression procedures • Special types of diving–SCUBA, surface-supplied, mixed-gas, liveboating • Special equipment–air compressor system, breathing gas supply hoses, buoyancy control, compressed gas cylinders, decompression chambers, gauges and timepieces, masks and helmets, oxygen, weights and harnesses. • Recordkeeping requirements • Supervisor training may cover: • Standby and emergency requirements and procedures • Required training and qualification
Subpart Z – Toxic and Hazardous Substances Sections 1910.1000 to 1910.1450 This subpart deals with the use of a wide variety of toxic and hazardous substances. Mandatory training is associated with many of the sections of the regulation, and attention to this training is particularly important since the hazards are not always obvious to the untrained employee. Air Contaminants
Have all hazardous air contaminants been identified in the workplace? ❏ Are air contaminant levels maintained below those given in the Z Tables? [1910.1000(a)-(c)] ❏ If respirators are provided, are they used in accordance with Subpart I? [1910.1000(e)] ❏ Are employees exposed to any of the chemicals that have their own specific standards? [1910 Subpart Z] ❏ If so, do you have a program or guidelines that address the following compliance concerns, where applicable, of a specific chemical? [1910 Subpart Z]
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Asbestos
❏ Have you ensured through monitoring that no employee is exposed to airborne concentrations of asbestos in excess of 0.1 fiber per cubic centimeter of air (1f/cc) as an 8-hour time-weighted average (TWA)? [(c)(1)] ❏ Have you ensured through monitoring that no employee is exposed to airborne concentrations of asbestos in excess of 1.0 fiber per cubic centimeter of air (1f/cc) as averaged over a sampling period of 30 minutes? [(c)(2)] ❏ Do you monitor the air with sufficient frequency and pattern to discover the levels of exposure to employees with reasonable accuracy? [(d)(3)] ❏ Do you conduct additional monitoring whenever there is a change in production processes, control equipment, personnel, or work practices that may result in additional exposures above the permissible exposure limit? [(d)(5)] ❏ Are employees notified of the results of monitoring within 15 days of receipt of results, either in writing or by posting the results in a place accessible to all employees? [(d)(7)(i)] ❏ Have you established “regulated areas” wherever airborne concentrations of asbestos exceed permissible limits? [(e)(1)] ❏ Are these areas clearly set off from the rest of the workplace? [(e)(2)] ❏ Is access to these areas limited to authorized personnel only? [(e)(3)] ❏ Is each person entering a regulated area provided with a respirator and required to use it? (e)(4] ❏ Do you prohibit eating, drinking, smoking, chewing gum or tobacco, and the application of cosmetics in regulated areas? [(e)(5)] Have you established engineering controls and work practices to reduce and maintain employee exposure below permissible exposure limits, including: ❏ Effective local exhaust ventilation and dust collection systems? [(f)(1)(iv)] ❏ The use of local exhaust ventilation with hand and power tools that could produce or release asbestos fibers? [(f)(1)(v)] ❏ The use of wet methods when handling, mixing, applying, removing, cutting, scoring, or otherwise working with asbestos products to prevent emission of airborne fibers? [(f)(1)(vi)] ❏ Prohibition against using compressed air to remove asbestos materials unless the compressed air is used with an effective ventilation system? [(f)(1)(ix)] ❏ Prohibition of sanding asbestos-containing floor material? [(f)(1)(x)] ❏ Do you have a written compliance program to reduce employee exposure where exposure limits exceed permissible levels? [(f)(2)(i)] Are employees required to use respirators: ❏ When installing or implementing engineering and work practice controls? [(g)(1)(i)] ❏ During work operations such as maintenance and repair for which engineering and work practice controls are not feasible? [(g)(1)(ii)] ❏ During work operations for which feasible engineering and work practice controls are not yet sufficient to reduce employee exposure below permissible levels? [(g)(1)(iii)]
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❏ In emergencies? [(g)(1)(iv)] ❏ Do employees receive a medical examination before being assigned a task requiring the use of a respirator? [(g)(2)(iii)] ❏ Do you provide appropriate protective clothing and equipment to employees, including coveralls, gloves, head and foot coverings, face shields, and vented goggles? [(h)(1), (h)(1)(i)-(h)(1)(iii)] Do you make sure that: ❏ Employees remove contaminated work clothing only in changing rooms? [(h)(2)(i)] ❏ No employee takes contaminated clothing out of the changing room (except employees authorized to do so for laundering, maintenance, or disposal)? [(h)(2)(ii)] ❏ All contaminated clothing is placed and stored in closed containers? [(h)(2)(iii)] ❏ All containers leaving the changing room are properly labeled? [(h)(2)(iv)] ❏ Do you launder, repair, or replace protective clothing and equipment to maintain their effectiveness and provide clean clothing and equipment at least weekly? [(h)(3)(i)] ❏ If you send clothing and equipment out for cleaning, do you inform the cleaner that these items have been contaminated with asbestos? [(h)(3)(v)] ❏ Is contaminated clothing and equipment always transported in sealed impermeable bags or containers and properly labeled? [(h)(3)(vi)] ❏ Do you make sure that employees who work in areas where airborne exposure is above permissible limits shower at the end of each work shift? [(i)(2)(i)] ❏ Do you provide lunchroom facilities for employees who work in areas where exposure is above permissible limits? [(i)(3)(i)] ❏ Do you make sure that these employees wash their hands and faces before eating, drinking, or smoking? [(i)(3)(iii)] ❏ Is smoking prohibited in work areas where employees are exposed to asbestos? [(i)(4)] ❏ Have you informed employees who may be exposed about asbestos hazards? [(j)] ❏ Are warning signs posted at each regulated area? [(j)(3)(i)] ❏ Are warning labels attached to raw materials, mixtures, scrap, waste, debris, and other materials containing asbestos? [(j)(4)(i)] Are all employees who are exposed to asbestos hazards properly trained prior to the time of their initial job assignment and at least annually thereafter on information about the following: ❏ Health effects associated with asbestos exposure? [(j)(7)(iii)(A)] ❏ Relationship between smoking and exposure to asbestos producing lung cancer? [(j)(7)(iii)(B)] ❏ Quantity, location, manner of use, release, and storage of asbestos, and the specific nature of operations that could result in exposure? [(j)(7)(iii)(C)] ❏ Engineering controls and work practices associated with the job assignment? [(j)(7)(iii)(D)] ❏ Specific procedures implemented to protect employees from exposure? [(j)(7)(iii)(E)] ❏ Purpose, proper use, and limitations of respirators? [(j)(7)(iii)(F)]
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❏ Purpose and description of medical surveillance program? [(j)(7)(iii)(G)] ❏ Content of the OSHA regulations concerning asbestos safety? [(j)(7)(iii)(H)] ❏ Names, addresses, and phone numbers of public health organizations that provide information, materials, etc., concerning smoking cessation? [(j)(7)(iii)(I)] ❏ Do you maintain all surfaces as free as possible of asbestos waste, debris, and dust? [(k)(1)] ❏ Are all spills and releases of material containing asbestos cleaned up as soon as possible? [(k)(2)] ❏ Do you prohibit employees from using compressed air to clean surfaces contaminated with asbestos? [(k)(3)] ❏ Is HEPA-filtered vacuuming equipment used to vacuum asbestos-containing waste and debris? [(k)(4)] ❏ Is all waste, scrap, debris, etc., properly disposed of in sealed bags or containers? [(k)(6)] ❏ Do all employees exposed to asbestos receive a medical examination before the job assignment and at least annually thereafter? [(l)(2)(i) and (l)(3)(i)] ❏ Do you provide employees with a medical exam when they terminate employment? [(l)(4)(i)] Do you keep records of monitoring activities, containing the following information? ❏ Date of monitoring? [(m)(1)(ii)(A)] ❏ Operation involving exposure? [(m)(1)(ii)(B)] ❏ Sampling and analytical methods?[(m)(1)(ii)(C)] ❏ Number and duration of samples taken? [(m)(1)(ii)(D)] ❏ Type of respiratory protective devices worn? [(m)(1)(ii)(E)] ❏ Name, Social Security number, and exposureof employees? [(m)(1)(ii)(F)] ❏ Employee medical surveillance data [(m)(3)(i)(ii)] ❏ Do you keep all monitoring and medical records for a period of 30 years? [(m)(1)(iii)] ❏ Do you keep training records for one year beyond the last date of employment of an employee? [(m)(4)] Access to Employee Exposure and Medical Records
Are you keeping the following records for at least 30 years? ❏ Employee medical records [1910.1020(d)(1)(i)] ❏ Employee exposure records [1910.1020(d)(1)(ii)] ❏ MSDS or list of chemicals to which employees are exposed 1910.1020(d)(1)(ii)(B) ❏ Analyses using exposure or medical records [1910.1020(d)(1)(iii)] ❏ Do you have procedures for making records available to employees or employee representatives within 15 days after the request? [1910.1020(e)(1)(i)] ❏ Do your procedures include making copies for employees or allowing employees to copy them? [1910.1020(e)(1)(iii)(A)-(B)]
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❏ Do you have procedures for providing “trade secret” information to employees and their representatives? [1910.1020(f)] ❏ Do you have an information program for new employees which addresses the requirements of 1910.1020(g)? Bloodborne Pathogens
Exposure Control Plan and Exposure Determination ❏ Do you have a written exposure control plan if you have employees with occupational exposure to bloodborne pathogens? [1910.1030(c)(1)(i)] ❏ Is a copy of your plan accessible to employees? [1910.1030(c)(1)(iii)] ❏ Do you review and update your plan at least once a year or whenever necessary to reflect new or modified tasks and procedures that affect exposure? [1910.1030(c)(1)(iv)] ❏ Does your review and update reflect changes in technology that eliminate or reduce exposure? {(c)(1)(iv)(A)] ❏ Do you solicit input from nonmanagerial employees with potential exposure concerning the identification, evaluation, and selection of effective engineering and work practice controls? [1910.1030(c)(1)(v)] ❏ Do you document this solicitation of input? [1910.1030(c)(1)(v)] ❏ Do you prepare an exposure determination that lists all job classifications in which employees have exposure and all tasks and procedures in which exposures might occur without regard to PPE? [1910.1030(c)(2)(i),(ii)] Methods of Compliance ❏ Are universal precautions observed to prevent contact with blood or other potentially infectious materials? [1910.1030(d)(1)] ❏ Are engineering and work practice controls used to eliminate or minimize employee exposure? [1910.1030(d)(2)(i)] ❏ Are engineering controls evaluated on a regular schedule and replaced as necessary to ensure effectiveness? [1910.1030(d)(2)(ii)] ❏ Do you provide handwashing facilities that are readily accessible to employees, and do you ensure that employees wash hands after removal of gloves or other PPE or after an exposure? [1910.1030(d)(2)(iii),(v),(vi)] ❏ Do you instruct employees not to bend, recap, break, shear, or remove contaminated sharps? [1910.1030(d)(2)(vii)] ❏ Are employees required to place used sharps in appropriate containers that are puncture resistant, leakproof, and appropriately labeled? [1910.1030(d)(2)(vii) ❏ Do you prohibit eating, drinking, smoking, applying cosmetics, and handling contact lenses in work areas where exposure is likely? [1910.1030(d)(2)(ix)] ❏ Are food and drink prohibited in refrigerators, cabinets, countertops, etc. where potentially infectious materials are present? [1910.1030(d)(2)(x)]
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❏ Are all procedures involving blood or other potentially infectious materials performed in such a way as to minimize splashing, spraying, spattering, etc. [1910.1030(d)(2)(xi)] ❏ Do you train employees never to suction blood or other potentially infectious materials by mouth? [1910.1030(d)(2)(xii)] ❏ Do your procedures for collecting specimens and storage, transport, or shipping of potentially infectious materials carried out in such a way as to prevent exposure? [1910.1030(d)(2)(xiii)] ❏ Do you decontaminate equipment before servicing or shipping? [1910.1030(d)(2)(xiv)]
Personal Protective Equipment ❏ Do you provide appropriate PPE to employees at no cost and require then to use assigned PPE? [1910.1030(d)(3)] ❏ Are effective procedures for cleaning, laundering, and disposing of PPE in place? [1910.1030(d)(3)(iv)] ❏ Do you repair or replace PPE as needed at no cost to employees? [1910.1030(d)(3)(v)] Housekeeping and Regulated Waste ❏ Do you make sure all equipment, bins, pails, and environmental surfaces are cleaned and decontaminated after contact with blood or other potentially infectious materials? [1910.1030(d)(4)(ii)] ❏ Do you train employees to pick up broken glassware by mechanical means, not their hands? [1910.1030(d)(4)(ii)(D)] ❏ Do you store or process reusable sharps so that employees are not required to reach by hand into these containers? [1910.1030(d)(4)(ii)(E)] ❏ Are contaminated sharps discarded in appropriately constructed and labeled containers that are easily accessible? [1910.1030(d)(4)(iii)(A)(1)] ❏ Is all regulated waste disposed of in appropriately constructed and labeled containers? [1910.1030(d)(4)(iii)(B)(1)] ❏ Is contaminated laundry handled as little as possible and bagged and transported in appropriate containers in accordance with the requirements of universal precautions? [1910.1030(d)(4)(iv)(A)] ❏ Are employees who handle potentially contaminated laundry equipped with appropriate PPE and required to use it? [1910.1030(d)(4)(iv)(B)] Hepatitis B Vaccination and Post-Exposure Evaluation and Follow-Up ❏ Do you provide, at no cost, hepatitis B vaccinations to all employees who are exposed to the virus and post-exposure evaluation and follow-up to all employees who have had an exposure incident? [1910.1030(f)(1)] ❏ Do you make vaccinations available after employees have received required training and within 10 working days of initial assignment to a job in which the employee may be exposed to hepatitis B? [1910.1030(f)(2)] ❏ Following an exposure incident, do you immediately provide the employee with a confidential medical evaluation and follow-up? [1910.1030(f)(3)]
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❏ Do you provide the health care professionals responsible for employees’ hepatitis B vaccinations with all relevant information, including a copy of the OSHA standard and a description of the employee’s job duties? [1910.1030(f)(4)] ❏ Do you obtain and provide employees with a copy of the health care professional’s written opinion within 15 days of a medical evaluation? [1910.1030(f)(5)]
Communication of Hazards ❏ Are warning labels of fluorescent orange or orange-red bearing the biohazard symbol and lettering affixed to containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious materials, and other containers used to store, transport, or ship these materials? [1910.1030(g)(1)] Employee Training ❏ Do you ensure that all employees with occupational exposure participate in a training program during working hours? [1910.1030(g)(2)(i)] ❏ Are employees trained at the time of initial assignment to a job involving exposure and at least annually thereafter? [1910.1030(g)(2)(ii)] ❏ Do you provide additional training when changes such as modifications of tasks or procedures affect exposure? [1910.1030(g)(2)(v)] Does your training program contain at a minimum the following elements: ❏ An explanation of the standard? [1910.1030(g)(2)(vii)(A)] ❏ An explanation of the epidemiology and symptoms of bloodborne diseases? [1910.1030(g)(2)(vii)(B)] ❏ An explanation of how bloodborne pathogens are transmitted? [1910.1030(g)(2)(vii)(C)] ❏ An explanation of your exposure control plan? [1910.1030(g)(2)(vii)(D)] ❏ Hazard identification? [1910.1030(g)(2)(vii)(E)] ❏ An explanation of the use and limitations of PPE and engineering and work practice controls? [1910.1030(g)(2)(vii)(F)] ❏ Information about the selection, use, removal, decontamination, and disposal or PPE? [1910.1030(g)(2)(vii)(G),(H)] ❏ Information about hepatitis B vaccinations? [1910.1030(g)(2)(vii)(I)] ❏ Information about how to handle emergencies involving exposures? [1910.1030(g)(2)(vii)(J)] ❏ Procedures to follow after an exposure incident occurs? [1910.1030(g)(2)(vii)(K)] ❏ Information about post-exposure medical evaluations and follow-ups? [1910.1030(g)(2)(vii)(L)] ❏ Recognition of signs, labels, and color coding? [1910.1030(g)(2)(vii)(M)] ❏ Opportunity for interactive questions and answers? [1910.1030(g)(2)(vii)(N)] Recordkeeping ❏ Do you maintain medical records for each employee with an occupational exposure? [1910.1030(h)(1)(i)]
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❏ Do you ensure confidentiality of medical records? [1910.1030(h)(1)(iii)] ❏ Do you maintain training records for at least 3 years for each employee with an exposure, including dates of training sessions, name and qualifications of the trainer, and a summary of training contents? [1910.1030(h)(2)(i)] ❏ Do you maintain a sharps injury log for recording injuries from contaminated sharps? [1910.1030(h)(5)(i)] ❏ Does your sharps injury log list the type an brand of the device involved in each incident as well as the location of the incident, and a brief description of how the incident occurred? [1910.1030(h)(5)(i)(A),(B),(C)] Ionizing Radiation
❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏
Are employees limited to the exposure limits prescribed in the regulations? [1910.1096(b)(1)] Do employees use personal monitoring equipment as required? [1910.1096(d)(2)] Are the proper caution signs, labels, and signals used? [1910.1096(e)] Does your facility’s immediate evacuation warning signal meet design requirements? [1910.1096(f)] Is the signal tested on a periodic basis? [1910.1096(f)(3)(vi)] Are employees provided training and information regarding radiation exposure and protection? [1910,1096(i)(2)] Do you have standard operating procedures for working with ionizing radiation and storage and disposal? [1910.1096(i)(3)] Are copies of the standard and SOPs posted in a conspicuous location? [1910.1096(i)(3)] Do you have procedures for notification of incidents including overexposure and excessive levels? [1910.1096(m)] Are records of personal monitoring kept in accordance with the requirements? [1910.1096(n)] Are employees informed at least annually of individual exposures? [1910.1096(n)(1)]
Hazard Communication Compliance
Employee Information and Training ❏ Are employees provided with effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new physical or health hazard is introduced? [1910.1200(h)(1)] ❏ Are employees informed of any operations in their work area where hazardous chemicals are present? [1910.1200(h)(2)] ❏ Are employees made aware of the location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals and material safety data sheets? [1910.1200(h)(2)] ❏ Are employees trained in methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area? [1910.1200(h)(3)]
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❏ Are employees made aware of the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the MSDS, and how employees can obtain and use the appropriate hazard information? [1910.1200(h)(3)]
Labels ❏ Are containers of hazardous chemicals identified? [1910.1200(f)(5)] ❏ Are containers of hazardous chemicals marked with easily understandable information about the hazards of the particular chemical? [1910.1200(f)(5)(ii)] ❏ Are the labels or other warning forms legible, prominently displayed, and in English? [1910.1200(f)(9)] ❏ When significant new information regarding the hazards of a chemical becomes available, are labels on existing containers of the chemical revised within three months of your becoming aware of the information? [1910.1200(f)(11)] Material Safety Data Sheets (MSDSs) ❏ Are MSDSs available for each hazardous chemical that is used? [1910.1200(g)] ❏ Are MSDSs readily accessible to employees during each work shift? [1910.1200(g)(8)] ❏ Do the MSDSs contain information regarding the physical and health hazards of each hazardous chemical, including any medical conditions that are aggravated by exposure to the chemical? [1910.1200(g)(2)] ❏ Are precautions for safe handling and use described? [1910.1200(g)(2)] ❏ Are emergency and first-aid procedures listed? [1910.1200(g)(2)] ❏ Is the date the MSDS was prepared, and the date of the last change to it, included? [1910.1200(g)(2)] Written Program ❏ Does your written hazard communication program explain how the standard’s requirements will be met? [1910.1200(e)(1)] ❏ Does it include a list of the hazardous chemicals used in the facility? [1910.1200(e)(1)(i)] ❏ Are the chemicals identified in a way that is referenced on the relevant material safety data sheet? [1910.1200(e)(1)(i)] ❏ Does the HazCom program explain how employees will be informed of the hazards of nonroutine tasks (for example, cleaning reactor vessels)? [1910.1200(e)(1)(ii)] Retention of DOT Markings, Placards, and Labels
❏ Have DOT markings, labels, and placards been retained on packages until the packaging is cleaned of residue and purged of vapors to remove any potential hazards? [1910.1201(a)] ❏ Have DOT markings and placards been retained on freight containers, rail freight cars, motor vehicles, or transport vehicles until hazardous materials are sufficiently removed to prevent any potential hazards? [1910.1201(b)] ❏ Are markings, placards, and labels maintained in a manner that ensures that they are readily visible? [1910.1201(c)]
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Occupational Exposure to Hazardous Chemicals in Laboratories
❏ Have you ascertained that employees’ exposures to laboratory chemicals do not exceed the ❏ ❏ ❏ ❏ ❏ ❏ ❏
PELs listed in the “Z” tables? [1910.1450(c))] Do you monitor employees who may be exposed to substances that routinely exceed the action level or the PEL? [1910.1450(d)(1)] Do you have a written Chemical Hygiene Plan? [1910.1450(e)(1)] Do you provide employees with information and training to ensure that they are apprised of the chemical hazards present? [1910.1450(f)(1)] Do you provide employees with the opportunity to receive medical attention? [1910.1450(g)(1)] Do you follow the regulations with respect to labels and MSDSs? [1910.1450(h)(1)] Do you provide respirators to your employees where required? [1910.1450(i)] Do you maintain a record of monitoring measurements and medical information for each employee? [1910.1450(j)(1)
Hazardous Substances Training
Training is required for all the hazardous substances in subpart Z. In general, the training for specific substances is simple, but important. This includes the following substances: • 1910.1000 Air contaminants • 1910.1001 Asbestos • 1910.1002 Coal tar pitch volatiles; interpretation of term • 1910.1003 13 Carcinogens —4-Nitrobiphenyl —alpha-Naphthylamine —Methyl chloromethyl ether —3,3’-Dichlorobenzidine (and its salts) —bis-Chloromethyl ether —beta-Naphthylamine —Benzidine —4-Aminodiphenyl —Ethyleneimine —beta-Propiolactone —2-Acetylaminofluorene —4-Dimethylaminoazobenzene —N-Nitrosodimethylamine • 1910.1004 alpha-Naphthylamine
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• • • • • • • • • • • • • • • • • • • • • • • • •
1910.1006 Methyl chloromethyl ether 1910.1007 3,3’-Dichlorobenzidine (and its salts) 1910.1008 bis-Chloromethyl ether 1910.1017 Vinyl chloride 1910.1018 Inorganic arsenic 1910.1025 Lead 1910.1027 Cadmium 1910.1028 Benzene 1910.1029 Coke oven emissions 1910.1009 beta-Naphthylamine 1910.1010 Benzidine 1910.1011 4-Aminodiphenyl 1910.1012 Ethyleneimine 1910.1013 beta-Propiolactone 1910.1014 2-Acetylaminofluorene 1910.1015 4-Dimethylaminoazobenzene 1910.1016 N-Nitrosodimethylamine 1910.1043 Cotton dust 1910.1044 1,2-dibromo-3-chloropropane 1910.1045 Acrylonitrile 1910.1047 Ethylene oxide 1910.1048 Formaldehyde 1910.1050 Methylenedianiline 1910.1051 1,3-Butadiene 1910.1052 Methylene Chloride
Discuss • What the substance is • How it is dangerous • How to detect it • Permissible exposure limit and exposure monitoring programs and requirements • Regulated areas: authorizations, entrance restrictions • Signs and warnings • Container contents identification • The nature of the hazards
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• • • • • • • • • • • •
The specific operations that could result in exposure What to do if exposed The medical surveillance program Personal protective equipment Hygiene practices and procedures Decontamination practices Emergency practices and procedures The fire hazard of vinyl chloride Employee’s specific role in emergency procedures Recognition and evaluation of potential hazardous situations Employee’s specific duties and responsibilities First-aid procedures
Supervisor training may cover: • Operations reports required • Incident reports required • Medical surveillance program • Monitoring program • Medical examinations • Recordkeeping • Training program and outline Access to Records Training
1910.1020 The training required here is related to employee rights. Employee information 1910.1020(g)
Training Recommended Recommended training is based on the following: • 1910.1020(a) Purpose—explanation of regulations • 1910.1020(e)(2) Employee and designated representative access—access to exposure records, medical records, analyses using exposure or medical records Any policy and procedure related to this section should be fully described and explained to employees. As stated before, an employer has a responsibility to make sure that employees are aware of their rights.
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Basic Employee training may include: • The employee’s right to access both exposure and medical records • Procedures for requesting records Supervisor training may include: • Employees’ rights to access records • Location of records • How requests for access should be made If the supervisor is the recordkeeper, he/she should know the regulation thoroughly and comply with all its requirements. Bloodborne Pathogens Training
1910.1030 The following training is required by this section: • Employees at risk. Such persons must participate in a training program. 1910.1030(g)(2)(i) • Training schedule. When training must be provided. 1910.1030(g)(2)(ii) • Employees previously trained. These persons need be trained only in parts of the standard that were not heretofore addressed. 1910.1030(g)(2)(iii) • Annual training. Employees must be trained once a year. 1910.1030(g)(2)(iv) • Additional training. Employers must provide additional training when new circumstances warrant it. 1910.1030(g)(2)(v) • Appropriate training. Training must be given in language that the employee can understand. 1910.1030(g)(2)(vi) • Minimum training program. List of basic items that must be included in the training program. 1910.1030(g)(2)(vii) • Qualifications of trainer. The trainer must be aware of the safety program as it relates to specific working conditions. 1910.1030(g)(2)(viii) • Employees in HIV and HBV facilities. Additional training is required for employees who work in these facilities. 1910.1030(g)(2)(ix) • Training records. Training records must include the following information. 1910.1030(h)(2)(i) • Training records. Length of time records must be kept. 1910.1030(h)(2)(ii)
Training Recommended Basic employee training may include: • Participation in training program • Annual training • Additional training when procedures change • Language that employees can understand • Content of standard
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• • • • • • • • • •
Explanation of epidemiology How bloodborne pathogens are transmitted Engineering controls to eliminate/reduce exposure Work practices to eliminate/reduce exposure Personal protective equipment Hepatitis B vaccine Emergencies involving blood or infectious materials Reporting exposure incidents Signs and labels HIV and HBV laboratories and facilities—additional regulations Supervisor training may include: • Written exposure control plan • Minimum training program requirement • Trainer to be aware of specific conditions of workplace • Training records • Emergencies • Post-exposure evaluation and follow-up • HIV and HBV laboratories and facilities—additional regulations Hazard Communication Training
1910.1200 This section, also known as Right-to-Know, pertains to all employers who have employees exposed to hazardous chemicals in their workplaces. It requires these employers to establish hazard communication programs to inform their employees of the hazards of chemicals by means of labels, MSDSs, and training programs. The intention is to reduce the number of chemical-related illnesses and injuries in the workplace. • Training is required at the time of employees’ initial assignments, and whenever a new hazard is introduced into their work area. • Written hazard communication program. Employers must maintain a written program that contains information on how training requirements will be met. 1910.1200(e)(1) • Content of employee training. Employee training must include the following: 1910.1200(h)(3)(i) – (iv)
Training Recommended Basic employee training may include: • Requirements of the section • Operations in the employee’s area where hazardous chemicals are present • Location, availability, and details of the written hazard communication program
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• Methods and observations that may be used to detect the presence or release of hazardous chemicals in the work area • Physical and health hazards of the chemicals • Measures employees can take to protect themselves. Supervisor training may cover: • Written hazard communication program • Communication of hazards to contract workers • MSDSs • Employee information and training • Trade secrets Occupational Exposure to Hazardous Chemicals in Laboratories Training
1910.1450 The basis for this standard is a determination, after careful review of the rulemaking record, that laboratories typically differ from industrial operations in their use and handling of hazardous chemicals and that a different approach than that found in OSHA’s substance-specific health standards is warranted to protect workers. The following training is required by this section: • Chemical Hazard Protection. Employees are to be trained in detection of hazardous chemicals, physical and health hazards of chemicals, and the measures employees can take to protect themselves. 1910.1450(f)(4)(i) • Chemical Hygiene Plan. The employee shall be trained on the applicable details of the employer’s written Chemical Hygiene Plan. 1910.1450(f)(4)(ii)
Training Recommended Basic employee training may include: • Chemical hazards in their work area • Contents of this standard • Location of the Chemical Hygiene Plan • PELs or recommended exposure limits • Location of reference material on hazardous chemicals (See Appendix B of 1910.1450) • MSDSs Supervisor training may cover: • Monitoring of employees for symptoms of exposure to hazardous chemicals • Appropriate work practices • Emergency procedures • Personal protective equipment • Employer’s Chemical Hygiene Plan
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Appendix G
How to Create a Disaster Plan Here are several steps to follow in creating or evaluating your program.
Step 1. Assign priority and responsibility • Make it clear that management gives the project high priority and support. • Assign one person to coordinate the task force or work group that will evaluate hazards and prepare plans. Select and appoint the participants. Most organizations try to involve a wide representation of managers, supervisors, and employees. • Make sure to involve Human Resources (HR), as well as safety, security, and operations. When a disaster occurs, employees will come to HR. • Establish goals and time lines for completion of your plan. Step 2. Evaluate your facility’s challenges and hazards • The next step is to evaluate your situation to determine likely or potential problems. Certain potential challenges will face almost all organizations, for instance, fire, explosion, injuries, medical emergencies, and violence. • Other threats are specific to your geographic location. These may include flooding, mudslides, earthquakes, hurricanes, tornados, and other weather-related problems. • Additional threats may be related to your specific operations, for example, dangerous equipment, dangerous environments (e.g., confined spaces), and hazardous substances. • If your facilities are some distance from fire, police, and emergency services, you may want to provide extra training and equipment so you can deal with challenges yourself. • Finally, don’t forget to consider neighboring organizations and the threats they may pose. Step 3. Delineate steps for avoidance and prevention • Once threats are identified, think of measures that will prevent or contain them. • Employers might increase security, decide to be more vigilant in enforcement of safety rules, or perhaps establish some new rules or procedures. • Training may be required, such as first-aid training, CPR, hazardous materials response, and response to threats of violence.
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• In addition, you may need special preparations for protecting materials, equipment, and data. • • •
For example, if flooding is likely, you may decide to relocate critical files, equipment, and data. If an earthquake is likely, you may need to strap or secure heavy equipment. Data and systems may need technological or physical protection. Redundant systems and offsite capabilities may be needed. As part of your preparation, meet with local emergency services organizations including fire and police. Invite them to do a “walk-through” of your facility to help identify potential problems and solutions, and to familiarize themselves with the layout. Check with local hospital and ambulance services. Be sure that they are aware of the type of problems that may occur at your facility.
Step 4. Plan for actions during and after a disaster • In spite of your attention to prevention, a disaster may occur. The next step is to plan for your actions in that event. Prepare for evacuation • Install and/or test the alert system you will use to call for evacuation. • Plan evacuation routes and alternative routes. • Designate assembly sites and reporting procedures. • Detail equipment shutdown procedures and identify those who will stay to accomplish this, if necessary. • Inform all employees and others who are often in your facilities of the alert signal and the evacuation plan. Establish communication systems Communication is important and difficult. Identify the following: • Location of the command post • Who will be in charge • Alternate communication methods, runners, etc. • Who will deal with outside services such as police, fire, and hazardous materials responders • Who will deal with the media • What role your website will play Handle the disaster In addition to the specific challenge that will probably be handled by experts, also consider your needs for dealing with traffic, onlookers, and the media. If any special equipment is needed, procure it before disaster strikes. For example, you may need: • Cell phones • Fire-fighting devices • First-aid materials
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Prepare for ongoing operations • In your planning, give some thought to how you will keep the business going after a disaster. • Depending on your operations, you may need alternative sources of power, water, utilities, etc. • You may need temporary space, temporary computer capability, phones, and other means to do whatever you normally accomplish. • The plan should be in writing, and pertinent parts of the plan should be shared with all employees.
Step 5. Practice • Regular practice drills are essential. They ensure that every employee knows what to do. In addition, drills may uncover flaws in your plan. Step 6. Make regular reviews • Your standing procedures should include reviews of your plan. People leave, phone systems change, partitions are built, and so on. • New technologies, equipment, and hazardous substances may have been introduced.
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