An OSHA Update
for
Scott G. Shimandle
Compliance Assistance Specialist
USDOL/OSHA – Allentown Area Office
October 2, 2014
Disclaimer

This information is intended to assist employers, workers,
and others as they strive to improve workplace health and
safety. While we attempt to thoroughly address specific
topics, it is not possible to include discussion of everything
necessary to ensure a healthy and safe working environment
in a presentation of this nature. Thus, this information must
be understood as a tool for addressing workplace hazards,
rather than an exhaustive statement of an employer’s legal
obligations, which are defined by statute, regulations, and
standards. Likewise, to the extent that this information
references practices or procedures that may enhance health
or safety, but which are not required by a statute, regulation,
or standard, it cannot, and does not, create additional legal
obligations. Finally, over time, OSHA may modify rules and
interpretations in light of new technology, information, or
circumstances; to keep apprised of such developments, or to
review information on a wide range of occupational safety and
health topics, you can visit OSHA’s website at www.osha.gov.
Presentation Overview

OSHA’s Spring 2014 Unified Agenda
◦ Updates to OSHA’s Recordkeeping Rule

Current Initiatives
◦ Nursing Home – NEP Overview

Most Frequently Cited OSHA Violations
◦ National Top 10
◦ Region III – Federal OSHA Offices

Hazard Communication aka Globally
Harmonized System (GHS)
3
OSHA’s Unified Agenda
Spring 2014
4
Spring 2014 Unified Agenda: Pre-rule Stage
Title
RIN
Bloodborne Pathogens
1218-AC34
Infectious Diseases
1218-AC46
Preventing Backover Injuries and Fatalities
1218-AC51
Combustible Dust
1218-AC41
Chemical Management and Permissible Exposure Limits (PELs)
1218-AC74
Process Safety Management and Prevention of Major Chemical
Accidents
1218-AC82
Shipyard Fall Protection – Scaffolds, Ladders and Other Working
Surfaces
1218-AC83
Communication Towers
1218-AC90
Emergency Response and Preparedness
1218-AC91
6
Spring 2014 Unified Agenda: Proposed Rule Stage
Title
RIN
Occupational Exposure to Crystalline Silica
1218-AB70
Occupational Exposure to Beryllium
1218-AB76
Standards Improvement Project IV
1218-AC67
Amendments to the Cranes and Derricks in Construction Standard
1218-AC81
Clarification of Employer's Continuing Obligation to Make and Maintain an
Accurate Record of Each Recordable Injury and Illness
1218-AC84
Cranes and Derricks in Construction: Operator Certification
1218-AC86
Updating OSHA Standards Based on National Consensus Standards Eye and Face
1218-AC87
Protection
7
Fall 2014 Unified Agenda: Final Rule Stage
Title
RIN
Confined Spaces in Construction
1218-AB47
Electric Power Transmission and Distribution; Electrical Protective Equipment
1218-AB67
Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and
Fall Prevention)
1218-AB80
Procedures for Handling Employee Retaliation Complaints Under the National
Transit Systems Security Act; Surface Transportation Assistance Act; and Federal
Railroad Safety Act – Corp. Criminal Fraud Accountability Act of 2002; the
Consumer Financial Protection Act, the Seaman’s Protection, the FDA, Affordable
Care Act, Moving Ahead for Progress in the 21st Century Act
1218-AC36
1218-AC53
1218-AC58
1218-AC79
1218-AC88
Occupational Injury and Illness Recording and Reporting Requirements--NAICS
Update and Reporting Revisions
1218-AC50
Improve Tracking of Workplace Injuries and Illnesses
1218-AC49
Approved State Plans for Occupational Safety and Health
1218-AC76
8
OSHA’s Recordkeeping Revisions
9
OSHA Recordkeeping Changes

Updated list of industries that are exempt
from the requirement to routinely keep OSHA
injury and illness records.
◦ Previous list used the Standard Industrial
Classification (SIC) system from the Bureau of Labor
Statistics (BLS) from 1996-1998.
◦ New list is based on North American Industrial
Classification System (NAICS) from BLS from 20072009.
◦ Retains the exemption for any establishment with
ten or fewer employees, regardless of their industry
classification.
10
OSHA Recordkeeping Changes (cont’d)

Rule also added (Table 2) Industries that
include establishments newly required to
keep records.
11
Industries That Include Establishments that Would
Be Newly Required to Keep Records
NAICS CODE
Title of NAICS Code
3118
Bakeries and tortilla manufacturing
4411
Automobile dealers
4413
Automotive parts, accessories, and tire stores
4441
Building material and supplies dealers
4452
Specialty food stores
4453
Beer, wine, and liquor stores
4539
Other miscellaneous store retailers
4543
Direct selling establishments
5311
Lessors of real estate
5313
Activities related to real estate
5322
Consumer goods rental
5324
Commercial and industrial machinery and equipment rental and leasing
5419
Other professional, scientific, and technical services
12
Industries That Include Establishments that Would
Be Newly Required to Keep Records
NAICS CODE
Title of NAICS Code
5612
Facilities support services
5617
Services to buildings and dwellings
5619
Other support services
6219
Other ambulatory health care services
6241
Individual and family services
6242
Community food and housing, and emergency and other relief services
7111
Performing arts companies
7113
Promoters of performing arts, sports, and similar events
7121
Museums, historical sites, and similar institutions
7139
Other amusement and recreation industries
7223
Special food services
8129
Other personal services
13
OSHA Recordkeeping Changes (cont’d)

Rule expands the list of severe work-related
injuries and illnesses that all covered
employers must report to OSHA within 24
hours of learning about it.
◦ Inpatient hospitalizations of one or more employee
◦ All work-related amputations
◦ All work-related losses of an eye

Retains the requirement to report all fatalities
within 8 hours.
14
OSHA Recordkeeping Changes (cont’d)

Amputations - The traumatic loss of a limb or
other external body part.
◦ Amputations include a part, such as a limb or
appendage, that has been severed, cut-off,
amputated (either completely or partially); fingertip
amputations with or without bone loss; medical
amputations resulting from irreparable damage;
and amputations of body parts that have since been
reattached.
15
OSHA Recordkeeping Changes (cont’d)

Do not have to “report” an event if it:
◦ Resulted from a motor vehicle accident on a public
street or highway. Must report the event if it occurred
within a construction work-zone. No change.
◦ Occurred on a commercial or public transportation
system (airplane, subway, bus, ferry, streetcar, light
rail, train). No change.
◦ Occurred more than 30 days after the work-related
incident in the case of a fatality or more than 24
hours after the work-related incident in the case of an
inpatient hospitalization, amputation, or loss of an
eye.
16
OSHA Recordkeeping Changes (cont’d)

Do not have to “report” an event if it:
◦ Employer do not have to report the inpatient
hospitalization if it was for diagnostic testing or
observation only.
◦ Inpatient hospitalization = formal admission to the
inpatient service of a hospital or clinic for care or
treatment.
17
18
OSHA’s Emphasis Programs
Local/Regional Emphasis Programs
National Emphasis Programs
Special Emphasis Programs
20
Region III Local / Regional Emphasis
Program (DE, DC, MD,** PA, VA,** WV)
Directive
Title
2014-01 (CPL 04)
Regional Emphasis Program for the Oil and Gas Service Industry
2014-02 (CPL 04)
Regional Emphasis Program Involving Exposure to Hexavalent
Chromium (VI)
2014-03 (CPL 04)
Regional Emphasis Program for Fall Hazards in the Construction
Industry
2014-04 (CPL 04)
Regional Emphasis Program – Silica
2014-07 (CPL 04)
Local Emphasis Program for Health Hazards in Metal Fabrication
Except Structural
2014-11 (CPL 04)
Local Emphasis Program for Logging in West Virginia
2014-20 (CPL 04)
Local Emphasis Program for Ship/Boat Building and Repair
2014-32 (CPL 04)
Regional Emphasis Program for High Level Noise
2014-05
Regional Emphasis Program for Tree Trimming and Clearing
Operations
OSHA Emphasis Programs
National Emphasis Programs (NEP)





COMBUSTIBLE DUST - OSHA Instruction CPL 03-00-008 National
Emphasis Program on Combustible Dust (Reissued) (Date:
03/11/2008)
HAZARDOUS MACHINERY - OSHA Instruction CPL 03-00-003
National Emphasis Program on Amputations
(Date: 10/27/2006)
HEXAVALENT CHROMIUM - OSHA Instruction CPL 02-02-076
National Emphasis Program - Hexavalent Chromium
(Date: 02/23/2010)
LEAD - OSHA Instruction CPL 03-00-009 National Emphasis Program
on Lead (Date: 08/14/2008)
PRIMARY METALS INDUSTRIES - OSHA Instruction CPL 03-00-013
Primary Metal Industries (Date: 05/19/2011)
22
OSHA Emphasis Programs (cont’d)
National Emphasis Programs (cont’d)





PROCESS SAFETY MANAGEMENT - CPL 03-00-014 PSM Covered
Chemical Facilities National Emphasis Program (Date:11/29/2011)
SILICA - OSHA Instruction CPL 03-00-007 National Emphasis
Program on Crystalline Silica (Date: 01/24/2008)
NURSING AND RESIDENTIAL CARE FACILITIES - OSHA Instruction
CPL 03-00-016 National Emphasis Program on Nursing and
Residential Care Facilities (Date: 04/05/2012)
ISOCYANATES - OSHA Instruction CPL 03-00-017 National Emphasis
Program – Occupational Exposure to Isocyanates (Date: 06/20/2013)
SHIPBREAKING - OSHA Instruction CPL 03-00-012 National Emphasis
Program on Shipbreaking (Date: 11/04/2010)
23
OSHA Emphasis Programs (cont’d)
Special Emphasis Programs


FEDERAL AGENCIES - OSHA Notice 11-04 (FAP 01) Federal
Agency Targeting Inspection Program (FEDTRG12)
(Date:12/23/2011)
TRENCHING & EXCAVATION - OSHA Instruction CPL 02-00069 [CPL 2.69] Special Emphasis Program on Trenching and
Excavation (Date: 9/19/1985)
24
Overview of Nursing Home National
Emphasis Program
Nursing and Residential Care Facilities
DIRECTIVE NUMBER: CPL 03-00-016
EFFECTIVE DATE: April 5, 2012
Background (cont’d)

NEP is focusing on:
◦ Ergonomic stressors (e.g., relating to
resident handling)
◦ Exposure to blood and other potentially
infectious materials
◦ Exposure to tuberculosis
◦ Workplace violence
◦ Slips, trips, and falls
26
Inspection Procedures







Recordkeeping
Ergonomics: MSD Risk Factors Relating to
Resident Handling
Slips, Trips and Falls
Bloodborne Pathogens
Tuberculosis (TB)
Workplace Violence
Other Hazards
◦ Methicillin-resistant Staphylococcus aureus (MRSA)
and other multi-drug resistant organisms (MDROs)
◦ Hazard Communication
Appendices





Appendix A – CSHO Quick Reference for
Data Collection
Appendix B – Release and Consent Form
Appendix C – Reference Material for
Nursing Home National Emphasis
Program
Appendix D – Sample 5(a)(1) AVD for
Resident Handling Hazards
Appendix E – Sample 5(a)(1) AVD for
MRSA Exposure
OSHA’s Areas of Focus and
Initiatives
29
Current Agency Focus Areas/Initiatives







Strengthening our Whistleblower Program
Hospitals and Healthcare
Oil and Gas Drilling
Ergonomics
Crystalline Silica
Reducing Exposures to Hazardous Chemicals
Protecting Vulnerable Workers - English As a
Second Language Employees
Current Agency Focus Areas/Initiatives







Falls in Construction
Heat Stress
Globally Harmonized System
Workplace Violence
Highway/Roadway Work Zone Safety
Protecting Temporary and Contract Workers
Isocyanates
32
Top OSHA Violations
33
Top 10 Violations for the Nation* in
FY’14 (*Federal OSHA)
1. Fall
Protection in Construction (1926.501)
2. Hazard Communication (1910.1200)
3. Scaffolding in Construction (1926.451)
4. Respiratory Protection (1910.134)
5. Lockout/Tagout (1910.147)
6. Powered Industrial Trucks (1910.178)
7. Electrical – Wiring Methods (1910.305)
8. Ladders in Construction (1926.1053)
9. Machine Guarding (1910.212)
10.Electrical – General Requirements (1910.303)
34
Top 20 Violations in General Industry
issued since 2012 (Region III)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Hazard Communication (1910.1200)
Respiratory Protection (1910.134)
Control of Hazardous Energy (LO/TO) (1910.147)
Occ. Exposure to Bloodborne Pathogens (1910.1030)
Electrical Equipment – General (1910.303)
Electrical Wiring & Comp. – General (1910.305)
Powered Industrial Trucks – (1910.178)
Machine Guarding – General (1910.212)
Occupational Noise (1910.95)
Personal Protective Equipment (1910.132)
35
Top 20 Violations in General Industry
issued since 2012 (Region III)
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Guarding Floor and Wall Openings (1910.23)
Portable Fire Extinguishers (1910.157)
Abrasive Wheel Machinery (1910.215)
Walking-Working Surfaces – General (1910.22)
Mtnc & Operational Features for Exit Routes (1910.37)
Section 5(a)(1) of OSH Act
Mech. Power-Transmission Apparatus (1910.219)
Medical Services and First Aid (1910.151)
Process Safety Mgmt. of HHC (1910.119)
Eye and Face Protection (1910.133)
36
Top 10 Violations in Construction
issued since 2012 (Region III)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Duty to have Fall Protection (1926.501)
Hazard Communication (1910.1200)
Scaffolds – General Requirements (1926.451)
Respiratory Protection (1910.134)
Control of Hazardous Energy (LO/TO) (1910.147)
Ladders (1926.1053)
Fall Protection – Training Requirements (1926.503)
Occ. Exposure to Bloodborne Pathogens (1910.1030)
Electrical Equipment – General (1910.303)
Electrical Wiring & Comp. – General (1910.305)
37
Standards Overview
Lockout/Tagout
 Energy Control
Procedures
 Periodic Inspections
 Training and
Communication
 Adequate Hardware
Hazard Communication




Written Plan – General
Information & Training
Labeling of Containers
MSDS (SDS)-Maintenance
38
Standards Overview
Electrical Wiring Methods
 Use of flexible cords
 Conductors into boxes
 Identification, splices…
 Covers and canopies
 Temporary Wiring
Powered Industrial Trucks
 Safe Operation
 Refresher Training/Eval
 Certification
 Truck Inspections
 Maintenance
39
Standards Overview
Machine Guarding
 Types of Guarding
 Point of Operation
Guarding
 Barrels, Containers and
Drums
 Exposure of Blades
 Anchoring of fixed
equipment/machinery
Respiratory Protection
 Written Program
 Medical Evaluations
 Fit-Testing
 Training
 Use and Selection of
Respirator
40
Standards Overview
Electrical - General
 Installation and Use
 Space around equip.
 Guarding of live parts
 Marking of services, …
 Free of recognized
hazards
Others
41
Construction Standards Overview
Fall Protection





Residential Construction
Unprotected Edges/Sides
Roofing Work–Low Slope
Steep Roofs
Protection from holes
and skylights
Scaffolds





Fall Protection
Decking/Planking
Access
Foundation/Base
Guardrails
42
Construction (cont’d)
Ladders





Others
Not Securing or
Extending
Not being used
as designed
Top step being
used
Broken ladder
being used
Carrying loads
which could lead
to a fall
43
Hazard Communication
PPT-016-03
2
General Standard Requirements
• A written program to cover issues of
chemical safety and hazard communication
(HAZCOM).
• Labels to identify each chemical.
• Material Safety Data Sheets (MSDSs) (now
SDSs under the Globally Harmonized System:
GHS).
• Employee training on SDS information and
safe chemical procedures and practices.
3
Why did OSHA align the HCS with GHS?

A common, coherent approach to classifying
and communicating chemical hazards.
◦ Harmonized definitions of hazards
◦ Specific criteria for labels
◦ Harmonized format for safety data sheets
Modifications/Notable changes

Using a “specification” approach rather than a
“performance-oriented” approach
◦ “Hazard classification” rather than “hazard determination”

Labels are more defined and will now require:
◦
◦
◦
◦
◦
◦

Product identifier
Pictogram
Signal word
Hazard statement(s)
Precautionary statement(s)
Name, address, and telephone number
“Safety data sheet” (rather than “Material Safety
Data Sheet”) uses a 16-section format.
Organization of the Final Rule
a) Purpose
b) Scope and Application
c) Definitions
d) Hazard Classification
e) Written Hazard
Communication Program
f) Labels and Other Forms
of Warning
g) Safety Data Sheets
h) Employee Information
and Training
i) Trade Secrets
j) Effective Dates
Appendices A–F
Appendices
•
•
•
•
•
•
Appendix A, Health Hazard Criteria (Mandatory) (NEW)
Appendix B, Physical Hazard Criteria (Mandatory)
(NEW)
Appendix C, Allocation of Label Elements (Mandatory)
(NEW)
Appendix D, Safety Data Sheets (Mandatory) (NEW)
Appendix E, Definition of “Trade Secret” (Mandatory)
Appendix F, Guidance for Hazard Classifications
re: Carcinogenicity (Non-Mandatory) (NEW)
Written Plan
•
•
•
•
•
How SDS filing requirements are being met
Type of labeling system being used
Detailed information on training and
compliance
Methods to inform employees of nonroutine tasks and safe procedures
Methods to inform outside contractors of
the HAZCOM program
Contractor Requirements
• Contractors must abide by the
applicable provisions of federal,
state and local hazard
communication and right to
know laws/regulations.
• Any contractor found not
meeting the provisions of the
laws or contractor requirements
may be required to cease work
until compliance is achieved.
Label Requirements

Chemical manufacturer, importer or
distributor must ensure each container of
hazardous chemicals leaving the workplace is
labeled, tagged or marked with:






Product identifier
Signal word
Hazard statement(s)
Pictogram(s)
Precautionary statement(s)
Name, address, and phone number of the responsible
party
Labels (cont’d)

Small packages
◦ No exemptions for small packages
◦ OSHA provides practical accommodations on a
case-by-case basis

Pictograms
◦ Blank pictograms are not permitted on a label

No size requirements for labels
◦ Must be legible
Workplace Labeling


No change to general workplace labeling
requirements
HMIS labels and NFPA ratings, by themselves,
are not sufficient for workplace labels
◦ NFPA rating systems used for emergency response

Before the June 1, 2015 deadline, employers
may use labels compliant with HCS 1994.
HCS Pictograms and Hazards
Label Example
Pictograms
Hazard
Statements
Product
Identifier
Signal Word
Precautionary
statements
Name, address and phone
number
16-Section Safety Data Sheet
1.
2.
3.
4.
5.
6.
7.
8.
9.
Identification of the
substance or mixture and
of the supplier
Hazards identification
Composition/information
on ingredients
Substance/Mixture
First aid measures
Firefighting measures
Accidental release
measures
Handling and storage
Exposure
controls/personal
protection
Physical and chemical
properties
10.
11.
12.
13.
14.
15.
16.
Stability and reactivity
Toxicological
Ecological information
(non mandatory)
Disposal considerations
(non mandatory)
Transport information
(non mandatory)
Regulatory information
(non mandatory)
Other information including
information on preparation
and revision of the SDS
Effective Dates


Covered employers must complete all training
regarding the new label elements and Safety Data
Sheet (SDS) format by December 1, 2013.
Provisions for preparation of new labels and SDSs
by June 1, 2015.
◦ However, distributors will have an additional 6 months
(December 1, 2015) to distribute containers with
manufacturer’s labels in order to accommodate those
they receive very close to the compliance date.

Employers will also be given an additional year
(June 1, 2016) to update their hazard
communication programs or any other workplace
signs, if applicable.
59
Questions?
60
ALLENTOWN AREA OFFICE
USDOL/OSHA
Allentown Area Office
Stabler Corporate Center
3477 Corporate Parkway, Suite 120
Center Valley, PA 18034
Office Phone: (267) 429-7542
Fax: (267) 429-7567