OSHA Update
MASWM Conference
October 7, 2014
Todd Sieleman
Compliance Assistance Specialist
Kansas City OSHA Office
sieleman.todd@dol.gov
Mike Minicky, CSP
Compliance Assistance Specialist
St. Louis OSHA Office
minicky.michael@dol.gov
Talking Points
 OSHA
history & mission
 Safety & health data
 Employer responsibilities
 OSHA inspections
 Common Violations
 Safety and health resources
History of OSHA




OSHA stands for the
Occupational Safety and
Health Administration, an
agency of the U.S.
Department of Labor
OSHA’s responsibility is
worker safety and health
protection
On December 29, 1970, President Nixon signed
the OSH Act
This Act created OSHA, the agency, which
formally came into being on April 28, 1971
3
OSHA’s Mission


The mission of OSHA is to save lives, prevent
injuries and protect the health of America’s
workers.
Some of the things OSHA does to carry out its
mission are:
◦ developing job safety and health standards and
enforcing them through worksite inspections,
◦ maintaining a reporting and recordkeeping system to
keep track of job-related injuries and illnesses, and
◦ providing training programs to increase knowledge
about occupational safety and health.
4
6
9
11
Topic 2:
What Rights Do Employees Have Under OSHA?

The right to:
◦ A safe and healthful workplace
◦ Know about hazardous chemicals
◦ Information about injuries and illnesses in your
workplace
◦ Complain or request hazard correction from employer
◦ Training
◦ Hazard exposure and medical records
◦ File a complaint with OSHA
◦ Participate in an OSHA inspection
◦ Be free from retaliation for exercising safety and
health rights
12
What Are Employer Responsibilities
Under OSHA?







Provide a workplace free from recognized hazards and
comply with OSHA standards
Provide training required by OSHA standards
Keep records of injuries and illnesses
Provide medical exams when required by OSHA
standards and provide workers access to their exposure
and medical records
Not discriminate against workers who exercise their
rights under the Act (Section 11(c))
Post OSHA citations and abatement verification notices
Provide and pay for PPE
13
FY 2007 – FY 2013
Inspections Conducted
50,000
39,324
40,000
38,667
39,004 40,993 40,648
40,961
37,917
30,000
20,000
10,000
0
FY07
FY08
FY09
FY10
FY11
FY12
FY13



The OSH Act authorizes OSHA compliance
safety and health officers (CSHOs) to conduct
workplace inspections at reasonable times.
OSHA conducts inspections without advance
notice, except in rare circumstances (e.g.
Imminent Danger)
In fact, anyone who tells an employer about
an OSHA inspection in advance can receive
fines and a jail term.
15
Priority
1st
Category of Inspection
Imminent Danger:
Reasonable certainty an immediate danger exists
2nd
Fatality/Catastrophe:
Reported to OSHA; inspected ASAP
3rd
Complaints/Referrals:
Worker or worker representative can file a complaint
about a safety or health hazard
4th
Programmed Inspections:
Cover industries and employers with high injury and
illness rates, specific hazards, or other exposures.
16
VIOLATION TYPE
PENALTY
WILLFUL
A violation that the employer intentionally and knowingly
commits or a violation that the employer commits with plain
indifference to the law.
OSHA may propose penalties of up to
$70,000 for each willful violation, with
a minimum penalty of $5,000 for each
willful violation.
SERIOUS
A violation where there is substantial probability that death
or serious physical harm could result and that the employer
knew, or should have known, of the hazard.
There is a mandatory penalty for
serious violations which may be up to
$7,000.
OTHER-THAN-SERIOUS
A violation that has a direct relationship to safety and health,
but probably would not cause death or serious physical
harm.
OSHA may propose a penalty of up to
$7,000 for each other-than-serious
violation.
REPEATED
A violation that is the same or similar to a previous violation.
OSHA may propose penalties of up to
$70,000 for each repeated violation.
17
FY 2007 – FY 2013
Average Current Penalty Per
Serious Violation
$2,500
$2,133
$2,153
$2,008
$2,000
$1,500
$1,000
$918
$998
$970
$1,053
$500
$0
FY07
FY08
FY09
FY10
Data Source: OIS Insp. Summary Rpt. Dated 9/17/13
FY11
FY12
FY13
St. Louis Area Office
Local/Regional/National Emphasis Programs
General Industry
Amputations
Nursing Homes
Forktruck
Chemical Plants
Grain Handling
Site-Specific Targeting Program
Logging/Sawmills
Primary Metals
Noise & Respiratory
Hexavalent Chromium
No Comprehensive 02
Recycling/Scrap Metal
Some Common
Violations
20
29 CFR Part 1904
Recording and Reporting Occupational
Injuries and Illnesses
21
Purpose (of the Rule)

To require employers to record and report
work-related fatalities, injuries and illnesses
– Note: Recording or reporting a work-related
injury, illness, or fatality does not mean the the
employer or employee was at fault, an OSHA rule
has been violated, or that the employee is eligible
for workers’ compensation or other benefits.

OSHA injury and illness recordkeeping and
Workers’ Compensation are independent of
each other
22
1904.4 – Recording Criteria
 Covered
employers must record each
fatality, injury or illness that:
– is work-related, and
– is a new case, and
– meets one or more of the criteria contained in
sections 1904.7 through 1904.11.
23
1904.7 – General Recording Criteria

An injury or illness is recordable if it results in
one or more of the following:
–
–
–
–
–
–
–
Death
Days away from work
Restricted work activity
Transfer to another job
Medical treatment beyond first aid
Loss of consciousness
Significant injury or illness diagnosed by a PLHCP
24
25
26
27
1904.32 – Annual Summary




Review OSHA Form 300 for
completeness and accuracy,
correct deficiencies
Complete OSHA Form 300A
Certify summary
Post summary
28
Major Revisions to the
Hazard Communication Standard

Hazard classification: Provides specific criteria for

Labels: Chemical manufacturers and importers will be required to

Safety Data Sheets: Will now have a specified 16-section

classification of health and physical hazards, as well as classification
of mixtures.
provide a label that includes a harmonized signal word, pictogram,
and hazard statement for each hazard class and category.
Precautionary statements must also be provided.
format.
Information and training: The Revised HCS requires that
workers be trained within two years to facilitate recognition and
understanding of the new labels and safety data sheets.
GHS Pictograms
Explosive
Flammable
Oxidizer
Compressed Gas
!
Acute Toxicity
Corrosive
Chronic Health
Hazard
Irritant
A sample GHS compliant label
Control – Isolate Electrical Parts Cabinets, Boxes & Fittings
Conductors going into them must be protected,
and unused openings must be closed
OSHA Office of Training & Education
32
Hazard – Improper Grounding
• Tools plugged into
improperly grounded
circuits may become
energized
• Broken wire or plug on
extension cord
• Some of the most
frequently violated OSHA
standards
OSHA Office of Training & Education
33
Questions?
ALL ABOUT OSHA
Missouri Association of Sheltered
Workshop Managers
October 7, 2014
Todd Sieleman
Compliance Assistance Specialist
Kansas City Area Office
sieleman.todd@dol.gov
What to Expect from OSHA

Types of inspections

Inspection Process (step-by-step)

Types of citations

Post inspection activity
What’s new
 Reporting fatalities/severe injury
requirements
 GHS - changes in Hazard
Communication Standard
3
What’s on the horizon

Injury Illness
Recordkeeping
Proposal
Written Programs

Hazardous Energy Control
(Lockout Tagout)

Electrical Safety

Hazard Communication

Personal Protective Equipment
(PPE)

Blood-Borne Pathogens

Machine Guarding
5
Types of Inspections
Accident/Fatality

Self Reporting

Media referral

Law Enforcement
Types of Inspections
Targeted Enforcement
National Emphasis Programs:

Hazardous Machinery (reduce workplace hazards likely to cause amputations)

Process Safety Management

Site-Specific Targeting
Types of Inspections
Targeted Enforcement
Local Emphasis Programs:

Falls, Overhead Power Lines

Powered Industrial Truck

Grain Handling Industries

Construction Following a Severe Weather Event

Logging and Sawmill Industries

Missouri Work Comp

Silica
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Types of Inspections
Observed Hazard
In Public View:

Generally construction activity
Types of Inspections
Complaint driven

Formal
 Informal
Types of Inspections
Complaint Driven
Formal

Current employee (or employee agent) signed complaint

Onsite inspection conducted

Partial inspection involving listed complaint items only

Inspection scope can be enlarged if plain view hazards are noted
Types of Inspections
Complaint Driven
Informal

Not an employee (may be any source)

No onsite inspection

Phone/fax

Determination of abatement
What to Expect in an Inspection

Opening conference:
Credentials displayed
 Union participation (if applicable)
 Purpose and inspection scope defined
 Copy of inspection complaint (if applicable)
 Advisement of employer and employee rights
 11c protection
 Private interviews with employees (union rep may be present if employee desires)
 Proprietary/confidential information
 Photography
 Personal Protective Equipment
 Request for OSHA Injury and Illness Logs (300 and 300a)

What to Expect in an Inspection

Examination of Written
Programs:
All programs if inspection
scope is comprehensive
 Select programs if partial
inspection

What to Expect in an Inspection

Workplace Walk-through:
All areas if inspection scope is comprehensive
 Select areas if partial inspection

What to Expect in an Inspection

Documentation of Noted
Hazards:
Photographs
 Sketches
 Interviews

What to Expect in an Inspection

Closing Conference:
Noted Hazards
 Abatement date
 Citation posting (3 days or until hazard corrected)
 Employer and employee rights

Post Inspection Activity

Agreement with citation issuance and payment of assessed penalty

Informal conference

Contest citation

After 15 working days all citations become final order
What’s new
 Reporting
fatalities/severe injury requirements
(Old) Fatality or hospitalization of 3 or more employees reported
within 8 hours
(New) Fatality within 8 hours. Any hospitalization, amputation, loss of
an eye - 24 hours.

Starting in 2015, employers will have to report the following to OSHA:

• All work-related fatalities

• All work-related inpatient hospitalizations of one or more employees

• All work-related amputations

• All work-related losses of an eye
What’s new
 Reporting
fatalities/severe injury requirements
All employers under OSHA jurisdiction must report all work-related fatalities,
hospitalizations, amputations and losses of an eye to OSHA, even employers
who are exempt from routinely keeping OSHA injury and illness records due to
company size or industry.
An amputation is defined as 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.
What’s new
 Globally

Harmonized System
Aligning HazCom with United Nations’ global chemical labeling system
What’s new
 Globally
Harmonized System

Employers must train workers on the new label requirements; signal word
“Warning” or “Danger”, Pictograms and SDS format by December 1, 2013

Chemical manufacturers, importers, distributors and employees must
comply with all modified provisions of the final rule by June 1, 2015.
Distributors may ship under old system until December 1, 2015

June 1, 2016, all program elements in place
GHS Pictograms
Explosive
Flammable
Oxidizer
Compressed Gas
!
Acute Toxicity
Corrosive
Chronic Health
Hazard
Irritant
A sample GHS compliant label
What’s on the Horizon
What’s on the Horizon
Recordkeeping
 OSHA
issued proposed rule (Stage 3) in Nov 2013 to add
requirements for electronic submission of injury and illness
information employers are already required to keep under existing
standards, Part 1904.
What’s on the Horizon
Recordkeeping

The Proposal would require:
 Employers with more than 250 workers to electronically submit
data on a quarterly basis
 Those with 20 to 250 workers to e-file annually
 11 to 20; e-file if notified.

Under the proposed new rule, around 440,000 companies will be
subject to requirement to report injury and illness rates.
Approximately 220,000 currently report

All data from the OSHA log would be public information EXCEPT the
employee name
Stage 1
Making the Decision:
Conducting
Preliminary
Rulemaking Activities
Stage 2
Developing the Proposed
Rule
12-36 mos
12-36 mos
Stage 3
Publishing the
Proposed Rule
Stage 4
Developing & Analyzing
the Rulemaking Record
2-3 mos
6-24 mos
Stage 5
Developing the Final
Rule
18-36 mos
Stage 6
Publishing the Final
Rule
2-3 mos
Stage 7
Post Promulgation
Activities
4-12 mos
12.5 years…
Semi Annual Regulatory Agenda June 2014
Written Program Requirements

Hazardous Energy Control (Lockout Tagout)

Electrical Safety

Hazard Communication

Personal Protective Equipment (PPE)

Blood-Borne Pathogens

Machine Guarding

Powered Industrial Truck
Hazardous Energy Control 1910.147
Hazardous Energy Control
Hazardous Energy Control
Note: Exception: The employer need not document the required procedure for a
particular machine or equipment, when ALL of the following elements exist: (1) The
machine or equipment has no potential for stored or residual energy or
reaccumulation of stored energy after shut down which could endanger employees;
(2) the machine or equipment has a single energy source which can be readily
identified and isolated; (3) the isolation and locking out of that energy source will
completely deenergize and deactivate the machine or equipment; (4) the machine
or equipment is isolated from that energy source and locked out during servicing or
maintenance; (5) a single lockout device will achieve a locked-out condition; (6) the
lockout device is under the exclusive control of the authorized employee performing
the servicing or maintenance; (7) the servicing or maintenance does not create
hazards for other employees; and (8) the employer, in utilizing this exception, has
had no accidents involving the unexpected activation or reenergization of the
machine or equipment during servicing or maintenance.
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Electrical Safety 1910.333 - 334- 335
Electrical Safety

https://www.osha.gov/dte/grant_materials/fy07/sh-16615-07/train-thetrainer_manual2.pdf
Electrical Safety
Electrical Safety




1910.303(b)(2)Installation and use. Listed or labeled equipment shall
be installed and used in accordance with any instructions included in
the listing or labeling.
1910.303(b)(6)Deteriorating agents. Unless identified for use in the operating
environment, no conductors or equipment shall be located in damp or wet
locations; where exposed to gases, fumes, vapors, liquids, or other agents that
have a deteriorating effect on the conductors or equipment; or where exposed
to excessive temperatures.
1910.303(b)(7)Mechanical execution of work. Electric equipment shall be
installed in a neat and workmanlike manner
1910.303(b)(7)(i)Unused openings in boxes, raceways, auxiliary gutters,
cabinets, equipment cases, or housings shall be effectively closed to afford
protection substantially equivalent to the wall of the equipment
Electrical Safety

1910.303(b)(7)(iv)There shall be no damaged parts that may adversely
affect safe operation or mechanical strength of the equipment, such as parts
that are broken, bent, cut, or deteriorated by corrosion, chemical action, or
overheating.

1910.303(b)(8)(i)Electric equipment shall be firmly secured to the surface on
which it is mounted

1910.303(g)(1)(ii)Working space required by this standard may not be used
for storage. When normally enclosed live parts are exposed for inspection or
servicing, the working space, if in a passageway or general open space, shall be
suitably guarded.

1910.304(g)(5)Grounding path. The path to ground from circuits, equipment,
and enclosures shall be permanent, continuous, and effective

1910.305(b)(1)(i)Conductors entering cutout boxes, cabinets, or fittings shall
be protected from abrasion, and openings through which conductors enter shall
be effectively closed

1910.305(b)(1)(ii)Unused openings in cabinets, boxes, and fittings shall be
effectively closed.
Hazard Communication 1910.1200
Hazard Communication
Written Plan
All workplaces where employees are exposed to hazardous chemicals
must have a written plan that describes how the standard will be
implemented in that facility.
Labels
All containers of hazardous chemicals must be labeled, tagged, or
marked with the identity of the material and appropriate hazard
warnings
Safety Data Sheets (SDSs)
Chemical manufacturers and importers obtain or develop an SDS for each
hazardous chemical they produce or import.
Distributors provide their customers copy of these SDSs.
Employers must have an SDS for each hazardous chemical they use.
Hazard Communication
Training
Each employee who may be exposed to hazardous chemicals when
working must be provided information and trained prior to initial
assignment to work with a hazardous chemical, and whenever the
hazard changes.
Personal Protective Equipment 1910.132

https://www.osha.gov/Publications/osha3151.pdf
Personal Protective Equipment
Personal Protective Equipment
What should employees do?
Personal Protective Equipment
Personal Protective Equipment
Personal Protective Equipment
https://www.osha.gov/dcsp/compliance assistance/sampleprograms.html
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Machine Guarding General Requirements 1910.212

1910.212(a)(1)Types of guarding. One or more methods of machine
guarding shall 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, two-hand
tripping devices,electronic safety devices, etc.
What hazards exist?
Crushed
by or drawn into equipment
Struck
by moving parts
Struck
by failed components or particles
Key parts of machines
1.
Point of operation: where work is performed
on the material, such as cutting, shaping, boring,
or forming of stock.
2.
Power Transmission Device: transmits energy
to the part of the machine performing the work

Includes flywheels, pulleys, belts, connecting rods,
couplings, cams, spindles, chains, cranks, and gears.
Key parts of machines
3.
Operation Controls: Control mechanisms
4.
Other moving parts: can include reciprocating,
rotating, and transverse moving parts, feed
mechanisms, and auxiliary parts of the machine
Hazards to be Guarded
Things
to guard include
In-running nip points
Rotating equipment
Flying chips or sparks
Belts or gears
Parts that impact or shear
Rotating Parts
Can
grip hair or clothing
Can
force the body into a dangerous position
Projecting
pieces increase risk
In-Running Nip Points
Between
2 rotating parts
Between
rotating and tangential parts
Between
rotating and fixed parts which shear,
crush, or abrade
Reciprocating Parts
Risk
of being struck between stationary and
moving part
Transverse motion
Continuous
Worker
point
straight line motion
struck or caught in pinch or shear
Cutting action
Direct
injury from cutting action
Flying
chips or sparks
Saws,
drills, lathes, mills
Punching action
Ram
stamps materials
Danger
at point of operation
Shearing action
Powered
Hazard
blade that shears materials
at point of operation
Bending action
Power
applied to a slide to stamp/shape materials
Hazard
at point of operation
Guarding Principles
Prevent
contact between hazardous moving
parts and body or clothing
Secure
Protect
guard: not easily removed
from objects falling into machinery
No
new hazards: sharp/rough edges
No
interference with job/comfort/speed
Allow
safe lubrication: without removing guards
if possible
Guarding Methods
Location
/ distance
Guards
Fixed
Interlocked
Adjustable
Self-adjusting
Guarding Methods
Devices
Presence
sensing
Pullback
Restraint
Safety
etc.)
Gates
controls (tripwire cable, two-hand control,
Guarding Methods
Feeding
& ejection methods
Automatic and/or semi-automatic feed and
ejection
Robots
Miscellaneous
aids
Awareness barriers
Protective shields
Hand-feeding tools
Fixed Guard
Barrier
is a permanent part
of machine
Preferable
over other types
Interlocked Guard
Stops
motion when guard is opened or removed
Interlocked
guard on
revolving drum
Adjustable Guard
Barrier
may be
adjusted for
variable
operations
What are the
drawbacks?
Bandsaw blade
adjustable guard
Self-Adjusting Guard
Adjusts
according to size/position of material
Circular table saw
self-adjusting guard
Pullback Device
Cables
attached to
operator’s hands or
wrists
Removes
hands from
point of operation
during danger period
What
are the
drawbacks?
Restraint Device
Cables
attached to
fixed point and wrists
or hands
Adjustable
to let
hands travel in
predetermined area
May
be accompanied
by hand-feeding
tools
Safety Tripwire Cable
Device
located
around the perimeter
of or near the danger
area
Operator
must be
able to reach the
cable to stop the
machine
Two-Hand Control
Requires
constant
pressure on both
pads to activate the
machine
Hands
on controls at
safe distance while
machine is in
dangerous cycle
Gate
Must
start
close fully to protect user before cycle will
Gate Open
Gate Closed
Safeguarding by Location/Distance
Location
of hazardous parts that is inaccessible or
not a hazard during normal operation
Must
maintain safe distance
Training,
warning, communication necessary
Protective Shields
Protection
Do
from flying particles or splashing fluids
not protect
completely from
machine hazards
1910.212(a) Machine guarding
1.
One or more types of guarding to protect from
hazards.
 Barrier guards
 Two-hand tripping devices
 Electronic safety devices
 Etc.
2.
Affixed to machine where possible
 Guard must not cause its own hazard
1910.212(a) Machine guarding
3.
Point of operation guarding:
ii.
Guarded if exposes employee to injury

Keep any part of body out of danger zone
iii.
Hand tools to permit material handling – in
addition to guards, not instead
iv.
Examples of machines requiring guards on
point of operation
1910.212(a) Machine guarding
4.
Revolving barrels, drums, containers guarded by
interlocked enclosure (cannot turn without guard
in place)
5.
Exposure to fan blades: guard openings 1/2
inch
1910.212(b) Anchoring fixed machinery
Machines
designed for fixed location must be
anchored to prevent moving
This pedestal grinder
is designed for
anchoring, but is not
anchored
1910.215(a) General requirements
Abrasive
wheels
must be guarded,
with exceptions
Guard
design
dependent on type of
work and type of
wheel
1910.215(a) General requirements
Work
rests:
Rigid, clamped in place securely
Adjusted to within 1/8 inch of wheel
Never adjusted while in motion
Work rest is closely
adjusted
1910.215(b)(9) Exposure adjustment
For
type where operator
stands in front of
opening: Adjustable for
decreasing wheel size
Adjustable
tongue guard
must never be more
than ¼ inch from wheel
1910.215(d) Mounting
Inspect
for damage and ring test immediately
before mounting
Tap with light nonmetallic implement
(screwdriver, wooden mallet)
If sound is dead, cracked ring may not be used
Check
spindle speed against maximum for wheel
Compliance Assistance
State
Onsite Consultation
Duty
Officer
Website:
www.osha.gov
QUESTIONS
www.osha.gov
Kansas City Area Office
816-374-9572
Confined Space
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