Welcome
To Chicago !
IEHA Members
PLEASE
Silence
Your phones, pagers or other electronic equipment.
Thank you!
OSHA in the Cleaning
Industry
John M. Poole, Jr. ,
Master REH, RBSM, I.C.E
I.C.E. Assessor
Authorized OSHA Outreach Trainer
“Every day when you wake up the
world has changed. Your job is to
figure out how, and what you’re
going to do about it.”
Unknown
Question’s to consider
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What is it we need to understand regarding safety?
Are we practicing safe work habits currently ?
How much time a month is devoted to safety?
What do you perceive to be the objections to safety?
How can you improve on safety at your job site?
Do you have upper management support?
What could you change about your safety planning and
training in your workplace?
Our Focus
• Will be to examine how the codified regulations apply to us in
the cleaning industry.
• Review parts of the regulations that are especially important
to us.
• Implementation of a safety plan.
• Accident Investigation. What is our plan.
• Training thoughts.
• Point of reference to consider.
Historical Background
• Industrial Evolution.
• Rail roads and Mining. Principal industries driving the labor
market.
• Was Safety a concern then?
• Expendability of the Human asset.
• Triangle Shirtwaist Factory Fire-March 25,1911
Triangle Waist Company
Triangle Shirtwaist Factory Fire
Statistics
• Date: March 25,1911
• Time: Saturday, 4:40 PM
• Location: Asch Building, 23-29 Washington Place Manhattan,
New York
• Injured: 71
• Deaths: 146 (Oldest was 48 – youngest 11)
• Total employed : 500
• Cause was a cigarette match accidentally discarded beneath a
table of scrap material.
Triangle Factory
• Owners were indicted by a grand jury on April 11th on seven
counts of manslaughter in the second degree, which
mandated that the doors should not be locked during working
hours. On December 27th, the jury acquitted Max Blanck and
Isaac Harris of any wrong doing. The jury was persuaded by a
defense attorney Max Steuer by planting doubt into their
mind that the owners knew that the doors was locked. The
survivors testified of their inability to open the only doors to
the escape routes. The other exit was already engulfed in fire.
Aftermath Triangle Fire
• March 11,1914, Harris and Blanck settled . They paid $75.00
per life lost. They received $460.00 more than the reported
losses, or about $400.00 per life
• August 1913, Max Blanck was again charged with locking the
doors of his factory during work hours. Was fined $20.00 and
the Judge apologized for this imposition.
Neglect of the Human Factor
• From Triangle Fire Reports from the Investigation:
• “The neglect of the Human Factor we have found many
preventable defects. Such a large number of workshops with
inadequate light, with no ventilation, water supply, toilet
accommodations, dressing rooms, etc. .The elimination of such
dangerous elements would stop misery caused by the
occupational diseases in certain industries.”
Attitude
• Rose Schneiderman, prominent social and union activist gave
a talk April 2, 1911. Her closing statement to the audience
was;
• She states:“ I can’t talk fellowship to you who are gathered
here. Too much blood has been spilled. I know from my
experience it is up to the working people to save themselves.
The only way they can save themselves is by a strong workingclass movement.”
Triangle Conclusion
So why do we have OSHA?
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Historical evidence suggestions.
Value of the Human Asset.
What drives the business enterprise? Profit.
The input of Labor Unions. Better conditions.
1960’s economic expansion led to rise in injury rates .
1970 Williams- Steiger - Occupational Safety and Health Act
was signed into Law creating OSHA.
Murphy’s Law
“If Everything seems to be going
well, You have obviously
overlooked something.”
General Duty Clause
• Section 5 (a):
• Subpart (1): Each employer shall furnish to each employee
employment and a place which are free from recognized
hazards that are causing or are likely to cause death or serious
physical harm to his employee.
• Subpart(2): The employer Shall comply with occupational
safety and health standards promulgated under this act.
General Duty Clause
• This Clause places additional responsibilities on the Employer
and safety manager to ensure that a safe work environment is
provided to all employees.
• Through the General Duty Clause, OSHA can issue a citation if
they feel that additional safety equipment or procedures are
necessary beyond what is requires in an OSHA Standard.
General Duty Clause
• Part B:
• Each Employee Shall comply with the occupational safety and
health standards and all rules, regulations, and orders issued
pursuant to this Act which are applicable to HIS Own actions and
conduct.
The Top Violations
October 2010-September 2011
SIC #7349
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Hazard Communication: 59 citations
General Requirements:57 citations
Respiratory protection: 56 citations
Vehicle mounted elevated platforms: 37 citations
Bloodboure Pathogens: 25 citations
Guarding floor/wall openings: 17 citations
Eye and face protection: 11 citations
Citation Expense
• So what’s the costs? SIC 7349 from 10/2010 to 9/2011. The
total was : $748,118
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Hazard Communication $40,238
General Requirements $107,283
Respiratory Protection $ 26,641
Vehicle mounted elevating and rotation platforms $80,409
Bloodbourne Pathogens $17,039
General Duty Clause $68,810
Guarding Floors $44,259
Eye and face protection $13,856
Penalty Violations*
• Other-Than-Serious-Violation- $0 to $1,000. Has direct relationship to job
safety and health but would not cause death or serious injury.
• Serious Violation- $1,500- $7,000 substantial probability of death of serious
injury may occur
• Willful Violation $5,000to $70,000 for each. The Employer intentionally and
knowingly commits.
• * An Employer who is convicted in a criminal proceeding of a willful violation
that has resulted in a death of an employee may be fined $250,000 or
$500,000,if a Corporation Includes a 6 month prison sentence. Seconds
conviction this is doubled.
• Repeated Violation-Within 3 years, up to $70,00 for each violation. OSHA can
adjusts the initial penalty for the size in multiples of 2,5 or 10 depending on the
size of the business.
• Failure to Abate- $7,000 per day with a civil penalty.
• Falsifying records, reports, applications, etc. upon conviction is a $10,000 or 6
months in jail or both.
• Violation posting requirements may bring a civil penalty of $7,000
• Assaulting, resisting, intimidation, interference a CSHO $5,000 and 3 years .
Remember!
Murphy says:
Left to themselves….
Things tend to go from Bad to Worse
So continually ask yourself:
>Where are we going in our training?
>What is my role in getting us compliant?
>How am I doing managing the safety
component?
Primary Components of the CFR
• As to the Cleaning Industry:
• Section 5(a)1- General Duty Clause
• Subpart A- General Safety and Health Standards.
• Subpart D- Walking and Working Surfaces
• Subpart E- Exit and Emergency Planning
• Subpart G- Occupational Health and Environmental Control
• Subpart H- Hazardous Materials
• Subpart I- Personal Protective Equipment
• Subpart J- General Environmental Controls
• Subpart K -Medical and First Aid
• Subpart L- Fire Protection
• Subpart O- Machine and Machine Guards
• Subpart P- Hand Tools, Portable Powered.
• Subpart S- Electrical
Primary Components of the CFR
• Subpart Z-Toxic and Hazardous Substances.
• Bloodboure Pathogens
• Hazard Communication (Right –To-Know)
• Occupational Exposure to hazardous chemicals in laboratories
I want to emphasize:
General Health and Safety Standards, Subpart A-1910.9(b):
Compliance Duties owed to each employee:
“ The employer must train each affected employee in the
manner required by the standard. Each failure to train an
employee may be considered a separate violation.”
An employer has the responsibility to train in a manner that
employees can understand. The language and vocabulary that
an employee understands must be used.
Subpart D
Walking-Working Surfaces
• 1910.22 General requirements:
• (a)(1)All places of employment, passageways, storerooms, and
service rooms shall be kept clean and orderly and in a sanitary
condition.
• (2) The Floor of every workroom, shall be maintained in a
clean and so as possible ,a dry condition. Where wet
processes are used drainage shall be maintained, and false
floors, platforms , mats, or other dry standing places should
be provided where practical.
Subpart D
Walking-Working Surfaces
• 1910.22(a)
• (3) To facilitate cleaning, every floor, working place, and
passageway shall be kept free from protruding nails , splinters,
holes or loose boards.
• 1910.22 (b):
• Aisles and passageways: (1): Where mechanical equipment is
used, sufficient safe clearances shall be allowed for aisles, at
loading docks, through doorways, and wherever turns or
passages must be made.
Subpart D
Walking-Working Surfaces
• 1910.22(2) (1) CONT’D:
• Aisles and passageways shall be kept clear and in good repairs,
with no obstruction across, or in aisles that could create a
hazard.
Incident-Subpart D
• Atlanta journal and constitution, Saturday,Aug.18,2007:
• “Woman wins $2.7 million verdict from Kroger for fall.”:
• A Gwinnett County jury awarded a woman and her family $2.7
million as a result of a fall in a Kroger store in Fayetteville. The
fall occurred June 7, 2008 as the 27 year old woman was
walking through Kroger store #490.The woman slipped and fell
on a puddle of liquid near a refrigerated cooler. She injured her
right wrist and developed a chronic condition called Complex
Regional Pain Syndrome. Kroger maintained it was not
responsible.
Bloodborne Pathogens
1910.1030(d)
• (4) Housekeeping:
• (i) General: Employers shall ensure that the worksite is
maintained in a clean and sanitary condition. The employer
shall determine an implement an appropriate Written
schedule for cleaning and method of decontamination based
upon the location within the facility, type of surface to be
cleaned, type of soil present and tasks or procedures being
performed in the area.
Bloodborne Pathogens
1910.1030 (d)
• (ii) All equipment and environmental and working surfaces
shall be cleaned and decontaminated after contact with blood
or (OPIM) Other Potentially Infectious Materials.
• (ii) [4]: Contaminated work surfaces shall be decontaminated
with an appropriate disinfectant after completion of
procedures: immediately or as soon as feasible…..
• Develop exposure control plans
• Records to be kept for 30 years plus the duration of
employment
Bloodborne Pathogen
continued
• Training:[1910.1030(g)(2)]: (i) The employer shall train each
employee with occupational exposure in accordance with the
requirements of this section. Training is provided at no cost to
the employee. The employer shall institute a training program
and ensure employee participation in the program.
• (ii): [A]Training shall be provided as follows: at the time of
initial assignment to tasks where occupational exposure may
take place.[B] at least annually thereafter.
Bloodborne Pathogens
Medical Records
• 1910.1030(h)(1)(ii): The records shall include:
(A): Name and social security number of the employee
(B): A copy of the Hepatitis vaccination status
(C):A copy of all results of examinations, medical testing.
(D):employers copy of healthcare professionals written
opinion.
(E): copy of information provided by the healthcare provider.
Bloodborne Pathogens
Training Records
• 1910.1030(h)(2):
Training records shall include :
[A]: The dates of the training
[B]: The contents or summary of the training session.
[C]: The names and qualifications of persons conducting the
training
[D]: Names and job titles of all persons attending the training
sessions.
(ii) training records shall be kept for 3 years from date of training
SubPart S
Electrical Safety
• Exposures to electricity.
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Repairs of equipment. Qualified person?
Reverse Polarity in wiring
Repairs of extension chords
Working around electrical panels or wall outlets
Stripping or scrubbing floors
Changing lamps
Using extension cords.
Subpart S :Electrical
• Keeping areas in front of electrical panels clear of
equipment.1910.303(g) . You must be able to open panel
doors. Depth of the area in front of the panel needs to be
clear from 3’ to 12’.
• 1920.304(b) (3): Extension cords GFCI are required for certain
branch circuits and receptacle outlets. An extension cord is
considered a receptacle and a flexible cord and cable. It is
considered “best practice” to issue to require portable GFCIs
when employees are extension cords and other temporary
wiring.
Subpart S
• You may have observed an extension cord in use as a
permanent solution. Well if you see this or if you are doing
this practice, it is a clear violation of 1910.305(g)(1)(iii).
Extension cords are only permitted to provide
maintenance(temporary).
• You can repair an extension cord. “ The wiring of the
completed assembly must be inspected by a qualified person
before the cord is used. Also a flexible cord must only be used
in continuous lengths without a splice or tap.
Subpart S -Electrical
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If you are in a Laboratory be mindful of:
Class I- Flammable gases or vapors in the air.
Class II- Combustible dust.
Class III- easily ignitable fibers and flyings
• Electrical equipment(energized) can arc or spark ; High
Temperatures; and Electrical equipment failure.
Subpart S -Electrical
• 1910.332(b)(1)- Training ;Employees must be trained in and
familiar with the safety related work practices required by
1920.331-.335 “That pertain to their respective job
assignments.”
• Training requirements are in three categories:
• Qualified employees who work on equipment
• Unqualified employees who work around equipment and may
face a risk of electrical contact.
• Unqualified employees who face a low risk of electrical hazards.
Emergency Action Plans-CFR
1910.38
• (b):“ An emergency action plan must be in writing, kept in the
work place , and available to employees for review. However,
an employer with 10 or fewer employees may communicate
the plan orally to employees.”
• (c)At a minimum the action plan must have:
• Procedures for reporting a fire or other emergency
• Procedures for evacuation plan, type of evacuation, and exit
routes
• Procedures to account for all employees.
Emergency Action Plans
1910.38
• (c):Minimums required:
• Procedures employees must follow performing rescue or medical
duties.
• The name or job title of every employee who may be contacted
by employees who need more information.
(e)Training: An employer must designate and
train employees to assist in a safe an orderly
evacuation of other employees.
(f) Review: If you have a new employee, there
are any changes to the plan, or when an
employees responsibility changes.
Subpart K;
Medical and First Aid
• 1910.151: (b): In the absence of an infirmary, clinic, or hospital
, in near proximity to the workplace, which is used for the
treatment of all injured employees, a person or person shall
be adequately trained to render first aid. Adequate first aid
supplies shall be available.
• (c): Where the eyes or body of any person to be exposed to
injurious corrosive materials. Suitable facilities for quick
drenching or flushing of the eyes and body shall be provided
within the work area for immediate emergency use.
Interpretive Thoughts
• ,” it is the employers responsibility to determine which job
classification or specific tasks and procedures involve
occupational exposure.”
• “If OSHA determines , on a case by case basis, that sufficient
evidence of reasonable anticipated exposure
exists the employer will be held responsible for providing the
protection afforded by the coded federal regulations to the
employee with occupational exposure.”
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From a Letter ruling: Bloodbourne Pathogen 6/1/1992
Murphy Says
“If there is a possibility of several
things going wrong, the one that will
cause the most damage will be the
one to go wrong.”
How smart is this guy?
Chance favors the prepared mind~
Louis Pasteur
Operational Safety
• Organize yourself through the performance of a Job Safety
Analysis at your site.
• Begin by a review all of your previous accidents and injury
reports. Examine these facts.
• Ask your employees to describe their jobs and their training
needs. Have them participate. Get the Buy-in!
• Observe employees at work. What are their exposures?
Operational Safety
• Job Hazard Analysis:
• A job hazard analysis is a way to focus on job tasks as a way to
identify hazards before they occur. The focus is on the worker, the
task being performed, the tools involved, and the work
environment.
• As stated earlier begin with the your accident /injury reports.
Jobs with the Highest accident/injury rate. Jobs that have the
potential to cause severe disability or injury, even if this has not
been experienced. Look to your job classifications.
• Job’s that are new to your organization or complex.
What do you think?
Job Safety(Hazard) Analysis
• After these are assembled you will be able to identify hazards
in the cleaning processes you are using. Team or assignment
cleaners. You effort in observing the work is critical.
Regardless of the job being routine, non-routine or special.
You may even find a better way to do the job. Save time which
converts to $$ dollars .
• Ask :
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What can go wrong?
What are the consequences?
How could it happen?
What are the contributing factors? Events happening too fast,
ie.wet floors, falling objects.
Sample Job Safety Analysis
Job Location:
Analyst:
Task Description:
Floor technician
Hazard Description
Wet floor; chemical splash,
electrical hazard, wall damage,
pedestrian traffic, cord
exposure.
Hazard Controls
Safety shoes; wet floor
signs(barricades); GFCI
extension cords, equipment
use training; goggles, gloves
Analysis
• Some jobs can be broken down into steps of process. List the
steps, in order of occurrence. Describe the action by the
cleaner as they perform the steps. Try not to be complicated.
• After recording the data look at the potential risk. Reaching
into a trash container :(needle stick, laceration). Cord across a
doorway: (trip)
• Ask how can you avoid the risk by determining if the job can
be performed in a way to eliminate the hazard, PPE,
Workplace control/engineering.
Data Utilization
• The job classification is established, their associated risk has
been determined by audit, observation, and knowledge.
• Ask: can the task be avoided, or engineered to be mitigated
through personal protective equipment, or other workplace
practices.
• Finally, your training must reflect how to effectively avoid or
eliminate the exposure.
• If you cannot avoid exposure your management should be
informed of the circumstance.
Are we having Fun Yet?
Training
• A good source is your Vendors. They can be a good third party
to use in your training curriculum.
• From your analysis explain the exposures to the cleaners.
They have a right to know.
• Be certain they understand training is mandatory and the
procedures taught from the training are to be followed. You
must be firm here. Safety can be undermined by your actions
or lack of discipline. Remember: Subpart b: “General Duty
Clause”.
Training
• In your meeting talk about what matters. Keep the focus.
Actionable communication. Make exposures ,not outcomes
the major theme.
• “ How you communicate is just as important as what you
communicate. Use optimistic language, challenge old ideas,,
coach others and be constructive as to what you say.”
From Safety and Health : June 2012
Dan Martin- V.P.,BST consulting
YOU… make the difference
• “ Be the change you wish to see in others.”
• Mahatma Gandhi
• “To remain personally and professionally competent with your
global environment, it is imperative that you take
responsibility for personal leanings. This is the competitive
weapon of choice.”
• John Butler ~ author
Competent Person
• “A competent person should be able to identify hazards
associated with a particular operation, and can mitigate those
hazards.”
• This standard is taken from the construction regulations CFR
1926. However, we need to transcend some here because we
have some similar operations. This I interpret to mean, we all
need to develop a competency in the entire process. By
understanding what is occurring we can identify hazards and
risks quickly.
Training Ideas
• Formalized training with a question and answer session.
• Demonstrations: this is where you can use your vendors to
assist you. This is powerful in engaging the cleaner.
• Coaching: the goal is to improve the cleaner’s performance.
You or the supervisor or veteran employee can be part of this
training.
• The key is engaging the cleaner and teaching the skill or
knowledge.
Suggestions in Training
• Know your subject.
• Communicate in a manner that everyone understands what
you are trying to teach.
• Question and Answer. Encourage questions!
• Observe the cleaner working. Are they following the
prescribed processes.
• Use test to drive the information home. Even if it is opened
discussion about the questions. Make them engage and speak.
• Document your Training with sign in sheets, giving the name,
date , location and time of training.
This ain’t too Smart.
Accident Defined
• “ The final event in an unplanned process that results in injury
or illness to an employee /customer and possibly damage to
property.
• Why investigate:
• To save lives, prevent future injury or illness, prevent damage to
property, to save money.
Accident Investigation
• Do you have a Written Plan of how to conduct an accident
investigation? Proper response or “Keystone Cops”.
• Communicate the Plan. Explain how the investigation is going
to be handled. Imperative that you reassure staff you are
finding blame, but the causation. People must feel secure in
giving the report.
• Do you have an Accident Kit?
• Digital camera, gloves, tape, forms, tape measure.
• Use of a tape recorder ONLY with Permission.
6 STEPS
Gather information
Preserve and document the scene
Collect facts through interviews
Analyze the facts
Develop event sequence
Determine causes
Implement Solutions
Recommend improvements
Write report
Gathering The Facts
• I suggest that as soon a possible separate your witnesses. You
do want a collaborative answer to your questions. Memory
fails or is altered over time.
• Ask Open Ended Questions. It is important not to put the
person in a defensive position, especially if they could be the
principal party to the accident.
• See the scene. Look at the scene and compare the facts given
to you. Look from all angles. Contributing factors present.
Interviewing
• Do Not “Lead the Question” toward a conclusion. Let the
interviews go their own course. Make certain they understand
the question.
• Have a place to conduct the interviews. Keep private so others
will not be able to interrupt or input events they may or may
not have observed.
• Find out what was happening in the area prior to the accident,
during the accident and after the accident.
Notifications
• Who to notify? Human Resource Office, Immediate
Supervisor, Family.
• Who contacts emergency service’s? Police, Fire/ EMT’s.
• Who conducts the investigation, if not you?
• What Training does an investigator need?
• Who receives the accident reports and who acts on the
report?
• Timetable for the investigation and follow-up.
The Sequence of Events
• Describe what happened in detail and to whom or what was
injured or damaged.
• Paint a clear picture of what happened.. You need to be able
to describe so that unfamiliar people can see what happened.
• Do not be vague or too general. Be specific as best you can
given the facts.
• What was said before and after the event.
• Who was involved.
Broad Causes of Accidents
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Inadequate training
No discipline procedures
No orientation process
No accountability policy
Inadequate labeling
No Inspection policy
Nature is getting smarter
Practice What You Preach
• A court decision was handed down,7/2009:
• “an employer can be charged with constructive knowledge of
a safety violation that supervisory employees know or should
reasonably know about.”
• Which means: You have a responsibility to make sure
employees are complying with safety procedures taught in
training.
Global Harmonization
• The GHS updated the HAZARD Communication Standard by
incorporating the United Nations ‘Global Harmonized System
of Classification and labeling of Chemicals’
• Points:
• Classification of Chemicals under the new system is data driven,
providing a more harmonized results.
• The updated rule will require all Labels and Safety Data Sheets to
have the same format.
GHS continued
• All labels are standardized with the same information being
shown in the same place.
• The use of pictograms on Labels will be valuable to the
employee in providing a visual reminder of hazards they are
working with all the time.
• The SDS will have a 16 point format whereas the MSDA only
had 8 point format.
• December 1,2013, employers will have to train employees on
the new formats and labels.
Conclusion-Discussion
• You need a copy of the Codified Federal Regulations. Study
this material.
• You need to learn safety. Be able to recognize the Hazards,
the potential for a Lethal exposure
• Take a 10 hour Course.
• Tell your Upper Manager you can save money be reducing
accidents, or possible exposures in the work place to
occupants, and cleaner. They must be involved and support
your efforts!
Final thought
• Who do we rely on to protect the Staff?
• How does training and education become the foundation of
your work culture? Attitudes through all levels of an
organization reflects the priority the company places on
safety. A healthy workplace is one that positions safety as a
Top Priority Year after Year.
Useful Websites
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OSHA: www.osha.gov
National Safety Management Society: www.NSMS.com
Business and Legal Resources: www.BLR.com
Dept. of Labor: www.dol.gov
Manncom publishers: www. Manncom.com
Nat’l. Pesticide Information Center: www:npic.orst.edu
J.J.Keller and Co.: jjkeller.com
Thank you!
Have
Greatis: Show!
ContactA
Information
• jmpoole_co@yahoo.com