Tag: OSHA

21
Oct

OSHA’s Stance on Distracted Driving

The top priority of the Occupational Safety and Health Administration (OSHA) is keeping workers safe. While workplace fatalities have been decreasing in recent years, motor vehicle crashes continue to be one of the leading causes of death among American workers. As distracted driving dramatically increases the risk of vehicle accidents, OSHA and the Department of Transportation (DOT) are working together to combat distracted driving for the safety of workers across the country.  Download the PDF version Design © 2016 MyTPG.com  All rights reserved. OSHA’s Distracted Driving Initiative According to OSHA, employers should prohibit any work policy or practice that requires or encourages workers to text while driving, as it greatly increases the risk of being injured or killed in a motor vehicle crash. While texting is not specifically addressed as an OSHA standard, the General Duty Clause in The Occupational Safety and Health Act of 1970 (OSH Act) covers distracted driving by stating, “employers must provide a workplace free of serious recognized hazards.” It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality, and a number of state laws prohibit texting while driving. This means you could be in violation of the OSH Act if your company does the following: Requires employees to text while driving Organizes work so that texting is a practical necessity even if not a formal requirement Provides any sort of financial or other incentives that encourage workers to text while driving If OSHA receives a credible complaint that an employer enforces or encourages any of these activities, they will investigate and, where necessary, issue citations and penalties to end such practices. Supporting Safety in Your Workplace Since distracted driving falls under the General Duty Clause and not a specific standard, there are no direct guidelines for how you must protect employees from the dangers of distracted driving. It is up to you as the employer to institute your own measures to keep employees safe. The easiest way to do this is to develop a policy that outlines how employees are to use mobile devices while carrying out their duties. Specifically noting that texting while driving is not allowed not only protects employees but also will keep your company from violating OSHA regulations. Click here for more on OSHA’s Distracted Driving initiative. Download the PDF version […]

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14
Oct

Maintain Proper Electrical Panel Clearances

Electrical panel clearances: Electrical panels can be found in just about every business. However, because they are not typically out in the open or inspected daily, it’s easy to overlook electrical panels and the potential risks associated with them. Download the PDF version This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2019 MyTPG.com All rights reserved. Without the proper precautions, things like exposed wires, faulty components and improper grounding create a host of exposures—exposures that can severely disrupt or harm an organization. But of all the concerns associated with electrical panels, one common and often overlooked issue relates to maintaining proper clearances. This Risk Insights provides a general overview of the dangers associated with improper electrical panel clearances and the related Occupational Safety and Health Administration (OSHA) and National Electrical Code (NEC) requirements. Why Maintain Proper Clearances? Simply put, businesses must maintain proper clearances around electrical panels to promote ease of access during service, repair and operational procedures. The following are some common scenarios where electrical panel clearance is critical and directly affects the safety and well-being of your employees: Shutting down equipment during an incident—In the event of an equipment malfunction or similar safety incident, workers must be able to access electrical panels. This allows them to easily shut off potentially harmful equipment and secure the work area. This is particularly important for equipment that does not feature an emergency shut-off switch. Repairing and maintaining electrical panels—When panels are obstructed, they are more difficult to access and maintain. What’s more, if a worker is servicing an electrical panel and has to contend with nearby obstacles, they are more likely to make a mistake or injure themselves. This risk is compounded if the employee is working on live electrical components. Storing materials and performing work—Businesses that store hazardous or combustible materials too close to electrical panels run the risk of starting fires. What’s more, when employees perform work nearby an electrical panel, they could accidently hit or damage it, creating potential electrocution hazards. To help organizations maintain the proper clearances and ensure workplace safety, OSHA and the NEC have specific clearance requirements all organizations must follow. An Overview of Electrical Panel Clearances There are a number of clearance distances established by OSHA and the NEC that must be maintained at all times. These clearances relate specifically to the depth, width and height of the working space around electrical equipment. Depth While the minimum depth clearance distance is 2.5 feet for installations built before April 16, 1981, there are a number of more precise requirements depending on voltage and what OSHA and NEC guidelines call conditions: Condition A—There are exposed live parts on one side of the working space and no live or grounded parts (e.g., concrete, brick or tile walls) on the other. Under these conditions, the clearance distances are 3 feet for any voltage between 0 and 600. Condition B—There are exposed live parts on one side of the working space and grounded parts on the other. Under these conditions, the clearance distances are 3 feet for voltages between 0 and 150, and 3.5 feet for voltages between 151 and 600. Condition C—There are exposed live parts on both sides of the working space. Under these conditions, the clearance distances are 3 feet for voltages between 0 and 150, and 4 feet for voltages between 151 and 600. Please review the chart below for more detail. Width In addition to the above, there are clearance requirements as they pertain to the width of a working space around electrical equipment. Specifically, the working space around electrical equipment must be as wide as the equipment or 30 inches, whichever distance is greater. Height The required height of a working space around electrical equipment will largely depend on when a particular installation was built: For installations built before Aug. 13, 2007, the height of the working space must be 6.25 feet. For installations built on or after Aug. 13, 2007, the height must be at least 6.5 feet from the floor, grade or platform. It can’t be lower than the height of the equipment. In addition, all panel doors must be able to open at least 90 degrees to allow clear access. A Lasting Solution While it’s important to understand the risks and requirements associated with electrical panel clearances, it’s equally important to implement workplace controls to mitigate risks long term. While a business can comply with OSHA and NEC rules by simply moving materials away from a panel, this does not address underlying issues that create clearance concerns in the first place. To ensure your organization adopts proper electrical panel protocols, consider training employees on the applicable requirements. In addition, it’s a good idea to clearly label working spaces that are affected by the rule, using signage, barricades and floor markings to indicate required clearance distances. Download the PDF version […]

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30
Sep

OSHA Recordkeeping Forms

The Occupational Safety and Health Act (OSH Act) requires covered employers to prepare and maintain records of certain occupational injuries and illnesses. The Occupational Safety and Health Administration (OSHA) is responsible for administering the recordkeeping forms and the system established by the OSH Act. Download the PDF version This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2016, 2020 www.MyTPG.com All rights reserved. OSHA requires employers to use Forms 300, 300A and 301 to satisfy their recordkeeping obligations under the OSH Act. However, not all injuries are recordable incidents. When an employee is injured at work, employers must first determine whether the injury is work-related and whether any recording criteria applies. This Compliance Overview describes employer recordkeeping requirements under the OSH Act and provides some guidelines employers can follow to determine whether an injury is a recordable incident. Recordkeeping Forms Reporting Report work-related fatality within eight hours Report inpatient hospitalization, amputation or loss of an eye within 24 hours. OSHA annual electronic reports are due by March 2 Sectioned Information Applies to employers if: They have more than 10 employees; and Are not classified as a partially exempt. Use OSHA Forms 300, 300A and 301. Form 300A must be posted every year from Feb. 1 to April 30 Links and Resources – OSHA Injury and Illness Recordkeeping and Reporting Requirements website – OSHA Forms – 300, 300A and 301 Employers Subject to OSHA The OSH Act covers private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions, either directly through federal OSHA or through an OSHA-approved state program.  Employees who work for state and local governments are not covered by federal OSHA, but may have OSH Act protections through an OSHA-approved state program. Federal agencies must have a safety and health program that meets the same standards as those applicable to private employers. Although OSHA does not fine federal agencies, it does monitor federal agencies and responds to worker complaints. The United States Postal Service (USPS) is covered by OSHA. The following individuals are not covered by the OSH Act: Self-employed individuals; and Immediate family members of farm employers that do not employ outside employees. In addition, OSHA does not regulate workplace hazards that fall within the jurisdiction of other federal agencies, such as the Mine Safety and Health Administration or the Federal Aviation Administration. Recordkeeping Forms Exemptions                                 OSHA recognizes two exemptions from its recordkeeping requirements: Employers with 10 or fewer employees; and Establishments in identified partially exempt industries. The list of partially exempt industries includes low-hazard industries such as retail, service, finance, insurance and real estate. These industries are known as partially exempt industries because the exemption applies to recordkeeping requirements but not to the reporting obligations an employer may have in case of work-related fatalities and severe injuries. OSHA updated the list of partially exempt industries with a final rule that became effective on Jan. 1, 2015. Employers may access the list of partially exempt industries by visiting OSHA’s website. REQUIRED OSHA RECORDKEEPING FORMS Employers subject to OSHA’s recordkeeping regulations must prepare and maintain records of serious work-related injuries and illnesses using OSHA Forms 300, 300A and 301. Form 300 (Log of Work-Related Injuries and Illnesses): This form is used to classify work-related injuries and illnesses and to note the extent and severity of each case. When an incident occurs, employers must use Form 300 to record specific details about what happened and how it happened. Form 300A (Summary of Work-Related Injuries and Illnesses): This form shows the total number of work-related injuries and illnesses for the year in each category. At the end of the year, employers must post the Form 300A in a visible location so that employees are aware of the injuries and illnesses occurring in their workplace. When an employer has more than one establishment, a separate summary must be kept at each physical location that is expected to be in operation for one year or longer. Form 301 (Injury and Illness Incident Report): This form must be filled out within seven calendar days after an employer receives information that a recordable work-related injury or illness occurred. This report includes information about the employee and the treating physician, and detailed information about the case. Employers must keep this report on file for five years following the year it pertains to. Which Work-Related Injuries and Illnesses Should Be Recorded? Employers must record work-related injuries and illnesses that result in: Death; Loss of consciousness; Days away from work; Restricted work activity or job transfer; or Medical treatment beyond first aid. Other Recordable Work-related Injuries and Illnesses Employers must also record work-related injuries and illnesses that are significant or meet any of the additional criteria listed below. Significant Injuries and Illnesses Employers must record any significant work-related injury or illness that is diagnosed by a physician or other licensed health care professional. Most significant injuries and illnesses will result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. According to OSHA, all work-related cases involving cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums must be recorded at the time of diagnosis by a physician or other licensed health care professional even if medical treatment or work restrictions are not recommended, or are postponed. Additional Criteria Employers must record the following conditions when they are work-related: Any needlestick injury or cut from a sharp object that is contaminated […]

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2
Sep

CHECKLIST: Elements of a Successful Safety and Health Program

Every business wants to do all they can to prevent injuries from occurring on the job. A serious fire, a permanent injury, or the death of an employee or owner can cause loss of profits or an entire business. To prevent such losses, you don’t need to turn your business upside down. You may not have to spend a lot of money, either. You do need to use good business sense and apply recognized prevention principles, included in a successful safety and health program. Download the PDF version Design © 2009-2010, 2020 www.MyTPG.com All rights reserved. There are reasons why accidents happen; something goes wrong somewhere. It may take some investigating to determine what went wrong, but an accident always has a cause. Once you know why an accident occurred, it is possible to prevent future incidents. You will need some basic facts and perhaps some help from others. You will also need a plan to prevent accidents in the future. Not all dangers require an accident to cause harm. Worker exposure to toxic chemicals or harmful levels of noise or radiation may happen in conjunction with routine work as well as by accident. You may not realize the extent of the exposure or harm that you and your employees face. The effect may not be immediate. You need a safety and health management plan that reduces the risk of health hazard exposures and accidents. It is not difficult to develop such a plan; it should address the types of accidents and health hazard exposures that could happen in your workplace. Since each workplace is different, your program should address your specific needs and requirements. FOUR ELEMENTS OF A GOOD SAFETY AND HEALTH PROGRAM: There are four basic elements to all good safety and health programs: Management Commitment and Employee Involvement. The manager or management team leads the way by setting up the policy, assigning and supporting responsibility, setting a positive example and involving employees. Worksite Analysis. The worksite is continually analyzed to identify all existing and potential hazards. Hazard Prevention and Control. Methods to prevent or control existing or potential hazards are administered and maintained. Training for Employees, Supervisors and Managers. Managers, supervisors and employees are trained to understand and deal with worksite hazards. Regardless of the size of your business, you should use each of these elements to prevent workplace accidents and possible injuries and illnesses. Developing a workplace program following these four points is a key step in protecting you and your workers’ safety and health. If you already have a program, reviewing it in relation to these elements should help you improve what you have. Another aspect to consider when developing your workplace program is the use of incentives to promote safety and health at your organization. Creating an Employee Safety Incentive Program can help you ensure that all employees closely follow Occupational Safety and Health Administration (OSHA) guidelines and thus reduce the number of preventable on-the-job injuries. The implementation and use of an incentive-based program does not have to be expensive and it has the potential to greatly increase employee morale at your workplace. Following this approach to safety and health in your business may also improve efficiency and help you reduce insurance claims and other costs. While having a safety and health plan based on these four elements and/or an incentive-based program does not guarantee compliance with OSHA standards, the approach will put you on the right track toward full compliance. An employee safety and health program will undoubtedly give you a way to express and document your commitment to protecting your workers’ health and safety. The key to the success of a safety and health plan is to see it as a part of your business operation and to see it reflected in your day-to-day operations. As you implement the plan and incorporate it into your business culture, safety and health awareness will become second nature to you and your employees. Download the PDF version […]

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19
Aug

Federal Partially Exempt Industries

Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS) or a state agency operating under the authority of OSHA or the BLS. All employers, including this list of Federal partially exempt industries by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality within eight hours or the in-hospitalization of at least one employees, amputation or loss of an eye within 24 hours (see § 1904.39). Download the PDF version Design © 2005, 2014-2016 MyTPG.com. All rights reserved. Federal Partially Exempt Industries NAICS Code Industry 4412 Other Motor Vehicle Dealers 4431 Electronics and Appliance Stores 4461 Health and Personal Care Stores 4471 Gasoline Stations 4481 Clothing Stores 4482 Shoe Stores 4483 Jewelry, Luggage, and Leather Goods Stores 4511 Sporting Goods, Hobby, and Musical Instrument Stores 4512 Book, Periodical, and Music Stores 4531 Florists 4532 Office Supplies, Stationery, and Gift Stores 4812 Nonscheduled Air Transportation 4861 Pipeline Transportation of Crude Oil 4862 Pipeline Transportation of Natural Gas 4869 Other Pipeline Transportation 4879 Scenic and Sightseeing Transportation, Other 4885 Freight Transportation Arrangement 5111 Newspaper, Periodical, Book, and Directory Publishers 5112 Software Publishers 5121 Motion Picture and Video Industries 5122 Sound Recording Industries 5151 Radio and Television Broadcasting 5172 Wireless Telecommunications Carriers (except Satellite) 5173 Telecommunications Resellers 5179 Other Telecommunications 5181 Internet Service Providers and Web Search Portals 5182 Data Processing, Hosting, and Related Services 5191 Other Information Services 5211 Monetary Authorities – Central Bank 5221 Depository Credit Intermediation 5222 Nondepository Credit Intermediation 5223 Activities Related to Credit Intermediation 5231 Securities and Commodity Contracts Intermediation and Brokerage 5232 Securities and Commodity Exchanges 5239 Other Financial Investment Activities 5241 Insurance Carriers 5242 Agencies, Brokerages, and Other Insurance Related Activities 5251 Insurance and Employee Benefit Funds 5259 Other Investment Pools and Funds 5312 Offices of Real Estate Agents and Brokers 5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) 5411 Legal Services 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services 5413 Architectural, Engineering, and Related Services 5414 Specialized Design Services 5415 Computer Systems Design and Related Services 5416 Management, Scientific, and Technical Consulting Services 5417 Scientific Research and Development Services 5418 Advertising and Related Services 5511 Management of Companies and Enterprises 5611 Office Administrative Services 5614 Business Support Services 5615 Travel Arrangement and Reservation Services 5616 Investigation and Security Services 6111 Elementary and Secondary Schools 6112 Junior Colleges 6113 Colleges, Universities, and Professional Schools 6114 Business Schools and Computer and Management Training 6115 Technical and Trade Schools 6116 Other Schools and Instruction 6117 Educational Support Services 6211 Offices of Physicians 6212 Offices of Dentists 6213 Offices of Other Health Practitioners 6214 Outpatient Care Centers 6215 Medical and Diagnostic Laboratories 6244 Child Day Care Services 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures 7115 Independent Artists, Writers, and Performers 7213 Rooming and Boarding Houses 7221 Full-Service Restaurants 7222 Limited-Service Eating Places 7224 Drinking Places (Alcoholic Beverages) 8112 Electronic and Precision Equipment Repair and Maintenance 8114 Personal and Household Goods Repair and Maintenance 8121 Personal Care Services 8122 Death Care Services 8131 Religious Organizations 8132 Grantmaking and Giving Services 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 8139 Business, Professional, Labor, Political, and Similar Organizations Note: For those States with a State Agency, the State retains the right to determine exempt status. To verify exempt industries for those States, refer to the State’s Plan. Download the PDF version […]

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22
Jul

Preparing for an OSHA Visit

Are you preparing for an OSHA visit? Use the guidelines below to help prepare for an OSHA inspection. What triggers an OSHA inspection? An OSHA inspection can be triggered by any of the following: Planned inspection Complaint National/local emphasis program (e.g., lead, amputations) Site-specific targeting program (high incident rate sites) Follow-up on a previous inspection Imminent danger Fatality Download the PDF version © 2009-2010, 2013-2014, 2016-2019 MyTPG.com All rights reserved. What comprises an OSHA inspection? Recordkeeping OSHA 300 logs from the last five years (or records of work-related injuries and illnesses) OSHA 301 forms or incident reports Reports of fatalities and catastrophic events Annual summaries for the last five years Medical surveillance (e.g., hearing tests, respiratory) Safety Data Sheets (SDSs) (and SDS books) Documentation review Written safety compliance programs (e.g., HazComm, lockout/tagout, emergency procedures) Development of the written program Execution of the programs Employee training (e.g., orientation, refresher, attendance records, subject matter) Site inspection Identify physical hazards Observe unsafe employee behavior Evaluate level of noncompliance with OSHA standards Employee interviews Labor representative Rank and file Management What should I do if OSHA wants to inspect my worksite? Examine the inspector’s credentials. Ask for the purpose of the inspection. Has there been a complaint? OSHA can inspect a workplace if it has probable administrative cause for the inspection. Employers have the right to request an inspection warrant or negotiate for a limited scope for the inspection in exchange for their consent to an inspection without a warrant. Provide a room with privacy for the inspector. Determine how you will handle the inspection. Let the inspector in to proceed with the inspection, accompanied by appropriate personnel. Inform appropriate production personnel (managers, supervisors) of the imminent inspection, advise them to quickly tour their areas and make “last minute” improvements (e.g., housekeeping, PPE). Someone who is familiar with your written programs and your facility should accompany the inspector at all times to ensure questions can be answered appropriately. If the inspector identifies any “quick fix” items, have them taken care of immediately or at least by the time the inspector returns. Take “before” and “after” photographs of every improvement made. If the inspector takes photographs or video, consider doing the same concurrently. If the inspector conducts noise or air monitoring, consider doing the same concurrently. Take detailed notes during the post-inspection conference; the inspector’s comments are likely to be items that might show up in citations. What are OSHA’s violation classifications? Violation Current Penalty De Minimis Violation Warning Other-Than-Serious Violation Up to $13,260 per violation Serious Violation A violation where there is a substantial probability that death or serious physical harm could result from an employer’s practice, method, operation or process. An employer is excused if it could not reasonably have known about the presence of the violation. Up to $13,260 per violation Willful or Repeated Violation A violation is willful when committed intentionally and knowingly. The employer must be aware that a hazardous condition exists, know that the condition violates an OSHA standard or other obligation, and make no reasonable effort to eliminate it. A violation is repeated when it is substantially similar to a violation that was already present in a previous citation. Between $9,472 and $132,598 per violation Willful Violation Resulting in Death of Employee Up to $10,000 and/or imprisonment for up to six months; penalties may double for a second or higher conviction Uncorrected Violation (failure to abate) Up to $13,260 per day until the violation is corrected Making false statements, representations or certification Up to $10,000 and/or imprisonment for up to six months Violation of posting requirements Up to $13,260 per violation Providing unauthorized advance notice of inspection Up to $1,000, imprisonment for up to six months or both Why might OSHA write a citation and assign a $0.00 penalty? OSHA often assigns a $0.00 penalty in order to write a large number of citations without it being unrealistically expensive for you. However, this is typically only done once; if OSHA finds the same violations in the future; it may cite you for a “willful” or “repeated” violation and assign a penalty. Be sure to start with a clean slate. All violations from previous inspections should be cleared, or you may be assigned large penalties. What should I do if I receive citations following an OSHA inspection? Pay the citations. OSHA may offer a reduction in the penalty if it feels the inspection otherwise went well; it will ask you to agree to pay the penalty early in order to pay the discounted amount. If you strongly disagree with one or more citations, send OSHA a letter of “Notice of Contest” within 15 working days of the inspection. A verbal statement expressing your desire to contest a citation is not enough. The Notice of Contest must clearly identify the basis for filing the citation, the notice of proposed penalty, the abatement period or notification of failure to correct violations. The Occupational Safety and Health Review Commission (OSHRC) will assign your notice to an administrative law judge. Legally invalid notices will be dismissed. Valid notices will be scheduled for a hearing. You will have the right to participate in the hearing. You can appeal the administrative judge’s decision to the OSHRC. An OSHRC ruling can be appealed to the appropriate federal court of appeals. Download the PDF version […]

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15
Jul

What is OSHA and Why is it Important to Your Business?

Why is job safety and health important? In 2013, 4,585 employees died from occupational incidents, and there were a staggering 3.0 million total recordable cases of workplace injury and illness. On average, each of these 3.0 million cases required eight days away from work, which means U.S. employers as a whole paid for millions of days of lost work time. Experts estimate that workplace injuries and illnesses cost U.S. businesses more than $125 billion annually. Effective job safety and health programs not only help reduce worker injuries and illnesses, they save employers money in the long run. Download the PDF version This document is an introductory guideline. It does not address all potential compliance issues with OSHA standards. It is not meant to be exhaustive or construed as legal advice. Contact your licensed commercial property and casualty representative at TPG Insurance Services or legal counsel to address applicable compliance requirements. © 2009-2012, 2015 www.MyTPG.com. All rights reserved. How does OSHA contribute to job safety and health? The primary goal of the Occupational Safety and Health Administration (OSHA) is to carry out the Occupational Safety and Health Act (OSH Act), which Congress originally passed in 1970. The OSH Act has undergone several amendments and revisions since its inception, but it is still in place “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” OSHA contributes to job safety and health by enacting regulations that forward this ideal. Title 29 of the Code of Federal Regulations (CFR), Parts 1902-1990, houses all the OSHA standards, though OSHA also allows states to enact occupational safety and health laws of their own under federally-approved plans. State-run programs are at least as strict, and sometimes more so, than federal standards. This ensures a minimum standard of job safety and health that all employers must follow to protect employees. Are all employees covered by the OSH Act? The OSH Act covers all employees except public employees in state and local governments and those who are self-employed. Public employees in state and local governments are covered by their state’s OSHA-approved plan, if applicable. Federal employees are covered under the OSH Act’s federal employee occupational safety and health programs, which are outlined in 29 CFR Part 1960. United States Postal Service employees, however, are subject to the same OSH Act coverage provisions as those in the private sector. Other federal agencies that have issued requirements affecting job safety or health include the Mine Safety and Health Administration (MSHA) and some agencies of the Department of Transportation (DOT), including the Federal Motor Carrier Safety Administration (FMCSA). Employees in these industries are subject to their respective regulations. Additionally, businesses in the retail, service, finance, insurance and real estate sectors that are classified as low-hazard are exempt from most OSHA requirements, as are small businesses with 10 or fewer employees. Exceptions are discussed in 29 CFR Part 1904, which also explains which OSHA regulations exempt employers are still required to follow. What are your responsibilities as an employer? If you are an employer covered by the OSH Act, you must provide your employees with jobs and a place of employment free from recognized hazards that are causing, or are likely to cause, death or serious physical harm. You must also comply with the OSHA statutory requirements, standards and regulations that require you to: Provide well-maintained tools and equipment, including appropriate personal protective equipment (PPE) Provide medical assistance and guidance for employees sustaining workplace injuries/illnesses Provide required OSHA training Report accidents that result in fatalities to OSHA within eight hours Report accidents that result in the hospitalization of three or more employees to OSHA within eight hours Keep records of work-related accidents, injuries, illnesses and their causes Post annual injury/illness summaries for the required period of time What are your rights as an employer? When working with OSHA, you may do the following: Request identification from OSHA compliance officers Request an inspection warrant Receive a reason for inspection from compliance officers Have an opening and closing conference with compliance officers Accompany compliance officers on inspections Request an informal conference after an inspection File a notice of contest to citations or proposed penalties Apply for a variance from a standard’s requirements under certain circumstances Be assured of the confidentiality of trade secrets Submit a written request to the National Institute for Occupational Safety and Health (NIOSH) for information on potentially toxic substances in your workplace What are employees’ responsibilities? All employees are obligated to help prevent exposure to workplace safety and health hazards by becoming familiar with and adhering to all applicable OSHA requirements. What are employees’ rights? With regards to OSHA regulations, employees have the right, among other actions, to: Review employer-provided OSHA standards, regulations and requirements Request information from the employer on emergency procedures Receive adequate, OSHA-required safety and health training on toxic substances and emergency action plan(s) Ask the OSHA area director to investigate hazardous conditions or violations of standards in the workplace Have his or her name withheld from the employer when filing a complaint with OSHA Know what actions OSHA took as a result of the employee’s complaint and have an informal review of any decision not to inspect or issue a citation Have an employee representative accompany the OSHA compliance officer on inspections Observe monitoring and measuring of toxic substances or harmful physical agents and review related records (including medical records) Review the Log of Work-Related Injuries and Illnesses (OSHA 300 Form), if applicable, at a reasonable time Request a closing discussion following an inspection Object a citation’s set abatement period Seek safe and healthful working conditions without your employer retaliation Why is OSHA important to your business? OSHA plays a key role in making your facility a safe, healthy place to work. Beyond providing the tools and guidance to work toward an injury- and illness-free workplace, OSHA is important in identifying businesses that are not committed to safety. Employers that […]

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8
Jul

Compliance Overview: Identifying OSHA Recordable Incidents

The Occupational Safety and Health Act (OSH Act) generally requires covered employers to prepare and maintain records of occupational injuries and illnesses. The Occupational Safety and Health Administration (OSHA) is a part of the U.S. Department of Labor and is responsible for administering the recordkeeping system established by the OSH Act. Download the PDF version This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2019-2020 MyTPG.com All rights reserved. To comply with OSHA’s recordkeeping rules, employers must first determine which incidents to record. In some cases, this can require a detailed analysis to assess whether an incident is work-related. Work-related InjuriesAn injury or illness is work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. This Compliance Overview provides a sample workflow employers can use to determine whether an injury or illness is work-related and must be entered into the organization’s OSHA records. Employers can also reference published OSHA guidance and frequently asked questions in their efforts to determine whether to record a specific incident. Links and Resources – OSHA Injury and Illness Recordkeeping and Reporting Requirements website– OSHA Forms – 300, 300A and 301 OSHA 300 Recordability Flowchart Determining Work-Relatedness Employers must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception applies. Definitions Employee Report of Injury/Illness: Injury or illness reported assumes the individual reporting the injury or illness is an employee of ABC Company. If the employee is a temporary employee from a temporary staffing agency, incidents are to be recorded in the 300 log; however, the temporary staffing agency would be responsible for reporting workers’ compensation claims to the carrier. Occupational Hearing Loss: Defined as: A change in hearing threshold relative to the baseline audiogram as an average of 10 decibels (dB) or more in either ear at 2,000, 3,000 and 4,000 hertz. Employee’s total hearing level of 25 dB or more above audiometric zero in both ears at the same hertz levels. Medical Treatment:The management and care of a patient to combat disease or disorder. It does not include: Visits to practitioners for observation and/or evaluation only Diagnostic procedures First aid First Aid: Defined by OSHA regulations (section 1904.7 (b)(5)). Treatments that are considered first aid include: The use of nonprescription medication at nonprescription strength Tetanus immunizations Cleaning, flushing or soaking surface wounds Use of wound coverings, butterfly bandages, Steri-Strips Use of non-rigid means of support Temporary immobilization devices used to transport victims Drilling of fingernails or toenails or draining fluid from a blister Hot or cold therapy Eye patches Removal of foreign bodies from eye using irrigation or cotton swab Removal of splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means Finger guards Massage therapy Drinking fluids for relief of heat stress Exempt Industries Employers in some industries are not required to keep OSHA injury and illness records. OSHA, the Bureau of Labor Statistics (BLS) or a state agency can overrule this exemption by notifying exempt establishments that they are required to create and maintain workplace injury and illness records. Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS) or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality within eight hours. They must also report to OSHA within 24 hours the in-hospitalization of at least one employee, an amputation or the loss of an eye (see § 1904.39). The partially exempt industry classifications are listed in the table below. NAICS Code Industry 4412 Other Motor Vehicle Dealers 4431 Electronics and Appliance Stores 4461 Health and Personal Care Stores 4471 Gasoline Stations 4481 Clothing Stores 4482 Shoe Stores 4483 Jewelry, Luggage and Leather Goods Stores 4511 Sporting Goods, Hobby and Musical Instrument Stores 4512 Book, Periodical and Music Stores 4531 Florists 4532 Office Supplies, Stationery and Gift Stores 4812 Nonscheduled Air Transportation 4861 Pipeline Transportation of Crude Oil 4862 Pipeline Transportation of Natural Gas 4869 Other Pipeline Transportation 4879 Scenic and Sightseeing Transportation, Other 4885 Freight Transportation Arrangement 5111 Newspaper, Periodical, Book and Directory Publishers 5112 Software Publishers 5121 Motion Picture and Video Industries 5122 Sound Recording Industries 5151 Radio and Television Broadcasting 5172 Wireless Telecommunications Carriers (except Satellite) 5173 Telecommunications Resellers 5179 Other Telecommunications 5181 Internet Service Providers and Web Search Portals 5182 Data Processing, Hosting and Related Services 5191 Other Information Services 5211 Monetary Authorities – Central Bank 5221 Depository Credit Intermediation 5222 Nondepository Credit Intermediation 5223 Activities Related to Credit Intermediation 5231 Securities and Commodity Contracts Intermediation and Brokerage 5232 Securities and Commodity Exchanges 5239 Other Financial Investment Activities 5241 Insurance Carriers 5242 Agencies, Brokerages and Other Insurance- Related Activities 5251 Insurance and Employee Benefit Funds 5259 Other Investment Pools and Funds 5312 Offices of Real Estate Agents and Brokers 5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) 5411 Legal Services 5412 Accounting, Tax Preparation, Bookkeeping and Payroll Services 5413 Architectural, Engineering and Related Services 5414 Specialized Design Services 5415 Computer Systems Design and Related Services 5416 Management, Scientific and Technical Consulting Services 5417 Scientific Research and Development Services 5418 Advertising and Related Services 5511 Management of Companies and Enterprises 5611 Office Administrative Services 5614 Business Support Services 5615 Travel Arrangement and Reservation Services 5616 Investigation and Security Services […]

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Compliance Overview: OSHA Inspections

The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe work environment for their workers. The Occupational Safety and Health Administration (OSHA) is responsible for creating workplace safety standards and enforcing compliance with the OSH Act. This is where OSHA Inspections come into play. OSHA enforces compliance with the OSH Act by conducting inspections, gathering evidence and imposing penalties on noncompliant employers. OSHA penalties are civil penalties that may result in fines. However, OSHA may refer certain violations to the U.S. Department of Justice for criminal prosecution. Actual penalties imposed on an employer take into consideration the gravity of the violation, the size of the employer’s business, good faith efforts the employer makes to comply with the law and the employer’s compliance history. Download the PDF version This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2017-2019 MyTPG.com All rights reserved. OSHA Inspections: Links and Resources – OSHA enforcement programs website – OSHA on-site consultations webpage – OSHA recommended practices for safety and health programs webpage This Compliance Overview provides a summary of the OSHA inspection process along with tips and reminders that employers should be aware of during an actual inspection.. Compliance Officers Conduct inspections Assign specialists to accompany and assist during an inspection Issue citations for noncompliance Can obtain inspection warrants Tips for Employers Check inspector credentials. Notify management when inspector arrives. Determine the purpose and scope of the inspection. Be prepared to prove compliance. Get a copy of the complaint, if possible. Set ground rules for inspection. Cooperate and be responsive. Take note of what the inspector documents. Employers Subject to OSHA & OSHA Inspections Most private sector employers in the United States, the District of Columbia and other U.S. jurisdictions are subject to the OSH Act, either directly or through an OSHA-approved state program. State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. The OSH Act encourages states to develop and operate their own job safety and health programs. State-run safety and health programs must be at least as effective as the Federal OSHA program. In general, state and local government employees (public employees) are not subject to the OSH Act. However, public employees may be covered through an approved state program. OSHA Inspections OSHA inspections are conducted by OSHA’s compliance safety and health officers. Compliance officers have authority to: Conduct inspections; Assign specialists to accompany and assist them during an inspection (as appropriate or required); Issue citations for noncompliance; Obtain court-issued inspection warrants; and Issue administrative subpoenas to acquire evidence related to an OSHA inspection or investigation. Whenever possible, OSHA will assign compliance officers with appropriate security clearances to inspect facilities where materials or processes are classified by the federal government. Compliance officers are required to obey all employer safety and health rules and practices for the establishment that is being inspected. This includes wearing all required protective equipment and necessary respirators. Compliance officers must also follow restricted access rules until all required precautions have been taken. Employers can request compliance officers to obtain visitor passes and sign visitor registers. However, compliance officers cannot sign any form or release, nor can they agree to any waiver. This prohibition extends to forms intended to protect trade secret information. OSHA inspections can last for a few hours or take several days, weeks or even months. All inspections can be divided into three stages, an opening conference, a walk-around and a closing conference. Inspection Scheduling OSHA inspections can be either programmed or unprogrammed. Unprogrammed inspections generally take precedence over programmed ones. Unprogrammed inspections are usually triggered by particular reports. OSHA gives priority to unprogrammed inspections in the following order: imminent dangers, fatalities or catastrophes, and employee complaints and referrals. OSHA may also conduct an unprogrammed follow-up investigation to determine whether previously cited violations have been corrected. Programmed inspections are scheduled based on neutral and objective criteria. Programmed inspections typically target high-hazard industries, occupations or health substances. OSHA considers various factors when scheduling programmed inspections, including employer incident rates, citation history and employee exposure to toxic substances. Inspection Notice The OSH Act prohibits providing employers advance notice of an inspection. Individuals that provide advance notice of an OSHA inspection face criminal charges that may result in a fine of up to $1,000, imprisonment for up to 6 months or both. However, the OSHA Act also allows OSHA to authorize exceptions to the no-notice requirement in situations where advance notice would: Allow an employer to correct an apparent imminent danger as quickly as possible; Facilitate an inspection outside of a site’s regular hours of operation; Ensure the presence of employer and employee representatives or other appropriate personnel during the inspection; or Enhance the probability of an effective and thorough inspection (such as in investigations for complex fatalities). When an exception is approved, OSHA will not provide more than a 24-hour notice to affected employers. Inspection Scope The scope of an OSHA inspection can be comprehensive or partial. A comprehensive inspection is a complete and thorough inspection of the worksite. During a comprehensive inspection, the compliance officer will evaluate all potentially hazardous areas in the establishment. However, an inspection may be considered comprehensive even though, at the compliance officer’s discretion, not all potentially hazardous conditions or practices are actually inspected. A partial inspection is usually limited to certain potential hazardous areas, operations, conditions or practices at the employer’s establishment. However, at his or her discretion, a compliance officer may expand the scope of a limited inspection. The compliance officer will generally make this decision based on the information he or she gathers during the inspection. Compliance Officer Arrival OSHA inspections begin with the compliance officer’s arrival. In general, a compliance officer will arrive for a worksite inspection during the site’s hours of operation. However, OSHA may authorize additional times for an inspection as necessary. Tips and Reminders – Check […]

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