SAFETY BLOG

Understanding OSHA Standards, Citations & Penalties

Reading OSHA Standards:

• Code of Federal Regulations is divided into 50 titles
• Title 29 is designated for the Department of Labor
• All OSHA regulations are found within Title 29
• Published annually on July 1
• Breakdown of OSHA standards are as follows:
• Title
• Chapter
• Parts
• Subparts
• Sections
• Paragraphs
• Sub paragraphs
• Chapters represent issuing agencies
• Subparts are individual topics within an overall part
• example: 29 CFR Part 1910, Subpart S
• Title 29 is Dept. of Labor
• Chapter 17 is OSHA (implied in coding)
• Part 1910 is General Industry Standards
• Subpart S are the electrical standards
• example: 29 CFR Part 1926, Subpart L
• Title 29 is Dept. of Labor
• Chapter 17 is OSHA (implied)
• Part 1926 is Construction Standards
• Subpart L are the scaffold standards

 Citations & Penalties:

• Citations are not issued at time of inspection by OSHA Safety Officers, they are issued by OSHA Area Directors by certified mail with 45 days of inspection.
• Types of citations:
• other than serious - would not cause death or serious harm
• serious - high probability of death or serious harm
• willful - knowingly engaging in an act that is known to be dangerous or possibly fatal to employees
• repeated - similar violations found on reinspection
• failure to abate - former citation not abated
• falsifying records
• assaulting a compliance officer
• Penalties:
• other than serious: less than or equal to $7,000 per violation (usually a much lower amount than max)
• serious:  less than or equal to $7,000 per violation
• willful:  $5,000 to $70,000 and/or jail time
• repeated:  less than or equal to $70,000 per violation
• failure to abate:  less than or equal to $70,000 per day
• falsifying records:  $10,000 and/or jail time
• assaulting a compliance officer:  less than or equal to $5,000 and less than or equal to 3 years prison time

 Appeals:

• Employer has 15 days from certified notification of citation to notify Secretary that they wish to contest the citation.
• If no notice is given within 15 days, then the citation and penalty will be deemed final.

Always consult the OSHA standards for more details.

Be safe out there!

OSHA Inspections

As safety consultants, our job is to help employers and employees understand the OSHA inspection process and inform them of their rights during these inspections.

OSHA Inspections

• OSHA can:
• inspect during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner.
• can privately question any employee they see fit to question.
• inspect any place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein.
• take environmental samples or obtain photographs related to the purpose of the inspection, and employ other reasonable investigative techniques.
• notify the employer before leaving that a temporary restraining order will be petitioned for an imminent danger threat, and require the employer to post a  sign in the hazard area notifying employees of the threat if threat is not immediately abated.
• apply to the nearest federal district court for a temporary restraining order to shut down or halt operations.
• OSHA cannot:
• conduct a warrantless inspection without consent from the employer.
• refuse to be accompanied throughout the inspection process by a representative of the employer or establishment.
• make public any information gathered during the inspection process relating to trade secrets of the employer.
• shut down any employer or operation without a temporary restraining order from a federal court.
• OSHA Inspection Priorities:
1. Imminent danger
2. Fatalities and catastrophes
3. Programmed high hazards
4. Follow up inspections

 Employer Rights

• Employers have a right to:
• seek advice from OSHA.
• require inspectors to furnish identification and warrant.
• have an opening and closing conference.
• accompany inspector during inspection process.
• contest citations.
• take an active role in the development of safety standards.
• have trade secrets kept confidential.

 Inspection Process

• Opening Conference:
• explains purpose and scope.
• employer provides a representative to accompany inspector.
• Documents reviewed:
• OSHA 300 log and 301 forms.
• OSHA poster.
• safety programs
• mechanical power press maintenance and inspection records.
• Safety inspection and walk-through:
• examines site, processes, operations, equipment, machines, devices, etc. for OSHA compliance.
• Closing conference:
• no citation issued at this time.
• briefs employers on conditions found.
• informs employer of whether citations will be issued and the employers right to appeal such citations.

 Always consult OSHA and federal standards for more details.

Be safe out there!

Roadwork Visibility

Workers who spend a great deal of their time working along roadways are in constant danger from moving traffic and equipment.  Employers must realize that there are federal standards that require employees to wear high visibility clothing.  As of November 24, 2008, the federal government mandated that all workers within right of way of federal-aid highways are required to wear high visibility apparel that meets performance requirements of ANSI/ISEA 107-2004 class 2 or class 3 ANSI/ISEA 207-2006 public safety vests.

Understanding High Visibility Clothing

There are three classes of high visibility clothing.  They are differentiated by the requirements for amounts of retroreflective material that needs to meet specific performance criteria, the width and placement of the material, design, and color of vest used.  Classes of high visibility and reflective clothing are further broken down on a worker's proximity to traffic areas and the speeds of that traffic.  The following is a synopsis of class requirements defined by these criteria.

• Class 1:  needs to be conspicuous and use retroreflective materials not less than 25mm in width.
• Used when workers are well separated from traffic
• Vehicle speeds of less than 25 mph
• Parking attendants
• Shopping cart retrievers
• Warehouse workers
• Roadside/sidewalk maintenance workers
• Delivery vehicle drivers
• Class 2:  maintains superior visibility and are more conspicuous than the Class 1 garments.  Minimum width of retroreflective material used on these is not less than 35mm.
• Used when workers are on or near roadways
• Vehicle speeds of 25 to 50 mph
• Roadway construction workers
• Utility workers
• Survey crews
• Law enforcement personnel
• Crossing guards
• High-volume parking lot or toll-gate attendants
• Airport baggage handlers and ground crews
• Railway workers
• Emergency response personnel
• Accident site investigators
• Class 3:  has greatest visibility.  Maintains more retroreflective material than Class 2 and must have sleeves with retroreflective material between the shoulders and elbows.  Not less than 50mm wide of retroreflective material.
• Used for workers in high risk situations
• Allows them to be seen from a minimum distance of 1,280 ft.
• Vehicle speeds of greater than 50 mph
• Roadway construction workers
• Utility workers
• Survey crews
• Emergency response personnel

Always consult federal regulations for more details.

Be safe out there!

Be Prepared!

Webster defines an emergency as, "a sudden, generally unexpected occurrence demanding immediate attention."  Emergencies can come in many ways, shapes and forms.  From extended power-outages to natural disasters such as tornadoes and hurricanes.  In these times of emergencies, nobody is going to ensure your safety or the safety of the people your care about other than you!  Be prepared by building emergency preparedness kits for your homes, families, and businesses.

Heroic recommends that individuals in the home have a minimum three-day supply of essentials per person such as food, water, and other related necessities.  One-day supplies per individual are recommended in the business setting.  Heroic suggests having emergency kits in the following places:

• Home (3 days supplies per individual with first aid kit)
• Vehicles (1 day per vehicle with first aid and roadside kit)
• College dorm room/apartment (3 days per individual with first aid kit)
• Camper or cabin (3 days per individual, first aid, and roadside kit)
• Business (1 day per individual)
• Cycling, hiking, or outdoor sports (first aid pocket kits)

Heroic Safety Solutions is proud to endorse the services of Safety City, Inc.  Safety City offers completely customizeable emergency and disaster kits for the individual, family, car, or business.  They offer quality affordable products to meet all of our emergency needs.  Emergency and disaster kits can be purchased as is, or can be created to meet the specific needs of the buyer.  Their website even offers a recommendation browser to help make suggestions to the buyer.  They offer a wide range of emergency products including; nonperishable foods, water, long-burning candles, first aid kits, roadside kits, emergency radios, and many more.

Clink on the Safety City link below to explore their emergency products store and you will be on your way to preparing for the worst.  

Principles of Machine Guarding

The basic types of hazardous mechanical motions and actions are:

• Motions:
• Rotating (including in-running nip points)
• Reciprocating
• Transversing
• Actions:
• Cutting
• Punching
• Shearing
• Bending

 Minimal general requirements for safety guards:

• Prevent contact - must prevent hands, arms, and any other part of the body from making contact with moving parts
• Be secure - workers should not be able to easily remove or tamper with the safety guard
• Should be made of durable material that will withstand the conditions of normal use
• Must be firmly secured to machine
• Protect from falling objects - ensure that no objects fall into moving parts
• Create no new hazards - the guard defeats its own purpose if it creates a hazard of its own such as a shear point, jagged edge, or unfinished surface
• Create no interference - proper safety guarding can actually enhance efficiency since it can relieve the worker's apprehensions about injury
• Allow safe lubrication - one should be able to lubricate the machine without removing the safety guards
• Locate oil reserves outside the guard with a line leading to the lubricating point

Thorough operator training should involve instruction and/or hands on training in the following:

1. A description and identification of hazards associated with particular machines
2. The safety guards themselves, how they protect, and the hazards they are intended to protect the worker from
3. How to use safety guards and why
4. How and under what circumstances safety guards can be removed, and by whom
5. What to do (contact supervisor) if guard is damaged, missing, or unable to provide protection
6. This training is necessary for new operators, maintenance or setup personnel when any new or altered safety guards are put into service, or when workers are assigned to a new machine or operation

Look for Heroic Safety's future Safety Huddle on specific OSHA machine guarding requirements.  Always consult the OSHA standards for further details.

Be safe out there!

Powered Industrial Trucks

There can be a lot of confusion surrounding the topic of powered industrial trucks (PID) and their workplace safety standards.  OSHA mandates that all employees who operate powered industrial trucks obtain a valid certification.  Never allow an employee to operate these vehicles without completing a certified training program.  PID's are rated according to their fuel and safety components.  It is always a good idea to assess atmospheric hazards in your workplace before selecting a PID.  Assess for flammabilities, aisle widths, adequate ventilation, etc. and then make your selection of PID based on the assessment findings.

PID Designations:

• D - are similar to G except that they are diesel powered instead of gasoline
• DS - diesel powered and are provided with additional safeguards to the exhaust, fuel, and electrical systems
• DY - diesel powered with all of the safeguards of DS, do not have any electrical equipment (including the ignition), and are equipped with temperature limiting features
• E - are electrically powered that have minimum acceptable safeguards against inherent fire hazards
• ES - electric powered with additional safeguards to electrical systems to prevent emission of hazardous sparks and to limit surface temperature
• EE - Have everything that E & ES have, but their electric motors and equipment are enclosed
• EX - differ from the rest because their electrical fittings and equipment are designed, constructed, and assembled so that they may be used in certain atmospheres containing flammable vapors and dusts
• G - are gasoline powered with minimal acceptable safeguards against inherent fire hazards
• GS - have additional safeguards to exhausts, fuel, and electrical systems
• LP - liquefied petroleum gas powered
• LPS - additional safeguards to exhausts, fuel, and electrical systems

 Miscellaneous Information

• Storage and handling of liquid fuels shall be in accordance with NFPA 30-1969
• Concentration levels of carbon monoxide gas created by PID's shall not exceed the levels specified in 1910.1000
• Brakes or wheel stops shall be placed on trucks or rail cars to prevent unnecessary rolling or moving
• High-lift rider trucks shall be fitted with an overhead guard unless operating conditions do not permit
• Requirements are imposed for for proper care of trucks during operations and when not in use
• All traffic requirements shall be observed, including authorized plant speeds, and trucks shall be kept under control at all times

 PID Training Basics

• Safe Operation!
• Employer shall ensure that each PID operator is competent to operate a designated truck safely
• Training program shall consist of:
• Formal instruction
• Practical hands-on trainings
• Evaluation of operator's performance in workplace
• Refresher training and evaluation of training effectiveness shall be conducted:
• When the operator has been observed operating the vehicle in an unsafe manner
• When the operator has been involved in an accident or near miss incident
• When the operator has received an evaluation that reveals that the operator is not operating the truck safely
• When the operator is assigned to drive a different kind of truck
• When a condition in the workplace changes in a manner that could affect safe operation of the truck
• An evaluation of each PID operator shall be conducted at least once every three years
• The certification shall include:
• Name of operator
• Date of training
• Date of evaluation
• Identity of person performing training or evaluation

 Always refer to the OSHA standards for more detailed information.

Be safe out there!