a primer on osha regulations for railroads

American Short Line and Regional Railroad Association (ASLRRA)

April 2016

OSHA Can Regulate the Railroads

How OSHA Regulates the Railroads

Summary of Regulations and Pending Regulatory activity

Planning for Success in Complying with OSHA Regulations

Topics to be CoveredOSHA CAN REGULATE THE RAILROADS

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How OSHA Regulates the Railroads

Occupational Safety and Health Administration, an

agency of the U.S. Department of Labor (DOL) responsible for improving worker safety and health protection.

Brief History of OSHAHOW OSHA REGULATES THE RAILROADS

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On December 29, President Nixon

signed the OSH Act

1971

This Act created OSHA, the agency,

which formally came into being on April 28

1970

The mission of OSHA is to assure safe and healthful working conditions in the workplace.

Some of the things OSHA does to carry out its mission are:

• Developing job safety and health standards; and

• Enforcing them through worksite inspections

OSHA’s MissionHOW OSHA REGULATES THE RAILROADS

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FRA regulates matters that relate to operational safety (i.e. safe movement of equipment over rails).

All other aspects will be enforced by the Department of Labor – OSHA, where the conditions are similar to those in any industry.

OSHA and FRA RelationshipHOW OSHA REGULATES THE RAILROADS

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07/16/2012

The Federal Railroad Administration, U.S. Department of Transportation

MEMORANDUM OF AGREEMENT

between

THE FEDERAL RAILROAD ADMINISTRATION

U.S. DEPARTMENT OF TRANSPORTATION

and

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

U.S. DEPARTMENT OF LABOR

Memorandum of AgreementHOW OSHA REGULATES THE RAILROADS

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Employers Responsibility

Employees RightsCitations and

Penalties

The Whistleblower Protection Programs

Why is this important to railroads?HOW OSHA REGULATES THE RAILROADS

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Citations and PenaltiesHOW OSHA REGULATES THE RAILROADS

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Violation TypePotential Penalty

( 80% increase by August 2016)

Other Than Serious Up to $7,000 per Day

Serious Up to $7,000 per Violation

Willful $ 5,000 - $70, 000 per violation

Repeat Up to $70,000 per Violation

Egregious Up to $70,000 per Violation

Failure to Abate Up to $7,000 per Day

Falsifying Records, Reports or Applications Up to $10,000 and 6 Months in Jail

Violating Posting Requirements Up to $7,000

Assaulting, Resisting, Intimidating, Interfering with Compliance Officer

Up to $5,000 and 3 Years in Jail

4,679 workers were killed on the

job in 2014

On average, almost 90 a week or more

than 13 deaths every day.

Fatal work injuries involving contractors

accounted for 17 percent of all fatal work injuries in

2014.

OSHA StatisticsHOW OSHA REGULATES THE RAILROADS

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OSHA Whistle Blower Act Cases 2005-2015

Recent Railroad Industry ActivityHOW OSHA REGULATES THE RAILROADS

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Year No of Cases

FY 2005FY 2006FY 2007FY 2008FY 2009 FY 2010 FY 2011 FY 2012FY 2013 FY2014FY2015

001

45145201340385353353276

Summary of Regulations and Pending Regulatory Activity

Summary of DOL – OSHA Laws and Regulations Affecting the Railroads

SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY

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OSHA standards are:

• Rules that describe the methods employers must use to protect employees from hazards

• Designed to protect workers from a wide range of hazards

Where there are no specific standards, employers must comply with the General Duty Clause of the OSH Act.

Four Groups of OSHA Standards:1. General Industry*2. Construction3. Maritime4. Agriculture

*General Industry is the set that applies to the largest number of workers and worksites

Federal OSHA vs State OSHASUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY

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OSHA Standards-Railroad Industry and Pending Regulations

SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY

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29 CFR 1910 – General Industry

29 CFR 1926 – Construction

OSHA Standards and Pending Regulatory ActionsSUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY

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Standard or Issues Potential Exposure Concern

Silica Dust Handling sand, ballast dumping and locomotive sand filling

Regulations Changes March 24, 2016.

Asbestos signal boxes, remodeling old buildings, piping, bridge work

Causes cancer, of the lungs and mesothelioma

Metal Fumes welding frogs, hardened steel in shops

Pending regulationsBeryllium

OSHA Standards and Pending Regulatory ActionsSUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY

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Lead In car/locomotives paint , in sanding, painting,

Lead poisoning

Noise and Hearing Conservation

Non-transportation (Shop, MOW) employees who are exposed to potential excessive noise.

Compliant programs -annual testing, monitoring protection, Training

Access to Medical Records

Any noise, chemical, metals exposure sampling

Employee right to know hazard of exposures

OSHA Standards and Pending Regulatory ActionsOSHA STANDARDS AND PENDING REGULATORY ACTIONS

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1. Hazard Communication

Right of employees to know chemicals in the work place

Standard revised, all elements must be completed by June 2016

2. RespiratoryProtection

Protection from breathing harmful materials during various activities, welding, painting, handling chemicals, etc.

Potential harmful materials – exposure to silica, metal fumes, paint fumes

3. Bloodborne Pathogens

Protection of respondersto first aid and medical emergencies

Pending revisions


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4. Control Of Hazardous Energy (LOTO)

Shops, construction site Serious injury

5. Confined and Permitted Confined Spaces

Tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, tunnels, equipment housings, ductwork, pipelines,

Recent Changes for Construction Industry

6. Compressed Gases

Cylinders used by welders, in construction

Potential missiles, if handled and stored properly


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7. Fall Protection shop environments, but may affect other areas if there is a potential for a injury

,OSHA can apply General Duty Clause in other areas

8. Cranes Fixed and Mobile cranes in shop and construction sites

Construction standard recently revised; FRA Pending; Deadlines

9. Walking and Working Surfaces

Common cause of injury –uneven surfaces, ladders

Most cited Standard

2015 Top Ten Most Cited OSHA StandardsOSHA STANDARDS AND PENDING REGULATORY ACTIONS

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Fall Protection6,721

C

Hazard Communication

5,192

Scaffolding4,295

C

Respiratory Protection 3,305

Electrical, Wiring Methods

2,404

Powered Industrial Trucks 2760

Ladders 2,483 C

Lockout/Tag-out2,0002

Electrical, General Requirements 1,973

Machine Guarding2,295

Planning for Success in Complying With OSHA

Regulation

Planning for SuccessPLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION

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01

02

03

Commit to Worker Protection as a business strategy.

Planning for success in complying with OSHA Standards requires a systematic approach to Health and Safety in the workplace.

Develop a Positive Safety Culture.

Complying with OSHA is Good Business:


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Safe and Healthy Workplace

Avoid Loss for Citations and Penalties

Avoid Business Interruptions


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Leadership Commitment

Hazard Identifications

Training of Employees

Systematic Approach to Health and Safety

Employee Participation

Continuous Improvement

ASLRRA Safety Institute:

The Safety Institute aims to enhance the safety culture of short line and regional railroads. The project includes several assessment activities, including a safety culture survey, safety-related document reviews, field observations, and safety culture interviews.

Develop a Positive Safety CulturePLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION

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Develop a Positive Safety CulturePLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION

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Leadership is Clearly Committed to Safety

Railroad Practices Continuous Learning

Decisions Demonstrate that Safety Is Prioritized

Over Competing Demands

Reporting Systems and Accountability Are Clearly

Defined

Employees Feel Personally Responsible for Safety

The Railroad Is Fair and Consistent in Responding

to Safety Concerns

There Is Open and Effective Communication Across the

Railroad

Mutual Trust Is Fostered between Employees and

the Railroad

ASLRRA Safety

Institute Program Elements

Training and Resources Are Available to Support Safety

There is a Safety Conscious Work Environment

Topics covered today…

SummaryOSHA CAN REGULATE THE RAILROADS

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Questions:OSHA CAN REGULATE THE RAILROADS

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Annie Richardson| Project Manager | USAAntea®Group

Direct: + 1 704 324 7043

USA Toll free: 1 800 477 7411 3530 Toringdon Way –

Suite 106 Charlotte, NC 28277

[email protected]

www.anteagroup.com

mailto:[email protected]

http://www.anteagroup.com/