OSHA Updates

Matt Marcinko, MS, CSP

OSHA Compliance Officer

Columbus Area Office

Top 10 Violations

1. Fall Protection – General

Requirements (1926.501)

2. Hazard Communication

(1910.1200)

3. Scaffolding (1926.451)

4. Respiratory Protection

(1910.134)

5. Lockout/Tagout

(1910.147)

6. Ladders (1926.1053)

7. Powered Industrial Trucks

(1910.178)

8. Fall Protection – Training

Requirements (1926.503)

9. Machine Guarding (1910.212)

10.Eye and Face Protection

(1926.102)

Most frequently cited

OSHA standards

during FY 2018 inspections

www.osha.gov/Top_Ten_Standards.html

Top 10 Violations in Construction

1. Fall Protection –

General Requirements

(1926.501)

2. Scaffolding (1926.451)

3. Ladders (1926.1053)

4. Fall Protection –

Training (1926.503)

5. Eye and Face

Protection (1926.102)

6. General Safety and Health

Provisions (1926.20)

7. Head Protection (1926.100)

8. Aerial Lifts (1926.453)

9. Hazard Communication

(1910.1200)

10. Fall Protection – Systems

Criteria and Practices

(1926.502)

Most frequently cited OSHA standards

during FY 2018 inspections

OSHA Penalty Levels: 2019

Type of Violation New MaximumSerious and

Other-Than-SeriousPosting Requirements

$13,260 per violation

Willful or Repeated$132,598 per violation

Failure to Abate $13,260 per day beyond the abatement date

www.osha.gov/penalties

National Emphasis ProgramsNEPs

▪ Trenching/Excavations (updated)

▪ Amputations

▪ Process Safety Management (PSM)

– Ammonia

– Refineries

– Chemical Manufacturing

▪ Site-Specific Targeting 2016

FY-2019 Local Emphasis Programs(LEPs) – Region V

▪ Falls in Construction and General Industry

▪ Powered Industrial Vehicles (PIVs) – Dock Safety

▪ Grain Handling Facilities

▪ Lead

▪ Wood Pallet

Manufacturing

▪ Building Renovation (Gut Rehab)

▪ Federal Agencies

▪ Noise (GI)-in development

▪ Silica-in development

Reporting Fatalities and Severe Injuries

▪ All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.

▪ A fatality must be reported within 8 hours.

▪ An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

www.osha.gov/report.html

▪ During business hours, call the nearest OSHA office

▪ Or call the OSHA 24-hour hotline 1-800-321-6742 (OSHA)

▪ Or report online at osha.gov/report

▪ Be prepared to supply: ✓ name of the establishment, ✓ location and time of the incident, ✓ names of employees affected, ✓ brief description of incident, and a ✓ contact person and phone number

How can employers report to OSHA?

Electronically Submitting Injury, Illness Data

▪ Covered employers must electronically submit info from their OSHA Form 300A to OSHA using OSHA’s Injury Tracking Application

▪ Applies to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses

▪ 2018 Form 300A data must be submitted by March 2, 2019

www.osha.gov/injuryreporting

Trenching Safety

BLS Trenching Fatalities

▪ 130 fatalities recorded in trenching and

excavation operations between 2011 and

2016.

▪ Construction industry accounted for 80%,

or 104 of the fatalities.

▪ 49% of those construction fatalities

occurred between 2015 and 2016.Data from the Census of Fatal Occupational Injuries (CFOI)

data, Bureau of Labor Statistics (BLS)

Where Are the Fatalities Occurring?

Out of 104 fatalities in the

construction industry:

▪ 38% were at industrial

places and premises;

▪ 38% were at private

residences; and

▪ 20% occurred at streets

or highways.

Industrial Places & Premises

Private Residences

Streets or

Highways

20%

BLS TRENCHING FATALITIES

8

15

11 11

23

17

2 2

13

16

12

19

02468

1012141618202224

2012 2013 2014 2015 2016 2017

OSHA Trenching Injuries & Deaths

Trench-Related Fatalities

Top three

account

for 53% of

all

Incidents

Top Violations in Trenching/ ExcavationFY16 -18

Standard Hazard

1926.652(a)(1)Each employee in the excavation shall be protected

from cave-in by an adequate protective system

1926.651(c)(2) Means of access and egress from trench

1926.652(k)(1) Daily inspection not conducted by competent person

1926.651(j)(2) Materials too close from the edge of excavation

1926.651(k)(2)Removal of employees from unsafe trenches found

by competent person

1926.651(h)(1) Hazards associated with water accumulation

1926.651(i)(3) Undermining of sidewalks, pavements and structures

1926.651(j)(1) Loose rock and soil

1926.651(d) Exposure to vehicular traffic

1926.651(i)(1)Stability of adjoining buildings, walls, or other

structures

NEP Trenching and Excavation

▪ OSHA Directive CPL 02-00-161, (October 1, 2018)

▪ NEP will increase education and enforcement efforts

▪ Compliance Safety and Health Officers (CSHOs) shall initiate inspections under this NEP whenever they observe an open trench or an open excavation, regardless of whether or not a violation is readily observed.

18” vertical side for a trench box under a slope: 1926.651(j)(1)Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose material; installation of protective barricades; or other means that provide equivalent protection

Benching and Sloping

COMPLIANCE ASSISTANCE

RESOURCES

OSHA Safety and Health Topic Webpage

Trenching and Excavation Resources

▪ Protecting Workers in Trenches: OSHA

Poster (Publication 3215), (2018)

▪ Working Safely in Trenches: OSHA

QuickCard™ (Publication 3243),

(2018).

▪ OSHA Prevention Videos

▪ All available in Spanish

Crane Operator Qualification

Subpart CC—Cranes and Derricks in Construction

▪ Required certification by type and capacity and retained employer duty

Operator Qualification Rulemaking

▪ Proposed rule published on May 18, 2018

▪ Final Rule published on November 9, 2018

Crane Operator Qualification

General Requirements

▪ Employers must ensure operators are trained, certified/licensed, and evaluated

▪ Any operator not certified/licensed and evaluated is an operator-in-training

▪ Operators of derricks, sideboom cranes, and equipment less than 2000 lbs. are excluded

▪ US military employees with qualifications from the military meet these requirements

Crane Operator Qualification

1926.1427(b) Operator Training

▪ Employers must provide training to operators-in-training to ensure they have the skills, knowledge, and ability to recognize and avert risk necessary to operate the equipment safely for assigned work

▪ Must instruct operators-in-training on the knowledge and skills in 1427(j)(1) and (2)

▪ Operators-in-training must be continuously monitored

Crane Operator Qualification

1926.1427(b) Operator Training

▪ Employers may only assign tasks within the operator-in-training’s ability

▪ Operator-in-training cannot:

▪ Operate within 20 feet of a power line that is up to 350 kV

▪ Operate 50 feet of a power line over 350 kV

▪ Hoist personnel

▪ Perform multiple-equipment lifts

▪ Operate over a shaft, cofferdam, on in a tank farm.

▪ Perform multiple-lift rigging operations, except where the trainer determines the OITs

skills are sufficient

Crane Operator Qualification

1926.1427(b) Operator Training

The trainer must:

▪ Be an employee or agent of the operator-in-training’s employer

▪ Have the knowledge, training, and experience necessary to direct the operator-in-training on equipment use

▪ Perform no tasks that detract from their ability to monitor the operator-in-training.

▪ Communicate verbally or with hand signals

Crane Operator Qualification

1926.1427(b) Operator Training

The trainer must:

monitor the operator in training at all times except for breaks that: ➢ Are no longer than 15 minutes➢ Are not more frequent than one break per hour.

▪ The trainer must inform the operator-in-training of specific tasks to perform during the break

▪ The specific tasks must be within the operator-in-training’s abilities

▪ Operators must be retrained when the operators performance or knowledge indicates it is necessary

Crane Operator Qualification

1926.1427(c) Operator Certification and Licensing

▪ In jurisdictions where operators must be licensed by a state or local government entity for operation, the state or local government program:

➢ Requires written and practical assessment on the knowledge and skills in 1427 (j)(1) and (2)

➢ Testing meets industry recognized criteria➢ The government authority that oversees licensing determines

the first two requirements are met➢ Have procedures for re-licensing➢ A license is valid for no longer than five years➢ Only valid within the issuing jurisdiction

1926.1427(c) Operator Certification and Licensing

When a state or local license is not required, an operator must be certified by either:

➢ An accredited crane operator testing organization, or➢ an audited employer program

▪ Certification/licensing must be provided at no cost to employees

▪ A testing entity can provide both training and testing

Crane Operator Qualification

Crane Operator Qualification

1926.1427(d) Operator Testing Organization

▪ For OSHA to consider an accredited testing organization certification to be valid, the organization must:

➢ Be accredited.➢ Administer tests based on the knowledge and skills in 1427(j)(1) and (2).➢ Provide certification based on type, or type and capacity.➢ Have recertification procedures➢ Have its accreditation reviewed every three years

▪ If there is no certification available for a type of equipment, the operator must be certified on the most similar equipment

▪ A certification issued by an accredited testing organization is valid for five years

Crane Operator Qualification

1926.1427(e) Audited Employer Program

▪ The audited employer program must:

➢ Use written and practical tests developed by an accredited testing organization or approved by an auditor

➢ Have written and practical test administered under circumstances approved by an auditor

➢ Be audited within three months of beginning the program and at least every three years

➢ Provide re-qualification procedures for operators

▪ Valid for five years

Crane Operator Qualification

1926.1427(f) Evaluation

▪ The employer must evaluate an operator to ensure

➢ They have the skills, knowledge, and ability to recognize and avert risk, necessary to operate the equipment safely

➢ They have the ability to perform hoisting activities for assigned work

▪ The evaluation must be conducted by an individual who has the knowledge, training, and experience necessary to assess equipment operators

▪ The evaluator must be an employee or agent of the employer

Crane Operator Qualification

1926.1427(f) Evaluation

▪ The employer may allow the operator to operate other equipment of the same type that the employer can demonstrate does not require substantially different skills, knowledge, or ability to recognize and avert risk

▪ For operators employed prior to December 10, 2018, the employer may rely on its previous assessments of the operator instead of conducting a new evaluation

Crane Operator Qualification

1926.1427(f) Evaluation

▪ The employer must document the evaluation with the:

➢ The operator’s name➢ Evaluator’s name and signature➢ Date➢ Make, model, and configuration of the equipment used in the

evaluation

▪ The documentation must be available at the worksite

▪ If an operator must be retrained, they must also be reevaluated.

Cranes and Derricks –1926 Subpart CC

▪ OSHA will accept operator certifications issued

by type only, or by type and capacity

▪ Employer’s duty to ensure that operators are

competent to operate the equipment safely

▪ Effective date: Dec. 9, 2018

– The evaluation and documentation requirements

effective on February 7, 2019.

– Enforcement memo (2/7/19): Evaluate good faith

efforts first 60 days- April 15, 2019

Respirable Crystalline Silica

Respirable Crystalline Silica Rule

Two standards

▪ General industry and maritime

▪ Construction

▪ Published March 25, 2016

NEW Exposure Limits

▪ PEL = 50 µg/m3 as an 8-hour TWA

▪ Action Level = 25 µg/m3 as an 8-hour TWA

General Industry/Maritime –Compliance Dates

Employers must comply with all

requirements of the standard by June 23,

2018, except:▪ Medical Surveillance requirements:

– Workers exposed above PEL started on June 23, 2018.

– Workers exposed at or above the action level starting on June 23, 2020.

▪ Hydraulic fracturing operations in the oil and gas industry must

implement engineering controls to limit exposures to the new PEL

by June 23, 2021.

Written Exposure Control Plan

▪ Designate a competent person

(Construction)

▪ Tasks involving exposure to respirable

crystalline silica

▪ Engineering controls, work practices, and

respiratory protection for each task

▪ Housekeeping measures used to limit

exposure

▪ Procedures used to restrict access, when

necessary to limit exposures (Construction)

http://www.silica-safe.org/

Help with Writing an Exposure Control Plan (Construction)

Steps to Compliance

▪ Implement Table 1 when possible (Construction)

▪ Complete exposure assessments to select

controls/respirators (*Construction- tasks not on

table 1)

▪ Set up respiratory protection program if

applicable

▪ Get equipment, controls and respirators

Steps to Compliance

▪ Arrange for medical surveillance

▪ Determine housekeeping methods

▪ Write exposure control plan

▪ Set up training program

▪ Maintain records required by standard

▪ Silica Safety and Health Topic Webpage:

https://www.osha.gov/dsg/topics/silicacrystalline

OSHA Guidance and Resources

OSHA Resources

▪ New FAQs for the Construction Industry

▪ New FAQs for the General Industry

▪ New Controlling Silica Dust in

Construction –Videos for Table 1 Tasks

▪ New Video: Protecting Workers from

Silica Hazards in the Workplace

Compliance Guides:

• Includes steps towards

compliance

• Examples of written

exposure control

plans.

Help for Small Businesses: OSHA’s On-Site Consultation Program

▪ Services• Hazard identification and

correction• Assistance in Safety and

Health Program development

▪ Benefits• No-cost and confidential• Exemption from OSHA's

programmed inspections• Training and technical

assistance available

www.osha.gov/dcsp/smallbusiness/consult.html

FY 2019 Outreach Events

▪ Stand-Up for Grain Engulfment Prevention (Mar. 25-29, 2019)

▪ National Work Zone Awareness Week (Apr. 8-12, 2019)

▪ Fall Prevention Stand-Down (May 6-10, 2019)

▪ Heat Illness Prevention (May 24, 2019)

▪ Trench Safety Stand-Down (June 17-22, 2019)

▪ Safe + Sound Week (Aug. 12-18, 2019)

Heat Illness Prevention

▪ Heat illness sickens thousands and results in the deaths of dozens of workers each year

▪ Campaign educates employers and workers on danger of working in heat

▪ Resources include OSHA-NIOSH heat safety app

▪ Informal launch is May 24, 2019 (“No-Fry Day” – Friday before Memorial Day)

www.osha.gov/heat

Trenching and Excavation Resources

▪ Protecting Workers in Trenches: OSHA Poster (Publication 3215), (2018)

▪ Working Safely in Trenches: OSHA QuickCard™ (Publication 3243), (2018).

▪ OSHA Prevention Videos▪ All available in Spanish

OSHA QuickTakes

▪ Free OSHA e-newsletter delivered twice monthly to more than 200,000 subscribers

▪ Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards

▪ Sign up at www.osha.gov

www.osha.gov/quicktakes

Ohio OSHA Offices

Toledo Area

Office

(419) 259-7542

420 Madison

Avenue, Ste

600

Toledo, OH

43604

Cincinnati

Area Office

(513) 841-4132

36 Triangle

Park Drive

Cincinnati, OH

45246

Cleveland

Area Office

(216) 447-4194

Essex Place

6393 Oak Tree

Blvd., Ste 203

Independence,

OH 44131-

6964

Columbus

Area Office

(614) 469-5582

200 North High

Street, Rm 620

Columbus, OH

43215

www.osha.gov

800-321-OSHA (6742)