Who Is OSHA?

Who Is PERRP?

Occupational Safety and Health Administration

Public Employment Risk Reduction Program

Both agencies are responsible for worker

safety and health protection.

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PERRP History

o 1970 – Federal OSHA created (public employees exempted from

coverage)

o 1973 – Governor’s executive order signed providing safety and health

protection for executive branch state employees (OPESH)

o 1992 – Ohio Public Employment Risk Reduction Act passed (House Bill

308); OPESH becomes PERRP extending coverage to most local

government employees

o July 1994 – the Act went into full effect

o July 2005 – PERRP became part of the Ohio Bureau of Workers’

Compensation

o July 2017 PERRP significant R.C. 4167 amendments

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PERRP Purpose

o Ensure public employees in Ohio have a safe

and healthy work environment by:• Identifying workplace hazards and reducing those

hazards through effective safety and health programs.

• Developing and enforcing mandatory job safety and

health standards.

• Maintaining a reporting and recordkeeping system to

monitor job-related injuries and illnesses.

• Providing assistance, training and other support

programs to help public employers and workers

understand their rights and responsibilities.

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Employer and Employee

Responsibilities

o Each public employer in Ohio must:• Provide a place of employment free from

recognized hazards.

• This requirement is known as the, General DutyClause.

o Each public employee in Ohio must:• Comply with all safety and health regulations; and

• Any reasonable safety and health policies

developed by their employer.

ORC 4167.04

ORC 4167.05

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What Is Enforced?

Regulatory elements of the PERR Act

o The federal OSHA regulations• 29 CFR Parts 1910, 1926 and 1928

o Chapters 4167 of the Ohio Administrative

Code and Ohio Revised Code• General Duty Clause - 4167.04(A)(1)

• Workplace safety poster

• Injury and illness recordkeeping

• Ohio Manual on Uniform Traffic Control Devices

• 10 CFR 20 (Radiation Protection)

ORC 4167.07

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PERRP Standards

o PERRP is required to adopt OSHAstandards with 120 days when OSHAadopts, modifies, or revokes a federal standard.• PERRP is not obligated to apply OSHA

enforcement policies that are not part of the rulemaking process.

The required PERRP poster replaces OSHA

posters in Ohio governmental workplaces!

OSHAPERRP 8

PERRP Recordkeeping Forms

o 300P Log of Work-Related Injuries and Illnesses• Employer must maintain all forms , including 300P, for each

establishment and kept on site for five years.

o 300AP Summary of Work-Related Injuries and Illnesses• Employer must submit the 300AP to PERRP by Feb. 1 of each

year.

o 301P Injury and Illness Incident Report• Employer must complete the 301P or equivalent for each

recordable incident.

o The forms clarify the requirements for public employers

and reference the appropriate sections in the ORC/OAC.

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Recent Statute ChangesHB 27 June 30, 2017 amended Revised Code

Chapter 4167

Ohio Revised Code 4167

o The Ohio BWC biennium budget included

amendments to the following statutes in

Revised Code, Chapter 4167:

• 4167.01 Definitions

• 4167.02 Director to enforce program

• 4167.10 Inspection procedures

• 4167.19 Exemption from program (repealed)

o Effective date of the amendments is

09/29/2017.

ORC 4167.01 Amendments

o Change in the definition of “public employee”

extended PERRP Coverage extended to

firefighters, EMTs, EMT-Ps, and local

correctional officers.

o State correctional officers were previously covered by the

Act.

• Peace officers (e.g., police officers, deputy sheriffs,

DNR officers, etc.) are still excluded from PERRP

coverage.

ORC 4167.02 Amendment

o Safety Partnership Agreement program created in 4167.02 to replace 4167.19

• All public employers (PES and PEC) will be eligible to participate

• Program will recognize public employers that have exemplary safety and health programs

• Program participants will be encouraged to serve as mentors for other PEs

• Program participants will be excluded from PERRP general schedule inspections.

Safety Partnership Agreemento Participation Requirements”

1. The public employer has an active workers’

compensation policy and is current with respect to all

payments due the bureau;

2. The public employer has an injury and illness history that

is less than the aggregate incidence rate for all Ohio

public employment sectors;

3. The public employer must establish and maintain a

safety committee;

4. The public employer must not have any open,

unresolved, or outstanding enforcement actions; and

5. The public employer must agree to comprehensive

employment risk reduction inspections.14

ORC 4167.10 Amendments

o Scheduled inspections added to the list of enforcement inspections.

• General schedule inspections will focus on high-risk employers and high hazard work activities

• Amendment requires an OAC 4167 rule that will explain the inspection criteria

• Inspection rule will require inspections to be conducted according to a policy and procedures manual (PERRP Field Operations Manual)

o Enforcement inspections to be conducted without delay.

Priority Category of Inspection

1stRefusal to Work:

Reasonable certainty an immediate danger exists

2ndFatality/Multiple Hospitalization:

Reported to PERRP within eight hours; inspected ASAP

3rd

Complaints:

Worker or worker representative can file a complaint about

a safety or health hazard

4th

General Schedule Inspections:

Inspection schedule based upon high risk workplaces and

work tasks (beginning Spring 2018)

5th

Compliance Assistance Inspections:

Voluntary inspections encourage a pro-active approach to

addressing workplace hazards

PERRP Inspection Priorities

Compliance…

The foundation of an effective safety and health

program isn’t complete until you meet the

minimum requirements!

HAZCOM

LO/TO

BBP

PRCS

PSM

300P LOG

EAPPPE

HAZWOPER

Noise

301P/FROI300AP

Lab safety

PERRP High Hazard Focus

PERRP High Hazard Focus

o Ohio Manual of Uniform

Traffic Control

o Trenching and Excavation

o Hazards of tree felling and

trimming operations

o Confined Space Entry and

Work

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OMUTCD

Temporary Traffic Control

“Plan”

o Temporary traffic control zone was not an

integral part of work operations.

• Temporary traffic control plan was not developed

or an appropriate “typical application” from the

manual was not identified and implemented.

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Advanced Warningo Advanced warning

was not provided to motorists.

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Flagger position

o Flagger was not positioned in advance of

work zone or;

o Flagger was improperly positioned in the

center of the roadway.

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High Visibility Safety Apparel

o Apparel performance class was not selected

based upon an assessment of the work.• i.e., Class 2 or Class 3

o Workers were not wearing high visibility

safety apparel, or;

o Apparel was improperly maintained and

remained in use beyond its useful service

life.

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Trenching Hazards

What’s wrong with this

picture?

Worker outside protective system!

What’s wrong with this

picture?

Inadequate Access!

No Protective System!

What’s wrong with this

picture?Too Close!

No Protective System!

Unsafe Access!

No PPE!

T&E Summary

o The greatest risk in an excavation is a cave-in.

o Employees can be protected through sloping, shielding, and shoring the excavation.

o A competent person is responsible to inspect the excavation and protect employees.

o Other excavation hazards include water accumulation, oxygen deficiency, toxic vapors or fumes, falls, and mobile equipment.

Tree Work Hazards

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Hazards of tree felling and

trimming

o PERRP and OSHA Region 5 both have an emphasis program to conduct inspections on these hazards.

o PERRP focus began in April 2014, OSHA began its program in October 2013.

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Permit Required Confined

Spaces: 29 CFR 1910.146 &

1926 Subpart AA

Identification,

evaluation and safe

entry requirements for

confined spaces in

public employment

workplaces

PERRP

“Confined Space” means:

o The location is large enough, and

configured, so that a person can bodily enter

and perform assigned work; and

o Has limited or restricted means of entry or

exit; and

o Is not designed for continuous human

occupancy.

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Permit Required Confined

Space

o A space that has one or more of the following

characteristics:• Contains or has a potential to contain a hazardous

atmosphere;

• Contains a material that has the potential for engulfing

an entrant;

• Has an internal configuration that may cause an

entrant to be trapped or asphyxiated by inwardly

converging walls or by a floor that slopes downward

and tapers to a smaller cross-section;

• Contains any other recognized serious safety or

health hazard. 38

Confined Space Hazards

o Atmospheric

o Physical Configuration

o Mechanical

o Electrical

o Thermal

o Noise

o Vibration

o Engulfment or

Entrapment

PERRP

PERRP

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The STATS…

o 45% due to asphyxiation

o 41% due to poisoning

o 14% from drowning

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Asphyxiation

Poisoning

Drowning

Approximately 670 workers died in confined spaces.

*Source: “Worker Deaths in Confined Spaces: A Summary of Surveillance Findings and Investigative Case Reports”,

NIOSH Publication, 4676 Columbia Pkwy., Cincinnati, OH 45226-1998.

Many of the victims were

would-be rescuers.

According to the National Institute for Occupational Safety

and Health (NIOSH), from 1983 to 1993*:

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Fatal Facto Wastewater treatment

worker was working alone at

a normally unmanned plant.

o Employee was using a

typical sampling cup to

collect clarifier samples.

o While collecting samples,

the employee fell into the

clarifier tank and was pulled

under by the tank pump.

PERRP

PERRP

41

Fatal Fact

o Crew of three workers were called on a weekend to respond to a flooded wastewater dry well.

o Crew used a gasoline powered pump to empty well.

o One crew member collapsed and died after entering drained well.

o Second worker collapsed and was hospitalized after attempting to rescue first worker.

PERRP

PERRP

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PRCS Evaluation Elements

o As part of the overall written PRCS program,

the PRCS evaluation must:• Identify and evaluate the hazards of permit spaces

before employees enter them;

• Identify the means, procedures, and practices

necessary for safe permit space entry operations;

• Specify acceptable entry conditions and testing

procedures to ensure acceptable conditions;

• Identify equipment necessary for safe permit space

entry operations.

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PRCS Program Elements

o Prevent unauthorized entry: These

procedures can include any effective actions,

as long as they accomplish the desired goal.

o Possible actions:• Warning signs;

• Installing locks or covers, etc.

o Identify and evaluate the hazards: Must be

completed before employees enter a PRCS.

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PERRP

Top 10 ViolationsCommon hazards identified during educational facility visits

#10 1910.334(a)(2)(i)

o A portable cord and plug connected piece of

equipment was not visually inspected for

evidence of external or internal defects or

damage.

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#10 1910.334(a)(2)(i)

PERRP PERRP PERRP

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#9 1910.157(e)(2)

o Monthly visual inspections were not

completed of portable fire extinguishers (or

fire hose).

#9 1910.157(e)(2)

PERRP

#8 1910.334(a)(3)(ii)

o Attachment plugs or receptacles were

connected or altered in a manner which

prevented proper continuity of the equipment

grounding conductor.

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#8 1910.334(a)(3)(ii)

PERRP PERRP PERRP

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#7 1910.303(b)(1)(ii)

o Unused openings in electrical equipment

were not effectively closed.

#7 1910.303(b)(1)(ii)

PERRP PERRP PERRP

#6 1910.215(a)(4)

o Abrasive wheel grinder work rest(s) was

missing or it was improperly adjusted or

installed.

#6 1910.215(a)(4)

PERRP PERRP PERRP

#5: 1910.303(f)(2)

o Electrical circuits or disconnects were not

labeled to indicate their purpose.

#5: 1910.303(f)(2)

#4: 1910.212(a)(3)(ii)

o A machine guard was not provided to protect

the operator and other employees in the

machine area from point of operation

hazards (e.g., ingoing nip points, rotating

parts, flying chips and sparks.)

#4: 1910.212(a)(3)(ii)

#3: 1910.37(a)(4)

o Safeguards designed to protect employees

during an emergency were not in proper

working order.

#3: 1910.37(a)(4)

#2: 1910.305(g)(1)(iv)

o Flexible cords and cables were improperly

used.

#2: 1910.305(g)(1)(iv)

#1: 1910.303(b)(2)

o Listed or labeled electrical equipment was

improperly used or installed.

#1: 1910.303(b)(2)

PERRP

Compliance

Assistance

PERRP

Compliance Assistance

o Requests for assistance demonstrate an

employer’s Good Faith effort to achieve

compliance!

o PERRP offers these risk reduction services

TrainingSafety surveys

Health surveys

PERRP

PERRP

PERRP

Compliance Services

o PERRP provides compliance assistance services free of charge.

o Submit requests by mail, fax, or on BWC’s website: http://www.bwc.ohio.gov

o You can also phone in a request to PERRP by calling the investigator/consultant in your area or by contacting the PERRP central office between 8 a.m. and 5 p.m. at:

1-800-671-6858.

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o BWC website: http://www.bwc.ohio.gov

o Ohio Center for Occupational Safety and Health

(OCOSH) courses

o OSHA website: http://www.osha.gov

o National Institute for Occupational Safety and

Health (NIOSH) – OSHA’s sister agency

o OSHA Training Institute Education Centers

o Ohio Forestry Association: http://ohioforest.org

o PERRP Compliance Investigators

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Sources of information

PERRP Contact Information

Ohio Bureau of Workers’ Compensation

Public Employment Risk Reduction Program

13430 Yarmouth Drive

Pickerington, Ohio 43147

PERRP’s Main Number & Refusal to Work/

Fatality Hotline: 1-800-671-6858

BWC’s Main Number: 1-800-OHIOBWC

PERRP Compliance Regions