2019/2020 Cal/OSHA Update · 2020-03-09 · 2019/2020 Cal/OSHA Update Nick Gleiter, Area Manager...

2019/2020

Cal/OSHA Update

Nick Gleiter, Area ManagerCal/OSHA Consultation Services

San Francisco Bay Area(510) 622-2891

[email protected]

WHAT’S NEW 2019?

Recordkeeping

◼ Many employers with more than 10

employees are required to keep records of

serious work-related injuries and illnesses

Low-risk industries are exempt

First aid treatment is exempt

Recordkeeping

◼ Update to recordkeeping in 2002 included

many changes, including adoption of the

300 forms

◼ Federal OSHA’s latest update went into

effect in 2017 and changes again in 2018

NOTE: Cal/OSHA did not adopt these

changes until November 2018, and only

adopted part of the changes

Federal and California

Requirements◼ Currently requires certain employers to

electronically submit Form 300A injury and

illness data to Federal OSHA

◼ Forms 300 and 301 are no longer required to be

submitted

Who? Companies with >250

Employees

◼ Establishments with 250 or more

employees in industries covered by the

recordkeeping regulation must submit

information from their Form 300A by

March 2nd of the following year Form 300A still needs to be posted by February 1st

Who? High Risk Industries

(20-249 Employees)

◼ www.osha.gov/recordkeeping/NAICScodes

forelectronicsubmission.pdf

Where to Report?

◼ OSHA Injury Tracking Application (ITA)

◼ www.osha.gov/injuryreporting/index.html

Electronic Submission

◼ AB 2334 (Thurmond) If OSHA eliminates requirements that employers

electronically submit OSHA injury and illness data,

the division shall, within 120 days of the

determination, convene an advisory committee to

evaluate how to implement the changes

necessary to protect the goals of the Improve

Tracking of Workplace Injuries and Illnesses rule,

as issued May 12, 2016

◼ www.dir.ca.gov/dosh/doshreg/Electronic-Injury-Reporting

Protection from Wildfire Smoke

• NEW EMERGENCY

REGULATION

• Section 5141.1

Effective July 29, 2019

Expires on January 18,

2020

◼ Can get two 90 day

extensions

◼ Working on permanent

regulation with public input

(advisory committee)

Protection from Wildfire Smoke• This section applies to workplaces where:

◼ The current Air Quality Index (current AQI) for PM2.5

is 151 or greater, regardless of the AQI for other

pollutants; and

◼ The employer should reasonably anticipate that

employees may be exposed to wildfire smoke

Protection from Wildfire Smoke Exceptions:

◼ Enclosed buildings or structures

in which the air is filtered by a

mechanical ventilation system and

the employer ensures that

windows, doors, bays, and other

openings are kept closed to

minimize contamination by outdoor

or unfiltered air

◼ Enclosed vehicles in which the

air is filtered by a cabin air filter

and the employer ensures that

windows, doors, and other

openings are kept closed to

minimize contamination by outdoor

or unfiltered air


Exceptions:

◼ The employer demonstrates that the concentration of

PM2.5 in the air does not exceed a concentration that

corresponds to a current AQI of 151 or greater by

measuring PM2.5 levels at the worksite in accordance

with Appendix A

◼ Employees exposed to a current AQI for PM2.5 of 151

or greater for a total of one hour or less during a shift

◼ Firefighters engaged in wildland firefighting


Current Air Quality Index (Current AQI)

◼ The method used by the U.S. Environmental

Protection Agency (U.S. EPA) to report air quality on

a real-time basis


PM2.5 - Solid particles and liquid droplets

suspended in air, known as particulate matter,

with an aerodynamic diameter of 2.5 micrometers

or smaller

Wildfire Smoke - Emissions from fires in

“wildlands,” as defined in Title 8, section 3402, or

in adjacent developed areas

◼ What about gases and vapors?

How Small Is 2.5 Microns?


The employer shall determine employee

exposure to PM2.5 for worksites before each

shift and periodically thereafter, as needed to

protect the health of the employee

◼ Exception: Employer assumes the current AQI for

PM2.5 is greater than 500


Employer must establish and implement a

system for communicating wildfire smoke

hazards, in a form readily understandable by all

affected employees, including provisions

designed to encourage employees to inform the

employer of wildfire smoke hazards at the

worksite without fear of reprisal

Think 3203!


Training◼ As required by section 3203, the employer shall provide

employees with effective training and instruction. At a

minimum, this shall contain the information in

Appendix B, Protection from Wildfire Smoke

Information to Be Provided to Employees

(Mandatory)

◼ Appendix B needs to be established, implemented, and

maintained specific to the company’s needs


Control of harmful exposures to employees:

◼ Engineering Controls

Reduce employee exposure to PM2.5 to less than

a current AQI of 151. If controls are not sufficient

to reduce exposure to PM2.5 to less than a

current AQI of 151, then reduce employee

exposures as much as feasible.

◼ Administrative Controls

Relocating work, changing work schedules,

reducing work intensity, or providing additional

rest periods

◼ PPE


PPE – Respiratory Protection

◼ AQI for PM2.5 is >151 and <500 - Provide respirators

to all employees for voluntary use in accordance

with section 5144 and encourage employees to use

respirators… such as N95 filtering facepiece

respirators

NOTE 1: Use 5141.1 Appendix B in lieu of 5144

Appendix D for training regarding voluntary use

NOTE 2: For voluntary use of filtering facepieces,

such as N95 respirators, some of the requirements of

section 5144 do not apply, such as fit testing and

medical evaluations


PPE – Respiratory Protection

◼ Where the current AQI for PM2.5 >500, respirator

use is required in accordance with section 5144

◼ The employer shall provide respirators with an

assigned protection factor, as listed in section 5144,

such that the PM2.5 levels inside the respirator

correspond to an AQI less than 151

◼ NOTE: Will need to implement 5144, including

medical evaluations, annual fit testing, annual

training, etc.

Life Rings and Personal

Flotation Devices

◼ Effective: April 1, 2019

WHAT’S NEW 2020?

Serious Injury and Illness

– AB 1805

• Effective: January 1, 2020

• Change to California Labor Code definition of

“Serious Injury or Illness”

• Not yet changed in Title 8 CCR Section 342, but

will happen

Serious Injury and Illness

(OLD)

• Included• Fatalities

• Loss of body part

• Permanent disfigurement

• Hospitalization >24 hours for medical treatment

• Catastrophes / Significant media coverage

Serious Injury or Illness

– AB 1805 (New)

• Effective: January 1, 2020

• “Serious injury or illness” means any injury or illness

occurring in a place of employment or in connection with

any employment:

• requiring inpatient hospitalization, for other than medical

observation or diagnostic testing

• amputation

• loss of an eye

• any serious degree of permanent disfigurement

• does not include any injury or illness or death caused by an

accident on a public street or highway, unless the accident

occurred in a construction zone

Reporting Serious Injuries

Call, fax, or email* the local enforcement District Office (www.dir.ca.gov/dosh/DistrictOffices.htm):

Within 8 hours

Phones answered 24 / 7

Emergency responders will also notify Cal/OSHA

$5,000 minimum citation for not reporting

*Legislation for Cal/OSHA to develop electronic reporting system (AB 1804)

Citation Categories & Penalties

◼ Regulatory

Before 2018 - Up to $7,000

$12,471 / $13,047 / $13,277

◼ General

Before 2018 - Up to $7,000

$12,471 / $13,047 / $13,277

◼ Serious

Includes serious Tower Cranes

and Carcinogens use violations

Up to $25,000

◼ Repeat* Eliminates some adjustments $124,709 / $130,464 / $132,765

◼ Failure to Abate Maximum penalty up to $15,000 per

calendar day

◼ Willful Before 2018 - Up to $70,000 $124,709 / $130,464 / $132,765 Minimum: $9,483

Red – Citations issued in 2018

Green – Citations issued in 2019

Blue – Citations issued in 2020

*New Definition of “Repeat” – goes back five (5) years and state-wide

Employee Access to IIPP

◼ Approved by OSHSB: January 16, 2020

◼ Adoption date: Likely April 1, 2020

◼ Adds new subsection (a)(8) to 3203, Allow

employee access to the Program


◼ The term “access” means the right and

opportunity to examine and receive a copy

(free)

◼ The term “designated representative”

means any individual or organization to

whom an employee gives written

authorization to exercise a right of access A recognized or certified collective bargaining agent shall be

treated automatically as a designated representative


◼ Provide access in a reasonable time, place,

and manner, but in no event later than five

(5) business days after the request is

received

◼ Employer shall provide the requester a

printed copy of the Program, unless the

requestor agrees to receive an electronic

copy


◼ One printed copy of the Program shall be

provided free of charge◼ If the requestor requests additional copies of the Program

within one (1) year of the previous request and the Program

has not been updated with new information since the prior copy

was provided, the employer may charge reasonable, non-

discriminatory reproduction costs for the additional copies.

-- Or --

◼ Provide unobstructed access through a company server or

website (meaning employee has regular routinely uses

electronic means for communication)


◼ The Program provided to the employee or

designated representative need not

include any of the records of the steps

taken to implement and maintain the

written Program

◼ The employer shall communicate the right

and procedure to access the Program to all

employees

2020 AND BEYOND

OSH Standards Board’s Website www.dir.ca.gov/oshsb/oshsb.html

Proposed Regulations

◼ Single-User Toilet Facilities

◼ Tree Work, Maintenance or

Removal - Use of Portable

Power Saws

◼ Outdoor Agricultural

Operations During Hours of

Darkness

◼ Commercial Diving

Operations

Proposed Regulations

◼ Process Safety Management of Acutely

Hazardous Materials, Appendix A List of

Acutely Hazardous Chemicals, Toxics and

Reactives (HORCHER)

◼ Heat Illness Prevention in Indoor Places of

Employment

Advisory Committees

◼ Lead in Construction and General Industry

Legislative deadline to update the occupational lead

standards by September 30, 2020

◼ Workplace Violence in General Industry

◼ Surgical Plume and Smoke

◼ Naturally Occurring Asbestos in Construction

◼ Medical Services and First Aid

◼ PELs

AB 35 Worker safety: blood

lead levels: reporting

◼ CDPH’s OLPPP to begin reporting

elevated blood lead levels to Cal/OSHA

starting January 1, 2020

◼ Cal/OSHA notified when a worker has a

blood lead level of 20 micrograms per

deciliter or higher

Cal/OSHA is required to open an enforcement

inspection promptly at these workplaces

Hot Issues for 2020

◼ Silica and Heat Illness Prevention outreach by

consultation and enforcement continues

◼ 5199, Aerosol Transmissible Diseases

New Wuhan Coronavirus – emerging novel or

unknown ATP (a pathogen capable of causing serious

human disease) is addressed by 5199

Hot Issues for 2020

◼ Valley Fever

◼ Trenching (Federal)

◼ Portland Cement (Federal)

◼ Amputations (Federal)

◼ CSHO staffing levels – come work for Cal/OSHA!

Top 20 Citations (CY 2015 to 2019)

Rank T8CCR Section Details

20 1670(a) Fall protection (7 ½’) (construction)

19 3203(a)(7) IIPP (employee training)

18 3395(c) HIPP (providing water)

17 2340.16(a) Blocked electrical equipment and/or controls

16 3314(g)(2)(A) LO/TO (equipment specific written procedures)



15 3203(b)(2) IIPP Training records (1 year)

14 1509(b) Code of Safe Practices (written) (construction)

13 6151(c)(1) Fire Extinguishers (providing)

12 1512(b) First Aid (Training) (construction)

11 3314(c) LO/TO (cleaning, servicing and adjusting)



10 5162(a) Emergency Eyewash and Shower

9 3203(a)(4) Injury and Illness Prevention (inspections)

8 3395(h)(1) Heat Illness (employee training)

7 461(a) Air Tank Permit (>1.5 ft2 or 11.22 gal)

6 5194(e)(1) Hazard Communication Program (written)



5 1509(c) IIPP Code of Safe Practices (posted) (construction)

4 342(a) Reporting a serious injury

3 1509(a) Injury and Illness Prevention Program (construction)

2 3395(i) Heat Illness Prevention (written plan)

1 3203(a) Injury and Illness Prevention Program (written

plan)

RESOURCES

Worksafe BC - videos

www.worksafebc.com

• FREE videos (Streaming or downloaded)

and other S&H information

State Compensation

Insurance Fund (SCIF)

www.safeatworkca

.com

New website with

all safety & health

info

Key in “Safety

Meeting Topics”

OSHA Resources

Cal/OSHA

www.dir.ca.gov/dosh

• Publications

• Title 8 regulations

• Policy and Procedure

Fed/OSHA

www.osha.gov

• Educational materials

• Title 29 of the Code of

Federal Regulations

Cal/OSHA Consultation Service

Toll-Free Number 1-800-963-9424

• San Fernando Valley 6150 Van Nuys Boulevard, Suite 307 Van Nuys, CA 91401 (818) 901-5754

• LA/Orange1 Centerpointe Drive, Suite 150La Palma, CA 90623(714) 562-5525

• San Bernardino464 W. 4th Street, Suite 339 San Bernardino, CA 92401 (909) 383-4567

• San Diego 7575 Metropolitan Drive, Suite 204San Diego, CA 92108 (619) 767-2060

• Northern California 2424 Arden Way, Suite 410 Sacramento, CA 95825(916) 263-0704

• San Francisco Bay Area 1515 Clay Street, Suite 1103 Oakland, CA 94612 (510) 622-2891

• Central Valley 2550 Mariposa Mall, Room 2005Fresno, CA 93721 (559) 445-6800

Important Link on Cal/OSHA’s

Webpage –

ww.dir.ca.gov/dosh

Any Questions?

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2019/2020 Cal/OSHA Update · 2020-03-09 · 2019/2020 Cal/OSHA Update Nick Gleiter, Area Manager...

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