30-HOUR GENERAL INDUSTRY TRAINING30-HOUR GENERAL INDUSTRY TRAINING A 5-day OSHA-authorized Outreach...

CAL/OSHAWORKPLACE

SAFETY30-HOUR GENERAL INDUSTRY TRAINING

Enterprise SolutionsDeveloping Your Talent for Engagement & Growth

Enterprise Solutions embraces the blended learning experience. Our approach offers you a wide range of learning options customized to meet your organization’s performance goals, development needs and multigenerational learning styles.

PartnershipWe work with you to

understand your needs and deliver on-time,

on-target training so you look like a rock star.

Scalable ContentEnhance your training with

hundreds of topics, each adaptable to anything from microlearning modules to

multilevel programs.

Fast DeliveryGet your team trained

faster thanks to our industry-leading

responsiveness and single point of contact.

Measurable ROIWe follow ROI criteria set by your company—and measure success by four keys: Reaction, learning,

behavior and results.

Two more reasons to choose Enterprise Solutions • Our world-class trainers are perfectly matched to your

specific needs. We have more than 300 dynamic, empowering, energetic and knowledgeable facilitators who will integrate content with your training goals and deliver a wide variety of learning experiences—traditional, interactive or experiential.

• It’s guaranteed. Our training comes with a 100% satisfaction guarantee. We conduct quality evaluations after each training day to ensure your complete satisfaction.

Your employees are unique.

Their training should be too.

Learning that’s tailored to your people, your place, your objectives

Enterprise Solutions creates learning and development programs tailored for your organization and aligned to your core values. Our solutions are built on the foundation of five learning pillars that drive organizational success.

• Leadership: Building strong leaders at every level is the key to success. Our solutions are crafted to help you identify and transform your organization’s high-potential employees into leaders.

• Teamwork: Teamwork and collaboration are essential to workplace success. When individual talents work together in pursuit of the same goals, the company thrives.

• Productivity: Individuals who continually improve their skills and learn new ones work more effectively, driving productivity.

• Communication: Good communication is critical to organizational effectiveness. It builds and maintains morale and fosters trust among co-workers.

• Compliance: A strong culture of integrity, ethics and compliance is an operational asset. Regardless of industry, organizations must learn and practice the essentials of compliance and promote a safe, secure work environment.

CUSTOM • CREATIVE • COLLABORATIVEFor more information about our blended learning solutions, call us at 1-866-222-6315 or request a complimentary assessment at es.skillpath.com.

Cal/OSHA Workplace Safety: 30-Hour General Industry Training© SkillPath

a division of the Graceland College Center for Professional Development and Lifelong Learning, Inc.All rights reserved, including the right to reproduce this material or any part thereof in any manner.

Name

Date

Speaker

Attendance is mandatory to receive your card. Cards ship approximately six to eight weeks following your event. Please confirm your address upon registration.

OSC5112618

Workshop AgendaCal/OSHA Workplace Safety: 30-Hour General Industry Training Goals .................................... 6California OSHA 30-Hour Outreach Course Agenda ................... 7Cal/OSHA Workplace Safety: 30-Hour General Industry Training Pre-test .......................................................................... 9Action Page ................................................................................ 12

Introduction to OSHA and Cal/OSHAOSHA 40+ Year Milestones....................................................... 13What Is OSHA? .......................................................................... 17Understand OSHA ...................................................................... 18Understanding OSHA and Cal/OSHA ........................................ 21Code of Federal Regulations ..................................................... 28Code of California Regulations .................................................. 30The Enforcement Inspection ...................................................... 35Cal/OSHA Citations and Penalties ............................................ 39Penalty Reduction Factors ......................................................... 43Petition for Modification of Abatement (PMA) ......................... 45Informal Conference .................................................................. 46Written Notice of Contest ......................................................... 47California Penal Code Section 387 ............................................ 48Most-Cited Violations ................................................................ 50Most Serious Violations ............................................................ 51The General Duty Clause (CA Labor Code 6400)....................... 52

Managing Safety and HealthRecommended Practices for Safety and Health Programs ...... 54Injury and Illness Prevention Program (Section 3203) .............. 58How-to’s for Effective Safety: Employer Responsibilities and Rights ....................................................... 60How-to’s for Effective Safety: Employee Responsibilities and Rights ....................................................... 62How-to’s for Effective Safety: Safety Committees ................... 63How-to’s for Effective Safety: The Self-Inspection .................. 65How-to’s for Effective Safety: Job Hazard Analysis ................. 67How-to’s for Effective Safety: Training ..................................... 70

Walking and Working SurfacesWalking-Working Surfaces (CCR Title 8, Chapter 4, Subchapter 7, Groups 1 and 2) .................................................. 71

4OSC5112618

Fall Protection ............................................................................ 75Walking-Working Surfaces and Fall Protection Standards Update .................................................... 78

Exit Routes, Emergency Action Plans, Fire Prevention and Fire ProtectionExit Routes/Emergency Action Plan (Sections 3209 – 3216, 3220 – 3225, 3362) ............................. 82Fire Protection (Sections 6151 and 6170) ................................. 89

Electrical SafetyElectrical Safety (CCR Title 8, Chapter 4, Subchapter 5) .......... 93Control of Hazardous Energy (Section 3314) ........................... 101

Lockout/TagoutLockout/Tagout ........................................................................ 103

Permit-Required Confined SpacesPermit-Required Confined Space (Section 5157) .................... 107

Medical Services and First AidMedical Services and First Aid (Section 3400) ....................... 110

Introduction to Industrial HygieneIntroduction to Industrial Hygiene .......................................... 112

Hazard CommunicationHazard Communication (Section 5194) ................................... 115

Bloodborne PathogensBloodborne Pathogens (Section 5193) .................................... 124

Materials HandlingSubpart N: Materials Handling and Storage (29 CFR 1910.176 – 184) .......................................................... 134Before Moving, Handling and Storing Materials, Train Workers .......................................................................... 139Powered Industrial Trucks ....................................................... 143Powered Industrial Truck Training Requirements (Section 3664) .......................................................................... 145

Hazardous MaterialsCompressed Gases 1910.101 .................................................. 152Flammable and Combustible Liquids 1910.106 ...................... 155Process Safety Management of Highly Hazardous Chemicals 1910.119 .............................................. 157

Personal Protective EquipmentPersonal Protective Equipment (Sections 3380 – 3390) ......... 160Respirator Standard (Section 5144) ........................................ 165

Health HazardsOccupational Noise Exposure (Sections 5095 – 5100) ........... 169Heat Illness Prevention (Section 3395) ................................... 173Workers’ Exposure to Respirable Crystalline Silica................ 181Occupational Exposure to Beryllium (Federal Register: 82:2470 – 2757) ......................................... 184Asbestos ................................................................................. 185Exposure to Benzene ............................................................... 189

Machine GuardingMachine Guarding (Sections 3328, 4184, 4070, 3577, 3578) ................................ 195

ErgonomicsErgonomics (Section 5110) ...................................................... 200Determine Ergonomic Risk Factors ......................................... 205

Workplace ViolencePrevent Violence in the Workplace ......................................... 207

Accident InvestigationsAccident Investigation Overview and Procedures .................. 211

Reporting and Recording Occupational Injuries and IllnessesRecording and Reporting Occupational Injuries and Illnesses (Section 14300) ........................................................................ 215

Make the Determination ..................................................... 229

AppendixAppendix A: Rate Your Organization ....................................... 240Appendix B: Voluntary Use of Respirators .............................. 241Appendix C: Workplace Violence ............................................ 242

DOSH Injury and Illness Prevention Model Program .......... 245Appendix D: OSHA Regional Offices ....................................... 251Appendix E: Cal/OSHA Form 1A .............................................. 252Appendix F: Cal/OSHA Form 1BY ............................................ 254Appendix G : Serious Violation (CA Labor Code 6432) ........... 256Appendix H: Specific Federal and Cal/OSHA Standards That Mandate Training .......................................... 259

5 OSC5112618

WORkSHOP AGENDA

Cal/OSHA Workplace Safety: 30-Hour General Industry Training Goals 1. Create a more in-depth understanding of the safety program

elements of an Injury and Illness Prevention Program (SB 198) Objectives: • Identify evidence to show Cal/OSHA you have safety leadership • Develop and maintain worker involvement • Identify ways to recognize and prevent workplace hazards • Learn to develop safer habits and attitudes

2. Develop a more in-depth understanding of California’s safety and health orders

Objectives: • Identify sources to locate and use the safety standards • Apply interpretations to the workplace • Apply the hierarchy of accident prevention

3. Maintain an inspection-ready facility Objectives: • Help share the hazard recognition responsibility • Discuss the job hazard analysis and self-inspection process • Define required training and education programs

4. Explain the inspection process and its effects Objectives: • Develop a pre-inspection contingency plan • Identify Cal/OSHA inspection priorities • Advise workers on their rights and responsibilities • Clearly state the rights and responsibilities of employers

5. Define the violation and penalty assessment procedure and the right of appeal

Objectives: • Identify how to qualify for significant penalty reductions • Maintain records and reporting procedures • Compare the company rights with the inspector’s • Learn how to effectively evaluate your safety program

6OSC5112618

CAL/OSHA WORkPLACE SAFETY: 30-HOUR GENERAL INDUSTRY TRAINING GOALS

Introduction to OSHA and Cal/OSHA • OSHA milestones and the safety movement • The Occupational Safety and Health

Act/OSHA • Standards—federal and Cal/OSHA • Pre-inspection plan • Inspections, citations, penalties • The General Duty Clause

Managing Safety and Health • Safety and health programs best practices • Injury and illness prevention program

(Cal/OSHA eight elements) • Employer responsibilities and rights • Employee responsibilities and rights • Safety committees • Self-inspections and job hazard analysis

Walking and Working Surfaces • Preventing slips, trips and falls • Guardrails, stair rails and handrails • Ladders • Fall protection

Exit Routes, Emergency Action Plans, Fire Prevention and Fire Protection • Exit routes • Emergency action plan • Fire prevention plan • Fire suppression systems

Electrical Safety • Hazards of electricity • Defenses against electrical hazards • OSHA’s most cited electrical standards

Lockout/Tagout • The control of hazardous energy

Permit-Required Confined Spaces • Permit-required and nonpermit-required

confined space

Medical Services and First Aid • First aid • Eye wash and showers

Introduction to Industrial Hygiene • Types of hazards • Routes of entry • Defenses • Forms of measurement

Hazard Communication • Written program • Training and education • Safety Data Sheet (SDS) • Labeling system

Bloodborne Pathogens • Occupational exposure • Exposure control plan • Training • Hepatitis B vaccines • Exposure incidents

Materials Handling • Handling materials—General • Use of mechanical equipment • Powered industrial vehicles • Powered industrial vehicle training

and evaluation

California OSHA 30-Hour Outreach Course Agenda

7 OSC5112618

COURSE AGENDA

Hazardous Materials • Compressed gasses, flammable and

combustible liquids • Process safety management of highly

hazardous chemicals

Personal Protective Equipment • Workplace hazard assessment • Training • Respirators

Health Hazards • Noise exposure • Hearing conservation program • Heat Illness Prevention • Silica • Beryllium • Asbestos • Benzene

Machine Guarding • General machine guarding • Point of operation • Grinders • Pulleys

Ergonomics • OSHA’s strategy for ergonomics • Ergonomics program requirements • Back injury prevention

Workplace Violence • Types of violence • Violence in health care and the

Cal/OSHA requirements • Workplace violence hazard assessment • Develop a violence prevention program

Accident Investigations • How to do an effective accident investigation • Identify who should be involved • Take action with the results

Reporting and Recording Occupational Injuries and Illnesses • Partially exempt • Reporting fatalities and catastrophes • Recording criteria • Filling out the forms • What to do with the data

8OSC5112618

COURSE AGENDA

Cal/OSHA Workplace Safety: 30-Hour General Industry Training Pre-test 1. Which of the following best describes the intent of the Occupational Safety

and Health Act of 1970? a. To force companies to minimize accidents in their workplaces b. To assure safe and healthful working conditions, and to preserve

human resources c. To eliminate the tremendous 29% increase in occupational injuries that

occurred during the 1960s d. To eliminate or minimize on-the-job exposure to chemicals and

safety hazards

2. An employer believes he or she has been treated unfairly by being issued a citation and decides to contest the citation. He or she may do so by which of the following procedures?

a. At the time of the follow-up inspection, give the CSHO a letter requesting the citations be withdrawn

b. Notify the Secretary of Labor c. Notify OSHA in writing within 15 working days d. Contact legal counsel and initiate a small claims suit that names OSHA

as the defendant

3. Egress is best described as: a. An identified exit of escape b. A function of the fire protection requirements of a building c. The way to, through, and away from an exit d. The emergency discharge from a building e. Any of several white tropical birds with long, drooping plumes

4. OSHA distinguishes among various classes of flammable and combustible liquids. What is the easiest way to express the difference between flammables and combustibles?

a. There is no difference; only the classes of materials make a difference b. Flammables ignite spontaneously and are highly hazardous. Combustibles

require a spark or flame to ignite. c. Flammables ignite at low temperatures. Combustibles need to be raised to

higher temperatures to ignite. d. Flammables are reactive and cannot be mixed with other materials

OSC51126189

PRE-TEST

5. Employee participation in an OSHA inspection is encouraged. All of the following functions are encouraged and solicited from employees by the CSHO during the inspection, except:

a. An employee representative is asked to participate in an opening conference with management and the CSHO

b. Employees are interviewed about health and safety conditions in their workplace

c. An employee representative is requested to participate in a closing conference with management and the CSHO

d. The employee is asked to estimate the period of time necessary to achieve abatement of specific workplace hazards

6. Records provided for in CCR Title 8, Chapter 7, Section 14300 shall be retained in each establishment for:

a. Three years following the end of the year to which they relate b. Five years following the end of the year to which they relate c. The duration of employment of the employee involved plus 30 years d. Records for previous years do not have to be maintained in

the establishment

7. Why is personal protective equipment the “last resort” in hazard abatement? a. The equipment is variable in its effectiveness b. Workers may not use the equipment properly c. Elimination of the hazard is always preferred d. OSHA prefers that other methods be employed first e. All of the above

8. Ladders must be OSHA approved to be used in the workplace. a. True b. False

9. Persons who work around or near live electrical equipment must be ________ to do so.

a. Competent b. Knowledgeable c. Qualified d. Certified e. None of the above

OSC5112618 10

PRE-TEST

10. The purpose of OSHA’s Hazard Communication Standard is: a. To inform OSHA of hazardous situations in each workplace b. To require chemical importers to maintain extensive records c. To ensure that the hazards of all chemicals produced or imported are

evaluated and that information concerning their hazard is transmitted to employers and employees

d. To collect information on hazardous materials for use by fire departments and other agencies in case of fire or explosion

11. When a situation is determined to be hazardous or in noncompliance, abatement must be initiated. Abatement requires immediate attention, but may be dealt with over a planned period of time.

a. True b. False

12. An acceptable method of rescue from a permit space is: a. A rope tied around a worker’s waist b. A lone attendant entering the confined space as soon as trouble starts inside c. Rescue by any person, whether trained or not in first aid or CPR d. A trained person with SCBA entering the space after additional help arrives

13. When testing the air in confined spaces, what are you testing for? a. Oxygen levels b. Air contaminants c. If a permit is required d. All of the above

14. Set the base of an extension ladder 1 foot out from the wall for every 4 feet of ladder height.

a. True b. False

15. A positioning device catches the worker after a fall. a. True b. False

16. No more than three people are allowed to hook up to a single vertical lifeline. a. True b. False

17. Ladder safety devices let you use both hands to climb the ladder. a. True b. False

OSC511261811

PRE-TEST

Action PageKey points to follow up on when I get back to work:

1. _____________________________________________________________

_____________________________________________________________

2. _____________________________________________________________

_____________________________________________________________

3. _____________________________________________________________

_____________________________________________________________

4. _____________________________________________________________

_____________________________________________________________

5. _____________________________________________________________

_____________________________________________________________

6. _____________________________________________________________

_____________________________________________________________

7. _____________________________________________________________

_____________________________________________________________

8. _____________________________________________________________

_____________________________________________________________

9. _____________________________________________________________

_____________________________________________________________

10. _____________________________________________________________

_____________________________________________________________

12OSC5112618

ACTION PAGE

OSHA 40+ Year MilestonesDecember 29, 1970: President Richard M. Nixon signs the Occupational Safety and Health Act of 1970.

May 29, 1971: First standards are adopted to provide baseline for safety and health protection.

January 17, 1972: OSHA Training Institute is established to instruct OSHA compliance officers.

November – December 1972: First states are approved (South Carolina, Montana, Oregon) to run their own OSHA programs.

1974: California Occupational Safety and Health Act is passed.

May 20, 1975: The free consultation program is created. To date, nearly 500,000 businesses have participated.

January 20, 1978: Supreme Court decision sets staffing benchmarks for state plans.

April 12, 1978: New Directions Grants Program is created to foster development of OSHA training and education.

May 23, 1978: Supreme Court rules that OSHA must have employer’s consent or a search warrant to conduct an on-site inspection. See Marshall v. Barlow’s, Inc., 436 U.S. 307 (1978).

November 14, 1978: Lead Standard is published to reduce permissible exposures.

February 26, 1980: Supreme Court decision on Whirlpool affirms workers’ rights to engage in safety and health-related activities.

May 23, 1980: Medical and Exposure Records Standard is finalized.

July 2, 1980: Supreme Court decision vacates OSHA’s Benzene Standard, establishing the principle that OSHA standards must address and reduce “significant risks” to workers.

September 12, 1980: Fire Protection Standard is updated and rules are established for fire brigades.

January 16, 1981: Electrical standards are updated to simplify compliance.

July 2, 1982: Voluntary Protection Programs (VPPs) are created to recognize work sites with outstanding safety and health programs.

1970

1975

1980

13 OSC5112618

INTRODUCTION TO OSHA AND CAL/OSHA

November 25, 1983: Hazard Communication Standard is promulgated.

November – December 1984: First “final approvals” are granted to state plans (Virgin Islands, Hawaii, Alaska), giving them authority to operate with minimal oversight from OSHA.

April 1, 1986: First instance-by-instance penalties are proposed against Union Carbide’s plant in Institute, WV.

December 31, 1987: Grain-Handling Facilities Standard is adopted to protect 155,000 workers.

January 26, 1989: Safety and Health Program Management Guidelines are published.

March 6, 1989: Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard is promulgated to protect 1.75 million public and private workers.

September 1, 1989: Lockout/Tagout of Hazardous Energy Sources Standard is issued.

November 5, 1990: OSHA revised the Act to increase the penalties by 700 percent.

December 6, 1991: Occupational Exposure to Bloodborne Pathogens Standard is published.

February 24, 1992: Process Safety Management of Highly Hazardous Chemicals Standard is adopted to reduce fire and explosion risks for 3 million workers.

October 1, 1992: Education centers are created to make OSHA training courses more widely available to employers, workers and the public. In Region IX, see below:• Chabot-Las Positas Community College District: (866) 936-

OSHA (6742)• California State University of Dominguez Hills, College of

Extended Education: (888) 4LA-OSHA or (310) 243-2425• University of California, San Diego: (800) 358-9206 or

(619) 260-3070

January 14, 1993: Permit-Required Confined Spaces Standard is promulgated.

August 9, 1994: Fall Protection in the Construction Standard is revised.

August 10, 1994: Asbestos Standard is updated to cut permissible exposures.

1985

1990

14OSC5112618


September 4, 1995: Formal launch of OSHA’s expanded Web page provides OSHA standards and compliance assistance via the Internet.

June 6, 1996: Phone/fax employee complaint-handling policy is adopted to speed resolution of complaints.

August 30, 1996: Scaffold Standard is published.

November 9, 1998: OSHA Strategic Partnership program is launched to improve workplace safety and health through national and local cooperative voluntary agreements.

April 19, 1999: Site-Specific Targeting Program is established to focus OSHA resources where most needed, on individual work sites with the highest injury and illness rates.

January 1, 2000: California Assembly Bill 1127 becomes effective. This law made significant changes to 12 sections of the California Labor Code, nearly all to the California Occupational Safety and Health Act (Section 6300 et seq.), which provides the statutory foundation for the activities of the Cal/OSHA Enforcement Unit.

November 14, 2000: Ergonomics Program Standard is promulgated to prevent 460,000 musculoskeletal disorders among more than 102 million workers.

January 16, 2001: Ergonomics Guidelines become the Ergonomics Standard.

March 20, 2001: President George W. Bush signs a joint resolution of Congress disapproving the Ergonomics Standard. It returns to guidelines status.

April 18, 2001: Bloodborne Pathogens Standard is revised to include new Needlestick Safety and Prevention Act.

January 1, 2002: Recordkeeping requirements are revised to include use of new OSHA 300, 301 and summary forms.

January 1, 2011: California Assembly Bill 2774 becomes effective. Cal/OSHA’s burden of proof of a serious violation is reduced from “substantial probability” to a “realistic possibility”; and Cal/OSHA inspectors will be considered to be expert witnesses.

May 25, 2012: Hazard Communication Standard is updated to incorporate the Global Harmonized System of Communication for labels and safety data sheets.

January 1, 2015: Reporting requirements are revised to reduce reportable in-patient hospitalizations from three to one; and added amputation and loss of an eye to list of reportable events.

2000

1995

2005

2010

2015

15 OSC5112618


January 1, 2015: Recordkeeping partial exemptions are based on NAICS codes rather than SIC codes.

May 1, 2015: California Department of Industrial Relations and Cal/OSHA jointly issue amendments, and new requirements to the Heat Illness Prevention Standard go into effect.

June 23, 2016: Occupational Exposure to Respirable Crystalline Silica final rule goes into effect. Compliance dates are established for Construction ( June 23, 2017), General Industry and Maritime ( June 23, 2018) and Hydraulic Fracturing ( June 23, 2018 for all provisions except Engineering Controls, which has a compliance date of June 23, 2021).

16OSC5112618


What Is OSHA?The Occupational Safety and Health Act of 1970 (OSH Act) was passed into law through a bipartisan Congress and signed by President Nixon on Dec. 29, 1970.

The Occupational Safety and Health Administration was established under the Department of Labor to administer the Act. Concurrently, the National Institute of Occupational Safety and Health (NIOSH) was established under what is now the Department of Health and Human Services, and the Occupational Safety and Health Review Commission (OSHRC) was set up under the Department of Justice.

The Occupational Safety and Health Act—1970DOL HHS DOJ

➞ ➞ ➞

OSHA NIOSH OSHRC

Why OSHA?Currently, more than 150 million Americans spend their days on their jobs. They are our most valuable national resources. Yet, until 1970, no uniform and comprehensive provisions existed for their protection against workplace safety and health hazards.

In 1970, the U.S. Congress considered annual figures such as these:

• Job-related accidents accounted for more than 14,000 work deaths• Estimated new cases of occupational diseases totaled 300,000• Nearly 2.5 million workers were disabled

In terms of lost production and wages, medical expenses and disability compensation, the burden on the nation’s commerce was staggering. Human cost was beyond calculation. Therefore, the Occupational Safety and Health Act of 1970 (Williams-Steiger Occupational Safety and Health Act of 1970) was passed by a bipartisan Congress “… to assure, so far as possible, every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” This act requires employers to provide a safe and healthful workplace.

17 OSC5112618


Understand OSHA

Has It Worked?In 1969, Congress studied the impact of occupational injuries and illnesses. About 90 million Americans were in the work force, yet no comprehensive laws existed to protect them from workplace hazards. The results of that study prompted a bipartisan effort in Congress, known as the Williams-Steiger Occupational Safety and Health Act of 1970.

More than 40 years later, similar records are kept by the Bureau of Labor Statistics. The findings show a marked improvement:

Then Now*

Workplace fatalities 14,000 5,200 (approximately)

Workplace injuries/illnesses 2.5 million 3 million (approximately)

Cost of injuries $14.5 billion $200 billion

Today, the American work force is more than 30 percent larger than in 1969, yet less than one-third as many workers are killed or hurt.

While falling short of the lofty goal spelled out in the Act to ensure, as much as possible, safe and healthful working conditions and to preserve the nation’s human resources, OSHA has helped make workplaces much safer.

OSHA’s ResponsibilitiesUnder the Act, the Occupational Safety and Health Administration (OSHA) was created within the Department of Labor to:

1. Encourage employers and employees to reduce workplace hazards and to implement new safety and health programs or improve existing ones

2. Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems

3. Establish “separate but dependent responsibilities and rights” for employers and employees for the achievement of better safety and health conditions

4. Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses

5. Establish training programs to increase the number and competence of occupational safety and health personnel

6. Develop mandatory job safety and health standards and enforce them effectively 7. Provide for the development, analysis, evaluation and approval of state

occupational safety and health programs

*2016, Bureau of Labor Statistics, U.S. Department of Labor18OSC5112618


Safety Policy: Do You Have One at Your Workplace? Challenge: Develop a safety mission statement.

Safety Policy Statement• What is it? • Why do you need one?

In some ways, the company safety policy is like the U.S. Constitution. Neither document provides detailed rules or procedures. Instead, they establish the principles, values and norms under which organizations will operate.

These principles are then applied when establishing, implementing and maintaining the nuts-and-bolts rules on which an organization can thrive. In addition, when the principles, values or norms of the organization change, then the policy document can be amended to reflect the changes and better serve the organization.

Basic Areas That Should Be AddressedWhile there are numerous ways to approach the development or review of a policy, here are a few of the more commonly recommended components:

• Management’s responsibility for the safety and health of all employees (If management provides one, a supporting statement regarding a goal of zero injuries sends a powerful message.)

• A clear statement that unsafe acts and conditions will not be tolerated• Establishment of ongoing programs to support the program• Establishment of adequate budgets to support the program• Design and construction of new facilities to incorporate safety• Employee’s responsibility—a condition of employment to work safely

As you develop or review your company safety policy, remember this comparison:

A safety program without a management-endorsed safety policy would be as vulnerable as our democratic rights would be without the Constitution.

19 OSC5112618


Applied Learning 1. What are the employer’s (company’s) responsibilities for safety?

2. What are the employee’s responsibilities for safety?

20OSC5112618


Understanding OSHA and Cal/OSHA

Who Does OSHA Cover?

Employers and Employees Are Covered by the OSH ActIn general, the Act extends to employers and employees in all 50 states, the District of Columbia, Puerto Rico and all other territories under federal government jurisdiction.

“Employer” as Defined by OSHAAny person in business affecting commerce who has one or more employees, paid or unpaid

“Employee” as Defined by OSHAAnyone who works on behalf of an employer, whether paid or unpaid

“Employer-Employee Relationship” as Defined by OSHAThe employer is determined more by who supervises the “day-to-day work” than who pays the employee.

The employer has only two options when it comes to the safety of those involved in worker relationships. The employer either:

1. Is most responsible for an employee’s safety (supervises the day-to-day work)

or

2. Shares the responsibility for an employee’s safety (multi-employer worksite)

21 OSC5112618


Multi-Employer WorksitesAnother employer-employee relationship deals with contracted employees or multi-employer worksites. According to CCR Title 8, 336.10, on multi-employer worksites the responsibility for the safety of employees falls upon:

(a) The employer whose employees were exposed to the hazard (the exposing employer)

(b) The employer who actually created the hazard (the creating employer); (c) The employer who had the responsibility for actually correcting the hazard

(the correcting employer); or (d) The employer who was responsible, by contract or through actual practice,

for safety and health conditions on the worksite, i.e., the employer who had the authority for ensuring that the hazardous condition was corrected (the controlling employer).

The employers listed in subsections (b) to (d) inclusive, may be cited regardless of whether their own employees were exposed to the hazard.

Avoiding Liability at Multi-Employer WorksitesExposing employers (i.e., the employee’s employer) may be immune from citations if they can show all of the following:

• The employer did not create the hazard• The employer did not have the responsibility or the authority to correct or

remove the hazard• The employer can demonstrate that the creating, the controlling and/or the

correcting employers, as appropriate, were specifically notified or were aware of the hazards to which his/her employees were exposed

• The exposing employer took feasible steps to protect his or her employees

To eliminate some of the confusion of multi-employer worksites, create a contract with a safety clause that indicates who is responsible for the safety of the contracted employees and how their safety will be ensured.

22OSC5112618


Sample Language Determining Responsibility for Certain Employees’ Workplace SafetyContractor expressly agrees that it shall be solely responsible for supervising its employees, that it shall comply with all rules, regulations, orders, standards and interpretations promulgated pursuant to the Occupational Safety and Health Act of 1970 and to the Occupational and Safety Health Act of the State of California, including but not limited to training, provision of personal protective equipment, adherence to all appropriate lockout/tagout procedures and providing all notices, safety data sheets, labels, etc., required by the right-to-know standard.

The parties intend that an independent contractor relationship, and not an employer-employee relationship, will be created by this document. The [COMPANY] is interested only in the results to be achieved, and the conduct and control of the performance of the services contemplated herein will lie solely with the Contractor.

Independent Employee Act Defense

Elements an Employer Must Prove 1. The employee was experienced in the job being performed 2. The employer has a well-devised safety program which includes training

employees in matters of safety respective to their particular job assignments 3. The employer effectively enforces the safety program 4. The employer enforces its policy of sanctions against employees who violate

the safety program 5. The employee caused a safety infraction which he or she knew was contrary

to the employer’s safety requirements

NOTE: California Labor Code Section 6432 ( Jan. 1, 2000) provides that a serious violation does not exist if the employer can demonstrate that it did not, and could not with the exercise of reasonable diligence, know of the presence of the violation (i.e., converts the absence of actual or constructive knowledge into an affirmative employer defense).

Certain Employers and Employees Are Not Covered by the OSH Act• Self-employed persons with no employees (who do not work under

another’s supervision)• Farms at which 10 or fewer members of the farm family are employed• “The United States, any State, or a political subdivision of any State,” as well as

working conditions regulated by federal agencies under federal statutes

23 OSC5112618


Provisions for Government Workers

Requirements for Federal EmployeesUnder the Act, federal agency heads are responsible for providing safe and healthful working conditions for their employees. The Act requires agencies to comply with standards consistent with those OSHA issues for private sector employers. OSHA conducts federal workplace inspections in response to employees’ reports of hazards and as part of a special program that identifies federal workplaces with higher-than-average rates of injuries and illnesses.

The Scope of Part 1960 of the ActFederal agency heads are required to operate comprehensive occupational safety and health programs that include recording and analyzing injury and illness data, providing training to all personnel and conducting self-inspections to ensure compliance with OSHA standards. OSHA conducts comprehensive evaluations of these programs to assess their effectiveness.

Executive Order 12196 signed by President Carter requires federal agencies to:• Comply with the Act• Assure periodic inspections• Provide safety training for employees• Operate a safety-management information system

State, County and Municipal WorkersAlthough not under federal OSHA supervision, many states require employees of the state and its subdivisions to comply with the same standards. Enforcement varies by state. State OSHA programs cover public employees (except federal employees).

24OSC5112618


Where Is OSHA?Under the leadership of the Department of Labor (DOL), OSHA’s National Office is in Washington, D.C., with Regional Offices in Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco and Seattle. Each of these regions has from five to 25 Area Offices. Enforcement and some assistance work takes place in the Area Offices, which are managed by Area Directors who oversee industrial hygienists and safety engineers. Each OSHA Region also has compliance assistance specialists and whistleblower investigators (11(c)).

Where Is Cal/OSHA?All offices in the state are administered by the head office in Sacramento. The offices are also given oversight from the federal OSHA Office, Region IX, in San Francisco.

25 OSC5112618


What Else Does OSHA Do?From its inception, federal OSHA has had the authority and responsibility to:

1. Promulgate, modify and revoke safety and health standards and guidelines for the American worker

2. Enforce compliance with its published standards and guidelines through on-site enforcement inspections and by the issuance of citations and penalties for instances of noncompliance

3. Immediately restrain imminent-danger situations

Origin of OSHA StandardsThe OSHA standards were taken from three sources:

1. Consensus standards 2. Proprietary standards 3. Federal laws in effect when the OSH Act became law

An example consensus standard is the NFPA standard. NFPA No. 301969, Flammable and Combustible Liquids Code, was the source standard for Part 1910, Section 106. It covers the storage and use of flammable and combustible liquids with flash points below 200 degrees Fahrenheit.

Professional experts within specific industries’ professional societies and associations develop proprietary standards. The proprietary standards are determined by a straight membership vote, not by consensus. An example of this is the “Compressed Gas Association, Pamphlet P-1, Safe Handling of Compressed Gases.” This proprietary standard covers requirements for safe handling, storage and use of compressed gas cylinders.

It is the responsibility of employers to become familiar with standards applicable to their establishments and to ensure that employees have and use personal protective equipment when required for safety. Employees must comply with all rules and regulations that are applicable to their own actions and conduct. Where OSHA has not promulgated specific standards, employers are responsible for following the Act’s General Duty Clause.

26OSC5112618


Notes

27 OSC5112618


Code of Federal RegulationsThe Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the executive department and agencies of the federal government. The Code is divided into 50 titles that represent broad areas subject to federal regulation. Each title is divided into chapters that usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Based on this breakdown, the Occupational Safety and Health Administration is designated Title 29—Labor, Chapter XVII.

Where to Find the Standards

The Federal RegisterNothing can be passed into federal law before it is published in the Federal Register.

The Register is available by subscription from the Superintendent of Documents; by purchasing single copies from the Government Printing Office; or through trade organizations, insurance carriers, labor unions, OSHA offices, the public library or online at www.access.gpo.gov.

Finding the StandardsFederal

• Federal Register• Code of Federal Regulations (CFR) — Published daily by the National Archives and Record Service — Printed annually in paperback form — Compilation of the general and permanent rules first published in the

Federal Register — Divided into 50 titles representing areas subject to federal regulation

• Title 29 covers labor (OSHA Standards) — Titles are divided into “Parts” Title 29 CFR Part 1904 Record keeping Title 29 CFR Part 1910 General Industry Title 29 CFR Part 1926 Construction Title 29 CFR Part 1928 Agriculture

• Parts contain individual standards

28OSC5112618


How the Federal Standards (Regulations) Numbering (Citation) System Works

The Code of Federal RegulationsEach year the Government Printing Office compiles all new and modified legislation and assembles it with existing laws.

The laws are then segregated by categories called titles.

Each title is further subdivided by parts, subparts, sections and subsections.

The Department of Labor occupies Title 29 of the Code of Federal Regulations (29 CFR).

TitlePart Paragraph Sub

Sub

Standard Subpart

29 CFR 1910.178(a)(2)(ii)(a)

29 OSC5112618


Code of California Regulations

The Code of California RegulationsUnder the Act, individual states were permitted to develop their own occupational safety and health programs. The state is required to have a program that is at least as effective as the federal one. This means states can have more effective requirements, but not less effective.

In many cases, the Cal/OSHA standards are identical or substantially similar to the federal code. In any case, they must be at least as effective as federal laws.

By law, the state must take action within six months of new federal activity. If no California standard exists consistent with a federal standard, the federal law will be enforced.

In addition to the more than 1,000 pages of federal worker safety laws, the state of California adds nearly 4,000 more pages. It is contained in the Code of California Regulations (CCR). The California code, much like the federal code, is divided by title. Industrial Relations regulations are found in Title 8 or (T8-CCR).

General Industry Safety Orders (GISO) are found in Subchapter 7, Groups 1 – 27, Sections 3200 – 6200.

CCR

DIR

Title 8

Chapters

Subchapters (21)

Subchapter 7—GISO

Sections 3200 – 6200

30OSC5112618


California General Industry Safety Orders (GISO) Table of Contents

Introduction (Sections 3200 – 3206)Group 1 General Physical Conditions and Structures (Sections 3207 – 3299)Group 2 Safe Practices and Personal Protection (Sections 3300 – 3416)Group 3 General Plant Equipment and Special Operations (Sections

3420 – 3583)Group 4 General Mobile Equipment and Auxiliaries (Sections 3620 – 3920)Group 6 Power Transmission Equipment, Prime Movers, Machines and

Machine Parts (Sections 3940 – 4086)Group 8 Points of Operation, Hazardous Parts of Machinery (Sections

4184 – 4647)Group 9 Compressed Gas and Air Equipment (Sections 4648 – 4665)Group 10 Gas Systems for Welding and Cutting (Sections 4794 – 4848)Group 11 Electric Welding (Sections 4850 – 4853)Group 13 Cranes and Other Hoisting Equipment (Sections 4884 – 5049)Group 14 Radiation and Radioactivity (Sections 5075 – 5085)Group 15 Occupational Noise and Ergonomics (Sections 5094 – 5110)Group 16 Control of Hazardous Substances (Sections 5139 – 5223)Group 18 Explosives and Pyrotechnics (Sections 5236 – 5374)Group 20 Flammable Liquids, Gases and Vapors (Sections 5415 – 5629)Group 25 Federal Regulations (Sections 6000 – 6004)Group 26 Diving Operations (Sections 6050 – 6063)Group 27 Fire Protection (Sections 6150 – 6184)

Section 3200 PurposeThese General Industry Safety Orders are promulgated for the guidance of employers and employees alike. Compliance with these orders may not in itself prevent occupational injuries or diseases, but will, it is believed, provide a safe environment which is a fundamental prerequisite in controlling injuries. Every employer should provide their supervisory staff with a copy of these orders and assure that each supervisor is familiar with those sections pertaining to the operations under their supervision.

31 OSC5112618


Interpretive MaterialsThe standards are not prescriptive; they are performance-based. They tell an employer what’s required to become OSHA compliant, but not how. Because the standards are performance-based, employers must consult a number of resources to understand OSHA’s view of how a standard is defined.

Compliance Directives (CPLs)• Guide OSHA’s compliance safety and health officers in interpreting and

enforcing the standard that the directive addresses• Ensure consistent inspection procedures are followed• Found on OSHA’s Web site and software

Letters of Interpretation• Explain OSHA’s interpretation of the requirements set by statutes, standards

and regulations and how the requirements apply to particular circumstances• Do not create additional employer obligations• May affect OSHA’s enforcement guidance when rule changes occur• Are updated by OSHA based on new information• Can be found on OSHA’s Web site

Guidelines• Issued by OSHA• More flexible than standards• Assist employers in recognizing and controlling hazards • Are considered voluntary; failure to implement a guideline is not itself

a violation

Preambles• Published in the Federal Register• Provide a legislative history of a standard

eTools, eMatrix, Expert Advisors and v-ToolseTools and the eMatrix are “stand-alone,” interactive Web-based training tools on occupational safety and health topics. They are highly illustrated and utilize graphical menus. Some also use expert system modules, which enable the user to answer questions, and receive reliable advice on how OSHA regulations apply to his or her work site. Expert Advisors are based solely on expert systems and v-Tools are prevention video training tools.

32OSC5112618


A Word or Two About Language • In OSHA-published information, words such as must, shall, required and

necessary indicate requirements under the OSHA standard• Procedures indicated by should, may, suggested and recommended constitute

generally accepted good practices

Cal/OSHA

Cal/OSHA Authority

Cal/OSHA Units of the DIR

Appeals BoardOccupational Safety and Health Appeals Board (OSHAB): Reviews contested enforcement

Standards BoardOccupational Safety and Health Standards Board: The standards-setting agency

DLSEDivision of Labor Standards Enforcement: Protects whistle-blowers

DOSHDivision of Occupational Safety and Health: The enforcement and consultation arm

The Cal/OSHA Consultation Service provides several benefits for you as an employer.

33 OSC5112618


The DOSH ConsultantThe Cal/OSHA Consultation Service offers a variety of services to California employers at no charge. Services are available upon request of the employer and may include:

• On-site evaluation of safety and health hazards in the workplace• Provision of training for employees and managers• Publications• Loan of visual materials and other information related to occupational safety

and health

On-Site Consultants Will:• Help you recognize hazards in your workplace• Suggest approaches or options for solving a safety or health problem• Identify sources of help available to you if you need further assistance• Provide you with a written report that summarizes these findings• Offer training and education for you and your employees at your workplace and,

in some cases, away from the site

On-Site Consultants Will Not:• Issue citations or propose penalties for violations of federal or state

Cal/OSHA standards• Report violations to OSHA enforcement unless the employer refuses to fix a

situation that poses a dire danger• Guarantee that any workplace will pass a federal or state Cal/OSHA inspection

Many California businesses that used the OSHA-funded consultation service referred to it as a very positive experience. Among the things cited as most favorable were recognizing unknown hazards, being better prepared for an OSHA inspection and experiencing a higher level of commitment from workers and management after the consultation.

34OSC5112618


The Enforcement Inspection

When Does OSHA Arrive?From the company’s point of view, no time is a good time for OSHA to show up because most OSHA violations are written as serious, meaning they carry a significant penalty.

Six Basic Priorities Can Bring OSHA to Your Door! 1. Imminent danger 2. Fatality or catastrophe 3. Formal employee complaint 4. Programmed targeted inspection 5. Report of severe injury 6. Follow-up inspection

Development of a Pre-inspection PlanMost businesses or firms will plan ahead for many contingencies. Why not plan ahead for the day a federal or state compliance officer arrives to perform an enforcement inspection?

Be proactive, not reactive!

Think About 1. Who will represent the company? Appoint someone who is familiar with

all aspects of the facilities safety programs, thinks quickly on his or her feet and can control himself or herself to answer only questions asked and not volunteer information that isn’t requested.

2. Is the person representing the company familiar with the standards that apply to that facility? The officer may well ask about familiarity.

3. Will more than one person accompany the compliance officer during the inspection? The experience can be a valuable one for safety committee members. Can a maintenance or repair person mitigate minor deficiencies during the inspection? (That’s a demonstration of making a “good-faith effort.”)

4. Will you request that the compliance officer secure a warrant before gaining entrance to the facility?

5. Will you have any technical equipment available at a moment’s notice for use during the inspection? Equipment such as a camera or camcorder, or a dosimeter to read noise levels?

35 OSC5112618


6. Are you familiar with those areas, equipment, processes, materials, etc., that you will want kept confidential?

7. Have you practiced or rehearsed for an inspection? Do your employees know how to conduct themselves during an inspection?

8. If the facility has been inspected previously, has every violation resulting from the earlier inspection been abated? Failure to correct violations leaves the facility subject to a “failure to abate violation” during any subsequent inspection (previous five years).

What Prompts a Cal/OSHA Inspection?• Report of imminent hazard by anyone, including general public or

other employers• A serious industrial accident — Fatality — Hospitalization — Amputation — Disfigurement• Employee complaints — Concerning unsafe working conditions or practices — A worker has six months to file an administrative complaint with the Labor

Commissioner should he or she suffer discrimination as a result of taking a stand for occupational safety and health

• Heat illness focused inspection, which is triggered by higher temperatures• Multi-employer worksite: Other contractor on site targeted for inspection• Programmed inspections: These will be triggered by the following: — As part of an inspection program that targets industries that have a high rate

of occupational hazards, fatalities, injuries or illnesses (These industries may change annually.)

— As part of Cal/OSHA’s annual performance plan to reduce injuries and illnesses (Cal/OSHA publishes an annual internal performance plan.)

— Companies with 125 percent experience modification or higher on their workers’ compensation insurance policy

— Construction special emphasis program

36OSC5112618


The Four Components of Every Federal or State Enforcement Inspection

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

The inspection process includes three elements. All have implications for your organization; make certain to have the appropriate people present for all three.

1. The Opening Conference • The organization learns of the visit and the scope of the inspection • If a complaint is involved, a copy of the complaint will be presented. The

complainant’s name will be removed if requested by the complainant. • If an OSHA- and state-funded consultation has recently occurred, notify

the inspector. This will usually terminate the inspection or greatly limit its scope.

• Get all of the appropriate people together for a tour: — Any management people who may be helpful — A representative chosen by the employees (If the employees have not

chosen a representative, the compliance officer usually will.) — The maintenance worker to effect changes requested by the

compliance officer

2. The Inspection Tour • The route and duration are determined by the compliance officer but are

usually limited to the scope given in the opening conference • The compliance officer will observe conditions and behaviors • Testing, monitoring and sampling may be done

37 OSC5112618


• Employees are very likely to be questioned (Every effort will be made to minimize interruptions during work shifts.)

• Written programs, training materials, postings, documentation and record keeping are usually checked

• The compliance officer will discuss likely violations and even offer recommendations for corrective action

3. The Exit or Closing Conference Go into the closing conference knowing what to expect next.

The Closing Conference At the conclusion of the inspection, the DOSH representative holds

an exit conference or a closing conference with the employer or the employer representative.

At the closing conference, the compliance officer will discuss all unsafe or unhealthful conditions observed with the employer. The officer will indicate all apparent violations that may be cited, issued or recommended. Other items that are discussed at a closing conference include the following:

• The possibility of a follow-up inspection • Your employer’s right to contest any citation or penalty • The reasonableness of the abatement or abatement date that might be

received from DOSH • The availability of an informal conference to review DOSH

enforcement actions • Your employer’s responsibility to post citations and notify DOSH of

abatement of certain violations

More than one closing conference may be required if health hazards are being evaluated or if laboratory reports are required to complete the inspection.

At this point, the compliance officer cannot assess or indicate any proposed penalties. Only the Cal/OSHA area director has the authority to assess penalties after reviewing the full report.

• Verification of Abatement • The compliance officer and management agree on an abatement date for

each cited violation

The Bottom Line Under Cal/OSHAAfter the compliance officer reports findings, the area director determines which citations or penalties, if any, will be issued or proposed.

38OSC5112618


Cal/OSHA Citations and Penalties

CitationsCitations inform the employer and employee of the alleged violations of regulations and standards and the proposed time limit for their abatement.

Violations and Penalties

Cal/OSHA Citations and PenaltiesEffective January 2, 2018, the Cal/OSHA violations and their penalties are:

Non-Serious or General/Regulatory Violation $12,934 per violationAccident-Related Serious Violation $18,000 up to $25,000Repeat and Willful Violation $129,336

Additional changes:

Repeat citations• Definition of repeat violation is “A substantially similar violation, hazard or

condition statewide at the same employer or corporate entity establishment within five years of an initial citation”

• Repeat violations incur the loss of adjustments and tiered multiplier of 2, 4 and 10 for each successive repeat up to $129,336 maximum

Loss of abatement credits• Repeat violations result in the loss of the 50 percent abatement credit• Abatement credits are forfeited if the violation is not corrected within 10 days

of the citation’s abatement date

Appeals• A citation under appeal is not considered to be in abatement

California Public EmployersCal/OSHA can fine public employers when they are cited for violating health and safety standards. School districts as well as the county board of education, county superintendent of schools, charter schools, community college districts and California State University and University of California will, if they come into compliance and have no serious violations within a specified future time period, have the fines returned.

39 OSC5112618


AB 2774—Serious Violations

Overview• AB 2774 became effective Jan. 1, 2011 (See Section 6432 text in Appendix G.) • Cal/OSHA’s burden of proof of a serious violation reduced from “substantial

probability” to a “realistic possibility”• “Serious violations” continue to increase• Requires a 15-day period after notification and before citation for the employer

to submit documentation and other evidence in defense• Successful appeals and fine reductions depend on an employer’s ability to

demonstrate adherence to an effective safety program• Rebuttable presumption that a “serious violation” exists if OSHA demonstrates

that “there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation”

“Serious Physical Harm”AB 2774 expanded the definition of “serious physical harm” to mean any injury or illness, specific or cumulative, occurring in the place of employment or in connection with any employment, that results in any of the following:

• Inpatient hospitalization for purposes other than medical observation• The loss of any member of the body• Any serious degree of permanent disfigurement• Impairment sufficient to cause a part of the body or the function of an organ to

become permanently and significantly reduced in efficiency on or off the job …

40OSC5112618


Cal/OSHA Procedure• Before issuing a citation alleging that a particular violation is serious,

Cal/OSHA inspectors are directed to consider the following information: — The training employees and supervisors have had related to preventing

employee exposure to the hazard or similar hazards; — Employer procedures for uncovering and controlling the hazard or

similar hazards; — Supervision of exposed or potentially exposed employees; — Employer procedures for communicating with employees regarding its

health and safety rules; and — Any information the employer provides regarding the circumstances

surrounding the alleged violative conditions, why the employer believes a serious violation does not exist, and why the employer’s actions were reasonable.

Under the law, Cal/OSHA may accomplish the above by presenting a form to the employer (at least 15 days before issuing a serious violation citation) essentially describing the alleged serious violation and requesting a response from the employer.

(Used by permission from Jackson Lewis, LLP)

The form Cal/OSHA has developed is the 1BY. (See example in Appendix F.)

Fighting the “Serious” Violation PresumptionIf Cal/OSHA establishes a presumably serious violation, the employer may rebut the presumption by presenting evidence that it “did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation.”

This burden can be met by proving:

(1) That the employer took all steps a reasonable employer would take under the same circumstances, and

(2) The employer took effective action to eliminate employee exposure to the hazard created by the violation as soon as it was discovered.

(Provided by Jackson Lewis, LLP)

41 OSC5112618


Inspectors as Expert Witnesses AB 2774 “provides that every Cal/OSHA safety inspector whose training is up-to-date, shall be … ‘deemed competent to offer testimony to establish each element of a serious violation … ‘as well as ‘custom and practice’ in the workplace.”

— From California OSHA Blog

What Employers Must Do:• Formally review your written programs annually. Document your review.• Empower employees to question equipment, practices and directions that they

feel are unsafe. Document it.• Increase training schedules. Document it.• Conduct spot safety quizzes of all workers. Document it.• Discipline employees who are found working unsafely, regardless of their status

or good history. Document it.• Document, document, document all that you do

42OSC5112618


Penalty Reduction FactorsPenalties may be significantly reduced by the following three factors:

1. Good faith: Reduction up to 25 percent • Normally given when a company has a written safety and health program

that includes the following: — Management commitment and worker involvement — Worksite analysis — Hazard prevention and control — Employee training • Will usually require the company to have access to the standards and the

written programs required for that business • No “willful” violations are found and the employer cooperates during

the inspection

2. Size of business: Reduction up to 60 percent • 1 to 25 employees (maximum at one time in the previous 12 months): 60

percent reduction • 26 to 100 employees: 40 percent reduction • 101 to 250 employees: 20 percent reduction • 251 or more employees: No reduction

3. Previous good history: Reduction up to 10 percent • No serious, repeated or willful violations in the previous five years and none

on the current report

43 OSC5112618


VariablesSince these adjustment factors are based on the general character of a business and its safety and health performance, these factors will generally be calculated only once for each employer.

• High severity: Penalties assessed for violations that are classified as high severity and greater probability shall be adjusted only for size and history

• Repeated: Penalties assessed for violations that are classified as repeated shall be adjusted only for size

• Willful: Penalties assessed for regulatory violations, which are classified as willful, shall be adjusted only for size

Abatement Credit You can reduce a gravity-based penalty for general and serious violations if you promise to correct the violations by the abatement date. Abatement credits are lost if any repeat violation occurs.

44OSC5112618


Petition for Modification of Abatement (PMA)

The Appeal ProcessWhen issued a citation and notice of proposed penalty, an employer may request an informal meeting with OSHA’s area director to discuss the case. The area director is authorized to enter into a settlement agreement that will revise citations and penalties to avoid prolonged legal disputes and that will result in expedited hazard abatement.

Petition for Modification of Abatement (PMA)After receiving a citation, the employer must:

• Correct the cited hazard by the abatement date unless he or she contests the citation or abatement date.

Factors beyond the employer’s control, however, may prevent the completion of corrections by that date. In such a situation, the employer who has made a good-faith effort to comply may file a petition to modify the abatement date.

The written petition must specify:• The steps taken to achieve compliance• The additional time needed to comply• The reason(s) additional time is needed• Interim steps taken to safeguard employees against the cited hazard during the

intervening period

Note: The employer must certify that he or she posted a copy of the petition in a conspicuous place at or near each place where a violation occurred and that the employee representative received a copy of the petition.

45 OSC5112618


Informal Conference

The Informal ConferenceA meeting date and time will be set for the informal conference. The purpose of this meeting is:

1. To obtain a better explanation of any citations 2. To obtain a more complete understanding of the specific standards that apply 3. To obtain suggestions or guidance as to the best way to mitigate

any violations 4. To discuss any problems with the periods of abatement 5. To request reductions in the penalties 6. To resolve any disputed violations 7. To seek answers to any other questions

46OSC5112618


Written Notice of Contest

Filing a “Notice of Contest” Any employer who is cited and penalized by federal or state OSHA and who disputes a citation after the informal conference may file a Notice of Contest with OSHA. It is strongly recommended that this action be taken only on advice of counsel.

The Notice of Contest must be filed in writing within 15 working days of receipt of citations, clearly state what is being contested and be made in good faith. Such filing suspends the employer’s obligation to abate the violation in question or pay the imposed penalties.

The case is assigned to an Administrative Law Judge (ALJ) who will schedule a hearing. Attorneys represent both sides, and the hearing will include testimony and cross-examination of witnesses, etc. The ALJ may reaffirm the original citation and penalty, may modify either or may eliminate contested items.

The final recourse is available to the employer through the U.S. Court of Appeals and ultimately the state or U.S. Supreme Court.

47 OSC5112618


California Penal Code Section 387

Corporate Criminal Liability Act

Required Division Notification 1. Fifteen (15) Day Notification The Corporate Criminal Liability Act requires that any corporation or person

who is a manager inform the Division of Occupational Safety and Health in writing of any serious concealed danger within 15 days after acquiring actual knowledge of the danger.

a. Serious Concealed Danger: Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonable foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual and the danger is not readily apparent to an individual who is likely to be exposed.

1. Product means an article of trade or commerce or other item of merchandise which is a tangible or an intangible good, and includes services.

2. Great bodily harm means a significant or substantial physical injury. 3. Serious exposure means any exposure to a hazardous substance when

the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.

b. Manager: Manager means a person having both (1) management authority in or as a business entity and (2) significant responsibility for any aspect of a business which includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.

c. Actual knowledge: Actual knowledge means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.

2. Immediate Notification If there is an imminent risk of great bodily harm or death, the corporation or

manager is required to immediately notify the Division and the Division shall take steps to address the imminent hazard.

48OSC5112618


Required Employee WarningThe Corporate Criminal Liability Act requires that any corporation or person who is a manager is required to warn its affected employees in writing of a serious concealed danger within fifteen (15) days of acquiring actual knowledge of the danger.

Note: The phrase “warn its affected employees” means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.

49 OSC5112618


Most-Cited Violations

OSHA 1. 1926.501 Fall Protection—General Requirements 2. 1910.1200 Hazard Communication 3. 1926.451 Scaffolding 4. 1910.134 Respiratory Protection 5. 1910.147 Lockout/Tagout 6. 1910.178 Powered Industrial Trucks 7. 1926.1053 Ladders 8. 1910.212 Machine Guarding 9. 1910.305 Electrical—Wiring Methods 10. 1910.303 Electrical—General Requirements

(Fiscal Year 2016)

Cal/OSHA Safety Violations 1. 8 CCR 3203 Injury and Illness Prevention (IIP) Program 2. 8 CCR 3395 Heat Illness Prevention 3. 8 CCR 1509 Injury and Illness Prevention (IIP) Program—

Construction Specific 4. 8 CCR 5194 Hazard Communication 5. 8 CCR 3314 Lockout/Tagout (LOTO)/Energy Control 6. 8 CCR 6151 Portable Fire Extinguishers 7. 8 CCR 342(a) Reporting Serious Injuries 8. 8 CCR 5144 Respiratory Protection 9. 8 CCR 461 Air Tank Permits 10. 8 CCR 2340.16 Working Around Electrical Equipment

(April 2015)

50OSC5112618


Most Serious Violations

OSHA Top 10 Serious Violations 1. 1926.501 Fall Protection 2. 1926.1200 Hazard Communication 3. 1910.451 Scaffolding 4. 1910.147 Lockout/Tagout 5. 1910.134 Respiratory Protection 6. 1926.1053 Ladders 7. 1910.212 Machine Guarding 8. 1910.178 Powered Industrial Trucks 9. 1910.305 Electrical—Wiring Methods 10. 1926.503 Fall Protection Training

(Fiscal Year 2016)

Cal/OSHA Top 10 Serious Violations 1. 3314 Clean, Repair, Service, Set-up and Adjust Prime

Movers, Machinery and Equipment, Lockout/Tagout (energy control)

2. 3203 Injury and Illness Prevention (IIP) Program 3. 3395 Heat Illness Prevention 4. 5162 Emergency Eyewash and Shower Equipment 5. 3577 Use, Care and Protection of Abrasive Wheels:

Protection Devices 6. 1644 Metal Scaffolds 7. 3328 Safe Practices, Personal Protection: Machinery

and Equipment 8. 3650 Industrial Trucks: General Regulations 9. 3276 Portable Ladders 10. 1509 Injury and Illness Prevention (IIP) Program—

Construction Specific

51 OSC5112618


The General Duty Clause (CA Labor Code 6400)Section 5(a)(1) of the Occupational Safety and Health Act provides that:

“Every employer shall furnish to each of his employees, employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

The General Duty Clause further mandates all employers “shall comply with the occupational safety and health standards promulgated under this act.”

California Labor Code Section 6400 states: “Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.”

What Is Serious Physical Harm?Serious physical harm has occurred when:

• Employees incur an injury as a result of employment and must receive medical treatment, as defined by the recordkeeping standard

• Employees incur an injury as a result of employment and receive medical treatment, as defined by the recordkeeping standard, but cannot be convalesced to 100 percent of their normal capability or capacity

The Problem

How to Satisfy the Intent of the General Duty Clause 1. Develop the four elements of an effective safety program a. Management commitment and employee involvement b. Worksite analysis c. Hazard prevention and control d. Safety and health training

52OSC5112618


2. Instruct employees to apply the three-step formula to prevent accidents

a. _________________________ the _________________________

b. _________________________ the _________________________ c. _________________________ in __________________________

3. Teach them the importance of the hierarchy of accident prevention

a. _________________________________ controls

b. _________________________________ controls

c. _________________________________ controls

d. _______________________ _______________________ controls

Section 5(b) of the OSH Act states:

“ Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.” (For example, company safety policies or regulations)

Cal/OSHA Title 8, Section 3203(2) states:

“ Include a system for ensuring that employees comply with safe and healthy work practices.”

How can we comply with this section of the Act?

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

53 OSC5112618


Recommended Practices for Safety and Health Programs

How to Use the Recommended Practices (From Publication No. 3885)These voluntary recommended practices apply to all places of employment covered by OSHA. Each section of the recommended practices describes a core program element, followed by several action items. Each action item is an example of steps that employers and workers can take to establish, implement, maintain and improve the safety and health program of the organization.

Seven Core Elements of the Safety and Health Program Recommended Practices 1. Management Leadership • Top management demonstrates its commitment to continuous

improvement in safety and health, communicates that commitment to workers and sets program expectations and responsibilities

• Managers at all levels make safety and health a core organizational value, establish safety and health goals and objectives, provide adequate resources and support for the program and set a good example

Action items 1. Communicate your commitment to a safety and health program 2. Define program goals 3. Allocate resources 4. Expect performance

54OSC5112618

MANAGING SAFETY AND HEALTH

2. Worker Participation • Workers and their representatives are involved in all aspects of the

program—including setting goals, identifying and reporting hazards, investigating incidents and tracking progress

• All workers, including contractors and temporary workers, understand their roles and responsibilities under the program and what they need to do to effectively carry them out

• Workers are encouraged and have means to communicate openly with management and to report safety and health concerns without fear of retaliation

• Any potential barriers or obstacles to worker participation in the program (for example, language, lack of information or disincentives) are removed or addressed

Action Items 1. Encourage workers to participate in the program 2. Encourage workers to report safety and health concerns 3. Give workers access to safety and health information 4. Involve workers in all aspects of the program 5. Remove barriers to participation

3. Hazard Identification and Assessment • Procedures are put in place to continually identify workplace hazards and

evaluate risks • Safety and health hazards from routine, nonroutine and emergency

situations are identified and assessed • An initial assessment of existing hazards, exposures and control measures is

followed by periodic inspections and reassessments, to identify new hazards • Any incidents are investigated with the goal of identifying the root causes • Identified hazards are prioritized for control

Action Items 1. Collect existing information about workplace hazards 2. Inspect the workplace for safety hazards 3. Identify health hazards 4. Conduct incident investigations 5. Identify hazards associated with emergency and nonroutine situations 6. Characterize the nature of identified hazards, identify interim control

measures and prioritize the hazards for control

55 OSC5112618


4. Hazard Prevention and Control • Employers and workers cooperate to identify and select methods for

eliminating, preventing or controlling workplace hazards • Controls are selected according to a hierarchy that uses engineering

solutions first, followed by safe work practices, administrative controls and finally personal protective equipment (PPE)

• A plan is developed to ensure that controls are implemented, interim protection is provided, progress is tracked and the effectiveness of controls is verified

Action Items 1. Identify control options 2. Select controls 3. Develop and update a hazard control plan 4. Select controls to protect workers during nonroutine operations

and emergencies 5. Implement selected controls in the workplace 6. Follow up to confirm that controls are effective

5. Education and Training • All workers are trained to understand how the program works and how to

carry out the responsibilities assigned to them under the program • Employers, managers and supervisors receive training on safety concepts

and their responsibility for protecting workers’ rights and responding to workers’ reports and concerns

• All workers are trained to recognize workplace hazards and to understand the control measures that have been implemented

Action Items 1. Provide program awareness training 2. Train employers, managers and supervisors on their roles in the program 3. Train workers on their specific roles in the safety and health program 4. Train workers on hazard identification and controls

56OSC5112618


6. Program Evaluation and Improvement • Control measures are periodically evaluated for effectiveness • Processes are established to monitor program performance, verify program

implementation and identify program shortcomings and opportunities for improvement

• Necessary actions are taken to improve the program and overall safety and health performance

Action Items 1. Monitor performance and progress 2. Verify that the program is implemented and is operating 3. Correct program shortcomings and identify opportunities to improve

7. Communication and Coordination for Host Employers, Contractors and Staffing Agencies

• Host employers, contractors and staffing agencies commit to providing the same level of safety and health protection to all employees

• Host employers, contractors and staffing agencies communicate the hazards present at the worksite and the hazards that work of contract workers may create on site

• Host employers establish specifications and qualifications for contractors and staffing agencies

• Before beginning work, host employers, contractors and staffing agencies coordinate on work planning and scheduling to identify and resolve any conflicts that could affect safety or health

Action Items 1. Establish effective communication 2. Establish effective coordination

OSHA Training Tip

Remember, we retain …

10 percent of what we read

20 percent of what we hear

30 percent of what we see

50 percent of what we see and hear

80 percent of what we say

90 percent of what we say and do

57 OSC5112618


Injury and Illness Prevention Program (Section 3203)

Cal/OSHA SB 198 Injury and Illness Prevention (IIP) Program Section 3203

The Basic Elements of an Injury and Illness Prevention (IIP) Program (a) … every employer shall establish, implement and maintain an effective Injury

and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum include the following elements:

1. Responsibility: Identify the person or persons with authority and responsibility for implementing the program.

2. Compliance: Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

3. Communication: Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employers of hazards at the worksite without fear of reprisal. Substantial compliance with this program includes meetings, training programs, posting, writing communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.

A Note About Safety Committees: Employers who elect to use a labor/management safety and health

committee to comply with the communication requirements of subsection (a)(3) of this section shall be presumed to be in substantial compliance with subsection (a)(3) if the committee:

(1) Meets regularly, but not less than quarterly; (2) Prepares and makes available to the affected employees, written

records of the safety and health issues discussed at the committee meetings and, maintained for review by the Division upon request. The committee meeting records shall be maintained for at least one (1) year;

(3) Reviews result of the periodic, scheduled worksite inspections;

58OSC5112618


(4) Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and, where appropriate, submits suggestions to management for the prevention of future incidents;

(5) Reviews investigations of alleged hazardous conditions brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions;

(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and

(7) Upon request from the Division, verifies abatement action taken by the employer to abate citations issued by the Division.

4. Hazard assessment: Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards.

5. Accident/exposure investigation: Include a procedure to investigate occupational injury or occupational illness.

6. Hazard correction: Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard.

7. Training and instruction: Provide training and instruction. (Create an effective program of instructing employees on general safe work practices and hazards specific to each job assignment. This must be included in the IIP program and the required training must be given.)

(b) Keeping records: Records of the steps taken to implement and maintain the Program shall include:

• Records of scheduled and periodic inspections required by subsection (a)(4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year; and

• Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, types of training, and training providers. This documentation shall be maintained for at least one (1) year.

California employers must also develop a safety and health mission for the workplace!

59 OSC5112618


How-to’s for Effective Safety: Employer Responsibilities and Rights

Employer Responsibilities 1. Comply with the intent of the General Duty Clause 2. Become familiar with all applicable local, state and federal standards

and regulations 3. Create appropriate policies and procedures to gain compliance 4. Effectively communicate all policies, procedures, responsibilities and rights to

all affected employees 5. Revise or update all regulatory policies and procedures to ensure currency 6. Anticipate work practices that have the potential for workplace injury or

illness. Take corrective action (apply the three-step formula). 7. Recognize and respect employee rights and require fulfillment of employee

responsibilities under OSHA 8. Enforce all regulatory practices, policies and procedures uniformly. Do not

discriminate (OSH Act, Section 11(c)). 9. Provide and allow employees access to their medical and exposure records 10. Maintain proper OSHA records (OSHA Injury and Illness Log)

A Few Additional Responsibilities• Report to the nearest Cal/OSHA District Office, within eight hours, any

serious injury or illness, or death, of one or more employees occurring in a place of employment or in connection with any employment. (§342)

Note: “Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury, illness or death caused by the commission of a penal code violation, except the violation of Section 385 of the penal code, or an accident on a public street or highway. (§330)

• Post the appropriate federal and state OSHA poster• Post OSHA citations at or near the worksite where the violation(s) occurred.

Citations must be posted for a minimum of three days.• Abate every violation within the agreed-upon time• Cooperate with the OSHA compliance officer

60OSC5112618


Employer Rights 1. Take a proactive approach toward compliance 2. Be active in appropriate associations to influence future legislation 3. Seek advice and consultation from state and federal OSHA 4. Prepare for inspection contingencies: “Do we have a ‘pre-inspection

contingency plan’?” 5. Request that confidentiality be maintained regarding proprietary material,

process, procedures or trade secrets 6. Be familiar with and exercise post-inspection rights 7. When appropriate, apply for a temporary or permanent variance from

a standard 8. Remember: What management permits, management condones

61 OSC5112618


How-to’s for Effective Safety: Employee Responsibilities and Rights

Employee Responsibilities• Comply with all applicable federal, state and local occupational safety and

health standards• Comply with all company policies, procedures and programs• Report unsafe work conditions to the employer• Cooperate with an OSHA compliance officer• Be attentive during all training and education sessions• Read the information posted on the bulletin board

Employee Rights• Receive training and information in all applicable company policies, procedures

and programs• Report unsafe work conditions to the employer without the fear of retaliation

and receive an appropriate response• File a formal written complaint with state or federal OSHA if an employer fails

to respond to a legitimate complaint• Have access to personal medical and exposure records• Be informed of the results of an OSHA inspection• Refuse to work if doing so would put employees in serious danger

Note: The employee is protected against any discrimination or punishment for exercising his or her rights (Section 11 of the Act).

62OSC5112618


How-to’s for Effective Safety: Safety Committees

Safety CommitteesThe principal function of the committee shall be to consult and provide policy advice on, and monitor the performance of, the … safety and health program.

Committees … shall be at established establishments or groupings of establishments consistent with the mission, size and organization of the firm and its collective bargaining configuration. [Committees should be formed] at the lowest practicable local level. The principal function of the establishment (or local) committees is to monitor and assist in the execution of the … safety and health policies and program at the workplaces…

1. Committees shall have equal representation of management and nonmanagement employees, who shall be members of record.

• Management members of both national level and establishment level committees shall be appointed in writing by the person empowered to make such appointments.

• Nonmanagement members of establishment level committees shall represent all employees of the establishment and shall be determined according to the following rules:

— Where employees are represented under collective bargaining arrangements, members shall be appointed from among those recommended by the exclusive bargaining representative.

— Where employees are not represented under collective bargaining arrangements, members shall be determined through procedures devised by the agency which provide for effective representation of all employees.

— Where some employees of an establishment are covered under collective bargaining arrangements and others are not, members shall be representative of both groups.

2. Committee members should serve overlapping terms. Such terms should be of at least two years’ duration, except when the committee is initially organized.

3. The committee chairperson shall be nominated from among the committee’s members and shall be elected by the committee members. Management and nonmanagement members should alternate in this position. Maximum service time as chairperson should be two consecutive years.

63 OSC5112618


4. Committees shall establish a regular schedule of meetings and special meetings shall be held as necessary; establishment level committees shall meet at least quarterly and national committees shall meet at least annually.

5. Adequate advance notice of committee meetings shall be furnished to employees and each meeting shall be conducted pursuant to a prepared agenda.

6. Written minutes of each committee meeting shall be maintained and distributed to each committee member, and upon request, shall be made available to employees and to the Secretary.

7. Agencies shall provide all committee members appropriate training as required by the Subpart H of this part.

8. The safety and health committee is an integral part of the safety and health program, and helps ensure effective implementation of the program at the establishment level.

9. Monitor and assist the safety and health program at establishments under its jurisdiction and make recommendations to the official in charge on the operation of the program.

10. Monitor findings and reports of workplace inspections to confirm that appropriate corrective measures are implemented.

64OSC5112618


How-to’s for Effective Safety: The Self-Inspection

The Self-Inspection

Meeting the Requirements of the General Duty ClauseMeeting the General Duty Clause requirement to provide a safe workplace involves looking for hazards and correcting them. Many states require self-inspections for some or all employers, but even when not specifically mentioned in the law, the General Duty Clause virtually mandates them.

1. Processing, Receiving, Shipping and Storage: Equipment, job planning, layout, heights, floor loads, projection of materials, materials handling and storage methods

2. Building and Grounds Conditions: Floors, walls, ceilings, exits, stairs, walkways, ramps, platforms, driveways, aisles

3. Housekeeping Program: Waste disposal, tools, objects, materials, leakage and spillage, cleaning methods, schedules, work areas, remote areas, storage areas

4. Electricity: Equipment, switches, breakers, fuses, switch-boxes, junctions, special fixtures, circuits, insulation, extensions, tools, motors, grounding, national electric code compliance

5. Lighting: Type, intensity, controls, conditions, diffusion, location, glare and shadow control

6. Heating and Ventilation: Type, effectiveness, temperature, humidity, controls, natural and artificial ventilation and exhausting

7. Machinery: Points of operation, flywheels, gears, shafts, pulleys, key ways, belts, couplings, sprockets, chains, frames, controls, lighting for tools and equipment, brakes, exhausting, feeding, oiling, adjusting, maintenance, lockout/tagout, grounding, work space, location, purchasing standards

8. Personnel: Training, including hazard identification training; experience; methods of checking machines before use; type of clothing; PPE; use of guards; tool storage; work practices; methods for cleaning, oiling, or adjusting machinery

9. Hand and Power Tools: Purchasing standards, inspection, storage, repair, types, maintenance, grounding, use and handling

10. Chemicals: Storage, handling, transportation, spills, disposals, amounts used, labeling, toxicity or other harmful effects, warning signs, supervision, training, protective clothing and equipment, hazard communication requirements

65 OSC5112618


11. Fire Prevention: Extinguishers, alarms, sprinklers, smoking rules, exits, personnel assigned, separation of flammable materials and dangerous operations, explosion-proof fixtures in hazardous locations, waste disposal and training of personnel

12. Maintenance: Regularity, effectiveness, training of personnel, materials and equipment used, records maintained, method of locking out machinery and general methods

13. PPE: Type, size, maintenance, repair, age, storage, assignment of responsibility, purchasing methods, standards observed, training in care and use, rules of use, method of assignment

Conduct Self-InspectionsList some methods you can use to conduct effective self-inspections:

1. _____________________________________________________________

_____________________________________________________________

2. _____________________________________________________________

_____________________________________________________________

3. _____________________________________________________________

_____________________________________________________________

4. _____________________________________________________________

_____________________________________________________________

5. _____________________________________________________________

_____________________________________________________________

Three Rules to Follow When Monitoring Your Own Compliance 1. Checklists used must follow OSHA requirements 2. Track and correct deficiencies in a timely manner 3. Have proof of corrective action readily available for compliance personnel

66OSC5112618


How-to’s for Effective Safety: Job Hazard Analysis

Job Hazard Analysis

Job Title: Grocery Inventory Stocker Date: 10/1/XX

Location: Centerville, #36

Step Hazard Cause Prevention

1. Stock shelves Back strains Reaching Minimize reaching.

Lifting boxes Bend knees: Keep back straight.

Hand laceration Cutting open food boxes

Use box knife with guard.

Use cut- resistant gloves.

Shoulder strains Lifting above shoulder level

Train on proper lifting techniques.

Use mechanical lifting device.

Slips, trips and falls

Wet floors Follow floor mop schedule.

Trash and debris on floors

Pick up trash and debris before working.

2. Unload semitrailer

Back strains Heavy lifting Transport on two-wheel dolly trucks.

Improper lifting Train on proper lifting techniques.

Slips and falls Slippery, uneven surface

Clean floor before working.

Use bridge plate between dock and trailer.

Certification name: ______________________________ Date: ______________

67 OSC5112618


Job title(s) performing this operation: Date:

Location/department of the job task:

Describe the job task or situation:

Exposure/HazardsAdministrative/Engineering

Controls in PlaceAdministrative/

Engineering Controls

Biological (infectious diseases)

Chemical (thylene oxide, cleaners, solvents, etc.)

Physical (noise heat, inhalation, absorption, ergonomic, etc.)

Required PPE

❏ Safety glasses/goggles ❏ Lab coat❏ Mask ❏ Surgical gown❏ Face shield ❏ Leather gloves❏ Ear muffs ❏ Chemical gloves❏ Ear plugs ❏ Bloodborne gloves❏ Safety shoes ❏ Hard hat❏ Shoe covers ❏ Special electrical equipment❏ Respirator ❏ Other: ________________❏ Clinic jacket ❏ Other: ________________

CERTIFICATION STATEMENT: This document serves as a Certification of Hazard Assessment.

Name: ________________________________________ Date: ______________

Name: ________________________________________ Date: ______________

68OSC5112618


Notes

69 OSC5112618


How-to’s for Effective Safety: Training

When Must Employees Be Trained? 1. Initially: All new employees must be trained before the initial job assignment

2. Ongoing • Some topics require annual training • Whenever process, procedure or materials change • Before assignment to a new or different job position • Often enough to be “effective”

What Constitutes Effective “Site Specific” Training?The true measure of effective training is based on the retention and application of the information and procedures provided to the employee.

Training Objective“To guide or control … to instruct so as to make proficient or qualified.”

Who Can Do Safety Training?Competent, qualified, knowledgeable persons

Q: What makes one competent, qualified and knowledgeable?A: The combination of knowledge, skills and experience that can be

communicated in a way that is understood, as it applies to that worksite (The trainer must also cover the topic elements required in the OSHA regulations.)

OSHA has two important definitions:

1. “Competent person”: One who is capable of identifying existing and predictable hazards in the surroundings or work conditions and who has authorization to take prompt corrective measures to eliminate them

2. “Qualified person”: One who, by possession of recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his or her ability to solve or resolve problems related to the subject matter, the work, or the project

70OSC5112618


Walking-Working Surfaces (CCR Title 8, Chapter 4, Subchapter 7, Groups 1 and 2)Falls are among the leading causes of injury and death.

Preventing Slips, Trips and FallsBecause slips, trips and falls are one of the leading causes of injuries and deaths each year, Cal/OSHA will inspect for compliance with the regulations in this section.

Where are these regulations?

• Group 1, General Physical Conditions and Structures• Group 2, Safe Practices and Personal Protection• 29 CFR 1910.21 – .30 Walking-Working Surfaces

Housekeeping—Section 3362(a)To the extent that the nature of the work allows, workplaces, storerooms, personal service rooms and passageways shall be kept clean, orderly and in a sanitary condition. The interiors, exteriors and environs of buildings that contribute to a hazard to which these orders apply shall be cleaned and maintained in such conditions as will not give rise to harmful exposure …

Slippery Floor Protection—Section 3273(a)Permanent floors and platforms shall be free of dangerous projections or obstructions, maintained in good repair, and reasonably free of oil, grease, or water. Where the type of operation necessitates working on slippery floors, such surfaces shall be protected against slipping by using mats, grates, cleats, or other methods which provide equivalent protection. Where wet processes are used drainage shall be maintained and false floors, platforms, mats, or other dry standing places provided.

71 OSC5112618

WALkING AND WORkING SURFACES

Floor Openings, Floor Holes, Skylights and Roofs—Section 3212(a)(1)Every floor opening shall be guarded by a cover, a guardrail, or equivalent on all open sides (except at entrance to stairway or ladder way). While the cover is not in place, the openings shall be constantly attended by someone or shall be protected by guardrails. Toe-boards shall be installed around the edges at openings where persons may pass below the opening.

Standard Guardrails—Section 3209A standard guardrail shall consist of top rail, midrail or equivalent protection, and posts, and shall have a vertical height within the range of 42 inches to 45 inches from the upper surface of the top rail to the floor, platform, runway, or ramp level. (Note: the permissible tolerance on height dimensions is one inch). The top rail shall be smooth-surfaced throughout the length of the railing. The midrail shall be approximately halfway between the top rail and the floor, platform, runway, or ramp. The ends of the rails shall not overhang the terminal posts, except where such overhang does not constitute a projection hazard.

Stair Rails and Handrails—Section 3214(a) and (c)a. Stairways shall have handrails or stair railings on each side, and every stairway

required to be more than 88 inches in width shall be provided with not less than one intermediate stair railing for each 88 inches of required width. Intermediate stair railings shall be spaced approximately equal within the entire width of the stairway.

c. The top of stair railings, handrails and handrail extensions … shall be at a vertical height between 34 and 38 inches above the nosing of treads and landings … Stair railings and handrails shall be continuous the full length of the stairs and, except for private stairways, at least one handrail or stair railing shall extend in the direction of the stair run not less than 12 inches beyond the top riser nor less than 12 inches beyond the bottom riser. Ends shall be returned or shall terminate in newel posts or safety terminals, or otherwise arranged so as not to constitute a projection hazard.

72OSC5112618


Elevated Locations—Section 3210(a)Buildings. Guardrails shall be provided on all open sides of unenclosed elevated work locations, such as: roof openings, open and glazed sides of landings, balconies or porches, platforms, runways, ramps, or working levels more than 30 inches above the floor, ground, or other working areas of a building as defined in Section 3207 of the General Industry Safety Orders. Where overhead clearance prohibits installation of a 42-inch guardrail, a lower rail or rails shall be installed. The railing shall be provided with a toeboard where the platform, runway, or ramp is 6 feet or more above places where employees normally work or pass and the lack of a toeboard could create a hazard from falling tools, material, or equipment.

Live Loads—Section 3241(a) and (c)a. The live loads for which each floor or portion thereof of a commercial or

industrial building is or has been designed shall have such design live loads conspicuously posted by the owner in that part of each story in which they apply, using durable metal signs, and it shall be unlawful to remove or deface such notices. The occupant of the building shall be responsible for keeping the actual load below the allowable limits.

c. Material, wherever stored, shall not create a hazard. It shall be limited in height and shall be piled, stacked, or racked in a manner designed to prevent it from tipping, falling, collapsing, rolling or spreading. Racks, bins, planks, sleepers, bars, strips, blocks, sheets, shall be used where necessary to make the piles stable.

73 OSC5112618


Use of Ladders• A simple rule for setting up a ladder at the proper angle is to place the base

a distance from the vertical wall equal to one-fourth the working length of the ladder

• Portable ladders are designed as a one-man working ladder based on a 200-pound load

• The top of the ladder must be placed with the two rails supported, unless equipped with a single support attachment

• When ascending or descending, the climber must face the ladder• Ladders must not be tied or fastened together to provide longer sections. They

must be equipped with the hardware fittings necessary if the manufacturer endorses extended uses.

• Ladders should not be used as a brace, skid, guy or gin pole, gangway, or for other uses than that for which they were intended, unless specifically recommended for use by the manufacturer

Type III Type II Type I Type IA Type IAA

200 lbs._______________ _______________ _______________ _______________ _______________

3 ft

. min

.

xD

ista

nce

to To

p S

uppo

rt

x—4

74OSC5112618


Fall Protection

1910.28 – 30

1910.28—Duty to have fall protection and falling object protectionThis section requires employers to provide protection for each employee exposed to fall and falling object hazards. Unless stated otherwise, the employer must ensure that all fall protection and falling object protection required by this section meet the criteria in §1910.29, except that personal fall protection systems required by this section meet the criteria of §1910.140.

Does not apply to:

• Portable ladders• When employers are inspecting, investigating or assessing workplace conditions

or work to be performed prior to the start of work or after all work has been completed. This exemption does not apply when fall protection systems or equipment meeting the requirements of § 1910.29 have been installed and are available for workers to use for pre-work and post-work inspections, investigations or assessments

• To fall hazards presented by the exposed perimeters of entertainment stages and the exposed perimeters of rail-station platforms

Requirements• When employees are exposed to falling object hazards, the employer

must ensure that each employee is provided with and wears compliant head protection

• Employers must also implement one or more of the following: — Erect toeboards, screens or guardrails to prevent objects from falling to a

lower level — Erect canopy structures — Barricade the area into which objects fall and prohibit workers from entering

that area

75 OSC5112618


1910.29—Fall protection systems and falling object protection—criteria and practicesThe employer must ensure each fall protection system and falling object protection, other than personal fall protection systems, that this part requires meets the requirements in this section. The employer must ensure each personal fall protection system meets the requirements in Subpart I of this part; and provide and install all fall protection systems and falling object protection this subpart requires, and comply with the other requirements in this subpart before any employee begins work that necessitates fall or falling object protection.

1910.30—Training requirements

Fall hazards• Before any employee is exposed to a fall hazard, the employer must provide

training for each employee who uses personal fall protection systems or who is required to be trained as specified elsewhere in this subpart. Employers must ensure employees are trained in the requirements of this paragraph on or before May 17, 2017.

• The employer must ensure that each employee is trained by a qualified person• The employer must train each employee in at least the following topics: — The nature of the fall hazards in the work area and how to recognize them — The procedures to be followed to minimize those hazards — The correct procedures for installing, inspecting, operating, maintaining and

disassembling the personal fall protection systems that the employee uses — The correct use of personal fall protection systems and equipment including,

but not limited to, proper hook-up, anchoring and tie-off techniques and methods of equipment inspection and storage, as specified by the manufacturer

Equipment hazards• The employer must train each employee on or before May 17, 2017 in the

proper care, inspection, storage and use of equipment covered by this subpart before an employee uses the equipment

• The employer must train each employee who uses a dockboard to properly place and secure it to prevent unintentional movement

• The employer must train each employee who uses a rope descent system in proper rigging and use of the equipment in accordance with § 1910.27

• The employer must train each employee who uses a designated area in the proper set-up and use of the area

76OSC5112618


Retraining• The employer must retrain an employee when the employer has reason to

believe the employee does not have the understanding and skill required by 1910.30 paragraphs (a) and (b). Situations requiring retraining include, but are not limited to, the following:

— When changes in the workplace render previous training obsolete or inadequate

— When changes in the types of fall protection systems or equipment to be used render previous training obsolete or inadequate

— When inadequacies in an affected employee’s knowledge or use of fall protection systems or equipment indicate that the employee no longer has the requisite understanding or skill necessary to use equipment or perform the job safely

1910.140—Personal fall protection systemsThe employer must ensure that personal fall protection systems meet the requirements in 1910.140(c). Additional requirements for personal fall arrest systems and positioning systems are contained in 1910.140 paragraphs (d) and (e).

77 OSC5112618


Walking-Working Surfaces and Fall Protection Standards UpdateFalls from heights and on the same level (a working surface) are among the leading causes of serious work-related injuries and deaths. OSHA has issued a final rule on walking-working surfaces and personal fall protection systems to better protect workers in general industry from these hazards by updating and clarifying standards and adding training and inspection requirements.

The rule affects a wide range of workers, from painters to warehouse workers. It does not change construction or agricultural standards.

The rule incorporates advances in technology, industry best practices and national consensus standards to provide effective and cost-efficient worker protection. Specifically, it updates general industry standards addressing slip, trip and fall hazards (Subpart D) and adds requirements for personal fall protection systems (Subpart I).

OSHA estimates that these changes will prevent 29 fatalities and 5,842 lost-workday injuries every year.

Benefits to EmployersThe rule benefits employers by providing greater flexibility in choosing a fall protection system. For example, it eliminates the existing mandate to use guardrails as a primary fall protection method and allows employers to choose from accepted fall protection systems they believe will work best in a particular situation—an approach that has been successful in the construction industry since 1994. In addition, employers will be able to use non-conventional fall protection in certain situations, such as designated areas on low-slope roofs.

As much as possible, OSHA aligned fall protection requirements for general industry with those for construction, easing compliance for employers who perform both types of activities. For example, the final rule replaces the outdated general industry scaffold standards with a requirement that employers comply with OSHA’s construction scaffold standards.

The rule phases out a 1993 exception for the outdoor advertising industry that allows “qualified climbers” to forego fall protection. At least three workers have fallen from fixed ladders under this exception. One of them died. The final rule phases in the fixed ladder fall protection requirements for employers in outdoor advertising.

78OSC5112618


Fall Protection OptionsThe rule requires employers to protect workers from fall hazards along unprotected sides or edges that are at least 4 feet above a lower level. It also sets requirements for fall protection in specific situations, such as hoist areas, runways, areas above dangerous equipment, wall openings, repair pits, stairways, scaffolds and slaughtering platforms. And it establishes requirements for the performance, inspection, use and maintenance of personal fall protection systems.

OSHA defines fall protection as “any equipment, device, or system that prevents a worker from falling from an elevation or mitigates the effect of such a fall.” Under the final rule, employers may choose from the following fall protection options:

• Guardrail System—A barrier erected along an unprotected or exposed side, edge or other area of a walking-working surface to prevent workers from falling to a lower level

• Safety Net System—A horizontal or semihorizontal, cantilever-style barrier that uses a netting system to stop falling workers before they make contact with a lower level or obstruction

• Personal Fall Arrest System—A system that arrests/stops a fall before the worker contacts a lower level. Consists of a body harness, anchorage and connector and may include a lanyard, deceleration device, lifeline or a suitable combination. Like OSHA’s construction standards, the final rule prohibits the use of body belts as part of a personal fall arrest system.

• Positioning System—A system of equipment and connectors that, when used with a body harness or body belt, allows a worker to be supported on an elevated vertical surface, such as a wall or window sill, and work with both hands free

• Travel Restraint System—A combination of an anchorage, anchorage connector, lanyard (or other means of connection) and body support to eliminate the possibility of a worker going over the unprotected edge or side of a walking-working surface

• Ladder Safety System—A system attached to a fixed ladder designed to eliminate or reduce the possibility of a worker falling off the ladder. A ladder safety system usually consists of a carrier, safety sleeve, lanyard, connectors and body harness. Cages and wells are not considered ladder safety systems.

79 OSC5112618


Rope Descent SystemsThe rule codifies a 1991 OSHA memorandum that permits employers to use Rope Descent Systems (RDS), which consist of a roof anchorage, support rope, descent device, carabiners or shackles and a chair or seatboard. These systems are widely used throughout the country to perform elevated work, such as window washing.

The rule adds a 300-foot height limit for the use of RDS. It also requires building owners to affirm in writing that permanent building anchorages used for RDS have been tested, certified and maintained as capable of supporting 5,000 pounds for each worker attached. This mirrors the requirement in OSHA’s Powered Platforms standard.

Ladder Safety RequirementsFalls from ladders account for 20 percent of all fatal and lost work-day injuries in general industry. The new rule includes requirements to protect workers from falling off fixed and portable ladders as well as mobile ladder stands and platforms. (The ladder requirements do not apply to ladders used in emergency operations or ladders that are an integral part of or designed into a machine or piece of equipment.)

In general, ladders must be capable of supporting their maximum intended load, while mobile ladder stands and platforms must be capable of supporting four times their maximum intended load. Each ladder must be inspected before initial use in a work shift to identify defects that could cause injury.

Fixed Ladders—Fixed ladders are permanently attached to a structure, building or equipment. These include individual-rung ladders, but not ship stairs, step bolts or manhole steps. The new rule phases in a requirement for employers to have ladder safety or personal fall arrest systems for fixed ladders that extend more than 24 feet and phases out the use of cages or wells for fall protection under the following timeline: Starting in two years, all new fixed ladders and replacement ladder/ladder sections must have a ladder safety or personal fall protection system. For existing ladders, within two years, employers must install a cage, well, ladder safety system or personal fall arrest system on fixed ladders that do not have any fall protection. Within 20 years, all ladders extending more than 24 feet must have a ladder safety or personal fall arrest system.

Portable Ladders—Portable ladders usually consist of side rails joined at intervals by steps, rungs or cleats. They can be self-supporting or lean against a supporting structure. The final rule will be easier for employers and workers to understand and follow because it uses flexible performance-based language instead of detailed specification and design requirements. Under the revisions, employers must ensure that: Rungs and steps are slip resistant; portable ladders used on slippery surfaces are secured and stabilized; portable ladders are not moved, shifted or extended while a worker is on them; top steps and caps of stepladders are not used as steps;

80OSC5112618


ladders are not fastened together to provide added length unless designed for such use; and ladders are not placed on boxes, barrels or other unstable bases to obtain added height.

Training Requirements The rule adds a requirement that employers ensure workers who use personal fall protection and work in other specified high-hazard situations are trained, and retrained as necessary, about fall and equipment hazards, including fall protection systems. A qualified person must train these workers to correctly: Identify and minimize fall hazards; use personal fall protection systems and rope descent systems; and maintain, inspect and store equipment or systems used for fall protection.

When there is a change in workplace operations or equipment, or the employer believes that a worker would benefit from additional training based on a lack of knowledge or skill, then the worker must be retrained. The training must be provided in a language and vocabulary that workers understand.

TimelineMost of the rule became effective January 17, 2017, 60 days after publication in the Federal Register, but some provisions had delayed effective dates, including:

• Ensuring exposed workers are trained on fall hazards (May 17, 2017)• Ensuring workers who use equipment covered by the final rule are trained

(May 17, 2017)• Inspecting and certifying permanent anchorages for rope descent systems

(November 20, 2017)• Installing personal fall arrest or ladder safety systems on new fixed ladders over

24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (November 19, 2018)

• Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system or ladder safety system (November 19, 2018)

• Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (November 18, 2036)

81 OSC5112618


Exit Routes/Emergency Action Plan (Sections 3209 – 3216, 3220 – 3225, 3362)

Exit Routes and Emergency Planning

Emergency Exits and Emergency Action PlansEmployers are responsible to protect their employees by having emergency exits in compliance with the regulations.

General Requirements for Safe ExitsAn employer who demonstrates compliance with the exit route provisions of NFPA 101-2000, the Life Safety Codes, will be deemed to be in compliance with the corresponding requirements in 1910.34 and 1910.37.

Emergency ExitsWhere are these regulations?

• CCR Title 8, Group 1, General Physical Conditions and Structures• 29 CFR 1910.35 – .37 Subpart E, Exits and Emergency Action Plan

What do the regulations say?

Obstructed Egress—Section 3225(a)Exits shall be so located and arranged that they are readily accessible at all times. Where exits are not immediately accessible from an open floor area, safe and continuous passageways, aisles, or corridors leading directly to every exit and so arranged as to provide convenient access for each occupant to at least two exits by separate ways of travel shall be maintained, except as a single exit or limited dead ends are permitted by other provisions of these regulations.

1. Every required exit shall be maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.

82OSC5112618

ExIT ROUTES, EMERGENCY ACTION PLANS, FIRE PREVENTION AND FIRE PROTECTION

Means of Egress—Section 3215(e)Whenever the building is occupied, exit paths shall be lighted so that they may be easily recognized and all exit and directional signs shall be clearly visible. Artificial lighting sufficient to enable objects to be seen and egress made under emergency conditions shall be provided when natural lighting is inadequate.

Exit Signs—Section 3216(a)Luminance. Exit and directional signs shall have a luminance on the face of such signs of not less than 50 lux. The words used on such signs shall be in block letters at least 6 inches in height with a stroke of not less than 3/4 inch.

Exception: Existing signs may have the word “EXIT” in lettering not less than 5 inches high with principal strokes of letters of not less than 1/2 inch. Letters shall be of such color or design as to be in strong contrast to the background of the sign.

Arrows or other directional symbols shall be of equal visibility to that stipulated herein for letters.

83 OSC5112618


Exit Marking—Section 3216(b)Location. Exit or directional signs, or both, shall be provided at every exit door, at the intersection of corridors, at exit stairways or ramps and at such other locations and intervals as are necessary to provide the occupants with knowledge of the various means of egress available. Exit or directional signs need not be provided for the following:

1. Any room or building having an occupant load of 50 or less; 2. Dwellings units in Group R, Division 1 Occupancies; 3. When approved, the main exterior exit doors obviously and clearly

identifiable as exits.

84OSC5112618


Emergency Action PlansEmployers are required to protect their employees by having emergency exits that are in compliance with regulations.


• CCR Title 8, Group 1, General Physical Conditions and Structures• Section 3220—Emergency Action Plan• 29 CFR 1910.38 Employee Emergency Plans and Fire Prevention Plans


Elements of an Emergency Action Plan—Section 3220(b)• Emergency escape procedures and emergency escape route assignments;• Procedures to be followed by employees who remain to operate critical plant

operations before they evacuate;• Procedures to account for all employees after emergency evacuation has

been completed; • Rescue and medical duties for those employees who are to perform them;• The preferred means of reporting fires and other emergencies; and• Names or regular job titles of persons or departments who can be contacted for

further information or explanation of duties under the plan.

85 OSC5112618


There is a long and tragic history of workplace fires in this country. One of the most notable was the fire at the Triangle Shirtwaist Factory in New York City in 1911 in which nearly 150 women and young girls died because of locked fire exits and inadequate fire extinguishers. In 1991 in Hamlet, N.C., 25 workers died in a fire in a poultry processing plant because of problems with fire exits and extinguishers.

While this discussion is devoted to the subject of emergency exits and subsequent planning, the emphasis may appear to be on escaping from fires. While this is certainly a primary reason for emergency egress from a building, there are numerous events that may result in exercising this sort of plan.

Hazards that must be considered include: 1. Terrorist activity 2. Workplace violence 3. Explosion 4. Earthquake 5. Smoke (without fire) 6. Toxic vapors 7. Bomb threat 8. Storms (tornado or hurricane) 9. Flash floods 10. Nuclear radiation exposure 11. Action or threatened actions of mentally ill persons or political radicals

86OSC5112618


TrainingBefore implementing an emergency action plan, a sufficient number of persons must be trained to assist in the safe and orderly evacuation of employees. Training for each type of disaster response is necessary so those employees know what actions are required. The employer shall review the plan with each employee covered by the plan at the following times:

• When the plan is initially developed• Whenever the employee’s responsibilities or designated actions change• Whenever the plan is changed

The employer shall review with each employee upon initial assignment those parts of the plan the employee must know to protect himself or herself in the event of an emergency.

What If?Fire or other emergencies must be considered in the emergency action plan. If those other emergencies include weather or other reasons to gather inside the building, an interior evacuation plan must be included in the plan.

What if There Is a: Where Would Your Employees Go?

87 OSC5112618


Section 3221—Fire Prevention Plan The employer shall inform employees of the fire hazards of the materials and processes to which they are exposed. Fire prevention plans must be in writing and available to employees for review for firms that have more than 10 employees. If the company has 10 or fewer employees, the plan may be communicated to the workers in an oral manner.

The following elements, at a minimum, shall be included in a fire prevention plan:

• A list of all major workplace hazards and their proper handling and storage procedures, potential ignition sources, and the type of fire equipment or system to control a fire involving them

• Procedures to control accumulation of flammable and combustible waste materials

• Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent accidental ignition

• Names or job titles responsible for maintenance of equipment to prevent or control sources of ignition or fires

• The name or job titles of persons responsible for control of fuel source hazards

The employer shall control accumulations of flammable and combustible waste materials and residues so that they do not contribute to a fire emergency. These procedures shall be included in the fire prevention plan.

Upon initial assignment, the employer shall review those parts of the fire prevention plan that each employee must know to protect himself or herself in the event of an emergency. The written plan shall be kept in the workplace and available to the employee. The plan may be communicated orally in establishments with 10 or fewer employees. Equipment and systems installed on heat producing equipment shall be maintained in order to prevent accidental ignition of combustible materials. These procedures shall be included in the written fire prevention plan.

88OSC5112618


Fire Protection (Sections 6151 and 6170)

Fire ProtectionEmployers must provide fire protection and train employees on how to use it.

Fire Protection Definitions 1. Class A fire: A fire involving ordinary combustible materials such as paper,

wood, cloth and some rubber and plastic materials 2. Class B fire: A fire involving flammable or combustible liquids, flammable

gases, greases and similar materials and some rubber and plastic materials 3. Class C fire: A fire involving energized electrical equipment where

safety to the employee requires the use of electrically nonconductive extinguishing media

4. Class D fire: A fire involving combustible metals such as magnesium, titanium, zirconium, sodium, lithium and potassium

5. Dry chemical: An extinguishing agent composed of very small particles of chemicals (e.g., sodium bicarbonate, potassium bicarbonate, mono-ammonium phosphate)

6. Dry powder: A compound used to extinguish or control Class D fires 7. Extinguisher rating: The numerical rating given to an extinguisher which

indicates the extinguishing potential of the unit based on standardized tests developed by Underwriters’ Laboratories, Inc.

8. Fire brigade: An organized group of employees who are knowledgeable, trained and skilled in at least basic fire fighting operations (internal vs. external structural fire)

9. Incipient stage fire: A fire which is in the initial or beginning stage and which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus

10. Interior structural fire fighting: The physical activity of fire situation … beyond the incipient stage

89 OSC5112618


Section 6151—Portable Fire Extinguishers(b) Exemptions

(1) Where the employer has established and implemented a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal and which includes an emergency action plan and a fire prevention plan which meet the requirements of Section 3220 and 3221 and when extinguishers are not available in the workplace, the employer is exempt from all requirements of this section unless a specific Section in Title 8 requires that a portable fire extinguisher be provided.

(2) Where the employer has an emergency action plan meeting the requirements of Section 3220 which designates certain employees to be the only employees authorized to use the available portable fire extinguishers, and which requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm, the employer is exempt from the distribution requirements in Section (d) of this Section.

(c) General Requirements

• Mount, locate and identify them so that they are readily accessible to employees

• Only approved portable fire extinguishers shall be used • Carbon tetrachloride or chlorobromomethane extinguishing agents

are prohibited • Assure that portable fire extinguishers are maintained in a fully charged

and operable condition and kept in their designated places at all times except during use

• Soldered or riveted shell inverting type extinguishers shall be permanently removed from service

Selection and DistributionExtinguishers shall be provided for employee use with the selection and distribution based on the classes of anticipated work place fires and on the size and degree of hazard which would affect their use. Extinguishers shall be distributed so that the following maximum travel distances apply:

• Class A: 75 feet• Class B: 50 feet• Class C: Based on appropriate pattern for exiting Class A or B hazards• Class D: 75 feet

90OSC5112618


Inspection, Maintenance and TestingExtinguishers shall be visually inspected monthly, maintained annually and hydrostatically tested periodically per Table L-1 of this standard.


• Group 27, Articles 156 – 165 Fire Protection, Sections 6150 – 6183• 29 CFR 1910.156 Fire Brigades – .165 Portable Fire Suppression Equipment


Portable Extinguisher Training—Section 6151(g)(1)Where the employer has provided portable fire extinguishers for employee use in the workplace, the employer shall also provide an education program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting.

Portable Extinguisher Provided—Section 6151(c)(1)The employer shall provide portable fire extinguishers and shall mount, locate and identify them so that they are readily accessible to employees without subjecting the employees to possible injury.

Portable Extinguisher Checked Annually—Section 6151(e)(3)Portable fire extinguishers shall be subjected to an annual maintenance check. Stored pressure extinguishers do not require an internal examination. The employer shall record the annual maintenance date and retain this record for one year after the last entry or the life of the shell, whichever is less. The record shall be available to the Chief upon request.

Portable Extinguisher Charged and Operational—Section 6151(c)(4)The employer shall assure that portable fire extinguishers are maintained in a fully charged and operable condition and kept in their designated places at all times except during use.

91 OSC5112618


Automatic Sprinkler Systems—Section 6170 (2) For automatic sprinkler systems used to meet Title 8 requirements and

installed prior to the effective date of this standard, compliance with the National Fire Protection Association (NFPA) or the National Board of Fire Underwriters (NBFU) standard in effect at the time of the system’s installation will be acceptable as compliance with this Section.

(10) The employer shall ensure that sprinklers are spaced to provide a maximum protection area per sprinkler, a minimum of interference to the discharge pattern by building or structural members or building contents and suitable sensitivity to possible fire hazards. The minimum vertical clearance between sprinklers and material below shall be 18 inches (45.7 cm).

A Fire BrigadeOSHA requires the people in the brigade be trained and have responsibilities set out in writing.

Training and EducationEmployees shall be educated in use of extinguishers and associated hazards upon initial employment and at least annually thereafter.

• Employees designated to use firefighting equipment shall be trained• Consider assistance from local fire departments

Employee InformationAn employer must inform employees upon initial assignment to a job of the fire hazards to which they are exposed. An employer must also review with each employee those parts of the fire prevention plan necessary for self-protection.

92OSC5112618


Electrical Safety (CCR Title 8, Chapter 4, Subchapter 5)What Is It?The ________________________________ of __________________________

Electrical Materials• Conductors: _______________, _________________, ___________________

• Insulators: _______________, _________________, ____________________

• Fair Conductors: ______________, _______________, __________________

Generating Electricity• Magnetism, ______________, _________________, ____________________

Electrical Terms• Voltage:

• Current:

• Resistance:

Hazards of Electricity

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

5. _____________________________________________________________

6. _____________________________________________________________

93 OSC5112618

ELECTRICAL SAFETY

Ohm’s Law I = E / R

E Volts

E Volts

I Amps

R Ohms

I Amps

R Ohms

A B

Place a finger on the unknown value. The remaining two letters will give the formula to use for finding the unknown value.

Behavior of Electricity 1. If the current is 5 amps and the resistance is 20 ohms, what is the

applied voltage? E = IR E = (5)(20) E = ________

2. If the voltage is 100 volts and the resistance is 25 ohms, what is the current in the circuit?

I = E/R I = 100/25 I = _______

3. If the current is 2 amps and the applied voltage is 100 volts, what is the resistance?

R = E/I R = 100/2 R = ________

94OSC5112618

ELECTRICAL SAFETY

Effects of Electricity on the Human Body

AC (Alternating Current), 60 Cycles per Second Result

More than 3 mA Painful shock that can cause indirect accidents

More than 10 mA Muscle contraction, no “let go”

More than 30 mA Lung paralysis, usually temporary

More than 50 mA Possible ventricular fibrillation (heart dysfunction), usually fatal

More than 100 mA to 4 A Certain ventricular fibrillation, fatal

More than 4 A Heart paralysis, but may be temporary; severe burns; usually caused by voltage above 600 V

Note: 1 milliampere = 1/1000 amp = .001 amps

Three Variables of an Electrocution

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

Three Ways to Prevent Electrocution

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

Electrocution continues to be one of the leading on-the-job killers every year. What’s more, defective or overloaded electrical equipment is a leading cause of fire in workplaces. This subpart contains the standards for safe use of electricity and electrical equipment.

Anyone working on electrical equipment must be familiar with NFPA 70E and National Electric Codes and must meet the criteria of being a “qualified person.”

95 OSC5112618

ELECTRICAL SAFETY

Cal/OSHA regulations are found in:

Title 8 Chapter 4. Division of Industrial Safety Subchapter 5. Electrical Safety Orders

Article 3. Work Procedures

Section 2320.1 General (a) Only qualified persons shall work on electrical equipment or systems. (b) Only qualified persons shall be permitted to perform any function in

proximity to energized overhead conductors unless means to prevent accidental contact have been provided in accordance with Articles 3 and 4 of these orders.

Qualified Person. A person, designated by the employer, who by reason of experience or instruction has demonstrated familiarity with the operation to be performed and the hazards involved.

Guarding of Live Parts

Section 2340.17 Guarding of Energized Parts(a) Except as elsewhere required or permitted by these orders, energized parts

of electric equipment operating at 50 volts or more shall be guarded against accidental contact by use of approved cabinets or other forms of approved enclosures or by any of the following means:

(1) By location in a room, vault, or similar enclosure that is accessible only to qualified persons.

(2) By suitable permanent, substantial partitions or screens so arranged that only qualified persons will have access to the space within reach of the energized parts. Any openings in such partitions or screens shall be so sized and located that persons are not likely to come into accidental contact with the energized parts or to bring conducting objects into contact with them.

(3) By location on a suitable balcony, gallery, or platform so elevated and otherwise located as to prevent access by unqualified persons

(c) Entrances to rooms and other guarded locations containing exposed live parts shall be marked with conspicuous warning signs forbidding unqualified persons to enter.

Section 2510.4—Live PartsFixtures, lamp holders, lamps, rosettes, and receptacles shall have no live parts normally exposed to contact.

96OSC5112618

ELECTRICAL SAFETY

Section 2340.16—Work Space About Electric Equipment(a) Sufficient access and working space shall be provided and maintained about

all electric equipment to permit ready and safe operation and maintenance of such equipment.

(b) Except as elsewhere required or permitted in these orders, the dimension of the working space in the direction of access to energized parts in switchboards, control panels, fused switches, circuit breakers, panel boards, motor controllers, and similar equipment which require examination, adjustment, servicing, or maintenance while energized, shall not be less than indicated in Table 2340.16. In addition to the dimensions of depth shown in Table 2340.16, the workspace in the direction of access to the equipment shall not be less than 30 inches wide. Depth distances shall be measured from the energized parts if such are normally exposed or from the enclosure front or opening if such are normally enclosed. Concrete, brick, or tile surfaces shall be considered as grounded surfaces. In all cases, the workspace shall be adequate to permit at least a 90 degree opening of equipment doors or hinged panels.

Table 2340.16 Work Space

Nominal Voltage to

Ground

Minimum Clear Distance (Feet)

Condition 1 Condition 2 Condition 3

0–150 3* 3* 3151–600 3* 3.5 4

*Minimum clear distances may be 2.5 ft. for installations built before April 16, 1981.

97 OSC5112618

ELECTRICAL SAFETY

Grounding

Section 2395.51—Effective Grounding(a) The path to ground from circuits, equipment, and conductor enclosures shall: (1) Be permanent and continuous (2) Have ample carrying capacity to conduct safely any currents liable to be

imposed on it (3) Have impedance sufficiently low to limit the potential above ground and

to facilitate the operation of the overcurrent devices in the circuit

Section 2395.45—Equipment Connected by Cord and Plug(a) The exposed noncurrent-carrying metal parts of the following cord- and

plug-connected equipment that may become energized shall be grounded under any of the following conditions:

(1) Utilization equipment used in hazardous (classified) locations (See Article 59).

(2) Any electric equipment which is operated at over 150 volts to ground. (3) If the equipment is of the following types: (A) Refrigerators, freezers, and air conditioners. (B) Clothes-washing, clothes-drying and dishwashing machines, sump

pumps, and electrical aquarium equipment. (C) Hand-held motor-operated tools, stationary and fixed motor-

operated tools, and light industrial motor-operated tools. (D) Motor-operated tools and utilization equipment of the following

types: drills, hedge clippers, lawn mowers, snow blowers, wet scrubbers, sanders and saws.

(E) Cord- and plug-connected appliances used in damp or wet locations or by persons standing on the ground or on metal or exposed concrete floors or working inside of metal tanks or boilers.

(F) Portable and mobile x-ray and associated equipment. (G) Portable hand lamps.

EXCEPTIONS: The following equipment shall not be required to be grounded: (1) Listed portable tools or utilization equipment likely to be used in wet and

conductive locations if supplied through an isolating transformer with an ungrounded secondary of not over 50 volts.

(2) Listed or labeled portable tools and utilization equipment protected by an approved system of double insulation. Where such a system is employed, the equipment shall be distinctively marked.

98OSC5112618

ELECTRICAL SAFETY

Section 2350.2—General (a) Grounded conductors in premises wiring systems shall be identified in a

suitable manner (b) The grounded conductor, when insulated, shall have insulation that is suitable,

other than color, for any ungrounded conductor of the same circuit

Requirements for Electrical Installations

Section 2340.1—MaintenanceElectrical equipment shall be maintained free from recognized hazards that are likely to cause death or serious physical harm to employees.

Section 2340.21—MarkingOn all electrical equipment, markings shall be provided giving voltage, current, wattage, or other ratings. The marking shall be of sufficient durability to withstand the environment involved.

Flexible Cords

Section 2500.7—Uses Permitted(b) Flexible cords and cables shall be used only for: (1) pendants; (2) wiring

of fixtures; (3) connection of portable lamps or appliances; (4) portable and mobile signs; (5) elevator cables; (6) wiring of cranes and hoists; (7) connection of stationary equipment to facilitate their frequent interchange; (8) prevention of the transmission of noise or vibration; (9) appliances where the fastening means and mechanical connections are designed to permit removal for maintenance and repair; (10) data processing cables as a part of the data processing system; (11) connection of moving parts; and (12) temporary wiring as permitted in Article 13 of these Low-Voltage Electrical Safety Orders.

(c) Where used as permitted in subsections (b)(3), (b)(7), and (b)(9) above, each flexible cord shall be equipped with an attachment plug and shall be energized from an approved receptacle outlet.

Section 2500.8—Uses Not Permitted(a) … flexible cords and cables shall not be used: (1) as a substitute for the fixed

wiring of a structure; (2) where run through holes in walls, ceilings, or floors; (3) where run through doorways, windows or similar openings; (4) where attached to building surfaces; (5) where concealed behind building walls, ceilings, or floors …

99 OSC5112618

ELECTRICAL SAFETY

Section 2500.25—Maintenance of Outer SheathFlexible cords shall be repaired or replaced if the outer sheath is damaged such that any conductor insulation or conductor is exposed. Repair of the outer sheath shall only be permitted if the conductors are not damaged and the completed repair retains the insulation, outer sheath properties, and usage characteristics of the cord being repaired.

Gotcha! Damaged, taped, ungrounded and misused extension cords are subject to destruction, on the spot, by the inspector. (Power strips with fuses or breakers are not extension cords.)

100OSC5112618

ELECTRICAL SAFETY

Control of Hazardous Energy (Section 3314)

The Control of Hazardous EnergyThe Control of Hazardous Energy Standard helps safeguard employees from the unexpected start-up of machinery or equipment or release of hazardous energy while they are performing service or maintenance.

The IIP Program requires every employer to develop and maintain an accident prevention program. This includes lockout/tagout.

Control of Hazardous Energy Applicable Safety RegulationsWhere are these regulations?

Section 3203 Injury and Illness Prevention Program

Section 3314 Cleaning, Repairing, Servicing, Setting-Up and Adjusting Operations of Prime Movers, Machinery and Equipment, Including Lockout/Tagout Operations

Section 3341 Accident Prevention Tags

Section 2320.4 De-Energized Equipment or Systems

Section 2320.5 Energizing (or Re-Energizing) Equipment or Systems

Section 2320.6 Accident Prevention Tags

Section 2530.43 Automatic Restarting

Section 2530.86 Motor Not in Sight from Controller

Lockout/Tagout remains on the list of most frequently cited Cal/OSHA standards.

101 OSC5112618

ELECTRICAL SAFETY

CCR Title 8 Section 3314(a)

Cleaning, Repairing, Servicing, Setting-Up and Adjusting Operations of Prime Movers, Machinery and EquipmentMachinery or equipment capable of movement shall be stopped and the power source de-energized or disengaged, and if necessary, the moveable parts shall be mechanically blocked or locked out to prevent inadvertent movement, or release of stored energy during cleaning, servicing and adjusting operations.

What Is Lockout/Tagout?Lockout/tagout means that any energy source—whether electrical, hydraulic, mechanical, compressed air or any other source that might cause unexpected movement—must be disengaged or blocked, and electrical sources must be deenergized and locked or positively sealed in the off position.

But even a locked-out machine may not be safe if there are parts of the machine that are not blocked to prevent inadvertent movement. Potential energy that may need to be blocked can come from suspended parts, subject to gravity, or may be energy stored in springs.

Lockout/Tagout Accident Prevention ProgramsTo prevent lockout/tagout accidents, every employer is required to inaugurate and maintain an accident prevention program that includes, but is not limited to, the following:

• A training program designed to instruct employees in general safe work practices, plus specific instruction with regard to hazard unique to any job assignment

• Scheduled periodic inspections to identify and correct any unsafe conditions and work practices that may be found. The employer shall correct unsafe conditions and work practices found as a result of the required inspections.

102OSC5112618

ELECTRICAL SAFETY

Lockout/Tagout

The Standard Does Not Apply in the Following Situations• While servicing or maintaining cord- and plug-connected electrical equipment

(When unplugging the equipment from the energy source, the worker must control the hazards by keeping the plug under his or her exclusive control during servicing or maintenance.)

• During hot tap operations that involve transmission and distribution system for gas, steam, water or petroleum products when they are performed on pressurized pipelines

• When continuity of service is essential and shutdown of the system is impractical

• When employees are provided with an alternative type of protection that is equally effective

Lockout/Tagout Services or Maintenance OperationsIf a servicing activity—such as lubricating, cleaning or unjamming the production equipment—takes place during production, the employee performing the servicing may be subjected to hazards that are not encountered as part of the production operation itself. Workers engaged in these operations are covered by lockout/tagout when any of the following conditions occur:

• The employee must either remove or bypass machine guards or other safety devices, resulting in exposure to hazards at the point of operation

• The employee is required to place any part of his or her body in contact with the point of operation of the operational machine or piece of equipment

• The employee is required to place any part of his or her body into a danger zone associated with a machine operating cycle

In the above situations, the equipment must be deenergized and locks or tags must be applied to the energy-isolation devices. In addition, when normal servicing tasks occur such as setting up equipment up and making significant adjustments to machines—employees performing such tasks are required to lock out or tag out if they can be injured by unexpected energization or start-up of the equipment.

OSHA also recognizes that some servicing operations must be performed with the power on. Making many types of fine adjustments, such as centering the belt on conveyors, is one example. Certain aspects of troubleshooting, such as identifying the source of the problem as well as checking to ensure that it has been corrected, is another. OSHA requires the employer to provide effective protection when employees perform such operations. Although, in these cases,

103 OSC5112618

LOCkOUT/TAGOUT

a power-on condition is essential either to accomplish the particular type of servicing or to verify that it was performed properly, lockout or tagout procedures are required when other service or maintenance occurs and power is not required.

Lockout/Tagout Energy Control

Energy Control ProgramThe lockout/tagout rule requires the employer establish an energy control program that includes documented energy control procedures, an employee-training program and periodic inspections of the procedures. The standard requires employers to establish a program to ensure that machines and equipment are isolated and inoperative before any employee performs service or maintenance where the unexpected energization, start-up or release of stored energy could occur and cause injury.

Energy Control ProcedureThis standard requires that energy control procedures be developed, documented and used to control potentially hazardous energy sources whenever workers perform activities covered by the standard.

The procedure must include the following steps:

1. Preparing for shutdown 2. Shutting down the machine or equipment 3. Isolating the machine or equipment from the energy source(s) 4. Applying the lockout or tagout device(s) to the energy-isolating device(s) 5. Safely releasing all potentially hazardous stored or residual energy 6. Verifying the isolation of the machine(s) or equipment prior to the start of

servicing or maintenance work

In addition, before lockout or tagout devices are removed and energy is restored to the machines or equipment, certain steps must be taken to reenergize equipment after service is completed, including:

• Ensuring that machines or equipment components are operationally intact• Ensuring that lockout or tagout devices are removed from each energy-isolating

device by the employee who applied the device

Energy-Isolating DevicesThe employer’s primary tool for providing protection under the standard is the energy-isolating device, which is the mechanism that prevents the transmission or release of energy and to which all locks or tags are attached. This device guards against accidental startup or the unexpected reenergization in machines or equipment during servicing or maintenance. There are two types of energy-isolating devices: Those capable of being locked and those that are not. The

104OSC5112618

LOCkOUT/TAGOUT

standard differentiates between the existence of these two conditions and the use of tagout when either condition exists.

When the energy-isolating device cannot be locked out, the employer must use tagout. Of course, the employer may choose to modify or replace the device to make it capable of being locked-out. When using tagout, the employer must comply with all tagout-related provisions of the standard and, in addition to the normal training required for all employees, must train his or her employees in the following limitations of tags:

• Tags are essentially warning devices affixed to energy-isolating devices and do not provide the physical restraint of a lock

• When a tag is attached to an isolating means, it is not to be removed except by the person who applied it, and it is never to be bypassed, ignored or otherwise defeated

• Tags must be legible and understandable by all employees• Tags and their means of attachment must be made of materials that will

withstand the environmental conditions encountered in the workplace

Types of Devices• Durable: Lockout and tagout devices must withstand the environment to

which they are exposed for the maximum duration of the expected exposure. Tagout devices must be constructed and printed so that they do not deteriorate or become illegible, especially when used in corrosive (acid and alkali chemicals) or wet environments.

• Standardized: Both lockout and tagout devices must also be standardized according to color, shape or size. Tagout devices must also be standardized according to print and format.

• Substantial: Lockout and tagout devices must be substantial enough to minimize early or accidental removal. Locks must be substantial enough to prevent removal except by excessive force of special tools such as bolt cutters or other metal-cutting tools. Tagout means of attachment must be nonreusable, attachable by hand, self-locking and nonreleasable, with a minimum unlocking strength of no less than 50 pounds. The device for attaching the tag also must have the general design and basic characteristics equivalent to a one-piece nylon cable tie that will withstand all environments and conditions.

• Identifiable: Locks and tags must be clearly identified by the employee who applies them. Tags must also warn against hazardous conditions if the machine or equipment is energized and must include a legend such as the following: DO NOT START, DO NOT OPEN, DO NOT CLOSE, DO NOT ENERGIZE AND DO NOT OPERATE.

105 OSC5112618

LOCkOUT/TAGOUT

Lockout/Tagout Required Training—Section 3314(j)

Training and CommunicationThe employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees. The training shall include the following:

• Authorized employees: Instruct authorized employees in the application of locks and tags. Authorized employees must know how to develop procedures, conduct periodic inspections, and enforce programs.

• Affected employees: Affected employees must be instructed in purpose and use of the energy control procedures.

• All other employees: Employees who fall into the “other” category will be instructed about the procedure and prohibition of trying to restart or energize machines or equipment.

When Should You Retrain? • When a change in assignments takes place• When a change in machine or energy control procedures is made• If the periodic inspection indicates a need, such as for the following situations: — If the task is performed by an authorized employee — To correct any problems or deficiencies — Training between the supervisor and each authorized employee — When an employee shall be certified on each machine

Document TrainingThe employer shall certify that employee training has been accomplished and is being kept up to date. The certification shall contain each employee’s name and dates of training.

Lockout/Tagout Required Periodic Inspection—Section 3314(h)The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed.

The periodic inspection shall be performed by an authorized employee other than the one(s) utilizing the energy control procedure being inspected.

The employer shall certify that the periodic inspections have been performed. The certification shall identify the machine or equipment on which the energy control procedure was being utilized, the date of the inspection, the employees included in the inspection and the person performing the inspection.

106OSC5112618

LOCkOUT/TAGOUT

Permit-Required Confined Space (Section 5157)

Three-Step Formula 1. Recognize the ________________________

2. Understand the _______________________

3. ______________________________ in time

Objectives: Each employee should be able to define:• Confined space• Permit-required confined space• Nonpermit space• Entry• Rescue service

Confined Space DefinitionsA confined space:

• Is large enough and so configured that an employee can bodily enter and perform assigned work

• Has limited or restricted means for entry or exit (e.g., tanks, vessels, silos, storage bins, hoppers, vaults and pits)

• Is not designed for continuous employee occupancy

Questions to Ask• Does the person have to use his or her hands to enter or exit the space?• Is the person in an awkward posture when entering or exiting the space?• Is a person’s entry into or exit from the space slowed or impeded by physical

obstructions (pipes, ductwork, walls, holes in the floor or flanges)?• Would an employee be forced to enter or exit in a posture that might slow self-

rescue or make rescue more difficult?

107 OSC5112618

PERMIT-REqUIRED CONFINED SPACES

Permit-Required Confined SpaceA permit-required confined space 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 such that an entrant could be trapped or

asphyxiated by inwardly converging walls or by a floor that slopes and tapers to a smaller cross-section

• Contains any other recognized serious safety or health hazard

Nonpermit Confined SpaceA confined space that does not contain atmospheric hazards and is not capable of causing death or serious physical harm

EntryThe action by which a person passes through an opening into a permit-required confined space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant’s body breaks the plane of an opening into the space.

Rescue ServiceThe personnel designated to rescue employees from permit spaces.

Section 5157(c)(1) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.

Note: Proper application of the decision flow chart in Appendix A [to Section 5157] would facilitate compliance with this requirement.

Section 5157(c)(2) If the workplace contains permit spaces, the employer shall inform exposed employees and other employees performing in the work area, by posting danger signs or by any other equally effective means, of the existence, location of and the danger posed by the permit spaces.

Note: A sign reading “DANGER—PERMIT-REQUIRED CONFINED SPACE. DO NOT ENTER.” or using other similar language would satisfy the requirement for a sign.

108OSC5112618


Section 5157(c)(4) If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives.

Section 5157(e) Permit system

Section 5157(e)(1) Before entry is authorized, the employer shall document the completion of measures required by subsection (d)(3) by preparing an entry permit.

Section 5157(g) Training

Section 5157(g)(1) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.

109 OSC5112618


Medical Services and First Aid (Section 3400)

Standards• CCR Title 8 Section 3400—Medical Services and First Aid• 29 CFR 1910.151 Medical Services and First Aid

Section 3400(a) Employer shall ensure the ready availability of medical personnel for advice

and consultation on matters of industrial health or injury.(b) In the absence of an infirmary, clinic, or hospital, in near proximity to

the workplace, which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Training shall be equal to that of the American Red Cross or the Mine Safety and Health Administration.

(c) There shall be adequate first-aid materials, approved by the consulting physician, readily available for employees on every job. Such materials shall be kept in a sanitary and usable condition. A frequent inspection shall be made of all first-aid materials, which shall be replenished as necessary.

(d) Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.

Section 5162. Emergency Eyewash and Shower Equipment(a) Plumbed or self-contained eyewash or eye/facewash equipment which meets

the requirements of sections 5, 7, or 9 of ANSI Z358.1-1981, Emergency Eyewash and Shower Equipment, incorporated herein by this reference, shall be provided at all work areas where, during routine operations or foreseeable emergencies, the eyes of an employee may come into contact with a substance which can cause corrosion, severe irritation or permanent tissue damage or which is toxic by absorption. Water hoses, sink faucets, or showers are not acceptable eyewash facilities. Personal eyewash units or drench hoses which meet the requirements of section 6 or 8 or ANSI Z358.1-1981, hereby incorporated by reference, may support plumbed or self-contained units but shall not be used in lieu of them.

(b) An emergency shower which meets the requirements of section 4 or 9 of ANSI Z358.1-1981, incorporated herein by reference, shall be provided at all work areas where, during routine operations or foreseeable emergencies, area of the body may come into contact with a substance which is corrosive or severely irritating to the skin or which is toxic by skin absorption.

110OSC5112618

MEDICAL SERVICES AND FIRST AID

(c) Location. Emergency eyewash facilities and deluge showers shall be in accessible locations that require no more than 10 seconds for the injured person to reach. If both an eyewash and shower are needed, they shall be located so that both can be used at the same time by one person. The area of the eyewash and shower equipment shall be maintained free of items which obstruct their use.

(d) Performance. Plumbed and self-contained eyewash and shower equipment shall supply potable water at the flow rates and time durations specified in ANSI Z358.1-1981. The control valve shall be designed so that the water flow remains on without requiring the use of the operator’s hands, and so that the valve remains activated until intentionally shut off for all but handheld drench hoses. Personal eyewash units shall deliver potable water or other eye-flushing solution approved by the consulting physician.

(e) Maintenance. Plumbed eyewash and shower equipment shall be activated at least monthly to flush the line and to verify proper operation. Other units shall be maintained in accordance with the manufacturer’s instructions.

111 OSC5112618

MEDICAL SERVICES AND FIRST AID

Introduction to Industrial Hygiene

Standard

Subpart Z: 29 CFR 1910.1000 – 1450

Events vs. Exposures and Safety vs. Health

Industrial Hygiene Definition“That science and art devoted to the anticipation, recognition, evaluation, and control of those environmental factors or stresses arising in or from the workplace, which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among the citizens of the community.”

Types of Health Hazards

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

Three-Step Formula

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

Plus ____________________________________________________________

TOXICITY × EXPOSURE = RISK

Toxicity × EXPOSURE = RiskTOXICITY × Exposure = Risk

112OSC5112618

INTRODUCTION TO INDUSTRIAL HYGIENE

Routes of Entry

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

Natural defenses against health hazards:

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

When natural defenses are not adequate, apply the hierarchy:

a. Engineering controls

b. _______________________ controls

c. _______________________ controls

d. _______________________ __________________ equipment

113 OSC5112618


Different Forms of Air Contaminants A. Particulates 1. Dusts a. Respirable b. _____________ respirable

2. Fumes 3. Mists

B. Gases and vapors: Use units of concentration to measure them.

PPM _________________ _____________ ___________________

Mg/m3 _________________ _____________ ___________________

Fibers per cubic centimeter: Use exposure standards to evaluate them.

1. OSHA’s PEL ______________ ____________ __________

2. ACGIH-TLVs ______________ ____________ __________

3. TWA ______________ ____________ __________

4. STEL—short-term exposure level

5. Ceiling “C”—never to be exceeded

6. Peak—never to exceed

7. When Ceiling and Peak—if >C must be <Peak and are required to comply with margin notes in Table Z2

114OSC5112618


Hazard Communication (Section 5194)

The Hazard Communication Standard

Subpart Z—29 CFR 1910.1200CCR Title 8 Section 5194

About 32 million workers work with and are potentially exposed to one or more chemical hazards … this poses a serious problem …

The Hazard Communication Standard establishes uniform requirements to make sure that the hazards of all chemicals imported into, produced, or used in U.S. workplaces are evaluated, and that this hazard information is transmitted to affected employers and exposed employees. (The basic goal of the hazard standard is to be sure all employers and employees know about work hazards and how to protect themselves …)

The Hazard Communication Standard defines exposure or exposed as an employee who is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, absorption, etc.).

This standard, which was promulgated in November 1983, still results in the greatest number of state and federal citations and penalties. Today, failure to comply can be interpreted as a willful violation—there is no excuse!

Effective DatesThe requirements of this section are intended to be consistent with the provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3.(1) Employers must train employees regarding the new label elements and

safety data sheets format by December 1, 2013. (2) Manufacturers, importers, distributors and employers must be in compliance

with all modified provisions of this section no later than June 1, 2015, except: (A) After December 1, 2015, the distributor must not ship containers

labeled by the manufacturer or importer unless the label has been modified to comply with section 5194(f )(1).

(B) All employers must, as necessary, update any alternative workplace labeling used under section 5194 (f )(6), update the hazard communication program required by section 5194(h)(1), and provide any additional employee training in accordance with section 5194(h)(3) for newly identified physical or health hazards no later than June 1, 2016.

(3) Manufacturers, importers, distributors, and employers may comply with either section 5194 revised as of July 6, 2004, or the current version of this standard, or both during the transition period.

115 OSC5112618

HAzARD COMMUNICATION

The Five Principal Components of the HazCom Standard 1. Chemical inventory—complete and current 2. Labeling program—every container (including pipes) 3. The HazCom Program must be in writing 4. Train all affected employees 5. Safety data sheet (SDS)—complete and current

Questions to Ask• What materials must you include in your chemical inventory?• What materials must you have a SDS for?• How does this affect a multi-employer facility or contractors?• Have you conducted “site-specific” training for all employees (including

temporary, casual or volunteers)?• How long must you keep a SDS when you no longer have or use a material?

Any California facility with even one employee that uses even one hazardous chemical must comply.

Written Plan

Section 5194(e)—Written Hazard Communication (Right-to-Know) Program 1. Employers shall develop, implement, and maintain at the workplace a written

hazard communication program for their employees which at least describes how the criteria specified in section 5194(f ), (g), and (h) for labels and other forms of warning, safety data sheets, and employee information and training will be met …

2. In multi-employer workplaces, the written hazard communication program shall include the methods employers will use to inform any employers sharing the same work area of the hazardous substances to which their employees may be exposed while performing their work, and any suggestions for appropriate protective measures …

116OSC5112618


Training

Section 5194(h)—Employee Information and Training (1) Employers shall provide employees with information and training

on hazardous substances in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area. Information and training may relate to general classes of hazardous chemicals to the extent appropriate and related to reasonably foreseeable exposures of the job.

Safety Data Sheets

Safety Data Sheets (SDSs) will have 16 sections, as follows: 1. Identification 2. Hazard(s) identification 3. Composition/information on ingredients 4. First-aid measures 5. Fire-fighting measures 6. Accidental release measures 7. Handling and storage 8. Exposure controls/personal protection 9. Physical and chemical properties 10. Stability and reactivity 11. Toxicological information 12. Ecological information 13. Disposal considerations 14. Transport information 15. Regulatory information 16. Other information

Note: The SDS must contain Sections 12 through 15 to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies.

117 OSC5112618


Labeling

Label RequirementsLabels will require the following elements:

• Pictogram: A symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Each pictogram consists of a different symbol on a white background within a red square frame set on a point (i.e., a red diamond). [There are nine pictograms under the GHS. However, only eight pictograms are required under the HCS.]

• Signal word: A word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used are “danger” and “warning.” “Danger” is used for the more severe hazards, while “warning” is used for less severe hazards.

• Hazard statement: A statement assigned to a hazard class and category that describes the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard.

• Precautionary statement: A phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling.

118OSC5112618


Pictograms

Format• There are nine pictograms under the GHS to convey the health, physical and

environmental hazards. The final HCS requires eight of these pictograms, the exception being the environmental pictogram, as environmental hazards are not within OSHA’s jurisdiction. The hazard pictograms and their corresponding hazards are shown below:

HCS Pictograms and Hazards

Health Hazard Flame Exclamation Mark

• Carcinogen• Mutagenicity• Reproductive Toxicity• Respiratory Sensitizer• Target Organ Toxicity• Aspiration Toxicity

• Flammables• Pyrophorics• Self-Heating• Emits Flammable Gas• Self-Reactives• Organic Peroxides

• Irritant (Skin and Eye)• Skin Sensitizer• Acute Toxicity (Harmful)• Narcotic Effects• Respiratory Tract Irritant• Hazardous to Ozone Layer

(Nonmandatory)

Gas Cylinder Corrosion Exploding Bomb

• Gases Under Pressure • Skin Corrosion/Burns• Eye Damage• Corrosive to Metals

• Explosives• Self-Reactives• Organic Peroxides

Flame Over Circle Environment (Nonmandatory) Skull and Crossbones

• Oxidizers • Aquatic Toxicity • Acute Toxicity (Fatal or Toxic)

• Pictograms must have red borders• All red borders printed on the label must have a symbol printed inside it

119 OSC5112618


Sample Label

SAMPLE LABEL

PRODUCT IDENTIFIER

CODE ____________________________

Product Name ____________________

SUPPLIER IDENTIFICATION

Company Name __________________

Street Address _____________________

City _______________ State ________

Postal Code ______ Country ________

Emergency Phone Number ___________

PRECAUTIONARY STATEMENTS

Keep container tightly closed. Store in cool, well ventilated place that is locked.Keep away from heat/sparks/open flame. No smoking.Only use non-sparking tools.Use explosion-proof electrical equipment.Take precautionary measure against static discharge.Ground and bond container and receiving equipment.Do not breathe vapors.Wear protective gloves.Do not eat, drink or smoke when using this product.Wash hands thoroughly after handling.Dispose of in accordance with local, regional, national, international regulations as specified.

In Case of Fire: use dry chemical (BC) or Carbon dioxide (CO2) fire extinguisher to extinguish.

First AidIf exposed call Poison Center.If on skin (on hair): Take off immediately any contaminated clothing. Rinse skin with water.

HAZARD PICTOGRAMS

SIGNAL WORD

Danger

HAZARD STATEMENT

Highly flammable liquid and vapor. May cause liver and kidney damage.

SUPPLEMENTAL INFORMATION

Directions for use

____________________________

____________________________

____________________________

Fill weight: ________ Lot Number: ______

Gross weight: ________ Fill Date: ______

Expiration Date: _____________

120OSC5112618


Hazardous Substance InventoryHazardous substances must be identified and inventoried.

Compiling a Hazardous Substance InventoryWhere do you start? The inventory is the first step. Hazardous substances must be identified and inventoried.

As you look at substances and processes in your facility, ask the following questions:

1. Does the product label have the word “Caution,” “Warning” or “Danger”? 2. Is the material labeled as flammable, combustible or ignitable? 3. Will the material burn your eyes or skin? 4. Does the label warn against breathing the fumes directly? 5. Will ingestion of the material cause physical harm? 6. When mixed with another material, could a reaction occur that might harm? 7. Does the manufacturer or distributor have a Safety Data Sheet on

the material? 8. Is it on the list of hazardous substances, Title 8, Section 339, Subpart Z

of 1910, in the 1991 – 1992 issue of ACGIH’s TLVs, NTP or IARC monographs?

If the answer to any of these questions is yes, the chemical or substance should be treated as hazardous.

A hazardous substance inventory may be complied for the entire workplace or for individual work areas. The chemical name should be entered on the inventory. Additional information might be needed, such as the common or trade name, the manufacturer’s product name and the Chemical Abstract Service (CAS) number.

The hazardous substance inventory will become part of your written hazard communication program and must be available to your employees at all times.

121 OSC5112618


Labeling RequirementsAll hazardous substances in any workplace must be labeled, tagged or otherwise marked. The primary container in which a substance is received must have the following information on its label:

• The identity of the hazardous chemical (by either chemical or common name, per the SDS)

• The appropriate hazard warning information• The name and address of the manufacturer

If the substance is transferred to a secondary container, you are required to label this container with the following:

• The identity of the hazardous chemical (by either chemical or common name, per the SDS)

• The appropriate hazard warning information

Three More Key Labeling Requirements 1. The employer shall not remove or intentionally deface existing labels

on incoming containers of hazardous substances, unless the container is immediately marked with the required information.

2. The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

3. Manufacturers, importers, distributors, or employers need not affix new labels to comply with the section if existing labels already convey the required information.

Exceptions to Labeling RequirementsIn the following specific situations, you are not required to meet the above labeling requirements:

• Hazards labeled according to the Consumer Products Safety Commission, or other agency

• Hazards listed in, and labeled in compliance with, the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)

• FIFRA pesticide covered by the EPA• Distilled spirits covered by the ATF• FDA-covered items

122OSC5112618


Checklist for ComplianceCal/OSHA has a checklist for compliance with the Hazard Communication Standard that will help you stay in compliance. You may wish to make up your own checklist for compliance, but make sure you include the following requirements:

• Hazard Classification Section 5194(d)• Written Hazard Communication Program (HCP) Section 5194(e)

Reference Section 1. Subpart Z 1910.1200 and Cal/OSHA 2. Headquarters safety program guidance 3. Trade association or union group HazCom guidance 4. OSHA’s CPL 2-2.38D 5. United Nations’ document entitled “Globally Harmonized System of

Classification and Labeling of Chemicals,” commonly referred to as The Purple Book

123 OSC5112618


Bloodborne Pathogens (Section 5193)

The History of the StandardThe Bloodborne Pathogens (BBP) Standard was promulgated by OSHA in 1990 and became a standard in December 1991. The standard was developed because of concerns about the safety and health of American employees working in a facility where it could be reasonably anticipated that they would incur an occupational exposure to bloodborne pathogens.

Directed initially at the broader health-care industry, the standard’s scope and authority soon included any other industry having employees with the same potential for occupational exposure, such as the hospitality industry (where the housekeeping and laundry staff could experience an occupational exposure) or in the operation of private or municipal sewage treatment facilities. OSHA’s concerns centered on exposure to the hepatitis B virus and later the possibility of exposure to the hepatitis C virus and HIV. Today, even more hepatitis viruses are cause for concern.

29 CFR 1910.1030

CCR Title 8 Section 5193

Scope and ApplicationThis section applies to all occupational exposure to blood or other potentially infectious materials as defined by paragraph (b) of this section.

Occupational exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.

Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written exposure control plan designed to eliminate or minimize employee exposure.

124OSC5112618

BLOODBORNE PATHOGENS

Employers will have two groups of employees that need to be covered by this standard.

1. Primary: • Health-care workers • Law-enforcement and corrections officers • Housekeepers and janitors 2. Collateral: • First aid and CPR responders • Some housekeepers and janitors • Some maintenance workers and supervisors

For employers in the targeted groups, the standard requires understanding and complying with several components.

Those components are as follows:

• Development and implementation of a written exposure control plan (ECP)• Implementation of the concept of universal precautions• Implementation of workplace engineering, administrative and PPE controls• Offering hepatitis B vaccinations on a pre-exposure basis at no cost to

the employee• Thoroughly training all affected employees in the standard and the

facility’s ECP

Those employers with employees who might experience an occupational exposure to bloodborne pathogens as a result of their participation in an emergency first-aid response team, but only as a collateral duty, are still required to comply with the standard.

In the event that a member of the volunteer first-aid team does experience an occupational exposure, the same recordkeeping requirements apply to him or her as to an employer in the health-care industry.

Exposure IncidentExposure incident means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee’s duties.

An exposure incident is very different than occupational exposure.

125 OSC5112618


Exposure Control Plan A. Each employer having an employee(s) with occupational exposure … shall

establish, implement and maintain an effective Exposure Control Plan which is designed to eliminate or minimize employee exposure and which is also consistent with Section 3203.

B. The Exposure Control Plan shall be in writing and shall contain at least the following elements ….

C. Each employer shall ensure that a copy of the Exposure Control Plan is accessible to employees in accordance with Section 3204(e).

D. The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary ….

Exposure Control Plan Elements 1. Exposure determinations 2. The schedule and method of implementation for each of the applicable

subsections of the bloodborne pathogens regulation (8 CCR 5193) 3. Effective procedures for each of the required activities

Methods of Compliance• Universal precautions shall be observed to prevent contact with blood or OPIM.• Engineering and work practice controls shall be used …• Personal protective equipment shall be provided, readily accessible, cleaned,

repaired or replaced, and disposed of at no cost to the employee.• Employers shall ensure that the worksite is maintained in a clean and

sanitary condition. — Use labeled sharps containers for contaminated hard or sharp objects — Use red or labeled bags for other contaminated waste — Use proper controls for contaminated laundry

126OSC5112618


Hepatitis B VaccinationIf you have employees who are designated to render first aid, they are covered by the BBP standard.

Employer Obligations• Hepatitis B vaccination must be offered to all employees who have occupational

exposure to blood or OPIM at no cost to the employee — The employees must first receive training on the hepatitis B vaccine — Exposed personnel must begin the HBV vaccination within 10 days of initial

assignment, have previously received the complete HBV series or decline• If the employee refuses the vaccination, he or she must sign the statement in

Appendix A of 5193. This form must be kept on file.• If the employee initially refuses to accept the HBV vaccine, that employee may

ask for it to be given later. If so, the employer is obligated to pay for the series.• The employer must pay for the HBV vaccination for employees whose job

duties require them to render first aid. Only those designated first-aid providers who provide first aid as a primary job duty must be provided pre-exposure vaccination.

Employer Responsibilities for Post-Exposure TestingCal/OSHA requires more post-exposure testing and follow-up than any other state. This includes a requirement for the employer to pay for any testing that may be recommended by the U.S. Public Health Service, even if USPHS does not require it.

Communication of HazardsHow do you communicate the hazards of bloodborne pathogens?

• Signs, labels and symbols must be used• All employees with exposure must be trained

127 OSC5112618


Training• Annual training must be provided to exposed employees• Training must include information on: — Bloodborne diseases and how they are spread — The facility’s exposure control plan — Engineering and work practice controls — Personal protective equipment and how to use it — Hepatitis B vaccine, exposure, evaluation and follow-up — How to respond to emergencies involving blood — Signs and labels used for warning and their meaning

Record keeping• The employer must keep confidential records regarding HBV vaccinations

and tests• The employer must keep all training records required by this standard for

three years• All other records required by this standard must be kept for the employee’s term

of employment plus 30 years

Note: OSHA has developed a sample ECP for employers with collateral duty jobs.

128OSC5112618


Cal/OSHA Bloodborne PathogensThe final rule proposal for revisions to Title 8, Section 5193, adopted by the Cal/OSHA Standards Board, took effect July 30, 1999.

The Major California Revisions—Differences From the OSHA Bloodborne Pathogens Standard• Requirements to use “needleless systems, needle devices with engineered

sharps injury protection, and non-needle sharps with engineered sharps injury protection”

• A requirement of keeping a Sharps Injury Log• Eight additional items of information pertaining to the circumstances under

which a logged sharps injury occurred, which must be included in the Sharps Injury Log

• A series of requirements that are related to the new provisions, described above, and improve the effectiveness of the exposure control plan

• The addition of hepatitis C, or “HCV,” as a specifically identified bloodborne pathogen wherever HIV and HBV are mentioned in the regulation

• A substantial reorganization of subsection (d) of the bloodborne pathogens standard, which contains all of the requirements for engineering, work practice and PPE control measures

Below is an abbreviated text of the California standard. NOTE: A copy of the final rule can be accessed at www.dir.ca.gov/OSHSB/appbloodborne.html.

(a) Scope and application. This section applies to all occupational exposure to blood or other potentially infectious materials as defined by subsection (b) of this section.

EXCEPTION: This regulation does not apply to the construction industry.(b) Definitions. (See regulatory text)(c) Exposure Response, Prevention and Control (A) Implement and maintain an effective written Exposure Control Plan,

containing the following elements: 1. Exposure determination 2. The schedule and method of implementation for each of the

applicable subsections 3. Procedure for evaluating the circumstances surrounding

exposure incidents 4. Procedure for gathering the information required by the Sharps

Injury Log 5. Procedure for periodic determination of the frequency of use of

the types and brands of sharps involved in the exposure incidents documented on the Sharps Injury Log

129 OSC5112618


6. Procedure for identifying and selecting currently available engineering controls

7. Procedure for documenting patient safety determinations 8. Procedure for obtaining the active involvement of employees in

reviewing and updating the exposure control plan

Each employer shall ensure that a copy of the exposure control plan is accessible to employees and that the exposure control plan is reviewed and updated at least annually and whenever necessary. The exposure control plan must be made available to the chief or NIOSH or their respective designee upon request for examination and copying.

(2) Sharps Injury Log • The exposure incident shall be recorded on the log within 14 working

days of the date the incident is reported to the employer. • Recordkeeping. The Sharps Injury Log shall be maintained 5 years

from the date the exposure incident occurred. The Sharps Injury Log information must include: (A) Date and time of the exposure incident (B) Type and brand of sharp involved in the exposure incident (C) A description of the exposure incident, including: 1. Job classification of the exposed employee 2. Department or work area 3. The procedure that the employee was performing 4. How the incident occurred 5. The body part involved 6. If the sharp had engineered sharps injury protection, whether

the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism, if applicable

7. If the sharp had no engineered sharps injury protection, the injured employee’s opinion as to whether and how such a mechanism could have prevented the injury

8. The employee’s opinion about whether any engineering, administrative or work practice control could have prevented the injury

130OSC5112618


(3) Exposure Determination 1. A list of all job classifications in which all employees in those job

classifications have occupational exposure 2. A list of job classifications in which some employees have

occupational exposure 3. A list of all tasks and procedures with some occupational exposure(d) Methods of Compliance (1) Universal precautions (2) Engineering and work practice controls (3)(A) Needleless systems, needle devices and non-needle sharps 1. Needleless systems shall be used for: a. Withdrawal of body fluids after initial venous or arterial access

is established b. Administration of medications or fluids c. Any other procedure involving the potential for an exposure

incident for which a needleless system is available as an alternative to the use of needle devices

2. Needle Devices. If needleless systems are not used, needles with engineered sharps injury protection shall be used for:

a. Withdrawal of body fluids b. Accessing a vein or artery c. Administration of medications of fluids d. Any other procedure involving the potential for an exposure

incident for which a needle device with engineered sharps injury protection is available

3. Non-Needle Sharps. If sharps other than needle devices are used, these items shall include engineered sharps injury protection

4. EXCEPTIONS: Needleless systems, needle devices, and non-needle sharps

The following four exceptions apply: a. Market availability: The engineering control is not required if it

is not available in the marketplace. b. Patient safety: The engineering control is not required if use of

that control will jeopardize the patient’s safety or the success of a medical, dental, or nursing procedure.

c. Safety performance: The engineering control is not required if the control is not more effective in preventing exposure incidents than an alternative used by the employer.

131 OSC5112618


d. Availability of safety performance information: The engineering control is not required if the employer can demonstrate that reasonably specific and reliable information is not available on the safety performance of the engineering control for the employer’s procedures, and that the employer is actively determining by means of objective product evaluation criteria whether use of the engineering control will reduce the risk of exposure incidents occurring in the employer’s workplace.

(e) HIV, HBV and HCV Research Laboratories and Production Facilities 1. Applies to research laboratories and production facilities engaged in the

culture, production, concentration, experimentation, and manipulation of HIV, HBV and HCV

2. Research laboratories and production facilities shall meet the following additional requirements:

• Standard Microbiological Practices • Special Practices • Containment Equipment • Additional Training Requirements(f ) Hepatitis B Vaccination and Bloodborne Pathogens Post-exposure

Evaluation and Follow-up — Hepatitis B vaccination — Post-exposure evaluation and follow-up — Information provided by health-care professional (HCP) — HCP written opinion — Medical recordkeeping(g) Communication of Hazards to Employees — Labels — Signs — Information and training(h) Recordkeeping — Medical records — Training records — Sharp Injury Log (maintain five years) — Record availability

132OSC5112618


Notes

133 OSC5112618


Subpart N: Materials Handling and Storage (29 CFR 1910.176 – 184)This subpart deals with moving and storing items in the workplace. Its primary focus is on the equipment used to move materials, such as forklifts, cranes, derricks, hoists, etc. Also covered is the associated apparatus, such as chains, rope, wire rope, slings, hooks, etc.

1910.176(a)—Use of Mechanical EquipmentWhere mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept clear and in good repair, with no obstruction across or in aisles that could create a hazard. Permanent aisles and passageways shall be appropriately marked.

1910.176(b)—Secure StorageStorage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.

1910.176(c)—HousekeepingStorage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control will be exercised when necessary.

1910.176(e)—Clearance LimitsClearance signs to warn of clearance limits shall be provided.

1910.176(f)—Rolling Railroad CarsDerail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could contact other cars being worked, enter a building, work or traffic area.

1910.176(g)—GuardingCovers and/or guardrails shall be provided to protect personnel from the hazards of open pits, tanks, vats, ditches, etc.

134OSC5112618

MATERIALS HANDLING

This subpart is full of inspection.

1910.184(d)—InspectionsEach day before being used, the sling and all fastenings and attachments shall be inspected for damage or defects by a competent person designated by the employer. Additional inspections shall be performed during sling use, where service conditions warrant. Damaged or defective slings shall be immediately removed from service.

1910.178(p)(1)If at any time a powered industrial truck is found to be in need of repair, defective, or in any way unsafe, the truck shall be taken out of service until it has been restored to safe operating condition.

1910.178(q)(7)Industrial trucks shall be examined before being placed in service, and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination shall be made at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects when found shall be immediately reported and corrected.

1910.179(j)(1)(i)—Initial InspectionPrior to initial use all new and altered cranes shall be inspected to insure compliance with the provisions of this section.

1910.179(j)(1)(ii) Inspection procedure for cranes in regular service is divided into two general classifications based upon the intervals at which inspection should be performed. The intervals in turn are dependent upon the nature of the critical components of the crane and the degree of their exposure to wear, deterioration, or malfunction. The two general classifications are herein designated as “frequent” and “periodic” with respective intervals between inspections as defined below:

1910.179(j)(1)(ii)(a) Frequent inspection—Daily to monthly intervals

135 OSC5112618

MATERIALS HANDLING

1910.179(j)(1)(ii)(b) Periodic inspection: One- to 12-month intervals

1910.179(j)(2) Frequent inspection: The following items shall be inspected for defects at intervals as defined in paragraph (j)(1)(ii) of this section or as specifically indicated, including observation during operation for any defects which might appear between regular inspections. All deficiencies such as listed shall be carefully examined and determination made as to whether they constitute a safety hazard.

1910.179(j)(2)(i) All functional operating mechanisms for maladjustment interfering with proper operation. Daily.

1910.179(j)(2)(ii) Deterioration or leakage in lines, tanks, valves, drain pumps, and other parts of air or hydraulic systems. Daily.

1910.179(j)(2)(iii) Hooks with deformation or cracks. Visual inspection daily; monthly inspection with a certification record which includes the date of inspection, the signature of the person who performed the inspection and the serial number, or other identifier, of the hook inspected. For hooks with cracks or having more than 15 percent in excess of normal throat opening or more than 10° twist from the plane of the unbent hook refer to paragraph (l)(3)(iii)(a) of this section.

1910.179(j)(2)(iv) Hoist chains, including end connections, for excessive wear, twist, distorted links interfering with proper function, or stretch beyond manufacturer’s recommendations. Visual inspection daily; monthly inspection with a certification record which includes the date of inspection, the signature of the person who performed the inspection and an identifier of the chain which was inspected.

136OSC5112618

MATERIALS HANDLING

1910.184(c)—Slings

Safe operating practicesWhenever any sling is used, the following practices shall be observed:

• Slings that are damaged or defective shall not be used.• Slings shall not be shortened with knots or bolts or other makeshift devices.• Sling legs shall not be kinked.• Slings shall not be loaded in excess of their rated capacities.• Slings used in a basket hitch shall have the loads balanced to prevent slippage.• Slings shall be securely attached to their loads.• Slings shall be padded or protected from the sharp edges of their loads.• Suspended loads shall be kept clear of all obstructions.• All employees shall be kept clear of loads about to be lifted and of

suspended loads.• Hands or fingers shall not be placed between the sling and its load while the

sling is being tightened around the load.• Shock loading is prohibited.• A sling shall not be pulled from under a load when the load is resting on

the sling.• Employers must not load a sling in excess of its recommended safe working

load as prescribed by the sling manufacturer on the identification markings permanently affixed to the sling.

• Employers must not use slings without affixed and legible identification markings.

1910.184(e)(1)—Alloy Steel Chain SlingsSling identification. Alloy steel chain slings shall have permanently affixed durable identification stating size, grade, rated capacity, and reach.

1910.184(e)(2)—Attachments

1910.184(e)(2)(i) Hooks, rings, oblong links, pear-shaped links, welded or mechanical coupling links or other attachments shall have a rated capacity at least equal to that of the alloy steel chain with which they are used or the sling shall not be used in excess of the rated capacity of the weakest component.

137 OSC5112618

MATERIALS HANDLING

1910.184(e)(2)(ii) Makeshift links or fasteners formed from bolts or rods, or other such attachments, shall not be used.

1910.184(e)(3)—Inspections

1910.184(e)(3)(i) In addition to the inspection required by paragraph (d) of this section, a thorough periodic inspection of alloy steel chain slings in use shall be made on a regular basis, to be determined on the basis of (A) frequency of sling use; (B) severity of service conditions; (C) nature of lifts being made; and (D) experience gained on the service life of slings used in similar circumstances. Such inspections shall in no event be at intervals greater than once every 12 months.

1910.184(e)(3)(ii) The employer shall make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected, and shall make such record available for examination.

1910.184(e)(3)(iii) The thorough inspection of alloy steel chain slings shall be performed by a competent person designated by the employer, and shall include a thorough inspection for wear, defective welds, deformation and increase in length. Where such defects or deterioration are present, the sling shall be immediately removed from service.

29 CFR 1910.178—Powered Industrial TrucksThis section of the standard does not apply to compressed air or nonflammable compressed gas-operated industrial trucks, farm vehicles, earth-moving equipment, or over-the-road hauling.

The standard establishes safety requirements pertaining to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electrical motors or internal combustion engines.

138OSC5112618

MATERIALS HANDLING

Before Moving, Handling and Storing Materials, Train WorkersIn addition to training and education, applying general safety principles—such as proper work practices, equipment and controls—can help reduce workplace accidents involving the moving, handling and storing of materials. Whether moving materials manually or mechanically, your employees should know and understand the potential hazards associated with the task at hand and how to control their workplaces to minimize the danger.

Because numerous injuries can result from improperly handling and storing materials, workers should also be aware of accidents that may result from the unsafe or improper handling of equipment as well as from improper work practices. In addition, workers should be able to recognize the methods for eliminating—or at least minimizing—the occurrence of such accidents. Employers and employees should examine their workplaces to detect any unsafe or unhealthful conditions, practices or equipment and take corrective action.

Potential Hazards for WorkersWorkers frequently cite the weight and bulkiness of objects that they lift as major contributing factors to their injuries. In 1999, for example, more than 420,000 workplace accidents resulted in back injuries. Bending, followed by twisting and turning, were the more commonly cited movements that caused back injuries.

Other hazards include falling objects, improperly stacked materials and various types of equipment. You should make your employees aware of potential injuries that can occur when manually moving materials, including the following:

• Strains and sprains from lifting loads improperly or from carrying loads that are either too large or too heavy

• Fractures and bruises caused by being struck by materials or by being caught in pinch points

• Cuts and bruises caused by falling materials that have been improperly stored or by incorrectly cutting ties or other securing devices

139 OSC5112618

MATERIALS HANDLING

Precautions to Take When Moving Materials ManuallyWhen moving materials manually, workers should attach handles or holders to loads. In addition, workers should always wear appropriate personal protective equipment and use proper lifting techniques. To prevent injury from oversize loads, workers should seek help in the following:

• When a load is so bulky that employees cannot properly grasp or lift it• When employees cannot see around or over a load• When employees cannot safely handle a load

Using the following personal protective equipment prevents needless injuries when manually moving materials:

• Hand and forearm protection, such as gloves, for loads with sharp or rough edges

• Eye protection• Steel-toed safety shoes or boots• Metal, fiber or plastic metatarsal guards to protect the instep area from impact

or compression

Employees should use blocking materials to manage loads safely. Workers should also be cautious when placing blocks under a raised load to ensure that the load is not released before removing their hands from under the load. Blocking materials and timbers should be large and strong enough to support the load safely. In addition to materials with cracks, workers should not use materials with rounded corners, splintered pieces or dry rot for blocking.

140OSC5112618

MATERIALS HANDLING

Precautions to Take When Moving Materials MechanicallyUsing mechanical equipment to move and store materials increases the potential for employee injuries. Workers must be aware of both manual handling safety concerns and safe equipment operating techniques. Employees should avoid overloading equipment when moving materials mechanically by letting the weight, size and shape of the material being moved dictate the type of equipment used. All materials handling equipment has rated capacities that determine the maximum weight the equipment can safely handle and the conditions under which it can handle that weight. Employers must ensure that the equipment-rated capacity is displayed on each piece of equipment and is not exceeded except for load testing.

Although workers may be knowledgeable about powered equipment, they should take precautions when stacking and storing material. When picking up items with a powered industrial truck, workers must do the following:

• Center the load on the forks as close to the mast as possible to minimize the potential for the truck tipping or the load falling

• Avoid overloading a lift truck because it impairs control and causes tipping over• Do not place extra weight on the rear of a counterbalanced forklift to allow

an overload• Adjust the load to the lowest position when traveling• Follow the truck manufacturer’s operational requirements• Pile and cross-tier all stacked loads correctly when possible

Storage Hazard PrecautionsStored materials must not create a hazard for employees. Employers should make workers aware of such factors as the materials’ height and weight, how accessible the stored materials are to the user and the condition of the containers where the materials are being stored when stacking and piling materials. To prevent creating hazards when storing materials, employers must do the following:

• Keep storage areas free from accumulated materials that cause tripping, fires or explosions, or that may contribute to the harboring of rats and other pests

• Place stored materials inside buildings that are under construction and at least 6 feet from hoist ways or inside floor openings and at least 10 feet away from exterior walls

• Separate noncompatible material• Equip employees who work on stored grain in silos, hoppers or tanks with

lifelines and safety belts

In addition, workers should consider placing bound material on racks, and secure it by stacking, blocking or interlocking to prevent it from sliding, falling or collapsing.

141 OSC5112618

MATERIALS HANDLING

Safeguards When Stacking MaterialsStacking materials can be dangerous if workers do not follow safety guidelines. Falling materials and collapsing loads can crush or pin workers, causing injuries or death. To help prevent injuries when stacking materials, workers must do the following:

• Stack lumber no more than 16 feet high if it is handled manually, and no more than 20 feet if using a forklift

• Remove all nails from used lumber before stacking• Stack and level lumber on solidly supported bracing• Ensure that stacks are stable and self-supporting• Do not store pipes and bars in racks that face main aisles to avoid creating a

hazard to passersby when removing supplies• Stack bags and bundles in interlocking rows to keep them secure• Stack bagged material by stepping back the layers and cross-keying the bags

at least every ten layers (to remove bags from the stack, start from the top row first)

During materials stacking activities, workers must also do the following:

• Store baled paper and rags inside a building no closer than 18 inches to the walls, partitions or sprinkler heads

• Band boxed materials or secure them with cross-ties or shrink plastic fiber• Stack drums, barrels and kegs symmetrically• Block the bottom tiers of drums, barrels and kegs to keep them from rolling if

stored on their sides• Place planks, sheets of plywood dunnage or pallets between each tier of drums,

barrels and kegs to make a firm, flat, stacking surface when stacking on end• Chock the bottom tier of drums, barrels and kegs on each side to prevent

shifting in either direction when stacking two or more tiers high• Stack and block poles as well as structural steel, bar stock and other cylindrical

materials to prevent spreading or tilting unless they are in racks

In addition, workers should do the following:

• Paint walls or posts with stripes to indicate maximum stacking heights for quick reference

• Observe height limitations when stacking materials• Consider the need for availability of the material• Stack loose bricks no more than 7 feet in height. (When these stacks reach a

height of 4 feet, taper them back 2 inches for every foot of height above the 4-foot level. When masonry blocks are stacked higher than 6 feet, taper the stacks back one-half block for each tier above the 6-foot level.)

142OSC5112618

MATERIALS HANDLING

Powered Industrial Trucks

Powered Industrial Trucks (PITs)CCR Title 8 Group 4—General Mobile Equipment and Auxiliaries29 CFR 1910.178—Powered Industrial Trucks

Section 3650(t)(7)Drivers shall check the vehicle at the beginning of each shift, and if it is found to be unsafe, the matter shall be reported immediately to a foreman or mechanic, and the vehicle shall not be put in service again until it has been made safe. Attention shall be given to the proper functioning of tires, horn, lights, battery, controller, brakes, steering mechanism, cooling system, and the lift system for fork lifts (forks, chains, cable, and limit switches).

Industrial Trucks—Section 3649This section of the standard does not apply to compressed air or nonflammable compressed gas-operated industrial trucks, farm vehicles, earth-moving equipment or over-the-road hauling.

The standard establishes safety requirements pertaining to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks and other specialized industrial trucks powered by electrical motors or internal combustion engines.

143 OSC5112618

MATERIALS HANDLING

Elements of the Powered Industrial Truck Standard 1. Designations 2. Designated locations 3. Converted industrial trucks 4. Safety guards 5. Fuel handling and storage 6. Changing and charging storage batteries 7. Lighting for operating areas 8. Control of noxious gases and fumes 9. Dock boards 10. Trucks and railroad cars (loading/unloading) 11. Operator training 12. Truck operations 13. Traveling 14. Loading

144OSC5112618

MATERIALS HANDLING

Powered Industrial Truck Training Requirements (Section 3664)The training requirements for the powered industrial truck operator are performance-oriented to permit employers to tailor a training program to the characteristics of their workplaces and the particular types of powered industrial trucks operated.

Operator Training

Safe Operation 1. The employer shall ensure that each powered industrial truck operator is

competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in [the OSHA standard].

2. Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer shall ensure that each operator has successfully completed the required training [or previously received appropriate training].

Methods of TrainingTraining must consist of a combination of formal instruction and practical training. Using both methods is the only way to ensure the trainee receives and comprehends the instruction and that the trainee uses the information to safely operate a powered industrial truck. (Note that the formal training need not take place in a classroom.) Discussions can consist of the trainer talking to the trainee and explaining the training material in the workplace or in another location. The training must, however, include an explanatory element as well as a practical element.

145 OSC5112618

MATERIALS HANDLING

Training Program Content—Section 3668Powered industrial truck operators must receive initial training on the following topics, except in topics which the employer can demonstrate are not applicable to safe operation of the truck in the employer’s workplace:

1. Truck-related topics 2. Workplace-related topics 3. The requirements of the standard 4. Operating instructions, warnings and precautions 5. Differences from automobile 6. Controls and instrumentation 7. Engine or motor operation 8. Steering and maneuvering 9. Visibility 10. Attachment adaptation, operation, and use 11. Vehicle capacity and stability 12. Vehicle inspection and maintenance that the operator will be required

to perform 13. Refueling and/or charging and recharging batteries 14. Operating limitations 15. Other instructions 16. Composition and stability of loads 17. Load manipulation, stacking, and unstacking 18. Pedestrian traffic 19. Narrow aisles and restricted areas 20. Operating in hazardous (classified) locations 21. Operating on ramps and sloped surfaces 22. Potentially hazardous environment conditions 23. Operating in closed environments or other areas where poor ventilation or

maintenance could cause carbon monoxide or diesel exhaust buildup

146OSC5112618

MATERIALS HANDLING

How Do I Develop a Powered Industrial Operator Training Program?Before developing an operator training program, become familiar with the OSHA standard for powered industrial trucks (PITs) and any operator’s manuals pertinent to the equipment in the workplace.

Identify OperatorsFirst, determine the employees who will be required to operate PITs in the workplace. If an employee has other duties but sometimes operates a PIT, training must be provided.

Next, identify the types of PITs in the workplace. Many different types of PITs exist. Typically, they are known as forklifts or lift trucks. Some types of trucks are not capable of being ridden by the operator; they are also covered by the OSHA standard, and training is required. Some trucks are fitted with attachments purchased from the manufacturer. The use of these attachments may affect the manner in which the truck is handled. Therefore, training on the use of the attachment would also be required. If employees will be expected to operate several different types of powered industrial trucks, training is required on the unique handling characteristics of each of the vehicles.

The following is an outline of a generic powered industrial truck operator training program.

1. Characteristics of the powered industrial truck(s) the employee will be allowed to operate:

a. Differences from the automobile; b. Controls and instrumentation: location, what they do, and how they work; c. Engine or motor operation; d. Steering and maneuvering; e. Visibility; f. Fork and/or attachment adaptation, operation, and limitations of their use; g. Vehicle capacity; h. Vehicle stability; i. Vehicle inspection and maintenance the operator will be required

to perform; j. Refueling, or charging and recharging batteries; k. Operating limitations; and l. Any other operating instruction, warning, or precaution listed in the

operator’s manual for the type of vehicle the employee is being trained to operate.

147 OSC5112618

MATERIALS HANDLING

2. The operating environment: a. Floor surfaces and/or ground conditions where the vehicles will

be operated; b. Composition of probable loads and load stability; c. Load manipulation, stacking, unstacking; d. Pedestrian traffic; e. Narrow aisle and restricted place operation; f. Operating in classified hazardous locations; g. Operating the truck on ramps and other sloped surfaces that would affect

the stability of the vehicle; h. Other unique or potentially hazardous environmental conditions that exist

or may exist in the workplace; and i. Operating the vehicle in closed environments and other areas where

insufficient ventilation and/or poor vehicle maintenance could cause a buildup of carbon monoxide or diesel exhaust.

3. The requirements of the OSHA Standard.

Posting RequirementsIf you have powered industrial trucks in operation at your facility, you must post employee operating instructions (S-504 poster) in the work area.

Prohibited ActivitiesSection 3664 points out prohibited activities such as stunt driving, allowing riders on the forks and speeding.

Inspection and Maintenance RequirementsRequirements include inspecting the truck daily or before each shift and taking it out of service if it needs repair.

148OSC5112618

MATERIALS HANDLING

Training RequirementsAccording to paragraph (a)(1) of the standard, operators must be trained. This section describes the requirements for a training program that includes formal instruction, practical training, and evaluation of the operator’s performance in the workplace. Evaluations must be done every three years.

Phases of Forklift Training • Formal instruction• Practical training• Evaluation of the operator’s performance in the workplace

Training Program Content• Truck-related topics (operation, fuel source, capacities, etc.)• Workplace-related topics (surface conditions, pedestrians, hazardous

locations, etc.)

Refresher training is required when:• The operator is observed operating the vehicle in an unsafe manner• The operator had an accident or near miss• Evaluation of the operator verifies unsafe operation• The operator is assigned to a different type of truck• A condition in the workplace changes in a manner that could affect safe

operation of the truck

149 OSC5112618

MATERIALS HANDLING

OperationOperators have to be aware of workplace conditions that can affect the safe operation of forklifts, including pedestrian traffic. If there are changes in the equipment or workplace conditions, more training may be required.

Operators must stay within 25 feet of sight of the truck while it’s running.

Employee Operating Instructions 1. Securely fasten your seat belt if the tractor has an ROPS. 2. Where possible, avoid operating the tractor near ditches, embankments,

and holes. 3. Reduce speed when turning, crossing slopes, and on rough, slick, or

muddy surfaces. 4. Stay off slopes too steep for safe operation. 5. Watch where you are going, especially at row ends, on roads, and

around trees. 6. Do not permit others to ride. 7. Operate the tractor smoothly — no jerky turns, starts, or stops. 8. Hitch only to the drawbar and hitch points recommended by

tractor manufacturers. 9. When the tractor is stopped, set the brakes securely and use park lock

if available.

Operating Rules for Powered Industrial Trucks

Section 3664Every employer using industrial trucks or industrial tow tractors shall post and enforce a set of operating rules including the appropriate rules listed in Section 3650(t).

1. Only drivers authorized by the employer and trained in the safe operations of industrial trucks or industrial tow tractors pursuant to Section 3668 shall be permitted to operate such vehicles.

2. Stunt driving and horseplay are prohibited. 3. No riders shall be permitted on vehicles unless provided with adequate

riding facilities. 4. Employees shall not ride on the fork of lift trucks. 5. Employees shall not place any part of their bodies outside the running lines

of an industrial truck or between mast uprights or other parts of the truck where shear or crushing hazards exist.

150OSC5112618

MATERIALS HANDLING

6. Employees shall not be allowed to stand, pass, or work under the elevated portion of any industrial truck, loaded or empty, unless it is effectively blocked to prevent it from falling.

7. Drivers shall check the vehicle at the beginning of each shift, and if it is found to be unsafe, the matter shall be reported immediately to a foreman or mechanic, and the vehicle shall not be put in service again until it has been made safe. Attention shall be given to the proper functioning of tires, horn, lights, battery, controller, brakes, steering mechanism, cooling system, and the lift system for forklifts (fork, chains, cable, and limit switches).

8. No truck shall be operated with a leak in the fuel system. 9. Vehicles shall not exceed the authorized or safe speed, always maintaining a

safe distance from other vehicles, keeping the truck under positive control at all times and all established traffic regulations shall be observed. For trucks traveling in the same direction, a safe distance may be considered to be approximately 3 truck lengths or preferably a time lapse [3 seconds] passing the same point.

10. Trucks traveling in the same direction shall not be passed at intersections, blind spots, or dangerous locations.

11. The driver shall slow down and sound the horn at cross aisles and other locations where vision is obstructed. If the load being carried obstructs forward view, the driver shall be required to travel with the load trailing.

12. Operators shall look in the direction of travel and shall not move a vehicle until certain that all persons are in the clear.

13. Trucks shall not be driven up to anyone standing in front of a bench or other fixed object of such size that the person could be caught between the truck and object.

14. Grades shall be ascended or descended slowly. A. When ascending or descending grades in excess of 10 percent, loaded

trucks shall be driven with the load upgrade. B. On all grades the load and load engaging means shall be tilted back if

applicable, and raised only as far as necessary to clear the road surface. C. Motorized hand and hand/rider trucks shall be operated on all grades

with the load-engaging means downgrade. 15. The forks shall always be carried as low as possible, consistent with

safe operations.

151 OSC5112618

MATERIALS HANDLING

Compressed Gases 1910.101

General requirementsInspection 1910.101(a)—“Inspection of compressed gas cylinders.” Each employer shall determine that compressed gas cylinders under his control are in a safe condition to the extent that this can be determined by visual inspection. Visual and other inspections shall be conducted as prescribed in the Hazardous Materials Regulations of the Department of Transportation (49 CFR parts 171-179 and 14 CFR part 103). Where those regulations are not applicable, visual and other inspections shall be conducted in accordance with Compressed Gas Association Pamphlets C-6-1968 and C-8-1962, which is incorporated by reference as specified in Sec. 1910.6.

Handling and Use 1910.101(b)—“Compressed gases.” The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks shall be in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in Sec. 1910.6.

Safety Relief Devices 1910.101(c)—“Safety relief devices for compressed gas containers.” Compressed gas cylinders, portable tanks, and cargo tanks shall have pressure relief devices installed and maintained in accordance with Compressed Gas Association Pamphlets S-1.1-1963 and 1965 addenda and S-1.2-1963, which is incorporated by reference as specified in Sec. 1910.6.

Hazard Evaluation and Control—Compressed Gases Self-inspection ChecklistThis checklist covers regulations issued by the U.S. Department of Labor, OSHA under the General Industry standard 29 CFR 1910.101. It applies to the handling, storage and use of compressed gases in cylinders or portable tanks. The regulations cited apply only to private employers and their employees, unless adopted by a state agency and applied to other groups such as public employees.

1. Are cylinders stored in upright positions and immobilized by chains or other means to prevent them from being knocked over?

2. Are cylinders stored away from highly flammable substances such as oil, gasoline or waste?

3. Are cylinders stored away from electrical connections, gas flames or other sources of ignition and substances such as flammable solvents and combustible waste material?

152OSC5112618

HAzARDOUS MATERIALS

4. Are flammable gases separated from oxidizing gases in storage areas? Note: Acetylene and propane cylinders should be separated from oxygen

cylinders when not in use. 5. Are oxygen and fuel gas cylinders separated by a minimum of 20 feet when

in storage? Note: A fire-resistant partition between the cylinders can also be used. 6. Are storage rooms for cylinders dry, cool and well-ventilated? Note: The storage rooms should be fire resistant and the storage should

not be in subsurface locations. Cylinders should be stored in secure areas at temperatures below 125ºF, away from radiators or other sources of heat.

7. Are cylinders stored away from incompatibles, excessive heat, continuous dampness, salt or other corrosive chemicals and any areas that may subject them to damage?

Note: Rusting will damage the cylinder and may cause the valve protection cap to stick.

8. Is the storage area permanently posted with the names of the gases stored in the cylinders?

9. Do all compressed gas cylinders have their contents and precautionary labeling clearly marked on their exteriors?

10. Are all compressed gas cylinder valve covers in place when cylinders are not in use?

11. Are all compressed gas cylinders stored so they do not interfere with exit paths?

12. Are all compressed gas cylinders subjected to periodic hydrostatic testing and interior inspection?

13. Do all compressed gas cylinders have safety pressure relief valves? 14. Are cylinders always maintained at temperatures below 125ºF? Note: A flame should never come in contact with any part of a compressed

gas cylinder. 15. Are safety relief devices in the valve or on the cylinder free from any

indication of tampering? 16. Is repair or alteration to the cylinder, valve or safety relief devices prohibited? Note: All alterations and repairs to the cylinder and valve must be made

by the compressed gas vendor. Modification of safety relief devices beyond the tank or regulator should only be made by a competent person appointed by management.

17. Is painting cylinders without authorization by the owner prohibited? Note: Often color codes are used to help designate cylinders. Arbitrary paint

is not recommended. 18. Are charged or full cylinders labeled and stored away from empty cylinders? 19. Is the bottom of the cylinder protected from the ground to prevent rusting?

153 OSC5112618

HAzARDOUS MATERIALS

20. Are all compressed gas cylinders regularly inspected for corrosion, pitting, cuts, gouges, digs, bulges, neck defects and general distortion?

21. Are cylinder valves closed at all times, except when the valve is in use? 22. Are compressed gas cylinders always moved, even short distances, by a

suitable hand truck? Note: They must never be dragged across the floor. Serious accidents have

occurred when a cylinder with a regulator in place was improperly moved. The cylinder fell, causing the regulator to shear off, and the cylinder rocketed through several brick walls.

23. Is using wrenches or other tools for opening and closing valves prohibited? Note: Hammering on valve wheels to open them should be strictly

prohibited. For valves that are hard to open, contact the supplier for instruction.

24. Are suitable pressure regulating devices in use whenever the gas is emitted to systems with pressure-rated limitations lower than the cylinder pressure?

25. Are all compressed gas cylinder connections such as pressure regulators, manifolds, hoses, gauges and relief valves checked for integrity and tightness?

26. Are all compressed gas cylinders regularly subjected to leak detection using an approved leak-detecting liquid?

27. Is an approved leak-detection liquid used to detect flammable gas leaks? Note: A flame should never be used. 28. Are procedures established for when a compressed gas cylinder leak cannot

be remedied by simply tightening the valve? The procedures should include the following: 1. Attach tag to the cylinder stating it is unserviceable 2. Remove cylinder to a well-ventilated, out-of-doors location 3. If the gas is flammable or toxic, place an appropriate sign at the cylinder

warning of these hazards 4. Notify the gas supplier and follow his/her instructions as to the return of

the cylinder29. Are students/employees prohibited from using compressed gases (air) to

clean clothing or work surfaces? 30. Are compressed gases only handled by experienced and properly

trained people?

154OSC5112618

HAzARDOUS MATERIALS

Flammable and Combustible Liquids 1910.106This standard applies to the handling, storage and use of combustible and flammable liquids. Combustible liquids are defined as “any liquid having a flashpoint at or above 100 degrees F (37.8 degrees C).” Flammable liquids are defined as “any liquid with a flashpoint at or below 199.4 degrees F (93 degrees C).”

There are two primary hazards associated with flammable liquids: Explosion and fire. In order to prevent these hazards, this standard addresses the primary concern of design and construction, ventilation, ignition sources and storage.

Ways to Avoid Explosion or Fire 1. Practice safe handling, storage, fire control and ventilation 2. Ensure flammables are properly stored 3. Always handle and transfer flammable liquids using proper containers or

through proper transfer systems that employ a safety faucet, a safety pump or a closed piping system

Potential Sources of Ignition• Open flames • Smoking • Static electricity • Cutting and welding • Hot surfaces • Electrical and mechanical sparks • Lightning

155 OSC5112618

HAzARDOUS MATERIALS

Safe Actions to Take When Using Flammable Liquids 1. Control the ignition sources a. Identify sources of ignition b. Use bonding and grounding when transferring flammable liquids into/

from containers c. Provide adequate ventilation to reduce the potential for ignition

2. Store items properly a. Identify compatible chemicals b. Isolate and separate incompatible materials c. Ensure storage doesn’t limit safe egress d. Store in proper area, cabinet or container e. Label storage areas/cabinets f. Store waste and residue in covered containers and dispose of daily

3. Control the risk of fire a. Ensure proper hoses, fire extinguishers or other fire control devices are

available where flammable liquids are stored b. Do not permit flames or smoking in areas where flammable liquids

are stored c. Store materials that react with water in a room separate from

flammable liquids

4. Safely handle materials a. Carefully read the manufacturer’s label on the flammable liquid container

before storing or using it b. Practice good housekeeping in flammable liquid storage areas c. Clean up spills immediately, and then place the cleanup rags in a covered

metal container d. Only use approved metal safety containers or original manufacturer’s

container to store flammable liquids e. Keep the containers closed when not in use, and store away from exits

or passageways f. Use flammable liquids only where there is plenty of ventilation g. Keep flammable liquids away from ignition sources such as open flames,

sparks, smoking, cutting, welding, etc.

156OSC5112618

HAzARDOUS MATERIALS

Process Safety Management of Highly Hazardous Chemicals 1910.119This standard contains requirements for the safe management of hazards associated with processes using, storing, manufacturing, handling or moving highly hazardous chemicals on-site. It emphasizes the management of hazards through an established comprehensive program that integrates technologies, procedures and management practices.

RequirementsThe key provision of the standard is a process hazard analysis (PHA) that is based on a compilation of process safety information. A PHA is a careful review of what could go wrong and what safeguards must be implemented to prevent releases of hazardous chemicals.

The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process and operating history of the process.

The Process Hazard Analysis Shall Address: 1. The hazards of the process 2. The identification of any previous incident which had a likely potential for

catastrophic consequences in the workplace 3. Engineering and administrative controls applicable to the hazards and their

interrelationships such as appropriate application of detection methodologies to provide early warning of releases. (Acceptable detection methods might include process monitoring and control instrumentation with alarms and detection hardware such as hydrocarbon sensors.)

4. Consequences of failure of engineering and administrative controls 5. Facility siting 6. Human factors 7. A qualitative evaluation of a range of the possible safety and health effects of

failure of controls on employees in the workplace

157 OSC5112618

HAzARDOUS MATERIALS

Additional Requirements• Must be conducted by a team with expertise in engineering and process

operations with at least one team member having experience and knowledge specific to the process being evaluated

• The employer must establish a system to address promptly the team’s findings and recommendations; ensure that the recommendations are resolved in a timely manner and that the resolutions are documented; document what actions are to be taken; develop a written schedule of when these actions are to be completed; complete actions as soon as possible; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions

• At least every five years after the completion of the initial process hazard analysis, the process hazard analysis must be updated and revalidated by a team meeting the standard’s requirements to ensure that the hazard analysis is consistent with the current process

• Employers must keep on file and make available to OSHA, on request, process hazard analyses and updates or revalidation for each process covered by PSM, as well as the documented resolution of recommendations, for the life of the process

Operating ProceduresThe employer must develop and implement written operating procedures, consistent with the process safety information, that provide clear instructions for safely conducting activities involved in each covered process. OSHA believes that tasks and procedures related to the covered process must be appropriate, clear, consistent, and most importantly, well communicated to employees. The procedures must address at least the following elements:

1. Steps for each operating phase: • Initial startup • Normal operations • Temporary operations • Emergency shutdown, including the conditions under which emergency

shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner

• Emergency operations • Normal shutdown • Startup following a turnaround, or after an emergency shutdown

158OSC5112618

HAzARDOUS MATERIALS

2. Operating limits: • Consequences of deviation • Steps required to correct or avoid deviation

3. Safety and health considerations: • Properties of, and hazards presented by, the chemicals used in the process • Precautions necessary to prevent exposure, including engineering controls,

administrative controls and personal protective equipment • Control measures to be taken if physical contact or airborne

exposure occurs • Quality control for raw materials and control of hazardous chemical

inventory levels • Any special or unique hazards • Safety systems (e.g., interlocks, detection or suppression systems) and

their functions

To ensure that a ready and up-to-date reference is available, and to form a foundation for needed employee training, operating procedures must be readily accessible to employees who work in or maintain a process. The operating procedures must be reviewed as often as necessary to ensure that they reflect current operating practices, including changes in process chemicals, technology, and equipment and facilities. To guard against outdated or inaccurate operating procedures, the employer must certify annually that these operating procedures are current and accurate.

The employer must develop and implement safe work practices to provide for the control of hazards during work activities such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory or other support personnel. These safe work practices must apply both to employees and to contractor employees.

Additional Elements• Employee participation• Training — Initial training — Refresher training — Training documentation• Application of PSM to contractors — Employer responsibilities — Contract employer

responsibilities

• Pre-startup safety review• Mechanical integrity• Hot work permit• Management of change• Incident investigation• Emergency planning and response• Compliance audit certification• Disclosure of trade secrets for

purposes of the PSM

159 OSC5112618

HAzARDOUS MATERIALS

Personal Protective Equipment (Sections 3380 – 3390)

CCR Title 8 Sections 3380 – 3390 CFR 1910.132 – 140Personal protective equipment (PPE) must be provided for employees when the potential for exposure to the following exists:

1. Impact 2. Penetration 3. Compression (rollover) 4. Chemical 5. Heat/cold 6. Harmful dust 7. Light (optical) radiation 8. Biologic 9. Other recognized hazards

PPE should only be used in conjunction with guards, sound work practices, administrative control(s) and engineering control(s) to “provide a safe and healthful work environment.” The employer must provide personal protective equipment at no cost to the employee.

160OSC5112618

PERSONAL PROTECTIVE EqUIPMENT

Mandatory Elements of the PPE StandardOSHA’s standard change requires employers to provide all required PPE at no cost to full- and part-time workers. There are several exceptions:

• Nonspecialty safety-toe protective footwear, including steel-toe shoes or boots, and nonspecialty prescription safety eyewear, provided that the employer permits those items to be worn off the job site

• Shoes or boots with built-in metatarsal protection provided the employer does provide metatarsal guards for use over regular footwear

• Logging boots• Everyday clothing, such as long-sleeve shirts, long pants, street shoes and

normal work boots• Ordinary clothing, skin creams or other items used solely for protection from

the weather, such as winter coats, jackets, gloves, rubber boots, hats, raincoats, sunglasses and sunscreen

• Equipment that is purchased by the employee provided the employer makes available adequate PPE at no cost

Employee-Owned EquipmentWhere employees provide their own protective equipment, the employer is responsible for ensuring its adequacy, including proper maintenance and sanitation of such equipment.

DesignAll personal protective equipment must be of safe design and construction for the work to be performed.

161 OSC5112618


Hazard Assessment and Equipment Selection 1. The employer shall assess the workplace to determine if hazards are present,

or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present or likely to be present, the employer shall:

• Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazard identified in the hazard assessment;

• Communicate selection decisions to each affected employee; and • Select PPE that properly fits each affected employee. 2. The employer shall verify that the required workplace hazard assessment has

been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

Different hazards require different PPE. Since Section 3203 (IIP Program) requires companies to evaluate hazards in the workplace, this is the requirement to help determine if, when and what type of PPE is required.

Where can you find the standards that talk about PPE?

• Title 8, Group 2, Article 10, Personal Protection, Sections 3380 – 3390• 29 CFR 1910.132 – .140 Personal Protective Equipment

You need to be in compliance with the following standards as they apply to your establishment:

General Section 3380Eye and Face Protection Section 3382(a)Head Protection Section 3381Body Protection Section 3383Hand Protection Section 3384Foot Protection Section 3385

162OSC5112618


Section 3380… “protection”… where modified by the words head, eye, body, hand, foot and as used in subsection (d), per the orders in this article mean the safeguarding obtained by safety devices and safeguards of the proper type for the exposure and of such design, strength and quality as to eliminate, preclude or mitigate the hazard.

Conducting a Job Hazard Analysis is very helpful.

In order that safety devices or safeguards, which may include personal protective equipment, be acceptable as to proper type, design, strength and quality, they shall be at least equivalent to those complying with the standards approved by the American National Standard Institute, Bureau of Standards or other recognized authorities, except that where no authoritative standard exists for a safety device or safeguard, the use of such safeguard or safety device shall be subject to inspection and acceptance or rejection by the Division.

The employer shall assure that the employee is instructed and uses protective equipment in accordance with the manufacturer’s instructions.

The employer shall assure that all required safety devices and safeguards, whether employer or employee provided, including personal protective equipment … comply with the applicable Title 8 standards. The employer shall assure this equipment is maintained in a safe, sanitary condition.

Protectors shall be of such design, fit and durability as to provide adequate protection against the hazard for which they are designed. They shall be reasonably comfortable and shall not unduly encumber the employee’s movements necessary to perform his or her work.

163 OSC5112618


Defective and Damaged Equipment Defective or damaged personal protective equipment must not be used.

What are some reasons that workers do not wear PPE?

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

Training and EducationThe employer shall provide training to each employee who is required to use PPE. Each such employee shall be trained to know at least the following:

• When PPE is necessary;• What PPE is necessary;• How to properly don, doff, adjust, and wear PPE;• The limitations of the PPE; and• The proper care, maintenance, useful life and disposal of the PPE.

Each affected employee shall demonstrate an understanding of the training … and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.

When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skills required by [the standard], the employer must retrain each such employee. Circumstances where retraining is required include, but are not limited to situation where:

• Changes in the workplace render previous training obsolete;• Changes in the types of PPE to be used render previous training obsolete; or• Inadequacies in an affected employee’s knowledge or use of assigned PPE

indicate that the employee has not retained the requisite understanding or skill.

The employer must verify that each affected employee has received and understands required training through a written certification that contains the name of each employee trained, the date(s) of training and the subject of the certification.

164OSC5112618


Respirator Standard (Section 5144)

Respirator Requirements—Section 5144The employer must evaluate respiratory hazard(s) in the workplace and determine what protective equipment will best protect the employees.

The respirator program must include:

• Hazard assessment• Written program• Medical clearance• Fit testing and training• Maintenance• Evaluation

Respirator Written Program—Section 5144(c)Where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures.

Employers must develop and implement a written respiratory-protection program with required worksite-specific procedures and elements for required respirator use. A suitably trained program administrator must administer the program.

The employer shall include in the program the following provisions, as applicable:

1. Procedures for selecting respirators for use in the workplace; 2. Medical evaluations of employees required to use respirators; 3. Fit-testing procedures for tight-fitting respirators; 4. Procedures for proper use of respirators in routine and reasonably foreseeable

emergency situations; 5. Procedures and schedules for cleaning, disinfecting, storing, inspecting,

repairing, discarding, and otherwise maintaining respirators; 6. Procedures to ensure adequate air quality, quantity, and flow of breathing air

for atmosphere-supplying respirators; 7. Training of employees in the respiratory hazards to which they are potentially

exposed during routine and emergency situations;

165 OSC5112618


8. Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and

9. Procedures for regularly evaluating the effectiveness of the program.

Respirators Provided—Section 5144(c)(4)

Hazard Assessment and Equipment SelectionIn order to determine what equipment to use for respiratory protection, you must first conduct a hazard assessment.

Hazard Assessment—Section 5144(d)An evaluation must include:

• A reasonable estimate of employee exposures to respiratory hazard(s)• An identification of the contaminant’s chemical state and physical form• Relevant workplace and user factors

The employer must base respirator selection on these factors. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be immediately dangerous to life or health.

Respiratory ProtectionThis standard was not modified by OSHA’s Final Rule on PPE.

Respiratory Protection Section 5144(a) Permissible practice: (1) In the control of those occupational diseases caused by breathing air

contaminated with harmful dusts, fog, fumes, mists, gases, smokes, sprays, or vapors, the primary objective shall be to prevent atmospheric contamination. This shall be accomplished as far as feasible by accepted engineering control measures (for example, enclosure or confinement of the operation, general and local ventilation, and substitution of less toxic materials). When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to the this section.

(2) Respirators shall be provided by the employer when such equipment is necessary to protect the health of the employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended.

The employee shall use the provided respiratory protection in accordance with instructions and training received.

166OSC5112618


(b) Requirements for a minimal acceptable program: (1) Written standard operating procedures governing the selection and use

of respirators shall be established. (2) Respirators shall be selected on the basis of hazards to which the worker

is exposed. (3) The user shall be instructed and trained in the proper use of respirators

and their limitations. (4) (Reserved) (5) Respirators shall be regularly cleaned and disinfected. Those used by

more than one worker shall be thoroughly cleaned and disinfected after each use.

(6) Respirators shall be stored in a convenient, clean, and sanitary location. (7) Respirators used routinely shall be inspected during cleaning. Worn or

deteriorated parts shall be replaced. Respirators for emergency use such as self-contained devices shall be thoroughly inspected at least once a month and after each use.

(8) Appropriate surveillance of work area conditions and degree of employee exposure or stress shall be maintained.

(9) There shall be regular inspection and evaluation to determine the continued effectiveness of the program.

(10) Persons should not be assigned to tasks requiring use of respirators unless it has been determined that they are physically able to perform the work and use the equipment. The local physician shall determine what health and physical conditions are pertinent. The respirator user’s medical status should be reviewed periodically (for instance, annually).

(11) Respirators shall be selected from among those jointly approved by the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health under the provisions of 30 CFR part 11.

(c) Selection of respirators. Proper selection of respirators shall be made according to the guidance of American National Standard Practices for Respiratory Protection Z88.2-1969.

Respirator Selection—Section 5144(d)The employer shall select and provide an appropriate respirator based on the respiratory hazards(s) to which the worker is exposed and workplace and user factors that affect respirator performance and reliability.

• The employer shall select a NIOSH-certified respirator.• The employer shall select respirators from a sufficient number of respirator

models and sizes so that the respirator is acceptable to, and correctly fits, the user.

167 OSC5112618


Training—Section 5144(k)Before requiring any employee to wear a respirator, the employer must provide effective training to those employees.

The training must be comprehensive, understandable, and recur annually, and more often if necessary.

The employer shall ensure that each employee can demonstrate knowledge of at least the following: 1. Why the respirator is necessary and how improper fit, usage, or maintenance

can compromise the protective effect of the respirator; 2. What the limitation and capabilities of the respirator are; 3. How to use the respirator effectively in emergency situations, including

situations in which the respirator malfunctions; 4. How to inspect, put on and remove, use, and check the seals of the respirator; 5. What the procedures are for maintenance and storage of the respirator; 6. How to recognize medical signs and symptoms that may limit or prevent the

effective use of respirators; and 7. The general requirements of this section.

Voluntary Respirator Use—Section 5144(c)(2)(A) An employer may provide respirators at the request of employees or permit

employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator use with the information contained in Appendix D to this section (“Information for Employees Using Respirators When Not Required Under the Standard”).

(B) In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).

168OSC5112618


Occupational Noise Exposure (Sections 5095 – 5100)

What Is Noise?

_________________________________________________________________

_________________________________________________________________

Noise-Induced Hearing Loss• Affects 22 million Americans• Is compensable in many states• Is progressive• Seventy percent of damage occurs in first 20 years of exposure• Can be related to: — Age — Previous ear problems — Ear sensitivity

Some Typical Noise Levels • Normal speech 40 – 50 db• Pneumatic (air) drill 90 – 100 db• Circular saw 100 – 115 db• Jet engine at 50 feet 120 db• Threshold of pain 140 db• Some car stereos 147 db

Warning Signs• Tinnitus (ringing in ears)• Temporary threshold shift (TTS)• Muffling of sound

169 OSC5112618

HEALTH HAzARDS

Three-Step Formula 1. _________________________ the _________________________

2. _________________________ the _________________________ 3. _________________________ in __________________________

Four Ps of Noise-Induced Hearing Loss 1. P __________________

2. P __________________

3. P __________________

4. P __________________

OSHA PEL 90 dB per Eight-Hour TWATo prevent, mandate the hierarchy of accident prevention

OSHA Action Level• 85 db—eight-hour TWA

170OSC5112618

HEALTH HAzARDS

Five Elements of a Hearing Conservation Program 1. Additional exposure monitoring • When new equipment is installed • When purchasing new equipment, consider noise • Rearrange the workplace

2. Audiometric testing • Must be done within six months (if using permanent testing) • Must be done within one year (if using mobile testing) • Done annually (within 30 days)

3. Hearing protection • Variety of types (inserts, rollups, muffs) • Training required annually • NRR applied to noise levels

4. Training and education topics • Effects of noise • Purpose of protectors • Advantages and disadvantages of PPE • Explanation of test and procedures

5. Record keeping • Exposure measurements (two years) • Audiometric test (duration of employment) • OSHA recordable at 25 dB from audiometric 0 and 1 STS in the

employer’s Hearing Conservation Program

171 OSC5112618

HEALTH HAzARDS

Defenses Against Excessive Noise 1. Distance (directly proportional to noise source)

2. Engineering • Noise-dampening material • Isolation booths

3. Administrative control (rotation) • Improved maintenance

4. Personal protective equipment • Muffs • Rollups • Inserts

Hearing Protection Myths • Hearing loss is not a serious matter • It’s OK to be exposed to harmful noise on a limited basis • Your ears can adjust to hazardous noise

Permissible Noise Exposures

Duration per Day, in Hours

Sound Level dBA Slow Response

8 906 924 953 972 100

1 1/2 1021 105

1/2 1101/4 or less 115

172OSC5112618

HEALTH HAzARDS

Heat Illness Prevention (Section 3395)

Cal/OSHA Heat Illness Prevention (8 CCR 3395)

Guidance on New RequirementsBecause of record-breaking temperatures over the past several years, the Department of Industrial Relations, in conjunction with Cal/OSHA, issued amendments and new requirements to the Heat Illness Prevention Standard. The amendments and new requirements went into effect May 1, 2015.

Designed to offer additional safeguards for outdoor workers, the revisions in the heat illness prevention regulation include the following:

• Water must be pure, suitably cool, and provided free to workers. It must be located as close as practicable to where employees are working so they can hydrate frequently during their shift.

• When temperatures exceed 80 degrees Fahrenheit, shade is required for all workers on break, and for all those who take their meal periods onsite. For climates cooler than 80 degrees, shade must still be made available upon request.

• Workers who take cool-down rest breaks must be monitored and asked if they are experiencing heat illness symptoms.

• High-heat procedures have been modified for the agriculture industry to mandate one 10-minute preventative cool-down rest break every two hours when temperatures equal or exceed 95 degrees Fahrenheit.

• Employers must ensure that supervisors and workers are adequately trained to recognize and react to heat illness signs or symptoms and how to contact emergency medical services (EMS).

• Any workers who display or report any signs or symptoms of heat illness, must not be left alone or sent home without being offered on-site first aid or emergency medical services.

• All workers must be closely observed during a heat wave. • Any worker newly assigned to a high-heat area must be observed by a

supervisor or designee during the first 14 days of employment. • Training must be provided for all outdoor workers before starting any work

involving heat illness risk. The training must be presented in a language that employees understand, and must be documented.

173 OSC5112618

HEALTH HAzARDS

Cal/OSHA’s approach to prevention includes inspections at outdoor worksites in industries such as agriculture, landscaping and construction during heat season. These targeted inspections check for compliance with the heat illness prevention standard (8 CCR 3395) and the injury and illness prevention standard (8 CCR 3203), which require employers to take the following basic precautions:

1. Train all employees and supervisors on heat illness prevention. 2. Provide enough fresh water so that each employee can drink at least 1 quart

per hour, or four 8-ounce glasses of water per hour, and encourage them to do so.

3. Provide access to shade and encourage employees to take a cool‐down rest in the shade for at least 5 minutes. They should not wait until they feel sick to cool down. Shade structures must be in place when temperatures exceed 80 degrees Fahrenheit, or upon request.

4. Closely observe all employees during a heat wave and any employee newly assigned to a high heat area. Lighter work, frequent breaks or shorter hours will help employees who have not been working in high temperatures adapt to the new conditions.

5. Develop and implement written procedures for complying with the Cal/OSHA Heat Illness Prevention Standard, including plans on how to handle medical emergencies and steps to take if someone shows signs or symptoms of heat illness.

The most frequent violation that Cal/OSHA cites during targeted heat inspections is for failure to have a proper written heat illness prevention plan specific to the worksite. Serious violations are often related to inadequate access to water and shade, and to a lack of supervisor and employee training.

IMPORTANT NOTE: In November 2015, the California Occupational Safety and Health Appeals Board ruled in favor of Cal/OSHA’s 2012 citations against two employers because their Injury and Illness Prevention Programs (IIPP) failed to effectively address the hazard of indoor heat.

As a result of this decision, the Heat Illness Prevention standard has been expanded to address the hazard of indoor heat and affirmed that California’s Illness and Injury Prevention Program standard can be used to address hazards that the standard does not specifically identify including indoor heat. Now all workers, including those who work indoors, are protected from the hazards of heat.

174OSC5112618

HEALTH HAzARDS

ApplicationCalifornia’s heat illness prevention standard applies primarily to the following industries:

• Agriculture• Construction• Landscaping• Oil and gas extraction• Transportation or delivery of agricultural products, construction materials or

other heavy materials (e.g., furniture, lumber, freight, cargo, cabinets, industrial or commercial materials), except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading.

Note: The measures required here may be integrated into the employer’s written Injury and Illness Program required by section 3203, or maintained in a separate document.

Provision of Water• Employees must have access to potable drinking water.• Where drinking water is not plumbed or otherwise continuously supplied, it

shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift.

• Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour.

Access to Shade (d) (1) When the outdoor temperature in the work area exceeds 80 degrees

Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling.

• The amount of shade present shall be at least enough to accommodate the number of employees on recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other.

• The shade shall be located as close as practicable to the areas where employees are working.

• Subject to the same specifications, the amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite.

(2) Shade shall be available when the temperature does not exceed 80 degrees Fahrenheit. When the outdoor temperature in the work area does not exceed

175 OSC5112618

HEALTH HAzARDS

80 degrees Fahrenheit employers shall either provide shade … or provide timely access to shade upon an employee’s request.

(3) Employees shall be allowed and encouraged to take a preventative cool-down rest in the shade when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times. An individual employee who takes a preventative cool-down rest

(A) shall be monitored and aked if he or she is experiencing symptoms of heat illness;

(B) shall be encouraged to remain in the shade; and (C) shall not be ordered back to work until any signs or symptoms of heat

illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade.

(4) If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response according to subsection (f ) of this section.

Exceptions to Subsections (d)(1) and (d)(2) (1) Where the employer can demonstrate that it is infeasible or unsafe

to have a shade structure, or otherwise to have shade present on a continuous basis, the employer may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection.

(2) Except for employers in the agricultural industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.

High-Heat Procedures (e)The employer shall implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures must include the following to the extent practicable:

(1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.

(2) Observing employees for alertness and signs or symptoms of heat illness. The employer shall ensure effective employee observation/monitoring by implementing one or more of the following:

(A) Supervisor or designee observation of 20 or fewer employees, or (B) Mandatory buddy system, or

176OSC5112618

HEALTH HAzARDS

(C) Regular communication with sole employee such as by radio or cellular phone, or

(D) Other effective means of observation. (3) Designating one or more employees on each worksite as authorized to call

for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available.

(4) Reminding employees throughout the work shift to drink plenty of water. (5) Pre-shift meetings before the commencement of work to review the high

heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary.

(6) For employees employed in agriculture, the following shall also apply: When temperatures reach 95 degrees or above, the employer shall ensure

that the employee takes a minimum ten minute net preventative cool-down rest period every two hours. The preventative cool-down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 (8 CCR 11140) if the timing of the preventative cool-down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool-down rest period required in an eight hour workday. If the workday will extend beyond eight hours, then an additional preventative cool-down rest period will be required at the conclusion of the eighth hour of work; and if the workday extends beyond ten hours, then another preventative cool-down rest period will be required at the conclusion of the tenth hour and so on. For purposes of this section, preventative cool-down rest period has the same meaning as “recovery period” in Labor Code Section 226.7(a).

Emergency Response Procedures (f)The Employer shall implement effective emergency response procedures including:(1) Ensuring that effective communication by voice, observation, or electronic

means is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. If an electronic device will not furnish reliable communication in the work area, the employer will ensure a means of summoning emergency medical services.

(2) Responding to signs and symptoms of possible heat illness, including but not limited to first aid measures and how emergency medical services will be provided.

(A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness.

(B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting,

177 OSC5112618

HEALTH HAzARDS

disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures.

(C) An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer's procedures.

(3) Contacting emergency medical services and, if necessary, transporting employees to a place where they can be reached by an emergency medical provider.

(4) Ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders.

Acclimatization (g) (1) All employees shall be closely observed by a supervisor or designee during

a heat wave. For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days.

(2) An employee who has been newly assigned to a high heat area shall be closely observed by a supervisor or designee for the first 14 days of the employee’s employment.

Training—All Employees (h)Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the risk of heat illness:

(A) The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment.

(B) The employer’s procedures for complying with the requirements of this standard, including, but not limited to, the employer’s responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees’ right to exercise their rights under this standard without retaliation.

(C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties.

(D) The concept, importance, and methods of acclimatization, pursuant to the employer’s procedures under subsection (i)(4).

(E) The different types of heat illness, the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different

178OSC5112618

HEALTH HAzARDS

types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness.

(F) The importance to employees of immediately reporting to the employer, directly or through the employee’s supervisor, symptoms or signs of heat illness in themselves, or in co-workers.

(G) The employer’s procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary.

(H) The employer’s procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.

(I) The employer’s procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate.

Supervisor TrainingPrior to supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness effective training on the following topics must be provided to the supervisor:

(A) The information required to be provided to non-supervisory employees. (B) The procedures the supervisor is to follow to implement the applicable

provisions in this section. (C) The procedures the supervisor is to follow when an employee exhibits

symptoms consistent with possible heat illness, including emergency response procedures.

(D) How to monitor weather reports and how to respond to hot weather advisories.

Note: The employer shall establish, implement, and maintain, an effective heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employes and shall be made available at the worksite to employees and to representatives of the Division upon request.

179 OSC5112618

HEALTH HAzARDS

Premium Pay for Missed Meal, Rest and Recovery Periods

California Labor Code Section 226.7 (b) An employer shall not require an employee to work during a meal or rest or

recovery period mandated pursuant to an applicable … order of the Industrial Welfare Commission.

(c) If an employer fails to provide an employee a meal or rest or recovery period in accordance with a state law, including, but not limited to, an applicable statute or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.

This additional hour is not counted as hours worked for purposes of overtime calculations.

SB 435 Expansion of Section 226.7 (Went into effect January 1, 2014)

Section 226.7 has been expanded to include “recovery” periods taken to prevent heat illness.

An employer cannot require an employee to work during a recovery period mandated by Cal/OSHA’s heat illness prevention standard.

Employers that do not provide a recovery period must pay the same pay premium penalty as for unprovoked meal or rest periods.

180OSC5112618

HEALTH HAzARDS

Workers’ Exposure to Respirable Crystalline Silica

29 CFR 1910.1053Crystalline silica is a common mineral that is found in materials that we see every day in roads, buildings, and sidewalks. It is a common component of sand, stone, rock, concrete, brick, block, and mortar.

Exposures to crystalline silica dust occur in common workplace operations involving cutting, sawing, drilling, and crushing of concrete, brick, block, rock, and stone products (such as construction tasks), and operations using sand products (such as in glass manufacturing, foundries, sand blasting, and hydraulic fracturing).

Employers are required under the rule to:• Limit access to high exposure areas• Provide training• Provide respiratory protection when controls are not enough to limit exposure • Provide written exposure control plans• Measure exposures (in some cases) • Offer medical examinations to highly exposed workers

Note: Workers who find out they have an illness, such as lung disease, can use that information to make employment or lifestyle decisions to protect their health.

New Permissible Exposure Limit (PEL) The PEL limits worker exposures to 50 micrograms of respirable crystalline silica per cubic meter of air (μg/m3), averaged over an eight-hour day.

This level is the same for all workplaces covered by the standard (general industry/maritime and construction), and is roughly 50 percent of the previous PEL for general industry, and roughly 20 percent of the previous PEL for construction and shipyards.

181 OSC5112618

HEALTH HAzARDS

Employers must use engineering controls and work practices as the primary way keep exposures at or below the PEL.Engineering controls include:

• Wetting down work operations or using local exhaust ventilation (such as vacuums) to keep silica-containing dust out of the air and out of workers’ lungs

• Enclosing an operation (“process isolation”)

Work practices include:

• Wetting down dust before sweeping it up• Using the water flow rate recommended by the manufacturer for a tool with

water controls

Note: Respirators are only allowed when engineering and work practice controls cannot maintain exposures at or below the PEL.

OSHA will help employers comply with the rule to protect their workers.The rule provides flexibility to help employers—especially small businesses—protect workers from silica exposure, with staggered compliance dates to ensure sufficient time to meet the requirements. Employers have from one to five years to get the right protections in place.

What industries will be affected by the rule? The main industries affected include:

• Construction • Glass manufacturing • Pottery products • Structural clay products • Concrete products • Foundries • Dental laboratories • Paintings and coatings • Jewelry production • Refractory products • Landscaping

• Ready-mix concrete • Cut stone and stone products • Abrasive blasting in: — Maritime work — Construction — General industry • Refractory furnace installation

and repair • Railroads• Hydraulic fracturing for gas and oil • Asphalt products manufacturing

182OSC5112618

HEALTH HAzARDS

Compliance DatesFor all operations in general industry and maritime, other than hydraulic fracturing operations in the oil and gas industry:

• Comply with all obligations of the standard, with the exception of the action level trigger for medical surveillance, by June 23, 2018.

• Offer medical examinations to employees exposed above the PEL for 30 or more days a year beginning on June 23, 2018.

• Offer medical examinations to employees exposed at or above the action level for 30 or more days a year beginning on June 23, 2020.

For hydraulic fracturing operations in the oil and gas industry:

• Comply with all obligations of the standard, except for engineering controls and the action level trigger for medical surveillance, by June 23, 2018.

• Comply with requirements for engineering controls to limit exposures to the new PEL by June 23, 2021. From June 23, 2018 through June 23, 2021, employers can continue to have employees wear respirators if exposures exceed the PEL.

• Offer medical examinations to employees exposed above the PEL for 30 or more days beginning on June 23, 2018.

• Offer medical examinations to employees exposed at or above the action level for 30 or more days a year beginning on June 23, 2020.

183 OSC5112618

HEALTH HAzARDS

Occupational Exposure to Beryllium (Federal Register: 82:2470 – 2757)The Occupational Safety and Health Administration (OSHA) has issued a final rule to prevent chronic beryllium disease and lung cancer in American workers by limiting their exposure to beryllium and beryllium compounds. The rule contains standards for general industry, construction and shipyards.

About 62,000 workers are exposed to beryllium in their workplaces, including approximately 11,500 construction and shipyard workers who may conduct abrasive blasting operations using slags that contain trace amounts of beryllium. The majority of workers affected by this rule are exposed in general industry operations such as beryllium metal and ceramic production, non-ferrous foundries and fabrication of beryllium alloy products.

Key Provisions• Reduces the permissible exposure limit (PEL) for beryllium to 0.2 micrograms

per cubic meter of air, averaged over eight hours• Establishes a new short-term exposure limit for beryllium of 2.0 micrograms

per cubic meter of air, over a 15-minute sampling period• Requires employers to: Use engineering and work practice controls (such

as ventilation or enclosure) to limit worker exposure to beryllium; provide respirators when controls cannot adequately limit exposure; limit worker access to high-exposure areas; develop a written exposure control plan; and train workers on beryllium hazards

• Requires employers to make available medical exams to monitor exposed workers and provides medical removal protection benefits to workers identified with a beryllium-related disease

Compliance ScheduleAll three standards contained in the final rule take effect on May 20, 2017 (extended from March for further review). Employers must comply with most elements of the rule starting March 12, 2018—one year from the original effective date. However, employers have an additional year—until March 11, 2019—to provide required change rooms and showers, and an additional two years—until March 10, 2020—to implement engineering controls.

Federal Register: 82:2470 – 2757Standards: 1910; 1915; 1926; 1910.134; 1910;134(c); 1910.1020; 1910.1200; 1910.1200(d)(1); 1910.1020(d)(1)(ii); 1910.1026(d)(3); 1910.1053(d)(2); 1910.94; 1910.1053; 1926.1153; 1910.134(e)

184OSC5112618

HEALTH HAzARDS

Asbestos

CCR Title 8 5208This section applies to all occupational exposures to asbestos in all industries covered by the California Occupational Safety and Health Act, except for the following:

• Construction work as defined in Section 1502, except for the spraying of asbestos containing material in subsection 5208(f )(1)( J). (Exposure to asbestos in construction work other than spraying is covered by Section 1529.)

• Ship repairing, shipbuilding and shipbreaking employments and related employments as defined in Section 8354

Exposure to asbestos in these employments is covered by Section 8358.

Exposure Monitoring CCR Title 8 5208(d)

Permissible Exposure Limit (PELS) 1. Time-weighted average limit (TWA): The employer shall ensure that no

employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter (0.1 f/cc) of air as an eight (8)-hour time-weighted average (TWA)

2. Excursion limit: The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of 30 minutes

Regulated Areas CCR Title 8 5208(e) 1. Establishment: The employer shall establish regulated areas wherever

airborne concentrations of asbestos and/or PACM are in excess of the TWA and/or excursion limit prescribed in subsection (c) of this section

2. Demarcation: Regulated areas shall be demarcated from the rest of the workplace in any manner that minimizes the number of persons who will be exposed to asbestos

3. Access: Access to regulated areas shall be limited to authorized persons or to persons authorized by the Chief or the Director

4. Provision of respirators: Each person entering a regulated area shall be supplied with and required to use a respirator, selected in accordance with subsection (g)(2) of this section

5. Prohibited activities: The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum or apply cosmetics in the regulated areas

185 OSC5112618

HEALTH HAzARDS

Methods of Compliance CCR Title 8 5208(f ) 1. Engineering controls and work practices (A) Institute engineering controls and work practices to reduce

and maintain employee exposure to or below the TWA and/or excursion limits

(B) Wherever the feasible engineering controls and work practices are not sufficient, the employer shall use them to reduce employee exposure to the lowest levels achievable and supplement them by the use of respiratory protection

(C) Exhaust ventilation systems for hand-operated and power-operated tools which produce or release fibers of asbestos

(D) For the following operations, where feasible engineering controls and work practices are not sufficient to reduce the employee exposure to or below the TWA and/or excursion limit, the employer shall use them to reduce employee exposure to or below 0.5 fiber per cubic centimeter of air (as an eight-hour time-weighted average) or 2.5 fibers/cc for 30 minutes (short-term exposure) and shall supplement them by the use of any combination of respiratory protection, work practices and feasible engineering controls that will reduce employee exposure to or below the TWA and to or below the excursion limit permissible:

• Coupling cutoff in primary asbestos cement pipe manufacturing • Sanding in primary and secondary asbestos cement sheet manufacturing • Grinding in primary and secondary friction product manufacturing • Carding and spinning in dry textile processes • Grinding and sanding in primary plastics manufacturing (E) Local exhaust ventilation—designed, constructed, installed and

maintained in accordance with ASI Z9.2-1979 (F) Wet methods—whenever possible, handle asbestos in a wet state (G) Particular products and operations: Do not remove asbestos cement,

mortar, coating, grout, plaster or similar material containing asbestos from bags, cartons or other containers without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne fibers

(H) Compressed air: Do not use to remove asbestos or materials containing asbestos unless the compressed air is used with a ventilation system that captures the dust cloud created by the compressed air

(I) Flooring: Sanding of asbestos-containing flooring material is prohibited ( J) The spraying of any substance containing any amount of asbestos in or

upon a building or other structure during its construction, alteration or repair is prohibited

186OSC5112618

HEALTH HAzARDS

2. Compliance program (A) Written program to reduce employee exposure to or below the TWA

and to or below the excursion limit (B) Programs reviewed and updated to reflect significant changes (C) Submitted upon request for examination and copying to the Chief, the

Director, affected employees and designated employee representatives (D) The Employer shall not use employee rotation as a means of compliance

with the TWA and/or excursion limit

Respiratory Protection CCR Title 8 5208(g) 1. General: For employees who are required to use respirators, the employer

must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

• Periods necessary to install or implement feasible engineering and work practice controls

• Work operations, such as maintenance and repair activities, or other activities for which engineering and work practice controls are not feasible

• Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the TWA and/or excursion limit

• Emergencies

2. Respirator program • Employer must implement a respirator program in accordance with section

5144(b) through (d) (except (d)(1)(C)), and (f ) through (m) • Employer must provide a tight-fitting powered, air-purifying respirator

instead of any negative pressure respirator selected according to subsection (g)(3) when an employee chooses to use this type of respirator and this respirator provides adequate protection to the employee

• No employee must be assigned to tasks requiring the use of respirators if, based on their most recent examination, it is determined that the employee will be unable to function normally using a respirator, or that the safety or health of the employee or other employees will be impaired by the use of a respirator. Such employees must be assigned to another job or given the opportunity to transfer to a different position, the duties of which they can perform. If such a transfer position is available, the position must be with the same employer, in the same geographical area and with the same seniority, status and rate of pay the employee had just prior to such transfer.

187 OSC5112618

HEALTH HAzARDS

3. Respirator selection • The employer shall select, and provide to employees, the appropriate

respirators specified in Section 5144(d)(3)(A)1; however, employers must not select or use filtering facepiece respirators for protection against asbestos fibers

• Employers shall provide HEPA filters for powered and non-powered air-purifying respirators

Additional Requirements• Protective work clothing and equipment• Hygiene facilities and practices• Communication of hazards to employees• Housekeeping• Medical surveillance• Record keeping• Observation of monitoring• Reports of use (user registration, temporary worksite notification and

incident reporting)

188OSC5112618

HEALTH HAzARDS

Exposure to Benzene

1910.1028Benzene is a component of products derived from coal and petroleum found in gasoline and other fuels and is the 17th most abundantly produced chemical in the United States. Benzene is used in the manufacture of plastics, detergents, pesticides and other chemicals. With exposures from less than five years to more than 30 years, individuals have developed, and died from, leukemia. Long-term exposure may affect bone marrow and blood production. Short-term exposure to high levels of benzene can cause drowsiness, dizziness, unconsciousness and death.

There is no known antidote for benzene exposure.

Description—At room temperature, benzene is a clear, colorless-to-light yellow liquid that is highly flammable. Because it is volatile, it can spread to a distant source of ignition. Benzene reacts explosively with strong oxidizers, such as perchlorates and nitric acid and many flourides.

Permissible Exposure Limits (PELs)

OSHA• TWA (time-weighted average) = 1 ppm (averaged over an eight-

hour workshift)• STEL (short-term exposure limit) = 5 ppm (15-minute sample)

Note: NIOSH identifies the IDLH (immediately dangerous to life or health) amount as = 500 ppm

Points of Exposure 1. Inhalation 2. Skin/eye contact 3. Ingestion

189 OSC5112618

HEALTH HAzARDS

Health Effects• Acute exposure—Exposure to high concentrations of benzene can result

in neurological, respiratory, cardiovascular, dermal, gastrointestinal and ocular damage

• Chronic exposure—Repeated exposure to high levels (200 ppm) can result in ongoing central nervous system effects. Chronic exposure in the workplace has been associated with hematologic disorders such as leukemia.

1910.128(d)—Regulated Areas• Regulate areas where airborne concentration exceeds (or could be expected to

exceed) the permissible exposure limits• Access limited to authorized persons• Access restricted to minimize the number of employees exposed within the

regulated area

1910.128(e)—Exposure Monitoring• Employee exposure determinations are made on breathing zone air samples that

are representative of each employee’s average exposure to airborne benzene• Representative eight-hour TWA employee exposures are determined based

on sample(s) representing full shift exposure for each job classification in each work area

• After initial monitoring, if the employer can document that one shift will consistently have higher employee exposures for an operation, the employer is only required to determine representative employee exposure for that operation during the shift on which the highest exposure is expected

• Additional monitoring is required when there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures to benzene, or when the employer has any reason to suspect a change that may result in new or additional exposures

• Notify employees of monitoring results within 15 working days after receipt of the results. If PELs are exceeded, provide the corrective action to be taken to reduce exposure to or below the PEL.

1910.128(f)—Methods of Compliance• Engineering controls and work practices• Compliance program

190OSC5112618

HEALTH HAzARDS

1910.128(g)—Respiratory Protection• For employees who use respirators required by this section, the employer

must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:

— Periods necessary to install or implement feasible engineering and work-practice controls

— Work operations where the use of engineering and work-practice controls are not feasible

— Work operations where engineering and work-practice controls are not yet sufficient or are not required to reduce employee exposure to or below the PELs

• Implement a respiratory protection program• For air-purifying respirators, replace the air-purifying element at the expiration

of its service life or at the beginning of each shift in which such elements are used, whichever comes first

• Select and provide to employees appropriate respirators as specified 29 CFR 1910.34(d)(3)(i)(A)

• Provide employees with any organic vapor mask or any self-contained breathing apparatus with a full facepiece to use for escape

• Use an organic vapor cartridge or canister with powered and non-powered air-purifying respirators and a chin-style canister with full facepiece gas masks

• Ensure that canisters used with non-powered air-purifying respirators have a minimum service life of four hours when tested at 150 ppm benzene at a flow rate of 64 liters per minute (LPM), a temperature of 25 [deg]C and a relative humidity of 85 percent; for canisters used with tight-fitting or loose-fitting powered air-purifying respirators, the flow rates for testing must be 115 LPM and 170 LPM, respectively

• Allow any employee who cannot use a negative-pressure respirator to use a respirator with less breathing resistance, such as a powered air-purifying respirator or supplied-air respirator

1910.1028(h)—Protective Clothing and Equipment• Require personal protective clothing and equipment to be worn to prevent eye

contact and limit dermal exposure to liquid benzene• Provide at no cost to the employee• Ensure its use where appropriate• Eye and face protection shall meet the requirements of 29 CFR 1910.133

191 OSC5112618

HEALTH HAzARDS

1910.1028(j)(1)—Hazard Communication• Comply with all requirements of the Hazard Communication Standard (HCS)

(§ 1910.1200) for benzene• In classifying the hazards of benzene, minimally address the following hazards:

Cancer; central nervous system effects; blood effects; aspiration; skin, eye and respiratory tract irritation; and flammability

• Include benzene in the hazard communication program established to comply with the HCS (1910.1200)

• Ensure employees have access to labels on containers of benzene and to safety data sheets and are trained in accordance with the requirements of HCS and paragraph (j)(3) of this section

• Post signs at entrances to regulated areas. The signs shall bear the following legend:

• Ensure labels or other appropriate forms of warning are provided for containers of benzene. There is no requirement to label pipes. Labels shall comply with the requirements of paragraph (j)(1) of this section and 1910.1200(f ).

1910.1028(j)(3)—Information and Training• Provide employees with information and training at the time of assignment

to a work area where benzene is present. If exposures are above the action level, employees shall be provided with information and training at least annually thereafter.

• The training program shall be in accordance with the requirements of 29 CFR 1910.1200(h)(1) and (2) and include specific information on benzene for each category of information included in that section

DANGERBENZENE

MAY CAUSE CANCERHIGHLY FLAMMABLE LIQUID AND VAPOR DO NOT SMOKE

WEAR RESPIRATORY PROTECTION IN THIS AREAAUTHORIZED PERSONNEL ONLY

192OSC5112618

HEALTH HAzARDS

1910.1028(k)—Record Keeping

Exposure measurements• Establish and maintain an accurate record of measurements required by

paragraph (e) of this section, in accordance with 29 CFR 1910.1020• Record must include: — The dates, number, duration and results of each of the samples taken,

including a description of the procedure used to determine representative employee exposures

— A description of the sampling and analytical methods used — A description of the type of respiratory protective devices worn, if any — The name, social security number, job classification and exposure levels

of the employee monitored and all other employees whose exposure the measurement is intended to represent

• Maintain this record for at least 30 years, in accordance with 29 CFR 1910.1020

Medical Surveillance• The employer shall establish and maintain an accurate record for each employee

subject to medical surveillance required by paragraph (i) of this section, in accordance with 29 CFR 1910.1020

• This record shall include: — The name and social security number of the employee — The employer’s copy of the physician’s written opinion on the initial, periodic

and special examinations, including results of medical examinations and all tests, opinions and recommendations

— Any employee medical complaints related to exposure to benzene — A copy of the information provided to the physician as required by

paragraphs (i)(6)(ii) through (v) of this section — A copy of the employee’s medical and work history related to exposure to

benzene or any other hematologic toxins• Maintain this record for at least the duration of employment plus 30 years, in

accordance with 29 CFR 1910.1020

193 OSC5112618

HEALTH HAzARDS

Availability• All records required to be maintained by this section shall be made available

upon request to the Assistant Secretary and the Director for examination and copying

• Provide employee exposure monitoring records required by this paragraph upon request for examination and copying to employees, employee representatives and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a) through (e) and (g) through (i)

• Provide employee medical records required by this paragraph upon request for examination and copying, to the subject employee, to anyone having the specific written consent of the subject employee and to the Assistant Secretary in accordance with 29 CFR 1910.1020

194OSC5112618

HEALTH HAzARDS

Machine Guarding (Sections 3328, 4184, 4070, 3577, 3578)

Machine Guarding (29 CFR 1910.211 – .222)Machinery is among the leading causes of injuries and death in industry. Grinders and pulleys receive extra attention due to the extreme hazards of each.

Classifications of Machine Safeguards• Guards• Devices• Location and distance

Potential Feeding and Ejection Methods to Improve Safety for the Operator• Automatic feed• Semiautomatic feed• Automatic ejection• Semiautomatic ejection• Robot

195 OSC5112618

MACHINE GUARDING

CCR Title 8 Section 3328—Machinery and Equipment a. All machinery and equipment: (1) shall be designed or (2) engineered to

safely sustain all reasonable anticipated loads … shall not be used or operated under conditions of speeds, stresses, loads or environmental conditions that are contrary to the manufacturer’s recommendation or, where such recommendations are not available, the engineered design.

b. Machinery and equipment in service shall be inspected and maintained as recommended by the manufacturer where such recommendations are available.

c. Machinery and equipment with defective parts which create a hazard shall not be used.

d. Machinery and equipment designed for a fixed location shall be restrained so as to prevent walking or moving from its location.

e. Machinery and equipment components shall be designed and secured or covered (or both) to minimize hazards caused by breakage, release of mechanical energy (e.g., broken springs), or loosening and falling…

f. Any modifications shall be in accordance with (a) and with good engineering practice.

g. Machinery and equipment in service shall be maintained in a safe operating condition.

h. Only qualified persons shall be permitted to maintain or repair machinery and equipment.

Point of Operation Guarding—Section 4184(a)Machines as specifically covered hereafter in Group 8, having a grinding, shearing, punching, pressing, squeezing, drawing, cutting, rolling, mixing or similar action, in which an employee comes within the danger zone shall be guarded at the point of operation in one or a combination of the ways specified in the following orders, or by other means or methods which will provide equivalent protection for the employee.

196OSC5112618

MACHINE GUARDING

Pulleys—Section 4070(a)All moving parts of belt and pulley drives located 7 feet or less above the floor or working level shall be guarded.

Grinder Work Rests—Section 3577(e)On offhand grinding machines, work rests shall be used to support the work. They shall be of rigid construction and designed to be adjustable to compensate for wheel wear. Work rests shall be kept adjusted closely to the wheel with a maximum opening of one-eighth inch. The work rest shall be secured after each adjustment. The adjustment shall not be made with the wheel in motion.

Grinder Tongue Guards—Section 3578(g)Guards of the types described in subsections (a) and (b) of this section where the operator stands in front of the opening, shall be constructed so that the peripheral protecting member can be adjusted to the constantly decreasing diameter of the wheel. The maximum angular exposure above the horizontal plane of the wheel spindle as specified in subsections (a) and (b) of this section shall never be exceeded, and the distance between the wheel periphery and the adjustable tongue or the end of the peripheral member at the top shall never exceed one-fourth inch.

197 OSC5112618

MACHINE GUARDING

Machine Guarding ChecklistAnswers to the following questions should help the interested reader determine the safeguarding needs of his or her own workplace by drawing attention to hazardous conditions or practices requiring correction.

Requirements for All Safeguards Yes No

1. Do the safeguards provided meet the minimum OSHA requirements? _____ _____

2. Do the safeguards prevent workers’ hands, arms, and other body parts from making contact with dangerous moving parts? _____ _____

3. Are the safeguards firmly secured and not easily removable? _____ _____

4. Do the safeguards ensure no objects will fall into the moving parts? _____ _____

5. Do the safeguards permit safe, comfortable, and relatively easy operation of the machine? _____ _____

6. Can the machine be oiled without removing the safeguard? _____ _____

7. Is there a system for shutting down the machinery and locking/tagging out before safeguards are removed? _____ _____

8. Can the existing safeguards be improved? _____ _____

Mechanical Hazards

The Point of Operation:

1. Is there a point-of-operation safeguard provided for the machine? _____ _____

2. Does it keep the operator’s hands, fingers, and body out of the danger area? _____ _____

3. Is there evidence that the safeguards have been tampered with or removed? _____ _____

4. Could changes be made on the machine to eliminate the point-of-operation hazard entirely? _____ _____

198OSC5112618

MACHINE GUARDING

Power Transmission Apparatus: Yes No

1. Are there any unguarded gears, sprockets, pulleys, or flywheels on the apparatus? _____ _____

2. Are there any exposed belts or chain drives? _____ _____

3. Are there any exposed set screws, key ways, collars, etc.? _____ _____

4. Are starting and stopping controls within easy reach of the operator? _____ _____

5. If there is more than one operator, are separate controls provided? _____ _____

Other Moving Parts:

6. Are safeguards provided for all hazardous moving parts of the machine, including auxiliary parts? _____ _____

Non-Mechanical Hazards:

7. Have appropriate measures been taken to safeguard workers against noise hazards? _____ _____

8. Have special guards, enclosures, or personal protective equipment been provided, where necessary to protect workers from exposure to harmful substances used in machine operation? _____ _____

Electric Hazards:

9. Is the machine installed in accordance with National FireProtection Association and National Electrical Code requirements? _____ _____

10. Are there loose conduit fittings? _____ _____

11. Is the machine properly grounded? _____ _____

12. Is the power supply correctly fused and protected? _____ _____

13. Do workers occasionally receive minor shocks while operating any of the machines? _____ _____

199 OSC5112618

MACHINE GUARDING

Ergonomics (Section 5110)

CCR Title 8 Section 5110 1. Recognize the hazard! 2. Understand the defense against the hazard! 3. Act in time!

Every year, about 19 million workers are disabled by one or more of these conditions at a cost of about $100 billion!

Table C. Median number of days from work and percent of total musculoskeletal disorders (MSDs) by selected occupations and selected part of body, all ownerships, 2011

*2010 Standard Occupational ClassificationSource: Bureau of Labor Statistics, U.S. Department of Labor

Selected occupation

Selected part of body

Median days away from work

Total Shoulder Back Abdomen Arm Wrist LegMultiple

body parts

All occupations 11 21 7 20 18 17 15 12Nursing assistants 6 7 5 8 8 5 6 7Laborers and freight- stock- and material movers-hand 12 30 7 25 10 15 20 6

Janitors and cleaners- except maids and housekeeping cleaners

8 21 6 20 20 10 19 14

Heavy and tractor-trailer truck drivers 21 35 13 25 29 15 27 70

Registered nurses* 8 13 7 6 14 5 17 6

Percent of total MSDs

All occupations 100.0 13.2 41.8 4.7 4.8 5.9 10.7 4.7Nursing assistants 100.0 12.6 54.8 1.1 3.0 3.8 6.1 7.9Laborers and freight- stock- and material movers-hand 100.0 15.7 44.3 7.0 4.6 4.1 7.0 3.9

Janitors and cleaners- except maids and housekeeping cleaners

100.0 11.7 48.5 5.3 4.4 3.1 7.7 3.6

Heavy and tractor-trailer truck drivers 100.0 16.4 35.5 6.7 7.1 2.4 14.1 4.7

Registered nurses* 100.0 13.0 52.9 0.8 2.2 2.4 6.6 9.2

200OSC5112618

ERGONOMICS

Elements That Require You to ComplyHow does this standard get triggered? What must you do if it is triggered at your facility?

Five Elements That Can Trigger Compliance With the StandardYou will have to comply with Section 5110 if:

1. At least two employees have been diagnosed with a repetitive motion injury (RMI) by a licensed physician

2. The dates that employees reported their RMIs are within 365 days of each other

3. The diagnosing physician for each RMI objectively identified and diagnosed the RMI using information that is customarily relied upon by other licensed physicians in the same field of practice, so that the information, taken as a whole, is sufficiently sound to support the RMI diagnosis

4. Employees incurring the RMIs were performing a job, process or operation of identical work activity

5. A licensed physician has determined that the job, process or operation of identical work activity has been predominant (i.e., has contributed 50 percent or more to the occurrence of the RMIs)

Section 5110 contains three independent requirements:

1. Worksite evaluation (b)(1) 2. Control measures (b)(2) 3. Training (b)(3)

Once Section 5110 has been triggered at your facility, you should evaluate each job, process or operation of identical work activity (or a representative number of such jobs, processes or operations of identical work activities) for exposures that may cause RMIs.

Address employee exposures, such as:

1. Frequency (i.e., the rate of repetitive motions or exertions) 2. Force (i.e., the physical exertion by or pressure applied to any part of the body

during a repetitive motion) 3. Duration (i.e., the length of any period of repetitive work activity that

represents an exposure risk) 4. Posture (i.e., the position of a body part during repetitive work activity) 5. Localized or whole-body vibration 6. Repetitive motion of hands and feet under conditions of extreme

cold temperature 7. Any other exposure that is reasonably likely to have caused the RMIs

requiring evaluation in the employer’s workplace

201 OSC5112618

ERGONOMICS

Exposure Control Measures• Exposures that caused RMIs must be corrected in a timely manner. First,

you need to ask, “Are the exposures that have caused RMIs capable of being corrected?”

• Next, minimize the RMIs to the extent feasible. The job hazard analysis is the most useful weapon in the war on ergonomic hazards.

• Checklists are also very helpful tools

TrainingYou must provide training to employees who work at, and who supervise employees who work at, the jobs, processes or operations of identical work activity that have been identified as causing RMIs to more than one employee at the employer’s workplace.

Your program for training should include explanations of:

• Your RMI program• Exposures that have been associated with RMIs• Symptoms and consequences of injuries caused by repetitive motion• The importance of reporting symptoms and injuries• Methods used to minimize RMIs

The standard has no minimum requirements for trainers, and it does not specify frequency.

202OSC5112618

ERGONOMICS

What Can Employers Do?

Ergonomic Program Elements 1. Management commitment and employee involvement Every American employer must be familiar with the Ergonomic Guidelines

to ensure an intervention and prevention program can be developed if any employee is working in any job responsibility that has the potential to cause any musculoskeletal disorder (MSD).

2. Worksite hazard analysis • Review injury records for evidence of MSDs • Identify work positions and activities that put workers at risk • Use all available information to reduce or eliminate ergonomic hazards • Worksite hazard analysis should be performed by a qualified person • Conduct periodic surveys and observations of work-related activities

3. Hazard prevention and control • Engineering controls — Redesign workstation — Redesign work methods — Redesign tools and handles — Spread load weights — Implement mechanics to lift or move weights

• Administrative controls — Reduce production strain on individuals — Limit overtime — Increase number of personnel on a shift — Assign strenuous tasks according to physical capability — Train in proper carrying and lifting techniques

• Personal protective equipment (PPE) — Know when PPE is required — Ensure proper training in fit, use and care of PPE — Ensure PPE does not increase ergonomic stress — Require PPE be used or worn when appropriate

203 OSC5112618

ERGONOMICS

• Medical management — Develop an effective reporting system for all potentially

affected employees — Early identification, evaluation and treatment are essential in eliminating

or reducing risk of MSDs — Establish, if necessary, a relationship with a local occupational therapy

clinic for rehabilitation purposes — Medical management team should address the following: a. Injury and illness record keeping b. Conservative treatment process or program c. Systematic evaluation and referral d. Conservative return-to-work criteria e. Development of an ergonomic baseline

• Training and education — Training must be provided for the following: a. All affected employees b. Engineers c. Maintenance personnel d. Supervisors and managers e. Health-care providers — Training must include: a. Awareness of ergonomic hazards b. Hazard prevention and control c. Potential risk of injury based on job responsibilities d. Causes of early signs and symptoms e. Means of prevention and treatment

204OSC5112618

ERGONOMICS

Determine Ergonomic Risk Factors

Table W-1: Basic Screening Tool

Body Part Associated with MSD Incident

Risk Factors This Standard

Covers

Performing Jobs or tasks that involve:

Neck/Shoulder

Hand/Wrist/Arm

Back/Trunk/

Hip

Leg/ knee/Ankle

Repetition (1) Repeating the same motions every few seconds or repeating a cycle of motions involving the affected body part more than twice per minute for more than 2 consecutive hours in a workday.

4 4 4 4

(2) Using an input device, such as a keyboard and/or mouse for more than 4 hours total in a workday.

4 4

Force (3) Lifting more than 75 pounds at any one time; more than 55 pounds more than 10 times per day; or more than 25 pounds below the knees, above the shoulders, or at arms length more than 25 times per day.

4 4 4 4

(4) Pushing/pulling with more than 20 pounds of initial force (e.g., equivalent to pushing a 65 pound box across a tile floor or pushing a shopping cart with five 40 pound bags of dog food.) for more than 2 hours total per day.

4 4 4 4

(5) Pinching an unsupported object weighing 2 or more pounds per hand, or use of an equivalent pinching force (e.g., holding a small binder clip open) for more than 2 hours total per day.

4

(6) Gripping an unsupported object weighing 10 pounds or more per hand, or use of an equivalent gripping force (e.g., crushing the sides of an aluminum soda can with one hand) for more than 2 hours total per day.

4

205 OSC5112618

ERGONOMICS

Body Part Associated with MSD Incident

Risk Factors This Standard

Covers

Performing Jobs or tasks that involve:

Neck/Shoulder

Hand/Wrist/Arm

Back/Trunk/

Hip

Leg/ knee/Ankle

Awkward Postures

(7) Repeatedly raising or working with the hand(s) above the head or the elbow(s) above the shoulder(s) for more than 2 hours total per day;

4 4 4

(8) Kneeling or squatting for more than 2 hours total per day; 4 4

(9) Working with the back, neck or wrists bent or twisted for more than 2 hours total per day (see figures)

4 4 4

Contact Stress

(10) Using the hand or knee as a hammer more than 10 times per hour for more than 2 hours total per day;

4 4

Vibration (11) Using vibrating tools or equipment that typically have high vibration levels (such as chainsaws, jack hammers, percussive tools, riveting or chipping hammers) for more than 30 minutes total per day;

4 4 4

(12) Using tools or equipment that typically have moderate vibration levels (such as jig saws, grinders, or sanders) for more than 2 hours total per day.

4 4

206OSC5112618

ERGONOMICS

Prevent Violence in the WorkplaceCalifornia Labor Code 6400 requires that “every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.” A written, effective Injury and Illness Prevention (IIP) Program is required for every California employer. Therefore, it is prudent for employers to assess and address potential violence in the workplace.

Consider the four types of workplace violence as defined in Directive Number CPL 02-01-052:

1. Type 1—Criminal intent This group accounted for 31 percent of all acts of all workplace homicides.

These acts are typically experienced in retail robberies, in other situations where employees come in contact with the general public or when significant amounts of cash are on the premises.

2. Type 2—Customer/client/patient This group accounted for 20 percent of all workplace homicides, but this

category accounts for a majority of nonfatal workplace violence incidents. Typically, these perpetrators are known to the victims and have a business or professional reason to have contact with the victim. Social workers, home-care nurses, teachers, police officers and doctors are examples of employees who become victims of client perpetrators. Typically, cash is rarely involved in these client acts of violence, but drugs or alcohol are frequently involved.

3. Type 3—Co-worker This group accounted for approximately 15 percent of all workplace

homicides. While this group is statistically the smallest of the three, it causes approximately 34 percent of all workplace homicides.

4. Type 4—Personal Violence in the workplace by someone who does not work there, but who

is known to, or has a personal relationship with, an employee. This category includes victims of domestic violence assaulted or threatened while at work and accounted for 7 percent of all workplace homicides in 2014.

Source: U.S. Bureau of Labor Statistics, 2015. 207 OSC5112618

WORkPLACE VIOLENCE

Who’s at Greatest Risk? 1. Companies that deal with the general public 2. Companies that deal in and have significant amounts of cash in

the workplace 3. Individuals who deal with unstable or volatile people (e.g., those in social

services, criminal justice employees, law enforcement, mental-health workers) 4. Individuals who deliver passengers and goods 5. Individuals who work alone 6. Individuals who work at night 7. Women who work alone or at night

Develop a Workplace Violence Prevention Program

Guidelines 1. Most important: Get a commitment from management 2. Perform the worksite hazard analysis 3. Explore the company’s history relative to previous incidents. Determine,

where possible, the cause and nature of the incident. 4. Determine which engineering controls must be implemented 5. Determine which work practices and administrative controls must

be implemented 6. Survey employees! They’ll probably have a lot to offer. 7. Develop a communication structure or process to head off incidents 8. Develop support or counseling programs for those employees now in need.

Have facilities in place to support the victims should there be an incident of violence.

9. Determine whether an individual or safety committee will be in charge of the program

10. Put the entire program in writing 11. Train all employees in this program. Maintain records of your efforts. 12. Conduct drills and rehearsals. Knowing what to do in the event of an

emergency will save lives!

208OSC5112618

WORkPLACE VIOLENCE

The Hierarchy of Prevention Starts With Engineering Controls

Questions Regarding Security Protocols• Are necessary physical facilities and barriers in place to inhibit violence

from outside?• Is the locking and general security structure adequate to prevent or

inhibit penetration?• Are visitors to our facility properly cleared?• Do open work areas allow for emergency exit?• Is cash properly managed on the property (with timely cash drops and

time locks)?

Security Devices 1. ID badges or security cards 2. Biometrics 3. X-ray scanners 4. Closed-circuit cameras and videos

5. Coded door locks or keyless entry 6. Adequate security lighting 7. Hotline security telephones 8. Silent alarms

Administrative Controls

The Human Resources Function 1. Is due diligence practiced in hiring and general employee practices? 2. Has proper screening been used to avoid the hiring of violence-

prone personnel? 3. Does HR have sufficient awareness of the legal protections available? 4. Are candidates properly evaluated for employment? 5. Have adequate background checks been performed on candidates

for employment? 6. Is an intervention structure in place to handle employee reports? 7. Have problem employees been moved onto a disciplinary track soon enough? 8. Does HR have the knowledge to conduct an intervention and effect the

proper referrals for outside assistance?

Scheduling and Staffing• Are any employees working alone or late at night?• Is proper security in place for those employees?• Are employees required to carry cash to and from the workplace?• Have all employees at greatest risk been trained?• Do all employees understand company policy as it pertains to their security?

209 OSC5112618

WORkPLACE VIOLENCE

Personal Protective Equipment• Body armor

Behavioral Strategies—Training• All levels—management, supervisors and employees• Nonviolent response and conflict resolution • Referral to employee assistance• Policy—tolerance allowed

210OSC5112618

WORkPLACE VIOLENCE

Accident Investigation Overview and Procedures

Accident DefinitionAn accident is the unplanned and unwanted result of operational error.

The Nature of an Accident InvestigationAn accident investigation is a systematic effort to establish all relevant facts and interpretations regarding how and why an accident occurred. The knowledgeable investigator knows in advance the general kinds of information needed. He or she tries to get that information from all available sources, such as the injured person, witnesses, information at the accident scene and even reenactment of the accident when necessary. He or she will not accept what people say at face value. Instead, he or she evaluates the plausibility and soundness of the information by applying the yardstick of experience, knowledge and judgment. Then, the investigator reports his or her version of what occurred, how it occurred, why it occurred and what must be done to prevent accident recurrence.

The Purpose of an Accident Investigation• More than completing an accident report form• More than a faultfinding process

The real purpose of an investigation is to establish all relevant facts and opinions as to how and why an accident occurred so conclusions can be drawn about what must be done to prevent recurrence. Preventing recurrence is the true objective of the accident investigation. Every accident investigator should keep that in mind. The search for accident facts is really the search for a solution to prevent recurrence.

211 OSC5112618

ACCIDENT INVESTIGATIONS

Why Do Accidents Occur?

Identify the Relationship Between Behavior and Situational RiskAccidents are a failure of people to cope with their environment or situational risk. In carrying out any task, individuals perform at various levels of skill, sometimes at a high level and sometimes in a reckless manner.

• Performance levels: Individuals all have good days and bad days, highs and lows, ups and downs. It is this variance in performance levels that can cause failure to meet the demands of the job. Different jobs require different skill levels, and while some tasks have little risk, some have very high-risk potential. If ill, upset, distracted or preoccupied by other matters, employees’ decreased awareness can affect performance levels.

• System demands: These, too, are in a constant state of flux. Machinery demands, schedule demands, stamina demands and the inherent situational risks are present for each task. The graph below illustrates how behaviors (performance) may fluctuate along with the changes in system demands.

When a person cannot cope with these demands, an accident occurs.

Situational risk and system demands are reasonably easy to control. It is the human input that is difficult to predict and control. That is why more than 90 percent of all accidents are due to the human factors of error, failure or unsafe action.

212OSC5112618


Investigative ProceduresThe procedures used in a particular investigation depend on the nature and result of the accident. The agency with jurisdiction for the location determines the administrative procedures. In general, responsible officials will appoint an individual to be in charge of the investigation. The investigator will use most of the following steps.

1. Define the scope of the investigation.

2. Select the investigators. Assign specific tasks to each (preferably in writing).

3. Present a preliminary briefing to the investigating team, including: • Description of the accident, with damage estimates • Normal operating procedures • Maps (local and general) • Location of the accident site • List of witnesses • Events that preceded the accident

4. Visit the accident site to get updated information.

5. Inspect the accident site. • Secure the area. Do not disturb the scene unless a hazard exists. • Prepare necessary sketches and photographs. Label each carefully and keep

accurate records.

6. Interview each victim and witness. Also interview those who were present before the accident and those who arrived at the site shortly after the accident. Keep accurate records of each interview. Use a … recorder if desired and if approved.

7. Determine the following: • What was not normal before the accident occurred? • Where did the abnormality occur? • When was it first noted? • How did it occur?

213 OSC5112618


8. Analyze the data obtained in step seven. Repeat any of the prior steps, if necessary.

9. Determine the following: • Why the accident occurred • A likely sequence of events and probable causes (direct, indirect, basic) • Alternative sequences

10. Check each sequence against the data from step seven.

11. Conduct a post-investigation briefing.

12. Prepare a summary report, including the recommended action to prevent a recurrence. Distribute the report according to applicable instructions.

214OSC5112618


Recording and Reporting Occupational Injuries and Illnesses (Section 14300)

CCR Title 8 Chapter 7 Section 14300

29 CFR 1904—Reporting and Recording Occupational Injuries and IllnessesOSHA requires the Secretary of Labor to adopt regulations pertaining to two areas of record keeping.

Section 8(c)(1) of the Act authorizes the Secretary of Labor to develop regulations requiring employers to keep and maintain records regarding correcting hazardous workplace conditions on their own.

Section 8(c)(2) of the Act requires the Secretary to issue regulations requiring employers to “maintain accurate records of, and to make periodic reports on, work-related deaths, injuries, and illnesses other than minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.”

PurposeDistinct functions or uses of occupational injury and illness records are as follows:

• Records provide information to employers whose employees are being injured or made ill by hazards in their workplace

• The records required by the recordkeeping rule are also an important source of information for OSHA

• Finally, the injury and illness records required by the OSHA recordkeeping rule are the source of the Bureau of Labor Statistics-generated national statistics on workplace injuries and illnesses, as well as on the source, nature and type of these injuries and illnesses

215 OSC5112618

REPORTING AND RECORDING OCCUPATIONAL INJURIES AND ILLNESSES

1904.0 PurposeThe purpose of this rule (Part 1904) is to require employers to record and report work-related fatalities, injuries and illnesses.

Note: Recording or reporting a work-related injury, illness or fatality does not mean that the employer or employee was at fault, an OSHA rule has been violated or the employee is eligible for workers’ compensation or other benefits.

Who Is Covered?Employers with 11 or more employees who are in the SIC code or NAICS code required by 14300

Standard Industrial Classification Codes (SIC Codes)SIC codes are numerical codes designed by the U.S. government in order to create uniform descriptions of business establishments. SIC codes are arranged in a very structured, hierarchical manner.

Companies are able to search SIC information on the OSHA Web site.

North American Industrial Classification System (NAICS)In 1999, the U.S. government started transitioning away from collecting business statistics based on SIC codes and began to use a new system, the NAICS codes.

NAICS and SIC are similar in concept, but the newer NAICS codes always contain six digits and cover a much wider variety of industries, technologies, products and services.

Coverage• All employers covered by the Act, regardless of size or SIC code, must comply

with the recording requirements related to fatalities or severe injuries.• All employers covered by the Act, regardless of size or SIC code, must comply

with the reporting requirements if notified by an authorized agency (Bureau of Labor Statistics or OSHA) to do so for a specific year.

• All employers with 11 or more workers during the immediately preceding calendar year must comply with the recording requirements unless the establishment is classified as a partially exempt industry under 14300.2.

216OSC5112618


Reporting Catastrophes

Section 342(a)—Reporting Work-Connected Fatalities and Serious InjuriesEvery employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment.

Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.

Section 330(h)“Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway.

Establishments

DefinedOSHA defines the work environment as “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations but also the equipment or materials used by the employee during the course of his or her work.”

217 OSC5112618


Location of Records

Section 14300.30(a)—Basic RequirementYou must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.

The records required for employees and “subcontractor employees” who report to, or work at, a single establishment—such as a factory, construction site, store, hospital, warehouse or office—shall be kept at the establishment.

The records for employees who report to a particular establishment but work elsewhere shall be kept at the establishment where the employees report each day.

For employees who normally report to one establishment but are injured or become ill at another establishment within the same company, a recordable injury or illness shall be entered on the log of the establishment at which they were injured or became ill.

Records for employees who do not report to any establishment on a regular basis may be kept at the transient worksite(s) for each operation or group of operations or they may be kept at an established central location by:

• Having the address and telephone number of the central location available at each worksite

• Having personnel available at the central location during normal business hours to provide information from the records kept there

An employer may keep the OSHA Form 300 or 301 at a location other than the establishment, as long as the information is retrievable in accordance with the provisions in the final rule (four hours).

Note: The regulations allow maintaining records on electronic media.

14300.4—Recordability of Cases• Must be work-related• New case• Meets one or more of the general recording criteria of Section 14300.30.7 or

the application to specific cases of Sections 14300.8 through 14300.12

Injuries and illnesses must be recorded within seven calendar days of receiving information that a recordable injury or illness has occurred. The OSHA 300 Log must be retained for a minimum of five years.

218OSC5112618


Work-RelatedAn injury or illness is considered work-related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a pre-existing condition. Relation to work is presumed for injuries and illnesses resulting from events or exposures occurring in the workplace, unless an exception specifically applies.

Not Work-Related 1. At the time of injury or illness, the employee was present in the work

environment as a member of the general public rather than as an employee. 2. The injury or illness involves signs or symptoms that surface at work but

result solely from a non-work-related event or exposure that occurs outside the work environment.

3. The injury or illness resulted solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as a blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.

4. The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption. For example, if the employee is injured by choking on a sandwich while in the employer’s establishment, the case would not be considered work-related.

5. The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee’s assigned working hours.

6. The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted.

7. The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.

8. The illness is a common cold or flu. 9. The illness is a mental illness.

219 OSC5112618


New Case Criteria—1904.6• The employee has not previously experienced a recorded injury or illness of the

same type that affects the same part of the body, or• The employee previously experienced a recorded injury or illness of the same

type that affected the same part of the body but had recovered completely … from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.

General Recording Criteria 1. Death 2. Days away from work 3. Job transfer 4. Work restriction (light duty) 5. Loss of consciousness 6. Medical treatment beyond first aid 7. Diagnosis of significant injury or illness by a physician or other licensed

health care professional

Day Counts

Counting Days Away, Job Transfer or Restricted Work ActivityDo not count the day of the injury or onset of illness. Count all calendar days, including weekends and holidays. Cap the total days at 180.

What Is Medical Treatment?Medical treatment is the management and care of a patient to combat disease or disorder.

220OSC5112618


What Is First Aid? 1. Using a nonprescription medication at nonprescription strength 2. Administering tetanus immunizations 3. Cleaning, flushing or soaking wounds on the surface of the skin 4. Using wound coverings, such as bandages, Band-Aids™, etc.; or using

butterfly bandages or Steri-Strips™ 5. Using hot or cold therapy 6. Using any non-rigid means of support, such as elastic bandages, wraps,

non-rigid back belts, etc. 7. Using temporary immobilization devices while transporting an

accident victim 8. Drilling of a fingernail or toenail to relieve pressure, or draining fluid from

a blister 9. Using eye patches 10. Removing foreign bodies from the eye using only irrigation or a cotton swab 11. Removing splinters or foreign material from areas other than the eye by

irrigation, tweezers, cotton swabs or other simple means 12. Using finger guards 13. Using massages 14. Drinking fluids for relief of heat stress

Anything else must be considered “medical treatment” and must be entered on the OSHA 300 Log.

221 OSC5112618


Privacy Concern Case Determination—14300.29(b)(7) (A) An injury or illness to an intimate body part or the reproductive system; (B) An injury or illness resulting from a sexual assault; (C) Mental illness; (D) HIV infection, hepatitis, or tuberculosis; (E) Needlestick injuries and cuts from sharp objects that are contaminated with

another person’s blood or other potentially infectious material; and (F) Other illnesses, if the employee independently and voluntarily requests that

his or her name not be entered on the log

Recording Needlestick and Sharps InjuriesAll work-related needlestick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material must be entered on the OSHA 300 Log as an injury. Do not enter the employee’s name. Enter the words “privacy case” instead.

Medical RemovalEnter each medical removal as a case involving days away from work or a case involving restricted work activity. If the medical removal is the result of a chemical exposure, it must be entered as a case on the OSHA 300 Log (put a check in the poisoning column).

Occupational Hearing LossIf an employee’s audiogram reveals that a standard threshold shift (STS) of 10 dB or more at 2,000, 3,000 and 4,000 Hz in one or both ears has occurred, record the case on the OSHA 300 Log by placing a check in the hearing loss column.

Tuberculosis CaseIf an employee is or has been exposed to anyone with a known case of active tuberculosis (TB), and that employee subsequently develops a TB infection as evidenced by a positive skin test or diagnosis by a physician or other licensed health-care professional, the case must be recorded on the OSHA 300 Log by placing a check in the respiratory condition column.

222OSC5112618


If an employee experiences a work-related MSD, such as carpal tunnel syndrome, rotator cuff syndrome or trigger finger, the case must be recorded on the OSHA 300 Log by placing a check in the musculoskeletal disorders column.

Update previously recorded injury or illness entry.

No

NoYes

Yes

Yes

YesNo

Record the injury or illness.

Do not record the injury or illness.

Does the injury or illness meet the general recording criteria or the application of

specific cases?

Did the employee experience an

injury or illness?

Is the injury or illness work-related?

Is the injury or illness a new case?

No

223 OSC5112618


224OSC5112618


225 OSC5112618


226OSC5112618


New Final Rule to Improve Tracking of Workplace Injuries and IllnessesThe final rule became effective January 1, 2017, and requires employers in certain industries to electronically submit OSHA injury and illness data that they are already required to keep under existing OSHA regulations.

The requirement applies to the following:

• Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information from OSHA Forms 300—Log of Work-Related Injuries and Illnesses, 300A—Summary of Work-Related Injuries and Illnesses and 301—Injury and Illness Incident Report

• Establishments with 20 – 249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses must electronically submit information from OSHA Form 300A

The electronic submission requirements do not change an employer’s obligation to complete and retain injury and illness records.

Data submission from OSHA Forms 300—Log of Work-Related Injuries and Illnesses, 300A—Summary of Work-Related Injuries and Illnesses and 301—Injury and Illness Incident Report for these establishments will be phased in as follows:

Submission year

Establishments with 250 or more employees

Establishments with 20-249 employees

Submission deadline

2016 Form 300A Form 300A December 31, 2017

2017 Forms 300A, 300, 301 Form 300A July 1, 2018

Beginning in 2019, the submission deadline will be changed from July 1st to March 2nd.

States that operate their own job safety and health programs, also called OSHA State Plan states, must adopt requirements that are substantially identical to the requirements in this rule within six months after publication of the final rule.

227 OSC5112618


Employees’ Right to Report Free From Retaliation The rule also contains three provisions to promote complete and accurate reporting of work-related injuries and illnesses.

• Employers must inform employees of their right to report work-related injuries and illnesses free from retaliation. This obligation may be met by posting the OSHA Job Safety and Health: It’s the Law worker rights poster from April 2015 or later (www.osha.gov/Publications/poster.html).

• An employer’s procedure for reporting work-related injuries and illnesses must be reasonable and must not deter or discourage employees from reporting

• An employer may not retaliate against employees for reporting work-related injuries or illnesses

228OSC5112618


Make the Determination

Applied Learning

Case Study 1A small cleaning-service firm normally has nine employees. Typically, the employees report directly to the job site from home. During one year, this firm hired two temporary employees for one day to meet a job deadline. The next year, the firm employed only nine employees.

1. Should this firm have kept an OSHA 300 Log during the first year?

2. Should this firm have kept an OSHA 300 Log during the second year?

Case Study 2Busy Bee Company has several operational facilities (approximately 50 employees at each location), each with its own management and separate location. However, all facilities utilize the same medical and personnel departments.

1. Are separate records (OSHA 300 Logs) required for each of these facilities?

2. One of the facilities hired some temporary workers from a temp agency for a few days to catch up on some backlog. For recordability purposes, should the temp workers be recorded on Busy Bee Company 300 Logs or the temp agency’s 300 Logs in the event of a recordable injury?

3. An employee falls and “blacks out” for a few seconds. The employee had no lacerations or disabling results from this fall and returned to full work on the same day. The employee never had any other problems as a result of the fall. Is this recordable?

229 OSC5112618


Case Study 3 1. Two workers were engaged in horseplay when one sustained a broken arm. Is

this recordable?

2. If this employee went to the hospital for X-rays, had no broken arm and returned to work the next day, is this recordable?

3. While rushing to the office in the morning, an employee turns her ankle in a hole in the company parking lot and is off work for three days. Is this recordable?

Case Study 4 1. While having lunch in the company cafeteria, an employee was stabbed by

her disgruntled spouse. The stab wound required stitches. Is this recordable?

2. If the employee receives first aid on-site (the wound is cleaned, and a butterfly bandage is applied) and returns to normal work the same day, is this recordable?

3. While participating in the company’s annual golf outing, an employee hits himself in the head with his club and is knocked unconscious. Is this recordable?

230OSC5112618


Case Study 5 1. An employee receives a minor puncture wound from a nail and receives first

aid (wash/disinfect) and a tetanus shot before returning to work the same day. Is this recordable?

2. The employee (in question 1, above) did not receive any treatment and returned to full work immediately, but the wound subsequently became infected and required medical treatment. Should this be recorded and, if so, should it be recorded as an illness?

3. Arthur, a driver for Acme Products, was involved in an auto accident while performing work duties. Although he had no injuries, he was sent to the hospital for a physical examination following the accident. Is this recordable?

Case Study 6 1. An employer who normally keeps a log had an employee die on the job of

what was discovered to be a heart attack. Is this recordable and, if so, how would it be entered on the 300 Log?

2. A large employer with employees working on a construction site had an employee who received a gunshot wound from an angry mob of local residents protesting the new construction project in their neighborhood. Is this recordable?

3. A temporary employee sustains a broken leg on the day his job is scheduled to end. Is this recordable and, if so, how should it be recorded?

231 OSC5112618


Case Study 7An employee sustained an injury at work as the workday ended. The employee went to her doctor at night and was given prescription medication and told to remain home for three to four days. The employee simply called in sick for those days and returned to work at the end of that time without mentioning anything to her supervisor. When the injury began to give the employee some discomfort and flared up several weeks later, the employee then notified her supervisor.

1. Should this now be recorded?

2. What is the required time frame to enter the injury on the 300 Log?

3. Suppose a new calendar year is under way with a new 300 Log. How should the entry be handled?

Case Study 8An employee gets a piece of metal in his eye, so he goes to the clinic. His eye is flushed, and he is told to wear an eye patch for three days. Would this be a recordable case?

Case Study 9Mike stops by the office on his day off to pick up his paycheck. He slams his finger in the door and breaks his finger. Is this a recordable case?

232OSC5112618


Case Study 10A worker who briefly loses consciousness is sent to the medical center for observation. The worker is released after four hours with no medical treatment provided. Is this a recordable case?

Case Study 11Barb has her annual audiogram. Her current test shows readings of 15, 25 and 35 at 2,000, 3,000 and 4,000 Hz. Her baseline audiogram shows 5, 10 and 5 at the same levels, respectively. Is this a recordable case?

Case Study 12Tom has a known reaction to a chemical used in his work area. He is permanently transferred to another job to prevent exposure and reaction. Is this considered OSHA recordable?

Bonus Case StudyGeorge and Jose both work for Arbus Co. As both men were leaving for the day, George’s supervisor asked him to drop a company letter off at the mailbox on the way home. When they reached the parking lot, George’s wife offered Jose a ride home, and Jose accepted. As the trio drove out of the parking lot, their car was struck by a truck. All three were hospitalized as a result of the incident.

1. Does this incident have to be reported to OSHA within eight hours?

2. Are George’s or Jose’s injuries recordable?

3. Are George’s wife’s injuries recordable?

233 OSC5112618


234OSC5112618


Employers must keep a log for each establishment or site. If you have more than one establishment, you must keep a separate log and summary for each physical location that is expected to be in operation for more than one year or longer.

Cases listed on Form 300 are not necessarily eligible for workers’ compensation or other insurance. Listing a case does not necessarily mean that the employer or worker was at fault or that an OSHA standard was violated.

Privacy Concern CasesYou must not enter the worker’s name for these cases. Instead, enter “privacy case” in the space normally used for the employee’s name. You must keep a separate, confidential list of the case numbers and employee names for the establishment’s privacy concern cases so that you can update the cases and provide information to the government if asked to do so.

Circumstances under which you do not enter the employee’s name:• An injury or illness to an intimate body part or to the reproductive system;• An injury or illness resulting from a sexual assault;• A mental illness;• A case of HIV infection, hepatitis, or tuberculosis;• A needlestick injury or cut from a sharp object that is contaminated with blood or

other potentially infectious material; and• Other illnesses, if the employee independently and voluntarily requests that his or her

name not be entered on the logMusculoskeletal disorders are not considered privacy concern cases.

Be as specific as possible. You can use two lines if you need more room.

Treat information in a confidential manner to the extent possible.

Enter Unique NumbersFor example: 2002-1, 2002-2 … or 1, 2, 3 … . This number must also be entered on the corresponding Incident Report (Form 301).

235 OSC5112618


Death

Days away from work

Remained at work

• Choose one of these categories• Classify the case by recording the most serious

outcome of the case, with column J (Other recordable cases) being the least serious and column G (Death) being the most serious

Revise the log if the injury or illness progresses and the outcome is more serious than you originally recorded for the case. Cross out, erase or white out the original entry.

236OSC5112618


• Count the number of calendar days the employee was on restricted work activity or was away from work as a result of the recordable injury or illness

• In this number, do not count the day on which the injury or illness occurred

• Begin counting days from the day after the incident occurs• If a single injury or illness involved both days away from work and days

of restricted work activity, enter the total number of days for each• You may stop counting days of restricted work activity or days away

from work once the total of either or the combination of both reaches 180 days

On-the-job transfer or restrictionAway

from work

237 OSC5112618


Calculating Injury and Illness Incidence RatesAn incidence rate is the number of recordable injuries and illnesses occurring among a given number of full-time workers (usually 100) over a given period of time (usually one year). It is used to evaluate your firm’s injury and illness experience over time or to compare your firm’s experience with that of your industry as a whole.

Worksheet

Total number of recordable injuries and illnesses in your establishment

Total recordable cases incidence rate

÷ × 200,000 =

Hours worked by all your employees

Total number of recordable injuries and illnesses with a check mark in column H or column I

DART incidence rate

÷ × 200,000 =

Hours worked by all your employees

238OSC5112618


Notes

239 OSC5112618


Appendix A: Rate Your OrganizationPlace a check mark next to the answer you think best reflects the policies and practices of most organizations.

Machines People

________ _______ 1. On what does the average organization spend more money?

________ _______ 2. Which costs more to repair?

________ _______ 3. On which do organizations pay workers’ compensation?

________ _______ 4. Which may sue if it gets broken?

________ _______ 5. For which is a preventive maintenance program in place?

Training Is Preventive Maintenance for People!

APPENDIX

OSC5112618 240

Appendix B: Voluntary Use of Respirators

Section 5144: Respirators

Information for Employees Using Respirators When Not Required Under the Standard (Mandatory)Respirators are an effective method of protection against designated hazards when properly selected and worn. Respirator use is encouraged even when exposures are below the exposure limit, to provide an additional level of comfort and protection for workers. However, if a respirator is used improperly or not kept clean, the respirator itself can become a hazard to the worker. Sometimes, workers may wear respirators to avoid exposures to hazards, even when the amount of hazardous substance does not exceed the limits set by OSHA standards. If your employer provides respirators for your voluntary use, or if you provide your own respirator, you need to take certain precautions to be sure that the respirator itself does not present a hazard.

You should do the following:

1. Read and heed all instructions provided by the manufacturer on use, maintenance, cleaning and care, and warnings regarding the respirator’s limitations.

2. Choose respirators certified for use to protect against the contaminant of concern. NIOSH, the National Institute for Occupational Safety and Health of the U.S. Department of Health and Human Services, certifies respirators. A label or statement of certification should appear on the respirator or respirator packaging. It will tell you what the respirator is designed for and how much it will protect you.

3. Do not wear your respirator into atmospheres containing contaminants for which your respirator is not designed to protect against. For example, a respirator designed to filter dust particles will not protect you against gases, vapors, or very small solid particles of fumes or smoke.

4. Keep track of your respirator so that you do not mistakenly use someone else’s respirator.

APPENDIX

OSC5112618241

Appendix C: Workplace ViolenceThe points listed below comprise something of a negative list. It has been created over time as a result of many incidents of workplace violence. Upon investigation by the proper authorities, the points became prominent in a listing of possible contributors to workplace violence.

Organizational Factors 1. A weak or nonexistent management policy against all forms of

workplace violence 2. Failure of management to clearly state the types of behavior that are

unacceptable in that workplace 3. Absence of workplace-violence training 4. Lack of awareness of the potential for workplace violence 5. Ignoring early warning signs 6. Not knowing how to handle a situation or incident of violence 7. Not knowing the effectiveness of any of the various engineering controls and

the absolute need to utilize them 8. Negligent HR practices 9. Negligent hiring practices or failure to practice due diligence 10. Negligent training 11. Poor supervisory training—too many supervisors in over their heads 12. Failure to implement and practice an effective disciplinary process

for offenders 13. Retaining problem employees beyond the bounds of the discipline process 14. No employee or facility “survival training” (i.e., what to do when something

goes terribly wrong) 15. An ineffective or nonexistent company or facilitywide reporting structure—

early warning signs or signals not being passed on to the appropriate personnel 16. No in-house or outside counseling or support system 17. A failure to take immediate disciplinary action at the first act, sign or

indication of violence 18. Failure to monitor the problem employee, especially one who has already

exhibited warning signs 19. Failure to warn employees in the danger zone of impending violence

APPENDIX

OSC5112618 242

20. No working relationship with local law-enforcement personnel and no contingency plan for utilizing their services

21. Inadequate physical security or engineering controls in place 22. An autocratic or abusive style of management 23. Tolerating an atmosphere of indignity, bigotry, sexual harassment, disrespect

or obvious disregard for company safety policy 24. Failure to resolve ongoing workplace issues 25. Failure to effect any engineering or administrative controls after an incident

has occurred 26. Poor handling of downsizing or layoffs 27. Failure to monitor stress placed on remaining employees when layoffs

have occurred

Personal History and Traits of a Perpetrator 1. Has a migratory work and job history 2. Has prior involvement in workplace violence 3. Has a history of violence outside the workplace 4. Is chronically disgruntled and shows disdain for authority 5. Does not take criticism well and may have contempt for the boss 6. Externalizes blame and never assumes any responsibility for problems 7. Views change as a personal affront 8. Is paranoid and suspicious of others’ motives 9. Views violence or intimidation as a legitimate means to an end 10. Holds grudges 11. Pushes the limits of normally acceptable behavior or conduct 12. Will likely be a loner or a socially isolated individual with few

personal outlets 13. Has a history of unresolved psychological problems or personality disorders 14. Will often be a zealot, whether of a political, religious or racial nature 15. Will often be a substance abuser—could be alcohol or drugs 16. Will often be a domestic abuser or victim of domestic abuse (Often, domestic

violence will spill over into the workplace.)

APPENDIX

OSC5112618243

Obsessions• Obsessive involvement with own employment to the exclusion of all else• Obsessive-compulsive behavior (e.g., unnatural neatness, order, cleanliness—

one who demonstrates a belief that his or her standards are far superior to all others)

• Unwarranted sense of entitlement• Romantic or sexual obsessions• Obsessions with and possession of, or access to, weapons or

paramilitary training• Obsession with other acts of workplace violence—sees them as “justified”

Indicators of Violence

Be sensitive to and watch for: 1. Newly acquired negative traits 2. Sudden withdrawal from current circle of friends or acquaintances 3. An inability to concentrate 4. Sudden decrease in productivity 5. Newly acquired poor personal hygiene 6. Problems with attendance or tardiness 7. Overreaction to stimuli or poor impulse control 8. Inappropriate affect—inappropriate displays of affection, sorrow,

frustration, etc. 9. Threats of sabotage against property of employer or fellow employees 10. Actual threats or intimidation of others 11. Mentioning or discussing the harassing or stalking of others 12. Immediate or delayed violent reaction to discipline or termination “revenge” 13. Sudden divestment of valued personal property or other indicators of

impending suicide 14. Demonstration of feelings of extreme depression 15. Acknowledgment of marital discord, financial distress, etc.

Please use these indicators in a positive, constructive manner. They may not be helpful in identifying an individual who has problems and is in need of help. They may not, in fact, be an indication of any intention of perpetrating violence in the least!

APPENDIX

OSC5112618 244

DOSH Injury and Illness Prevention Model Program

For Workplace SecurityNote: No one is required to use this Model Program. However, if you determine that workplace security hazards exist in your workplace, you may want to use some or all of this Model Program or develop your own program independently.

Our establishment’s IIP Program for Workplace Security addresses the hazards known to be associated with the three major types of workplace violence. Type I workplace violence involves a violent act by an assailant with no legitimate relationship to the workplace who enters the workplace to commit a robbery or other criminal act. Type II involves a violent act or threat of violence by a recipient of a service provided by our establishment, such as a client, patient, customer, passenger or a criminal suspect or prisoner. Type III involves a violent act or threat of violence by a current or former worker, supervisor or manager, or another person who has some employment-related involvement with our establishment, such as an worker’s spouse or lover, a worker’s relative or friend, or another person who has a dispute with one of our workers.

ResponsibilityWe have decided to assign responsibility for security in our workplace. The IIP Program administrator for workplace security is ______________________________ and has the authority and responsibility for implementing the provisions of this program for ______________________________.

All managers and supervisors are responsible for implementing and maintaining this IIP Program in their work areas and for answering worker questions about the IIP Program. A copy of this IIP Program is available from each manager and supervisor.

ComplianceWe have established the following policy to ensure compliance with our rules on workplace security.

Management of our establishment is committed to ensuring that all safety and health policies and procedures involving workplace security are clearly communicated and understood by all workers.

All workers are responsible for using safe work practices, for following all directives, policies and procedures, and for assisting in maintaining a safe and secure work environment. Our system of ensuring that all workers, including supervisors and managers, comply with work practices that are designed to make the workplace more secure, and do not engage in threats or physical actions which create a security hazard for others in the workplace, include:

1. Informing workers, supervisors and managers of the provisions of our IIP Program for Workplace Security

2. Evaluating the performance of all workers in complying with our establishment’s workplace security measures

3. Recognizing workers who perform work practices which promote security in the workplace

4. Providing training and/or counseling to workers whose performance is deficient in complying with work practices designed to ensure workplace security

5. Disciplining workers for failure to comply with workplace security practices

6. The following practices that ensure worker compliance with workplace security directives, policies and procedures: ________________________

APPENDIX

OSC5112618245

CommunicationAt our establishment, we recognize that to maintain a safe, healthy and secure workplace we must have open, two-way communication between all workers, including managers and supervisors, on all workplace safety, health and security issues. Our establishment has a communication system designed to encourage a continuous flow of safety, health and security information between management and our workers without fear of reprisal and in a form that is readily understandable. Our communication system consists of the following checked items:

• New worker orientation on our establishment’s workplace security policies, procedures and work practices

• Periodic review of our IIP Program for Workplace Security with all personnel

• Training programs designed to address specific aspects of workplace security unique to our establishment

• Regularly scheduled safety meetings with all personnel that include workplace security discussions

• A system to ensure that all workers, including managers and supervisors, understand the workplace security policies

• Posted or distributed workplace security information

• A system for workers to inform management about workplace security hazards or threats of violence

• Procedures for protecting workers who report threats from retaliation by the person making the threats

• Addressing security issues at our workplace security team meetings

• Our establishment has fewer than 10 workers and communicates with and instructs workers orally about general safe work practices with respect to workplace security

• Other: _________________________________ _______________________________________ _______________________________________

Hazard AssessmentWe will be performing workplace hazard assessment for workplace security in the form of periodic inspections. Periodic inspections to identify and evaluate workplace security hazards and threats of workplace violence are performed by the following observer(s) in the following areas of our workplace:

Observer Area

Periodic inspections are performed according to the following schedule:

1. ________________________________ Frequency (daily, weekly, monthly, etc.)

2. When we initially established our IIP Program for Workplace Security

3. When new, previously unidentified security hazards are recognized

4. When occupational injuries or threats of injury occur

5. Whenever workplace security conditions warrant an inspection

Periodic inspections for security hazards consist of identification and evaluation of workplace security hazards and changes in worker work practices and may require assessing for more than one type of workplace violence. Our establishment performs inspections for each type of workplace violence by using the methods specified below to identify and evaluate workplace security hazards.

APPENDIX

OSC5112618 246

Inspections for Type I workplace security hazards include assessing:

1. The exterior and interior of the workplace for its attractiveness to robbers

2. The need for security surveillance measures, such as mirrors or cameras

3. Posting of signs notifying the public that limited cash is kept on the premises

4. Procedures for worker response during a robbery or other criminal act

5. Procedures for reporting suspicious persons or activities

6. Posting of emergency telephone numbers for law enforcement, fire and medical services where workers have access to a telephone with an outside line

7. Limiting the amount of cash on hand and using time access safes for large bills

8. Other: _______________________________ _____________________________________

Inspections for Type II workplace security hazards include assessing:

1. Access to, and freedom of movement within, the workplace

2. Adequacy of workplace security systems, such as door locks, security windows, physical barriers and restraint systems

3. Frequency and severity of threatening or hostile situations that may lead to violent acts by persons who are service recipients of our establishment

4. Workers’ skill in safely handling threatening or hostile service recipients

5. Effectiveness of systems and procedures to warn others of a security danger or to summon assistance, e.g., alarms or panic buttons

6. The use of work practices such as “buddy” systems for specified emergency events

7. The availability of worker escape routes 8. Other: _______________________________ _____________________________________

Inspections for Type III workplace security hazards include assessing:

1. How well our establishment’s anti-violence policy has been communicated to workers, supervisors and managers

2. How well our establishment’s management and workers communicate with each other

3. Our workers’, supervisors’ and managers’ knowledge of the warning signs of potential workplace violence

4. Access to, and freedom of movement within, the workplace by non-workers, including recently discharged workers or persons with whom one of our workers is having a dispute

5. Frequency and severity of worker reports of threats of physical or verbal abuse by managers, supervisors or other workers

6. Any prior violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace

7. Worker disciplinary and discharge procedures 8. Other: _______________________________ _____________________________________

APPENDIX

OSC5112618247

Incident InvestigationsWe have established the following policy for investigating incidents of workplace violence.

Our procedures for investigating incidents of workplace violence, which includes threats and physical injury, include:

1. Reviewing all previous incidents 2. Visiting the scene of an incident as soon

as possible 3. Interviewing threatened or injured workers

and witnesses 4. Examining the workplace for security risk

factors associated with the incident, including any previous reports of inappropriate behavior by the perpetrator

5. Determining the cause of the incident 6. Taking corrective action to prevent the incident

from recurring 7. Recording the findings and corrective

actions taken 8. Other: _______________________________ _____________________________________

Hazard CorrectionHazards which threaten the security of workers shall be corrected in a timely manner based on severity when they are first observed or discovered.

Corrective measures for Type I workplace security hazards can include:

1. Making the workplace unattractive to robbers 2. Utilizing surveillance measures, such as cameras

or mirrors, to provide information as to what is going on outside and inside the workplace

3. Procedures for the reporting suspicious persons or activities

4. Posting of emergency telephone numbers for law enforcement, fire and medical services where workers have access to a telephone with an outside line

5. Posting of signs notifying the public that limited cash is kept on the premises

6. Limiting the amount of cash on hand and using time access safes for large bills

7. Worker, supervisor and management training on emergency action procedures

8. Other: _______________________________ _____________________________________

Corrective measures for Type II workplace security hazards include:

1. Controlling access to the workplace and freedom of movement within it, consistent with business necessity

2. Ensuring the adequacy of workplace security systems, such as door locks, security windows, physical barriers and restraint systems

3. Providing worker training in recognizing and handling threatening or hostile situations that may lead to violent acts by persons who are service recipients of our establishment

4. Placing effective systems to warn others of a security danger or to summon assistance, e.g., alarms or panic buttons

APPENDIX

OSC5112618 248

5. Providing procedures for a “buddy” system for specified emergency events

6. Ensuring adequate worker escape routes 7. Other: _______________________________ _____________________________________

Corrective measures for Type III workplace security hazards include:

1. Effectively communicating our establishment’s anti-violence policy to all workers, supervisors and managers

2. Improving how well our establishment’s management and workers communicate with each other

3. Increasing awareness by workers, supervisors and managers of the warning signs of potential workplace violence

4. Controlling access to, and freedom of movement within, the workplace by non-workers, including recently discharged workers or persons with whom one of our workers is having a dispute

5. Providing counseling to workers, supervisors or managers who exhibit behavior that represents strain or pressure which may lead to physical or verbal abuse of co-workers

6. Ensure that all reports of violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace are handled effectively by management and that the person making the report is not subject to retaliation by the person making the threat

7. Ensure that worker disciplinary and discharge procedures address the potential for workplace violence

8. Other: _______________________________ _____________________________________ _____________________________________

Training and InstructionWe have established the following policy on training all workers with respect to workplace security.

All workers, including managers and supervisors, shall have training and instruction on general and job-specific workplace security practices. Training and instruction shall be provided when the IIP Program for Workplace Security is first established and periodically thereafter. Training shall also be provided to all new workers and to other workers for whom training has not previously been provided and to all workers, supervisors and managers given new job assignments for which specific workplace security training for that job assignment has not previously been provided. Additional training and instruction will be provided to all personnel whenever the employer is made aware of new or previously unrecognized security hazards.

General workplace security training and instruction includes, but is not limited to, the following:

1. Explanation of the IIP Program for Workplace Security including measures for reporting any violent acts or threats of violence

2. Recognition of workplace security hazards including the risk factors associated with the three types of workplace violence

3. Measures to prevent workplace violence, including procedures for reporting workplace security hazards or threats to managers and supervisors

4. Ways to defuse hostile or threatening situations 5. Measures to summon others for assistance 6. Worker routes of escape 7. Notification of law enforcement authorities

when a criminal act may have occurred 8. Emergency medical care provided in the event

of any violent act upon a worker 9. Post-event trauma counseling for those workers

desiring such assistance

APPENDIX

OSC5112618249

In addition, we provide specific instructions to all workers regarding workplace security hazards unique to their job assignment, to the extent that such information was not already covered in other training.

We have chosen the following checked items for Type I training and instruction for managers, supervisors and workers:

___ Crime awareness ___ Location and operation of alarm systems ___ Communication procedures ___ Proper work practices for specific workplace

activities, occupations or assignments, such as late night retail sales, taxi driver or security guard

___ Other: ______________________________ ____________________________________ ____________________________________

We have chosen the following checked items for Type II training and instruction for managers, supervisors and workers:

___ Self-protection ___ Dealing with angry, hostile or

threatening individuals ___ Location, operation, care and maintenance of

alarm systems and other protective devices ___ Communication procedures ___ Determination of when to use the “buddy”

system or other assistance from co-workers ___ Awareness of indicators that lead to violent

acts by service recipients ___ Other: ______________________________ ____________________________________ ____________________________________

We have chosen the following checked items for Type III training and instruction for managers, supervisors and workers:

___ Preemployment screening practices ___ Worker Assistance Programs ___ Awareness of situational indicators that lead to

violent acts ___ Managing with respect and consideration for

worker well-being ___ Review of anti-violence policy and procedures ___ Other: ______________________________ ____________________________________ ____________________________________

APPENDIX

OSC5112618 250

Appendix D: OSHA Regional OfficesRegion 1(CT*, MA, ME*, NH, RI,VT*)JFK Federal Building25 New Sudbury Street, Room E340Boston, MA 02203617-565-9860Region 2(NJ*, NY*, PR*, VI*)Federal Building201 Varick Street, Room 670New York, NY 10014212-337-2378Region 3(DC, DE, MD*, PA, VA*, WV)The Curtis Center — Suite 740 West170 S. Independence Mall WestPhiladelphia, PA 19106-3309215-861-4900Region 4(AL, FL, GA, KY*, MS, NC*, SC*, TN*)Sam Nunn Atlanta Federal Center61 Forsyth Street SW, Room 6T50Atlanta, GA 30303678-237-0400Region 5(IL*, IN*, MI*, MN*, OH, WI)John C. Kluczynski Federal Building230 South Dearborn Street, Room 3244Chicago, IL 60604312-353-2220

Region 6(AR, LA, NM*, OK, TX)A. Maceo Smith Federal Building525 Griffin Street, Suite 602Dallas, TX 75202972-850-4145Region 7(IA*, KS, MO, NE)Two Pershing Square Building2300 Main Street, Suite 1010Kansas City, MO 64108816-283-8745Region 8(CO, MT, ND, SD, UT*, WY*)Cesar Chavez Memorial Building1244 Speer Boulevard, Suite 551PO Box 46550Denver, CO 80204720-264-6550Region 9(AS, AZ*, CA*, GU, HI*, MP, NV*)San Francisco Federal Building90 Seventh Street, Suite 2650San Francisco, CA 94103415-625-2547Region 10(AK*, ID, OR*, WA*)Fifth & Yesler Tower300 Fifth Avenue, Suite 1280Seattle, WA 98104206-757-6700

* These states and territories operate their own OSHA-approved job safety and health plans. (Plans in Connecticut, Illinois, Maine, New Jersey, New York, and Virgin Islands cover public employees only.) States with approved plans must have a standard that is identical to, or at least as effective as, the federal standard.

APPENDIX

OSC5112618251

Appendix E: Cal/OSHA Form 1A

APPENDIX

OSC5112618 252

APPENDIX

OSC5112618253

Appendix F: Cal/OSHA Form 1BY

APPENDIX

OSC5112618 254

APPENDIX

OSC5112618255

Appendix G : Serious Violation (CA Labor Code 6432)Section 6432 is added to the Labor Code, to read:

(a) There shall be a rebuttable presumption that a “serious violation” exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. The demonstration of a violation by the division is not sufficient by itself to establish that the violation is serious. The actual hazard may consist of, among other things:

(1) A serious exposure exceeding an established permissible exposure limit. (2) The existence in the place of employment of one or more unsafe or

unhealthful practices, means, methods, operations, or processes that have been adopted or are in use.

(b) (1) Before issuing a citation alleging that a violation is serious, the division shall make a reasonable attempt to determine and consider, among other things, all of the following:

(A) Training for employees and supervisors relevant to preventing employee exposure to the hazard or to similar hazards.

(B) Procedures for discovering, controlling access to, and correcting the hazard or similar hazards.

(C) Supervision of employees exposed or potentially exposed to the hazard.

(D) Procedures for communicating to employees about the employer’s health and safety rules and programs.

(E) Information that the employer wishes to provide, at any time before citations are issued, including, any of the following:

(i) The employer’s explanation of the circumstances surrounding the alleged violative events.

(ii) Why the employer believes a serious violation does not exist. (iii) Why the employer believes its actions related to the alleged

violative events were reasonable and responsible so as to rebut, pursuant to subdivision (c), any presumption established pursuant to subdivision (a).

(iv) Any other information that the employer wishes to provide.

APPENDIX

OSC5112618 256

(2) The division shall satisfy its requirement to determine and consider the facts specified in paragraph (1) if, not less than 15 days prior to issuing a citation for a serious violation, the division delivers to the employer a standardized form containing the alleged violation descriptions (“AVD”) it intends to cite as serious and clearly soliciting the information specified in this subdivision. The director shall prescribe the form for the alleged violation descriptions and solicitation of information. Any forms issued pursuant to this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(c) If the division establishes a presumption pursuant to subdivision (a) that a violation is serious, the employer may rebut the presumption and establish that a violation is not serious by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation. The employer may accomplish this by demonstrating both of the following:

(1) The employer took all the steps a reasonable and responsible employer in like circumstances should be expected to take, before the violation occurred, to anticipate and prevent the violation, taking into consideration the severity of the harm that could be expected to occur and the likelihood of that harm occurring in connection with the work activity during which the violation occurred. Factors relevant to this determination include, but are not limited to, those listed in subdivision (b).

(2) The employer took effective action to eliminate employee exposure to the hazard created by the violation as soon as the violation was discovered.

(d) If the employer does not provide information in response to a division inquiry made pursuant to subdivision (b), the employer shall not be barred from presenting that information at the hearing and no negative inference shall be drawn. The employer may offer different information at the hearing than what was provided to the division and may explain any inconsistency, but the trier of fact may draw a negative inference from the prior inconsistent factual information. The trier of fact may also draw a negative inference from factual information offered at the hearing by the division that is inconsistent with factual information provided to the employer pursuant to subdivision (b), or from a failure by the division to provide the form setting forth the descriptions of the alleged violation and soliciting information pursuant to subdivision (b).

APPENDIX

OSC5112618257

(e) “Serious physical harm,” as used in this part, means any injury or illness, specific or cumulative, occurring in the place of employment or in connection with any employment, that results in any of the following:

(1) Inpatient hospitalization for purposes other than medical observation. (2) The loss of any member of the body. (3) Any serious degree of permanent disfigurement. (4) Impairment sufficient to cause a part of the body or the function of an

organ to become permanently and significantly reduced in efficiency on or off the job, including, but not limited to, depending on the severity, second-degree or worse burns, crushing injuries including internal injuries even though skin surface may be intact, respiratory illnesses, or broken bones.

(f ) Serious physical harm may be caused by a single, repetitive practice, means, method, operation, or process.

(g) A division safety engineer or industrial hygienist who can demonstrate, at the time of the hearing, that his or her division-mandated training is current shall be deemed competent to offer testimony to establish each element of a serious violation, and may offer evidence on the custom and practice of injury and illness prevention in the workplace that is relevant to the issue of whether the violation is a serious violation.

APPENDIX

OSC5112618 258

Appendix H: Specific Federal and Cal/OSHA Standards That Mandate TrainingEmergency Action Plan ..............................................29 CFR 1910.38 3220

Fire Prevention Plan ...................................................29 CFR 1910.39 3221

Operations of Powered Platforms ...............................29 CFR 1910.66 3646

Hearing Protection ......................................................29 CFR 1910.95 5099

Storage of Flammable and Combustible Liquids .......29 CFR 1910.106 5164

Explosives or Blasting Agents .....................................29 CFR 1910.109 5239

Process Safety Management of Highly Hazardous Chemicals .................................................29 CFR 1910.119 5189

Hazardous Waste Operations and Emergency Response ..................................................29 CFR 1910.120 5192

Respiratory Protection ................................................29 CFR 1910.134 5144

Accident Prevention Signs and Tags ...........................29 CFR 1910.145 3341

Permit-Required Confined Space ...............................29 CFR 1910.146 5157

Control of Hazardous Energy .....................................29 CFR 1910.147 3314

Medical Services and First Aid ...................................29 CFR 1910.151 3400

Portable Fire Extinguishers .........................................29 CFR 1910.157 6151

Fire Extinguishing System(s) ......................................29 CFR 1910.160 6175

Servicing of Multi-Piece and Single Piece Rim Wheels .......................................................29 CFR 1910.177 3326

Powered Industrial Trucks ...........................................29 CFR 1910.178 3668

Mechanical Power Presses ...........................................29 CFR 1910.217 4203

Welding .......................................................................29 CFR 1910.253 4799

Electrical Safety Related Work ...................................29 CFR 1910.332 2320

Bloodborne Pathogens ................................................29 CFR 1910.1030 5193

Hazard Communication .............................................29 CFR 1910.1200 5194

APPENDIX

OSC5112618259

Notes

Notes

Career skills only from our bookstore ...Training is our only business. That’s why our books and videos are uniquely focused on boosting your skills, expanding your capabilities and growing your career.

Our expert authors and presenters are professional trainers who don’t get bogged down in hype and fluff. They know how to zero in on the essentials, simplify complex subjects and not waste your time.

As a seminar participant, you always get the lowest price and fastest service because our resources are not sold through middlemen at discount stores, local booksellers or commercial Web sites.

B O O K S + S O F T W A R E + D V D S

Contact us: U.S./Canada 800-873-7545 • UK 0800 328 1140 • AUS 1800 145 231 • NZ 0800 447 301 Or visit us on the Web at www.ourbookstore.com

STAR12 is 365 DAYS of …

Peace of mind

Job help

Knowledge-packed seminars

Career development

Informative Webinars

Résumé boosters

Convenient online learning

Skill building

U N L I M I T E D T R A I N I N G Know that you have the resources and tools you need to achieve career success 365 days a year when you enroll in STAR12. With STAR12, you’ll get unlimited access to seminars, Webinars and online courses to help you do your job more effectively and efficiently. Put career success in your hands year round. Talk to your trainer to receive a special discount on STAR12, and enroll today!

VISIT SKILLPATH.COM/STAR12 OR CALL 1-800-258-7246 FOR MORE INFORMATION

skillpath.com

Date post:	12-Jul-2020
Category:	Documents
Upload:	others
View:	7 times
Download:	4 times