ASK MIOSHA

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Michigan Safety Conference 2021

April 14, 2021

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ASK MIOSHA?????

“Ask MIOSHA”

provides topic driven, summaryexplanations that are created inresponse to commonly askedgeneral industry and constructionstandard-related questions. Theelectronic FAQ’s are forinformational purposes only and donot constitute an officialcommunication of the MichiganDepartment of Labor andEconomic Opportunity or MIOSHA.If you do not find the topic you arelooking for, you can submit yourwritten question via mail for anofficial MIOSHA response.

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OBJECTIVES

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This Photo by Unknown Author is licensed under CC BY-SA4

Construction Safety & Health

REO RODRIGUEZ

First Aid Requirements for Construction Sites

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First Aid Requirements for Construction Sites

• Answer: The pertinent rule states “A person who has a valid certificate in first aid training shall be present at the worksite to render first aid. A certificate is valid if the requirements necessary to obtain the certificate for first aid training meet or exceed the requirements of the United States bureau of mines, the American red cross, the guidelines for basic first aid training programs, or equivalent training.”

• This rule means that you must ensure one person on the site has a valid certificate of first aid training, no matter how many employees working on the site. The training does not have to include CPR or AED training; however, we strongly encourage CPR and AED training.

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Question: What does MIOSHA require to be

in a First Aid Kit?

First Aid Requirements for Construction Sites

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First Aid Requirements for Construction Sites

Answer: According to MIOSHA Part 472 Medical Services and First Aid

• Rule 7201 (2),…”Adequate first aid supplies shall be readily available.”

• There are no specific requirements in the rule for what must be included in a first aid kit; however, the employer is expected to determine what supplies are necessary depending on the anticipated injuries that may occur in the workplace.

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First Aid Requirements for Construction Sites• Answer: According to MIOSHA Part 472

Medical Services and First Aid

• The following is an excerpt from the MIOSHA Agency Instruction, MIOSHA-STD-08-3R5, December 2, 2020, Medical Services and First Aid for General Industry and Construction:

• An employer shall ensure the ready availability of first aid supplies in the workplace.

• The contents of a first aid kit shall be approved by a consulting physician. Consideration shall be given to the following when selecting the contents, number, and placement of first aid kits at a worksite: the size of the worksite, the type of work, the number of employees, and past experience.

• A first aid kit that contains items appropriate for the worksite will be considered in compliance with the rule.

• Guidelines for First Aid Kits. ANSI Z308.1-2009 “Minimum Requirements for Workplace First Aid Kits and Supplies” requires certain first aid supplies and quantities for compliance with Z308.1-2009 and recommends other items. The ANSI standard is a consensus standard and viewed as guidance but not enforced by MIOSHA.

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Multi-employer requirements and multiple contractors on

site

Question: What is a "multi-employer worksite“ and how does it apply to

construction sites?

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Multi-employer Requirements & Multiple Contractors On Site

Answer:

• MIOSHA AGENCY INSTRUCTION MIOSHA-COM-04-1R6 Multi-Employer Work Sites

• On multi-employer work sites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates a MIOSHA standard. A two-step process must be followed in determining whether more than one employer is to be cited. All facts considered in the two-step process shall be documented in the case file.

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Multi-employer Requirements & Multiple Contractors On Site

• Step 1. Determine whether the employer is a creating, exposing, correcting, or controlling employer.

• Step 2. Determine if the employer's actions were sufficient to meet those obligations. The extent of the actions required of employers varies based on which category applies.

• Note: The extent of the measures that a controlling employer must implement to satisfy this duty of reasonable care is less than what is required of an employer with respect to protecting its own employees. This standard of care means that the controlling employer is not normally required to inspect for hazards as frequently, or to have the same level of knowledge of the applicable standards or of trade expertise, as the employer it has hired.

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Multi-employer Requirements & Multiple Contractors On Site

• The Correcting Employer Definition: An employer who is engaged in a common undertaking, on the same work site as the exposing employer and is responsible for correcting a hazard. This usually occurs where an employer is given the responsibility of installing and/or maintaining particular safety/health equipment or devices.

• The Controlling Employer Definition: An employer who has general supervisory authority over the work site, including the power to correct safety and health violations itself or require others to correct them. Control can be established by contract or, in the absence of explicit contractual provisions, by the exercise of control in practice. Descriptions and examples of different kinds of controlling employers are given below.

• The Exposing Employer Definition: An employer whose own employees are exposed to the hazard.

• The Creating Employer Definition: The employer that caused a hazardous condition that violates a MIOSHA standard.

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Aerial work platforms Vs. new ANSI requirements.

• Question: Does MIOSHA require me to comply with the new A92.20, A92.22, and A92.24?

• NOTE: ANSI A92 covers aerial work platforms (AWPs) now known as mobile elevated work platforms (MEWPs).

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Aerial work platforms Vs. new ANSI requirements.

However, as a general matter, OSHA may reference industry standards for establishing industry recognition of a hazard and

existence of feasible abatement measures to support violations of the General Duty Clause where an OSHA

standard is not applicable.

Answer: No. This would have to be done through rulemaking. Compliance is voluntary with this new consensus standard.

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Aerial work platforms Vs. new ANSI requirements.

• Letter of Interpretation: Hayden, 2001

• Under OSHA's de minimis policy, where OSHA has adopted an earlier consensus standard, employers who are in compliance with the updated version will not be cited for a violation of the old version as long as the new one is at least equally protective.

• ……the only way the OSHA standard can be changed to adopt the new version is through rulemaking…….Even though ANSI A92.2 has been revised the OSHA aerial lift standard continues to require only compliance with the 1969 standard.

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General Industry Safety

LAURA BASILE

LaddersQuestion:

Employees are commonly required to climb very tall ladders that are leaned against a surface to reach loft areas. They are also required to lift large, heavy boxes while climbing up and down these ladders. Can employees be required to lift a heavy box, up a tall ladder onto a platform, without any safety features?

Answer 1:

We are assuming that you are referring to a portable ladder rather than a fixed industrial ladder. MIOSHA Standard, Part 2. Walking Working Surfaces, lists requirements applicable to the use of ladders. The following three rules answer the question that you are asking:

• 1910.23(b)(11) Each employee faces the ladder when climbing up or down it;

• 1910.23(b)(12) Each employee uses at least one hand to grasp the ladder when climbing up and down it; and

• 1910.23(b)(13) (13) No employee carries any object or load that could cause the employee to lose balance and fall while climbing up or down the ladder.

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LaddersQuestion:

Employees are commonly required to climb very tall ladders that are leaned against a surface to reach loft areas. They are also required to lift large, heavy boxes while climbing up and down these ladders. Can employees be required to lift a heavy box, up a tall ladder onto a platform, without any safety features?

Answer 2:

The answer to your second question is NO, an employer cannot require an employee to carry a heavy box up a ladder that can cause them to lose their balance and fall.

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Lockout

Question:

In the MIOSHA Lockout/Tagout Compliance Guide (SP #27) under #8, Lockout/Tagout Program, Section A “Specific Machine/Equipment Procedure” it talks about what must be included in the procedure when a machine specific documented procedure is required. What is a machine-specific documented procedure and when is such a procedure required?

Answer:

Part 85 (c)(4) states, “Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.

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Lockoutcont.

Question:

In the MIOSHA Lockout/Tagout Compliance Guide (SP #27) under #8, Lockout/Tagout Program, Section A “Specific Machine/Equipment Procedure” it talks about what must be included in the procedure when a machine specific documented procedure is required. What is a machine-specific documented procedure and when is such a procedure required?

Answer:

Note: Exception: The employer need not document the required procedures for a particular machine or equipment, when all of the following elements exist…”

• This means that you must write a step-by-step procedure on how to de-energize and lockout equipment and processes. If your equipment meets the 8 elements listed in the exception (see the standard), you do no have to write a machine-specific procedure, although you still need to lock out. The exception, when it applies, applies to equipment with one, lockable energy source. In all cases, a machine-specific written procedure is required for all equipment with more than one energy source.

• In all cases, a machine-specific written procedure is required for all equipment with more than one energy source.

• In Appendix C (pages 34 and 37) of SP #27 you will find explanations, a template, and step-by-step instructions on how to evaluate the need for and create your lockout procedures.

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Lockout #2

Q1: Why is the die changes procedures for horizontal injection molding machine allowed in R408.16234 (11) expiring on December 31, 2016? - So we can meet the requirements of Part 85 lockout.

Q2: When the changes to Rule 62 go into effect on January 1, 2017, will horizontal injection molding machines be required to comply with full lockout/tagout (LO/TO) requirements of Rule 85? Yes

Q3: Are there any exceptions to the LO/TO requirement when performing maintenance and service activities on horizontal injection molding machines? NO, lockout is still required

Q4: Are routine die or mold changes considered part of normal production operations? No. lockout must be performed. Changing of molds is not considered normal production.

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Lockout #2cont.

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Q5: What are some examples of “minor services” during normal production operations for horizontal injection molding machines? Spraying a lubricant on the mold, unsticking a stuck part with a tool.

Q6: Are hot runner manifolds and the machine barrels considered hazardous energy sources? It is considered thermal energy and if it is possible for an employee to be injured by these then they are hazardous, any actions performed needs to take into account the risk assessment if employees are to be exposed to these during their performance of jobs.

Q7: We need to maintain heating elements and computer controls during die changes. How do we do that if we LO/TO during maintenance and servicing activities? Separate circuits

Q8: If we follow the American National Standard on the Control of Hazardous Energy -Lockout/Tagout and Alternative Methods (ANSI/ASSE Z244.1) are we in compliance with the LO/TO requirements of Part 85? NO, part 85 has not adopted this by reference.

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Machine Guarding

Question: Can a light curtain and/or an interlocked guard be used to initiate the cycling of a machine?

• Answer: Specific rules in Part 24. Mechanical Power Presses and Part 23. Hydraulic Power Presses do not allow for light curtains or interlocked guards to be used to initiate the cycling of machines.

• Part 23. Rule 2341 (1) states:

• A presence sensing device shall be so designed and installed that, when the operator's hands or any other part of his body, disturbs the sensing field, the downward travel of the slide is prevented or stopped. This device shall not be used as a tripping means.

• This same restriction is found in Part 24. Rule 2463(3).

• There are other MIOSHA Standard rules that may be used to issue citation: Part 62 or the General Duty Clause to prohibit use. Part 62 Plastic Molding Point of operation devices. Rule 6225. (2) states, “The [interlock] device shall not be used to initiate operation of the machine…”

• MIOSHA does not consider the use of light curtains and/or an interlocked guard as an activation device a best safety practice. It is strongly recommended that, when considering this practice, all safeguarding, and training requirements are met.

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Powered Industrial Trucks (PIT)Question: Our facility has a powered industrial truck that will operate with or without a key AND in the on or off position. The Truck is equipped with a presence sensing device on the seat that prevents motion without an operator in the seat. The parking brake is also in compliance. Is the ignition out of compliance?

• Answer: I believe that the question you are asking is if it is permissible to use the presence sensing device in the seat as the on/off ignition control for the vehicle. Assuming that this is correct, the answer to your question would be “no”.

Powered Industrial

Trucks (PIT)

Rule 2171 of MIOSHA General Industry Safety Standard, Part 21. Powered Industrial Trucks states:

• R 408.12171. Daily checks.

• Rule 2171. (1) At the start of each shift, the operator of a powered industrial truck or a qualified employee shall perform daily checks of the equipment as required by the employer. See Appendix B for suggested inspection checklist.

• (2) An employer shall ensure that any defects that would affect the safe operation of the equipment shall be repaired before use.

• (3) An operator shall promptly report any defect on the powered industrial truck to the employer.

• Assuming the manufacturer of the truck equipped it with a keyed switched, that is intended to be used for starting and shutting off the truck, and if that switch was found to be defective. The Standard would require that the truck be removed from service and repaired. The truck must not be returned to service until the defect has been repaired and the truck has been returned to a safe operating condition.

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Power Presses

• Question: Does MIOSHA require dual redundancy with back checking for clutch/brake stamping press controls as ANSI standards recommend or can controls using relay logic be used?

• Answer: MIOSHA is required to enforce the rules specified in MIOSHA standards. ANSI standards are industry standard recommendations. Normally MIOSHA does not enforce ANSI standards, even if they are more stringent than our own, unless they have been adopted and referenced in a MIOSHA standard.

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This Photo by Unknown Author is licensed under CC BY-SA

Power Presses

• There is no rule in Part 24. Mechanical Power Presses, which states that relay logic is not an acceptable method of control reliability. Relay logic has been an accepted method in the industry and will continue to be unless there is a change in the MIOSHA standard. Control reliability using relay logic is only a part of what is considered to be control reliability; other parts would be brake monitors, top stop cams, dual air valves and two hand controls.

• We are assuming that the condition you are referencing in your question is related to employees who are operating a mechanical power press with hands in die. This would be the situation when control reliability would be required on a part revolution power press. Therefore, the rules from Part 24. Mechanical Power Presses, that would apply are: R4081.2461 (2)(a); R4081.2424 and R4081.2429.

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General Industry HealthCURTIS JOHNSON

GISHD- Industrial Hygienist

Manager

Bloodborne Infectious DiseasePart 554

Question:

Is it against MIOSHA rules to place a used scalpel in the drawer at the end of the desk in a podiatrist office? Then let that scalpel be cover by any garbage that gets thrown into the drawer?

Answer:

Used [contaminated] scalpels must be managed according to the requirements described in the MIOSHA Part 554. Bloodborne Infectious Diseases standard. The situation described in the question does not comply with the requirements of Part 554.

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Bloodborne Infectious DiseasePart 554

• Regulated waste” means any of the following (Rule 2 Definitions)

• (i) Liquid or semi-liquid blood or other potentially infectious material (OPIM).

• (ii) Contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed.

• (iii) Items which are caked with dried blood or other potentially infectious material and which are capable of releasing these materials during handling.

• (iv) Contaminated sharps.

• (v) Pathological and microbiological waste that contains blood and other potentially infectious material.

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Bloodborne Infectious DiseasePart 554

• Contaminated sharps” means any contaminated object that can penetrate the skin, including any of the following:

• (i) Needles.

• (ii) Scalpels.

• (iii) Broken glass.

• (iv) Broken capillary tubes.

• (v) Exposed ends of dental wires.

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Bloodborne Infectious DiseasePart 554

Rule 10 Regulated waste disposal

• (2) Immediately after use, contaminated sharps shall be disposed of in closable, leakproof, puncture resistant, disposable containers that are labeled or color-coded according to the provisions of R 325.70014. These containers shall be easily accessible to personnel; shall be located in the immediate area of use or where sharps are likely to be found…

Rule 9 Housekeeping.

• (2) All equipment and environmental and working surfaces shall be maintained in a sanitary condition as follows:

• (g) Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.

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Respiratory Protection Part 451

❖Question

• Are the 3M dust masks considered a “respirator” and would an employer be required to have a full respiratory protection program with medical testing and training for workers to use these types of dust masks?

❖Answer

• The extent and formality of respirator programs required by MIOSHA’s Part 451 depends on certain conditions of use. First of all, the standard does recognize the filtering face-piece “dust mask” as a respirator. Whenever a respirator is required to protect an employee from an overexposure OR the employer requires the employee to wear the respirator, a full respiratory protection program must be established and implemented as outlined in (c)(1) of the standard.

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Filtering Face-piece (Dust Masks)

• Letter Ratings:

• P = oil proof

• N = not oil proof

• R = oil resistant

• Efficiency:

• 95%

• 99%

• 99.97% = HEPA “100”

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Example: N-95, R-99, P-100 (actually 99.97%)

Respiratory Protection Part 451

• Respirator are necessary to protect the employee (chemical overexposure).

• Employer requires employees to wear respirator (company policy).

Required Respirator Use

• Respirator provided for employee comfort (no chemical overexposure).

• Provided by the employer or employee has his/her own.

Not Required (Voluntary Use)

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Eyewash/ShowerMedical Services & First AidPart 472

❖Question

• What type of emergency eyewash station is acceptable?

❖Answer

• Part 472. Medical Services and First Aidrequires an employer to ensure that suitable facilities for quick drenching or flushing of the eyes and body are provided within the work area for immediate emergency use when the eyes or body of any person may be exposed to injurious or corrosive materials.

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Eyewash/ShowerMedical Services & First Aid Part 472

❖Answer cont.

• Excerpt from the MIOSHA Agency Instruction, MIOSHA-STD-07-1 (Eyewash/Shower Equipment):

• The terms suitable facilities, quick drench showers, acceptable facilities, appropriate eyewash facilities, emergency shower and eye-wash station, eye wash station, and facilities, as utilized in any of the specified standards/rules, shall be defined as a plumbed or self-contained emergency shower and/or eyewash equipment, or eye/face wash equipment, meeting the engineering design specifications of the American National Standard for Emergency Eyewash and Shower Equipment (i.e., ANSI Z358.1 - 2014). This Instruction relies on ANSI Z358.1 – 2014, to determine how quickly the control valve must be operated. ANSI states that activation of the eyewash control valve shall occur in 1 second or less and be simple to operate. MIOSHA has made a clarification that more than one motion to activate the eyewash is permitted as long as the activation occurs in one second or less. A second/separate motion to remove nozzle covers is not allowed.

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Eyewash/ShowerMedical Services

& First Aid Part 472

❖ANSI Z358.1

• According to ANSI standard Z358.1-2014, a suitable eyewash/shower facility must be designed “in a manner that, once activated, can be used without the use of the operator’s hands.” It must be clearly marked, well lighted, and easily accessible (i.e., no obstacles, closeable doorways, or turns). Self-contained eyewash equipment (i.e., portable units) must be capable of delivering to the eyes not less than 0.4 gallons per minute for 15 minutes minimum, total volume 6 gallons.

• Self-contained emergency showers shall be capable of delivering a minimum of 20 gallons per minute for 15 minutes minimum, total volume 300 gallons.

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Eyewash/ShowerMedical Services & First Aid

Part 472

Eyewash/ Safety Shower must be located:❖10 second travel time or less

(approximately 55 feet or less)

❖Easily accessible• No obstacles

• No closable doorways

• No turns

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Acceptable Eye Wash Stations?

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Nozzle Covers

• Protective covers CANNOT require manual removal prior to use

• Nozzle covers removed by water pressure upon activation are permitted

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Photo by Robert Cudmore

from Marseille, France (eyewash station) [CC BY-SA 2.0]

What We See

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WHAT WE SEE

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Dipping and Coatings Part 526(exception)

Exception only for dipping and coating operations a cold-water pipe carrying potable water not exceeding 25 psi with a quick opening valve and at least 48” of 3/4” hose.

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25 psi ?

CHECK THE CHAT

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