Safety Tidbit #20 - Ready Accessibility to the SDS

So we all know that the old Material Safety Data Sheets are now Safety Data Sheets and some believe that they are the same thing just they shortened the name.  However, that is not the subject of this week’s safety tidbit.  This week I would like to talk about the portion of the Hazard Communication standard that requires the employee has unobstructed access to the manufacturer’s information on the materials used in the workplace. 

According to 1910.1200(b)(4)(ii) - “Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s).”  Under paragraph 1910.1200(g)(1) – “Employers shall have a safety data sheet in the workplace for each hazardous chemical that they use.”  And still further in 1910.1200(g)(8) – “The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)”

            The confusion comes when folks remember that OSHA has a standard (1910.1020) that specifies access to employee exposure and medical records.  1910.1020 requires that “access is provided in a reasonable time, place, and manner.”  So let’s talk today about the term “readily accessible” and how HazCom’s paragraph 1200(g)(8) specifies no barriers to immediate employee access.  We need to look at OSHA’s letter of interpretation from 1999 where OSHA spells out what is meant by readily accessible. 

With the change to the content of SDSs and the prevalence of internet in the workplace, many employers are going to online services to maintain their SDS files.  These services are convenient and save having to have a paper copy in the workplace.  However, to meet the definition of readily available each worker must have untethered access to the online service.  Therefore, having to enter a supervisor’s office to use the community computer can be construed as a barrier.  Similarly, on a construction site, if the employee must ask a site foreman or supervisor for the SDS, which the supervisor then can look up on his or her smartphone.  Ultimately, If the employee must ask the supervisor for the chemical information then 1910.1200(g)(8) has not quite been met. 

Remember this part of the Hazard Communication standard is not about how quickly you can locate the right SDS.  It is about being able to request the SDS to start. 

Safety Tidbit #19 - Forklift Training: Who does it?

With their ability to move great weights and maneuverability powered industrial trucks (PITs) have become indispensable to move materials in the workplace.  And due to these same great characteristics, these vehicles are also extraordinarily dangerous.  Not surprising then that OSHA takes great care in their regulation on PITs. However, OSHA has an interesting anomaly in its powered industrial truck (aka forklifts) standard – Who does the training? 

According to 1910.178(l)(1)(i) - 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.  Furthermore, this training must be completed before operation of the forklift on the job [1910.178(l)(1)(ii)].  OSHA does allow for employees who already have knowledge of the operation of the forklift but specifies that the driver must be evaluated [1910.178(l)(5)] to confirm their skill. 

OSHA specifies that training must consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace [1910.178(l)(2)(ii)].  There are two keys to this portion. First the standard requires two separate types of training (theory and practical) and, second, conducting a functional part in the workplace. 

OSHA also specifies minimum topics that must be taught or certified [1910.178(l)(3)].  And lastly, that the driver training must occur every three years [1910.178(l)(4)(iii)] or more frequently if the need arises [1910.178(l)(4)(ii)(A)-(E)].  And finally, OSHA even specifies what information they want on the certificate for the forklift operators [1910.178(l)(6)].

            So let’s review, OSHA regulates the frequency and content of their training. That forklift training must occur before the operation and retraining whenever something goes wrong (or nearly goes wrong). They mandate that the training must be both theoretical and didactic. So what’s missing???  Who actually does the training and evaluation?  OSHA only says, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence [1910.178(l)(2)(iii)].”  So who is that?  What qualifications do they need?

How does the employer know they meet this requirement?  Fortunately, OSHA has a letter of interpretation from 2003 that sheds some light (or does it). The 2003 Letter of Interpretation says

 “A trainer must have the "knowledge, training, and experience" to train others how to safely operate the powered industrial truck in the employer's workplace. In general, the trainer will only have sufficient "experience" if he has the practical skills and judgment to be able to himself operate the equipment safely under the conditions prevailing in the employer's workplace. For example, if the employer uses certain truck attachments and the trainer has never operated a truck with those attachments, the trainer would not have the experience necessary to train and evaluate others adequately on the safe use of those attachments. However, the standard does not require that the trainers operate a PIT regularly (i.e., outside of their operator training duties) as part of their job function or responsibility.”

So my question still stands who trains the trainer? And how do we really know if the trainer has the practical skills and judgment to operate the equipment and therefore to teach others? 

Safety Tidbit #18 - OSHA Inspection 101

OSHA Inspection 101

Sorry for the delay folks.  I've been a bit remiss in keeping the blog up-to-date.  I will have a several Tidbits in a row to catch us up.

As I sit here and reflect on the past week’s events, I see a topic that might be worth taking a few minutes to explain a bit more about – What happens once OSHA conducts an inspection?  Specifically, I wish to address what might bring OSHA to your facility and what to do before the written citation arrives.

First, OSHA can only enter your facility if they have probable cause.  In the most adverse circumstances, this cause is in the form of an employee complaint or fatality.  Or, given the new injury reporting requirements (effective January 1, 2015), the cause could be due to an amputation, loss of an eye, or a hospitalization.  OSHA will not be too polite when coming to your facility under one of these circumstances, so you need to be prepared and articulate.  Alternatively, OSHA publishes on their website special emphasis programs that explain their cause to enter your facility due to a hazard known commonly to be present in your industry.  The inspections are programmed inspections. OSHA decides how many of these inspections will be conducted each year in the various emphasis programs.  The emphasis programs might be at the national level, regional level, or at the local office level. Of particular note, your facility may be subject to more than one program simultaneously so look at them all.

Step two, once they have conducted their inspection, disrupted your operations, and your workforce is sufficiently shaken up, the Compliance Health and Safety Officer (CSHO) will hold a closing conference to let you know the preliminary findings of their inspection.  Keep in mind, this closing is informal and the final hazards cited may change before you get the official report. The ultimate citation goes through a rigorous review process before the Area Director signs it on behalf of the Secretary of Labor.  Furthermore, by the Occupational Safety and Health Act, OSHA has six months from the opening conference to send you the final citation. This time is crucial as you probably will not hear anything from OSHA from the date of the closing conference until the happy day when you get the citation in the mail. There is no rhyme or reason as to how long OSHA will take to send you the final citation.

Now to go just a bit further, once you get the official citation you have only fifteen working days to act on it.  The action you take can be in one of three forms.  First, you do nothing and the fifteen days comes and goes. You pay your penalty and abate the hazards as noted in the citation.  Or, you can do opposite extreme and contest the citation, hire your own attorney and fight the allegations in the citation.  However, most employers do something in the middle, they schedule an informal conference with the Area Director and work towards an informal settlement without involving the courts.  I will leave more discussion about the informal conference for another Safety Tidbit at some later date.

Hope you find this information helpful hopefully, you won’t ever have to worry about an OSHA inspection.  If you have any questions please let me know.   Thanks for reading.

Safety Tidbit #17 - Machine Guarding or LOTO

A colleague recently asked me to put on my “CSP” hat and see what I thought about a rationale given by a client for not putting guards on equipment that had obvious hazards.

“The lathe does not need further guarding.  At the time of our walk through the operator was conducting a machine set up on the first piece to program the lathe for the remaining pipes.  The set up involves constant measuring of the end being cut.  Because of the size of the measuring tools it is not possible to take measurements with the guard in place.  After the lathe is programmed the cutting end guard is in place. 

As to the other machine in question, I discussed the machining process with the operator in regards to the piece he was currently working on.  It took constant tool changing.  Every couple of minutes the machine is disengaged, the tool is disengaged and pushed out from the mill and new tooling is installed.  The machine would be unusable without constant access to tool changing.  It is impossible to change tooling while the machine is in motion.”

From OSHA’s Machine Guarding standard [1910.212(a)(1)] “one or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are barrier guards, two-hand tripping devices, electronic safety devices, etc.”  The first response seems pretty straight forward when the equipment is in operation; the guard must be in place - period.  (see also OSHA letter of interpretation dated 10/15/1990) 

However, the second response sounds more like they client was thinking of the lockout-tag out (LOTO) standard.  The LOTO standard states: “An employee is required to place any part of his or her body into an area on a machine or piece of equipment where work is actually performed upon the material being processed (point of operation) or where an associated danger zone exists during a machine operating cycle.” [1910.147(a)(2)(ii)(8)]  However, to complicate matters, an exception “Minor tool changes and adjustments, and other minor servicing activities, which take place during normal production operations, are not covered by this standard if they are routine, repetitive, and integral to the use of the equipment for production…”  So, many employers are great at explaining how minor the change or the service activity is (even if it involves the worker putting their whole arm into the equipment), and also how the process is not efficient if they have to de-energize the equipment. Ah, there is the rub, to meet the requirements of the exemption the activity must be routine, repetitive, AND integral not just efficient.  Ultimately, the exemption ends with “…provided that the work is performed using alternative measures that provide effective protection. See Subpart O of this Part.”  Which takes us right back to guarding and the ultimate protection of the worker.

Bottom Line: Efficiency at the expense of the worker is NOT very efficient. 
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Safety Tidbit #16: Dust Masks versus Respirators

Question: I permit employees to use 3M 7500 respirators on a voluntary basis for dust exposures.  We also have Moldex N100 dust masks.  I have them enrolled in my respirator program with the other workers who are required to wear a respirator.  However, I prefer they wear the more protective 3M 7500 respirator.  Some of my employees that use respirators on a volunteer basis don’t want to be clean shaven and, therefore, cannot pass a fit testing protocol. Also, I am told all N95, and the Moldex N100 dust masks require fit-testing. Is this true?

If I understand you correctly, your employees are using regular respirators equipped with at least N95 dust filters.  So, first, you (the employer) must ensure that the voluntary use of these respirators will not place the workers at risk simply by wearing the respirators [1910.134(c)(2)(i)].  If they do not, and you permit them to wear the respirators, you must include them in your written program under the voluntary use category and ensure they given them Appendix D of the Respirator Standard, medically qualified to use the respirator, and that they keep the respirator clean, maintained and stored appropriately. (in other words they need to be properly trained) [1910.134(c)(2)(ii)].  As you can see, what is missing is the fit-testing requirement.  Mainly because no verified airborne hazard exists so, does it matter if they wear it properly?  Hopefully, they will.

Now to answer the next part of your question, do all N95 mask not need to be fit-tested?  First, let distinguish between regular filter or cartridge type respirators and filtering facepiece (dust mask) type respirators.  OSHA allows you a bit more freedom when you decrease the level of respiratory protection to filtering facepieces. If the use of the regular filter/cartridge type respirators is voluntary, proceed as we discussed above.  If the worker uses a disposable filtering facepiece or dust mask (Moldex N100) on a voluntary basis, these folks don't even need to show up in the respirator program.  Note: if you require any of the above respiratory protection then all bets are off, and the full respirator program and all its parts must be implemented (including fit-testing).

Ultimately, prudent practice recommends keeping track of any respiratory protection used at the facility and train all users as to the respirator's proper maintenance and limitations.  Personally, I see no value with a worker that has a full beard using any respiratory protection that involves a seal with their face. They should use a hood under positive pressure or nothing at all.