Safety Tidbit 3.06 - Establishment Size and Electronic Submission of Injuries

Safety Tidbit 3.06 – Establishment Size and Electronic Submission of Injuries and Size

Reference(s): 29 CFR 1904.41

OSHA has launched its electronic injury and illness submission website (https://www.osha.gov/injuryreporting/). Therefore, before December 31, 2017 all establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses. Those covered establishments with 250 or more employees 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). Covered establishments with 20-249 employees must electronically submit information from OSHA Form 300A.

The question I seem to be hearing most is about the size of the establishment – “Is the 20 or 250 based on the entire company or the facility?” OSHA has defined the term establishment back in 1904.2 and 1904.30. In short, each business site is an establishment. Therefore, each establishment (with 20 or more employees) gets an entry into OSHA’s Injury Tracking Application. If you have multiple establishments one person can input data for the whole company just like you need to fill out the OSHA 300 and 300A forms as specified in 1904.30.

Now to add to the step process I introduced in my very first Safety Tidbit more than two years ago:

1. Is this a permanent establishment (one year or longer)? No – OSHA 300 not required. Keep injury/illness information with corporate records [1904.30(a)]. Answer = Yes? Continue to Question 2.

2. Is the primary industry at the permanent establishment listed as low hazard rating?  Yes – OSHA 300 not required [1904.2(a)(1)]. Answer = No Continue to Question 3.

3. Does the permanent establishment or the entire company have more than ten employees? No – OSHA 300 not required [1904.1(b)(1)] Answer = Yes Then an OSHA 300 must be kept for the permanent establishment.

4. Does the permanent establishment have 20 or more employees? No – Online reporting not required [1904.41(a)(2)]. Answer = Yes Online recordkeeping required to OSHA’s website (https://www.osha.gov/injuryreporting/) and launch ITA.

5. Does the permanent establishment have 250 or more employees? No – No further recordkeeping required. Answer = Yes OSHA 300A form information must be entered by December 31, 2017 and all OSHA 300, 300A, and 301 form information must be entered into OSHA’s ITL by July 1, 2018.

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.

Safety Tidbit 3.05 - Pre-Employment Physicals

Safety Tidbit 3.05 – Pre-Employment Physicals

Reference:       OSHA Occupational Medicine Webpage

(https://www.osha.gov/SLTC/medicalsurveillance/)

Once you decide it’s time to hire a new employee (replacement, new commitments, expansion), you must protect them. However, you also need to protect your company. I remember my boss telling me in my early days as a consultant: “We don’t want everybody as our client.” This is the case for various reasons: they are vague at explaining the scope, they increase demands once the job has started, or the client just doesn’t pay their bills in a timely fashion. Similarly, as an employer, you need to be selective of your candidates. It’s not just enough to find someone technically competent to do the job; you need to ascertain if they are physically able to perform the work and that they do not have a condition that may be exacerbated by the working conditions.

Medical screening (pre-employment physical) is part of a comprehensive medical surveillance program. The fundamental purpose of screening is early diagnosis and treatment of the individual. A pre-employment physical can save your company in the long run. The physical ensures the employee can perform the tasks necessary to do the job for which they are being hired to do and is not bringing latent physical conditions, a latent physical condition that might take them out of the workplace sometime in the future and most likely at the least opportune time. Obviously having the knowledge ahead of time, based on medical standards, helps to catch those people who maybe haven’t been forthcoming with information because they need a job. It also gives you an impartial means to screen out candidates that might cost your company in future workers’ compensation costs.

Work with an occupational medicine provider to create a custom physical for your business so that you get not only the best quality employees but also a sound knowledge of their health at the start of their employment with your company. Afterall, you hope that your employees will be working with you for a long time.

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.

Safety Tidbit 3.04 - Being Seen Can Save Your Life

Safety Tidbit 3.04 – Being Seen Can Save Your Life

Reference(s): OSHA Letter of Interpretation dated August 5, 2009

                        23 CFR 634, Worker Visibility, Federal Highway Administration

The WGAL News headline read: “2 struck, killed along Route 222 in Lancaster County” The police report said that at 2AM a tow truck operator and the driver he was helping were struck by a car and killed. This is tragic, however, as a safety professional, I believe it may have been avoided. You see, I do not believe the tow truck driver was wearing a reflective vest.

In a 2009 revision of an OSHA Letter of Interpretation:

Road and construction traffic poses an obvious and well-recognized hazard to highway/road construction work zone employees. OSHA standards require such employees to wear high visibility garments in two specific circumstances: when they work as flaggers and when they are exposed to public vehicular traffic in the vicinity of excavations. However, other construction workers in highway/road construction work zones are also exposed to the danger of being struck by the vehicles operating near them. for such workers, section 5(a)(1) of the OSH Act, 29 U.S.C. §654(a)(1), also known as the General Duty Clause, requires similar protection.

In the preamble to the Worker Visibility rule (23 CFR Part 634), the FHWA stated:

High visibility is one of the most prominent needs for workers who must perform tasks near moving vehicles or equipment. The need to be seen by those who drive or operate vehicles or equipment is recognized as a critical issue for worker safety. The sooner a worker in or near the path of travel is seen, the more time the operator has to avoid an accident. The FHWA recognized this fact and included language in the 2000 Edition of the Manual on Uniform Traffic Control Devices (MUTCD) to address this issue.

The FHWA's rationale underlying the rule well illustrates that the industry recognizes that construction workers in highway/road construction work zones need protection against the hazard posed by moving traffic. The FHWA's recent mandatory standard for workers on federal-aid highways shows that struck-by hazards in highway/road construction work zones are well recognized by the construction industry. Furthermore, the standard indicates that a feasible means of addressing that hazard is the wearing of high-visibility apparel. Accordingly, high-visibility apparel is required under the General Duty Clause to protect employees exposed to the danger of being struck by public and construction traffic while working in highway/road construction work zones. Typically, workers in a highway/road work zone are exposed to that hazard most of the time.

I believe all of you agree that there are many other occupations (e.g., tow truck operators, police, ambulance, etc.) that have the same struck-by hazard and should also be covered under OSHA’s General Duty Clause. Please keep an eye out and recommend to your clients or workers that they carrier a hi-visibility vest in the company (and personal) vehicle just in case they need to stop along the road for a mechanical issue or to be a good Samaritan and help someone else stranded on the road.

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.

Safety Tidbit 3.03 - Compressed Gas Safety

Safety Tidbit 3.03 – Compressed Gas Safety

Reference: NIOSH Compressed Gasses – Self-Inspection Checklist

My wife and I were camping over the Labor Day weekend when I removed the 1-lb propane tank from our camp lantern it continued to leak propane.  Luckily, the tank was pretty close to empty, so I lit the lamp to burn the remaining fuel.  However, this gave me this week’s Safety Tidbit topic as workplaces use various compressed gasses (oxygen, propane, acetylene, etc.). I found an excellent checklist and took some of the more common issues I see in the workplace.  For the complete list, please refer to the hyper link above at NIOSH’s website. 

·       Are cylinders stored in upright positions and immobilized by chains or other means to prevent them from being knocked over? [CGA 3.4.4 and 29 CFR 1910.101(b)]

• Are cylinders stored away from highly flammable substances such as oil, gasoline, or waste? [CGA 3.3.6]
• Are cylinders stored away from electrical connections, gas flames or other sources of ignition, and substances such as flammable solvents and combustible waste material? [CGA 3.5.1]

·       Are flammable gases separated from oxidizing gases in storage areas a minimum of 20 feet when in storage? [CGA 3.3.3 & CGS 2.5.3]

·       Are cylinders stored away from incompatibles, excessive heat, continuous dampness, salt or other corrosive chemicals, and any areas that may subject them to damage? [CGA 3.3.7 and 29 CFR 1910.101(b)]

• Do all compressed gas cylinders have their contents and precautionary labeling clearly marked on their exteriors? [29 CFR 1910.101(b)]
• Are all compressed gas cylinder valve covers in place when cylinders are not in use? [29 CFR 1910.101(b)]
• Are all compressed gas cylinders stored so they do not interfere with exit paths? [29 CFR 1910.101(b)]

·       Are all compressed gas cylinders subjected to periodic hydrostatic testing and interior inspection? [29 CFR 1910.101(a)]

• Do all compressed gas cylinders have safety pressure relief valves? [29 CFR 1910.101(c)]

·       Are cylinders always maintained at temperatures below 125ºF? [CGA 3.1.12]

• Are safety relief devices in the valve or on the cylinder free from any indication of tampering? [CGA 3.1.14].

·       Is painting cylinders without authorization by the owner prohibited? [CGA 3.1.20]

• Is the bottom of the cylinder protected from the ground to prevent rusting? [CGA 3.3.9]
• Are all compressed gas cylinders regularly inspected for corrosion, pitting, cuts, gouges, digs, bulges, neck defects and general distortion? [29 CFR 1910.101(a)]

·       Are cylinder valves closed at all times, except when the valve is in use? [CGA 3.1.15]

• Are all compressed gas cylinder connections such as pressure regulators, manifolds, hoses, gauges, and relief valves checked for integrity and tightness? [29 CFR 1910.101(a)]

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.

Safety Tidbit 3.02 – Electronic Submission of Injury Reports

Safety Tidbit 3.02 – Electronic Submission of Injury Reports

Reference(s): OSHA Injury Tracking Application

Well it’s finally here, Electronic OSHA Recordkeeping.  You get to start by submitting your Form 300A information into the system by December 1, 2017. Interestingly, the rule is already effective and for you employers with 250 or more employees you will be putting everything online (e.g. 300, 301, and 300A). 

Notice, OSHA downplays the “certain industries” part of the reporting requirement for the employers with 20-249 employees. Please pay close attention to the list.  Basically, about everyone is listed except those industries that have OSHA has partially exempted from recordkeeping per 1904.2(a)(1) due to historically low injury rates.

Who: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses.

What: Covered establishments with 250 or more employees 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). Covered establishments with 20-249 employees must electronically submit information from OSHA Form 300A.

When: The requirement becomes effective on January 1, 2017. The new reporting requirements will be phased in over two years. In 2017, all covered establishments must submit information from their completed 2016 Form 300A. In 2018, covered establishments with 250 or more employees must submit information from all completed 2017 forms (300A, 300, and 301) by July 1, 2018, and covered establishments with 20-249 employees must submit information from their completed 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, covered establishments must submit the information by March 2.

How: OSHA will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a web form. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). We will provide status updates and related information here as it becomes available.

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.