Safety Tidbit 4.26 - NAICS Codes

Safety Tidbit 4.26 – NAICS Codes

Reference:        U.S. Census Bureau – North American Industry Classification 2017

The North American Industry Classification System (NAICS) was adopted in 1997 as a replacement for the Standard Industrial Classification (SIC) system. The NAICS was developed by the USA, Canada, and Mexico to allow for comparability of business statistics among the different countries.

The NAICS is a six-digit hierarchical coding system that is updated every five years so, the most recent listing is 2017. The list begins with twenty, two-digit, top level sectors. The user then “drills” down into the pertinent sector until they arrive at the industry they are looking for, or, at least the closest one possible. 

Recently, I had a client contact me asking if a company’s NAICS code could change and how to record it on their OSHA 300A form. The client asked if there was some authority, they needed to contact to ensure they selected the right code. I explained that they are the best authority to determine what their primary business does and to select the NAICS code that best lines up with their main industry.  Since the client is completing the OSHA 300A, Summary of Injuries and Illnesses, they need to select the NAICS code for the establishment the 300A is relevant to. For instance, if their company has multiple establishments that conduct various parts of the overall process each may fall under a separate NAICS code.  

As validation, if OSHA ever inspects their establishment, they will want a copy of the OSHA 300A form and they will validate the NAICS code. Validating is the compliance officer asking what the primary business at the establishment is and using the U.S. Census Bureau’s NAICS code lookup tool to determine the right code. Which is exactly what the client did to begin with so the two should line up.

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

P.S. If you have a new safety or health question, please let me know.

Safety Tidbit 4.25 - Fake OSHA Cards

Safety Tidbit 4.25 – Fake OSHA Cards

Reference:        OSHA News Release – 2/15//2019

                        OSHA Outreach Training Program

Many of you have attended (or taught) OSHA 10 or 30-hour classes. We use the class as a means to increase our workers’ knowledge of safety and enable them to assist with the company’s safety and health program.

"OSHA's outreach training serves to educate workers about safety issues they will encounter on the jobsite," said OSHA Regional Administrator Richard Mendelson. "Falsifying documents not only undermines the program, it fails to protect workers on the job. OSHA will refer fraudulent activity to the Department of Labor's Office of Inspector General, and trainers caught falsifying information will be subject to criminal prosecution."

The OSHA Outreach Training Program was initiated in 1971, and has grown significantly in recent years. The train-the-trainer format expands the reach of the program to increase training availability. Between FY 2012 and FY 2016, more than 3.94 million workers were trained in job hazard recognition and avoidance through the program.

OSHA authorized outreach trainers are not OSHA personnel. Trainers are authorized (not certified) through this program to deliver Outreach training classes. Trainers are independent service providers and their schedules and fees may vary. OSHA recommends contacting multiple trainers to find one that best meets the student's needs. Students may verify the status of an authorized outreach trainer. All authorized trainers must possess a trainer card which includes an expiration date along with the name of the authorizing OTI Education Center.

A Trainer Card shows authority to teach 10- and 30-hour outreach courses and receive OSHA student completion cards. Individuals become authorized by meeting training and industry safety experience requirements. In order to provide flexibility, trainers are allowed to tailor the 10- and 30-hour training topics to meet the needs of their audience. OSHA specifies mandatory topics along with flexible topic requirements for each industry. Trainer courses are offered by the OSHA Training Institute Education Centers. Trainers must update their training every 4 years.

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

P.S. If you have a new safety or health question, please let me know.

Safety Tidbit 4.24 - It's Time to Post the 300A but Why?

Safety Tidbit 4.24 – It’s Time to Post the 300A but Why?

Reference:       OSHA Recordkeeping Standard 1904

                        1/25/2019 Amendment for electronic tracking of injuries and illnesses

Well, it’s that time again. If you have 11 or more employees (full and part-time) at any time during the year [1904.1(a)] you must record certain injuries and illnesses.  Now, you may be in an industry that is partially exempt from keeping the records if your industry is listed in Appendix A of 1904 Subpart B. Many of these industries are considered “low risk” as they have a low incidence of injury. But that is the topic for a future Safety Tidbit.

So you have established that your company must keep the records and therefore you must post a summary of activity. However, first, you must review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified [1904.32(a)(1)]. Second, you create an annual summary of injuries and illnesses recorded on the OSHA 300 Log [1904.32(a)(2)]. And third, you must certify the summary as accurate by signing it.

First question: Who must certify the annual summary to ensure it is accurate and take responsibility for the injuries that happened during the previous year?  OSHA requires one of the following sign the summary [1904.32(b)(4)(i-iv)]:

·      an owner of the company (only if the company is a sole proprietorship or partnership)

·      an officer of the corporation

·      the highest-ranking company official working at the establishment

·      the immediate supervisor of the highest-ranking company official working at the establishment.

Second question: Why must the Summary be posted from February 1 until April 30^th? You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material [1904.32(b)(5)].  Ultimately, posting is to allow sufficient time for all employees to review the summary, ensure its accuracy, and make corrections if necessary.

Note: On 1/25/2019, OSHA published a Final Rule to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep injury and illness records. Covered establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this Final Rule.

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

P.S. If you have a new safety or health question, please let me know.

Safety Tidbit 4.23 – ACGIH TLVs – What they are not

Safety Tidbit 4.23 – ACGIH TLVs – What they are not

Reference: ACGIH TLV/BEI Guidelines - Overview

Industrial hygienists routinely reference the Threshold Limit Values when evaluating air contaminants in the workplace. But what are these TLVs?  ACGIH states:

 “TLVs^® and BEIs^® are health-based values established by committees that review existing published and peer-reviewed literature in various scientific disciplines (e.g., industrial hygiene, toxicology, occupational medicine, and epidemiology). Since TLVs^® and BEIs^® are based solely on health factors, there is no consideration given to economic or technical feasibility.”

Furthermore, the TLVs represent the opinion of the scientific community which has reviewed the data described in the ACGIH’s documentation publications, that exposure at or below the level of the TLV^® or BEI^® does not create an unreasonable risk of disease or injury.  Ultimately, industrial hygienists are strongly warned to only use the TLVs^® and BEIs^® as a part of their consideration when evaluating specific workplace situations and conditions.

So, what are the TLVs not?

a.     The TLVs are not a fine line between safe and dangerous conditions and therefore are not a common denominator for safety.

b.     Not proof of injury when exposure is at or above the TLV. Many workers will have no ill effects if exposed to the level of the TLV. The TLV is meant to protect nearly all workers.

c.     Not to be used as air pollution values where the source of the contaminant may be from a continuous, uninterrupted source. TLVs are designed for workplace situations.

d.     No legal standards as neither economic nor technologic feasibility are taken into consideration. They are purely determined based on health effects and the available data.

Ultimately, the TLVs “refer to airborne concentrations of chemical substances and represent conditions under which it is believed that nearly all workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects.”

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

P.S. If you have a new safety or health question, please let me know.