Safety Tidbit #2.3 – Workplace labeling and containers for immediate use

Safety Tidbit #2.3 – Workplace labeling and containers for immediate use

Ironically, just about a year ago, in Safety Tidbit #9 I wrote about a similar issue to what I wish to discuss today (see - back then it was Safety Brief #9 – Hazard Communication Labeling).  Although this time I have a slightly different twist on labeling. See if you can catch the underlying problem.

While doing an audit, I noticed a container of hazardous material at a workstation.  The container had the word “oil” in magic marker on it. I asked my escort who worked in the area, and a person was flagged to come over.  I proceeded to quiz the worker on the contents of the container which she knew that it was oil. She also knew the purpose with which she needed to apply it to perform her job. However, when I asked if it was hazardous to her and what effect it might have on her, she was clueless.  Although, she did say they typically use rubber gloves when they apply the oil since the container leaks down the side, and the regular label always comes off, and also it takes her nail polish off (a dead give-away that the chemical is hazardous!). She told me that the magic marker worked much better.  I further inquired if she knew how or where to get more information about the contents of the container – deer in the headlights look!

Well, as you can imagine, I took a little time to explain about the safety data sheets … but I digress.  Back to our topic. OSHA’s hazard communication standard specifies “the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical [1910.1200(f)(6)(ii)].”  The standard also states “the employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. [1910.1200(f)(8)] OSHA further clarifies its intended use of this exemption to labeling in the second half of the paragraph: “For purposes of this section, drugs which are dispensed by a pharmacy to a health care provider for direct administration to a patient are exempted from labeling.

The employer explained that the container was filled by the employee and is only being used by that employee, so they felt they were in compliance with the 1910.1200(f)(8). I believe if a compliant label had been on the container the worker would have been able to answer my questions about the hazards of the material just by looking at the appropriately labeled container.  Also, there were other employees in the area so could the employer really say that only this one person uses the bottle?

Did you guess the underlying issue with this scenario? OSHA requires “Employers shall provide employees with effective information and training on hazardous chemicals in their work area …” The company did not give very “effective” training as the worker gave me the deer in the headlights look.  So, I cited the employer for both 1910.1200(f)(6)(ii) and 1910.1200(h)(1).

Hope this was helpful and thanks for reading my Safety Tidbits ~ Bryan

http://safety-tidbits.blogspot.com/

Safety Tidbit #2-2 – OSHA Penalties Are Getting a Raise!

Safety Tidbit #2-2 – OSHA Penalties Are Getting a Raise!

In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act to advance the effectiveness of civil monetary penalties and to maintain their deterrent effect. The new law directs agencies to adjust their penalties for inflation each year using a much more straightforward method than previously available, and requires agencies to publish “catch up” rules this summer to make up for lost time since the last adjustments.

 “Civil penalties should be a credible deterrent that influences behavior far and wide,” said U.S. Secretary of Labor Thomas E. Perez. “Adjusting our penalties to keep pace with the cost of living can lead to significant benefits for workers and can level the playing field responsible employers who should not have to compete with those who don’t follow the law.”

The new method will adjust penalties for inflation, though the amount of the increase is capped at 150 percent of the existing penalty amount. The baseline is the last increase other than for inflation. The new civil penalty amounts are applicable only to civil penalties assessed after Aug. 1, 2016, whose associated violations occurred after Nov. 2, 2015.

OSHA’s maximum penalties, which have not been raised since 1990, will increase by 78 percent. The top penalty for serious and other-than-serious violations will rise to $12,471. The maximum penalty for willful or repeated violations will increase from $70,000 to $124,709.

An interesting violation is the failure-to-abate where the $12,471 maximum penalty can be assessed daily for each day the hazard remains unabated.  The $$$ add up pretty fast.  Remember, these maximum penalties are assessed before any permissible reductions.  There are four permissible reductions that are usually taken into consideration prior to the citation being sent to the employer:

            1. Gravity of the violation,

            2. Size of the employer’s company,

            3. The Good Faith of the employer,

            4. The employer’s history of previous violations.

Gravity considers the severity and probability of each violation and is a major reduction in penalties.  Severity looks at the injury which could result from the violation.  Severity is divided into three categories, high, medium and low.  Probability looks at the likelihood injury or illness could occur. Probability is either greater or lesser so that’s pretty easy.

The Size of the employer is the total employee count. A Good Faith is a penalty reduction in

recognition of an employer’s effort to implement an effective safety and health management system in the workplace.  History deals with the outcome from an OSHA inspection. If you had an inspection and it resulted in Serious, Repeat, Willful or Failure-to-abate violations you shouldn’t expect any reduction for history and you might get a 10% increase just for good measure.

Remember, the main purpose of the penalties is to deter employers from not complying with the OSHA Standards and to level the business playing field. Everyone should be permitted to work without worrying about getting injured or killed doing their job.

Thanks for reading and I hope this Safety Tidbit was informative ~ Bryan 

Safety Tidbit # 2-1 – Hear and Now – Safety Noise Challenge

Safety Tidbit # 2-1 – Hear and Now – Safety Noise Challenge

How many of you knew that OSHA kicked off a technology challenge in June?  Submissions are due September 30, 2016.  OSHA is seeking technological innovations that will help with hearing protection use in three main areas:

·      Technology that will enhance employee training and improve effective use of hearing protection.

·      Technology that alerts workers when hearing protection is not blocking enough noise to prevent hearing loss.

·      Technology that allows workers to hear important alerts or human voices while remaining protected from harmful noise.

While I applaud OSHA’s (and MSHA and NIOSH’s) drive to help workers to use their hearing protection, as an industrial hygienist, I wish they would push as much for the elimination of the sources of noise in the workplace.  Oftentimes, small changes in the workplace or with the operation significant reduction in noise levels can be realized. Furthermore, if we eliminate the source of noise the need for training and protection from noise becomes irrelevant. 

Noise is one of OSHA’s original health standards that actually came from OSHA’s precursor the Walsh-Healey Public Contracts Act and is listed in OSHA’s origination Federal Register Notice on May 29, 1971. It still even has its same standard number 1910.95. However, although the standard was amended in 1982 to include medical surveillance there are still 22 million workers who run the risk of losing their hearing due to excessive noise in the workplace.

I implore all workers and employers to review their workplaces for exposures to noise and evaluate their risk.  Then use some simple tools available from OSHA’s website on Occupational Noise to reduce the incidence of noise. Also, if you are in the market for new equipment you might check out NIOSH’s Buy Quiet webpage to find quieter equipment for nominal differences in price.  If you need further assistance, please call PA OSHA Consultation or your company safety and health consultant.

Remember Personal Protective Equipment is the last line of defense in protection against workplace hazards and have been shown time and again to be ineffective due to improper or lack of use.

Safety Tidbit #50 - Heat

Safety Tidbit #50 – Heat

As I drove across Iowa yesterday, in preparation to begin the RAGBRAI (Register’s Annual Great Bicycle Ride Across Iowa)  this weekend, I was profoundly reminded of the effects of heat.  This was the screenshot from OSHA’s heat app on my iPhone.  Please remember to:
 train all employees on the signs and symptoms of heat related illnesses.
drink plenty of water.
Have shade and other places available for workers to escape from the heat.

 OSHA’s mantra is Water-Rest-Shade. However, also pay attention to the workload, clothing (e.g., PPE) usage and ensure workers have adequate sun protection for exposed skin. First line supervisors need to pay close attention to signs of dehydration possibly due to excessive alcohol consumption or drug (prescription or otherwise) use. Decongestants (Sudafed) and NSAIDS (Advil) can all aid in dehydration.

Have a great week and stay safe out there!

Thanks for reading and next Friday I will still be pedaling across Iowa so there will be no Safety Tidbit. This marks the end of my first year of writing Safety Tidbits. Hope you learned something and have enjoyed the topics. See you in a week or two to start year two! ~Bryan

Safety Tidbit #49 – NEP on Amputations

Safety Tidbit #49 – NEP on Amputations

In 2015 there were 2644 amputations in the workplace (Year One of OSHA’s Severe Injury Reporting Program: An Impact Evaluation).  Last year OSHA revised its National Emphasis Program on Amputations. Within Section D of the emphasis program, Inspection Procedures, OSHA is very specific about telling the compliance officers how to begin their inspections.

To begin with, at the opening conference, the CSHO must verify with the employer if they have any of machinery and equipment in Appendix A of the NEP. However, more broadly, the CSHO is also directed to verify if there are any other machinery and equipment that could cause amputations present in the workplace. Further, if there are any machinery and equipment associated with amputations, the CSHO is to exercise professional judgment in conducting an inspection of the machinery and equipment with particular attention to employee exposure to nip points, pinch points, shear points, cutting actions, and other point(s) of operation.

The CSHO should consider and evaluate employee exposures during any of the following:

ü  Regular operation of the machine;

ü  Setup/threading/preparation for regular operation of the machine;

ü  Clearing jams or upset conditions;

ü  Making running adjustments while the machine is operating;

ü  Cleaning of the machine;

ü  Oiling or greasing of the machine or machine pans;

ü  Scheduled/unscheduled maintenance; and

ü  Locking out or tagging out.

As consultants and safety professionals in the field, we need to vigilantly look for amputation hazards in the workplaces we visit. However, we also must take the time to train all employees to recognize what a nip, pinch or shear point looks like. And they need to understand what work activity takes them and their fellow workers into or near these points of operation exposing themselves or their fellow employee to the amputation hazard. Specifically, when there is a guard present we need to ask when does that guard come off? And subsequently, is there any chance for a worker to come into contact with the hazard when the guard is off?

Hope this was helpful and thanks for reading my Safety Tidbits ~ Bryan

Safety Tidbit #48 – Fixed Ladders

Safety Tidbit #48 – Fixed Ladders

If you ever had to vertically climb up the side of a building or a water tower you know that once you get up 20-30 feet it is no easy feat.  Now ladders typically do not require fall protection but 40 or 50 feet or more on a tower you need something, right? The three-points of contact method is great but climbing that high is very fatiguing.

Well OSHA has a regulation for that.  1910.27(d) states that “when ladders are used to ascend to heights exceeding 20 feet (except on chimneys), landing platforms shall be provided for each 30 feet of height or fraction thereof, except that, where no cage, well, or ladder safety device is provided, landing platforms shall be provided for each 20 feet of height or fraction thereof. Each ladder section shall be offset from adjacent sections. Where installation conditions (even for a short, unbroken length) require that adjacent sections be offset, landing platforms shall be provided at each offset.” 

Furthermore, all landing platforms must be equipped with standard railings and toeboards, giving safe access to the ladder. Platforms shall be not less than 24 inches in width and 30 inches in length. [1910.27(d)(2)(ii)]

However, there are always exceptions. “Ladder safety devices may be used on tower, water tank, and chimney ladders over 20 feet in unbroken length in lieu of cage protection. No landing platform is required in these cases. All ladder safety devices such as those that incorporate lifebelts, friction brakes, and sliding attachments shall meet the design requirements of the ladders which they serve.” [1910.27(d)(5)]

Personally, I like cages because if you fall backwards you have something to keep you close to the ladder and grab onto. If this is a new construction, prudent practice would be to incorporate additional safety measures through the use of cages, ladder safety devices, and landings into the design even if not required.

Ultimately if your workers must routinely climb fixed ladders you should evaluate them and for their physical ability to climb the ladder (e.g., is the worker a smoker?). Also, remember how are you going to get the materials and tools to the top? It is hard enough to climb the fixed ladder, but to require the worker to carry the additional weight of tools and materials is unreasonable.  Not to mention, the encumbrance if they are to hand-carry these items, at least use a backpack.

One last thought, it was 93 degrees with high humidity yesterday, did you think about heat stress?

 Hope this was helpful and thanks for reading!  Have a safe day ~ Bryan

Safety Tidbit #47 – Scissor Lifts and Fall Protection

Safety Tidbit #47 – Scissor Lifts and Fall Protection

Source:  OSHA Hazard Alert – Working Safely with Scissor Lifts

Employers need to assess the worksite to identify all possible hazards in order to select the appropriate equipment for the task. Employers who use scissor lifts need to evaluate and implement effective controls that address fall protection, stabilization and positioning. Only trained workers should be allowed to use scissor lifts, and employers should make sure that those workers show that they can use a scissor lift properly. Safe scissor lift use includes properly maintaining the equipment, following the manufacturer’s instructions, providing workers training and needed personal protective equipment (PPE), and implementing safe work practices.

Scissor lifts must have guardrails installed to prevent workers from falling [see 29 CFR 1926.451(g) or 29 CFR 1910.29(a)(3)(vii)).1910.66 Appendix C (10)]

Furthermore, employers should train workers to:

·      Check to see that a guardrail system is in place before working on the scissor lift.

·      Only stand on the work platform; never stand on the guardrails.

·      Keep work within easy reach to avoid leaning away from the scissor lift.

So what happens when you know the operation that the scissor lift is being used for requires the worker to lean over. The guardrails on the scissor lift are designed to keep them safe when the worker is inside. Ultimately, you want to protect them, right?? So what do you do? You put them in personal fall protection? However, make sure the personal fall arrest system meets all of the requirements.  Specifically, what are they going to tie off to?

Anchorages to which personal fall arrest equipment is attached shall be capable of supporting at least 5,000 pounds per employee attached, or shall be designed, installed, and used as part of a complete personal fall arrest system which maintains a safety factor of at least two, under the supervision of a qualified person. I recently had two clients (almost back to back) that were using the top rail of the scissor lift as their anchorage points. The guard rail on a scissor lift meets the same requirements as any other guard rail in order to keep the worker inside and protect them from falling out. Specifically, the anchoring of posts and framing of members for railings of all types shall be of such construction that the completed structure shall be capable of withstanding a load of at least 200 pounds applied in any direction at any point on the top rail. [1910.23(e)(3)(iv)]

Now take a step back, remember how this Safety Tidbit started “assess the worksite to identify all possible hazards in order to select the appropriate equipment for the task.” You might want to use a boom lift instead. A boom lift gives the worker elevation and the ability to move the basket closer to where they need to be therefore, leaning outside of the basket may become unnecessary. Furthermore, all boom lifts have a properly engineered anchorage point so use of personal fall protection now can be done properly.

Hope this was helpful and thanks for reading Safety Tidbits  ~ Bryan

http://safety-tidbits.blogspot.com/