PC Blog » OSHA

Combustible Dust Standard from OSHA Not on Fast Track

Gary McCarty — Fri, 03 Feb 2012 18:37:50 +0000

The Occupational Safety and Health Administration (OSHA) has moved the development of regulations to control combustible dust hazards to its long-term agenda despite pleas from the Chemical Safety Board to fast track the rules, according to a report from the Associated Press.

Combustible dust can be generated from most substances—plastics, metals, chemicals and foods—especially when ground or rendered finely enough. It can then spontaneously combust given the right environmental triggers.

A 2006 study by the board found at least 281 dust explosions and fires in the U.S. between 1980 and 2005. The accidents killed 119 workers and injured another 718. According to more recent figures, there's been no change in the frequency of deaths and injuries from dust accidents, despite more inspections and an OSHA education program.

In OSHA's just-released, twice-yearly regulatory agenda, the only notation about a combustible dust regulation was "next action undetermined."

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

OSHA Form 300A Injury and Illness Summary Must Be Posted by Feb. 1

Gary McCarty — Fri, 27 Jan 2012 14:28:29 +0000

The Occupational Safety and Health Administration (OSHA) Form 300A, Summary of Work-Related Injuries and Illnesses, must be posted in a conspicuous location by Feb. 1 of each year and left up for viewing until April 30. The summary lists only numbers of affected employees by category.

Companies that operate in more than one location must complete a separate summary for each of them.

At the same time, covered employers are required to complete the OSHA Form 300, Log of Work-Related Injuries and Illnesses, which is a more detailed document specifying names of ill and injured employees. This form should not be posted in any location visible to anyone not employed by the company and, if posted, must have the employees' names redacted for privacy purposes. In short, posting of the Form 300A is sufficient, and optional posting of the Form 300 can create headaches.

The OSHA Form 300 must be retained for five years.

Employers with ten or fewer employees and employers in certain industry groups are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements. A complete list of exempt industries in the retail, services, finance and real estate sectors is posted on the OSHA Web site.

OSHA Hazard Communication Standard Approval Delayed

Gary McCarty — Tue, 24 Jan 2012 17:50:03 +0000

The 90-day review period for the Occupational Safety and Health Administration (OSHA) revised Hazard Communication Standard (HAZCOM) passed yesterday (Jan. 23, 2012) with no approval by the Office of Management and Budget (OMB), which must review all regulations for economic impact and other issues. The OMB Web site, however, indicates that its review will be completed in February 2012.

The revised HAZCOM standard incorporates the United Nations-initiated Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Personnel Concepts will continue to monitor the development and approval of this new standard and keep you informed here and on our main Web site.

OSHA Orders Pilot Reinstated after Retaliation Termination for Reporting Mechanical Problems

Gary McCarty — Wed, 18 Jan 2012 17:23:06 +0000

The Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA's Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary David Michaels. "Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways."

The pilot's complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot's mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot's employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

"Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers," added Michaels. "Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights."

Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

Employers, employment-based lawsuits are on the rise, so be sure to cover all your bases when carrying out reductions in force or terminations. Get yourself a copy of Personnel Concepts' Wrongful Termination Prevention Kit and learn all the applicable laws and regulations.

Top 10 OSHA Willful, Repeat and Serious Violations of 2011

Gary McCarty — Tue, 17 Jan 2012 16:06:22 +0000

Willful violations, with fines of up to $70,000, occur when the Occupational Safety and Health Administration (OSHA) deems the accident to have been due to complete indifference to or disregard for OSHA safety standards. The agency just released its list of the Top 10 willful and repeat violations, which are:

Excavation protective system, 84 violations
Fall protection, 67 violations
Process safety management, 45 violations
Grain handling facilities, 42 violations
Asbestos, 37 violations
Lockout/tagout, 35 violations
Machine guarding, 25 violations
Specific excavation requirements, 24 violations
General recording criteria, 23 violations, and
General duty clause, 22 violations.

Repeat violations, also with fines of up to $70,000, occur when the same or similar incident happens at any work site of the same company or owner. Last year's Top 10 repeat violations were:

Fall protection, 646 violations
Scaffolding, 439 violations
Excavations, protective systems, 119 violations
Hazard communication, 112 violations
Lockout/tagout, 109 violations
Electrical, wiring methods, 92 violations
Ladders, 89 violations
Machine guarding, 88 violations
Electrical, general requirements, 86 violations, and
Aerial lifts, 81 violations.

Serious violations carry a maximum fine of $7,000. The Top 10 serious violations for 2011 were:

Scaffolding, 6,324 violations
Fall protection, 6,022 violations
Hazard communication, 3,953 violations
Lockout/tagout, 2,926 violations
Electrical, wiring methods, 2,835 violations
Ladders, 2,787 violations
Powered industrial trucks, 2,582 violations
Machine guarding, 2,433 violations
Respiratory protection, 2,361 violations, and
Electrical, general requirements, 2,198 violations.

OSHA Fines Double for Serious Violations

Gary McCarty — Sat, 07 Jan 2012 15:55:36 +0000

Even though the Occupational Safety and Health Administration (OSHA) top dog thinks they're still too low, fines for serious violations by the agency in 2011 shot up to $2,132 from $1,053 a year earlier, thanks to a legislative tweak that reduced the number of penalty reductions available to employers for factors such as the number of workers, safety records and other considerations.

Of the increase, OSHA administrator David Michaels said, "It's still quite low," adding, "We give out citations associated with fatalities for a few thousand dollars.”

At the same time, the number of OSHA inspections ticked downward slightly from 40,993 in 2010 to 38,667, due to a shift in focus that emphasizes more health inspections.

“Health inspections take longer than safety inspections, and we're doing more health inspections," Michaels explained. "Inspections that involve recordkeeping also take great deal longer.”

One statistic that stayed the same was the rate at which employers appeal citations. That rate remained consistent from 2010 to 2011 at 8 percent.

Personnel Concepts offers a variety of guides and tools to help employers stay in compliance with OSHA regulations. Check out our OSHA Programs and Kits section.

Most Breached OSHA Standards, Most Fined OSHA Violations

Gary McCarty — Tue, 06 Dec 2011 18:30:07 +0000

The Occupational Safety and Health Administration (OSHA) has released its annual list of the most frequently cited standards violations, along with its list of the most heavily fined OSHA standards violations.

The most frequently cited violations comprise fall protection; scaffolding; hazard communication standard; lockout/tagout; electrical; powered industrial trucks; ladders; electrical systems design; and machines.

The most heavily fined violations encompassed fall protection; scaffolding; lockout/tagout; machines; ladders; excavations; powered industrial trucks; general duty clause; electrical; and electrical systems design.

The period covered was from Sept. 30, 2010, to Oct. 1, 2011.

OSHA Issues Guidelines for Workplace Violence Inspections

Gary McCarty — Sun, 27 Nov 2011 23:56:04 +0000

Although the Occupational Safety and Health Administration (OSHA) has issued no standard on workplace violence, it has cited certain companies for failure to prevent violence under section 5(a)(1) of the OSH Act, generally known as the general duty clause.

Stepping into the breach to prevent future incidents of violence, especially homicide, OSHA has instructed its inspectors on when it is proper to conduct a workplace violence inspection.

According to the new OSHA instruction document "Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents," inspections should be carried out when a complaint is received or when an incident has been reported or found out. Inspections are also recommended when they are part of a program to target high-violence industries, such as late-night retail, health care and social services.

Citations are permitted when it is found that the institution or business in question could or should have foreseen the potential for violence and failed to take steps to prevent it. Specifically, in assessing culpability of the party in charge where violence has occurred, the instructions direct inspectors to look for four proactive steps that should've been undertaken:

Whether security personnel have been employed
Whether a current and updated workplace violence prevention program is in place
Whether a hazard assessment has been taken
Whether training has been given to staff and personnel to help prevent violence.

Clearly, you don't want your business to fall subject to either violence or an OSHA inspection for violence. A good way to keep your workplace safeguarded is to get a copy of Personnel Concepts' Workplace Violence Prevention Program and apply its principles today.

OSHA Smartphone App Said to Cost $200K and Not Be Accurate

Gary McCarty — Sun, 27 Nov 2011 20:44:05 +0000

A smartphone app introduced by the Occupational Safety and Health Administration (OSHA) to measure heat safety in work environments reportedly cost $200,000 to develop and returns inaccurate readings of temperatures.

Of course, this information comes courtesy of a hacker who runs a job board called gun.jo and whose name is Rich Jones.

"When I first tried the application, it told me that it was currently 140F in Boston," Jones wrote.

He later filed a Freedom of Information Act (FOIA) request for details on the app's development for iPhones and Android and Blackberry smartphones. The iPhone and Blackberry version cost $96,000, and the Android version came in at $106,000.

Said Jones after examining the source code, "If I had to reproduce it, I’d say that it would take be about 6 hours at the maximum. At my hourly rate of $100, that’s $600.”

It's not clear if he meant just one version or all three; however, several others in the app community concurred with him.

OSHA Head Can’t Give Timeline on Proposed I2P2 Standard

Gary McCarty — Wed, 02 Nov 2011 19:43:06 +0000

Speaking as one of the keynoters at the National Safety Council (NSC) Congress and Expo in Philadelphia today, Occupational Safety and Health Administration (OSHA) chief David Michaels spent a lot of time defending OSHA regulations as not being "job-killers" and then admitted that the one proposed OSHA regulation drawing the most flak—the Injury and Illness Prevention Program (dubbed I2P2)—is still a long ways off.

Michaels said the next step in I2P2 process is the issuance of an injury and illness prevention white paper. He also said the I2P2 program instituted by the Department of Defense (DOD) has been effective in cutting injury and illness rates in the armed services.

On the topic of the new Hazard Communication Standard (HAZCOM) incorporating the Globally Harmonized System of Classifying and Labeling Chemicals (GHS), he said that he expects easy approval of the final rule by the Office of Management and Budget (OMB).

Personnel Concepts has been following both developments—I2P2 and HAZCOM/GHS—and incorporated the latest OSHA guidance and regulations into its best-selling manuals. Our Injury and Illness Prevention Program will keep your company safe, healthy and up to date on OSHA standards. Likewise, our Hazard Communication Program has already been updated to reflect the inclusion of the GHS and its standards and obligations. Get both today.