The Occupational Safety and Health Administration (OSHA) recently unveiled its top 10 most frequently cited violations. The agency reports the leading causes of workplace injuries during its fiscal year (October through the following September).
The 2017 top 10 list of most frequently cited standards did not change significantly from 2016, with fall protection violations remaining at the top of the list. In fact, the top five most cited violations remained the same.
- Fall Protection (29 CFR 1926.501): 6,072 citations
Falls from ladders and roofs still account for the majority of injuries at work. Identifying fall hazards and deciding how to best protect workers is the first step in eliminating or reducing fall hazards. This includes, but is not limited to, guardrail systems, safety net systems and personal fall protection systems in conjunction with safe work practices and training.
- Hazard Communication (29 CFR 1910.1200): 4,176 citations
In order to ensure chemical safety in the workplace, information must be available about the identities and hazards of all chemicals in use. OSHA standard 1910.1200 governs hazard communication to workers about chemicals that are both produced or imported into the workplace. Both the failure to develop and maintain a proper written training program for employees, as well as the failure to provide a Safety Data Sheet for every hazardous chemical, top the citation list.
- Scaffolding (29 CFR 1926.451): 3,288 citations
According to the Bureau of Labor Statistics, the vast majority of scaffold accidents can be attributed to the planking or support of the scaffold giving way, or to employees slipping or being struck by falling objects. The dangers associated with scaffold use can be controlled if employers strictly enforce OSHA standards.
- Respiratory Protection (29 CFR 1910.134): 3,097 citations
Standard 1910.134 provides employers with guidance in establishing and maintaining a respiratory inspection program for program administration, worksite-specific procedures and respirator use. Respirators protect workers from oxygen-deficient environments, harmful dusts, fogs, smokes, mists, gases, vapors and sprays. These hazards could cause cancer, lung impairment, and other diseases or death.
- Lockout/Tagout (29 CFR 1910.147): 2,877 citations
Lockout/tagout (LOTO) refers to specific practices and procedures that safeguard employees from the unexpected startup of machinery and equipment, or the release of hazardous energy during service and maintenance activities. Workers who service mechanical and electrical equipment face the greatest risk of injury if LOTO is not properly implemented. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation.
- Ladders (29 CFR 1926.1053): 2,241 citations
These types of violations typically occur when ladders are used for purposes other than those designated by the manufacturer, such as when the top step of a stepladder is used as a step, when ladders are not used on stable and level surfaces, or when defective ladders are not withdrawn from service. Most employee injuries can be attributed to inadequate training and a disregard for safe operating procedures.
- Powered Industrial Trucks (29 CFR 1910.178): 2,162 citations
Each year, tens of thousands of injuries related to powered industrial trucks (particularly forklifts) occur. Many employees are injured when lift trucks are driven off of loading docks or when they fall between docks and unsecured trailers. Other common injuries involve employees being struck by lift trucks or falling from elevated pallets and tines. Most incidents also involve property damage, including damage to overhead sprinklers, racking, pipes, walls and machinery.
- Machine Guarding (29 CFR 1910.212): 1,933 citations
When left exposed, moving machine parts have the potential to cause serious workplace injuries, such as amputations, burns, blindness, and crushed fingers or hands. The risk of employee injury is substantially reduced by installing and maintaining the proper machine guarding.
- Fall Protection Training Requirements (29 CFR 1926.503): 1,523 citations
Because falls represent such a serious risk, employers must train employees to identify potential fall hazards and follow procedures in order to minimize the chance of a fall. According to OSHA, employees should be trained to use fall protection methods, such as guardrails, safety nets and personal fall arrest systems, and employers should verify that employees have been trained by preparing written certification records.
- Electrical—Wiring Methods (29 CFR 1910.305): 1,405 citations
Electricity has long been recognized as a serious workplace hazard. OSHA’s electrical standards are designed to protect employees exposed to dangers, such as electric shock, electrocution, fires and explosions. Electrical wiring violations that top the electrical citation list include the failure to install and use electrical equipment according to the manufacturer’s instructions, failure to guard electrical equipment, failure to identify disconnecting means or circuits, and not keeping workspaces clear.
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OSHA’s final rule on electronic reporting requires certain employers to submit data from their injury and illness records electronically so it can be posted on the agency’s website. Because the rule is an extra requirement on top of existing OSHA recordkeeping standards, affected employers need to be ready to comply with the rule before the proposed Dec. 1, 2017, deadline.
Other News and Tips
Preparing for OSHA Inspections
If an unannounced OSHA inspection finds violations at your business, you may have to pay thousands in fines and watch as your reputation plummets. Fortunately, OSHA inspections generally follow an established procedure that you and your staff can prepare for.
When an OSHA compliance officer arrives at your business, it’s important to check his or her credentials and then determine if you’ll give consent to the inspection. Although you can refuse an inspection or give only partial consent, the compliance officer will take note of this and OSHA may take further action.
Once an inspection begins, the goal should be to determine its purpose and set any ground rules. You should also be prepared to provide proof that your business is in compliance with OSHA standards. During the walkaround process, be sure to take notes of what the inspector documents so you can review them later.
OSHA inspections can be stressful, even when your business is in full compliance. Scurich Insurance can provide you with our inspection guide, “Be Prepared for an OSHA Inspection,” and help your business impress OSHA compliance officers.
OSHA Removes Employee Fatalities from Home Page
Although OSHA used to include a URL link on its home page that would direct viewers to a list of employee fatalities, the agency recently moved the link to a separate page on its website.
According to a spokesperson from the Department of Labor, the link was moved in order to increase the accuracy of workplace data, as previous listings included fatalities that were outside OSHA’s jurisdiction. However, OSHA will keep the list of employee fatalities on its website and continue to review data from employers.
Although the electronic reporting rule initially required certain employers to start submitting their required information by July 1, 2017, OSHA’s Injury Tracking Application website wasn’t ready to receive electronic reports in time, and OSHA proposed Dec. 1, 2017, as the new deadline. The rule doesn’t change an employer’s requirements to complete and retain regular injury and illness records, but some employers will now have additional obligations. Here are the requirements for the rule:
- Establishments with 250 or more employees that are required to keep injury and illness records must electronically submit the following forms:
- OSHA Form 300: Log of Work-Related Injuries and Illnesses
- OSHA Form 300A: Summary of Work-Related Injuries and Illnesses
- OSHA Form 301: Injury and Illnesses Incident Report
- Establishments with 20 to 249 employees that work in industries with historically high rates of occupational injuries and illnesses must electronically submit information from OSHA Form 300A.
The final reporting requirements will be phased in over two years. After the initial Dec. 1, 2017, deadline, establishments with 250 or more employees must submit information from OSHA Forms 300, 300A and 301 by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
For more help preparing for this new rule, call us at 831-661-5697 and ask to see our comprehensive Compliance Overview on OSHA’s electronic reporting rule.
New Silica Rule Enforcement Begins
A new OSHA rule on respirable crystalline silica will require employers to limit their employees’ exposure to silica hazards and provide medical exams to monitor highly exposed employees. The rule is scheduled to come into effect on June 23, 2018; however, OSHA began enforcement of the new rule in the construction industry on Sept. 23, 2017.
Under the new rule, employers must reduce the permissible exposure limit (PEL) for respirable silica to 50 micrograms per cubic meter of air (50 µg/m3). The rule also requires employers to take the following steps:
- Establish engineering controls to limit employees’ exposure to the new PEL.
- Provide employees with respirators when engineering controls alone do not provide enough protection.
- Establish a written silica exposure control plan.
- Provide medical exams to employees who are exposed to levels of respirable silica at or above the new PEL for 30 or more days a year.
To see more information on the respirable silica rule, and to see specifics about the rule’s application in the construction industry, visit OSHA’s website.
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OSHA’s cranes and derricks operator certification standard becomes effective on Nov. 10, 2017.
Employers that use cranes and derricks in construction must comply with this standard. Employers should also become familiar with this standard if their employees work in areas or sites where cranes and derricks are in use. Finally, crane lessors that provide operators or maintenance personnel with the equipment they lease also have duties under the standard.
This Compliance Overview presents some frequently asked questions and answers compiled by OSHA regarding operator and signal person qualifications and operator certification.
LINKS AND RESOURCES
- OSHA’s cranes and derricks in construction website
- OSHA’s cranes and derricks FAQs
- OSHA’s small entity Compliance Guide for cranes and derricks in construction standard
OPERATOR QUALIFICATION & CERTIFICATION
IMPORTANT: On Sept. 26, 2014, OSHA published a final rule that extends the deadline for crane operator certification in the cranes standard at
29 CFR 1926.1427 for three years, to
Nov. 10, 2017 (published in the
Federal Register). The final rule also extends the employer’s duty to ensure that operators are competent to operate the crane safely for the same three-year period. During this extension, OSHA will address operator qualification through additional rule-making. OSHA will provide updated information about the crane operator certification and qualification requirements as it becomes available on OSHA’s
cranes and derricks in construction page.
What must employers do before the operator certification requirements go into effect to ensure the competency of their operators?
Employers must ensure that equipment operators are competent through training and experience to operate the equipment safely (see 29 CFR 1926.1427(k)(2)). If an employee assigned to operate a crane does not have the required knowledge or ability to operate the equipment safely, the employer must train that employee before allowing him or her to operate the equipment and must evaluate the operator to confirm that he or she understands the information provided in the training (see 29 CFR 1926.1427(f) training requirements).
Does OSHA require operators to be certified under existing state, county or city licensing programs?
The answer depends on whether the licensing criteria meets the minimum requirements (“federal floor”) in 29 CFR 1926.1427(e)(2) and (j). If a state or local jurisdiction has a licensing program that meets the federal floor, OSHA requires the employer to ensure that all operators operating within that jurisdiction are licensed by that state or local jurisdiction, unless they are qualified by the U.S. military (see §1926.1427(a)(1)).
This requirement went into effect in November 2010. Note, however, that the crane standard’s operator certification requirements do not supersede state or local licensing laws. If the licensing program does not meet the federal floor, OSHA does not require operators to be licensed in accordance with that program, although the operator may still be subject to action by the state or local authority for failure to comply with its requirements.
Who will determine if a state or local operator certification process meets the federal floor requirements in 29 CFR 1926.1427?
Initially, states or local governments are responsible for determining if a state or local operator certification program meets the requirements of 29 CFR 1926.1427(e)(2)(i-ii) (see §1926.1427(e)(2)(iii)).
OSHA does not require compliance with a state or local licensing requirement unless the state or local authority that oversees the licensing department or office assesses that program and determines that it meets the minimum requirements in §1926.1427(e)(2)(i) and (ii), including satisfying the substantive testing criteria of §1926.1427(j) through written and practical tests and providing testing procedures for relicensing.
OSHA does not intend to require compliance with a state or local licensing requirement absent a public statement by the authority with oversight responsibility for the licensing office that the licensing program meets OSHA’s minimum requirements and the reason for that determination. However, OSHA has the final authority in determining that the program meets minimum OSHA requirements.
Is the option for qualification by the U.S. military available to employees of private contractors working under contract to the Department of Defense?
No. This option is only available to civilian and uniformed employees of the Department of Defense. When the operator certification requirements are in effect, private contractors must use one of the other options for operator certification/qualification available under 29 CFR 1926.1427.
Does OSHA endorse or approve testing bodies for operator certification or other purposes under the cranes standard?
No. OSHA does not evaluate or approve crane operator training courses or crane operator certification testing bodies. Under the cranes standard, operator certification testing bodies must be accredited by a nationally recognized accrediting agency (29 CFR 1926.1427(b)(1)(i)). Currently the American National Standards Institute (ANSI) and the National Commission for Certifying Agencies (NCCA) are the two organizations that OSHA has identified as nationally recognized accrediting agencies.
SIGNAL PERSON QUALIFICATIONS
What qualifications must a signal person possess?
A signal person must:
- Know and understand the type of signals used;
- Be competent in the application of the type of signals used;
- Have a basic understanding of equipment operation and limitations, including the crane dynamics involved in swinging and stopping loads and boom deflection from hoisting loads; and
- Know and understand the relevant requirements of the provisions of the standard relating to signals.
How does an employer know whether a signal person is qualified?
Under 29 CFR 1926.1428, employers must determine that a signal person is qualified through the assessment of a qualified evaluator, who must meet one of the following definitions in §1926.1401:
- Third-party qualified evaluator (“an entity that, due to its independence and expertise, has demonstrated that it is competent in accurately assessing whether individuals meet the qualification requirements in this subpart for a signal person”). The signal person must have documentation from a third-party qualified evaluator showing that he or she meets the qualification requirements.
- Employer’s qualified evaluator (not a third party) (“a person employed by the signal person’s employer who has demonstrated that he or she is competent in accurately assessing whether individuals meet the qualification requirements in this subpart for a signal person”). The employer’s qualified evaluator assesses the individual, determines that the individual meets the qualification requirements and provides documentation of that determination. This assessment may not be relied on by other employers.
(See 1/9/12 Interpretation Letter to William Irwin, Jr. and 6/28/11 Interpretation Letter to Walter Wise.)
Must the required training and qualification of a signal person be performed by an accredited organization?
No, but employers must have documentation of the signal person’s qualifications available at the worksite, either in paper form or electronically. For example, the documentation may be accessed from a laptop or tablet, via email or be transmitted from an off-site location by facsimile. While a physical card may serve as proof of a signal person’s qualifications, it is not the only means allowed by the cranes standard.
The documentation must specify each type of signaling (e.g., hand signals, radio signals, etc.) for which the signal person is qualified under the requirements of the standard. The purpose of this documentation is to ensure the on-site availability of a means for crane operators and others to determine quickly whether a signal person is qualified to perform a particular signal for the hoisting job safely.
(See 1/9/12 Interpretation Letter to William Irwin, Jr. and 6/28/11 Interpretation Letter to Walter Wise.)
Do Union and Trade Association Apprenticeship Certification Programs qualify as third party qualified evaluators for purposes of evaluating signal person qualifications in accordance with 29 CFR 1926.1428(a)(1)?
OSHA’s cranes standard requires each employer of a signal person to use a qualified evaluator (a third party or an employee) to verify that the signal person possesses a minimum set of knowledge and skills (29 CFR 1926.1428(a)). In general, OSHA does not evaluate or endorse specific products or programs, and, therefore, makes no determination as to whether a certification program meets the definition of a “qualified evaluator (third party).”
It should be noted, however, that in the preamble to the cranes standard, OSHA stated that “labor-management joint apprenticeship training programs that train and assess signal persons would typically meet the definition for a third-party qualified evaluator…”
(See the preamble to the cranes standard in the Federal Register at 75 FR 48029.)
With regard to training, the employer is ultimately responsible for assuring that its employees are adequately trained regardless of whether the employees’ qualification is assessed by the employer or a third party.
(See 1/9/12 Interpretation Letter to William Irwin, Jr. and 6/28/11 Interpretation Letter to Walter Wise.)
Does a certified operator automatically satisfy the criteria for being a qualified signal person under 29 CFR 1926.1428?
No. To qualify as a signal person, the operator would need to be evaluated by a qualified evaluator, satisfy the specified testing requirements for signal persons under 29 CFR 1926.1428 and documentation must identify the types of signaling (e.g., hand, radio, etc.) for which the operator has been evaluated.
In some cases, the operator’s certification process may also satisfy the signal person qualification requirements, depending on the qualifications of the certifying organization, the content of the certification exam and the documentation provided by the certifying organization. In general, the qualifications of a signal person and an equipment operator are not considered one in the same.
I received a license or certificate from an accredited organization as a trainer in signaling. Does this qualify me to be an evaluator of the qualifications of signal persons?
Not necessarily. While being an accredited trainer may indicate that the trainer possesses the skills for effectively communicating subject matter to trainees, a qualified evaluator must also have demonstrated that he or she is competent in accurately assessing whether individuals have the qualifications required by the cranes standard. For further information regarding signal person qualifications, refer to related fact sheets.
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Safety programs not only have a positive impact on your bottom line, they improve productivity and increase employee morale. But how can you measure this?
According to the Occupational Safety and Health Administration (OSHA), workplaces that establish safety and health management systems can reduce their injury and illness costs by 20 to 40 percent. Safe environments also improve employee morale, which positively impacts productivity and service. When it comes to the costs associated with safety, consider the following statistics from OSHA:
- U.S. employers pay almost $1 billion per week for direct workers’ compensation costs alone, which comes straight out of company profits.
- Injuries and illnesses increase workers’ compensation and retraining costs.
- Lost productivity from injuries and illnesses costs companies roughly $63 billion each year.
In today’s business environment, these safety-related costs can be the difference between reporting a profit or a loss. Use these tips to understand how safety programs will directly affect your company’s bottom line.
The Cost of Safety – How Can You Measure This?
Demonstrating the value of safety to management is often a challenge because the return on investment (ROI) can be cumbersome to measure. Your goal in measuring safety is to balance your investment vs. the return expected.
Where do you begin?
There are many different approaches to measuring the cost of safety, and the way you do so depends on your goal. Defining your goal helps you to determine what costs to track and how complex your tracking will be.
For example, you may want to capture certain data simply to determine what costs to build into the price of a product, or you may want to track your company’s total cost of safety to show increased profitability, which would include more specific data collection like safety wages and benefits, operational costs and insurance costs.
Since measuring can be time consuming, general cost formulas are available. A Stanford study conducted by Levitt and Samuelson places safety costs at 2.5 percent of overall costs, and a study published by the Economist Intelligence Unit (EIU) estimates general safety costs at about 8 percent of payroll.
If it is important for your organization to measure safety as it relates to profitability, more accurate tracking should be done.
For measuring data, safety costs can be divided into two categories:
Direct (hard) costs, which include:
- Safety wages
- Operational costs
- Insurance premiums and/or attorney’s fees
- Accidents and incidents
- Fines and/or penalties
Indirect (soft) costs, which go beyond those recorded on paper, such as:
- Accident investigation
- Repairing damaged property
- Administrative expenses
- Worker stress in the aftermath of an accident resulting in lost productivity, low employee morale and increased absenteeism
- Training and compensating replacement workers
- Poor reputation, which translates to difficulty attracting skilled workers and lost business share
When calculating soft costs, minor accidents costs are about four times greater than direct costs, and serious accidents are about 10 to 15 times greater, especially if the accident generates OSHA fines or litigation costs. According to IRMI, just the act of measuring costs will drive improvement.
In theory, those providing the data become more aware of the costs and begin managing them. This supports the common business belief that what gets measured gets managed. And, as costs go down, what gets rewarded gets repeated.
The Value of Safety
OSHA studies indicate that for every $1 invested in effective safety programs, you can save $4 to $6 as illnesses, injuries and fatalities decline. With a good safety program in place, your costs will naturally decrease. It is important to determine what costs to measure to establish benchmarks, which can then be used to demonstrate the value of safety over time.
Also, keep in mind that your total cost of safety is just one part of managing your total cost of risk. When safety is managed and monitored, it can also help drive down your total cost of risk. For example, a fall protection program implementation reduced one agribusiness’ accident costs by 96 percent – from $4.25 to $0.18 per person/hour.
Considering the statistics, safety experts believe that there is direct correlation between safety and a company’s profit. We are committed to helping you establish a strong safety, health and environmental program that protects both your workers and your bottom line. Contact us today at 831-661-5697 to learn more about our value-added services.
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OVERVIEW
The Occupational Safety and Health Administration’s (OSHA) electronic reporting rule requires certain establishments to report information electronically from their OSHA Forms 300, 300A and 301. The rule also requires OSHA to create a website that can be used to submit the required information. Under the rule, the first reports are due by July 1, 2017.
However, on a recent update to its recordkeeping webpage, OSHA indicated it will not be ready to receive electronic workplace injury and illness reports by the established deadline. No new reporting deadline has been adopted yet.
ACTION STEPS
OSHA has not officially delayed the July 1, 2017, deadline, but its website will not be ready to receive electronic reports from employers by this time.
Affected establishments should continue to record and report workplace injuries as required by law and should monitor these developments to learn whether a new reporting deadline will be adopted.
HIGHLIGHTS
- The rule requires OSHA to create and provide a secure website to transmit electronic information.
- Under the rule, OSHA will publicize the information received from the electronic reports.
- The final rule has met significant opposition and its validity is currently being challenged in federal court.
IMPORTANT DATES
May 12, 2016
OSHA issues its final electronic reporting rule. The first reporting deadline is set for July 1, 2017.
May 16, 2017
OSHA indicates its reporting website will not be ready to receive the first reports by the July 1 deadline.
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