Knowing what to expect from an OSHA inspection can make the experience less stressful. Here is a brief overview:
Arrival
An inspector arrives at your facility during normal business hours, unless you are contacted prior to the visit. The inspector shows you his or her credentials issued by the U.S. Department of Labor, which authorize the inspection.
Preliminary Conference
The inspector tells you why OSHA selected your company, explains why the inspection is taking place, and reviews with you the standards which apply to your industry. You must then select an employee to accompany the officer during the inspection. Having an assigned guide selected prior to an inspection will help make the inspection process more efficient and will also help avoid unnecessary delays.
Tour
The officer will then inspect your workplace. The agenda for the inspection and its length is at the discretion of the officer, although most compliance officers cause as little interruption to your workday as possible.
During the inspection: The officer will investigate working conditions and ask questions of employees. He or she may take photographs or record instrument readings relating to safety and health hazards, take environmental samples, request files recording deaths, injuries, and illnesses, or instances of possible exposure to toxic solutions or harmful agents.
If the officer points out an easily correctable hazard—like a puddle of oil on a walkway—correct it right away to demonstrate your concern and your cooperation. Your action may or may not avoid an official notation.
Closing Conference
The officer will discuss findings, identifying any possible violations. Penalties cannot be discussed at this conference since only the OSHA area director sets penalties. Later, the officer will file a report with the area director. Any citations or penalties will be delivered to you via certified mail.
Inspections are stressful situations. But if you have done your homework, inspected your company regularly and taken steps to eliminate hazards, you have greatly increased the possibility of a good review.
Even if you never are officially inspected, self-evaluations may prevent accidents that will save you frustrating downtime, costly overtime, workers’ compensation claim costs, or even a potential lawsuit.
Are you prepared for an OSHA visit? If not, call Tony Scurich at 831-661-5697 to learn more about self-inspections and OSHA inspection criteria.
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If an employee is away, restricted or transferred for an extended period of time, follow these guidelines for completing the OSHA 300 form:
- Enter an estimate of the days the employee will be away.
- Begin counting days on the day after the injury occurred or the illness began, and update this number when you know the actual number of days.
- The count of days away from work ends on the date the physician or other licensed health care professional recommends that the employee return to work, whether or not the employee returns earlier or later than that date.
- When there is no physician recommendation, enter the actual number of days the employee is off work.
- Include weekend days, holidays, vacation days or other days off in the number of days recorded if the employee would not have been able to work on those days due to a work-related injury or illness.
- When the number of calendar days away from work or days of job transfer or restriction is greater than 180, enter 180 in the “Total Days Away” column.
- If an employee leaves the company for a reason unrelated to the injury or illness, stop counting days away from work or restriction/job transfer.
- If an employee leaves the company because of the injury or illness, estimate the total number of days away or days of restriction/job transfer and enter that estimate.
- Log the number of days away only on the 300 Log for the year in which the incident occurred.
- If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary and then update the initial log entry later when the day count is known or reaches the 180-day cap.
- Never split the number of days between years and enter two amounts for two different years. Only record each injury or illness once.
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OSHA frequently introduces or revises safety rules to remain up to date with new technologies and workplace procedures. In early 2017, two new major rules regarding injury and illness reporting will be in effect that all employers and establishments should be aware of.
OSHA’s electronic reporting rule will require some establishments to electronically submit data from their work-related injury records to OSHA. This rule becomes effective on Jan. 1, 2017. Under the new rule, establishments with 250 or more employees must electronically submit data from their OSHA 300, 300A and 301 forms. OSHA will then remove any personally identifiable information (PII) and post the establishment-specific data on its website.
In response to the electronic reporting rule, OSHA released an anti-retaliation rule that went into effect on Dec. 1, 2016. This rule includes two major requirements for employers:
- Employers must inform their employees that they have a right to report work-related injuries and illnesses without any form of retaliation.
- Employer must ensure that “reasonable” procedures are in place for employees to report work-related injuries and illnesses.
Because these two new rules may dramatically change how establishments and employees report injuries and illnesses, it’s important for employers to understand their reporting responsibilities. For more information, contact us today and ask for our two compliance bulletins, “OSHA Issues Final Rule on Electronic Reporting” and “OSHA’s Anti-retaliation Rules to Take Effect Dec. 1, 2016.”
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It’s that time of year: February 1, 2017 marks the deadline for you to tabulate your annual OSHA Log Summary (OSHA Form 300A) and post it in a common area wherever notices to employees are usually posted.
The summary must list the total number of job-related injuries and illnesses that occurred during the previous calendar year and were logged on the OSHA 300 Form. And don’t forget to leave the Summary posted until April 30, 2017.
If you need additional assistance, have questions about recordability, or would like to compare your loss performance trends against benchmarking data, contact us today at (831) 661-5697 for more information.
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On Jan. 9, 2017, the Occupational Safety and Health Administration (OSHA) issued a final rule that amends its beryllium standards for the general, construction and shipyard industries.
The final rule sets a new permissible exposure level (PEL) and requires new provisions to protect workers, including exposure control measures, exposure assessments, respiratory protection, personal protective clothing and equipment, and new conventions for housekeeping, medical surveillance, hazard communication and record keeping.
The final rule becomes effective on March 10, 2017, though compliance is not required on most provisions until March 12, 2018.
ACTION STEPS
Employers should become familiar with the new standards and evaluate their current workplace practices and training programs to ensure compliance with the final rule by the applicable deadlines.
Beryllium
Beryllium is a metal that is lighter than aluminum and stronger than steel. Beryllium is also durable, stable, conductive and nonmagnetic. Because of its properties, beryllium is often used as an alloying agent to produce beryllium copper, and it can be found in nuclear reactors, machine parts and springs, complex electronic equipment and aircraft.
However, beryllium is also very toxic. Exposure to unsafe beryllium levels can cause respiratory problems and skin disease. Beryllium exposure can also affect an individual’s eyes, liver, kidneys, heart, nervous system and lymphatic system. Also, beryllium is a known cancer-causing substance.
Affected Employers
OSHA estimates that approximately 35,000 workers are exposed to beryllium in approximately 4,088 establishments in the United States. However, even though the highest risk of exposure for workers is at the workplace, exposure can also happen through contaminated clothing and vehicles and can affect a worker’s family members and the general public.
Employers in manufacturing and alloy production, machining and fabrication, and recycling have traditionally shown the highest average exposures to beryllium.
New PELs
The final rule establishes two new PELs that apply to beryllium in all of its forms, compounds and mixtures. These standards are:
| TWA PEL 0.2 μg/m3
An eight-hour time-weighted average (TWA) PEL of 0.2 micrograms per cubic meter of air |
& |
STEL PEL 2.0 μg/m3
A 15-minute short-term exposure limit (STEL) of 2.0 micrograms per cubic meter of air |
TWA PEL
The TWA PEL dictates that employers cannot allow the average worker exposure during an eight-hour work shift to exceed 0.2 μg/m3. The new TWA PEL represents one-tenth of the previous PEL. The new TWA PEL is ten times smaller than the previous PEL because OSHA found that the previous standard posed a “significant risk of material impairment of health to exposed workers.”
Even though OSHA concluded that a TWA PEL of 0.1 μg/m3 was preferable, it chose to adopt the 0.2 PEL out of concerns over the feasibility of implementing a 0.1 TWA PEL.
STEL PEL
The STEL PEL, or ceiling limit, was adopted because even the 0.2 μg/m3 TWA PEL continues to pose a significant health hazard to workers. The STEL PEL is intended to protect workers from the harm that may result from beryllium exposures that, though brief, exceed the TWA PEL.
The final rule sets the beryllium STEL PEL at than 2.0 μg/m3 of beryllium in any 15-minute sample during the work shift. Employers will be required to make sure that no worker is exposed to a higher concentration. Employers will need to measure their STEL PEL during the highest-exposure operations performed by workers.
Action Level
The final rule also implements an action level for beryllium. Under the final rule, the action level for beryllium is a concentration of airborne beryllium of 0.1 μg/m3 calculated as an eight-hour TWA. When beryllium concentrations are equal to or higher than the action level trigger, an employer may have to:
- Conduct periodic exposure monitoring (if the employer is following the scheduled monitoring option);
- List the operations and job titles that are reasonably expected to expose workers at or above the action level as part of their written exposure control plan;
- Ensure that at least one of the controls listed by the final rule is set in place (unless the employer can demonstrate, for each operation or process, that such controls are either not feasible or that worker exposures are below the action level based on at least two representative personal breathing zone samples taken at least seven days apart);
- Provide employee medical surveillance for employees that are exposed at or above the action level for more than 30 days per year (an employer’s medical surveillance obligations allow affected employees to receive exams at least every two years at no cost to the employee);
- Follow medical removal protocols. Employees eligible for removal can choose to remain in environments with exposures at or above the action level, provided they wear respirators. These employees may also choose to be transferred to comparable work in environments with exposures below the action level. However, if comparable work is not available, the employer must maintain the employee’s earnings and benefits for six months or until comparable work becomes available.
Additional Requirements
The table below provides a summary of additional requirements and changes imposed by the final rule.
| Exposure Assessment |
· Employers must provide exposure assessment when workers are reasonably expected to be exposed to airborne beryllium.
· Employers may choose between the performance or schedule monitoring options. |
| Beryllium Work Areas |
· Employers in the general and shipyard industries must establish, maintain, demarcate and limit access to certain areas to limit worker exposure.
· Employers in the construction industry must designate a “competent person” to demarcate certain areas of beryllium exposure. |
| Written Exposure Plan |
· Employers must establish, implement, and maintain a written exposure control plan and specify the information that must be included in the plan.
· Written exposure plans must be reviewed annually and updated as required.
· Employers must also make a copy of the written plan to any employee who is, or can reasonably be expected to be, exposed to airborne beryllium. |
| Respiratory Protection |
· Employers must provide adequate respiratory protection at no cost to their employees. Powered air-purifying respirators (PAPRs) instead of negative pressure respirators must be provided if requested by employees.
· Employers must ensure that employees use respiratory protection in certain situations. |
| Personal Protective Equipment (PPE) |
· Employers must provide adequate PPE to their employees when:
o Exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; and
o There is reasonable expectation of dermal contact with beryllium.
· Employers must follow the final rule’s updated standards for appropriate removal, storage, cleaning and replacement of required PPE. |
| Hazard Communication |
· Employers have to take additional steps to warn and train employees about beryllium hazards. |
| Housekeeping |
· Employers in the general industry must:
o Maintain all surfaces in beryllium work areas as free as practicable of beryllium;
o Clean spills and emergency releases of beryllium promptly;
o Use appropriate cleaning methods; and
o Dispose of materials containing or contaminated with beryllium properly.
· Employers in the shipyard and construction industries must:
o Follow the required written exposure control plan when cleaning beryllium-contaminated areas;
o Use appropriate cleaning methods, and
o Provide beryllium-containing material recipients for use or disposal with a copy of the hazard communication or warning described in the final rule. |
| Hygiene Areas and Practices |
· Under specified circumstances, employers must provide employees with readily accessible washing facilities and change rooms (access to showers for employee use may also be required by the general industry standard).
· Employers must take certain steps to minimize exposure in eating and drinking areas. |
Appendix A
The final rule also includes Appendix A to the final standard for the general industry. This appendix provides information to employers on recommended control options that employers could use to comply with their requirement to reduce exposure to airborne beryllium in beryllium work areas.
However, compliance with the information in Appendix A is recommend, not required. OSHA stated in the final rule “Appendix A is for informational and guidance purposes only and none of the statements in Appendix A should be construed as imposing a mandatory requirement on employers that is not otherwise imposed by the standard. In addition, this appendix is not intended to detract from any obligation that the rule imposes.”
More Information
Please contact [B_Officialname] or visit the OSHA Beryllium webpage for more information on this topic.
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