OSHA Related

Updates to OSHA’s Recordkeeping Rule

From OSHA’s QuickTakes September 15, 2014 · Volume 13, Issue 18

OSHA expands requirement for reporting fatalities and severe injuries and updates the list of industries exempt from recordkeeping requirements.

A final rule announced Sept. 11 requires employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go into effect on Jan. 1, 2015 for workplaces under federal OSHA jurisdiction.

“Today, the Bureau of Labor Statistics reported that 4,405 workers were killed on the job in 2013. We can and must do more to keep America’s workers safe and healthy,” said U.S. Secretary of Labor Thomas E. Perez. “Workplace injuries and fatalities are absolutely preventable, and these new requirements will help OSHA focus its resources and hold employers accountable for preventing them.”

“Hospitalizations and amputations are sentinel events, indicating that serious hazards are likely to be present at a workplace and that an intervention is warranted to protect the other workers at the establishment,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health.

Under the revised rule, employers will be required to notify OSHA of work-related fatalities within eight hours, and work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours. Previously, OSHA’s regulations required an employer to report only work-related fatalities and in-patient hospitalizations of three or more employees. Reporting single hospitalizations, amputations or loss of an eye was not required under the previous rule.

Employers can report these events by telephone to the nearest OSHA Area Office during normal business hours or the 24-hour OSHA hotline 1-800-321-OSHA [6742], or electronically through a new tool which will be released soon and accessible at www.osha.gov/report_online.

In a final rule posted in the Federal Register on Sept. 11, OSHA has also updated the list of industries that, due to relatively low occupational injury and illness rates, are exempt from the requirement to routinely keep injury and illness records. The rule will go into effect Jan. 1, 2015 for workplaces under federal OSHA jurisdiction.

The previous list of exempt industries was based on the old Standard Industrial Classification system and the new rule uses the North American Industry Classification System to classify establishments by industry. The new list is based on updated injury and illness data from the Bureau of Labor Statistics.

The new rule maintains the exemption for any employer with 10 or fewer employees, regardless of their industry classification, from the requirement to routinely keep records of worker injuries and illnesses.

OSHA has posted a new website with plain language materials about the new requirements. For more information on the industries now exempt from keeping records or new industries now covered, please visit www.osha.gov/recordkeeping2014. OSHA has also posted training material and other guidance on how to keep OSHA records to make it easy for newly covered employers to comply.

All employers covered by the Occupational Safety and Health Act, even those who are exempt from maintaining injury and illness records, are required to comply with OSHA’s new severe injury and illness reporting requirements. For more information, see the news release, Assistant Secretary Michaels’ statement, and OSHA’s new Web page on the revised rule.

Thank You Maryann!

MaryannThxSAFER wishes to publicly thank Maryann Mederios, MPH, CSP, Compliance Assistance Specialist for OSHA, Providence, RI.

Her true dedication to safety has helped countless employees and employers over the years throughout the Rhode Island area in both General and Construction industries.

We wish her great success with her recent promotion as the Area Director for OSHA’s Augusta Area Office in Maine.

Campaign to Prevent Heat Illness in Outdoor Workers

Trade News Release Banner Image

Release: 14-929-NAT
Date: May 22, 2014
Contact: Ann Mangold Jesse Lawder
Phone: 202-693-4679 202-693-4659
Email: : mangold.ann.r@dol.gov lawder.jesse@dol.gov

Annual summer campaign to prevent heat-related illnesses
launched by US Labor Department
“Water. Rest. Shade.” and acclimatization are critical in preventing heat illness and fatalities

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration has announced the launch of its annual Campaign to Prevent Heat Illness in Outdoor Workers. For the fourth consecutive year, OSHA’s campaign aims to raise awareness and educate workers and employers about the dangers of working in hot weather and provide resources and guidance to address these hazards. Workers at particular risk are those in outdoor industries, such as agriculture, construction, landscaping and transportation.

“Heat-related illnesses can be fatal, and employers are responsible for keeping workers safe,” said U.S. Secretary of Labor Thomas E. Perez. “Employers can take a few easy steps to save lives, including scheduling frequent water breaks, providing shade and allowing ample time to rest.”

WATER. REST. SHADE. The work can't get done without them.

Thousands of employees become sick each year and many die from working in the heat. In 2012, there were 31 heat-related worker deaths and 4,120 heat-related worker illnesses. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but can quickly escalate to heat exhaustion and then heat stroke if simple preventative measures are not followed. Heat illness disproportionately affects those who have not built up a tolerance to heat (acclimatization), and it is especially dangerous for new and temporary workers.

“Acclimatization is a physical change that the body undergoes to build tolerance to heat, and it is a critical part of preventing heat illnesses and fatalities,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Over the past three years, lack of acclimatization was the cause in 74 percent of heat-related citations issued. Employers have a responsibility to provide workplaces that are safe from recognized hazards, including outdoor heat.”

Last year, OSHA issued 11 heat-related citations. In some of these cases, the employer and staffing agency were cited because they involved temporary workers.

In preparation for the summer season, OSHA has developed heat illness educational materials in English and Spanish, as well as a curriculum to be used for workplace training, also available in both English and Spanish. Additionally, a Web page provides information and resources on heat illness – including how to prevent it and what to do in case of an emergency – for workers and employers. The page is available at: http://www.osha.gov/SLTC/heatillness/index.html.

OSHA also has released a free application for mobile devices that enables workers and supervisors to monitor the heat index at their work sites. The app displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level. Since its 2011 launch, more than 130,000 users have downloaded the app. Available for Android-based platforms and the iPhone, the app can be downloaded in English and Spanish by visiting: http://www.osha.gov/SLTC/heatillness/heat_index/heat_app.html.

In developing its inaugural national campaign in 2011, federal OSHA worked closely with the California Occupational Safety and Health Administration and adapted materials from that state’s successful campaign. Additionally, OSHA is partnering with the National Oceanic and Atmospheric Administration to incorporate worker safety precautions when heat alerts are issued across the nation. NOAA also will include pertinent worker safety information on its heat watch Web page at http://www.noaawatch.gov/themes/heat.php.

Crystalline Silica

From OSHA’s website:

Inhalation of very small (respirable) crystalline silica particles puts workers at risk for silicosis, lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease. OSHA recently released a proposed rule to protect workers exposed to respirable crystalline silica.

This is a proposal, not a final rule. OSHA encourages the public to participate in development of the rule by submitting comments and participating in public hearings. Your input will help OSHA develop a rule that ensures healthy working conditions for employees and is feasible for employers.

“Exposure to silica can be deadly, and limiting that exposure is essential. Every year, many exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis – an incurable and progressive disease – as well as lung cancer, other respiratory diseases, and kidney disease. Workers affected by silica are fathers, mothers, sisters and brothers lost to entirely preventable illnesses. We’re looking forward to public comment on the proposal.”

Dr. David Michaels Assistant Secretary of Labor for Occupational Safety and Health

OSHA estimates that the proposed rule will save nearly 700 lives and prevent 1,600 new cases of silicosis per year, once the full effects of the rule are realized.

The proposed rule is the result of extensive review of scientific evidence relating to the health risks of exposure to respirable crystalline silica, analysis of the diverse industries where worker exposure to crystalline silica occurs, and robust outreach efforts to affected stakeholders. OSHA carefully considered current industry consensus standards on crystalline silica exposure, recommendations from small business representatives, and input from other interested parties and partner agencies in developing the proposed rule.

OSHA currently enforces 40-year-old permissible exposure limits (PELs) for crystalline silica in general industry, construction and shipyards that are outdated, inconsistent between industries, and do not adequately protect worker health. The proposed rule brings protections into the 21st century.

“The National Institute for Occupational Safety and Health (NIOSH) is pleased to join with Dr. Michaels and our partners in labor and industry in OSHA’s announcement of the notice of proposed rulemaking on occupational exposure to crystalline silica. NIOSH has a long history of research and recommendations on preventing worker exposure to respirable crystalline silica. Ensuring the health and safety of all workers is an important part of ensuring a strong economy and future economic growth.”

Dr. John Howard Director of the National Institute for Occupational Safety and Health

Select from the tabs at the top of the page to learn more about the proposed rule and ways you can contribute during the rulemaking process.

Without proper engineering controls, workers can be exposed to harmful levels of respirable crystalline silica that can cause silicosis, lung cancer, and other lung and kidney diseases (below)

Saw cutting ImagesCourtesy New Jersey Department of Health

Applying water to a saw blade when cutting materials that contain crystalline silica — such as stone, rock, concrete, brick, and block — substantially reduces the amount of dust created during these operations (right)

Saw cutting ImagesCourtesy Husqvarna ABSilica Rulemaking Information/Press/Statements

News Releases

Statements

Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels’ Opening Statement at Silica Hearing [3/18/14]

Directorate of Standards and Guidance Acting Director William Perry’s Opening Statement at Silica Hearing
[Full Statement] [Synopsis] [3/18/14]

Statements on Announcement of Proposed Rule:

Silica Blog

FACT SHEET: OSHA’s Proposed Crystalline Silica Rule: Overview [PDF* 430 KB] ] En español [PDF* 375 KB]

FACT SHEET: Construction [PDF* 445 KB] En español [PDF* 428 KB]

FACT SHEET: General Industry & Maritime [PDF* 525 KB] En español [PDF* 497 KB]

FACT SHEET: Information for Small Businesses [PDF* 485 KB] En español [PDF* 449 KB]

Frequently Asked Questions (FAQs) [PDF* 183 KB]

Notice of Proposed Rulemaking (NPRM)
The NPRM is OSHA’s formal notice of regulatory action related to Occupational Exposure to Crystalline Silica. The NPRM contains some background information on analyses related to the proposed rule, as well as the proposed regulatory text. OSHA welcomes public comments on the NPRM.

Health Effects & Risk Assessment Background Documents [PDF* 2.28 MB] As part of the rulemaking process, OSHA carefully evaluated health effects of and the risk of morbidity and mortality associated with occupational exposure to crystalline silica. A Health Effects Supplement [PDF*] contains OSHA’s assessment of additional literature published after its preliminary analysis was complete. OSHA welcomes public comments on these background documents.

Preliminary Economic Analysis (PEA) [PDF* 12 MB] The PEA details OSHA’s estimation of costs, benefits, and other economic impacts of the proposed rule. OSHA welcomes public comments on the PEA.

Employment Analysis [PDF* 397 KB] Inforum, an independent, not-for-profit research entity, estimated the industry and aggregate employment effects of the proposed silica rule

Federal Docket for Silica Rulemaking
Visit the federal docket folder on Regulations.gov to examine supporting materials for the proposed rule and review comments submitted by other members of the public, workers and worker groups, affected industries, and other interested parties. You may also submit your own comments on the silica rulemaking to the docket via the link above.

Hearing Information

Hearing Schedule

Hearing Procedures

Amendment to Hearing Procedures

Public Participation in the Rulemaking Process

Review Materials Submitted to OSHA

All testimony, comments, and other materials submitted to the rulemaking docket are or will be listed online at http://www.regulations.gov (Docket ID# OSHA-2010-0034); however, some information (e.g., copyrighted material) is not publicly available to read or download through that website.  All submissions to the docket, including copyrighted material, are available for inspection and, where permissible, copying at the OSHA Docket Office, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue NW, Washington, DC 20210.

Provide Comments after Public Hearings

The public hearings closed on April 4, 2014. Those members of the public who filed a timely written notice of intention to appear prior to the hearings are able to submit additional comments. Evidence and data relevant to the proceeding must be submitted by June 3, 2014. Final briefs, arguments, and summations must be submitted by July 18, 2014. Post-hearing comments and briefs can be submitted by:

  • Visiting the Federal e-Rulemaking Portal at http://www.regulations.gov, Docket ID# OSHA-2010-0034.
  • Faxing OSHA’s Docket Office at 202-693-1648 (for comments of 10 pages or less).
  • Sending hard-copy documents (via regular mail, express delivery, courier, or hand delivery) to the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210.

For more information about the post-hearing comment period, please refer to the:

Hearing Procedures

Amendment to Hearing Procedures

Scientific and Technical Resources

Additional Resources

Safety & Health Topics Page on Crystalline Silica
OSHA’s Safety & Health Topics page on Crystalline Silica is the Agency’s main resource for information about silica hazards, health effects, control methods, and other standards applicable to protecting workers who are exposed to respirable crystalline silica on the job.

MSHA Silicosis Prevention web page
The Mine Safety & Health Administration (MSHA) provides information about silica hazards specific to the mining industry. Miners and mine employers can find useful information about hazard identification and control from this page.

NIOSH Silica Information web page
The National Institute for Occupational Safety & Health (NIOSH) has conducted extensive research about health hazard identification and control for respirable crystalline silica.

Archived Silica Web Chat

OSHA’s Notice of Proposed Rulemaking (NPRM) for Occupational Exposure to Respirable Crystalline Silica was published in the Federal Register on September 12, 2013. The NPRM is available from the Federal Register in print (Document number: 2013-20997) or online at https://federalregister.gov/a/2013-20997.

2013 “Deadly Dust” Silica Video

Video will begin shortly

Many American families have seen first-hand the tragic effects of silicosis. Watch OSHA’s new “Deadly Dust” video to learn more about their stories and how dust control methods can help limit workers’ exposure to crystalline silica.

Contractors adopt innovative concrete drill jig to reduce silica exposures during concrete drilling operations

Contractors adopt innovative concrete drill jig to reduce silica exposures during concrete drilling operations. Read more.

1938 “Stop Silicosis” Video

This 1938 video features former Secretary of Labor, Frances Perkins (1933-1945), and describes both the hazards associated with silica exposure and the U.S. Department of Labor’s early efforts to ensure safe and healthful working conditions for America’s working men and women. Although tremendous progress has been made since this video was produced, evidence indicates that a substantial number of workers still suffer from silica-related diseases. This video is available for download at http://archive.org/details/StopSilicosis

What is Crystalline Silica?

Respirable crystalline silica – very small particles at least 100 times smaller than ordinary sand you might encounter on beaches and playgrounds – is created during work operations involving stone, rock, concrete, brick, block, mortar, and industrial sand. Exposures to respirable crystalline silica can occur when cutting, sawing, grinding, drilling, and crushing these materials. These exposures are common in brick, concrete, and pottery manufacturing operations, as well as during operations using industrial sand products, such as in foundries, sand blasting, and hydraulic fracturing (fracking) operations in the oil and gas industry.

National Safety Stand-Down

From OSHA’s website:

The purpose of the National Fall Prevention Stand-Down is to raise awareness of preventing fall hazards in construction. Fatalities caused by falls from elevation continue to be a leading cause of death for construction workers, accounting for 269 of the 775 construction fatalities recorded in 2012. Those deaths were preventable. Fall prevention safety standards were among the top 10 most frequently cited OSHA standards, during fiscal year 2012.


What is a Safety Stand-Down?

A Safety Stand-Down is a voluntary event for employers to talk directly to employees about safety, this year we are focusing on “Fall Hazards” and to reinforce the importance of “Fall Prevention.”

How to Conduct a Safety Stand-Down and FAQ’s

Companies can conduct a Safety Stand-Down by taking a break to have a toolbox talk or another safety activity such as conducting safety equipment inspections, developing rescue plans, or discussing job specific hazards. Managers are encouraged to plan a stand-down that works best for their workplace anytime during the week of June 2-6, 2014. See Suggestions to Prepare for a Successful “Stand-Down.”

The goal is to have over 25,000 employers and 500,000 workers to hold a Stand-Down and if we meet this goal, we will have touched almost 1 out of 10 construction workers in the country.

Who Can Participate?

Participants may include employer’s trade associations, federal, state and local governmental agencies, professional societies, institutes, and consumer/labor-management interest organizations, sub-and independent contractors.

Partners

OSHA is partnering with key groups to assist with this effort, including the National Institute for Occupational Safety and Health (NIOSH), OSHA approved State Plans, State consultation programs, the Center for Construction Research and Training (CPWR), the American Society of Safety Engineers (ASSE), the National Safety Council, and the OSHA Training Institute (OTI) Education Centers.

Certificate of Participation

Note: Page will be active on June 2nd.

Employers will be able to provide feedback and download Certificates of Participation on their experience June 2 to July 15, 2014 following their stand-down.

Share Your Story With Us

If you want to share information with OSHA on your Safety Stand-Down, Fall Prevention Programs or suggestions on how we can improve future initiatives like this, please send your email to oshastanddown@dol.gov.

Tornado Preparedness and Response

OSHA added helpful information on Tornado Preparedness and Response. Full link here. First page from OSHA’s website:

Tornadoes can occur with little or no warning. Taking precautions in advance of the storms, such as developing an emergency plan, learning the warning signs, and monitoring tornado watches and warnings, can help you stay safe if a tornado occurs in your area.

OSHA and NOAA are working together on a public education effort aimed at improving the way people prepare for and respond to severe weather. This page is designed to help businesses and their workers prepare for tornadoes, and to provide information about hazards that workers may face in the aftermath of a tornado.

National Severe Weather Preparedness Week - March 2-8, 2014To prepare for a tornado, businesses should develop an emergency plan. The plan should include details on suitable places to take shelter, policies to ensure all personnel are accounted for, and procedures for addressing any hazardous materials that are on-site. It is also recommended that individuals develop action plans for their families.

The Checklists and Additional Resources pages offer a simple way to make sure that you are prepared for a tornado, including suggestions for communications equipment and personal preparedness kits.

After a tornado has occurred, as businesses take steps to recover from the storm, workers may face significant hazards including the potential for additional storms, downed electric lines, and sharp debris. Workers should also be aware of hazards from heat stress and from equipment used during response/recovery operations, such as portable generators. Workers will need to take special precautions in order to stay safe during response and recovery operations. The Response/Recovery page has more information on these hazards and protections workers should employ.

Employer Responsibilities

Each employer is responsible for the safety and health of its workers and for providing a safe and healthful workplace for its workers. Employers are required to protect workers from the anticipated hazards associated with the response and recovery operations that workers are likely to conduct. For additional information on Workers’ Rights, Employer Responsibilities, and other services OSHA offers, visit OSHA’s Compliance Assistance Page, Workers Page and Publications.

OSHA Fall Prevention Campaign

Full link here. From OSHA’s webpage:

FALLS ARE THE LEADING CAUSE OF DEATH IN CONSTRUCTION. In 2010, there were 264 fall fatalities (255 falls to lower level) out of 774 total fatalities in construction. These deaths are preventable.

Falls can be prevented and lives can be saved through three simple steps:

This website is part of OSHA’s nationwide outreach campaign to raise awareness among workers and employers about the hazards of falls from ladders, scaffolds and roofs. The educational resources page gives workers and employers information about falls and how to prevent them. There are also training tools for employers to use and posters to display at their worksites. Many of the new resources target vulnerable workers with limited English proficiency.

We invite you to join in this effort by helping to reach workers and employers in your community with the resources you find on this site. OSHA will continue to add information and tools to this page throughout the year.

OSHA has partnered with the National Institute for Occupational Safety and Health and National Occupational Research Agenda (NORA) – Construction Sector on this nationwide outreach campaign to raise awareness among workers and employers about common fall hazards in construction, and how falls from ladders, scaffolds and roofs can be prevented and lives can be saved. Here’s how:

PLAN ahead to get the job done safely
When working from heights, such as ladders, scaffolds, and roofs, employers must plan projects to ensure that the job is done safely. Begin by deciding how the job will be done, what tasks will be involved, and what safety equipment may be needed to complete each task.

When estimating the cost of a job, employers should include safety equipment, and plan to have all the necessary equipment and tools available at the construction site. For example, in a roofing job, think about all of the different fall hazards, such as holes or skylights and leading edges, then plan and select fall protection suitable to that work, such as personal fall arrest systems (PFAS).

PROVIDE the right equipment
Workers who are six feet or more above lower levels are at risk for serious injury or death if they should fall. To protect these workers, employers must provide fall protection and the right equipment for the job, including the right kinds of ladders, scaffolds, and safety gear.

Different ladders and scaffolds are appropriate for different jobs. Always provide workers with the kind they need to get the job done safely. For roof work, there are many ways to prevent falls. If workers use personal fall arrest systems (PFAS), provide a harness for each worker who needs to tie off to the anchor. Make sure the PFAS fits, and regularly inspect all fall protection equipment to ensure it’s still in good condition and safe to use.

TRAIN everyone to use the equipment safely
Falls can be prevented when workers understand proper set-up and safe use of equipment, so they need training on the specific equipment they will use to complete the job. Employers must train workers in hazard recognition and in the care and safe use ladders, scaffolds, fall protection systems, and other equipment they’ll be using on the job.

OSHA has provided numerous materials and resources that employers can use during toolbox talks to train workers on safe practices to avoid falls in construction. Falls from ladders, scaffolds and roofs can be prevented and lives can be saved through three simple steps: Plan, Provide and Train.