Frank J. Marino, CSP Partner

Transcription

1 Illinois Roofing Symposium & Legislative Reception Tuesday, April 4 th 2017 Frank J. Marino, CSP Partner

2 Presentation Outline 2016 local Inspection Results 2016 OSHA Top 10 OSHA Update

3 Chicagoland Safety Inspection Deficiencies Fire Protection 13% Access Between Elevations 11% 2016 Inspections With Violations: 71% Without Violations: 29% Electrical 7% Fall Protection 56% Material Storage, Handling, & Disposal 5% Personal Protective Equipment 4% Hazard Communication 2% Scaffold <1%

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5 ACCESS VIOLATIONS Ladder not secured 10% Top / Bottom of ladder not kept clear 5% Wrong ladder type 3% 3 Points of Contact not maintained 2% Break in Elevation > 19"; No steps / ladder 23% Ladder not extended 3 feet 16% Damaged Ladder in use 20% Ladder feet missing 3% Improper use of stepladder 11% Improper ladder footing 2% Hand rail needed 2% Fixed ladder deficiencies 3%

6 FIRE VIOLATIONS Kettle/Tanker fire safety 4% Propane cylinder storage 1% Fire extinguisher discharged 13% Fire extinguisher deficiencies 4% Propane < 10 Feet from torch flame 1% Safety gas can deficiencies 11% Lack of Fire extinguisher 10% Fire extinguisher inspection 17% Compressed gas cylinders not secured 29% Flammable Liquid Handling & Storage 8% Smoking near flammables 2%

7 ELECTRICAL VIOLATIONS Cord ran through wall/window/doo r 3% Exposed wiring 2% Close proximity to electrical power circuit 9% Lack of a GFCI 37% Damaged Electrical Cords / Tools 35% Extension Cord not protected 14%

8 MATERIAL HANDLING VIOLATIONS Fall protection screen for material 5% Roofing material used as beam ballast 5% Rigging: Capacity Marking 5% Improper use of rigging/hand lines 5% Crane hand signal deficiencies 5% Damaged rigging equipment 4% Damaged hoisting equipment 9% Material Storage 62%

9 PPE VIOLATIONS Lack of Safety Glasses 14% Misuse of hardhat 5% Lack of Hardhats 33% Lack of Gloves 10% Protective Clothing 19% Improper use of hardhats 5% Lack of Face-shield 14%

10 OSHA Top 10

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12 Top 10 OSHA Citations by Penalty Amount for Calendar Year 2016

13 Data Parameters INSPECTION DATA FROM THE FOLLOWING OSHA AREA OFFICES: CHICAGO NORTH NORTH AURORA CALUMET CITY MILWAUKEE

14 Citations issued 476 TOTAL VIOLATIONS ISSUED VIOLATION BREAKDOWN: 6 WILLFUL VIOLATIONS 87 REPEAT VIOLATIONS 382 SERIOUS VIOLATIONS 1 OTHER-THAN-SERIOUS VIOLATION

15 no (b)(13) residential construction fall protection 172 violations 5 Willful, 53 repeat, 114 serious $1,147,601 penalty

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18 No (b)(10) Low-slope roof fall protection 58 Violations 12 repeat, 46 serious $359,528 Penalty

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20 No (a)(1) Fall protection training 61 violations 1 willful, 3 repeat, 57 serious $176,779 penalty

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25 No (b)(1) Ladder not extended 3 feet above upper landing surface 55 violations 4 repeat, 50 serious, 1 other-than-serious $134,700 penalty

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27 No (b)(1) unprotected sides & edges 15 Violations 5 repeat, 10 serious $128,318 Penalty

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29 No (a)(1) Eye protection 47 Violations 1 repeat, 46 serious $93,059 Penalty

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31 No (a) No hard hat 32 violations 3 repeat, 29 serious $88,256 penalty

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33 No (b)(22) carrying loads while on ladder 9 violations 1 repeat, 8 serious $46,419 penalty

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35 No (b)(11) STEEP slope roof fall protection 18 Violations 3 repeat, 15 serious $41,712 Penalty

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37 No (g)(1)(i) No fall protection while on a ladder jack scaffold 9 violations 2 repeats, 7 serious $36,876 penalty

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39 Top 10 OSHA Citations by Penalty Amount for Calendar Year total violations $2,253,248 total penalty $4,734 Average per violation

40 OSHA Update

41 Penalty Increase November 2015 Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation Penalties have not been adjusted since 1990 New penalties took effect August 2, 2016 Each year Office of Management & Budget will issue guidance to agencies to adjust their penalties before January 15 of the next year based on the Consumer Price Index (CPI-U) On January 15, 2017, a CPI-U adjustment factor of was applied to OSHA penalties

42 Penalty Increase Type of Violation Current Maximum Penalty New Maximum Penalty Serious Other-Than-Serious Posting Requirements Failure to Abate $12,471 per violation $12,675 per violation $12,471 per day beyond the abatement date $12,675 per day beyond the abatement date Willful or Repeated $124,709 per violation $126,749 per violation Number of Employees in Company Percent Reduction or more None

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44 Crane Standard Certified Crane Operator November 2017

45 Operator Qualifications and Certifications (cont d) Accredited testing organization Employer Qualification Program Portable YES * NO 5 years 5 years US Military license NO * Set by issuing entity State/local license NO * Valid only in entity s jurisdiction Valid Set by issuing entity, not > 5 years 45

46 Written Certification Tests Administered in any language understood by the operator candidate. Test must cover: Controls/performance characteristics Calculate capacity (w/ or w/out calculator) Preventing power line contact Ground support Read and locate info in operating manual Appendix Q subjects

47 Practical Examination Must be well designed and sufficiently comprehensive Must have the demonstrated the skills and knowledge needed to operate the equipment safely. An operator's ability to handle unusual worksite conditions, such as adverse weather or working on crowded jobsites, are hazards that are not commonly part of this exam.

48 New OSHA Recordkeeping Requirements Injury & Illness data, which is already required to be recorded, must now be reported electronically to OSHA Based on behavioral economics, OSHA believes that making injury information publicly available will nudge employers to focus on safety. OSHA will provide a secure website with three options for submission Not all data on Forms 300, 300A, & 301 must be submitted The amount of data required to be submitted is dependent on the size of the employer and the industrial classification (NAICS).

49 New OSHA Recordkeeping Requirements For employers with 250 or more employees: Information on Form 300A due by 7/1/2017 Information on Form 300A & select information on 300 & 301 due by 7/1/2018 Information on Form 300A & select information on 300 & 301 due by 3/2 every year thereafter, starting in 2019 For employers with employees and in certain high-risk industries: Information on Form 300A due by 7/1/2017 Information on Form 300A due by 7/1/2018 Information on Form 300A due by 3/2 every year thereafter, starting in 2019

50 New OSHA Recordkeeping Requirements High-risk industries include but are not limited to: NAICS Industry 11 Agriculture, forestry, fishing and hunting 22 Utilities 23 Construction Manufacturing 42 Wholesale trade

51 New OSHA Recordkeeping Requirements According to OSHA, this regulation will also improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses. Although Section 11(c) the OSH Act of 1970 has always included anti-discrimination provisions, this rule includes anti-retaliation protections, which specifically prohibits employers from discouraging workers from reporting an injury or illness. This allows OSHA to issue citations in cases where the employee did not make a timely 11(c) complaint within 30 days of the retaliation, as is required by the Act. The need to issue such citations? concerns that new electronic reporting requirements could lead to increased incentives to take retaliatory action that would discourage workers from reporting their work-related injuries or illnesses.

52 New OSHA Recordkeeping Requirements An employer s procedure for reporting injuries and illnesses must be reasonable and must not deter or discourage reporting This rule requires employers to inform employees that they have a right to report work-related injuries and illnesses free from retaliation by their employer One of many ways to do this, is to post the most current version of the already required OSHA poster (Form 3165)

53 New OSHA Recordkeeping Requirements The rule does not ban appropriate disciplinary, incentive, or drugtesting programs. However, it allows OSHA to issue citations for retaliatory actions against workers when these programs are used to discourage workers from exercising their right to report workplace injuries and illnesses The new recordkeeping rules became effective January 1, 2017

54 New OSHA Recordkeeping Requirements Changes to citation policies??

55 Silica Standard Respirable Crystalline Silica Quartz (SiO2) is the most common form of crystalline silica Basic component of sand, soil, granite, and many other minerals Inhalation hazard when dust particles are very small, or respirable Crystalline silica becomes respirable (< 10 micrometers) when workers chip, cut, drill, or grind objects that contain crystalline silica

56 Silica Standard (Cont.) Common objects that contain silica include: Asphalt Brick Concrete Cement Concrete Block Drywall Grout Mortar Plaster Roof Tile (concrete) Clay and ceramic tile Sand Stone (granite, limestone, sandstone, etc.) Soil

57 Silica Standard (Cont.) Respirable crystalline silica is classified as a human carcinogen Exposure to respirable crystalline silica causes silicosis The silica dust forms scar tissue in lungs, reducing lungs ability to take in oxygen Prevention is key. There is no cure for silicosis

58 Silica Standard (Cont.) Highlights of new OSHA standard, 29 CFR Becomes effective June 23, 2017 Applies to all occupational exposures to respirable crystalline silica, except where employee exposure will remain below the Action Level under any foreseeable conditions. Reduces the permissible exposure limit (PEL) to 50 µg/m³ (8-hr. TWA), one fifth of the old PEL, which was approximately 250 µg/m³, Establishes an Action Level of 25 µg/m³ (8-hr. TWA), which triggers the requirements of the standard

59 Silica Standard (Cont.) If exposure is at or above the Action Level, employers have three options: Follow Table 1, which contains 18 pre-defined tasks using specific engineering controls (e.g. wet methods, dust collection systems), and in some cases, respiratory protection as an additional control. Rely on objective data that proves the control method reduces exposure below the PEL Assess exposure by performing personal air monitoring

60 Silica Standard (Cont.) If Table 1 is not followed, employers must: Measure the amount of silica that workers are exposed to if it may be at or above an action level of 25 µg/m³ (8-hr. TWA). Protect workers from respirable crystalline silica exposures above the PEL of 50 µg/m³ (8-hr. TWA). Use dust controls to protect workers from silica exposures above the PEL. Provide respirators to workers when dust controls cannot limit exposures to the PEL.

61 Silica Standard (Cont.) Medical Surveillance Medical exams must be made available to employees who are required to use respirators under the standard for 30 days or more per year Written Exposure Control Plan Required when exposure may be at or above the Action Level. Must contain: Description of tasks Description of engineering controls, work practices, and PPE used Description of housekeeping measures Description of procedures used to restrict access to work areas when necessary

62 Silica Standard (Cont.) Employees must be trained on: The health hazards associated with exposure to respirable crystalline silica; Tasks in the workplace that could result in exposure Specific engineering controls, work practices, and respirators to be used; The contents of the silica standard The identity of the competent person designated to implement the exposure control plan The purpose and a description of the medical surveillance program

63 OSHA Walking / Working Surfaces Standard for General Industry The rule benefits employers by providing greater flexibility in choosing a fall protection system. For example, it eliminates the existing mandate to use guardrails as a primary fall protection method and allows employers to choose from accepted fall protection systems they believe will work best in a particular situation.

64 OSHA Walking / Working Surfaces Standard for General Industry Alignment with Construction Standards As much as possible, OSHA aligned fall protection requirements for general industry with those for construction, easing compliance for employers who perform both types of activities. Outdated scaffold standard has been replaced with reference to 1926, which makes the two standards identical Criteria for guardrail systems aligned with requirements of 1926 construction standard. The height requirement is no longer 42 inches. It is now 42 +/- 3, as it is in construction. More options to protect employees from falling through holes/skylights Covers Guardrails Travel Restraint Systems Personal Fall Arrest Systems

65 OSHA Walking / Working Surfaces Standard for General Industry The old standard for skylight protection was a screen capable of withstanding 200 lbs. Now, if covers are used to protect a skylight, they must be capable of supporting at least twice the maximum intended load that may be imposed on the cover at any one time, which is nearly identical to the construction standard.

66 OSHA Walking / Working Surfaces Standard for General Industry Allows for alternative fall prevention procedures similar to the construction standard: Designated Areas (similar to the warning line system for roofing work) are permitted on low-slope roofs for work that is both temporary and infrequent The minimum distance the warning line must be from the roof edge varies (6, 10, & 15 ) depending on the nature, duration, and location of the work, and the equipment used, similar to the mechanical equipment rules for roofing work in construction

67 OSHA Walking / Working Surfaces Standard for General Industry Some key differences from construction standard Fall Protection Training must be conducted by a Qualified Person, as opposed to a Competent Person required under the construction standard. The fall protection threshold remains at 4 in general industry, whereas construction is 6 Walking/working surface design, maintenance, & training must also address fall to same level hazards.

68 OSHA Walking / Working Surfaces Standard for General Industry Most of the rule will become effective 60 days after publication in the Federal Register (11/17/2016), but some provisions have delayed effective dates, including: Ensuring exposed workers are trained on fall hazards (6 months), Ensuring workers who use equipment covered by the final rule are trained (6 months), Inspecting and certifying permanent anchorages for rope descent systems (1 year),

69 OSHA Walking / Working Surfaces Standard for General Industry Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (2 years), Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system (2 years), and Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (20 years).

70 Questions..?