Recent OSHA Regulations Presenter: Joe Mlynek CSP, OHST
Today s Presentation Regulatory Reform Current Administration Electronic Reporting for Workplace Injuries and Illnesses Walking-Working Surface Standard Questions
Regulatory Reform One of President Trump s top priorities, in service of his overall goal of jump-starting economic growth, is to limit, unwind, repeal, or delay a host of regulations, executive orders, agency guidance, and presidential memoranda promulgated by the previous administration on regulatory reform.
Current Administration Focus On January 20, 2017, the President s Chief of Staff issued a memorandum to all agencies, directing them to review all rules not signed by the previous Administration. On January 30, 2017, the President signed Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs. It requires Federal agencies to eliminate at least two existing regulations for each new regulation they issue.
Regulatory Reform Enforcing the Regulatory Reform Agenda o Executive Order (EO) 13777 establishes within each agency a Regulatory Reform Officer and a Regulatory Reform Task Force to carry out the President s regulatory reform priorities. o These new teams are working hard to identify regulations that eliminate jobs or inhibit job creation; are outdated, unnecessary, or ineffective; or impose costs that exceed benefits.
Deregulation 2017 concluded with the lowest number of pages in the Federal Register since 1993 at 61,950. The prior year, the previous administration set the all-time record Federal Register pages - 95,894 pages. Trump s Federal Register is a 35 percent drop from the previous administration s record set in 2016.
OSHA Regulatory Agenda In 2017 Department of Labor included a total of 13 regulatory entries for OSHA specific actions while the May 2016 agenda had 32 regulatory entries for OSHA specific actions. Sixteen agency actions have been removed completely from the current agenda, including Combustible Dust. The removal of these initiatives from the agenda aligns with the current Administration s goal of effective and less burdensome regulation.
OSHA Budget and Priorities OSHA received the same budget for 2017 that it did in 2016, which was $552.8 Million. OSHA Budget for 2018 is $531.5 million for fiscal year 2018. A decrease from 552.8 million in 2017. Increase in federal compliance assistance Decrease in enforcement budget
Total State and Federal OSHA Inspections
Top 10 Frequently Cited OSHA Standards 1. Fall Protection 6,702 violations 2. Hazard Communication 4,176 violations 3. Scaffolds 3,288 violations 4. Respiratory Protection 3,097 violations 5. Lockout/Tagout 2,877 violations 6. Ladders 2,241 violations 7. Powered Industrial Trucks 2,162 violations 8. Machine Guarding 1,933 violations 9. Fall Protection Training 1,523 violations 10. Electrical, Wiring 1,405 violations
Changing Enforcement Philosophy Compliance assistance versus inspections Revise Enforcement Policies & Field Operations Manual that resulted in inflated civil penalties Retire National / Local Emphasis Programs
Increased OSHA Penalties In July 2016, OSHA increased penalties to account for inflation First time OSHA s penalties have been adjusted since 1990 The initial catch-up adjustment amount was the percentage difference between the CPI in October 2015 and the CPI in October 1990, which was the year that OSHA penalties were last adjusted
Penalty Increases Effective January 2, 2018 OSHA increased penalties by 2% to account for annual inflation. For example, $12,675 penalty is now $12,934 and $126,749 violation is $129,336
Electronic Recordkeeping
Electronic Reporting for Workplace Injuries and Effective January 1, 2017 Illnesses Requires recorded information to be submitted electronically to the OSHA website Reasoning OSHA Fact Sheet: Encourage employers to increase their efforts to prevent workplace injuries and illnesses, and, compelled by their competitive spirit, to race to the top in terms of worker safety.
Electronic Reporting In addition, behavioral science suggests that public disclosure will nudge employers to reduce work-related injuries and illnesses in order to demonstrate to job seekers, customers, and the broader public that their workplaces provide safe and healthy work environments for their employees Currently employers cannot compare their injury experience with other businesses in their industry, they can only compare their experience with their industry as a whole
Electronic Reporting Requirements Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit: 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 illness Incident Report
Electronic Reporting Requirements Establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses must submit information from OSHA form 300A Submissions by July 1 st of 2018 Beginning in 2019 the submission deadline will change from July 1 st to March 2 nd All submissions will be posted on its public website www.osha.gov
High Hazard Industries List is available on OSHA website Listed by NAICS Code Examples: 424510 Grain and Field Bean Merchant Wholesalers Establishments primarily engaged in the merchant wholesale distribution of grains, such as corn, wheat, oats, barley, and unpolished rice; dry beans; and soybeans and other inedible beans. Included in this industry are establishments primarily engaged in operating country or terminal grain elevators primarily for the purpose of wholesaling. 493130 - Farm Product Warehousing and Storage Establishments primarily engaged in operating bulk farm product warehousing and storage facilities (except refrigerated). Grain elevators primarily engaged in storage are included in this industry. 311211 Flour Milling 311119 Other Animal Food Manufacturing (Feed Mill) 238290 Construction (millwright)
Walking and Working Surface Standard
Walking and Working Surface Standard (Subpart D) 26 years in the making 1990 - Notice of Proposed Rulemaking November18, 2016 Final Rule Published in Federal Register January 17, 2017 Effective Date Regulatory text is over 25 pages The updates reflect technology advances in fall protection since the original rule 22
Walking and Working Surface Standard Final rule promulgated under the previous Administration Was developed with input and cooperation of industry Overall the rule has the support of industry Did not see a lot of legal challenges 23
Walking and Working Surfaces Standard - Benefits Provides consistency with general industry and construction standards i.e. prior to changes fall arrest, restraint, positioning were not referenced in general industry standards Provides additional flexibility to deal with fall hazards 24
OSHA s Goal OSHA wants to reduce the amount of injuries and fatalities associated with slips, trips, and falls: Approximately 15% of accidental deaths; Approximately 20% of workplace fatalities; disabling injuries, and lost workdays; and Approximately 200,000 lost workday and disabling injuries per year Among one of the most frequently cited standards 25
Economic Impact to Employers Slips trips and falls result in: Loss of productivity Increased insurance premiums Cost to train and replace workers Citations issued as a result of OSHA Inspections 26
Challenges of the Old Rule No provisions for personal fall protection. Guardrails were the primary means used for fall protection. Inconsistencies regarding when to use fall protection. For Example General Industry Maritime Construction Steel Erection >4 feet >5 feet >6 feet >15 feet 27
Revisions Changes in New Rule The new rule covers: Horizontal or vertical surfaces on which an employee walks, works, or gains access to a work area or workplace location; Floors, aisles, ladders (portable/fixed), dock boards, step bolts, roofs ramps, stairways, scaffolds and elevated work surfaces Fixed ladders; Rope descent systems; Fall protection systems; Training on fall protection systems; Design and performance and use of fall protection systems; and Inspection of work surfaces and fall protection equipment 28
Harmony Regulatory and Consensus New rule harmonizes several consensus standards ANSI A1264.1 Surfaces Floor, wall and roof openings, stairs and guardrails ANSI Z395.1 Personal Fall Arrest Standards Provides flexibility to use personal fall arrest systems (arrest, restraint and work positioning) when working at heights exceeding 4 feet) 29
Organization of the New Standard 1910.21 1910.22 1910.23 1910.24 1910.25 1910.27 1910.28 1910.29 1910.30 Definitions General requirements Ladders Steps bolts and manhole steps Stairways Scaffold and rope descent systems Duty to have fall protection and falling object protection Fall protection systems and falling object protection criteria and practices Training requirements 30
General Requirements Efforts were made to simplify the general requirements within the standards: Housekeeping 1910.22(a) Workplaces must be kept clean, orderly and sanitary Workroom floors must be clean and as dry as possible Load Limit 1910.229(b) Ensure walking-working surfaces can support maximum intended load of surface Eliminated the requirement to have a capacity plate indicating maximum load 31
General Requirements Aisles and Passageways 1910.22(c) Provide and ensure employees use safe means of access and egress to and from walking-working surfaces Inspection Requirements - 1910.22(d) Must inspect/maintain walking-working surfaces in a safe condition 32
Fall Protection 1910.28 (b)(1)(i) Rule allows employer to select a fall protection system that works best for them. This can range from: Guardrail systems Safety net systems Personal fall arrest systems Positioning systems Travel restraint systems Ladder safety systems These systems can be used in place of guardrails, but remember these systems have limitations (clearance distances, anchorage requirements, etc.) 33
Falling Object Protection 1910.28 (c) Requires employers to protect workers from being hit by falling objects by using one or more of the following falling object protection measures: Toeboards, screens or guardrail systems; Canopy structures Barricading the area and prohibiting workers from entering the barricaded area Toeboard height must be a minimum of 3.5 inches (old construction standard - 4 inches) 34
Ladders 1910.23 Falls from ladders account for approximately 20% of general industry injuries: Updates within new standard: Ladders must be capable of supporting the maximum intended load Ladders must be inspected before initial use during the work shift to identify defects Documentation not required, but recommended Ladder rungs, steps, and cleats may be anywhere between 10 to 14 apart 35
Ladders 1910.23 Added language to how ladders will be used: Used for the purpose intended Face the ladder when climbing up and down Use at least one hand to grasp the ladder when climbing up and down 36
Ladders - 1910.23 Continued Must not carry any object or load that could cause the employee to lose balance or fall while climbing up or down the ladder. 37
Ladder Inspections Do not need to be documented, however how do you prove that the inspection took place? Compliance officer could ask employees if they inspect ladders prior to use. If they say no, a citation may be issued. Recommend addressing this during training and consider documenting inspections as part of daily JSA process 38
Fixed Ladders Historically cages and wells were required on fixed ladders of more than 20 feet to a maximum unbroken length of 30 feet Cages were viewed as a form of fall protection This is no longer the case! 39
Fixed Ladder Fall Protection Final rule phases in requirements to equip fixed ladders, which extend over 24 feet, with ladder safety or personal fall arrest systems The rule prohibits the use of cages as a means of fall protection after the 20 year phase in period OSHA does not believe cages or wells prevent workers from falling from fixed ladders or protect them from injury if a fall occurs 40
Fixed Ladders Ladder safety system Designed to reduce the possibility of falling from a ladder. The system consists of a: Carrier Safety Sleeve Lanyard connector Body Harness Personal Fall Arrest System (OSHA) A system an employer uses to provide protection from falling or to safely arrest an employee s fall if one occurs 41
Timeline November 19, 2018 Ensure existing fixed ladders over 24 feet are equipped with a cage, well, personal fall arrest system, or ladder safety system. November 19, 2018 Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections. November 18, 2036 - Replacing cages and wells used as fall protection with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet. 42
Phase-In Periods for Fixed Ladders Phase 1 November 19, 2018 Employers must ensure that each fixed ladder over 24 feet in height, installed before this date is equipped with a personal fall arrest system, ladder safety system, cage or well All newly installed fixed ladders >24 feet and replacement ladders after this date must be equipped with ladder safety or personal fall arrest systems Cages will no longer be accepted as a means of fall protection after this date 43
Phase-In Period for Fixed Ladders Phase II November 18, 2036 On and after this deadline, all fixed ladders >24 feet in height must be equipped with personal fall arrest or ladder safety systems. 44
Phase-In Period for Fixed Ladders Phase II November 18, 2036 On and after this deadline, all fixed ladders >24 feet in height must be equipped with personal fall arrest or ladder safety systems. 45
Compliance Suggestions Compile an inventory of all fixed ladders Assign an identification number/code to each ladder Indicate height and type of fall protection system in place (if applicable) Develop deadlines for addressing fall protection requirements based on the phase-in periods Make sure contractors (design/build) are versed in the new requirements 46
Fixed Ladders The employer must ensure ladder sections having a cage or well: Are offset from adjacent sections; and Have landing platforms provided at maximum intervals of 50 feet. 47
Emergency Use Ladders 1910.23 (a)the employer must ensure that each ladder meets the requirements of this section. This section covers all ladders, except when the ladder is: Used in emergency operations such as firefighting, rescue, and tactical law enforcement operations. Suggested compliance actions: Label emergency use ladders Emergency Use Ladders Ensure ladder sections do not exceed 24 feet in height or equip with a ladder safety device. Train employees appropriate use of emergency ladders 48
Scaffolds OSHA adopted construction standard requirements 1926.451 Subpart L Fall protection at 10 feet unless guardrails are in place 49
1910.127 Rope Descent Systems Building owner must affirm in writing that permanent building anchorages are used for rope descent systems have been tested, certified and maintained as capable of supporting 5,000 pounds for each worker attached. Skyclimber units CSE rescue anchorage points 50
Training Requirements 1910.30 Ensure workers who use fall protection and work in high hazard areas are trained about fall protection hazards and equipment and the proper use of fall protection systems. The trainer must be a qualified person and is responsible for training employees how to: Identify and minimize fall hazards Use personal fall protection systems Maintain, inspect and store equipment or systems used for fall protection 51
Training Requirements 1910.30 Ensure workers who use fall protection and work in high hazard areas are trained about fall protection hazards and equipment and the proper use of fall protection systems. The trainer must be a qualified person and is responsible for training employees how to: Identify and minimize fall hazards Use personal fall protection systems Maintain, inspect and store equipment or systems used for fall protection 52
Training Requirements What is the definition of a qualified person? Defined by OSHA: One who, by posession of a recognized degree, certificate, or professional standing, or who by extensive knowledge training, and experience has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project Most likely a safety professional, consultant, vendor, etc. 53
Rolling Stock There was pressure from the industry to exempt rolling stock from fall protection requirements The rule does not add fall protection requirements for rolling stock Preamble: This final rule does not include any specific requirements for fall protection on rolling stock and motor vehicles. 54
Rolling Stock Miles Memo still in effect (1996): Additionally, it would not be appropriate to use the personal protection equipment standard, 29 CFR 1910.132(d), to cite exposure to fall hazards from the tops of rolling stock, unless employees are working atop stock that is positioned inside of or contiguous to a building or other structure where the installation of fall protection is feasible. In such cases, fall protection systems often can be and, in fact, are used in many facilities in the industry. 55
Rolling Stock Unlikely that rolling stock will be addressed in the short term This issue will most likely come up again as new equipment becomes available (i.e. portable fall protection systems) 56
Agricultural Operations Agricultural operations not covered by the rule: Activities in growing, harvesting, and railing livestock and livestock products; and Preparation of the ground, sowing, watering, weeding, spraying, harvesting, raising livestock and all activity necessary for these activities. 57
Agricultural Operations Operations in the Agricultural industry that are covered: Grain Handling Food Processing Manufacturing Post farm activities such as receiving, sorting, cleaning, weighing, inspecting, stacking, packing and shipping Processing of agricultural products that change the character of the product (i.e. canning) 58
Acknowledgements Much of the information from this presentation derived from: https://www.osha.gov/walking-working-surfaces Frequently asked questions Regulatory text Fact sheet Conn, Maciel, and Cary LLP Webinar OSHA s Slips Trips and Falls Gets a Facelift, February 8, 2017. Recording available at www.connmaciel.com NGFA Guidance Document Walking Working Surfaces NGFA Regulatory Update Presentation with permission from Jess McClure, NGFA 59
Contact Information Joe.mlynek@progressivesafety.us joe@safetymadesimple.com 61