Top 10 OSHA Violations Agenda What to expect when OSHA shows up What your options are if you receive OSHA citations OSHAs 2017 top 10 most frequently cited violations What to Expect When OSHA Shows Up ID: 711290
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Slide1
2018 BISC Summer Meeting
Top 10 OSHA Violations Slide2
Agenda
What to expect when OSHA shows
up
What
your options are if you receive OSHA
citations
OSHA’s
2017 top 10 most frequently
cited
violationsSlide3
What to Expect When OSHA Shows UpSlide4
The Inspection Selection
Generally, priority of accomplishment and assigning
Certified Safety and Health Official (CSHO)
resources for inspection are categorized below:
Priority
Category
First
Imminent Danger
Second
Fatality/Catastrophe
Third
Complaints/Referrals
Fourth
Programmed InspectionsSlide5
Opening Conference
Compliance officers are required to begin inspection with
an “opening
conference,” to present credentials and explain the inspection procedure
.
Recommendations-
Restrict admittance until appropriate Management is on site
Determine the reason for the inspection
Limit the scope of the inspectionSlide6
Walk-Around Inspection
Purpose
T
he
compliance officer
will
walk through the portions of the workplace covered by the inspection, inspecting for hazards that could lead to employee injury or illness
.
Recommendations
Stay with inspector throughout the walk-around
Take
notes on all observations the inspector
makes
Departments
or equipment
inspected
Time
spent in various
areas
Individuals
who were interviewed
If OSHA requests a copy of a record or document, make copies to keep with your OSHA inspection file
Correct or repair any small violations immediately Slide7
Closing Conference
Inspectors are required to conduct a “closing conference” within a few weeks.
Use the closing conference to explain your company’s commitment to safety and established safety program
Factored into establishing penalty amounts
Be conservative when establishing timelines for correcting alleged violations if askedSlide8
OSHA Citations
Key Points
OSHA has 6 months from the date of first notice of the alleged violation to issue a citation.
When you receive an OSHA Notice, you must post it (or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed. The OSHA Notice must remain posted for 3 working days or until the hazard is abated, whichever is longer.
Citation Types & Maximum Penalties
Other-Than-Serious:
$
12,934 per
violation
Serious:
$
12,934 per
violation
Posting Requirements:
$
12,934 per
violation
Failure to Abate:
$12,471 per day beyond the abatement
date
Willful:
$129,336 per
violation
Repeated:
$129,336 per violationSlide9
Options if You Receive OSHA CitationsSlide10
Informal Conference
Within 15 working days of receipt of an OSHA citation, you may request an informal conference in order to:
Obtain a better
explanation
of the cited violations
Obtain a more complete understanding of the specific standards that apply
Discuss
ways
to correct violations
Discuss concerns with the abatement dates
Discuss concerns
with employee safety
practices
Negotiate and enter into an informal settlement agreementSlide11
Employer Options
As an employer who has been cited, you may chose one of the following options with or without a prior held informal conference:
Agree to the citation and Notification of Penalty
Correct
the condition by the date set in the citation
Pay the penalty if one is
proposed
Disagree with the citation and Notice of Penalty
Contest
in writing (Notice of Intent to Contest) within 15 working days from the
date a citation is received to
any or all of the following:
Citation
Proposed penalty
Abatement date.Slide12
OSHA's 2017 Top 10 Most Frequently Cited ViolationsSlide13
Violation Types
2017 Top 10 Citations
(Federal
OSHA)
1. Fall Protection
6. Ladders
2. Hazard Communication
7.
Powered Industrial Trucks
3. Scaffolding
8. Machinery
and Machine Guarding
4. Respiratory Protection
9.
Fall Protection – Training Requirements
5. Control of
Hazardous Energy (LOTO)
10. Electrical, Wiring
Methods, Components and Equipment
Source: OSHASlide14
#1 Fall Protection
Falls are among the most common causes of serious work related injuries and deaths. Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls
.
Standard:
1926.501
Total
Violations:
7,281
Top 5 Sections Cited
1.
1926.501(b)(13):
"Residential construction"
2.
1926.501(b)(1)
:
"Unprotected sides and edges"
3.
1926.501(b)(10)
:
"Roofing work on Low-slope roofs"
4.
1926.501(b)(11)
:
"Roofing work on Steep roofs"
5.
1926.501(b)(4)(i)
:
“Each employee on walking/working surfaces shall be protected from falling”Slide15
Fall Protection
Employer
Responsibilities
Keep floors in work areas in a clean and, so far as possible, a dry condition.
Guard every floor hole into which a worker can accidentally walk.
Provide a guard rail and toe-board around every elevated open sided platform, floor or runway.
Regardless of height, if a worker can fall into or onto dangerous machines or equipment, employers must provide guardrails and toe-boards to prevent workers from falling and getting injured.Slide16
#2 Hazard Communication
In order to ensure chemical safety in the workplace, information about the identities and hazards of the chemicals must be available and understandable to
workers.
Standard
:
1910.1200
Total
Violations:
4,877
Top 5 Sections Cited
1.
1910.1200(
e
)(1)
:
“Written program”
2.
1910.1200(h)(1)
:
“Training on chemicals being used”
3.
1910.1200(g)(8)
:
“Maintain SDS"
4.
1910.1200(g)(
1
)
:
" Chemical manufactures & importers shall obtain or develop SDS."
5.
1910.1200(h)(3)(iv)
:
“Training on programs, labels, SDS and other information”Slide17
Hazard Communication
Employer Responsibilities
All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers.
Obtain and update SDS log as new chemicals are
introduced.
No
longer MSDS
Employees must be trained on
specific chemicals
they will be using.
All containers must be properly labeled in accordance with the GHS standard.Slide18
# 3 Scaffolding
The OSHA standard sets performance-based criteria to protect employees from scaffold-related hazards such as falls, falling objects, structural instability, electrocution, or overloading.
Standard
:
1926.451
Total
Violations:
3,776
Top 5 Sections Cited
1.
1926.451(
g
)(1)
:
“Employees more than 10 feet shall be protected from falling”
2.
1926.451(
e
)(1)
:
“Cross braces shall not be used as a means of access”
3.
1926.451(b)(1)
:
“All working levels of scaffolds shall be fully planked or decked"
4.
1926.451(g)(1)(vii)
:
"Use of personal fall arrest systems or guardrail systems"
5.
1926.451(c)(2)
:
“Supported scaffold poles shall bear on adequate firm foundation”Slide19
Scaffolding
Employer Responsibilities
Scaffolds cannot be erected, dismantled, moved or altered unless approved by a competent person.
Scaffolding must be inspected prior to use.Slide20
# 4 Respiratory Protection
Respirators protect workers against insufficient oxygen environments, harmful dusts, fogs, smokes, mists, gases, vapors, and sprays
.
Standard
:
1910.134
Total
Violations:
3,339
Top 5 Sections Cited
1.
1910.134(e)(1)
:
“Medical evaluation prior to use”
2. 1910.134(c)(1):
“Establish a written respiratory protection program”
3.
1910.134(f)(2)
:
“Fit testing”
4.
1910.134(c)(2)(i)
:
"Voluntary use of a respirator - Appendix D"
5.
1910.134(d)(1)(ii)
:
“The employer shall select a NIOSH-certified respirator”Slide21
Respiratory Protection
Employer Responsibilities
Use engineering controls where feasible to control the atmospheric hazard.
Provide an appropriate respirator. (Air monitoring may be needed)
Ensure the use of an appropriate respirator.
Institute a respiratory protection program that complies with the rest of the standard.
Ensure employees that voluntarily use a tight fitting respirator or dust mask have been provided information in Appendix D.Slide22
# 5 Control of Hazardous Energy (LOTO)
Workers servicing or maintaining machines or equipment may be seriously injured or killed if hazardous energy is not properly controlled. Injuries resulting from
failure
to control hazardous energy during maintenance activities can be serious or fatal. Injuries may include electrocution, burns, crushing, cutting, lacerating, amputating, or fracturing body parts, and others
.
Standard:
1910.147
Total Violations:
3,036
Top 5 Sections Cited
1.
1910.147(c)(4)(i)
:
“Machine specific procedures”
2.
1910.147(c)(6)(i):
“Periodic inspection of the energy control procedure at least annually”
3.
1910.147(c)(1)
:
“Energy control program”
4.
1910.147(c)(7)(i)
:
"Training requirements"
5.
1910.147(d)
:
“Notification of removal”Slide23
Lock Out Tag Out (LOTO)
Employer Responsibilities
Develop, implement, and enforce an energy control program.
Ensure that electrical boxes are labeled with which machines they correspond to.
Create and update machine specific LOTO procedures as necessary.
Provide effective training as mandated for all employees covered by the standard.
Comply with additional energy control provisions in the OSHA standards.Slide24
# 6 Ladders
Falls are the leading cause of death in construction and every year falls from ladders make up nearly a third of those deaths. These deaths are preventable. Falls from ladders can be prevented and lives can be saved by following the safe work
practices.
Standard:
1926.1053
Total Violations:
2,799
Top 5 Sections Cited
1.
1926.1053(b)(1):
“Portable ladder side rails shall extend at least 3 feet above the upper landing”
2.
1926.1053(b)(4):
“Ladders shall be used only for the purpose for which they were designed”
3. 1926.1053(b)(13):
“The top or top step of a stepladder shall not be used as a step”
4. 1926.1053(b)(16):
"Defective ladders"
5.
1926.1053(b)(6):
“Ladders shall be used only on stable and level surfaces unless secured”
Top 5 Sections (General Industry)
1. 1910.23(b)(8):
Used only for the purposes for which they were designed
2. 1910.23(b)(9)
:
Ladders are inspected before initial use in each work shift, and more frequently as necessary
3. 1910.23(b)(10):
Structural or other defects is immediately removed from service
4. 1910.23(c)(4):
Used only on stable and level surfaces unless they are secured
5. 1910.23(c)(8):
The cap and top step of a stepladder are not used as stepsSlide25
Ladders
Employer
Responsibilities
Maintain and store the ladder according to the manufacturer’s instructions.
Ladders should be thoroughly inspected prior to use.
All damaged/unusable ladders must be marked “Do Not Use” or be disposed of.
Employers must train all employees to recognize hazards related to ladders and stairways, and instruct them to minimize these hazards.Slide26
# 7 Powered Industrial Trucks
Powered industrial trucks, commonly called forklifts or lift trucks, are used in many industries, primarily to move materials. They can also be used to raise, lower, or remove large objects or a number of smaller objects on pallets or in boxes, crates, or other containers. Powered industrial trucks can either be ridden by the operator or controlled by a walking
operator.
Standard
:
1910.178
Total
Violations:
2,434
Top 5 Sections Cited
1.
1910.178(l)(1)(i):
“Ensure that each powered industrial truck operator is competent”
2.
1910.178(l)(4)(iii):
“An evaluation shall be conducted at least once every three years”
3. 1910.178(p)(1):
“If a defect is found, the truck shall be taken out of service until it has been restored”
4. 1910.178(l)(6):
"Certification"
5.
1910.178(q)(7):
“Pre-use inspections”Slide27
Powered Industrial Trucks
Employer Responsibilities
It is a violation of Federal law for anyone UNDER 18 years of age to operate a forklift or for anyone OVER 18 years of age who is not properly trained and certified to do so.
Operators must complete a documented pre-shift/use inspection.
All operators must be certified to operate each type of powered industrial truck they will use.
All certified forklift operators must be evaluated at least every 3 years.
Modifications or additions that affect capacity or safe operation shall not be performed without prior written approval from the forklift truck manufacturer. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.Slide28
#8 Machinery and Machine Guarding
The purpose of machine guarding is to protect the machine operator and other employees in the work area from hazards created by ingoing nip points, rotating parts, flying chips and sparks. Some examples of this are barrier guards, light curtains, two-hand operating devices, etc.
Standard:
1910.212
Total Violations:
2,115
Top 5 Sections Cited
1.
1910.212(a)(1):
“One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards”
2.
1910.212(a)(3)(ii):
“Point of operation guard”
3. 1910.212(b):
“Machines designed for a fixed location shall be securely anchored”
4. 1910.212(a)(2):
“General requirements"
5.
1910.212(a)(5):
“Exposure of blades. The guard shall have openings no larger than one-half (1/2) inch”Slide29
Machinery
and Machine Guarding
Employer Responsibilities
Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact can injure the operator or others in the vicinity, the hazards must be eliminated or controlled.
Guards must not create potential hazards and must be attached to the machine where possible.
If guards cannot be attached to the machine, attach elsewhere.Slide30
#9 Fall Protection – Training Requirements
The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.
Standard
:
1926.503
Total
Violations:
1,891
Top 5 Sections Cited
1.
1926.503(a)(1)
:
“Training”
2. 1926.503(b)(1):
“Training
Records
”
3.
1926.503(
a
)(
2
)
:
“
The employer shall assure that each employee has been trained, as necessary, by a competent person
”
4.
1926.50
3
(c)(3)
:
“Employee Knowledge"
5.
1926.50
3
(a)(2)(ii)
“Failure
to use fall protection”
Top Sections (General Industry)
1.
1910.30(a)(1)
:
Before any employee is exposed to a fall hazard, the employer must provide training for each employee
2. 1910.30(a)(2)
:
The employer must ensure that each employee is trained by a qualified person.
3. 1910.30(a)(3):
The employer must train each employee in at least the following topics:
Nature of the fall hazards in the work area
Procedures to be followed to minimize those hazards
Procedures for using personal fall protection systems
Correct use of personal fall protection systemsSlide31
Fall Protection – Training Requirements
Employer Responsibilities
PLAN ahead to get the job done safely.
PROVIDE the right equipment.
TRAIN everyone to use the equipment safely.
Three simple steps to preventing falls.Slide32
# 10 Electrical, Wiring Methods, Components & Equipment
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
.
Standard
:
1910.305
Total Violations:
1.564
Top 5 Sections Cited
1.
19
10.305
(g)(1)(iv)(A):
“Substitute
for fix wiring”
2.
1910.305(g)(2)(ii):
“Strain relief”
3. 1910.305(b)(1)(ii):
“Openings not closed”
4. 1910.305(b)(2)(
i
):
“Covers and canopies”
5.
1910.305(b)(1)(
i
):
“Protection from cuts when entering boxes”Slide33
Electrical, Wiring Methods, Components & Equipment
Employer Responsibilities
Educating employees on potential electrical hazard risks such as: contact with power lines, lack of ground-fault protection, equipment not used in matter prescribed, and improper use of extension and flexible cords.
Visually inspect all electrical equipment before use. Remove from service any equipment with frayed cords, missing ground prongs, cracked tool casings, etc. Apply a warning tag to any defective tool and do not use it until the problem has been corrected.
Use double-insulated tools and equipment, distinctively marked.
Use tools and equipment according to the instructions included in their listing, labeling or certification.Slide34
References
https://www.osha.gov/dte/grant_materials/fy10/sh-20853-10/osha_inspections.pdf
https://www.osha.gov/Top_Ten_Standards.html
https://www.osha.gov/SLTC/fallprotection/index.html
https://www.osha.gov/dsg/hazcom/index.html
https://www.bnl.gov/esh/shsd/pdf/scaffolds_c.pdf
https://www.osha.gov/SLTC/etools/respiratory/index.html
https://www.osha.gov/OshDoc/data_General_Facts/factsheet-lockout-tagout.pdf
https://www.osha.gov/Publications/OSHA3625.pdf
https://www.osha.gov/Publications/ladders/osha3124.html
https://www.osha.gov/pls/imis/industryprofile.html?p_msg=Please%20enter%20an%208-character%20Standard%20number%20or%20ALL%20to%20continue
.
https://www.osha.gov/SLTC/machineguarding/index.html
http://www.ehstoday.com/safety/ehs_imp_78870
https://www.osha.gov/SLTC/fallprotection/Slide35
Final Thoughts – What to do now?
Create a hazard assessment for each job task and take appropriate measures to eliminate the hazard using engineering or work practice controls, or, when not feasible, protect your employees from the known hazard through use of PPE.
Train your employees on hazards identified and other required OSHA topics.
Be prepared for OSHA to show up and know your rights when they do.
If you receive citation(s), be sure to abate the found safety hazard ASAP.
Remember to request an informal conference within 15 days of receiving citationsSlide36
Questions?
For additional questions or help
with your insurance program:
Contact:
Michelle Wiltgen
AVP & National Marketing Manager
Office: 800-929-1500 x1213
Cell: 440-821-1961
Email: michelle.wiltgen@natl.com