Introduction to OSHA Subpart C 29 CFR -1926.1-1926.35
Introduction to OSHA • The William-Steiger Occupational Safety & Health Act was passed by Congress in December, 1970. The act established the Occupational Health and Safety Administration (OSHA). • April, 1971-Enforcement of regulations began. • Purpose: To assure every employee a safe & healthful work environment.
Introduction to OSHA • Prior to OSHA, job related accidents accounted for more than 14,000 workers deaths annually. • Currently about 6000 Americans die annually from workplace injuries. • In 2002, 1121 construction workers died from workplace injuries.
The “General Duty” Clause • OSH Act – Public Law 91-596 Dec.29. 1970 Section 5 (a) (1): “Each employer shall furnish to each of his employees, employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause, death or serious physical harm to employees.”
Incorporation by Reference • Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…
Most Frequently Cited Serious Violations - 2003 • 501(b)(1) Unprotected sides and edges (1652) • 451(g)(1) Scaffolds – Fall protection (1229) • 100(a) Head protection (1159) • 501(b)(13) Fall protection – Residential @ 6’ (1090) • 451(e)(1) Scaffolds – Access (1044) • 453(b)(2)(v) Aerial lifts – Body belt & lanyard (977) • 451(b)(1) Scaffolds – Platform construction (925) • 652(a)(1) Excavations- Protection of employees (890) • 21(b)(2) Employee training programs (812) • 503(a)(1) Fall hazards training program (774)
Most Frequently Cited Subpart C - 2003 • 21(b)(2) Employee training programs (812) • 20(b)(2) Inspections by a competent person (542) • 20(b)(1) Initiate and maintain accident prevention programs (419) • 25(a) Housekeeping (266) • 28(a) Personal protective Equipment (113)
General Requirements Subpart C • Employer cannot require employees to work in unsafe, hazardous, or unsanitary conditions. • Employer must have a safety program & conduct frequent and regular inspections by competent persons. • Most companies conduct written weekly inspections and daily informal inspections.
General Requirements Subpart C • Unsafe tools, machinery, material or equipment to be tagged or locked out of service, or physically removed from place of operation. • Employer shall permit only employees qualified by training or experience to operate machinery and equipment.
Housekeeping • Combustible scrap and debris must be removed at regular intervals. • Form and scrap lumber with protruding nails and all other debris, shall be cleared from work areas, passageways, and stairs. • Containers shall be provided for waste, trash, oily and used rags.
Means of Egress • Free and unobstructed egress at all exits must be maintained. • Exits cannot be locked • Exits must be marked if direction to them not immediately visible. • Means of egress must be maintained free of obstructions
Emergency Action Plans Must be written and cover the following at a minimum: • Escape procedures and routes • Procedures for employees who remain for critical functions • Procedures to account for all employees after evacuation • Means of reporting emergencies • Rescue and medical duties • Names or job titles of persons who can be contacted for further information
Emergency Action Plans • Employer must establish an employee alarm system • Employees must be trained in plan requirements. • Radios, Nextels, air horns, etc. can serve this purpose.
Confined Space Entry • All employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment. • Guidelines are covered under OSHA General Industry Standard 1910.146 • A construction standard is being developed.
Confined Space Entry Confined Space: …any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere.
Competent Person • One who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them.
Qualified Person • One who, by having 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 work. • I.e., a Professional Engineer, experienced foreman, etc.
Fall Protection Scaffolding Trench & Excavation Respirator Use Cranes & Derricks Ladders Hearing Protection Welding & Cutting Electrical Concrete forms & Shoring Demolition Lead Ionizing Radiation Examples of Areas With Competent Person Requirements
Training Education • Employees must be trained in recognition, avoidance, and prevention of unsafe conditions and the regulations applicable to his/her work environment. • Employees required to handle or use poisons, caustics, toxic or flammable materials must be trained in safe handling.
Training Education OSHA recognized training programs: • OSHA 500 program established to “train the trainers” • OSHA 10 & 30 hour programs established for employees and supervisors.
WWW.OSHA.ORG • Agency home page • All companies OSHA history available as public record information • OSHA standards can be downloaded • Compliance directives and letters of interpretation available • Employee online complaint system • eTools (best practice guidelines)
Types of Inspections • General Scheduled (random) • Complaint • Post-Incident (1 fatality or 3 injuries from 1 event) • Referral (news media, fire department, public…) • Special Emphasis (silica, falls, trenching…) • Focused (4 main hazards) • Follow-up (post citation)
Focused Inspections • Allows compliance officers to spend less time with companies that have strong safety programs, and more time with companies that do not. • You must have a written safety program, implemented by a competent person, to qualify. • Results in shortened inspections process.
Focused Inspections Inspections Focused on: (90% of fatalities) • Falls (floors, work platforms, roofs) 33% • Struck by (falling objects, vehicles) 22% • Caught in-between (cave-ins) 18% • Electrical (overhead lines, tools) 17%
Rules of Construction • Contractors and subcontractors can make their own arrangements regarding who will do things such as; installing guardrails or providing drinking water, however: • Under no circumstance is the Prime Contractor relieved of overall responsibility for safety (1926.16)
Multi-Employer Work Site Policy • Exposing Employer – One whose employees are exposed to hazards (most often receives citation). • Creating Employer – One who actually creates the hazards. • Correcting Employer – One responsible for correcting the hazard. • Controlling Employer – One who is responsible for conditions on work site.
Preplanning: OSHA will review the company’s history of citations May film or video from offsite Work Site: Compliance Officer must show credentials Will request entry, and explain the purpose of the visit Inspections, Citations and Enforcement Inspection Sequence:
Inspections, Citations and Enforcement Opening Conference: • The compliance Officer Identifies the scope & type of inspection. • Will review OSHA required recordkeeping. • Opportunity to qualify for focused inspection. • Meet with a representative of each contractor
Inspections, Citations and Enforcement Inspection Process: • Will tour the job/facility looking for hazards, will interview employees, collect photos/videos, and samples or measurements. • It is important for the employer to take the same photo as OSHA from several viewpoints.
Inspections, Citations and Enforcement Closing Conference: • The Compliance Officer may point out potential violations of the standards, and establish abatement dates for correction.
Inspections, Citations and Enforcement Decision to Issue Citation(s): • The Compliance Officer completes report and proposes potentials citations. This is reviewed by the Area Director who has final authority to issue citations/penalties.
Inspections, Citations and Enforcement Citation Issuance: • Will be received by the employer via registered mail within 180 days. • The employer can ask for an informal conference, within 15 days. • The employer must correct any citations within the abatement dates & pay penalty amount or contest citations.
Types of Citations • Other than Serious – A violation that would not cause death or serious injury. • Serious – A violation where there is a high probability of death or serious injury. • Willful – A violation where death or serious injury could occur, and the employer knew, or should have known, the hazard existed.
Types of Citations • Criminal Willful – “Flagrant disregard for safety….” Can result in 6 months jail time and $500,000 fine.
Types of Citations • Repeat – A violation of any standard or rule where upon re-inspection within 3 years, a similar violation is found. • Failure to Abate – A violation for failure to correct a previous citation in a timely manner.
Citation Penalties • Other than Serious – $0 - $7000 • Serious – Up to $7000 • Repeated – X2, X5, & X10
Citation Penalties • Willful – Up to $70000 • Egregious – Penalty amount multiplied times the number of employees exposed. (At this time, OSHA cannot use the egregious policy due to court decision however, they have appealed this). • Criminal Willful – Up to $500,000
Citation Penalties • Failure to Abate – (per calendar day $7000, to maximum $210,000) • Failure to report fatality – $5000 • Failure to post citation – $3000 • Failure to post on 300 log – $1000 / case
What’s New Subpart C 2002 Construction Fatalities – 1,121 • Only 5% of the workers in construction • 20% of the fatalities
What’s New Subpart C Enhanced Enforcement Policy: • Announced by Secretary of Labor Chao on 3/11/03. • Focuses on employers who have received high gravity citations. • High gravity = high risk factor / high penalty
What’s New Subpart C High Gravity Citations include: • High gravity willful violations. • Multiple high gravity serious violations. • High gravity repeat violations at originating establishment. • Failure to abate notices. • Serious willful or repeat violations related to a fatality.
What’s New Subpart C Will Result in: • Follow up inspections • Issuance of press releases • Identified companies prioritized for programmed inspections
What’s New Subpart C Settlement Agreement: • Requires employers to hire consultants. • Applies agreement corporate-wide. • Requires info on other job sites.
What’s New Subpart C Settlement Agreement: • Requires submission of 300 logs to OSHA quarterly and consent to inspections based on logs. • Employer consents to allow OSHA entry.
What’s New Subpart C Post Settlement Agreement: • OSHA will seek enforcement of court orders as allowed under Section 11(b) OSH Act. In other words, they will more aggressively deal with employers in the courts. • Federal courts have more sanctions to deal with non-compliant employers-fines, court costs, incarceration.
Recordkeeping Recordkeeping Standard Revised January 2002
Who Must Comply • All employers with over ten employees must maintain 300 & 301 • Randomly selected employers must participate in the annual survey – results in BLS data.
Penalties • “Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment, for not more than 6 months, or both.”
Requirements… • Each workplace must display an OSHA or State poster. • The employer must report to OSHA within 8 hours all accidents which result in a fatality or hospitalization of three or more employees. (1-800-321-OSHA)
Recordkeeping Forms • 300 Log – list of recordable injuries • 301 Supplemental Form – in some states you can substitute your Employer’s First Report of Injury Form. • 300A Summary (This is what is posted)