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DEVELOPING & MAINTAINING A SAFETY PROGRAM
and
OSHA COMPLIANCE

By: Lawrence P. Postol, Esquire
© 1997 Lawrence P. Postol
"Will your safety program survive an OSHA inspection? A comprehensive outline to the essential and required elements of a successful safety program ...."
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DEVELOPING & MAINTAINING A SAFETY PROGRAM
and
OSHA COMPLIANCE
I OVERVIEW : Return to Top : Exit Article
 
A. OSHA Jurisdiction
 
1. Employer-Employee Relationship Concerning Safety
2. Federal, State and City Workers' Excluded
3. Approved States Programs: Alaska, Arizona, California, Connecticut (public employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York (public employees only), North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.
B. General Duty Clause: "Provide A Place Of Employment Which [Is] Free From Recognized Hazards That Are Causing Or Are Likely To Cause Death Or Serious Injury To His Employees"
C. Safety and Health Standards For Particular Hazards
 
1. Procedure:
 
(a) Advance Notice of Rulemaking in Federal Register
(b) Proposed Rule In Federal Register
(c) Final Regulations Issued In Federal Register
(d) Emergency Temporary Standard (Grave Danger)
(e) Court Challenge
2. Substance:
 
(a) Prefer Engineering Control To Eliminate Hazard
(b) Work Practice To Reduce Exposure To Hazard
(c) Personal Protective Only If Engineering Controls And Work Practices Not Feasible, Or Not Totally Effective
(d) Training
(e) Medical Surveillance
(f) Recordkeeping
D. Employee Rights
 
1. Notice Poster (OSHA 2203)
2. Antidiscrimination and Retaliation Provision
3. Walk Around Rule
4. Refusal to Work If Reasonable Belief Of Imminent Danger of Serious Injury or Death
E. Enforcement
 
1. OSHA Inspectors
2. Area Director Citation: 15 Working Days To Contest
3. Administrative Law Judges, Review Commission and Court Of Appeals
   
II INSPECTIONS : Return to Top : Exit Article
 
A. When
 
1. Report Within 8 Hours Accidents Which Cause Death Or Three Or More Hospitalizations
2. Employee Complaint
3. Your Numbers Up - Programmed Inspection Especially In High Risk Industry
B. Whether To Require A Warrant: The Honey And Vinegar Debate
 
1. Convince The Inspector You Have A Quality Safety Program And You Are Proud Of It.
2. If You Require A Warrant, The Inspection Is Limited To The Scope Of The Warrant. Blame The Lawyer.
3. Read Your Inspector
4. You Have The Right To Terminate An Inspection You Allowed Without A Warrant At Any Time And Insist On A Warrant
C. Inspection Procedure
 
1. Opening Conference: Define The Scope
2. Accompany The Inspector
3. Limit The Inspector's Exposure
4. Do What The Inspector Does:
 
(a) Take Notes
(b) Take Pictures
(c) Make Drawings
5. Decide What To Fix And When
6. Never Admit To Anything Unless You Want To See It Later In Print. Be Guarded About All-Encompassing Statements Such As "We Always" or "It Never." This Type Of Statement Will Haunt You Later.
7. Closing Conference: Take Good Notes, Do A Lot Of Listening And Asking Questions - Not Answering Them.
8. Once The Citation Arrives, You Have 15 Working Days To Contest Its Allegations.
   
III DEVELOP A WRITTEN HEALTH AND SAFETY MANUAL : Return to Top : Exit Article
 
A. OSHA Handbook for Small Business (OSHA 2209): Four Point Problem (Safety Committees Cannot Be Employer Dominated)
 
1. Management Commitment and Employee Involvement
2. Workplace Analysis - Identify Hazards
3. . Hazard Prevention and Control
 
(a) Safe Work Procedures
(b) Quality Checks
4. Training for Employees, Supervisors & Managers
B. Describe Which OSHA Standards Apply to Which Work Situations
 
1. How to Comply
2. Who is Responsible for Compliance
3. Checklist (pages 20-36)
 
Employer Posting Recordkeeping Safety and Health Program
Medical Services and First Aid Fire Protection Personal Protective Equipment and Clothing
General Work Environment Walkways Floor and Wall Openings
Stairs and Stairways Elevated Surfaces Existing or Egress
Exit Doors Portable (Power Operated) Tools and Equipment Abrasive Wheel Equipment - Grinders
Powder Activated Tools Machine Guarding Lockout Tagout Procedures
Welding, Cutting and Brazing Compressor and Compressed Air Compressors Air Receivers
Compressed Gas Cylinders Hoist and Auxiliary Equipment Industrial Trucks - Forklifts
Spraying Operations Entering Confined Spaces Environmental Controls
Flammable and Combustible Materials Hazardous Chemical Exposure Hazard Communication Rule
Electrical Noise Fuel Identification of Piping
Systems Material Handling Transporting Employees and Materials
Control of Harmful Substances Ventilation Sanitizing Equipment and Clothing
Tire Inflation State Consultation  
C. Develop And Update A Training Program
 
1. Principles of Training
 
(a) Type and Method of Exposure to Hazard
(b) Nature of Hazard
(c) Safety Procedures & Medical Surveillance
(d) Copy of Regulation
2. Training Requirements In OSHA Standards and Training Guidelines (OSHA 2254)
     
IV DEVELOPMENT & IMPLEMENT A QUALITY ASSURANCE PROGRAM : Return to Top : Exit Article  
 
A. Obtain Support Of Production Personnel
 
1. Show Concern for Production Needs and Costs
2. Show Willingness to Find Safe Production Solutions
3. Stress Workers' Compensation Cost Savings - Internalize Costs
B. Internal Enforcement Program
 
1. Reward System
2. Authority of Safety Department to Stop Work and Discipline Employees, Including Managers
3. Punishment System
4. OSHA'S Model Policy Statement and Code of Safe Practices (pages 50-52)
 
     
V HOT AREAS : Return to Top : Exit Article  
 
A. Reporting Injuries And Illnesses
 
1. Recordkeeping Guidelines for Occupational Injuries And Illnesses (OMB No. 1220-0029)
B. Hazard Communication
 
1. Written Program
C. Lockout-Tagout
D. Ergonomics
 
1. 30 Day Reporting New Injury Rule
E. PPE
 
     
VI THE NEW PERSONAL PROTECTIVE EQUIPMENT ("PPE") STANDARD : Return to Top : Exit Article  
 
A. Overview
 
1. General Requirements, 29 C.F.R. § 1910.132
2. Eye And Face Protection, 29 C.F.R. § 1910.133
3. Respirators, 29 C.F.R. § 1910.134
4. Head Protection, 29 C.F.R. § 1910.135
5. Foot Protection, 29 C.F.R. § 1910.136
6. Hand Protection, 29 C.F.R. § 1910.138
B. Hazard Assessment Of The Workplace To Determine If PPE Is Needed. Certification Required -- Dated And Signed
C. Select Appropriate PPE And Proper Fit (E.g., Female Employees)
D. Periodic Inspection Of PPE And Replace Damaged Or Defective PPE
E. Training Of Employees
 
1. When PPE Is Necessary
2. What PPE Is Necessary
3. Limitations Of PPE
4. How To Use And Maintain PPE
5. Certification Required - Employee Received Training And Assure Employee Understands It
6. Recommend Written Or Documented Oral Test
7. Retraining If Workplace Changes
8. Recommend Disciplinary System
 
     
VII HAZARD COMMUNICATION : Return to Top : Exit Article  
 
A. Employees Who Handle Hazardous Chemicals: "Physical" or "Health" Hazard
B. Written Hazard Communication Plan
 
1. A List Of Hazardous Chemicals Known To Be Present In The Workplace;
2. The Methods The Employer Will Use To Inform Employees Of The Hazards Of Non-Routine Tasks And The Hazards Associated With Chemicals Contained In Any Labeled Pipes In Their Work Areas;
3. The Methods The Employer Will Use To Inform Any Contractor Employers, With Employees Working In The Employer's Workplace, Of The Hazardous Chemicals To Which Their Employees May Be Exposed While Performing Their Work; And
4. The Procedures To Be Followed With Respect To Labeling, Material Safety Data Sheets And Employee Information And Training.
C. Labelling
 
1. Employers Must Ensure That Each Container Of Hazardous Chemicals In The Workplace Is Labeled, Tagged Or Marked With The Identity Of The Hazardous Chemicals Contained Therein And Appropriate Hazard Warnings
2. In Lieu Of Affixing Labels To Individual Containers, The Employer May Use Signs, Placards, Process Sheets, Batch Tickets, Operating Procedures Or Other Written Materials To Identify The Chemicals And Convey The Necessary Hazard Warning, Must Retain DOT Placards
3. The Labels Or Other Identifiers Must Be Legible And Prominently Displayed
4. The Employer May Not Remove Or Deface Existing Labels On Incoming Containers, Unless They Are Immediately Marked With The Required Information.
D. Training
 
1. Upon Their Initial Assignment
2. Whenever A New Chemical Is Introduced Into The Workplace
3. Informed Of Requirements Of Standard
4. Informed Of Any Operating In Their Work Area Where Hazardous Chemicals Are Present
5. Informed Of The Location And Availability Of The Written Hazard Communication Program.
6. Trained In Methods And Operations That May Be Used To Detect The Presence Or Release Of Hazardous Chemicals In The Work Area
7. Informed Of The Physical And Health Hazards Of The Chemicals In The Work Area
8. Trained In The Measures Employees Can Take To Protect Themselves From The Hazards And The Details Of The Employer's Hazard Communication Program
E. Hazard Communication: A Compliance Kit
 
l. OSHA Appendix E - Guidelines For Employer Compliance
 
     
VIII REPETITIVE TRAUMA - ERGONOMICS : Return to Top : Exit Article  
 
A. OSHA Enforcement - General Duty Clause
 
1. Despite the question of whether a job task requiring repeated motion, or pinching and grasping, rises to the level of a hazardous condition in the workplace, and despite the absence of specific standards to outline for employers what exactly they must do to abate CTD injuries, OSHA has let industry know it considers such conditions workplace hazards, and is using the General Duty clause to issue citations.
2. General Duty Clause (GDC), as most know, was included in the Act to allow OSHA to cite workplace hazards even though the employer may not have violated a specific standard.
3. GDC requires employers to provide a workplace free from obvious and recognized hazards that cause or are "likely to cause death or serious physical harm" to employees.
4. Elements of the GDC require OSHA to prove that it is citing:
 
(a) Hazardous condition that can cause serious physical harm.
(b) One that the Industry knows about.
(c) One that the employer has failed to take steps to alleviate.
5. "Hazardous condition" - certainly a debate exists in the legal community over whether repetitive motion and certain work conditions associated with such activity pose serious threats of physical harm.
 
(a) Employees for generations had been checking groceries and using normal looking screwdrivers without serious incidents of work injury.
(b) Typing is another example of a repetitive motion that seems innocuous enough, but that physicians consistently have been linking to CTS. Legal debate also obtains fuel from the Medical controversy over the causation issues. Whether a link really exists between a diagnosed CTD and the activity to which it is attributed.
6. Assuming these conditions are in fact "hazards"-there can no longer be any question that industry now "knows" about the controversy surrounding the issue of CTDs. Thus, no argument that the second element of GDC is met.
7. Failing to take steps to alleviate - there is no question what steps OSHA generally considers correct towards alleviating or diminishing claims of CTS -- ergonomics. Problem is how far to go.
B. Specific Duties - How Far Is Far Enough?
 
1. Uncertainty over the legality of OSHA's approach to requiring abatement methods for CTDs leaves most employers and employees guessing how to meet OSHA's seemingly slide rule threshold.
 
(a) Employers must weigh alternative measures for addressing CTDs in the workplace--too many new gadgets to adopt them all, and the costs for each is great.
(b) Employees have to balance their CTD concerns against fears of automation, and other (arguably more important) safety or health concerns.
2. OSHA Settlements.
 
(a) Only partial guidance because so broad in scope with regard to abatement recommendations.
 
i. OSHA itself does not offer resources or expertise to assist in the abatement process.
ii. Leaves the development of a program and its specifics up to the Employer.
iii. Should be some consolation, that if an Employer develops and implements a program, it should leave OSHA hard-pressed (given the legal enforcement issues that exist) to show the employer violated its general duty to provide a safe workplace.
3. Three general requirements make a satisfactory OSHA program.
 
(a) An ergonomic assessment of the facility and implementation of "feasible" measures recommended by the ergonomist.
(b) Formulating and implementing training and awareness programs that instruct employees and managers on strategies for reducing CTDs.
(c) Implementing a medical management program.
 
     
IX LOCKOUT/TAGOUT : Return to Top : Exit Article  
 
A. Written procedures - Employers are to outline and use lockout/tagout procedures for de-energizing all equipment or machinery before maintenance and repair (§1910.147(c)(4)).
 
1. Specific outline (scope, purpose, authorization, rules, and control techniques, such as enforcement and sanctions).
B. Minimum information required is actually quite comprehensive.
 
1. Statement - how the procedure is to be used.
2. Steps preceding lockout or tagout.
 
(a) Preparing for shut down.
(b) Actual shut down.
(c) Isolating energy source.
3. Steps for lockout or tagout.
 
(a) Applying the actual lock or tag.
(b) Acknowledging who is responsible for it.
4. Steps for releasing stored or residual energy once locked or tagged.
5. Steps for testing and verifying effectiveness of the lock or tag before beginning repair or maintenance.
6. Steps for re-energization.
 
(a) Inspecting the work area.
(b) Assuring all equipment or machine components are intact.
(c) Procedure for ensuring all employees in safe position away from or removed from energy source.
7. Steps following lock or tag removal.
 
(a) Notification to all employees affected that locks or tags have been removed.
(b) Confirming all locks and tags are removed by the employee who put them there, or authorized personnel.
C. Additional procedures for special circumstances.
 
1. Shift changes - procedure to assure orderly transfer of locks/tags between employees on shift.
2. Outside contractors - steps for coordination of contractor & owner's procedures, and notification to employees.
3. Testing or positioning machines when power is needed to test the serviced or repaired equipment, a re-energization procedure must be followed by de-energization, and re-applying lock or tag.
4. Group lockout- "one person one lock" for repairing or servicing UNLESS equivalent protection can be afforded.
 
(a) Authorized employee covers number of others.
(b) Control by way of a group lockout/tagout device (operations lock).
(c) Assure that the authorized employee ascertains the exposure status of his group.
(d) Multiple crews - one authorized overall to coordinate crews.
(e) One lock/tag for each employee on the group device, when performing service or maintenance.
D. Training - Employer Must Certify That All Employees Covered By The Standard Have Been Trained. Certification Must Include Dates Of Training And Name Of Each Employee
 
1. Three kinds of employees - "authorized" (actual users of locks and tags (servicing, repair, and maintenance workers) and their supervisors), "affected" (machine operators or users during normal operation), and "other" (job related by situs or status to machines or equipment required to be locked or tagged.
2. Affected employees must be instructed in the purpose and use of procedures.
3. Other - must be instructed on the procedures, and to respect prohibitions that locks or tags represent against operations of the equipment.
4. Authorized users, have to be trained additionally on:
 
(a) How to recognize hazardous energy.
(b) How safely to implement the procedure for lockout/tagout.
(c) What hazards may result specifically from machines or equipment in specific work area.
 
     

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Last updated on Monday Nov 01, 1999 at 10:55 PM Relax!