Top Five PPE Myths

Myth #1 –I can wear a hardhat backwards if I choose to.

This is one of the more vexing problems on the job site. All too often, employees want to wear their hardhats backwards for no reason other than aesthetics. This is become so prevalent that now manufacturers are placing reverse donning stickers inside their hard hats. With the stickers the manufacturer is claiming and allowing the employee to where the hard hat backwards. However, most OSHA inspectors will not allow hardhats to be worn backwards unless there is a bona fide reason to do so. For instance in the mechanical crafts, who work overhead frequently, it may be appropriate. In addition, of course, hardhats are typically worn backwards for welding operations etc.
(more…)

OSHA’s New Rules Substantially Increases Penalties

On April 22, 2010, Dr. David Michaels, head of OSHA, sent a letter to his 10 regional administrators outlining the new rules in an effort to blatantly increase the dollar amount of penalties for deterrence. The penalty changes will become effective over the next several months.
(more…)

[Excerpt from MO House Bill 1549]

[Section] 292.675.

1. As used in this section, the following terms shall mean:
(1) “Construction”, construction, reconstruction, demolition, painting and decorating, or major repair;
(2) “Department”, the department of labor and industrial relations;
(3) “Person”, any natural person, joint venture, partnership, corporation, or other business or legal entity;
(4) “Public body”, the state of Missouri or any officer, official, authority, board or commission of the state, or other political subdivision thereof, or any institution supported in whole or in part by public funds;
(5) “Public works”, all fixed works constructed for public use or benefit or paid for wholly or in part out of public funds. “Public works” includes any work done directly by any public utility company when performed by it pursuant to the order of the public service commission or other public authority whether or not it be done under public supervision or direction or paid for wholly or in part out of public funds when let to contract by said utility.
(more…)

After the inception of OSHA in 1970, the construction industry as a whole was severely lagging the OSHA regulations. However as the years wore on, contractors through the use of comprehensive safety and health programs, slowly but steadily caught up to OSHA requirements, in my opinion, by the mid-1990s. In the last 10 years, the best of the construction industry has surpassed OSHA requirements in many ways and now OSHA is lagging the construction industry in many areas with dated regulations.
(more…)

Your eyes are the most sensitive and easily damaged organs in your body. Eye protection in the presence of hazards will is a requirement by OSHA under the subpart E personal protective equipment regulations. However, OSHA does not require eye protection at all times, only when there is a hazard present of flying particles and, say harmful vapors. Most employers safety and health programs do require safety eyewear 100% of the time. Let’s talk about a few types of this protection.
(more…)

One of the most visually prevalent pieces of safety equipment on a construction site is the traditional hard hat. Many employers’ safety and health programs require the wearing of hardhats at all times when on the construction site. This is a requirement that is over and above the OSHA PPE regulations. Where OSHA requires hardhats only in situations where there is a danger of overhead falling or flying objects, again many employers simply require 100% wearing of hardhats. I think this is a good idea since the worker may have no idea of where a potential danger’s coming from, such as another worker working overhead.
(more…)

In August, 2010, OSHA Puts its new Cranes & Derricks Regulations in place, with an effective date of November 9, 2010 for most of its provisions, including a new training requirement for signal persons.

Anyone who may signal a crane will now be required to be qualified through specific training. This Qualified Crane Signal Person training has five distinct topics.

• Know and understand the type of signals used. If hand signals are used, the signal person must know and understand the Standard Method for hand signals.
• Be competent in the application of the type of signals used

(more…)

20 is the New 10

OSHA has significantly changed it’s treatment of powerlines with its new subpart 1926.1407-1411.  In the past there was little to no discussion until personnel or equipment got within 10 feet of an overhead powerline.

Now, before assembly or disassembly of a crane, the employer must determine if it could come within 20 feet of a power line. If so, the employer must either confirm with the power company that the line is de-energized and visibly grounded at the worksite, make sure no part gets within 20 feet of the power line or follows Table A, which has minimum distances based on voltage.
(more…)

Myth #1 –OSHA’s budget is supported by its fines

A common belief among employers. Even I have heard some OSHA inspectors from state programs, intimate that the fines pad their budgets, there is no truth to the rumor. State and Federal OSHA programs alike, pass the citations on to either the U.S. Treasury or the respective State Treasury coffers. That’s not to say that fines are not on the increase. Recently, Dr. David Michaels, the head of OSHA, circulated a memo, which basically is asking OSHA area office to triple or quadruple their average fine structure. (more…)

Here are some tips on what to do if an OSHA officer visits your site.

Duplicate the Compliance Officer’s moves.

If he takes a measurement or photograph, take your own measurement or photo, perhaps from another perspective for your records. If unsure, feel free to ask why he has a particular interest in a given area. Remember, whatever is in site is subject to inspection, so try to escort him via the safest route. Offer no information other than what you’re asked for- an attempt to smooth-over or talk your way out of an apparent hazard helps no one, and could be detrimental.

Conduct a closing conference.

At this time, you will review with the Compliance Officer any apparent violations and discuss possible methods and time periods necessary for correction. The compliance Officer will explain that the violations found may result in a citation and a proposed financial penalty, will describe the employer’s rights, and will answer all questions. Remember to speak only in terms of alleged violations.

Citations.

OSHA is required by law to issue citations for violations of safety and health standards. The agency is not permitted to issue warnings. Citations include: a description of the violation, the proposed penalty if any, and the date by which the hazard must be corrected. In most cases, citations are prepared at the local OSHA office and mailed to the employer. OSHA has up to six months to send the Notice of Penalty, with it usually taking two to three months on average for you to receive this notice.

Contesting/ Negotiating a Citation

Employers have 15 working days upon receipt to file an intention to contest OSHA citations. An employer may request an informal conference with the area director to discuss any citations issued if you feel an OSHA citation is unreasonable. Citations may disputed for two common causes; that the citation is false, or that the citation’s dollar penalty is excessive. Two less common but still worthy pursuits are; disputing the citation’s contention that the danger was real, serious, and that an accident was likely to occur, and that you were responsible for causing the unsafe conditions. While this may not relieve you completely of a penalty, it may count toward negotiating a better deal.

Contesting is frequently a good idea since OSHA will typically negotiate with the employer to a lesser penalty amount. The agency and the employer can then arrange a settlement agreement to resolve the dispute, and more importantly, to demonstrate that the hazards were eliminated.