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.

Myth #2-if I wear PPE, I can work without tool guards.

Absolutely false. This is more common in violation that he would realize. Frequently workers who wear safety glasses, his face shields, and other PPE feel that working without tool guards is safe since they are protected from flying objects. There are many reasons not to do this, however, the easiest one is that the manufacturers simply do not allow it. Therefore OSHA does not allow it.

Myth #3-to wear prescription glasses as safety glasses I have to add side shields.

Absolutely false. While side shields may help keep debris from entering a person’s eyes from side, prescription safety glasses are not rated as safety glasses. This is not because of the lenses, which are typically unbreakable, it is due to the frame itself. Common prescription frames are not rated to take the impact, and upon impact the lenses will simply pop out. The only appropriate way to wear prescription glasses is to wear OTG safety glasses or goggles over the prescription glasses.

Myth #4-OSHA requires steel toed safety shoes

Not usually. OSHA typically does not require steel toed shoes, where they rather leave it up to the employer to determine this. In special circumstances, such as jackhammering, not only steel toes, but metatarsal guards are required. And while safety shoes are typically required, in certain rare instances such as shingling a residential roof, tennis shoes are allowed when on the roof for their better traction and flexibility.

Myth #5 – if I decide to use a respirator voluntarily, I don’t need to comply with OSHA’s regulations are respirator use.

Not true. Even if you’re working in the environment which does not require respirator usage, and you decide to voluntarily use a respirator, there are still some things you need to comply with concerning OSHA regulations. The biggest problem facing employers is that each employee would still be required to be medically certified to be able to wear respirator, even if he brings one from home. The other lesser items to be strictly compliant would be recognizing that the care and use of the respirator is per manufacturers requirements, and that the employee still receives information on respirator use.

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.

Some details on the new penalty plan are:

Looking at five years of your past violation history when assessing a current penalty rather than the current three years. If you’re clean, you may get a 10% reduction – of course this will now be 67% harder to achieve. However, if you have been cited for anything more than a “less than serious” violation, your penalty is increased 10%. Again, this is 67% more exposure.

Looking at five years of your past violation history when assessing a repeat violation penalty rather than the current three years. Again, this is 67% more exposure.

Establishing a “Gravity-based” penalty system that results in $3,000 and $7,000 for all serious violations.

No reduction in penalty for employers with 251 or more employees.

Elimination of a 10 percent reduction for employers with a strategic partnership agreement.

Establishment of a penalty floor. The minimum proposed penalty after history, size and good faith adjustments will be increased to $500.

Dr. Michaels states that these changes will generally increase the overall dollar amounts of all OSHA proposed penalties. He believes that the average penalty for a serious violation will increase from approximately $1,000 to an average of $3,000 to $4,000.

[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.

2. Any person signing a contract to work on the construction of public works for any public body shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty days of beginning work on such construction project.

3. Any employee found on a worksite subject to this section without documentation of the successful completion of the course required under subsection 2 of this section shall be afforded twenty days to produce such documentation before being subject to removal from the project.

4. The public body shall specify the requirements of this section in the resolution or ordinance and in the call for bids for the contract. The contractor to whom the contract is awarded and any subcontractor under such contractor shall require all on-site employees to complete the ten-hour training program required under subsection 2 of this section. The public body awarding the contract shall include this requirement in the contract. The contractor shall forfeit as a penalty to the public body on whose behalf the contract is made or awarded, two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections 2 and 3 of this section have elapsed. The public body awarding the contract shall include notice of these penalties in the contract. The public body awarding the contract shall withhold and retain therefrom, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the public body has withheld from the contractor resulting from the subcontractor’s failure to comply with the terms of this section. If the payment has been made to the subcontractor without withholding, the contractor may recover the amount of the penalty resulting from the fault of the subcontractor in an action maintained in the circuit court in the county in which the public works project is located from the subcontractor.

5. In determining whether a violation of this section has occurred, and whether the penalty under subsection
4 of this section shall be imposed, the department shall investigate any claim of violation. Upon completing such investigation, the department shall notify the public body and any party found to be in violation of this section of its findings and whether a penalty shall be assessed. Determinations under this section may be appealed in the circuit court in the county in which the public works project is located.

6. If the contractor or subcontractor fails to pay the penalty within forty-five days following notification by the department, the department shall pursue an enforcement action to enforce the monetary penalty provisions of subsection 4 of this section against the contractor or subcontractor found to be in violation of this section. If the court orders payment of the penalties as prescribed under subsection 4 of this section, the department shall be entitled to recover its actual cost of enforcement in addition to such penalty amount.

7. The department may establish rules and regulations for the purpose of implementing the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

8. This section shall not apply to work performed by public utilities which are under the jurisdiction of the public service commission, or their contractors, or work performed at or on facilities owned or operated by said public utilities.

9. The provisions of this section shall not apply to rail grade crossing improvement projects where there exists a signed agreement between the railroad and the Missouri department of transportation or an order issued by the department of transportation ordering such construction.

10. This section shall take effect on August 28, 2009.

This same criteria is used with virtually all PPE. OSHA does not and cannot require employers’ workers to wear safety glasses, gloves, and various other forms of PPE unless there is a specific hazard that the PPE is being used to protect the worker. Again the majority of commercial contractors in the construction industry have safety and health programs that require their employees to wear not only safety glasses but gloves in most cases and high visibility shirts or vests as an extra margin of safety over and above OSHA requirements. While employers in the construction industry presently do not require employees to wear hearing protection, many of them do require the workers to at least have their hand protection with them at all times. This again is something that OSHA doesn’t require. The only blanket requirement for PPE regardless of the hazard that OSHA has is the wearing of safety shoes on a construction site.
It’s good to see the best of the construction industry players surpassing OSHA’s requirements. I hope this trend continues as the industry moves independently of any regulatory requirements and moves ahead at their own pace toward being the safest places possible to work.

In addition to safety glasses, safety goggles may be a requirement from time to time. This can be in cases where harmful vapors are present, chemicals that can splash into the eye, or very fine particles or dust. Safety goggles, come in several styles and again the employer should consider that different styles be made available to workers.
Face shields while important, are not eye protection. Face shields are designed to simply protect the face from flying particles, but are not designed specifically to protect the eyes. Therefore safety glasses are to be worn under face shields at all times.

Workers with bad eyesight can now enjoy some recent innovations in the safety eyewear market. First of all, aging workers who find it hard to focus on small print, can now find safety glasses with built-in magnification areas at the bottom of the lens. These classes have different magnification levels very similar to the “cheaters” that people may purchase for reading. It is important to try out these glasses carefully when going up and down stairs to ensure that the magnification area is not in the line of sight on the stair steps. Some accidents have occurred where people stumbled down stairs because the magnification area was set too high in lens of the safety glasses.

Another innovation is the rapidly growing prescription eyewear market. Prescription safety eyewear used to cost $500 or more a pair, but now there are many companies that are selling prescription safety eyewear for well under $100 a pair. This makes it attainable for the average worker to afford prescription safety eyewear. Otherwise, the remedy is for the worker to wear OTG, or “over the glasses” safety eyewear, or even goggles over there prescription glasses. This is because prescription glasses simply are not rated to take the impact of flying objects as safety eyewear is designed to do.

Finally I’d like to talk about fogging. Safety glasses historically have had a problem of fogging, but recent innovations in chemical wipes and anti-fog coatings on safety glasses have made the fogging problem much less than it was in years past. The bottom line is that employers need to take away workers reasons for not wearing safety glasses. Having a comprehensive eye protection program as part of your overall safety and health program, making safety eyewear available in several styles, having anti-fogging materials around, and having styles appropriate for workers who wear eyeglasses will all help achieve compliance with this regulation.

Another item to consider is stickers. This is one of the most common issues faced by safety professionals on the job site. While your safety and health program should address this, there are some items to consider. First of all some stickers are simply inappropriate to wear on a hardhat. Stickers containing foil or other metallic plating should never be used on a hardhat as these could conduct electricity. Naturally some stickers may be vulgar or otherwise inappropriate even on a construction site. Also stickers should never be placed within 1 inch of the brim edge of a hardhats, this is because cracks will start at the edge of the hardhats first and the stickers could hide a potential defect. A recent phenomenon on construction sites is the addition of stickers specific to the job site that is typically an owner’s requirement. Stickers such as worker identification, emergency procedures, emergency information, and jobsite designations are all stickers that may be required to be placed on the hard hat by the owner. Workers who go from job to job may soon find that the stickers are covering a majority of the hard hat’s surface. In this case, multiple hardhats may even be necessary. The hardhat should not have its majority of its surface covered with stickers again because this could hide defects.
In addition, other modifications to hardhats should not be done. Drilling vents, fastening accessories that are not permitted by the manufacturer, or even spray or brush painting of hardhats should never be done and technically even markers should not be used unless they are approved specifically by the manufacturer of the hard-hit.

Regarding maintenance and care of hardhats, one of the items I run into frequently is the fact that hardhats have a date of manufacture stamped on the inside. This date would indicate that the hardhats do have some sort of timeout or ultimate age at which the hard hat should be replaced. From what I can tell this is not true, I have checked with many manufacturers and could find no manufacturer that will give a lifespan on a hardhat of say four or five years maximum. For instance, an employer may purchase many hardhats put them on the shelf for years and then issue them to workers as needed. A worker could receive a hardhat on the first day that still brand-new but the date of manufacture could be five or even 10 years old! Manufacturers do not require hardhats to be retired at any certain age, rather they require the hardhats to be tested to see if they’re in good shape. The testing is typically done by squeezing or bending the hardhats shall to see if the plastic shell is still supple and does not creak or crack. Hardhats that are unusually hard or brittle or cracking need to be replaced. Typically what will affect the lifespan of the hardhats shell is sunlight and heat. Hardhats worn by workers on outside jobs and/or hardhats left on the dashboards of vehicles will have a shorter lifespan than hardhats worn indoors. In fact for many hardhats, the suspension will have to be replaced more frequently than the shell itself.

One last item I’d like to talk about all of the Western-style cowboy hardhats. These hardhats are favored in several areas of the country, and OSHA does not have an opinion on the wearing of these hardhats, as they are ANSI approved. However many employers will prohibit the use of these hardhats for couple of reasons. First of all, the hardhats are simply too large to work effectively in tight areas of typical construction site, and the worker will constantly be banging the brim edge around where they work. The other problem is if something falls on the worker this type of hardhat will have a tendency to add leverage to any object falling against a large brim. This could traumatize the cervical area of the worker and or if the object would hit the center crease on the hardhats it would tend to catch and transmit shock rather than deflect the object from the worker. I don’t have a problem with the worker wearing of this type of hardhats on an outside job, say in a roadbuilding situation. With a large open area and no overhead danger, the problems with wearing this hardhat go away and in fact the hardhat may help protect the worker from skin cancer to the ears and neck.

To summarize, review your company’s safety and health program, especially the PPE section for company rules regarding the wearing of hardhats. Hardhats protect the most critical part of your body, your brain, and hardhats have saved many lives and countless brain injuries.

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
• Have a basic understanding of equipment operation and limitations, including the crane dynamics involved in swinging and stopping loads and boom deflection from hoisting loads
• Know and understand the relevant requirements of § 1926.1419 through § 1926.1422 and § 1926.1428
• Demonstrate that he/she meets the requirements above through an oral or written test, and through a practical test

Note that all training must be for the “Standard Method” for hand signals. This is an important point, since we’ve gotten sloppy on job sites throughout the years. Almost anything goes now as far as hand signals, including “crumbing” or “rolling” the fingers to indicate to move slowly, and of course the clenched fist to signal “stop”. In fact, these signals may be better known by younger workers than the correct signals! Re-establishing the original, standard signals will benefit everyone.

Also of note is the requirement that the signal person understand basic crane operation and dynamics. This is a long overdue requirement also, since when I teach this class, my first question is, “Who is operating the crane?” In fact, the signal person is operating the crane! The operator is usually (some would say unfortunately) simply reacting to the signal person’s commands. The signal person needs to at least understand the basics of what the crane can and cannot do.

I also add a large segment to the course the addresses the new regulations for working around power lines. This, I believe is crucial to a signal person’s job function.

Finally, there I the requirement for an oral or written test, along with a practical test. I give a written test for CYA issues. The practical test is harder in a classroom situation. I give students a standard signal guide prior to class (preferably at registration) for them to learn (or relearn) the crane signals that they are to be tested on. My practical test is giving a verbal movement requirement from a checklist (i.e. “lower boom & raise load”) and asking the student to respond with the correct hand signal. This, of course may have to be repeated several times until the student passes 100%.

All in all, the new training requirements should make a difference in how cranes are operated in the field.

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.

Now if the line is not de-energized (which is usually the case), the employer must: conduct a meeting with the assembly/disassembly crew to review measures to prevent encroachment; they must use only nonconductive tag lines; and they must use a dedicated spotter, an elevated warning line/barrier in view of the operator, or an alarm/ automatic control system.

Cranes cannot be assembled or disassembled below an energized power line or within the minimum distances referenced in Table A of a power line. And if Table A is used, the owner/utility must provide the voltage to the employer within 2 days of a request.  Power lines must be assumed to be energized until they are confirmed to be de-energized and visibly grounded. Warnings about electrocution hazards must be posted conspicuously in the cab (in view of the operator) and outside the cab (except for overhead gantry and tower cranes).

The work zones around equipment must be marked 360 degrees around the equipment to prevent encroachments within 20 feet of a power line. If the line is not de-energized, a meeting must also be held with the crew before operations begin to review the location of the lines and procedures to prevent encroachment.

Measures similar to those required during assembly/disassembly must be taken to prevent encroachment.  An insulating link between the load line and load is also an option.

Now it probably goes with out saying, but operators and crew members must now be trained in several items: on the procedures to follow in the event of a contact; that power lines must be presumed to be energized until confirmed and visibly grounded, that power lines are presumed un-insulated until otherwise confirmed by the owner or a qualified person, on the limits of insulating links and other devices, and on proper grounding procedures and their limitations.  Spotters must also get training as applicable to their work and responsibilities..

The minimum clearance distances are specified in Table A as:

Voltage (kV)                                                 Minimum clearance distance (ft)

Up to 50                                                                                 10

>50 to 200                                                                             15

> 200 to 350                                                                          20

>350 to 500                                                                           25*

>500 to 750                                                                           35*

>750 to 1,000                                                                        45*

> 1,000                                               determined by the utility/owner

* According to 1926.1409, for power lines over 350 to 1,000 kV, the minimum distance is presumed to be 50 feet. Over 1,000 kV, the utility/owner or a registered engineer must establish the minimum distance.

Over 350 to 1,000 kV, the minimum distance is presumed to be 50 feet. Over 1,000 kV, the utility/owner or a registered engineer must establish it.

If work has to operate closer than the Table A values, then the following precautions must be taken:

• The employer must show that Table A is infeasible and that it is infeasible to de-energize and ground or relocate the line;
• Safe distances must be determined by the owner/operator of the line or a registered professional engineer who is a qualified person;
• A planning meeting must be held;
• Automatic reenergizing devices must be inoperative;
• A dedicated spotter must be assigned;
• An elevated warning line/barricade or an insulating link must be installed between the line and the load (additional provisions kick in one to three years after the effective date);
• Non-conductive rigging must be used;
• A range of motion limiting device must be used;
• Non-conductive tag lines must be used;
• Barricades at least 10 feet from the equipment (where feasible) must be established;
• Equipment must be properly grounded;
• Workers must be kept from touching the line above the insulating link;
• The owner and user must meet with the equipment operator and other workers to review procedures;
• One person must be identified who will implement the plan and can stop work if necessary; and
• Documentation of these procedures must be immediately available on site.

Equipment traveling under or near a power line must have a lowered boom/mast and support system, and must obey minimum clearance distances set in Table T,  It’s also important to reduce speeds to minimize breaching, Also, use a dedicated spotter if closer than 20 feet, and illuminate or identify the power lines at night and finally identify and use a safe path of travel.

Table T – Minimum Clearance Distances While Traveling with No Load

Up to 0.75 kV                                                            4 ft

>0.75 to 50 kV                                                           6 ft

>50 to 345 kV                                                            10 ft

>345 to 750 kV                                                         16 ft

>750 to 1,000 kV                                                      20 ft

> 1,000 kV                             established by owner or registered professional engineer/qualified person

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.

Myth #2- You may have OSHA visit your workplace and the agency will inspect it without citing you for anything it finds wrong.

Not really. In fact, while OSHA does provide free consultation, there are some strings attached. First of all, it’s true that OSHA will not cite you for violations it finds-unless it is extreme or egregious in their opinion. Under virtually all circumstances, however OSHA will simply look at your workplace and give you a list of items that they see as violations. You will not be cited at that time, however there is a time frame to correct each and every violation. Failure to correct these violations would result in penalties.

Myth #3- OSHA inspectors are required to show proper identification. If they do not, the entire inspection is null and void.

Absolutely false! I have experienced many OSHA inspections and have heard dozens of stories from other employers, where OSHA shows up without presenting any ID whatsoever. In fact, I’ve had first-hand knowledge of OSHA inspectors, purposely avoiding discussing their credentials and instead asking questions in general about the job as if they are an owner’s representative. In addition to this subterfuge, OSHA inspectors can certainly film and watch from a distance, with anything found as a violation counting toward citations.

Myth #4-OSHA has a quota of citations they must write

Not 100% false. While OSHA does not have any quotas per se, each area office does have a “goal” of citations and dollar amounts to achieve. These goals are adjusted annually and typically have always increased from the year before, usually by 1 to 4%. If a local area OSHA office does not reach their goal, the OSHA regional office has the option of auditing the local office. That being said, it appears that there is enough incentive for any local OSHA area office to be quite cognizant of their goals and the incentive to achieve those goals.

Myth #5 – you can spot an OSHA inspector a mile away.

False. CSHO’s (compliance safety and health officers) simply look like anyone else in the general population. Inspectors can be either sex any race and any age. The important thing to remember is that when a unknown person shows up on your job site. It’s probably a good idea to find out who they are and ask them for identification. And, no they don’t wear green OSHA windbreakers.

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.