If
eye protection is required in our production area, must we
post CAUTION EYE PROTECTION REQUIRED signs?
Yes and
No. Caution signs can be posted to indicate a possible hazard
against which proper precautions should be taken. If the employer
determines that the nature of the hazard is such that failure
to designate it may lead to an accidental injury, then a sign
in accordance with 29 CFR §1910.145 or other effective means,
like proper training, is required. Otherwise, the sign or
other effective means is optional.
Does
OSHA prohibit employees from wearing loose chains, jewelry,
or loose clothing?
OSHA's
general industry regulations on machine guarding or hand and
portable power tools do not specifically prohibit employees
from wearing jewelry or loose clothing.
In
the general industry electrical standards, §1910.333 is on
selection and use of work practices. Paragraph (c) is on working
on or near exposed energized parts. Section (c)(8) states:
"Conductive articles of jewelry and clothing (such as watch
bands, bracelets, rings, key chains, necklaces, metalized
aprons, cloth with conductive thread, or metal headgear) may
not be worn if they might contact exposed energized parts.
However, such articles may be worn if they are rendered nonconductive
by covering, wrapping, or other insulating means."
In
the Powered Industrial Truck regulation (§1910.178), paragraph
(g) is on changing and charging storage batteries. Section (g)(12) states that
"Tools and other metallic objects shall be kept away from
the top of uncovered batteries."
OSHA
has published a booklet, Hand and Power Tools (OSHA 3080),
where page 4 states, "Wear proper apparel for the task. Loose
clothing, ties, or jewelry can become caught in moving parts."
In
another publication, Concepts & Techniques Of Machine Safeguarding (OSHA 3067), OSHA includes a Machine Guarding Checklist where
one of the items under the heading Protective Equipment and
Proper Clothing is, "Is the operator dressed safely for the
job (i.e., no loose-fitting clothing or jewelry)?" In the last
paragraph of chapter one, Basics of Machine Safeguarding,
this publication states, "Other parts of the worker's clothing
may present additional safety hazards. For example, loose-fitting
shirts might possibly become entangled in rotating spindles
or other kinds of moving machinery. Jewelry, such as bracelets
and rings, can catch on machine parts or stock and lead to
serious injury by pulling a hand into the danger area."
Under
Section 5 of the OSH Act (the General Duty clause):
a)
Each employer -
(1)
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 his employees;
(2)
shall comply with occupational safety and health standards
promulgated under this Act.
If
the employer has recognized that wearing loose chains, jewelry,
loose clothing, or other items is a hazard likely to cause
serious physical harm, he has an obligation to address this
hazard under the General Duty clause.
I
have a theft problem at my jobsite so I carry the fire extinguishers
for the job in a truck. The truck is always at the jobsite
when employees are working. Does this meet the OSHA requirements?
No,
it does not meet OSHA requirements. Fire extinguishers must
be at the jobsite and in numbers required by the OSHA regulations
at 29 CFR §1926.150.
How
much HAZWOPER training do my drivers need to haul hazardous
materials/waste?
It
depends upon what the employer wants their employees (drivers)
to do. There is no regulation that requires drivers to have
HAZWOPER training.
HAZWOPER
standard involves employees who are engaged in the following
operations:
Clean
up operations that are conducted at uncontrolled hazardous
waste sites. These operations are required by a governmental
body, whether federal, state, local or other involving hazardous
substances.
Corrective
actions involving cleanup operations at sites covered by
Resource Conservation and Recovery Act of 1976 (RCRA).
Voluntary
cleanup operations at sites recognized by federal, state,
local, or other governmental body as uncontrolled hazardous
waste sites. Operations involving hazardous wastes that
are conducted at treatment, storage, and disposal facilities
regulated by Title 40 CFR Parts 264 and 265 pursuant to
RCRA, or by agencies under agreement with EPA to implement
RCRA regulations.
Emergency
response operations for releases of, or substantial threats
of release of, hazardous substances regardless of the location
of the hazard.
A
driver would most likely fall under the last category. Keep
in mind that the definition of "emergency response" talks
of incidental releases such that "Responses to incidental
releases of hazardous substances where the substance can be
absorbed, neutralized, or otherwise controlled at the time
of release by employees in the immediate release area, or
by maintenance personnel are not considered to be emergency
responses within the scope of this standard."
Paragraph
(j) of the §1910.120 HAZWOPER regulation talks about handling drums and containers. In 1910.120(i)(1)(vii), OSHA says: "U.S. Department of Transportation specified salvage
drums or containers and suitable quantities of proper absorbent
shall be kept available and used in areas where spills, leaks,
or ruptures may occur." In 1910.120(i)(1)(viii), OSHA says: "Where major spills may
occur, a spill containment program, which is part of the employer's
safety and health program required in paragraph (b) of this
section, shall be implemented to contain and isolate the entire
volume of the hazardous substance being transferred."
A
spill would more than likely not be large if it is to be cleaned
up by the driver.
If
it is a large spill that becomes an uncontrolled HAZWOPER
site, specially trained emergency response crews are usually
called in.
Generally,
once the hazardous substance leaves a site for transport,
it is no longer covered under OSHA, but rather it is under the jurisdiction
of the DOT. HAZWOPER training is not required unless drivers
will be undertaking the task of cleaning up the site, and
this is very involved. If a spill constitutes a HAZWOPER site,
it usually involves functions from maintaining site security
through decontamination. One or two drivers would not be enough
to accomplish all that is involved.
Again,
it all depends on how involved the employer wishes his drivers
to be.
What
are the training requirements for portable fire extinguishers
in California?
The
regulation covering fire extinguishers in California workplaces
is found in Title 8, Chapter 4, Subchapter 7, Group 27, Article
157, paragraph (g):
(g)
Training and Education
(g)(1)
Where the employer has provided portable fire extinguishers
for employee use in the workplace, the employer shall also
provide an educational program to familiarize employees
with the general principles of fire extinguisher use and
the hazards involved with incipient stage fire fighting.
(g)(2)
The employer shall provide the education required in subsection
(g)(1) of this Section upon initial employment and at least
annually thereafter.
(g)(3)
The employer shall provide employees who have been designated
to use fire-fighting equipment as part of an emergency action
plan with training in the use of the appropriate equipment.
(g)(4)
The employer shall provide the training required in subsection
(g)(3) of this Section upon initial assignment to the designated
group of employees and at least annually thereafter.
What
things determine the need for safety training, and how do
I identify these needs?
As
most safety trainers are aware, safety training does not simply
involve inviting a group of workers to a meeting on the safety
topic of the month. It involves planning, preparation or development,
and evaluation. But even before you get to the planning point
of your program, you need to do some preliminary legwork,
or analysis, to determine when training is the appropriate
organizational response to a problem, issue, or need. So,
before you commit to a training program, analyze organizational
needs and specific problems, and review regulatory requirements
for training.
Analysts
use surveys, interviews, observations, or a combination of
these to determine possible training needs. Managers, line
supervisors, or workers might be asked questions seeking information
on workplace accidents and "near misses," product quality,
production efficiency, and on whatever else could point to
areas where safety training or engineering/administrative
control is needed.
When
employees are not performing their jobs safely, it is often
assumed that training will bring them up to speed. However,
it is possible that other actions (such as hazard abatement
or the implementation of engineering controls) would enable
employees to perform safely on the job.
Problems
that can be addressed effectively by training include those
that arise from a lack of knowledge of a work process, unfamiliarity
with equipment, or incorrect execution of a task. Training
is less effective (but still can be used) for problems arising
from an employee's lack of motivation or lack of attention
to the job. Whatever its purpose, training is most effective
when designed in relation to the goals of the employer's total
safety and health program.
Ideally,
safety and health training should be provided before problems
or accidents occur. This training would cover both general
safety and health rules and work procedures, and would be
repeated if an accident or near miss incident occurs.
Although
OSHA is moving towards safety training requirements that are
"performance-oriented," that is, requiring training when certain
indicators appear, some regulations still have annual retraining
specifications built in. The following citations include annual
retraining requirements:
Access
to employee exposure and medical records - 29 CFR §1910.1020(g)(1).
Bloodborne
pathogens - 29 CFR §1030(e)(2)(ii)(M) and (g)(2)(ii)(C).
Mechanical
power presses - 29 CFR §1910.217(h)(13)(i).
Occupational
noise - 29 CFR §1910.95(k)(2).
Permit-required
confined space - 20 CFR §1910.146(k)(2)(iv)-(rescue).
Portable
fire extinguishers - 29 CFR §1910.157(g)(2) & (4).
Respiratory
protection - 29 CFR §1910.134(k)(5).
In addition,
the chemical-specific regulations in Subpart Z* require annual
retraining. The only chemical-specific Subpart Z regulations
that do not require annual retraining are §1910.1002-coal
tar pitch volatiles, §1910.1052-methylene chloride, and §1910.1096-ionizing
radiation (but, the employer must advise employees of their
ionizing radiation monitoring results annually).
NOTE:
The chemical-specific regulations in Subpart Z that require
annual retraining are §1910.1001-Asbestos; §1910.1003 through
§1910.1016-13 Carcinogens; §1910.1017-Vinyl chloride; §1910.1018-Inorganic
arsenic; §1910.1025-Lead; §1910.1027-Cadmium; §1910.1028-Benzene;
§1910.1029-Coke oven emissions; §1910.1043-Cotton dust; §1910.1044-1,2-dibromo-3-chloropropane;
§1910.1045-Acrylonitrile; §1910.1047-Ethylene oxide; §1910.1048-Formaldehyde;
§1910.1050-Methylenedianiline; and §1910.1051-1,3-Butadiene.
In
regards to OSHA's forklift training rule, does a "qualified"
or "competent person" need to conduct the training and if
so, does the "qualified" person need to be a member of the
company?
With
respect to forklift training, OSHA has adopted a performance-oriented
approach to the qualifications of trainers and evaluators.
The trainer and evaluator must be a person or persons with
the requisite knowledge, training, and experience to conduct
the required training and evaluations. An employer could assign
a current employee, employ such instructors/evaluators, or
contract with an outside service to conduct the required training
and evaluation. Instructors/evaluators do not have to be a qualified
or competent person as the terms are defined in the construction
regulations.
Does
a company need to have a written plan for possible explosions,
flash floods, tornadoes, hurricanes, blizzards, bomb threats,
fires, chemical spills, or civil disturbances?
Yes and
no. All companies with 11 or more employees are required to
have a written emergency action plan according to 29 CFR §1910.38(a).
However, if a company has 10 or fewer employees, it has the
option to skip the written plan and simply tell its employees
its emergency action plan. All companies must have an emergency
action plan, just certain companies do not have to put it
in writing.
I
would like to develop a set of workplace violence policies
and procedures to give to the members of our company's Threat
Assessment Team. Can you tell me what should be included in
these policies and procedures?
First of all, congratulations for developing the policies
and procedures. There is much evidence to suggest that workplace
violence is largely preventable through the development and
implementation of specific policies and procedures. To be
effective, however, they must discourage all types of workplace
violence, and they must also encourage employees to come forward
in the event that they are victims of, or witnesses to, any
prohibited behavior.
At
a minimum, your company's workplace violence policies and
procedures should include the following:
A statement
that your company will not tolerate workplace violence of
any kind;
A description
of prohibited behaviors and actions;
Detailed
procedures for reporting and investigating alleged instances
of such behavior;
Measures
that will be taken to ensure confidentiality;
Reassurance
that retaliation for reporting an incident will not go unpunished;
Disciplinary
action that will be imposed for engaging in prohibited behavior,
as well as for retaliating against another employee;
Efforts
that will be made to communicate company policy; and
Methods
that will be used to monitor workplace security.
To be
effective, policies and procedures must be...
Appropriate
for the workplace;
Easily
understood by all employees;
Revised,
as necessary, to address changing conditions; and
How
long do I have to retain records for employee training?
There
is no one standard length of time to keep training records
for all OSHA regulations. Unlike employee exposure records
that must be retained for 30 years and medical records that
must be retained for the time of employment plus 30 years
(under 29 CFR §1910.1020), training record retention varies
from regulation to regulation. Here are some examples:
29
CFR §1910.1030 (Bloodborne pathogens) - requires retraining at
least annually and a written training record that must be
retained for 3 years.
29
CFR §1910.134 (Respiratory protection) - requires retraining at
least annually, but no specific written training record is
required. Written fit testing records must be retained until
the next test takes place.
29
CFR §1910.119 (Process safety management) - requires retraining
at least every 3 years and a written training record. No training
record retention time is specified.
29
CFR §1910.1200 (Hazard communication) - requires retraining as
new hazards are introduced, but no specific written training
record is required.
29
CFR §1910.132 (General requirements for personal protective
equipment) - requires retraining as necessary and a written training
certification. No training record retention time is specified.
29
CFR §1910.147 (Lockout/tagout) - requires retraining as necessary
and a written training certification. No training record retention
time is specified.
29
CFR §1910.146 (Permit-required confined spaces) - requires retraining
as necessary and a written training certification. No training
record retention time is specified. Cancelled entry permits
are required to be retained for 1 year.
29
CFR §1910.178 (Powered industrial trucks) - requires an operator
evaluation at least once every 3 years and a written training
and evaluation certification. No training or evaluation record
retention time is specified.
When
training records are required, it would be best to always
have them available. Consider keeping all training records
during the worker's full period of employment. Your company
may even set a policy to retain training records for a period
after employment has been terminated. When written training
records are not required, your company may still want to prepare
them as a way to help keep your safety training program organized.
We
buy solvents in 50-gallon containers. To use the chemicals,
employees fill individual 5-gallon containers from the large
container and use the smaller container of solvent at their
workstation. The large containers are already labeled. Must
the 5-gallon containers also be labeled?
If the
substance placed in the portable container is for immediate
use by the employee who transfers the substance, then the
portable container does not need to be labeled. Immediate
use would mean use during the employee's work shift. If, however,
some of the substance will be left for use the next day or
will be used by other employees either on the day of the transfer
or during future work shifts, then the 5 gallon container
must be labeled. See 29 CFR §1910.1200(f) for details.
Are
all office chemicals exempt from the Hazard Communication
Standard?
No.
They are not all exempt. The standard does not apply to non-hazardous chemicals. However, hazardous chemicals in the office
are exempt only if they fall under one of the exemptions found
under 29 CFR §1910.1200(b). For example, food, drugs, and cosmetics
brought into the workplace for employee consumption are exempt.
Therefore, rubbing alcohol in the first aid kit would not
be covered. Also consumer products are exempted when used
as you would at home. So correction fluid used to correct
occasional mistakes or computer screen cleaner used infrequently
would not be covered, but correction fluid or screen cleaner
used for several hours per day every day would be covered.
See the entire list of exemptions under 29 CFR §1910.1200(b).
What
facilities are subject to the hazardous chemical reporting
requirements in 40 CFR Part 370 (Hazardous Chemical Reporting:
Community Right-to-Know)?
The
requirements in 40 CFR Part 370 apply to any facility that
is required to prepare or have available a material safety
data sheet (MSDS) for a hazardous chemical under OSHA.
The
owner or operator of such a facility must submit an MSDS for
all hazardous chemicals present at the facility at any one
time in amounts equal to or greater than the minimum thresholds
listed in 40 CFR 370.20(b).
The
owner or operator of the facility must also submit an inventory
form covering all hazardous chemicals that are present at
their facility at any one time during the preceding calendar
year in amounts equal to or greater than their thresholds.
This Tier I inventory form must be submitted on or before
March 1 of each year.
