You can view the rule at HERE

One of the changes is the inclusion of an “Unclassified Hazards” category; a definition is provided below.  The U.S. Chemical Safety Board recently released a statement supporting the Unclassified Hazard category to allow for inclusion of combustible dust hazards on safety data sheets and labeling.

“Unclassified hazard” means a chemical for which there is scientific evidence identified during the classification process that it may pose an adverse physical or health effect when present in a workplace under normal conditions of use or in a foreseeable emergency, but the evidence does not currently meet the specified criteria for physical or health hazard classification in this section. This does not include adverse physical and health effects for which there is a hazard class addressed in this section.

It should also be noted that EPA began to make amendments in November of last year to regulations for the “Protection in the Workplace” (40 CFR 721.63) and “Hazard Communication Program” (40 CFR 721.72) components of the Significant New Uses of Chemical Substances regulations at 40 CFR 721 to align them with the GHS changes in the OSHA Hazard Communications Standard.

Want to stay informed? Emilcott publishes a timely email reminder, “EHS Regulatory Submissions”, 3x/year to keep our clients informed about upcoming deadlines. If you’d like to subscribe to that newsletter, just go to http://www.emilcott.com/subscribe.asp. If you need help with your Regulatory Submissions, contact Emilcott and ask for either an EHS or Hazardous Materials/Waste consultant.

At Emilcott, 2011 was a successful year where we were able to tackle new projects, serve our clients and continue to respond to current industry issues in the environmental, health and safety field. Though we have had many great memories from 2011, we would like to mention some of the things that stood out most in our business for 2011.

Hurricane Irene – the immense and powerful Atlantic hurricane that left a path of destruction and devastation was something that definitely stands out in 2011. We remember this event not only because of the wreckage caused by the storm, but also because of the after effects. The staff at Emilcott recognized the importance of addressing the legacy of water intrusion and the promise of mold after the storm and stressed to clients the importance of “timing” to address how to respond to this problem, as well as the importance of selecting the proper remediation technique along with an EHS mold expert and Emilcott’s mold remediation strategy. (Read more: Hurricane Irene Leaves a Legacy of Water Intrusion and the Promise of Mold)

Energy Sector – Emilcott has been thrilled to be able to participate in many different initiatives within the energy sector.  Regionally important to the growth of our economy, the ongoing infrastructure improvements have given us substantial health and safety support work. In EHSWire during 2011 we addressed many occupational hazards as Occupational Heat-related Illnesses where we went over the symptoms that workers may experience, as well as what should be done if someone does experience these symptoms. Besides dealing with working conditions such as heat, Emilcott also provided information on the truths about occupational slips, trips and falls which ended up costing American businesses $13.67 billion in workers compensation costs in 2008. Adhering to proper safety protocols and preventing injuries is something that benefits businesses and their workers. OSHA provides a Walking/Working Surfaces – Safety and Health Topic page which provides links to all the applicable standards.

With issues such as heat affecting the health of workers to preventing injuries on job sites, Emilcott has seen our fair share of mishaps. Being able to share our experiences and knowledge with others never gets old. From teaching someone the hazards about working near a crane, or things you should do when working in certain environments, Emilcott has always tried keeping people in the loop. We even have a 10-Hour Construction Industry Outreach Training Course based on the requirements established by OSHA which is a very hands-on and interactive class that we recommend to avoid a future work related issue. (Read more: Work Near a CRANE? Learn the Hazards!)

9/11 Tenth Anniversary – focused the changes that have occurred since 9/11/2001 such as the new precautions that have taken place on the American Chemical Security issue.   The DHS (the Department of Homeland Security) has been increasing their focus on utilities and chemical facilities which may become targets for terrorist activities and the DHS Chemical Facility Anti-Terrorism Standard (CFATS) now requires completing and submitting a Top Screen analysis to the DHS.

The James Zadroga Act, which was authorized to broaden, renew funding and extend benefits to Ground Zero workers whose death was a result of exposure, is of great significance and has put new emphasis on the importance of proper real-time environmental site monitoring. New technologies are available to protect site workers and the public from exposure to hazardous substances such as those from the collapse of the WTC towers. (Read more: 9/11 Tenth Anniversary Focuses on American Chemical Security)

Toxic Substance Control Act (TSCA) – was of major importance not only to Emilcott, but also to facilities who are manufacturers or importers of chemicals in amounts of 25,000 pounds or greater. With so many questions regarding TSCA and the changes, Emilcott decided to put on a free webinar along with posting a number of blogs that answered many of the concerns our clients had. Emilcott was able to use its expertise and help many clients with TSCA compliance questions and concerns regarding the developments of IUR reporting and reporting obligations in 2011 for the calendar year 2010. (Read more: August 2011 Update on the TSCA IUR-now-CDR Rule)

Though Emilcott has had many remarkable memories of 2011, we felt these 4 really left an impression on our business. Emilcott is privileged to know that we were able to assist our clients in many different businesses not only in 2011, but throughout our history. Emilcott looks forward to a productive 2012 and we are excited to see what this year has in store for us.

Do you have any environmental, health or safety concerns for 2012? If so, please share them with us below!

The CDC reports that each day more than 2,000 U.S. workers receive some form of medical treatment due to eye injuries sustained at work. More than 800,000 work-related eye injuries occur each year. Most of these injuries result from objects entering the eyes, but many are caused by chemicals. Wearing appropriate eye protection and working safely go a long way toward preventing these types of injuries. However, because nothing is 100%, OSHA requires certain areas in the workplace where chemicals are used or stored to be equipped with emergency eyewash stations and, in some cases, emergency drench showers. The OSHA Medical Services and First Aid Standard covering this area [29 CFR 1910.151 (c)] states:

“Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.”

If you are working with or storing corrosive materials your facility must have such installations.  Like a fire extinguisher on the wall, you hope you never need an emergency eyewash station, but you’d better be able to get to it and it had better work when there is a need. It’s important to know that chemical burns and damage start immediately upon contact. The sooner the rinsing starts, the less damage will occur.

The main function of rinse stations (portable or fixed) is first aid, and it is only step one. Immediate and appropriate medical treatment is the next step  – whether it is calling 911 or transporting the injured person to the nearest medical facility.  Someone from your facility, preferably a manager, should stay with the injured worker and have a copy of the MSDS and any incident information that could be helpful to the medical personnel.

Emilcott staff work at a variety of industrial, commercial, construction and other hazardous sites. For many facilities and jobs, an eyewash station is an essential part of the health and safety plan. As an EMT and CHMP, these are some of the questions I ask when assessing the suitability of flushing stations:

• Do area workers know where emergency eyewash and shower stations are located, AND how they operate?
• Are the stations accessible? Not blocked or obstructed?
• The route to all flushing stations must be clear and the locations boldly marked; could everyone get to a station when needed—FAST and possibly without looking?
• Has the equipment been inspected and tested monthly? Has this been documented?
• Is the system plumbed with fixed piping? Or is it a stored liquid type? The former must be flushed and the latter must have its water supply treated so that it remains stable. Both must be capable of delivering at least 15 minutes worth of flow.
• Is the water at a comfortable temperature?

While there are many products on the market, we recommend the Speakman Gravityflo® Portable Eyewash & Drench Station and use one as a training tool for students in our Hazardous Waste Operations / Emergency Response training courses.  An important component in an effective HazWOPER (and all H&S) training program is the hands-on experience so that students know what to expect in the field. Instead of a slide on an eyewash station, we roll our portable unit to the front of the class or outside for the field exercise, show them how to use it and why it is critical for the eyewash station to be close, ready, and working in the event of an emergency. If your  job function is near where chemicals are used or stored, you should know as much about your nearest eyewash station as our students do!

If you work at a site with corrosive materials present, how available are emergency flushing stations?  Can these stations be accessed within 10 seconds? Has anyone ever showed you how to use it…blindfolded?

If you have a giant stack of the best personal protective equipment (PPE), but don’t use it, or just as important, don’t use it properly, are you trying to become an OSHA statistic? Knowing how to protect yourself from occupational hazards is a critical part of your job.

A Real Life PPE Correction

A few years ago, I was taking my annual HazWOPER 8-Hour Refresher class and a fellow student shared his story about PPE.

Part of his job was to open and close valves that allowed aviation fuels to flow to pumps used to fill airplane fuel tanks. As most of these valves were in confined space vaults without proper ventilation, he was often exposed to fuel vapors. After complaining about the headaches and dizziness that he was experiencing, his employer had him fit tested for a respirator. However, even with the proper-fitting respirator, he still had the same symptoms of overexposure.

Why didn’t the respirator control the exposure?  As a health and safety professional, the answer was obvious to me! I asked him, “What type of cartridge are you using?”

His reply, “I am using what was given to me.” Two days later he called me to tell me that he had been given HEPA filters – the WRONG cartridge for his petroleum vapors.

Instead he should have been using organic vapor cartridges. Without correction, this COULD have been become a very dangerous problem – just because of the wrong cartridge in the right respirator.

Proper Protection: Where Do You Start?

A perfect place to start understanding how to protect yourself is to know what you are dealing with on the job.

1. What are the potential hazards? Is there more than one? Not sure? Ask questions! Make sure that you understand the hazards and risk before you are satisfied?
2. Are there chemicals? Read material safety data sheets (MSDS) which have standardized information required by OSHA. MSDSs for all chemicals at your worksite must be made available by your employer for your review.  So that you, the worker, can read about the chemical hazards’ AND methods of protection. It’s the law!
3. Review your job duties and PPE with your job site safety officer or a health and safety professional.

Proper Protection:  A Quiz

Q: If a person is working with an acid and they are wearing cloth gloves, who are they protecting?

A: Nobody!  The proper glove is a “chemical resistant” polymer for protection from acids (usually a neoprene or polyvinyl chloride (PVC) glove). Depending on the risk of splash, this worker may also need goggles, a face shield, and chemical resistant garments (apron, or partial or full body protection).

Q: If a worker is welding and only wearing a face shield designed for grinding, are they properly protected?

A: Absolutely not! The proper protection for a welder includes a welding shield equipped with filter lenses that have a shade number appropriate for the welding operation

Q: What happens when you wear a respirator that is not properly fitted?

A: You are potentially letting in the very substance you are SUPPOSED to be protecting yourself from! OSHA mandates that all required use respirators be tested for proper fit using “fit test” procedures detailed in the OSHA Respirator standard (1910.134).

The point is, there is the right PPE for the job…know what it is, and use it correctly!

Proper Protection:  Personal Responsibility

Today, information is at our fingertips on ALL subjects including PPE. Take the time to hunt around and find the information you need to properly protect yourself. There are all types of online courses and local resources including those provided by unions and insurance companies that welcome your questions and interest. Whether it’s the Internet or real, live health and safety professionals, ask questions to ensure that your PPE is right for you and the hazards you encounter.  If you find out that don’t have the proper PPE, don’t do the job or you’ll eventually become an OSHA statistic – or worse!

When providing guidance on the selection and use of PPE, it is critical for occupational safety and health experts to understand not only the technical issues surrounding the use of PPE as an exposure control method, but also the regulatory compliance burden placed on the employer.  I recognize that “just” complying with OSHA standards is not equivalent to meeting industry best practices, but is important to understand the what might be considered the ‘back-bone’ of PPE programs in the US.

In February, OSHA announced the publication of an update of “Enforcement Guidance for Personal Protective Equipment (PPE) in General Industry”.  This update establishes OSHA’s general enforcement and guidance policy for its Standards addressing PPE.  The PPE Standards had been revised by OSHA in 2007 and 2009.  These changes had not been reflected in the former enforcement Instruction.

The updated information provided to the OSHA Compliance Officers is helpful for all of us to review.  The revised OSHA Enforcement Guidance spotlights the following:

• Employer-provided (purchased) PPE requirements (Who, What, Which)
• Clarification of payment requirements for PPE worn off the jobsite, for PPE that must remain at the jobsite, and for employee-owned PPE.

Who: Employers must provide PPE to all affected employees with an established employer-employee relationship. These employees include short-term employees which may be referred to as temporary employees, piece workers, seasonal employees, hiring hall employees, labor pool employees, or transient employees.

What: Employers must pay for PPE that is required to comply with OSHA Standards, except in the limited cases specified in the Standards. Employers must provide, at no cost to employees,  the PPE that is necessary to protect against the hazards that the employer is aware of as a result of any hazard assessments required and specified in the OSHA standards.  An employer must provide, at no cost to employees, upgraded PPE that the employer chooses to use to meet OSHA PPE requirements.

Which: OSHA is updating the references in its regulations to recognize more recent editions of the applicable national consensus standards, and is deleting editions of the national consensus standards that PPE must meet if purchased before a specified date. In addition, OSHA is amending its provision that requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard.

So – what PPE must employers provide with no cost to their employees? And what PPE are employers not obligated by OSHA to purchase for use by the employees? It can be confusing!  The following is a list of examples and exceptions:

• those highlighted in GREEN are “must purchase” items
• those highlighted in red are “not required” to be purchased by the employer.

In most cases, the determining factor for “who pays for the PPE” is whether the PPE is required to comply with a specific standard.  The outcome of site-specific PPE hazard assessments will determine what PPE is required. (Some of the exceptions seemed counter-intuitive to me … what do you think?)

PPE that an Employer Must Purchase (when required to comply with a standard)

• Metatarsal foot protection
• Chemical resistant boots with steel toes
• Shoe covers – toe caps and metatarsal guards
• Non-prescription eye protection (safety glasses)
• Prescription eyewear inserts/lenses for full-facepiece respirators
• Prescription eyewear inserts/lenses for welding and diving helmets
• Goggles
• Face shields
• Laser safety goggles
• Firefighting PPE (helmet, gloves, boots, proximity suits, full gear)
• Hard hats
• Hearing protection
• Welding PPE
• Items used in medical/laboratory settings to protect from exposure to infectious agents (aprons, lab coats, goggles, disposable gloves, shoe covers)
• Non-specialty gloves for protection from dermatitis, severe cuts/abrasions.
  • Payment is not required if they are only for keeping clean or for cold weather (with no safety or health considerations)
• Chemical-resistant gloves/aprons/sleeves/clothing
• Encapsulating chemical protective suits
• Aluminized gloves
• Rubber insulating gloves
• Mesh cut-proof gloves, mesh or leather aprons
• Self Contained Breathing Apparatus, atmosphere-supplying respirators
• Air-purifying respirators
• Personal fall protection
• Ladder safety device belts
• Climbing ensembles used by linemen (for example, belts and climbing hooks)
• Window cleaners’ safety straps
• Personal Flotation Devices (life jackets)
• Reflective work vests or clothing
• Electric arc and flame-resistant garments

Some exceptions to the employer purchase requirement:

Non-specialty PPE – if the employer allows the employee to wear it off the job site

Footwear

• Safety toe protective footwear (leather/steel toe shoes/boots)
• Rubber boots with steel toes (specialty PPE)

Prescription Safety Eyewear

• Prescription safety eyewear (ordinary)
• Prescription eyewear inserts/lenses for welding and driving helmets (specialty PPE)

Metatarsal Shoes (shoes with integrated metatarsal protection)

Where the employer allows the use of and provides, at no cost to employees, metatarsal guards attachable to shoes when metatarsal protection is required by OSHA standards (BTW – have you ever tried to move and work when wearing these attachable guards? For me, these guards present tripping hazards!)

Employee Clothing

• Everyday attire (long-sleeved shirts, long pants, street shoes, and ordinary fabric or leather work gloves) even if worn to avoid workplace injury
• Ordinary clothing used solely for protection from weather (winter coats, jackets, gloves, and parkas that employees would normally have to protect themselves from the elements
• Special equipment or extraordinary clothing needed for protection from unusually severe weather conditions
• Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers

Replacement PPE

• Employee lost
• Employee intentionally damaged

Employee-owned PPE

• Compliant PPE owned by an employee who voluntarily requests to use own PPE
  • Upgrades of PPE at request of employee
  • Personalized PPE at request of employee
• Employer replacement PPE if the employee no longer volunteers his or her own PPE for workplace use.

PPE Not Required to Meet Standards

• Dust masks and respirators used under the voluntary use provisions
• Items worn for product or consumer safety (not employee safety and health) hairnets worn solely to protect food products from contamination; plastic or rubber gloves worn solely to prevent food contamination during meal preparation
• Items worn to keep employees clean for purposes unrelated to safety or health (denim coveralls, aprons)
• Items worn for patient safety and health (not employee safety and health)

What PPE do you think employers should purchase, not only for compliance with OSHA standards, but for good employee relations?

It makes sense, if you are injured in the head at work – you weren’t wearing a hard hat!

In 1980, Bureau of Labor Statistics (BLS) conducted a survey that indicated that about 80% of the workers sustaining traumatic head injuries each year do not wear head protection. Most of those injured were performing their normal jobs at their regular worksites with 70% indicating that they had had no instruction concerning hard hats. With this information, OSHA started the process to revise the PPE (personal protective equipment) standards and in 1994, the current version of the OSHA PPE standards was published.

So let’s move through time to the present – 30 years after the BLS survey… in 2010 OSHA handed out over $ 1.2 million in proposed penalties for about 2,000 head protection violations (29 CFR 1926.100 and 29 CFR 1910.135 ).  Most of these violations were for workers failing to wear hard hats when required.

When are hard hats required to be worn?

The Simple Answer:  If you are working where ANYTHING MIGHT fall, drop, fly, splash, or land on your head OR your head could come into contact with ANYTHING that MIGHT injure you, like moving equipment, chemicals or electricity, you need to be correctly wearing a properly fitting, ANSI-approved hardhat.

All hard hats should have an ANSI certification label on the inside of the hard hat’s shell. This label will clearly identify what type and class standards it was designed to meet. If this label is missing or cannot be read it should be replaced. Hard hats are classified according to the specific impact and electrical performance requirements they meet.  The details are specified in ANSI Z89.1-2009, American National Standard for Personal Protection—Protective Headwear for Industrial Workers.

Wearing them correctly means in accordance with the manufacturer’s recommendations. Not backwards (unless specifically so designed) and no hats underneath (except a proper hardhat liner).  A hard hat works by the shell deflecting the blow and absorbing shock and distributing the force of the impact over the suspension system. Wear it backwards or wearing hats (especially baseball caps) or carrying something inside is a really bad idea as it can adversely affect the way it works. Any stickers on the hat must be removable so the hard hat can be inspected and no paint is allowed.

If you are an employer you must determine if and when hard hats are required, provide the correct type and enforce their use.

All hard hats don’t protect our heads from all hazards!

How do you choose the right hard hat?  Do you need protection from just impact or do you also need protection from electrical hazards as well?

Impact Protection

Type I Hard Hats

Type I hard hats are intended to reduce the force of impact resulting for a blow to the top of the head only.

Type II Hard Hats

Type II hard hats are intended to protect from the force of an impact resulting from a blow which may be received off center or to the top of the head. A Type II hard hat is usually lined with thick high density foam and fitted with a chinstrap.

Electrical Hazard Protection

Class G (General)

Class G hard hats are intended to reduce the danger of contact exposure to low voltage conductors. Test samples are proof tested at 2200 volts (phase to ground).

Class E (Electrical)

Class E hard hats are intended to reduce the danger of exposure to high voltage conductors. Test samples are proof-tested at 20,000 volts (phase to ground).

Class C (Conductive)

Class C hard hats are not intended to provide protection against contact with electrical conductors.

How long should you use your favorite hard hat?

Nothing lasts forever and that’s true of hard hats.  Most hard hats need to be tossed after 5 years from the date of manufacture; read the package insert and check the date stamped inside. Using it beyond that time is not only a violation of the standard, but a risk as well. And, if a hard hat protects you from injury, replace it. It did its job and there is no way to tell how it will stand up the next time. For often less than $20, it’s not worth chancing it.

As health and safety officers, Emilcott employees see lots of hard hat violations and have our share of grim stories.  Do you have a hard hat story to tell?  How about one with a happy ending?

Reference

Bureau of Labor Statistics (BLS). ‘‘Accidents Involving Head Injuries.’’ Report 605,

Washington, D.C.: BLS, 1980

Lee Scott Bishop, CIH, MPH

Have you ever driven by a crew constructing a new house or installing a new roof?  Have you noticed a guardrail system in place to keep workers from falling when working on the upper levels?  Or have you seen a personal fall arrest systemsthat will lock and hold a falling worker like a seatbelt in your car?  Most likely you have not seen either of these fall protection systems in place for residential projects!

Nearly one residential construction worker dies each workday as a result of falls.  OSHA believes that no job is worth a life.  Dr. David Michaels, Assistant Secretary of Labor for OSHA has said “Fatalities from falls are the number one cause of workplace deaths in construction.”  “We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths.”

For workers employed by a mid-sized contracting group or a small crew engaged in house painting or outside repairs, OSHA has published a new directive which mandates the use of fall protection for all residential construction workers at heights of 6 feet off of the ground. The Occupational Safety and Health Administration’s (OSHA) Fall Protection Policy for Residential Construction went into effect on June 16, 2011. Employers engaged in residential construction are required to follow the provisions of 29CFR1926.501(b)(13) which states:

“Residential construction.” Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502.

Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.

This is not a new Standard.  Previous to 6/16/11, the existing policy directive (which was never intended to be a permanent solution) allowed residential construction employers to follow alternative fall protection methods instead of using conventional fall protection, like safety nets, personal fall arrest or guardrail systems.  OSHA INSTRUCTION DIRECTIVE NUMBER STD 03-11-002, Compliance Guidance for Residential Construction has replaced that policy.  The Agency is also reviewing all letters of interpretation that referenced the cancelled directive.  This new directive neither creates new legal obligations nor alters existing obligations created by OSHA standards or the Occupational Safety and Health Act.  The new policy directive merely implements the Standard as originally intended.

While sharing the procedures and equipment available to employers and in use in the industry, OSHA itemizes other forms of protection against falls such as

• 1926.501(b)(2)(ii) – Controlled access zones and control lines – leading edge applications.
• 1926.501(b)(4)(i) and (ii) - Covers – falling through holes.
• 1926.501(b)(5) - Positioning devices – face of formwork or reinforcing steel.
• 1926.501(b)(7)(i) and (ii) – Barricades, fences and covers – falling into excavations.
• 1926.501(b)(8)(i) - Equipment guards – falling into dangerous equipment.
• 1926.501(b)(10) - Warning line system and safety monitoring system – roofing work on low-slope (4:12 or less) roofs.  Or, on roofs 50-feet (15.25 m) or less in width, the use of a safety monitoring system without a warning line system is permitted.

The Directive/Standard requires training of workers, by the employer, so they can recognize potential hazard areas and are familiar to the resources they can implement to protect themselves from those hazards.  Trained workers receive certification which must be updated when the tools used change.  There is an option for the employer to find this Standard “not feasible”.  However, this avenue requires a written Fall Prevention Plan which is site specific, approved by a “qualified person”, kept up-to-date, and kept on the premises where the work is being conducted, and addresses all of the requirements found in section K of the standard.

OSHA further allows fall protection elements not covered in the “501” Standard such as Scaffolds, Ladders, and Aerial lifts which can be found covered in 29 CFR 1926.453.

Information for this blog was obtained from http://www.osha.gov/doc/residential_fall_prevention.ppt.  This presentation is an excellent resource for identifying acceptable fall protection options.  Pictures portray each type of protection as well as Bakers and Perry scaffolds; wall bracket, or top plate, scaffold system; Pump-jack Scaffold; and other options such as Extensible Boom Aerial Lifts.

So, if you are a residential contractor who needs fall protection, what’s the next step for you?  First, be aware that if you ignore the OSHA compliance laws, you are still accountable (ignorance is no excuse!).    OSHA has developed a dedicated and easy-to-understandOSHA Construction webpage with  a variety of comprehensive residential fall protection compliance assistance and guidance materials at www.osha.gov/doc/residential_fall_protection.html.  For more information and research

• For Fall Protection Standards for States with OSHA-approved State Plans, please visit http://www.osha.gov/dcsp/osp/statestandards.html. 
• If you have further questions OSHA can be scheduled for On-site Consultation by accessing http://www.osha.gov/dcsp/smallbusiness/consult.html.
• To submit an information inquiry by Electronic Mail Form, follow the directions at http://www.osha.gov/ecor_form.html.
• To contact OSHA by Phone, dial 1-800-321-OSHA (6742) Toll Free in the U.S.
• Finally, you can write to OSHA at:

U.S. Department of Labor
Occupational Safety & Health Administration
Directorate of Construction – Room N-3468
200 Constitution Avenue
Washington, D.C. 20210

Overwhelmed?  It may be time to ask for help.  As a Health and Safety consulting firm, Emilcott has worked with many small companies and understand that the time (and expense) required to grasp and implement industry-specific health and safety policies can be prohibitive. Even if the desire to be in compliance is in place, the resources may not be!  Our Small Business Health and Safety compliance plan was developed to fill this need. For our local clients, we do a walk-thru of their site and develop a comprehensive checklist of health and safety compliance issues that need to be resolved – in an order dictated by urgency.  Our role is guidance and hand-holding and the goal is lawful worker protection – it protects the owners too! If you need help with understanding, developing and implementing an occupational health and safety plan that includes fall protection for your workers, a local EHS consulting firm can lead you to compliance while understanding the needs of your business.  Start by looking in online listings provided by the American Industrial Hygiene Association (AIHA) or the Environmental Yellow Pages – Safety Consultants.  Safety consultants that you contact should be experienced and independently certified; see our EHSWire post “EHSWire Expert Witness Guide – just the facts” for more information on the qualifications for the distinct EHS Certifications.

Are you a residential contractor? If so, are you OSHA-compliant – under the new standards? If yes, what benefits have you seen? If not, why not?

By John Defillippo, CHMP

Do you have hazardous chemicals in your workplace? If you think the answer is no, are you sure?

OSHA defines a hazardous chemical as one that presents either a physical or a health hazard. Many common and readily available products such as paints, cleaners, and other materials found in the workplace meet this definition. In fact, last year OSHA issued over 6,300 violations to companies that failed to comply with this standard. As we noted in a previous blog, non-compliance with the Hazard Communication standard was the third-largest source of OSHA violations in 2009 and 2010!

If you are an employer, you have a legal obligation to provide a workplace that is free of recognized hazards and to communicate any hazards present to those in the workplace.  In 1985, OSHA established the Hazard Communication Standard (1910.1200) to ensure, in part, that all workers have the “right-to-know” about the hazardous chemicals in their workplace.

Essentially, employees have a Right-to-Know about any hazardous substances that they may come into contact with at work and how to protect themselves from adverse affects. Employees, for their part, have a responsibility to follow directions and work safely by using products for their intended purpose and in accordance with the manufacturer’s instructions to reduce risk and chance of exposure. This is where the Hazard Communication Standard “kicks in”, as all workplace information about hazardous substances needs to be in a Written Hazard Communication Program.  This “HazCom” program must contain

• A list of all hazardous chemicals in the workplace and a Material Safety Data Sheets (MSDS) for each chemical (or product) on that list
• All employees must have access to that list and the MSDS’s during their work shift
• Methods to communicate hazards of these chemicals to employees, on-site contractors and visitors such as signs and labels
• Records showing that all employees have been properly trained to understand the hazards, read the MSDSs and understand labeling and signs.

In addition to the federal OSHA requirements for labeling, the State of New Jersey has specific labeling requirements for all vessels, piping and containers that contain hazardous chemicals.

So, do you have hazardous chemicals in your workplace? Are you rethinking your answer?

If you have products that arrive with an MSDS, and you have not implemented a written HazCom Program, you’ll need to get a program in place to be OSHA compliant. If you have been following the standard, consider the following:

• Are you keeping up with its requirements?
• When was the last time your HazCom Program was reviewed?
• Is your hazardous chemical list and MSDS collection up-to-date?
• Do you know what OSHA considers “Hazardous”?
• Is every hazardous chemical container labeled properly – even the transfer containers?
• Are ALL your employees trained about the workings of your HazCom program and the hazards of each chemical in their workplace?

Now do you know the answer? Or, do you have more questions?

If you are confused or intimidated, don’t worry.  A great resource is the Institute of Hazardous Materials Managers which certifies individuals as Hazardous Materials Managers (CHMM) and Hazardous Materials Practitioners (CHMP). These trained professionals must demonstrate various levels of knowledge, expertise, and excellence in the management of hazardous materials. And, there are EHS (Environmental, Health and Safety) experts like Emilcott everywhere – their job is to help companies stay in compliance with state and federal regulations while protecting employees. No matter what resource you find, just ask if they are experienced in developing Hazardous Communication programs. Not only will workers stay health and safety, you’ll see added benefits like prevention of property damage, reduced insurance claims and costs, and, of course, your company will not be cited for OSHA’s third most-common violation!

Have you found any chemicals in your workplace that you didn’t know are hazardous? Does your “right-to-know” increase your job comfort level or concern you? And, have you carefully reviewed the company HazCom plan so that you understand “what to do if…”?

Paula Kaufmann, CIH

As an occupational and safety professional, I’ve noticed that the Occupational Safety and Health Administration (OSHA) has been busy over the last few weeks!  The following is a summary of highlights of interest to Emilcott clients.  Did any of these catch your attention?

Highlight #1: Up-to-Date OSHA Standards

Announcement of a final rule to help keep OSHA standards up-to-date and better enable employers to comply with their regulatory obligation. The concept should allow OSHA to easily remove outdated requirements, streamline and simplify standards without reducing employee protection. The rule is to be published soon in the Federal Register:  OSHA Standards Improvement Project-Phase III final rule.

Benefit to employers:  OSHA estimates that the final rule will result in annual cost savings to employers exceeding $43 million. Now that’s an improvement to cheer about!

In the news release, OSHA stated that there will not be any NEW requirements set by this rule, so employers will be able to comply with it immediately. (However, it seems that there will be modifications…Emilcott will be keeping a lookout for those and post an update below or as a new EHSWire post.)  Here are some examples listed in the news release on this rule:

• Respiratory Protection
  • Aligning air cylinder testing requirements for self-contained breathing apparatuses with U.S. Department of Transportation regulations
  • Clarifying that the provisions of Appendix D, which contains information for employees using respirators when not required under the standard, are mandatory if the employee chooses to use a respirator.
• Sanitation
  • Defining “potable water” to meet the current Environmental Protection Agency
• Access to Exposure and Medical Records
  • Deleting a number of requirements for employers to transmit exposure and medical records to NIOSH
• Slings
  • Requiring that employers use only slings marked with manufacturers’ loading information

Highlight #2: OSHA Injury and Illness Logs – Musculoskeletal Disorders (“MSD”)

Reopening the public record on proposed record-keeping rule to add work-related musculoskeletal disorders column.  This keeps popping up!

• In January of  2010, OSHA proposed to revise its Occupational Injury and Illness Recording and Reporting Requirements regulation to restore a column to the OSHA 300 log that employers would have to check if an incident they already have recorded under existing rules is an MSD.  
• On January 25, 2011, OSHA withdrew this proposed revision.
• On May 17, 2011, OSHA reopens the public record on a proposed rule.

Highlight #3: A Survey of Private Sector Employees

Launch of a targeted employer survey to collect information that would improve the development of future rules, compliance assistance and outreach efforts.

• The survey will be sent to private sector employers of all sizes and across all industries under OSHA’s jurisdiction. Questions include whether respondents already have a safety management system, whether they perform annual inspections, who manages safety at their establishments and what kinds of hazards they encounter at their facilities. Participation in the survey is voluntary.

Highlight #4: Fall Protection for Residential Construction Workers

Online presentation about fall protection specifically designed for residential construction workers. (This is really great as residential construction crews frequently overlook safety – just look at all the roofers walking around the top of your neighborhood homes!)

• The presentation describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques involve the use of conventional fall protection systems including safety nets, guardrails, and personal fall arrest systems such as body harnesses, lanyards and lifelines.
• The presentation is among a series of guidance materials on OSHA’s Residential Fall Protection Web page.

On a personal note, my son is currently volunteering as a roofer on a Habitat for Humanity home construction site … he informs me that he is wearing fall protection and the roof has anchor points! 

So, can you tell that Emilcott is pretty excited about these changes? Instead of putting the onus on employers to become more aware of OSHA, OSHA is streamlining existing rules to match other government agencies (radical!), listening to employers before leaping into new regulations, and looking at alternative messaging techniques to market segments that frequently fall in the cracks.

If you’re interested in what’s happening at OSHA, just take a look at the loooooong list of May press releases…Are there any highlights that you think important to you or American businesses? Any predictions for June?