All About OSHA

Marianne McGee

Compliance Assistance Specialist

Corpus Christi Area Office

What is OSHA?

• Occupational Safety and Health Administration

• An agency within the U.S Department of Labor

• Created in 1970 to address the problem of

occupational injury and illnesses

What is OSHA’s mission?

• To ensure that every worker

has a safe and healthful

workplace free from

recognized hazards

Why is OSHA necessary?

• Approximately 12 people die in the workplace

everyday.

• 3.3 million employees will suffer serious

occupational injuries or illnesses every year.

Who is Covered under OSHA?

• Employees of an employer who is employed in a

business in the US or territory.

• Federal employees

Who is not Covered under OSHA?

• Self employed individuals

• Partners is equal partnership

• Those covered by other federal regulations.

i.e., railroad workers and atomic energy

workers

• Public employees in state and local

governments

• Farm families

Definition of Farm Families?

• 1975.4(b)(2)

– Members of the immediate family of the farm

employer are not regarded as employees for

the purposes of this definition.

The Real World

• OSHA has less than 2500 inspectors for

approximately 7 million workplaces.

• That’s 2800 sites per inspector.

• An average of 50 inspections per year….

• It would take 56 years to do all worksites.

OSHA Inspection Priorities

• Imminent danger conditions

• Fatality and Catastrophe

• Complaints and referrals

• Programmed inspections– Emphasis Programs

Emphasis Programs

• National Emphasis

– Trenching/excavation

– Refineries and Chemical plants

• Regional Emphasis

– Oil and Gas drilling

– Grain handling

• Local Emphasis

– Ship breaking

Grain Handling REP - SIC (NAICS)

• 4221 (NAICS 493130) – establishments primarily engaged in warehousing of farm products– Grain elevators, storage only

– Farm products warehousing

• 5153 (NAISC 424510) - establishments primarily engaged in buying and/or marketing grain. Country grain elevators buying or receiving grain from farmers– Grain elevators, except storage only

Why Focus on Grain Handling?

• Nationwide Jan. 2000 – Oct. 2009– 89 Fatalities

– 40 Engulfments

– 32 Falls

– 7 Explosions

• Texas Jan. 2000 – Dec. 2010– 9 Fatalities

– 4 Engulfment (3 CCAO)

– 4 Moving equipment – auger, belt/pulley (1 CCAO)

– 1 Fall from ladder (CCAO)

Site Selection Process

• Obtain location of all worksites within the

area office jurisdiction (within the emphasis

NAICS code)

• Apply objective/neutral selection criteria to

the list of worksites

• Assign inspections from the list

Must later evaluate effectiveness of emphasis programs

OSHA Inspection Scope

• Comprehensive (wall to wall)

– Programmed

• Limited Scope

– Fatality, complaint, referral

What are an employer’s responsibilities?

• Post at a prominent location within the

workplace, the OSHA poster informing

employees of their rights and responsibilities

• Maintain OSHA- required records of work-

related injuries and illnesses. OSHA 300 log

• Report within 8 hours any accident that

results in a fatality or catastrophe

What are an employer’s responsibilities?

• Provide a workplace free from recognized

hazards

• Be familiar with OSHA standards

• Comply with OSHA rules and regulations

• Provide employee access to the OSHA 300

log and medical and exposure records

• Evaluate workplace conditions

• Minimize or eliminate potential hazards

Reporting Requirements

• Within 8 hours of a work-related fatality or

accident resulting in the hospitalization of

three or more employees the employer shall

orally report the incident to the Area Office or

1-800-321-OSHA.

The OSHA 300 Log

• Employers exempt from maintaining the OSHA 300 Log include*:– Those with 10 or fewer employees

– Those in low-hazard industries

– Retail trade

– Finance, Insurance, Real Estate Services

– (Sic 52-89)

• *Unless the Bureau of Labor Statistics (BLS) or OSHA notifies them they have been selected to participate in a mandatory data collection

Maintaining the OSHA 300 Log

• Occupational injuries and illnesses resulting

in a fatality, lost work, restricted work, or

medical treatment must be recorded on the

OSHA 300 log.

What happens when OSHA arrives at your

door?

• Compliance Officer will present his/her credentials

• An opening conference will be conducted covering the purpose and scope of the visit, walk around procedures, employee representation, employee interviews, and the closing conference.

Then What ?

• After the opening conference, the compliance officer reviews records then with accompanying representatives proceeds through the establishment, inspecting work areas for potentially hazardous working conditions.

• The compliance officer will conduct private employee interviews.

Then?

• After the inspection walkaround, the compliance officer holds a closing conference discussing:

– Unsafe or unhealthful conditions observed and all apparent violations for which citations may be recommended

– Right to an informal conference within 15 working days of receiving citations

Then?

– Employee protection against discrimination under

11(c) of the OSH Act

– Abatement documentation

– Right to contest

What is Compliance Assistance?

• NON - enforcement responsibilities

– Partnerships

– Alliances

– Outreach

– Voluntary Protection Program

– Other non-enforcement duties as assigned

• Emergency response

What can the Compliance Assistance

Specialist (CAS) do for you?

• Provide guidance on OSHA regulations

(without the fear of “calling OSHA”)

• Present information to groups or associations

to assist employers in complying with OSHA

regulations

• Direct you to available resources

Where do I find the CAS?

• www.osha.gov

OSHA and State Plan Offices

What are some of the Grain

Handling Hazards?

• Flammable/combustible dust explosions

• Engulfment

• Electrocution

• Falls

• Auger entanglement

• Struck by

OSHA Website

www.osha.gov

Free fact sheets,

guidance documents,

pocket guides and

hundreds of other

publications.

Industry and hazard

specific information.

OSHA FACT SHEET

•Worker Entry into Grain Storage Bins•Engulfment and suffocation hazards

•Where employees must enter storage bins,

employers must:

•De-energize equipment

•Prohibit walking down grain

•Prohibit entry onto or below bridging

•Provide body harness and lifeline

•Provide rescue equipment and observer

•Test air prior to entry

•Issue entry permit

http://www.osha.gov/Publications/grainstorageFACTSHEET.pdf

OSHA 3103 - Grain Handling

• 1910.272

– Hot work

– Entry into bins, silos, tanks, other storage structures

– Inside Bucket Elevator Legs

– Preventive Maintenance

– Housekeeping

– Emergency Action Plan

– Training and Education

Small Business Resources

• Web pages

• Handbook

• Consultation

• Tailored programs

http://www.osha.gov/SLTC/grainhandling/index.html

OSHA

Questions???

Disclaimer

• This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov