American Short Line and Regional Railroad Association (ASLRRA)
April 2016
OSHA Can Regulate the Railroads
How OSHA Regulates the Railroads
Summary of Regulations and Pending Regulatory activity
Planning for Success in Complying with OSHA Regulations
Topics to be CoveredOSHA CAN REGULATE THE RAILROADS
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How OSHA Regulates the Railroads
Occupational Safety and Health Administration, an
agency of the U.S. Department of Labor (DOL) responsible for improving worker safety and health protection.
Brief History of OSHAHOW OSHA REGULATES THE RAILROADS
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On December 29, President Nixon
signed the OSH Act
1971
This Act created OSHA, the agency,
which formally came into being on April 28
1970
The mission of OSHA is to assure safe and healthful working conditions in the workplace.
Some of the things OSHA does to carry out its mission are:
• Developing job safety and health standards; and
• Enforcing them through worksite inspections
OSHA’s MissionHOW OSHA REGULATES THE RAILROADS
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FRA regulates matters that relate to operational safety (i.e. safe movement of equipment over rails).
All other aspects will be enforced by the Department of Labor – OSHA, where the conditions are similar to those in any industry.
OSHA and FRA RelationshipHOW OSHA REGULATES THE RAILROADS
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07/16/2012
The Federal Railroad Administration, U.S. Department of Transportation
MEMORANDUM OF AGREEMENT
between
THE FEDERAL RAILROAD ADMINISTRATION
U.S. DEPARTMENT OF TRANSPORTATION
and
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
U.S. DEPARTMENT OF LABOR
Memorandum of AgreementHOW OSHA REGULATES THE RAILROADS
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Employers Responsibility
Employees RightsCitations and
Penalties
The Whistleblower Protection Programs
Why is this important to railroads?HOW OSHA REGULATES THE RAILROADS
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Citations and PenaltiesHOW OSHA REGULATES THE RAILROADS
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Violation TypePotential Penalty
( 80% increase by August 2016)
Other Than Serious Up to $7,000 per Day
Serious Up to $7,000 per Violation
Willful $ 5,000 - $70, 000 per violation
Repeat Up to $70,000 per Violation
Egregious Up to $70,000 per Violation
Failure to Abate Up to $7,000 per Day
Falsifying Records, Reports or Applications Up to $10,000 and 6 Months in Jail
Violating Posting Requirements Up to $7,000
Assaulting, Resisting, Intimidating, Interfering with Compliance Officer
Up to $5,000 and 3 Years in Jail
4,679 workers were killed on the
job in 2014
On average, almost 90 a week or more
than 13 deaths every day.
Fatal work injuries involving contractors
accounted for 17 percent of all fatal work injuries in
2014.
OSHA StatisticsHOW OSHA REGULATES THE RAILROADS
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OSHA Whistle Blower Act Cases 2005-2015
Recent Railroad Industry ActivityHOW OSHA REGULATES THE RAILROADS
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Year No of Cases
FY 2005FY 2006FY 2007FY 2008FY 2009 FY 2010 FY 2011 FY 2012FY 2013 FY2014FY2015
001
45145201340385353353276
Summary of Regulations and Pending Regulatory Activity
Summary of DOL – OSHA Laws and Regulations Affecting the Railroads
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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OSHA standards are:
• Rules that describe the methods employers must use to protect employees from hazards
• Designed to protect workers from a wide range of hazards
Where there are no specific standards, employers must comply with the General Duty Clause of the OSH Act.
Four Groups of OSHA Standards:1. General Industry*2. Construction3. Maritime4. Agriculture
*General Industry is the set that applies to the largest number of workers and worksites
Federal OSHA vs State OSHASUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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OSHA Standards-Railroad Industry and Pending Regulations
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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29 CFR 1910 – General Industry
29 CFR 1926 – Construction
OSHA Standards and Pending Regulatory ActionsSUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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Standard or Issues Potential Exposure Concern
Silica Dust Handling sand, ballast dumping and locomotive sand filling
Regulations Changes March 24, 2016.
Asbestos signal boxes, remodeling old buildings, piping, bridge work
Causes cancer, of the lungs and mesothelioma
Metal Fumes welding frogs, hardened steel in shops
Pending regulationsBeryllium
OSHA Standards and Pending Regulatory ActionsSUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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Standard or Issues Potential Exposure Concern
Lead In car/locomotives paint , in sanding, painting,
Lead poisoning
Noise and Hearing Conservation
Non-transportation (Shop, MOW) employees who are exposed to potential excessive noise.
Compliant programs -annual testing, monitoring protection, Training
Access to Medical Records
Any noise, chemical, metals exposure sampling
Employee right to know hazard of exposures
OSHA Standards and Pending Regulatory ActionsOSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Standard or Issues Potential Exposure Concern
1. Hazard Communication
Right of employees to know chemicals in the work place
Standard revised, all elements must be completed by June 2016
2. RespiratoryProtection
Protection from breathing harmful materials during various activities, welding, painting, handling chemicals, etc.
Potential harmful materials – exposure to silica, metal fumes, paint fumes
3. Bloodborne Pathogens
Protection of respondersto first aid and medical emergencies
Pending revisions
OSHA Standards and Pending Regulatory ActionsOSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Standard or Issues Potential Exposure Concern
4. Control Of Hazardous Energy (LOTO)
Shops, construction site Serious injury
5. Confined and Permitted Confined Spaces
Tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, tunnels, equipment housings, ductwork, pipelines,
Recent Changes for Construction Industry
6. Compressed Gases
Cylinders used by welders, in construction
Potential missiles, if handled and stored properly
OSHA Standards and Pending Regulatory ActionsOSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Standard or Issues Potential Exposure Concern
7. Fall Protection shop environments, but may affect other areas if there is a potential for a injury
,OSHA can apply General Duty Clause in other areas
8. Cranes Fixed and Mobile cranes in shop and construction sites
Construction standard recently revised; FRA Pending; Deadlines
9. Walking and Working Surfaces
Common cause of injury –uneven surfaces, ladders
Most cited Standard
2015 Top Ten Most Cited OSHA StandardsOSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Fall Protection6,721
C
Hazard Communication
5,192
Scaffolding4,295
C
Respiratory Protection 3,305
Electrical, Wiring Methods
2,404
Powered Industrial Trucks 2760
Ladders 2,483 C
Lockout/Tag-out2,0002
Electrical, General Requirements 1,973
Machine Guarding2,295
Planning for Success in Complying With OSHA
Regulation
Planning for SuccessPLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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01
02
03
Commit to Worker Protection as a business strategy.
Planning for success in complying with OSHA Standards requires a systematic approach to Health and Safety in the workplace.
Develop a Positive Safety Culture.
Complying with OSHA is Good Business:
Planning for SuccessPLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Safe and Healthy Workplace
Avoid Loss for Citations and Penalties
Avoid Business Interruptions
Planning for SuccessPLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Leadership Commitment
Hazard Identifications
Training of Employees
Systematic Approach to Health and Safety
Employee Participation
Continuous Improvement
ASLRRA Safety Institute:
The Safety Institute aims to enhance the safety culture of short line and regional railroads. The project includes several assessment activities, including a safety culture survey, safety-related document reviews, field observations, and safety culture interviews.
Develop a Positive Safety CulturePLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Develop a Positive Safety CulturePLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Leadership is Clearly Committed to Safety
Railroad Practices Continuous Learning
Decisions Demonstrate that Safety Is Prioritized
Over Competing Demands
Reporting Systems and Accountability Are Clearly
Defined
Employees Feel Personally Responsible for Safety
The Railroad Is Fair and Consistent in Responding
to Safety Concerns
There Is Open and Effective Communication Across the
Railroad
Mutual Trust Is Fostered between Employees and
the Railroad
ASLRRA Safety
Institute Program Elements
Training and Resources Are Available to Support Safety
There is a Safety Conscious Work Environment
Topics covered today…
SummaryOSHA CAN REGULATE THE RAILROADS
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Questions:OSHA CAN REGULATE THE RAILROADS
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Annie Richardson| Project Manager | USAAntea®Group
Direct: + 1 704 324 7043
USA Toll free: 1 800 477 7411 3530 Toringdon Way –
Suite 106 Charlotte, NC 28277
www.anteagroup.com
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