User:BD2412/Vaccine law resources/Mandates/OSHA

OSHA

Mod 1.

Fatality/Catastrophe Reporting

Only fatalities that appear to be work related.

Covers many fields, incl. religious workers for secular purposes.

Can't propose fines for federal agencies.

Excludes miners, some truckers, atomic energy workers.

Regulations, inspections, reports, materials.

Approves state job safety plans; some plans cover limited pools of employees (state employees only in CT and NY)

Notice of rights/duties must be posted in workplace.

Right to safe workplace, raise concerns, be informed of hazards, seek OSHA inspection, participate in inspection; file complaint, see citations, get copies of records.

Employer obligations to provide safe workplace, notify OSHA of workplace death within 8 hours or work-related hospitalization, display poster, post citations near alleged violation

Safe workplace

Hazards removed

Workers trained

Protection provided

Exit routes, evacuation plans, noise level controls and hearing tests

Bloodborne pathogens

Hazardous chemicals

Containers must be labeled, data sheets available, list hazardous chemicals in area, inform other employers (e.g. contractors)

GHS (Globally Harmonized System of labelling chemicals)

Includes symbols and pictograms indicating hazards

SDS (safety data sheet)

Product identifier on label

Other ID

Recommended use

Manufacturer contact info

4 First aid measures, grouped by route of exposure

5 Firefighting measures

6 Accidental release methods

7 Handling and storage

8 Permissible exposure limits, engineering controls

9 Physical/chemical properties

10 Stability/reactivity, conditions to avoid, incompatible materials

11 Toxicological information; symptoms from exposure (long and short term)

12 Ecological info (non-mandatory)

13 Disposal considerations (non-mandatory)

14 Transport info (non-mandatory)

15 Regulatory info (non-mandatory)

16 Other information, should include date of preparation

ANSI SDS (Z400.1)

Manufacturer must provide to customers.

Rights

Right to Info

Employers with more than 10 workers must keep a log of injuries/illnesses

Must indicate lost workdays, restricted work/transfers, incident requiring more than first aid treatment

Employees may review current log, logs for past 5 years, annual summary

Right to complain

29 CR 1977.9(c): employees can complain without retaliation; 11(c) of OSH Act also prohibits retaliation.

Right to training relevant to workplace

Right to exposure/medical records

Employers must measure exposure levels, employees can observe

Right to refuse unsafe work

30 days to report retaliation

Worker responsibilities

Employees must follow safety/health rules, wear protective gear

Recordkeeping

Part 1904 form requirements

OSHA 300 Log (work-related injuries/illnesses)

OSHA Form 301 (specific injury/illness report); can subst. Worker's Comp. form.

OSHA Form 300A - summary of events for the year; must be posted.

Log must note name (or [Privacy case]); job title, place injury occurred; specific kind of injury.

Log needs to identify business, city, state, log year.

Nondiscrimination against workers who exercise rights

Firing, laying off, demoting

Must report discrimination within 30 days

Others

Post citations

Provide/pay for PPE

Maintain PPE quality

Employees should take care of their PPE

Employee who loses/intentionally damages PPE may be required to replace it.

Responsibilities

Employers must maintain a safe working environment.

Conditions/practices to protect workers.

Know and comply with standards; ensure workers have appropriate PPE.

General Duty Clause

General training requirement

Safety/health aspects of job.

Use of chemicals that will be used on the job.

Electric/Hazardous materials each require their own training; HazMat = 24 hour initial training, 8 hour annual refresher.

New training whenever a new hazard is introduced.

PPE

Determine if needed, if so what kind.

Train employees who must use PPE (1910.132(f)).

Recordkeeping

Reporting system must be established

Provide logs on request, post annual summary, report fatality within 8 hrs, hospitalization within 24 hrs.

Low-hazard industries (e.g., an accountant's office) are exempt from recordkeeping, but must still report.

Part 1904 form requirements

OSHA 300 Log (work-related injuries/illnesses)

OSHA Form 301 (specific injury/illness report); can subst. Worker's Comp. form.

OSHA Form 300A - summary of events for the year; must be posted.

Log must note name (or [Privacy case]); job title, place injury occurred; specific kind of injury.

Log needs to identify business, city, state, log year.

OSHA Standards

Four categories:

• General industry
• Construction
• Maritime
• Agriculture

Standards for specific hazards (infectious diseases; toxic substances; electrical, fall, machine, fire, explosion, atmosphere)

Everything else falls under OSHA 5(a)(1), the General Duty Clause.

OSHA standards are in Title 29.

Inspections

Priorities

1. Immanent danger - reasonable certainty danger exists; inspection within one day

2. Fatality/Catastrophe - inspection following an incident

3. Complaints/Referrals - complaint is from worker/rep; referral is from agency

Follow-ups/monitoring following previous issues

4. Programmed

Stages

Presenting credentials

Employer can require OSHA to get a warrant

Opening conference

Separate conferences if employee/rep objects

Why is OSHA inspecting? What are they looking for? Get info on company. Is the company exempt from inspection?

Checks records

Workers may designate a rep (or may already have one)

If no worker rep, reasonable number of workers must be questioned

Walkaround

Review the site, check for noise levels, etc.

Interview workers in private (or with a union rep)

Closing conference

Again can be separate if workers object (in which case worker conference will be first)

Observations will be discussed

Citations/penalties

After inspecting worksite, inspector will write a report proposing citations/penalties

Penalty types

Willful (intentionally and knowingly, or wanton indifference), up to 75,000 penalty

Serious violation - up to $7,000 per violation

Other-than serious violation - relationship to safety, but not immediate threat of harm

Repeat violations

Failure to abate, 7k

Falsifying info, fine of up to 10k or 6 months in jail

Posting violations

Appeals

Workers may disagree with/appeal citation

May request informal conference

Can contest abatement time (with evidence), but can not contest citations/penalties

Employer can contest abatement date if abatement can not be done in time allotted.

Sources for help

Regulations (Standards - 29 CFR)

Regulations (Standards - 29 CFR) 1910

Safety Administration Pre & Post Test

• Supervisors, coworkers, worker reps
• Labels and warning signs
  • Label on a hazardous piece of machinery is not enough if the machine can be better secured
  • Signs must be bilingual if other-language speakers on site
  • Employee orientation manuals and training materials
  • Written job/task instructions for specific machinery procedures
• OSHA website
  • Factsheets
  • QuickCards (small laminated cards)
  • Publications link on home page, with, e.g. factsheets
• NIOSH website (National Institute for Occupational Safety and Health)
  • OSHA sister agency
  • Health Hazard Evaluations, if workers get sick from unknown or unregulated cause; worker with signatures of two other workers can request inspection
• OTIEC (OSHA Training Institute Education Centers)
• COSH (National Council for Occupational Safety and Health) groups

Options to file OSHA complaint

• Form on website, mail, fax, or online
• Phone or visit local regional or area office
• OSHA must have reasonable grounds to act
• Basic questions:
  • Worker/coworkers have injuries/health complaints?
  • Who has them, when did they arise, where in the workplace, what is causing them?
  • Description of hazardous conditions is most important
  • [Do not reveal my name] box

Walking and working surfaces

15% of all accidental deaths are due to trips, slips, and falls.

• Wet spots/spills
• Floor openings/holes
• Ladders (must be securely held open)
• Obstructions

Surface = "Any surface on which an employee walks or works in order to perform their duties".

Hazard = "A situation in the workplace where accidents or injuries such as slips, trips, or falls may occur".

• Highly polished surfaces
• Transitions
• Wet/greasy spots
• Uneven/damaged floors
• Holes
• Obstructions

Slips = insufficient friction/traction

Spills on surface

Changes in traction

Loose coverings

Trips = foot strikes unexpected object

Clutter

Uneven surfaces

Unfamiliar paths

Obstructed views

Falls = loss of center of balance

Same level

Lower level

Injuries commonly include sprains, strains, bruises/contusions/abrasions, fractures, often to extremities, joints, hips, back, and head

Prevention:

Clear out obstructions

Clean spills

Fix broken lights

Be alert

PPE

Contributing factors include age, fatigue, inattentiveness (cell phone), poor eyesight, and improper footwear

NIOSH top ten hazards

1. • Contaminants on the Floor
2. • Indoor Walking Surface Irregularities
3. • Outdoor Walking Surface Irregularities
4. • Weather Conditions: Rain, Ice and Snow
5. • Inadequate Lighting
6. • Stairs and Handrails
7. • Stepstools and Ladders
8. • Tripping Hazards: Clutter, Loose Cords, etc.
9. • Improper Use of Floor Mats and Runners
10. • Poor Drainage: Pipes and Drains

So, clean up spills/clutter, use floor mats properly, make sure drainage is aligned to prevent spills. Proper footwear.

Employer responsibilities

Written housekeeping program

Clean, dry floors

Warning signs

Inspect frequently

Ice/snow removal plans

Mats/footwear where appropriate

Weather alerts

Adequate lighting

Stairs/handrails

Visual cues of elevation; slip-resistant treads; clean, free of snow

Handrails where less than four steps, 34-38", 12" beyond step, on both sides

Training

Appropriate footwear, level surfaces, ensure ladder is fully open, three points of contact

Right equipment to bundle cords

Guard floor openings, wall openings over 4 feet high

Insure integrity of scaffolding, keep workers off during ice/snow

Exit Routes, Emergency Action Plans, Fire Prevention

Definitions

Major types

Self-protection

Employer obligations

Exit route:

Must be unobstructed

Doors must be unlocked

Fire extinguished is only for small fires

Exit must have clearly visible sign

Exit route= "continuous, unobstructed path from a point in a building to a point of safety"

Typically 2 per workplace; can vary by size of building, number of employees, floorplan

Hazards

1. Not clearly marked
2. Locked, barricaded, or blocked door
3. Exits only on one side of building
4. Not enough (insufficient routes for number of people)
5. Doors not side hinged
6. Doors must be 7.5" tall, 28" wide
7. Absence of fire-resistant materials along the way
8. Lockable doors
9. Discharge does not lead directly outside
10. Not permanent

Three parts:

Access

Exit - portion that leads out of the building

Discharge

Fire hazard = "anything that could easily catch fire or start a fire"

Employers must train about safety, hazards, what to do

Employees must observe fire safety requirements

Exit routes

Lack of an alarm

Exit routes that go through hazardous areas

Temporary routes

Blockages (either permanent or temporary)

Locked doors; doors must always be able to open from inside.

Must be easy to identify, well it, permanent

have an "EXIT" sign

at least six inches high

brightly colored

reliably lit

Must be enough exit routes; up to employer to determine

"must support the maximum permitted occupant load for each floor served"

Can have only one if that one will always allow everyone to evacuate safely

Keep explosive and highly flammable materials away from exit

Fire resistant materials

Up to three floors = 1-hour fire-resistance rating

More than three floors = 2-hour fire-resistance rating

Flammable/Combustible Materials

Workplaces storing such materials must have adequate fire control

At least one fire extinguisher outside the door where stored

For storage of category 1, 2, or 3 liquids, fire extinguished 10-25 feet from area

Must be a way to dispose of leakage quickly

Exit route must not require people to walk towards combustible or poisonous materials

Store hazardous materials away from ignition sources/hot surfaces/sparks

Electricity is a fire hazard

Damaged/worn cords

Faulty wiring

Poorly grounded

Use ground fault interrupters

Exposed receptacle boxes are non-conductive

Plugs and receptacles prevent energization until insertion complete

Label fuse boxes

Train workers on these

Employees must follow instructions, keep enough space around them, ground anything used near water

Take damaged receptacles and equipment out of service

Dry hands before working with electronics

Self-protection from exit route/fire hazards

Know the emergency action plan

Recognize and report issues (know who to report to)

Recognize emergency quickly and respond quickly; employees with duties should be ready to perform them

Employee should know

responsibilities

what to do if you see something

how to evacuate

is path unobstructed

who to communicate with

proper precautions around flammable materials

how to use a fire extinguisher

Emergency Action Plan

In writing, kept in workplace, available for employees to review (if fewer than 10 employees can be oral)

contains procedures, map of escape route, actions to be taken

covers fires, explosion, toxic chemicals, hurricane, tornado, blizzard, flood

Employee action

Take immediate action

Call 9-1-1, internal emergency number, fire alarm, alert other employees

Some employees are only responsible for evacuating the building

Others have specific responsibilities

Calling 9-1-1

Notification/evacuation/assisting the disabled

Rescue/medical duties; shut off machinery; counting heads

Know the map, should be posted in the workplace

Conditions, chain of command, specific procedures, incl. for disabled, non-English speakers

Emergency response coordinator (and backup) should be designated

Directs emergency activities

Order evac, contact emergency services

Point of contact for info

Designates head-counter

OSHA standards

Med assist for injuries

Designated person to communicate with emergency services

Communicate with employees after emergency is over

Alternately let employees know where to go

Flammable liquids

Label "Flammable – Keep Fire Away"

No more than 25 gallons in a building unless in safety cabinets

Transfer requires proper device (closed piping, safety cans, device drawing through top; approved self-closing valve)

Fire Detection System

Correctly installed

Routine testing/maintenance/cleaning

On at all times

Able to alert everyone to be alerted

Supervised system

Repaired or replaced by someone qualified

Fire extinguishers

For small fires/temp control

Must be mounted in identified and accessible locations

Within 75 feet of employees

Maintained, fully charged, working right

Where they are supposed to be unless in use

Employees trained in their use

Type must be approved by a testing lab

Employer responsibilities

Effective emergency action plan (in writing if more than 10 employees)

Emergency prep

Employers can be held responsible for worker deaths due to failure to meet standards

Exit routes must be protected by self-closing fire doors

Emergency Action Plan

(c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum:

(1) Procedures for reporting a fire or other emergency;

(2) Procedures for emergency evacuation, including type of evacuation and exit route assignments;

(3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;

(4) Procedures to account for all employees after evacuation;

(5) Procedures to be followed by employees performing rescue or medical duties; and

(6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.

Fire Prevention Plan

1910.39(c) Minimum elements of a fire prevention plan. A fire prevention plan must include:

(1) A list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard;

(2) Procedures to control accumulations of flammable and combustible waste materials;

(3) Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials;

(4) The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and

(5) The name or job title of employees responsible for the control of fuel source hazards.

Electrical hazards

Outlets

Lamps (leave dead bulb in until replaced)

Power cord

Water (carries electrical currents)

Identify by type, learn to avoid, know employer obligations

Dangers = burns, electrocution, shock, arc flash/blast, fire, explosion

Most common injury = burns; three types

Electrical, from flow of current

Arc/flash, from arc or explosion

Thermal contact with hot equipment

Electrocution = death (4k injuries per year, 7% of occupational fatalities, 4th leading cause)

Shut off power, make sure lines are not live

Release stored energy; follow "lock-out/tag-out procedures"

Prep shutdown

Shutdown

Isolate

Locks and tags

Control

Verify

OSHA adopted National Fire Protection Assoc. standards for electricity for all post 3/15/72 equipment

Shock = body becomes part of the circuit

Arc flash = release of electrical energy in the air

Fire = mostly faulty outlets/wiring

Power lines

10 feet plus 4 inches per 10k volts over 50k

All equipment operating at over 50 volts must be guarded

Covers, dead fronts

Strength of current = volts/resistance, which yields milliamps (used to gauge danger/damage)

• e.g., 120 milliamps causes extreme pain, possibly death

Protecting yourself

Safe distance from power lines

Ground-fault circuit interrupter

Receptacle fits in the outlet

Portable built into extension cord

Circuit breaker, on main circuit board (test monthly)

GFCI testing - after installation, once per month, after power outage, and per mfg/employer instructions

Must be used for any 120V, single phase, 15- and 20+ambere temp outlets used in construction

Inspect tools/cords

Appropriate used of energized tools/equipment

Proper guarding

Lock-out/tag-out

• WAC 296-307-36815(2): All pull boxes, junction boxes, and fittings must have covers approved for the purpose. All metal covers must be grounded. In completed installations each outlet box must have a cover, faceplate, or fixture canopy. A cover of an outlet box with holes through which a flexible cord pendant passes must have bushings designed for the purpose or have a smooth, well-rounded surface for the cord to run on.

• AEGCP (assured equipment-grounding conductor program) = written procedure requiring periodic testing of all equipment-grounding conductors of cords/plugs used by employees. Test records must be maintained and a competent person designated to enforce.

• Qualified Persons shall at a minimum be trained and familiar with the following:

1. Skills and knowledge necessary to distinguish exposed live parts from other parts of electric equipment;

2. Skills and techniques necessary to determine nominal voltage of exposed parts; and,

3. The clearance distances specified in 1910.333(C) and the corresponding voltages to which the qualified person will be exposed.

First Aid training for a sufficient number of employees to deal with potential emergencies

HazMat

Hazard Communication = identifying hazardous chemicals in the workplace

OSHA HCS

Manufacturers/importers are required to evaluate products and document hazards

Bloodborne pathogens

Risks

Improper disposal of regulated waste

Contact with blood or bodily fluids

Gloves should be worn

Never wash/decontaminate/reuse disposable gloves

Contaminated garments should be removed in a way that voids contact

What are bloodborne pathogens

Pathogenic microorganisms that are present in human blood

Hep A (1.8%)

Hep B (6-30% risk from needlestick/cut)

HIV (0.3%; 0.1 from exposure to eye/nose/mouth)

No case of HIV from blood on intact skin

Case study:

Absence of training

lack of specific procedures

failure to update program with changing tech

failure to train workers exposed to Traysol (stabalizing chemical for shipping blood samples)

Hep B

Hep B virus (HBV)

Acute or chronic illness

Infants = 90% chance of infection (adults only 2-6%)

Can lead to cirrhosis or liver cancer

Hep C

Hep C virus (HCV)

Chronic for 70-85% of infected

Long term health problems/death

No vaccine

HIV

AIDS; affects immune system, makes sufferer vulnerable to infection/illness

No vaccine, no cure

Vulnerable workers include healthcare, housekeeping

Occupational exposure = "Reasonably anticipated skin, eye, mucous membrane"

Universal precautions

Treat all blood/potentially infectious material as if protected

Always wear PPE

Engineering controls

Limit employee exposure

Disposable containers for sharps

Self-resheathing

Safety features

Work practice controls

Facilities to wash hands immediately

Wash hands after removing gloves

Dispose of used instruments in puncture-resistant leak-proof containers

PPE

Gloves, gowns, lab coats, eye protection, face masks/shields

Exposure incident

Wash (soap and water)

Irrigate eyes (water/saline)

Flush splashes to noes/mouth/skin

Report

Get treatment

Employer responsibilities

Vaccine, records, training

Hep B vaccination

Three doses over six month period, given by licensed professional/lab, made available w/in 10 days of assignment

Not needed for employees who already have antibodies/have contraindication

Employees who decline must sign declination form; must still be able to get vaccine if they change their mind

Records must be kept separate from other employee records

Name/SS#

Vaccination status

Results of exams/testing/follow-up

Healthcare professional opinion

Records must be kept for 30 years after employment ends

Exposure incident report

As early as possible; employer must evaluate circumstances

Sharps injury log to evaluate devices being used; must be evaluated annually

Kept for five years, no employee names

Training, at time of assignment, annually, and when changes occur

Training records must be kept for three years

Controls

Engineering controls - must be evaluated annually

Work practice controls - way tasks are performed

Exposure control plan

Identify jobs/tasks

Outline protection used

Procedure to evaluate exposure

Note how employer will provide Hep B vaccinations