It’s the phone call every safety, plant or human resource manager dreads: “There’s someone from OSHA here waiting for you in the lobby.”

Regulatory action isn’t the sole reason we work every day on our safety programs, but it does create an instance where the “rubber meets the road” so to speak. Being able to see your facility through the eyes of a regulatory inspector enables you to recognize potential issues and implement corrective actions to provide a safer workplace. It also helps you quickly and painlessly handle an inspection without having to open the checkbook.

So how can you look at your site through the eyes of an OSHA inspector?

One technique is to utilize the data OSHA provides to the general public. On an annual basis, OSHA releases the list of regulations most frequently cited during on-site facility inspections the previous calendar year. It is a valuable exercise to review the most common violations, how they apply to your facility, and if there is anything you need to do to reduce your organizational risk.

For FY2018, OSHA has provided the following list:

In the chart above, we have highlighted those items that pertain to general industry. We’ll focus on these 5 key standards that affect the general industry environment and possibly your facility. Knowing and understanding the requirements related to these items and what an inspector will be looking for will help you prepare for an OSHA inspection and get that inspector out the door faster.

Hazard Communication Standard, General Industry (29 CFR 1910.1200)

Year after year, the hazard communication standard occupies the top general industry spot on this list. Why? Because issues related to hazard communication are easy to spot. Here are some key requirements under the hazard communication standard:

• A Site-specific Written Program – No general corporate-speak allowed! Your written program must be specific, not just to your overall organization, but to your site location. Your program must:
  • Outline your chemical labeling system.
  • Outline a procedure for identifying hazards and training employees to conduct non-routine tasks.
  • Outline Safety Data Sheet (SDS) locations, access, and a maintenance/update schedule.
  • Contain a complete chemical inventory list as well as identify the related hazards from those chemicals.
  • Have a developed and followed site-specific training process.
• Documented Training –Training for hazard communication is required for an employee initially upon hire, when a new hazard or chemical is introduced, and periodically thereafter.
• Compliant Labeling – As outlined above, compliant labeling is required for all containers. As part of the 2012 update to this standard, OSHA implemented the Globally Harmonized System for labeling that includes the following requirements:
  • Product Identifier
  • Signal Word (Warning or Dangerous)
  • Pictogram
  • Hazard Statement
  • Precautionary Statement
• Access to compliant Safety Data Sheets (SDS) – All employees must be able to access an SDS at any time without having to ask for permission.

Respiratory Protection (29 CFR 1910.134)

Inhalation is the most common and “easiest” route of entry into the body for potentially hazardous materials. Oftentimes employees will unknowingly bring in respirators from home or other sites that are missing key aspects required under the respiratory protection standard. Air quality concerns are also one of the most common complaints from employees that can lead to an OSHA inspection.

The mandatory use of respirators requires a site-specific respiratory protection program that incorporates the following aspects:

• Medical Evaluations – Required for mandatory usage or for voluntary use of tight-fitting respirators at the initial assignment and periodically thereafter, based on physician or other licensed health care professional (PLHCP) recommendations, or if medical status or workplace conditions change.
• Maintenance and Care – Must be kept in a closed container, maintained in good condition and kept clean.
• Fit Testing Procedures – Required to be conducted annually.
• Emergency Use – Required to be inspected monthly.
• Cartridge Change Out Policy – How often respirator cartridges must be changed must be established by the employer. The process can be a bit challenging and is based on a variety of factors including but not limited to work rate, chemical presence amount, temperature, and humidity.

If voluntary respirators are used, Appendix D of the 1910.134 standard must be provided prior to use and a signed copy for each participating employee must be available. Documented industrial hygiene monitoring is required to show the ability to allow for voluntary use.

Control of Hazardous Energy (lockout/tagout) (29 CFR 1910.147)

The control of hazardous energy, commonly referred to as lockout/tagout, is a necessary and lifesaving component of maintenance, servicing, cleaning, and setting up equipment. If your livelihood (your hands) are going to be in a piece of equipment, you must be protected. Here are some key elements of a compliant lockout/tagout program:

• Site-Specific Written Program – Include procedures, equipment, and a breakdown of authorized and affected level employees.
• Documented Machine-Specific Procedures – For all types of equipment.
• Periodic Inspections – Required on an annual basis for all authorized employees and each similar pieces of equipment they service.
• Employee Training at Two Levels:
  • Authorized Level Employees – Initially upon hire, whenever changes are introduced, and periodically thereafter.
  • Awareness Level Employees – Initially upon hire, whenever changes are introduced, and periodically thereafter.

Facilities should ensure authorized employees are fluent in lockout/tagout and have adequate equipment and materials to complete lockout/tagout properly each and every time it is required.

Powered Industrial Trucks (29 CFR 1910.178)

Powered Industrial Trucks (PIT), or lift equipment, are vital cogs for any facility. They also weigh at least double a standard car and are to only be operated by trained employees. Failure to completely and properly train PIT operators is the most notable issue with PIT violations. A proper operator certification includes the following elements:

• Formal instruction including a written and graded examination.
• A practical (hands-on) training on the site and lift equipment specifics.
• A performance evaluation where the employee demonstrates their skill and understanding of the safe driving techniques learned through the training process.

This training regimen is to be completed before an operator is permitted to drive a PIT. Any operator involved in an accident, near miss, or observed driving unsafely shall be retrained. If new equipment or new hazards are introduced, an operator’s training should be extended. Refresher training is required every three years and the requirements focus on the performance evaluation.

PIT inspections must be performed for each piece of lift equipment at the start of every shift. For those facilities utilizing fuel burning lift equipment, such as liquefied petroleum/propane, an evaluation of carbon monoxide levels is required.

Machinery and machine guarding, general requirements, (29 CFR 1910.212)

Machine guarding is a complex and involved topic that is unique for every individual piece of equipment. But one thing is certain – no machine should ever be operated with its guard removed. When evaluating your site, start with common equipment such as the following:

• Grinding wheels
• Mills
• Lathes
• Power Presses
• Shears
• Power saws
• Portable tools such as angle grinders

Often this equipment will come with guards already installed or available and should be utilized according to manufacturer’s specifications. Certain specific equipment, such as woodworking tools and mechanical power presses, have specific OSHA standard requirements. The American National Standards Institute (ANSI) also creates machine-specific guidance on items like shears and presses. All equipment must have guarding of moving parts in accessible areas below 7 feet as well as for the point of operation – the location where the work is being done. This work includes activities such as cutting, shaping, boring, grinding or forming areas. Finally, any equipment designed for a fixed location must be anchored (bolted to the floor) to prevent walking or moving.

Surviving an OSHA Inspection Unscathed

When looking at the big heavy book of OSHA regulations, the idea of surviving an OSHA inspection unscathed can seem impossible. However, by starting with what is most commonly found, an impossible task doesn’t feel so daunting. By attacking the most common citations first, we can take an important step in providing a safer and more compliant workplace.

If you need additional assistance with attending to OSHA’s common violations, contact U.S. Compliance. We provide safety, health and environmental services to hundreds of facilities in the manufacturing and general industry sector across the country and can help you inspect your facilities as well as develop programs and procedures in the areas reviewed.

History

The Toxics Release Inventory (TRI) is a publicly available database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities. This inventory was established under a federal law called the Emergency Planning and Community Right to Know Act of 1986 (EPCRA) and was expanded by the Pollution Prevention Act of 1990. It requires facilities in certain industries which manufacture, process, or use significant amounts of toxic chemicals, to report annually on their releases of these chemicals. The reports contain information about the types and amounts of toxic chemicals that are released each year to the air, water, land, and by underground injection, as well as information on the quantities of toxic chemicals sent to other facilities for further waste management.

Facilities with 10 or more full-time employees that process more than 25,000 pounds in aggregate, or use greater than 10,000 pounds of any one TRI chemical, are required to report releases annually. The US EPA maintains this information in the TRI.

Facilities that meet requirements must report toxic chemical release and waste management information to the Environmental Protection Agency (EPA) and the State by July 1st. The data from the reports is a resource for learning about toxic chemical releases and pollution prevention activities reported by industrial and federal facilities. TRI data supports informed decision-making by communities, government agencies, companies, and others.

Reporting Criteria

Facilities that meet all the criteria below are required to submit an annual TRI report;

• The facility has 10 or more full-time employee equivalents or a total of 20,000 hours or greater; and
• The facility has a covered primary North American Industry Classification System (NAICS) code (there are some NAICS codes that are exempt to reporting, TRI covered industries are listed on the EPA website); and
• The facility manufactures or processes more than 25,000 lbs. or otherwise uses more than 10,000 lbs. of any EPCRA 313 chemical in one year or exceeds established lower thresholds for Persistent, Bioaccumulative or Toxic (PBT) chemicals in one year.

To determine if chemicals at your facility are manufactured, processed or otherwise used, the following definitions should help;

1. Manufacture – to produce a 313 chemical intentionally or coincidentally. Importing a chemical (or ingredient within a chemical) also falls under this category.
2. Process – any incorporative activity or change of form or physical state (e.g., blending, mixing and repackaging).
3. Otherwise used – non-incorporative chemical usages such as cleaning agents and solvents.

Designated EPCRA 313 chemicals and chemical categories are subject to the reporting requirements of TRI. There are approximately 650 chemicals and 30 chemical categories that are subject to this regulation.

TRI reporting requires facilities to use GHS compliant safety data sheets (SDSs) or metal certifications to identify individual constituents of chemical mixtures and/or metal alloys. Each chemical is then summed from all sources to determine if reporting thresholds have been met.  Once a reporting threshold is met for a chemical, the facility is then responsible for disclosing how much of the chemical was “released” from the facility, meaning emitted to the air, recycled, landfilled, washed down the drain, sent to stormwater, or was treated offsite.

Pitfall – Solvent Compounds

Often overlooked areas of the TRI report include the use of cleaning chemicals, degreasers, clean in place (CIP) units and accounting for volatile organic chemicals present in common solvent-based paints that are emitted to the air and are not part of the final product entering commerce. These are some of the processes that constitute the “otherwise use” category and have a more stringent threshold of 10,000 lbs.

Pitfall – Water Treatment Byproducts

Another overlooked area lies within the water treatment process. Specifically, pH balancing of industrial wastewater. When acids are used, particularly nitric acid, there are compounds created during the process of pH balancing that must be accounted for. This category of chemicals is referred to as nitrate compounds. Therefore, a facility could report nitric acid usage but could also have to report the amount of nitrate compounds created during the pH neutralization process.

Pitfall – Metal Fabrication

The metal fabrication industry has a particularly difficult responsibility due to the many different processes that metal alloys (and all the reportable compounds within the alloys) can undergo in the production of a consumer product. Although alloys are not reportable, many of the compounds within them are (including Copper, Manganese, Zinc, Chromium, Molybdenum).  Facilities must account for welding rod use, time spent grinding on rough edges not to mention the weight of metal going through each individual process. Accounting for all releases of metal elements including how much material is sent to landfill or was recycled takes careful consideration and time to retrieve the proper data.

Pitfall – Glycol Ethers

Other opportunities in determining applicability under the TRI report, arises in the general understanding of the glycol ether family of chemicals. There have been many instances where glycol ethers and ethylene glycol are reported as the same compound, which they are not. The TRI outlines very specific glycol ethers that are reportable and has a general ‘compound’ category for materials that are not specifically called out. In these situations, the use of CAS numbers and the understanding of the general chemical categories is paramount to reporting properly and accurately.

Summary

Once the facility’s chemical information has been assessed, all usage and release data is entered into the EPA’s Central Data Exchange allowing the information to be shared, not only with Federal and State regulatory agencies, but also with the general public. For this reason, it is critical that companies carefully evaluate the assessment process and data retrieval for reportable compounds.

Failure to maintain current inventories, accurately monitor waste streams or understand processes and chemicals can lead to inaccurate reporting, leaving the facility vulnerable to regulatory enforcement. Administrative penalties range from $10,000 to $75,000 per violation, or per day per violation if facilities fail to comply with the reporting requirements.

The process can be lengthy and ample time should be taken to prepare, assess, and complete the necessary reports.

Our EPCRA department supports TRI reports for several industries, we recognize that many variations of processes exist and are available as a resource to our client base to answer questions and complete the filings.

In colder weather, the dangers of Carbon monoxide exposure increase as windows and overhead doors remain closed and air circulation becomes stagnant.  Although we are entering the warmer months, we are seeing an increase in OSHA inspections and additional attention being put towards Carbon monoxide. 

Regular and proper maintenance of CO generating equipment goes a long way in greatly reducing CO related injuries and illnesses.  Examples of CO generating equipment include:  propane/fuel operated powered industrial lift trucks, furnaces, gas fired oven, trucks, vehicles, mobile generators and other gas fired equipment.  If your facility has this type of equipment and it is operated indoors then you should be monitoring your CO levels and making sure you work environment maintains safe air quality.

Carbon monoxide, an odorless, colorless, and tasteless toxic gas, can cause illness and even death to those exposed to its fumes.  Carbon monoxide (CO) is created by the incomplete burning of carbon-containing materials such as natural gas, coal, wood, and petroleum. Exposure to CO prevents blood from carrying oxygen to organs, causing both minor health risks (headaches, nausea, rapid breathing, dizziness) and major health concerns (coronary artery damage, neurological complications, brain dysfunction, death). Low levels of CO exposure over long periods of time as well as high levels of exposure over short periods of time can lead to negative health effects.

Occupational Dangers of CO Exposure

Those working in occupations with higher carbon monoxide exposure risks are more likely to experience CO poisoning. Occupations in which employees are regularly exposed to exhaust pipes, gasoline, charcoal, or high levels of auto traffic are among those most at risk to high carbon monoxide exposure. Sources of CO can include generators, space heaters, compressors, power washers, and welding equipment. Employees at warehouses and steel production plants, as well as those working as welders, forklift operators, mechanics, and diesel engine operators are also at risk of high exposure levels. Employees working at higher risk worksites or with high CO risk equipment should follow deliberate safety protocols in order to reduce the harmful effects of carbon monoxide.

Individuals who smoke cigarettes intake higher levels of carbon monoxide than is deemed safe by OSHA and the Centers for Disease Control and Prevention (CDC). The combination of carbon monoxide exposure at home or through cigarette smoking combined with workplace exposures can lead to a diminished quality of life and a higher risk of chronic CO poisoning.

Carbon Monoxide Exposure Prevention

Identification of carbon monoxide poisoning can prove challenging, as its symptoms mimic those related to various conditions. Symptoms may be overlooked or seem to disappear when, in fact, medical attention is necessary. It is important to be aware of worksite exposures and to take proper safety precautions in order to avoid greater levels of risk to CO. Measuring carbon monoxide levels regularly is necessary in workplace environments with greater risks of this harmful gas.

OSHA outlines multiple recommendations to employers for the reduction and prevention of carbon monoxide poisoning at worksites. Review OSHA’s comprehensive guide for best practices to carbon monoxide prevention for a more detailed account on reducing CO exposures.

• Install an effective ventilation system.
• Maintain the good working order of CO-producing equipment and appliances.
• Prohibit the use of gasoline-powered engines or tools in poorly ventilated areas.
• Provide personal carbon monoxide monitors with audible alarms if potential exposure to CO exists.
• Test air regularly in areas where carbon monoxide may be present.
• Test for oxygen sufficiency before entering areas with suspected CO exposure.
• Educate workers about the sources and conditions that may result in CO poisoning, as well as the symptoms of carbon monoxide exposure.

If you suspect that someone has carbon monoxide poisoning, move them to an open area with fresh airflow before calling for emergency medical assistance. Administer oxygen if they are breathing, or CPR if they have stopped breathing. For more information regarding carbon monoxide prevention review the CDC Prevention Guidelines or Standard Occupational Exposure Criteria.

Questions about you or your employee’s risk for CO exposure? U.S. Compliance EHS professionals can help. Contact me at rgaines@uscompliance.com to learn more.

At U.S. Compliance we hold three values close to the heart of our business. When we created “Compliance as a Service” (CaaS) it was a revolutionary model to offer OSHA and EPA compliance consulting services perfectly designed for growing industrial companies. We created the revolutionary CaaS model because it’s good for our clients, thanks to the elite team members who deliver it. U.S. Compliance is the inventor of CaaS and the only firm built to deliver it.

U.S. Compliance Values

Caring for our clients and our employees.

Protecting an environment that provides both physical and financial well-being.

Fueling growth for our customers, team members and company.

By offering comprehensive, customized EHS compliance services, we not only help you attain but sustain EHS compliance. We help you care for your people, protect your environment and grow your company. Thank you for naming us the best kept secret. We look forward to helping you care, protect and grow alongside U.S. Compliance.

Saturday, March 2nd is the deadline to electronically report your OSHA Form 300A data for injuries and illnesses reported in the 2018 calendar year. Specified establishments are required to submit this electronic information.

Establishments, not the firm as a whole, with 250 or more employees are no longer required to electronically submit their OSHA Form 300A. Only a small number of establishments are required to electronically submit their Form 300A data electronically to OSHA. If your establishment meets any of the following criteria an electronic submission is NOT required.

• Peak employment in 2018 was 19 or fewer
• Establishment’s industry is on this list
• Peak employment between 20 and 249 employees in 2018 AND establishment’s industry is NOT on this list

All establishments, regardless of size or industry, must post their OSHA Form 300A on site at each workplace (from February 1 through April 30). OSHA Forms 300, 300A, and 301 records must be kept for five years and readily produced for OSHA inspections. You can read the OSHA ruling on electronic submission requirements in its entirety through the Federal Register.

If you are required to submit the OSHA Form 300A, submissions can be made through the Injury Tracking Application. If you need further clarification on whether or not your establishment must electronically submit the OSHA Form 300A review the OSHA FAQs on Reporting or call U.S. Compliance for more information.