The agency has released its Top 10 Violations for fiscal year 2011*.  The Deputy Director for OSHA’s Directorate of Environmental Programs, Patrick Kapust, provided the new list at the National Safety Council’s Annual Congress.  The list includes a mix of general industry and construction standards:

(1)    Fall Protection in Construction (1926.501): 7,139 violations; the Bureau of Labor Statistics (BLS) says 260 workers died in fiscal year 2010 due to violations of this standard.

2012 Safety Expo-related Fall Protection Sessions:
Cal/OSHA Fall Protection, John Ford Cal/OSHA
Introduction to Fall Protection, Andy Bull, CH Bull Company
Fall Rescue, Kent Freeman, Western Safety Institute
Fatalities in Construction Due to Falls, David Harrington and Cierpich, Cal.Dept Public Health

(2) Scaffolding in Construction (1926.451): 7,069 violations; BLS says in FY 2010, 37 workers died because of incidents involving faulty scaffolding.

2012 Safety Expo-related Scaffolding Sessions:
Frame Type Scaffolding Competent Person, David Johnson, Skyline Scaffold
Commercial Scaffold Safety & Hazard Awareness, David Johnson, Skyline Scaffold, and Expo Safety Advisory Council.

(3) Hazard Communication (1910.1200): 6,538 violations; Kapust says in one fatal incident involving hazard communication, an employee lit a lighter to see the level of material inside a barrel, and the substance ignited. Proper labeling should have indicated how full the barrel was and that the material inside was combustible.

2012 Safety Expo-related Hazard Communication Session:
What You Wanted to Know About Hazard Communication, Marty Tamayo, Cal/OSHA

(4) Respiratory protection (1910.134): 3,944 violations; five million workers in the U.S. are covered under this standard and are required to wear respirators at their jobs.

2012 Safety Expo-related Respiratory session:
To Be Announced

(5) Lock-out/Tag-out (1910.147): 3,639 violations; the average days away from work for employees injured in incidents connected to this standard is 24.

2012 Safety Expo-related Lock-out/Tag-out Session:
Lock-out/Tag-out, Tim Thrift, TNT Consulting

(6) Electrical Wiring Methods (1910.305); 3,584 violations; employees affected by this standard range from engineers, electricians, and other professionals who work with electricity directly, to office workers and administrative staff who use any type of electrical equipment.

(7) Powered Industrial Trucks (1910.178); 3,432 violations; BLS says in FY 2010, there were 8,410 injuries connected to use of powered industrial trucks, such as forklifts.

2012 Safety Expo-related Powered Industrial Trucks sessions:Warehouse Forklift Training Class 4 & 5 and 7, Aerial Boom and Scissor Lift, Ken Howarth, Sunbelt Rentals

(8) Ladders in construction (1926.1053): 3,244 violations; falls are consistently one of the top three causes of worker fatalities.

2012 Safety Expo-related Ladder Safety Sessions:
Introduction to Ladder Safety, Andy Bull, CH Bull Company
New Ladder Regulations, Jennifer Martin, State Fund

(9) Electrical General Requirements (1910.303): 2,863 violations; this standard seeks to prevent injuries and deaths from electric shock, fires and explosions.

2012 Safety Expo-related Electrical Safety Session:
NFPA 701 – 2012 Standard for Electrical Safety in the Work Place, Tom Burke, Schetter Electric, and Expo Safety Advisory Council member.

(10) Machine Guarding (1910.212): 2,748 violations; this standard also covers anchoring of equipment.

2012 Safety Expo-related Machine Guarding session:
Machine Guarding—You Didn’t Really Remove that Did You? – Rich Heberlein, R&L and Associates.

For information on additional sessions, dates, times and registration (registration is available on January 17, 2012), please click the following link:  http://www.regonline.com/eventinfo.asp?EventId=994822 

*This list covers the period from October 1, 2010 to September 30, 2011.

For compliance assistance on these standards, you can go to OSHA’s Safety and Health Topics pages.

http://www.cal-osha.com/Cal-OSHA-Serious-Cites-Easier-To-Give-Says-Chief-Council.aspx

“Cal/OSHA regulations (California Occupational Safety and Health or DOSH), enforcement policies, and appeals board decisions are challenging California employers as never before to remain profitable while meeting the demands of regulations that are often conflicting, confusing, harsh, and counter-productive.”

“Citations, if not challenged and allowed to become final, will affect an employer’s ability to continue doing business in several ways. The first and most obvious hindrance is the effect that penalties – starting at a standard $18,000 for a serious accident-related violation – have on profitability. Another citation for the same or a similar violation within three years can cause the second or third violation to be classified as Repeat, with the standard penalties multiplied by a factor of two or three. Where Cal/OSHA believes that the citation should be classified as Willful, the standard penalty will be multiplied by a factor of five.”  Source: Walter & Prince LLP. http://www.walterlaw.com/

I have made every attempt to distill the detailed language of these regulations and standards to readable bullet points.  Go to the original information to clarify any confusion I may have caused with this simplification.   Finally, there are more new and revised regulations and standards than those listed here; these were selected because I believe they are of more interest to SRBX membership.

 HEAT STRESS GISO Section 3395: New Revision Effective: November 4, 2010:

• Be sure your heat illness prevention program is up to date with the latest revision changes, including the “High Heat Procedures”
• IIPP. Title 8 CCR 3203
• Construction 8 CCR 1524

PORTABLE LADDERS CSO Section 1675 & GISO Sections 3276-3279: Effective January 7, 2011

• Ladder standards for construction & GISO have been revised
• Most all construction ladder standards were moved to GISO
• New wood, metal & plastic ladders are now required to meet the 2007 ANSI specs
• The wood, metal 7 plastic sections 3276, 3279 & 3280 have been combined into one section, entitled portable ladders.
• Ladders must be inspected by a qualified person for visible defects frequently & and after any occurrence that could affect their safe use.
• A training section was added, that requires specific training elements.

 OVERLOADING STRUCTURES CSO Section 1709(a): Effective January 28, 2011.

• The old standard required that no structure be loaded in excess of its designed capacity.
• The change comes about after a contractor was cited after an accident.  The contractor questioned that there was no definition for design capacity.
• The new change is that no structure be subjected to any load beyond its design load strength (Unless a structural design person says otherwise.)
• Design load strength is defined as the load bearing capacity of s structural member computed on the basis of the allowable stresses which are assumed in the design.

 MACHINERY & EQUIPMENT GISO Section 3328(e): Effective April 6, 2011.

• The change is the result of an accident, where a large weigh hopper broke loose & fell on a loader operator.
• The employer was cited for not properly securing the equipment.
• The old standard stated: designed, secured or covered to minimize hazards caused by breakage…
• So the wording is now: designed and secured, both covered and/or to minimize hazards…

 PERSONAL PROTECIVE DEVICES GISO 3380: Effective April 13, 2011.

• Fed OSHA had a hazard assessment & equipment selection requirement that Cal/OSHA did not.
• Cal/OSHA PPE standard added a sub-section (f)
• It requires employers to assess their PPE needs & properly train workers.
• Employers must determine what PPE is needed based on hazards present.
• Employer must certify in writing that a hazard assessment has been conducted.
• Employers must provide the following training:

- When PPE is needed,
- What PPE is needed,
- How to properly wear the PPE,
- The limitations of PPE,
- Proper care & maintenance.

• Worker must demonstrate that they understand the training.
• The worker must be re-trained when:

-A change in workplace hazards has taken place,

-A change in the PPE used,

-Worker does not understand.

ELEVATING EMPLOYEES WITH FORKLIFTS CSO Section 3657: Effective June 2, 2011.

• The old standard was intended for vertical mast forklifts.
• The new standard adds a new section on boom type lifts.
• It requires the use of a restraint or positioning device.
• The restraint may only allow the movement of workers as far as the sides of the platform.
• A positioning device may only allow workers 2 feet of movement.

CRANES: Effective July 7^th.

• Fed OSHA approved their new crane standard in August 2011.
• 6 years in the making and 1200 pages of preamble.
• Cal/OSHA had until February 2011 to pass at least as effective crane standard.
• The Standards Board decided to “horcher”* the new Fed/OSHA crane standard.
• It was submitted to OAL May 24^th into effect July 7, 2011. (Below a few key points)
• Crane operators must be certified on cranes over 1 ton
• Must be trained within 4 years of effective date of new standard
• Controlling contractor must ensure ground is stable for the crane
• Must implement a systematic approach to power line safety
• If a crane is closer than 20’ “Electrocution Warning” signs must be posed inside the cab and  outside the cab)
• Develop Assembly/Disassembly procedures, including fall protection requirements.
• All signal persons must be qualified through documented training and testing.
• The standard specifies what the signal person must be trained in.

PAY FOR PPE Section 3380.1: Proposed Change: Second Notice March 16, 2011.

• The Labor code requires employers to furnish and employees to use safety devices.
• There is an existing labor code and a law (Bendix) decision, but no Title 8 CCR.  It has always been unclear what employers have to pay for.
• The new proposed change will try to make it clear
• It will require that safety devices or safeguards be provided at no cost to employees.
• There are 5 exceptions to the new regulation:

1. Non-specialty PPE, like safety shoes or prescription safety glasses, where employees wear them off the job site.

2. Metatarsal guards provided by employees and used with employer permission.

3. Logging boots when required by Section 6254 of Logging Orders.

4. Everyday clothing used solely for protection from weather (including rain gear).

5. PPE that is not intentionally damaged or lost by employees.

FED/OSHA CONSTRUCTION CHANGES

Residential Fall Protection:

• Fed/OSHA issued a temporary policy (OSHA instruction STD 3.1) on December 8 1995, to allow residential builders to bypass fall protection requirements.
• This policy was modified on June 18, 1999 as a “Plain Language re-write”, to become the Interim Fall Protection Compliance Guideline for Residential construction (STD 03-00-001).
• This STD 03-00-001 directive allowed workers to use alternative procedures for residential fall protection without proving infeasibility.
• They were allowed to use a CAZ with monitor or a slide guard.
• The alternative procedures could be used up to 48’ high.
• Fed/OSHA issued a new directive on December 16, 2010 that rescinded the STD 03-00-0001.
• The new directive (STD 03-11-002) requires employers to comply with 29 CFR 1926.501(b)(13).
• 29 CFR 1926(b)(13) will require workers be protected from falls at 6’ or more above levels below.
• If employer can prove infeasibility, a “fall protection plan” may be used.
• This new directive went into effect on June 16, 2011, with enforcement beginning on September 16, 2011.
• Cal/OSHA has an existing residential standard that allows workers to be at 15’ without fall protection.
• The question is, does the Cal/OSHA standard meet the “at least as effective” test?
• Cal/OSHA must be at least as effective, not the same.

Source: Richard DeRosa, District Manager, Cal/OSHA Consultation Service and John Ford, Senior Safety Engineer have contributed the Construction Safety Updates for 2011.  http://www.dir.ca.gov/dosh/consultation.html

*The term refers to the rule-making process allowed by CA Labor Code section 142.3(a)(3) .  This section says that if a standard to be adopted is substantially the same (identical, really) as a federal standard, the Standards Board does not have to follow the usual requirements – notice, hearing, government approval etc.