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 [or hazards], 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.
OSHA UPDATE
Kelly Bubolz Appleton Area Office January 15, 2009
Legislative Agenda
• Proposed Standard on Confined Spaces
– Comment Period Ended Jan. 28, 2008
• Proposed Crane Standard • Proposed PPE Citation Policy • Updating OSHA Standards Based on National Consensus Standards
– Final Rule published 12/14/07
• Eliminated National Consensus Standards References that have Duplicative Requirements of OSHA Rules
Emphasis Programs in Construction for 2009
•Falls •Trenches •Bridges •Silica •Lead •PIV”s (Powered Industrial Vehicles)
Forklifts Dump Trucks Excavators/Backhoes Front End Loaders Scraper/Graders Skid Steers
Most Frequently Cited in Wisconsin*
1) 652 (a)(1) No Protective Systems 2) 651 (k)(1) Daily Inspections of Excavations 3) 651 (j)(2) Soil/Materials not 2 feet from edge 4) 651 (c)(2) Means of Egress 5) 651 (k)(2) Competent Person did not remove workers from hazardous area
* Fed Fiscal ’08 10/1/07-9/30/08 SIC Heavy Construction
Most Frequently Cited in Wisconsin*
6) 652 (g)(2) Shield/Box more than 2 feet from bottom of trench 7) 21 (b)(2) Employee Training 8) 501 (b)(1) Fall Protection for Unprotected Sides and Edges 9) 651 (b)(4) Underground installations not protected, supported, or removed 10) 651 (d) No traffic safety vests
* Fed Fiscal ’08 10/1/07-9/30/08 SIC Heavy Construction
Most Frequently Cited in Wisconsin*
1) 501 (b)(13) Residential Fall Protection 2) 503 (a)(1) Fall Protection Training 3) 501 (b)(1) Unprotected Sides and Edges 4) 1053 (b)(1) Ladder not extended above landing 5) 453 (b)(2) Body Belts not provided on articulating boom lifts
* Fed Fiscal ’08 10/1/07-9/30/08
SIC All Construction
Most Frequently Cited in Wisconsin*
6) 451 (g)(1) Fall protection on Scaffolds 7) 652 (a)(1) No Protective Systems 8) 102 (a)(1) Eye and Face Protection 9) 501 (b)(10) Fall protection for roofing on low-sloped roofs 10) 21 (b)(2) Employee Training
* Fed Fiscal ’08 10/1/07-9/30/08
SIC All Construction
OSHA PPE Payment Rule
November 15, 2007
PPE Payment Rule
• Final rule published November 15, 2007 • Requires Employers to pay for any PPE used by an Employee to comply with the PPE requirements in OSHA's standards. • If PPE is not required by the standards, the Employer is not required to pay.
PPE Payment Rule
• The final rule contains exceptions for certain ordinary protective equipment such as safety-toe footwear, prescription safety eyewear, everyday clothing and weather related gear. • Employees can still be required to pay for these types of PPE, if they are permitted to wear it away from work.
PPE Payment Rule
• Employers required to pay for replacement PPE. • If employees lose or intentionally damage his or her PPE,
– issued and paid for by the Company, – the Employer is not required to pay for its replacement under the rule.
PPE Payment Rule
• If employees choose to use PPE they own, Employers will not need to reimburse the employees for the PPE. • Employers may not require employees to provide their own PPE and an employee's use of PPE he or she already owns must be completely voluntary. • Where an employee provides his or her own PPE, the Employer must ensure that the equipment is adequate to protect employees from workplace hazards.
Any PPE Questions?
OSHA Web Page
www.osha.gov
New Publications Page On the Web
Wisconsin Construction Safety Newsletter
• Published 3-4 times each year • Focuses on upcoming and hot topics •Provides Regional fatality data and most frequently cited issues
Any More Questions?