The Occupational Safety and Health Administration has issued a report of top violations for 2001/2002. The citations are listed below in order of frequency, from greatest to least. The Hazard Communication standard takes four of the top 12 places, followed by Machine Guarding with two, and Lockout/Tagout with two. Attention to the regulations related to these citations is a prerequisite to avoiding the common pitfalls in each target area.

In avoiding such violations, there are several issues to keep in mind. About 5,600 OSHA regulations apply to the average general industry facility. This number does not include the infamous “general duty” clause, which effectively permits an inspector who sees something he or she believes to be a safety problem to issue a citation without a specific regulation for that particular situation. Given the vast and complicated regulatory maze combined with obligations to “regulate” and self-fund, it is obvious that the inspector can find violations at his or her discretion — and is expected to do so, at least on paper. Inspectors also have a political image to protect and will usually overcite fatal accident incidents. Typically, the average employer will be given just enough citations to show that inspectors are doing their job without stressing out management and instigating a political conflict. To their credit, however, OSHA inspectors have been known to issue no citations upon visiting plants with good safety programs in effect.

Significant volumes of legal advice are available regarding how to “manage” an OSHA inspector, which most managers have somewhere either on a disc, in their safety manual, or in the files. Yet, when the inspector actually shows up unannounced, those usually lengthy explanations are difficult to access and implement. So, here is the pith instruction: Have your safety programs in effect and well documented; have up-to-date paperwork where you can find it; and, always ask why the inspector is there. As appropriate, correct any inspector observations or citations immediately, preferably while the inspector is present. One last bit of nonlegal advice is also indispensible: don't piss ‘em off!

RANK/SUBJECT		STANDARD
1	Hazard Communication - written program	1910.1200(e)(1)
2	Machine Guarding - types of guarding	1910.212(a)(1)
3	Hazard Communication - training	1910.1200(h)(1)
4	Machine Guarding - point of operation guarding	1910.212(a)(3)
5	First Aid - eye wash/emergency shower availability and proximity	1910.151(c)
6	Guarding floor openings, platforms and runways (4 foot rule)	1910.23(c)(1)
7	Hazard Communication - employee information and training	1910.1200(h)
8	Electric wiring methods, components, and equipment.	1910.305(b)(1)
9	Lockout/tagout - establishment of an energy control program	1910.147(c)(1)
10	Lockout/tagout - written energy control procedures	1910.147(c)(4)
11	Hazard communication - MSDS for each hazardous chemical	1910.1200(g)(1)
12	Abrasive wheel machinery - exposure, adjustment/safety guards	1910.215(b)(9)

Following are the top regulations in the order of total citations issued for the period:

1. Hazard Communication Written Program — 1910.1200(E)(1). The burdensome and detailed HazCom program originally intended for the chemical industry has for years been OSHA's salvation. In addition to a written hazard communication program that includes all points required by regulation, be sure to have an up-to-date list of hazardous chemicals used in the workplace at the front of the MSDS binder.

2. Machine guarding — Types of guarding — 1910.212(A)(1). OSHA's recent program emphasizing machine guarding has contributed to the generation of these citations. One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards, such as those created by point of operation, in-going nip points, rotating parts, flying chips and sparks.

3. Hazard Communication — Employer provided information and training — 1910.1200(H)(1).

   • Use a documentation system for new hires, such as a new-hire checklist for each employee that includes the regulated hazard communication points to be covered (as well as other required training documentation). After training or orientation, have the employee sign the sheet and keep it in his or her file.
   • Establish recurring training. For example, use one safety meeting every year to re-train employees in hazard communication. Safety meetings can also be utilized for training. Again, have all employees sign the training document and keep it in the file.
   • Whenever a new chemical is introduced into the plant, be sure to discuss it in a safety meeting. Have all employees sign the safety meeting document and file it.

4. Machine guarding — Point of operation guarding (1910.212(A)(3). Similar to No. 2 above, point-of-contact guarding is also required for table saws, band saws, shears, power handsaws, and portable power tools such as grinders and other equipment. Therefore, always include factory-recommended guards on purchased equipment and require employees to work with the guards in place. This task can be very difficult for workers using table saws and band saws, for example, but OSHA proves persuasive.

5. First aid: Eye wash/emergency shower facilities [not] provided in near proximity to employees 1910.151(C). In the concrete business, this citation was typically issued in the boiler room due to the lack of a shower and eye wash facility in the proximity of various boiler chemicals. The citation — not one of the more common citations issued in the concrete products industry — is now issued more frequently where materials such as myriatic acid are used.

6. Guarding floor openings, platforms and runways — 1910.23(C)(1). Every floor opening or ledge where an employee may fall four feet or more must be provided with a handrail, mid-rail and toeboard. This citation is often issued at ladder wells where chain guards are used, since chain guards are usually left down, and a mid-rail or toeboard is not present. A one-way, self-closing gate is the common solution to the ladder well problem.

   This regulation can be a problem in plants with transfer-table pits four or more feet deep. Engineers designing new plants should be apprised of this common OSHA citation in order to avoid all uneven walking or working surfaces.

7. Hazard Communication: Employee information and training — 1910.1200(H). At the time clock, break room, or other suitable place, the following information should be available to employees:

   • A written Hazard Communication program.
   • All MSDSs for everything on site, in order, and easy to reference.
   • A list of the chemicals in the front of the MSDS binder.

   While many production plants opt for the legal option of keeping the program and MSDSs in the office, requiring employees to ask for the information, OSHA inspectors do not favor this approach. One tactic used by OSHA inspectors is to ask an employee where the HazCom program is located and if he or she has ever reviewed it — a test of the employer's training, the employee's memory, and the employee's loyalty. These problems can be avoided by making the information accessible to employees and tolerating the inconvenience of keeping materials clean and undamaged.

8. Electric-wiring methods, components and equipment, cabinets, boxes/conductors — 1910.305(B)(1).

   • Repair all loose conduit connections to boxes.
   • Close all unused “knock-outs” with a plug.

   While safety is not a big issue with either of these violations, they clearly violate a specific regulation, are easily photographed by an inspector, and therefore, can not be defended or dismissed by the employer.

9. Lockout/tagout (LOTO), establishment of an energy control program — 1910.147(C)(1). The employer is required to establish a program that includes the following:

   • Written energy control procedures.
   • Employee training.
     • Use a new-hire checklist for each employee that includes the LOTO-identified machinery he or she may be required to lockout/tagout (as well as other required training documentation). If no maintenance or cleaning of equipment is necessary, a statement to that effect should be included in the training and documentation. After training or orientation, a sheet signed by the employee should be kept in his or her file.
     • Every year, use one safety meeting to re-train employees in LOTO, since safety meetings can also be utilized for training. Have all employees sign the training document, and keep it in the file.
     • Whenever a new machine or procedure is introduced into the plant, be sure to discuss it in a safety meeting. Have all employees sign the safety meeting document and file it.
   • Periodic inspections of persons using the program, with documentation specifically referencing the LOTO equipment, date, and employees inspected.

10. Lockout/tagout written energy control procedures — 1910.147 (C)(4). Written procedures must be specific for every machine in the plant. Though some exceptions do exist in the standard, a thorough reading makes it clear that no machines are excluded. This regulation also applies to plug-in type 110v equipment that can be listed under a plug-in procedure. Many employers make the mistake of writing a generic LOTO program that does not address every machine. In addition to specifying the steps required to LOTO (eight steps), be sure to include all steps needed to restore the machine to service (five steps).

11. Hazard communication, MSDS available for each hazardous chemical — 1910.1200(G)(1). “Employers shall have a material safety data sheet in the workplace for each hazardous chemical that they use.” The site safety person would be well advised to document every chemical, oil, additive, adhesive, gas, welding rod, aggregate, tint, spray paint, and similar “chemical” found throughout the plant and storeroom. Such a list can be compared to the MSDS binder to assure the binder list is complete.

    A separate review should include purchasing records to check for items that may have been missed during the walk-through survey. The purchase of a “chemical” at a plant often triggers procedures automatically requiring an MSDS to be provided for the MSDS binder. For various reasons, however, the safety person should be aware that the purchase record system seldom encompasses all chemicals used in the plant — a fact particularly attractive to OSHA inspectors.

12. Abrasive wheel machinery, exposure adjustment/safety guards — 1910.215(B)(9). As pedestal grinders are used, the abrasive wheel gets smaller, automatically generating a gap between the tool-rest and the abrasive wheel. The regulation requires the gap to be no more than ¼ inch. This violation is self-generating, and as it is specifically detailed in the regulation and easily photographed by the inspector, the employer can not easily refute such a citation. Additionally, the replacement of a wheel requires the removal, and thus the replacement, of the various guards around the wheel.

OTHER NEWS

HAZRIN Incident Investigations

Hazards-Related Occupational Incidents (HAZRINS) is a new concept that is catching on among safety experts. Based on the concepts of chaos and complexity in the work place, HAZRINS uses a systematic causation model that de-emphasizes the unsafe act in favor of management and design as causative factors. Complexity in the workplace is recognized in terms of standards, policies, programs, task performance issues, adequacy of training for a specific task, tasks so numerous as to preclude legitimate training, human factors, changing environments that interfere with reasonable safety program and training interaction, as well as other issues including resultant stress. The model minimizes the role of the unsafe act by asking: Why did the employee commit the unsafe act, and why was that?

Silica

In its renewed emphasis on crystalline silica in the coming year, OSHA may propose a new rule in November. Concrete Products will keep its readership posted on these developments.

OSHA BUDGET

In FY 2004, the Occupational Health and Safety Administration will increase its current budget by $13 million to a total of $450 million. According to OSHA, the Bush Administration “recognizes the value of safety and health in America's workplaces” and supports development of new programs to protect those “most in need.” Of the increase, $2.2 million is slated for “outreach” to non-English speaking workers, while $4.2 million will go for increased enforcement activities, with the remainder applied to other activities.