OSHA’s Top Citation: Fall Protection: New Gear, New Regulations and New Standards – What Every EHS Pro Should Know!

OSHA’s Top Citation:  Fall Protection: New Gear, New Regulations and New Standards – What Every EHS Pro Should Know!

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By Guest Blogger: Allyson Clark

Photo Credit: Western Area Power

Plan, Provide and Trainis OSHA’s slogan for fall protection – sounds easy enough, Right? Well except that for the last 10 years, fall protection has been the number one issued citation by OSHA for construction and general industry. In fact, falls rank as the number one cause of work related injury and deaths.   So what regulation, product performance standards and gear should EHS Professional be in the know of? – Well Keep Reading!

New Regulation for General Industry:

On Jan 17th, 2017, OSHA’s 29 CFR 1910.21-.30 Walking-Working Surfaces (WWS) Rule specific to slip, trip, and fall hazards  became enforceable. Slips trips and falls are proportionally high for general industry accidents and for the construction industry.  This final rule adds training, inspections, as well as updates for general industry standards and adds requirements for personal fall protection standards…

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“The ABC’s & 1,2,3’s of Fall Protection”

10 Astonishing Facts About Arc Flash - Infographic by Creative Safety Supply
Infographic created by Creative Safety Supply

“OSHA Walking-Working Surfaces & Fall Protection Final Rule Requirement Implementation Dates “

On November 18, 2016, OSHA finally published a final rule updating the walking-working surfaces and fall protection standards for general industry. Percolating since 1990 (55 FR 13360), reopened in 2003 (68 FR 23528) and again in 2010 (75 FR 28862), revisions to the walking-working surfaces and fall protection standards were long overdue. OSHA’s 500+ final rule gives employers new options to combat slip, trip and fall hazards (Subpart D) while adding employer requirements to ensure those new options provide for enhanced safety.

It adds a new section under the general industry Personal Protective Equipment standard (Subpart I) that specifies employer requirements for using personal fall protection systems and clarifies obligations for several specific industries, including telecommunications, pulp, paper and paperboard mills, electrical power generation, transmission and distribution, textiles and sawmills.

The final rule addresses fall protection options (including personal fall protection systems), codifies guidance on rope descent systems, revises requirements for fixed and portable ladders, prohibits the use of body belts as part of a personal fall arrest system, and establishes training requirements on fall hazards and fall protection equipment. OSHA Administrator Dr. David Michaels stated, “The final rule will increase workplace protection from those hazards, especially fall hazards, which are a leading cause of worker deaths and injuries.” OSHA notes the final rule also increases consistency between general and construction industries, which it believes will help employers and workers that work in both industries.

The rule is effective January 17, 2017, but some of the requirements are phased in over time. Phased-in or delayed compliance dates include:

• May 17, 2017

  • Training exposed workers on fall and equipment hazards

• November 20, 2017

  • Inspecting and certifying permanent anchorages

• November 19, 2018

  • Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structure
  • Equipping existing fixed ladders over 24 feet, including those on outdoor advertising structures, with a cage, ell, personal fall arrest system, or ladder safety system

• November 18, 2036

  • Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet

OSHA estimates the rule will affect 112 million workers at nearly 7 million worksites and will prevent 29 fatalities and over 5800 injuries annually.

Many employers that have been operating under the cover of OSHA interpretive letters and statements in the preambles of the proposed rules because the standards in place were so outdated and/or ill-suited to particular work environments. For them, the final rule offers an opportunity to confirm that their policies are compliant. However, those employers should scrutinize the final rule to ensure the interpretations they were relying on were incorporated and that no additional actions are required.

Some have suggested that Congress may seek to overrule these changes using the Congressional Review Act (“CRA”) (5 U.S.C. §§801-808), but that action is risky because the CRA is such a blunt instrument. The CRA can only be used to repeal a regulatory act in its entirety; it cannot be used to amend the regulation. Moreover, repudiation by Congress of a final rule prohibits the agency from issuing a substantially similar rule in the future.

Congress has only used the CRA once—to overrule the ergonomics regulation OSHA adopted at the end of the Clinton Administration. Congress should recognize that the provisions of this final rule are too important to too many employers for it to act reflexively by disapproving the entire rule and prohibiting further action on these issues.

A copy of the final rule is found here. More on the final rule, including OSHA’s Fact Sheet, can be found on OSHA’s website here.

“Top 10 OSHA Citations of 2016: A Starting Point for Workplace Safety”

OSHA inspection-1

Every October the Department of Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff. One remarkable thing about the list is that it rarely changes. Year after year, our inspectors see thousands of the same on-the-job hazards, any one of which could result in a fatality or severe injury.

More than 4,500 workers are killed on the job every year, and approximately 3 million are injured, despite the fact that by law, employers are responsible for providing safe and healthful workplaces for their workers. If all employers simply corrected the top 10 hazards, we are confident the number of deaths, amputations, and hospitalizations would drastically decline.

Consider this list a starting point for workplace safety:

  1. Fall protection
  2. Hazard communication
  3. Scaffolds
  4. Respiratory protection
  5. Lockout/tagout
  6. Powered industrial trucks
  7. Ladders
  8. Machine guarding
  9. Electrical wiring
  10. Electrical, general requirements

It’s no coincidence that falls are among the leading causes of worker deaths, particularly in construction, and our top 10 list features a lack of fall protection as well as ladder and scaffold safety issues. We know how to protect workers from falls, and have an ongoing campaign to inform employers and workers about these measures. Employers must take these issues seriously.

We also see far too many workers killed or gruesomely injured when machinery starts up suddenly while being repaired, or hands and fingers are exposed to moving parts. Lockout/tagout and machine guarding violations are often the culprits here. Proper lockout/tagout procedures ensure that machines are powered off and can’t be turned on while someone is working on them. And installing guards to keep hands, feet and other appendages away from moving machinery prevents amputations and worse.

Respiratory protection is essential for preventing long-term and sometimes fatal health problems associated with breathing in asbestos, silica or a host of other toxic substances. But we can see from our list of violations that not nearly enough employers are providing this needed protection and training.

The high number of fatalities associated with forklifts, and a high number of violations for powered industrial truck safety, tell us that many workers are not being properly trained to safely drive these kinds of potentially hazardous equipment. Rounding out the top 10 list are violations related to electrical safety, an area where the dangers are well-known. Our list of top violations is far from comprehensive.

OSHA regulations cover a wide range of hazards, all of which imperil worker health and safety. And we urge employers to go beyond the minimal requirements to create a culture of safety at work, which has been shown to reduce costs, raise productivity and improve morale. To help them, we have released new recommendations for creating a safety and health program at their workplaces.

We have many additional resources, including a wealth of information on our website and our free and confidential On-site Consultation Program. But tackling the most common hazards is a good place to start saving workers’ lives and limbs.

Source: OSHA -Thomas Galassi is the director of enforcement programs for OSHA.

“Confined Spaces – “What To Do Before You Enter” #ConfinedSpace #StayAlive

80% of fatalities happened in locations that had been previously entered by the same person who later died.

Each year, an average of 92 fatalities occurs from confined spaces locations due to asphyxiation, acute or chronic poisoning, or impairment.

But, what is a “confined space?”

A confined space is a space that:

  1. Is large enough and so arranged that an employee can bodily enter it;
  2. Has limited or restricted means for entry and exit;
  3. Is not designed for continuous employee occupancy.

Examples of confined spaces include:

  • Sewers
  • Storm drains
  • Water mains
  • Pits
  • And many more

Permit-required confined spaces include:

  • Contains or has the potential to contain a hazardous atmosphere
  • Contains a material with the potential to engulf someone who enters the space
  • Has an internal configuration that might cause an entrant to be trapped or asphyxiated
  • Contains any other recognized serious safety or health hazards

Here are some steps you can take to help ensure the safety of your workers.

1. Is This a Confined Space?

2. Is the Atmosphere Safe?

Testing must be done in several levels of the space because specific hazardous gases react differently to the rest of the atmosphere. Why? Hydrogen Sulfide is slightly heavier than air, while other dangerous gases such as methane may be lighter than air and rise to the top. Only by testing all levels of the tank you are about to enter can you be reasonably sure the atmosphere is acceptable for breathing.

3. How Do I Exit Safely?

Before you start thinking about entering, first make sure you can get back out. Meaning you have a rescue plan and are working with someone else who can provide for rescue.

If you don’t have a rescue plan, don’t enter.

4. How Do I Enter Safely?

Does the job or project require special equipment to get in and out of the space, such as a body harness?

5. Will The Atmosphere Stay Safe?

Once you’ve established that the atmosphere is safe to enter, you next have to know that it will stay that way. Which leads us to our next point.

6. Does the Space Need Ventilating?

If the air is found to be unsafe within the confined space because of existing fumes or gas, or if the work being done will contribute to a degradation of the breathable atmosphere, the space needs to be ventilated and you need to be using an air monitoring device.

7. Equipment Check

It’s important to check your equipment before beginning any sort of confined space entry work. Has your gas detector been bump-tested or recently calibrated? Have all lanyards and lifelines been checked for wear? Have harnesses been properly stored?

8. Lighting

Confined spaces are often cramped, dark and awkwardly shaped. A well-lit worksite helps workers avoid injury.

9. Communication

Radios are a great way to stay connected with workers, but also keep in mind that, nothing can replace having a standby worker positioned at the exit when workers are in a confined space. This tried and true system allows the outside person not only to communicate with workers within the space but also to call for help if it is needed.

10. Are you and your crew up to the task?

Can each team member be relied upon in a life-threatening situation?

This list is not meant to be comprehensive, check the OSHA Standards for that.

Stop to consider the dangers before you enter, and be mindful that confined spaces can become dangerous after you have entered.

Source: Vivid Learning Systems – Safety Toolbox

“Miller Fall Protection Safety Webinar” & “Fall Clearance Calculator App”

Miller Fall Protection Webinar

When working at height, it is important to know your fall clearance and swing fall, whether using a shock-absorbing lanyard or self-retracting lifeline. Calculating your fall clearance and swing fall is critical to your safety. The Miller Fall Clearance Calculator App gives workers who work at heights, the ability to quickly calculate the required fall clearance for Shock Absorbing Lanyards and Self-Retracting Lifelines, including swing fall.

Download the New Miller Fall Clearance Calculator App by Honeywell : Download link – https://itunes.apple.com/us/app/miller-fall-clearance-calculator/id971198656?mt=8

Miller Fall App

3M “DB​I-SALA® Lad-Saf™ (Tower Ladder Safety) Sleeve – Stop Use and Voluntary Recall / Replacement”

DBI SALA® Lad Saf™ Sleeve – Stop Use and Voluntary Recall   Replacement

After more than 30 years of use in the fall protection industry, the original Lad-Saf™ sleeve has been replaced by a completely redesigned next generation Lad-Saf sleeve. Capital Safety/3M recently reviewed the performance of the original Lad-Saf sleeve in the field, including a limited number of incidents involving a serious injury or death in the United States while using the sleeve.

Although our review did not reveal product hazard or risk scenarios that would arise in the ordinary and proper use of the product, it did reveal potential misuse scenarios that could result in serious injury or death.

The potential misuse scenarios include interference with the braking mechanism (such as entanglement with cords, lanyards, clothing or other materials, or grasping the sleeve prior to or during a fall), or result from the user attaching the sleeve upside down (user inversion). No safety regulator has made a finding that the design of the original Lad-Saf sleeve is defective. At 3M, customer safety and confidence are high priorities. In light of the reported incidents and potential misuse scenarios, we have discontinued sale of the original Lad-Saf sleeve, and are voluntarily initiating a full recall of all original Lad-Saf sleeves.

At 3M, customer safety and confidence are high priorities. In light of reported incidents and potential misuse scenarios involving the original Lad-Saf sleeve, 3M has discontinued sale of the original sleeve, and is voluntarily recalling all original Lad-Saf sleeves.

Please click on the link to take you to the Stop Use and Recall/Replacement Notice (English) (Spanish).

 

 

“Safety Photo of the Day” – “Who Should Be Tied Off In This Photo?”

Who Should Be Wearing Fall Protection &  Tied Off In This Photo?

wrigley-reno

OSHA issued a letter of interpretation that addresses the requirements for use of a body-restraint system on aerial lifts (body restraint is required) versus scissor-lifts (body restraint not required as long as standard guardrails are in place). One last thing about scissor-lifts to keep in mind; in some cases, the manufacturer of a scissor-lift may install a tie-off point(s) in the work platform. In those cases, you should consult their instructions for recommendations as to when it might be necessary to tie-off while using their equipment.
Why is fall protection important?

Falls are among the most common causes of serious work related injuries and deaths. Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls.

What can be done to reduce falls?

Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls. OSHA requires that fall protection be provided at elevations of four feet in general industry workplaces, five feet in shipyards, six feet in the construction industry and eight feet in longshoring operations. In addition, OSHA requires that fall protection be provided when working over dangerous equipment and machinery, regardless of the fall distance.

To prevent employees from being injured from falls, employers must:

  • Guard every floor hole into which a worker can accidentally walk (using a railing and toe-board or a floor hole cover).
  • Provide a guard rail and toe-board around every elevated open sided platform, floor or runway.
  • Regardless of height, if a worker can fall into or onto dangerous machines or equipment (such as a vat of acid or a conveyor belt) employers must provide guardrails and toe-boards to prevent workers from falling and getting injured.
  • Other means of fall protection that may be required on certain jobs include safety harness and line, safety nets, stair railings and hand rails.

OSHA requires employers to:

  • Provide working conditions that are free of known dangers.
  • Keep floors in work areas in a clean and, so far as possible, a dry condition.
  • Select and provide required personal protective equipment at no cost to workers.
  • Train workers about job hazards in a language that they can understand.
Additional Fall Protection Resources

“OSHA – DOL News Release” – “Worker Falls 22 Feet to Death, 4 Months After OSHA Cites Employer for Failing to Protect Workers on the Same Job Site”

Worker falls 22 feet to death  4 months after OSHA cites employer for failing to protect workers on the same job site

Louisville employer faces $320K in fines for serial disregard of fall protection

ADDISON, Ill. ‒ Four months after federal safety investigators cited his employer for failing to provide workers with fall protection at a United Parcel Service facility in Addison, a 42-year-old employee of Material Handling Systems/MHS Technical Services, fell 22 feet to his death at the same site.

On July 29, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration cited the employer for three egregious willful violations for exposing workers to falls over 6 feet, after its investigation of the Feb. 9, 2016, fatality. OSHA also cited three repeated and three serious safety violations.

“A man is dead because this employer decided to break the law over and over again. Before this tragedy, OSHA cited this contractor twice for exposing workers to fall hazards, including at the same site just four months earlier,” said Dr. David Michaels, assistant secretary of labor of Occupational Safety and Health. “OSHA is asking companies contracting with Material Handling Systems to take strong steps to ensure that this employer protects its employees, and terminate its contracts if this employer continues to violate OSHA regulations. Material Handling Systems employer must demonstrate it can work safely and stop injuring its employees.”

OSHA also found Material Handling Systems/MHS Technical:

–       Exposed other workers to falls of up to 22 feet as they hoisted conveyor equipment while working on raised surfaces with unprotected sides. Failed to determine whether walking and working surfaces could structurally support employees.

–       Allowed workers to use a combustible polyethylene tarp as a welding curtain, which created a serious fire hazard.

OSHA cited Material Handling Systems most recently for fall protection violations in October 2015 at the same jobsite. In 2014, OSHA cited the company for similar violations after an employee suffered serious injuries in a fall in Keasby, New Jersey. The employer also received fall protection citations in 2009 in Oregon and 2012 in Florida. The company’s workers’ compensation carrier is Old Republic Insurance Company of Greensburg, Pennsylvania.

Material Handling Systems/MHS Technical Services removes and installs high-speed conveyor systems. In this case, the company was working under a multi-million contract with United Parcel Service to dismantle existing conveyor systems and install new, high-speed conveyors at UPS’s Addison facility.

Based in Louisville, Kentucky, Material Handling Systems/MHS Technical Services faces total proposed penalties of $320,400. View current citations here.

Preventable falls account for nearly 40 percent of all deaths in the construction industry. Federal safety and health officials are determined to reduce the number of preventable, fall-related deaths in the construction industry. OSHA offers a Stop Falls online resource with detailed information in English and Spanish on fall protection standards. The page provides fact sheets, posters, and videos that illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.

OSHA’s ongoing Fall Prevention Campaign was developed in partnership with the National Institute for Occupational Safety and Health and NIOSH’s National Occupational Research Agenda program. Begun in 2012, the campaign provides employers with lifesaving information and educational materials on how to prevent falls, provide the right equipment for workers and train employees to use fall protection equipment properly.

Material Handling Systems/MHS Technical Services has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s North Aurora office at 630-896-8700.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

# # #

Media Contacts:

Scott Allen, 312-353-6976, allen.scott@dol.gov
Rhonda Burke, 312-353-6976, burke.rhonda@dol.gov

Release Number: 16-1572-CHI

Fall Protection Training – Miller Fall Protection

“The “Vert Alert” Lanyard Attachment Warning System Saves Lives”

VertAlertSCA_full

The VertAlert verbally warns the lift operator if the safety harness lanyard has not been properly attached to the lift anchor point. The VertAlert will not allow the lift to proceed UP until it has verified this proper attachment.

It will also collect and store data on lift activity including safety violations and if any attempts were made by the operator to circumvent this safety system. See more information about this unique and excellent system at: http://millennialplatform.com/ or email Paul Baillergian at  paul@suncook-intl.com 
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