1. Lockout/Tagout Program (CFR 1910.147):
All employers who perform maintenance or service on hard-wired machines (any machine that cannot be disconnected by a plug) are covered by the Lockout/Tagout Standard. When an employer performs its own service or maintenance on machines and equipment, it must be done with the machine or equipment stopped. All sources of energy must be disconnected. The energy device(s) for that machine or equipment must be locked-out and/or tagged-out under a documented procedure. In addition, employees must be trained on lockout/tagout procedures.
2. Confined Space Program (29 CFR 1910.146):
A confined space is defined as a space that:
1. Is large enough and so configured that an employee can bodily enter and perform assigned work,
2. Has limited or restricted entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits and spaces that may have limited means of entry), and
3. Is not designed for continuous employee occupancy.
All employers that require employees to enter into confined spaces must prepare a written program designed to:
- Identify and evaluate hazards
- Establish procedures for safe entry into confined spaces
- Prevent unauthorized entry
- Issue permits to applicable employees who must work in confined spaces
- Establish procedures to test and monitor conditions
- Establish procedures to summon rescuers if needed
3. Hazard Communication Program (29 CFR 1910.120):
OSHA requires employers using any hazardous material (any material that has or requires a Material Safety Data Sheet (MSDS)) to develop a written program to communicate to employees, the hazards of particular chemicals used in the workplace. Even products used by janitors would fall under this program if they are bought in larger quantities than would be purchased for home use.
A program that includes an inventory of hazardous materials, container labeling procedures, MSDS procedures, emergency procedures, employee information, and training guidelines should be implemented. This program should incorporate procedures for outside contractors to follow concerning hazardous chemicals to which they might be exposed. It should also cover hazardous chemicals brought into the Company by contractors to which the Company’s employees are exposed.
4. Hearing Conservation (29 CFR 1910.95):
OSHA requires a written program and procedures that afford protection against noise exposure when sound levels exceed predetermined levels. When engineering or administrative controls fail to reduce the noise levels to acceptable levels, personal protective equipment must be provided and used. If sound levels exceed an eight-hour, time-weighted average of 85 decibels, an effective written hearing program must be used and monitored for effectiveness.
5. Powered Industrial Trucks (29 CFR 1910.178):
This regulation contains safety requirements relating to fire protection, design, maintenance, and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. Only trained and authorized operators are permitted to operate a powered industrial truck. Employers must devise methods to train operators in the safe operation of powered industrial trucks.
6. Emergency Action Plan (29 CFR 1910.38):
An employer must prepare a written emergency action plan to ensure employee safety during fire and explosion, severe weather, hazardous materials spills and leaks, bomb threats, and other emergencies. This plan, in written form, should include the following elements as required by OSHA, and must be reviewed with affected employees:
- Escape procedures and routes;
- Critical plant operations;
- Accounting for on-duty employees following an emergency evacuation;
- Rescue and medical duties;
- Means of reporting emergencies; and
- Persons to be contacted for information or clarifications.
7. Fire Safety Program (29 CFR 1910.157):
OSHA requires employers to provide proper exits, fire fighting equipment, emergency plans, and employee training to prevent fire deaths and injuries in the workplace. The written program must include:
- Building fire exit inspections;
- Portable fire extinguisher rules;
- Emergency evacuation plan procedures;
- Fire prevention plan procedures; and
- Fire suppression plan procedures.
8. First Aid Providers (803 KAR 2:1030, 29 CFR 1910.151):
OSHA requires that an adequate number of certified first-aid providers be trained and available to cover all shifts. Annual certification/recertification records should be kept on file.
9. Bloodborne Pathogens Control (29 CFR 191.1030):
OSHA requires many employers to prepare a written Bloodborne Pathogens Control Program (BPCP). It also requires that training be provided for employees determined to have occupational exposure to bloodborne pathogens. The Kentucky Labor Cabinet has determined that employees who are trained and designated as responsible for rendering first aid or medical assistance as part of their job duties are covered by the standard. Therefore, designated first-aid providers should be included in an employer’s BPCP.
10. Personal Protective Equipment (29 CFR 1910.132):
This OSHA standard requires employers to assess the workplace to determine if hazards which necessitate the use of personal protective equipment (PPE) are present, or are likely to be present, and to document the results. If hazards are present, the employer must select appropriate and properly fitted PPE. The employer must also communicate selection decisions and usage requirements, and provide specified training for those employees required to use PPE.
11. Respirator Program (29 CFR 1910.123, 132,134):
In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer must establish and implement a written respiratory protection program with worksite-specific procedures. The program must be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer must include in the program the following provisions:
- Procedures for selecting respirators for use in the workplace;
- Medical evaluations of employees required to use respirators;
- Fit testing procedures for tight-fitting respirators;
- Procedures for proper use of respirators in routine and reasonably foreseeable emergency situation;
- Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;
- Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;
- Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;
- Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and
- Procedures for regularly evaluating the effectiveness of the program.
Recordkeeping and Posters (29 CFR 1904.4-8):
OSHA requires all employers to post a notice for employees which explains their rights under OSHA regulations.
Most businesses, with few exceptions, are subject to OSHA recordkeeping requirements. LCC does not appear to fall under any of the exceptions. Therefore, LCC should be completing OSHA Form 101 and OSHA Form 200, and should retain them for a period of five years. The OSHA Form 200 must be posted during the month of February of each year, summarizing all the prior calendar year s injuries and illnesses.
These programs are certainly not an exhaustive list of the programs that the Company should implement. However, they certainly represent a list of programs that will have a big impact on the safety and health of the Company’s employees. Furthermore, these programs receive a great deal of attention from Kentucky OSHA compliance officers.
Beginning with required OSHA programs is the logical first step in preparing any company’s safety and health program. These programs would serve as the core of the Company’s OSH program.
After these programs are in place, the Company could continue to build its OSH program by adding other needed safety and health programs and practices over time.
I like to keep the written programs as succinct as possible. Since there are a number of required programs, there will inevitably be a great deal of information for employees to digest. Also, I try to follow the OSH standards in the sequence in which the program requirements are outlined in the regulations. Doing so enables compliance officers to readily ascertain that the required components are included. I also like to include standardized forms to help assist clients with their record keeping requirements.
The Company could invite the Department of Labor’s (DOL) Division of Education and Training to conduct an OSHA audit after programs and training have been implemented to determine total compliance status (which is provided by the DOL at no cost).
It would be futile to seek the Kentucky DOL’s assistance until the Company has implemented several OSHA required programs that are currently not in place. Once the Company has made an effort to comply with OSHA requirements, a DOL audit would serve as a good report card of compliance status and point toward other programs or procedures that should be in place.
The DOL’s Division of Compliance and their Division of Education and Training claim to function independently of one another without sharing information relative to their activities. Therefore, a request for a consultative survey, or any other service from the Division of Education and Training should neither increase nor decrease the possibility of a compliance inspection.
Although the format and objective of a compliance inspection and a consultative survey are basically the same, there are significant differences between the two:
1. A consultative survey is conducted by the Division of Education and Training only upon request by the employer, whereas an enforcement inspection is conducted by the Division of Compliance without prior notice to the employer.
2. Monetary penalties are not assessed for hazards identified as a result of an employer requested survey. However, the employer must agree to correct all serious hazards identified by the Division of Education and Training. On the other hand, violations noted by a compliance officer results in citations which have to be corrected and generally are accompanied by stiff penalties.
Failure to correct “serious hazards” identified during a consultative survey could result in referral to the Division of Compliance for enforcement action if the hazard is not corrected within a specified period of time. Needless to say, if serious violations exist (i.e., a violation where there is a substantial probability that death or serious physical harm could result), it would be in the Company’s best interest to correct them.
3. All results of a consultative survey are strictly confidential, whereas citations received as a result of a compliance inspection must be posted in areas where the violation occurred.