UPDATE
2017
Who Is This Guy?
OSHA 2017 Enforcement Dates
1.
New Recordkeeping Rule – Anti-retaliation laws, drug
screening mandates, whistleblower rules, revived emphasis on
safety incentive programs, and new electronic record keeping
rules (OSHA 300A hard copy logs)
2.
Walking-Working Surfaces – General Industry Only
3.
Final Rule on Beryllium – PEL’s lower by 10x’s
4.
Final Rule on Crystalline Silica – PEL’s lower by 5x’s
(Construction Only)
5.
Crane Standard – Qualified vs Certified (Construction Only)
6.
OSHA Political Outlook 2017
1. New Recordkeeping Rules

January 1, 2017 – enforcement began

Anti-retaliation laws, drug screening mandates, whistleblower rules, revived
emphasis on safety incentive programs, and new electronic record keeping
rules (OSHA 300A Logs)

February 1st – April 30th – OSHA 300A Hard Copy to be placed in a
conspicuous location within your establishment (separate from the electronic
requirements)
1a. “Mandatory Post-Accident Drug
Screening Ruled Out”
- New Recordkeeping Rules

QUESTION: How many of you have policies and procedures that mandate drug and alcohol
testing in the wake of a workplace accident, regardless of reasonable suspicion?

Effective December 1, 2016 OSHA’s final rules on electronic reporting of workplace injuries
require employers to implement “a reasonable procedure” that cannot deter or discourage
employees from reporting a workplace injury.

QUESTION: When might an employee under-report an injury out of fear for being drug
screened?


Bee stings (serious citation) $$

Back strain (serious citation) $$

Repetitive Motion Injuries (serious citation) $$
QUESTION: What about an employee who is injured as a result of another team member?
1a. “Mandatory Post-Accident Drug
Screening Ruled Out”
- New Recordkeeping Rules

What is OSHA’s View of “Unreasonable Procedures?”

Unreasonable if, for example, an injured or ill employee were required to report the injury or
condition within only one hour of its occurrence or were required to report the injury or
condition to so many different managers that it would be a deterrent to reporting

Mandated/Blanket Post-injury Drug Testing is “Unreasonable Procedure”

OSHA will be focusing on an employer’s motivation in implementing its post-accident drug
testing policy

No effect on random drug testing, but if OSHA determines that the intent of an employer’s
post-accident policy is to deter or discourage the reporting of work-related injuries or
illnesses, then OSHA is likely to issue a citation seeking to eliminate an employer’s continued
use of such a policy

A “blanket” or “automatic” post-accident or post-injury drug testing policy will, in effect, be
presumed to be retaliatory and intended to deter or discourage reporting
1a. “Mandatory Post-Accident Drug
Screening Ruled Out”
- New Recordkeeping Rules

Some Questions to Consider as We Await
More Information

How do DOT mandates effect this rule?

Is it possible injured workers become a protected class?

What are your post accident motivations for drug screening?

How will employee complaints trigger OSHA enforcement?

Separate division already investigating employee complaints

What is your post-accident investigation procedure?

How will this effect Worker’s Comp payout and co-exist with
State Work Comp Laws
1b. “Your 300 Logs Are Going Public”
– New Recordkeeping Rules

Effective January 1, 2017, but the first
roll-out where OSHA will require
establishments with 20+ employees to
electronically submit the OSHA 300A

This information will be PUBLIC, meaning
the general public, customers, potential
customers, prospective employees, general
contractors, etc. will all have access to your
injury data

WHO and WHEN?

Employers within high hazard industries that
have more than 20-249 employees (300A).
(July 1, 2017, 2018 and March 2, 2019 and
March 2nd every year thereafter)

Employers with 250+ employees (OSHA Forms
300, 300A and 301 (July 1, 2017 300A ONLY,
July 1, 2018, March 2, 2019 and March 2nd
every year thereafter for ALL forms)
2. Walking Working Surfaces
– General Industry Only

January 17, 2017 – Law went into effect

June 17, 2017 – Deadline to have your employees trained on the new fall and
equipment hazards

The rule benefits employers by providing much greater flexibility in choosing a fall
protection system. For example, it eliminates the existing mandate to use
guardrails as a primary fall protection method and allows employers to choose
from accepted fall protection systems they believe will work best in a particular
situation

This means you can use guardrail systems, safety net systems, personal fall arrest
systems, positioning systems, travel restraint systems, ladder safety systems, rope
descent systems, and again, any approved device that will eliminate the hazard.
3. Final Rule
-Beryllium

March 10, 2017 – 10-fold decrease in allowable exposure limits

You MUST know your baseline

OSHA's new PELs are 0.2 micrograms of beryllium per cubic meter of air, over an 8hour time-weighted average, and 2.0 micrograms per cubic meter over only a 15
minute exposure period.

These PELs are the same for all employers covered by the standards in general
industry, construction, and shipyards. The new PEL represents a ten-fold DECREASE
from the previous PEL. In other words, it was originally 2.0 over an 8-hr period and
now it's .2. HUGE difference
3. Final Rule
-Beryllium
Where do we find Beryllium?

Beryllium Oxide Ceramics and Composites

Beryllium Production

Nonferrous Foundries

Secondary Smelting, Refining, and Alloying

Precision Turned Products

Copper Rolling, Drawing, and Extruding

Fabrication of Beryllium Alloy Products

Welding

Dental Laboratories

Abrasive blasting with slags and

Coal-fired Power Utilities
4. Final Rule
– Crystalline Silica

What is it?

"Crystalline silica is a common mineral that is found in materials that we see every day in
roads, buildings, and sidewalks. It is a common component of sand, stone, rock,
concrete, brick, block, and mortar.

Exposures to crystalline silica dust occur in common workplace operations involving
cutting, sawing, drilling, and crushing of concrete, brick, block, rock, and stone products
(such as construction tasks), and operations using sand products (such as in glass
manufacturing, foundries."

For decades, Silica has accounted for numerous fatalities and chronic illness.

The original rule on Silica was established in 1971 and despite the science and
years of data pointing to flaws in the original PEL's (personal exposure limits), the
rule has not budged.

NIOSH has been stating the original rule has been out of sync with the
science since the 1974 studies proved as much.
4. Final Rule
– Crystalline Silica
The final rule took effect on June 23, 2016., after which
industries have one to five years to comply with most
requirements, based on the following schedules
 Construction - June 23, 2017, one year after the
effective date.
 General Industry and Maritime - June 23, 2018, two
years after the effective date.


Get a baseline sample to KNOW what is required
5. Crane Standard – Construction ONLY

November 10, 2017 – Decision must be made

Qualified vs Certified

Political pieces
OSHA Political Outlook 2017
1.
Employee Complaints
2.
OSHA Reportable Injury Laws
3.
OSHA “Consulting” Visits
4.
OSHA’s New Fine Structure
5.
New Region 7 Director
2017 Effective Date Timeline
Questions and Answers
Contact Summit Safety Group
Email: [email protected]
Phone: 417-827-7233
Web: www.summitsafetygroup.com