All About OSHA
Marianne McGee
Compliance Assistance Specialist
Corpus Christi Area Office
What is OSHA?
• Occupational Safety and Health Administration
• An agency within the U.S Department of Labor
• Created in 1970 to address the problem of
occupational injury and illnesses
What is OSHA’s mission?
• To ensure that every worker
has a safe and healthful
workplace free from
recognized hazards
Why is OSHA necessary?
• Approximately 12 people die in the workplace
everyday.
• 3.3 million employees will suffer serious
occupational injuries or illnesses every year.
Who is Covered under OSHA?
• Employees of an employer who is employed in a
business in the US or territory.
• Federal employees
Who is not Covered under OSHA?
• Self employed individuals
• Partners is equal partnership
• Those covered by other federal regulations.
i.e., railroad workers and atomic energy
workers
• Public employees in state and local
governments
• Farm families
Definition of Farm Families?
• 1975.4(b)(2)
– Members of the immediate family of the farm
employer are not regarded as employees for
the purposes of this definition.
The Real World
• OSHA has less than 2500 inspectors for
approximately 7 million workplaces.
• That’s 2800 sites per inspector.
• An average of 50 inspections per year….
• It would take 56 years to do all worksites.
OSHA Inspection Priorities
• Imminent danger
conditions
• Fatality and Catastrophe
• Complaints and referrals
• Programmed inspections
– Emphasis Programs
Emphasis Programs
• National Emphasis
– Trenching/excavation
– Refineries and Chemical plants
• Regional Emphasis
– Oil and Gas drilling
– Grain handling
• Local Emphasis
– Ship breaking
Grain Handling REP - SIC (NAICS)
• 4221 (NAICS 493130) – establishments
primarily engaged in warehousing of farm
products
– Grain elevators, storage only
– Farm products warehousing
• 5153 (NAISC 424510) - establishments
primarily engaged in buying and/or marketing
grain. Country grain elevators buying or
receiving grain from farmers
– Grain elevators, except storage only
Why Focus on Grain Handling?
• Nationwide Jan. 2000 – Oct. 2009
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89 Fatalities
40 Engulfments
32 Falls
7 Explosions
• Texas Jan. 2000 – Dec. 2010
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9 Fatalities
4 Engulfment (3 CCAO)
4 Moving equipment – auger, belt/pulley (1 CCAO)
1 Fall from ladder (CCAO)
Site Selection Process
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Obtain location of all worksites within the
area office jurisdiction (within the emphasis
NAICS code)
Apply objective/neutral selection criteria to
the list of worksites
Assign inspections from the list
Must later evaluate effectiveness of emphasis programs
OSHA Inspection Scope
• Comprehensive (wall to wall)
– Programmed
• Limited Scope
– Fatality, complaint, referral
What are an employer’s responsibilities?
• Post at a prominent location within the
workplace, the OSHA poster informing
employees of their rights and responsibilities
• Maintain OSHA- required records of workrelated injuries and illnesses. OSHA 300 log
• Report within 8 hours any accident that
results in a fatality or catastrophe
What are an employer’s responsibilities?
• Provide a workplace free from recognized
hazards
• Be familiar with OSHA standards
• Comply with OSHA rules and regulations
• Provide employee access to the OSHA 300
log and medical and exposure records
• Evaluate workplace conditions
• Minimize or eliminate potential hazards
Reporting Requirements
• Within 8 hours of a work-related fatality or
accident resulting in the hospitalization of
three or more employees the employer shall
orally report the incident to the Area Office or
1-800-321-OSHA.
The OSHA 300 Log
• Employers exempt from maintaining the
OSHA 300 Log include*:
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Those with 10 or fewer employees
Those in low-hazard industries
Retail trade
Finance, Insurance, Real Estate Services
(Sic 52-89)
*Unless the Bureau of Labor Statistics (BLS) or
OSHA notifies them they have been selected to
participate in a mandatory data collection
Maintaining the OSHA 300 Log
• Occupational injuries and illnesses resulting
in a fatality, lost work, restricted work, or
medical treatment must be recorded on the
OSHA 300 log.
What happens when OSHA arrives at your
door?
• Compliance Officer will present his/her
credentials
• An opening conference will be conducted
covering the purpose and scope of the visit,
walk around procedures, employee
representation, employee interviews, and the
closing conference.
Then What ?
• After the opening conference, the compliance
officer reviews records then with
accompanying representatives proceeds
through the establishment, inspecting work
areas for potentially hazardous working
conditions.
• The compliance officer will conduct private
employee interviews.
Then?
• After the inspection walkaround, the
compliance officer holds a closing conference
discussing:
– Unsafe or unhealthful conditions observed and all
apparent violations for which citations may be
recommended
– Right to an informal conference within 15 working
days of receiving citations
Then?
– Employee protection against discrimination under
11(c) of the OSH Act
– Abatement documentation
– Right to contest
What is Compliance Assistance?
• NON - enforcement responsibilities
– Partnerships
– Alliances
– Outreach
– Voluntary Protection Program
– Other non-enforcement duties as assigned
• Emergency response
What can the Compliance Assistance
Specialist (CAS) do for you?
• Provide guidance on OSHA regulations
(without the fear of “calling OSHA”)
• Present information to groups or associations
to assist employers in complying with OSHA
regulations
• Direct you to available resources
Where do I find the CAS?
• www.osha.gov
OSHA and State Plan Offices
What are some of the Grain
Handling Hazards?
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Flammable/combustible dust explosions
Engulfment
Electrocution
Falls
Auger entanglement
Struck by
OSHA Website
Free fact sheets,
guidance documents,
pocket guides and
hundreds of other
publications.
Industry and hazard
specific information.
www.osha.gov
OSHA FACT SHEET
•Worker Entry into Grain Storage Bins
•Engulfment and suffocation hazards
•Where employees must enter storage bins,
employers must:
•De-energize equipment
•Prohibit walking down grain
•Prohibit entry onto or below bridging
•Provide body harness and lifeline
•Provide rescue equipment and observer
•Test air prior to entry
•Issue entry permit
http://www.osha.gov/Publications/grainstorageFACTSHEET.pdf
OSHA 3103 - Grain Handling
• 1910.272
– Hot work
– Entry into bins, silos, tanks, other storage
structures
– Inside Bucket Elevator Legs
– Preventive Maintenance
– Housekeeping
– Emergency Action Plan
– Training and Education
Small Business Resources
• Web pages
• Handbook
• Consultation
• Tailored programs
http://www.osha.gov/SLTC/grainhandling/index.html
OSHA
Questions???
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, 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