Environmental Health and Safety Blog | EHSWire

by Bruce D. Groves

On August 16, 2012, OSHA issued its criteria of when an employer could be removed from their Severe Violator Enforcement Program (SVEP).  The SVEP has been in effect since June 2010, replacing OSHA’s much-criticized Enhanced Enforcement Program (EEP). The SVEP is intended to focus the agency’s enforcement resources on those employers believed to demonstrate “indifference” to their responsibilities to workplace safety by committing any of the following:

• Any violation categorized as “Egregious”


• One or more Willful, Repeat or Failure-to-Abate violations associated with a fatality or the overnight hospitalization of three or more employees


• Two or more Willful, Repeat or Failure-to-Abate violations in connection with a high emphasis hazard (generally speaking, the subjects of OSHA’s special emphasis programs, including falls, amputations, grain handling, etc.)


• Three or more Willful, Repeat or Failure-to-Abate violations related to Process Safety Management (prevention of the release of  a highly hazardous chemical)

Considering that OSHA’s mission is to not only to protect worker safety, but reduce workplace hazards through both enforcement and outreach, recognition of an employer who turns their safety efforts around and improves working conditions for employees is good policy. Generally, an employer may be considered for removal from the program after:

1. A period of 3 years from the date of the final disposition of the SVEP inspection citation items including: failure to contest, settlement agreement, Occupational Safety and Health Review Commission final order or court of appeals decision; and


2. All affirmed violations have been abated, all final penalties have been paid, the employer has abided by and completed all settlement provisions and has not received any additional serious citations related to the hazards identified in the SVEP inspection at the initial establishment or at any related establishments.

In the event an employer fails to adhere to the terms and provisions of the agreement, the employer will remain in the program for an additional 3 years and will then be reevaluated. Except in cases where national corporate-wide settlements are involved, approval of the employer's removal will be at the discretion of the regional administrator or designee and will be based on an additional follow-up inspection and IMIS/OIS data.

For more information visit http://s.dol.gov/VD.

Read More

Topics: Emilcott, OSHA, workplace safety, General Industry H&S, SVEP, Severe Violator Enforcement Program, OSHA Compliance

On August 17, 2012 OSHA (Occupational Safety and Health Administration) issued a direct final rule and notice of proposed rulemaking regarding cranes and derricks. The final rule serves to protect workers from dangers commonly found with hoisting equipment in construction. It applies the requirements of the 2010 standard for cranes and derricks, which are standardly used in demolition and underground construction of shafts and sub-shafts, among other structures. Rules already in place for underground construction and demolition by other construction sectors are the guiding force behind this final rule, and several errors in the 2010 rulemaking are now corrected, to make it easier to understand and employ by employers and workers.



This direct final rule becomes effective on November 15, 2012, barring significant adverse comments by September 17 ^th of this year. Should OSHA receive enough adverse comments, the notice of proposed rulemaking allows it to prolong the notice-and-comment part of the rulemaking initiative, by removing the direct final rule until a later date.

Interested parties may use this link: http://www.regulations.gov to register comments via the Internet. Comments may also be sent by FAX or mail; details can be found at the Federal Register.  All comments must be submitted by September 17, 2012.

OSHA’s official mandate is that it ensures safe working conditions for employees by regulating and enforcing consistent standards, and providing training, education and assistance. You can learn more about OHSA and see the official notice regarding final rule and notice of proposed rulemaking at their website: http://www.osha.gov.

Read More

Topics: Emilcott, OSHA, General Industry H&S, OSHA Compliance, cranes and derricks standard, General EHS, Construction H&S, Subpart CC, 1926.800, Underground Construction

By Paula Kaufmann, CIH

I have seen no less than 20 emails inviting me to webinars that will help me get my house in order for all the changes coming with the OSHA Hazard Communication Standard this year.  From the tone of these emails, it would seem like the sky is falling! You know what?  The sky is not falling … although there is work to be done to implement the changes.



OSHA has a reasonable timeline for compliance and with planning, we can get through this with ease!  Here’s our take on the issue …

On first glance, the changes seem monumental …

• 90,000 workplaces = the number of sites that produce hazardous chemicals in the US.  HazCom 2012 requires these manufacturers to.

-       Modify the hazard classification for chemicals they produce

-       Create new labels to highlight these hazards

-       Draft and distribute revised Material Safety Data Sheets (now referred to as Safety Data Sheets)

• 43 million US workers = the number of workers in the 5 million facilities that will be notified of the new physical and health hazard classifications for the chemicals in their workplaces by new labels and Safety Data Sheets communicating these hazards.

• $201 million a year = the cost OSHA estimates to roll out HazCom 2012 for the entire United States. OSHA lists yearly program element costs as follows:

-       $22.5 million for chemical hazards classification based on the GHS criteria and revising safety data sheets and labels to meet new format and content requirements

• $24.1 million for printing packaging and labels for hazardous chemicals in color

-       $95.4 million for employee training about the new warning symbols and the revised safety data sheet format under GHS

-       $59 million a year for management to become familiar with the new GHS system and to engage in other management-related activities as may be necessary for industry's adoption of GHS

Let’s look at the actual tasks each organization has to accomplish for compliance:

With a plan … these tasks are quite doable!

• Chemical Users: Continue to update safety data sheets when new ones become available, provide training on the new label elements and SDS format and update hazard communication programs if new hazards are identified.

• Chemical Producers: Review hazard information for all chemicals produced or imported, classify chemicals according to the new classification criteria, and update labels and safety data sheets.

OSHA’s HazCom 2012 Compliance Timeline …

Requirement(s)	Completion Date
Training	December 1, 2013
Classify of Chemicals Modify Labels Update Safety Data Sheets	June 1, 2015
Update alternative workplace labeling system Revise Hazard Communication Program	June 1, 2016

On April 25, Emilcott will be presenting a HazCom 2012 Webinar for anyone interested. Our approach—let’s not try to alarm everyone, but let’s provide a basic understanding of the changes made to the standard and a simple plan of action for employers to meet the regulatory requirements within the specified time frames.  Would you like to join us?

Register here: OSHA HazCom 2012: A Simple Plan for Compliance

Read More

Topics: Emilcott, OSHA, health and safety, OSHA Compliance, Hazardous Waste Management, HazCom, Hazardous Materials, Compliance, OSHA Hazard Communication Standard

Topics: Emilcott, OSHA, health and safety, OSHA Compliance, HazCom, Occupational Health, Occupational Safety

The Office of Management and Budget received the final rule update for the Hazard Communication Standard (1910.1200) on 10/25/11.  The 90 day review period is over but the review period has been recently extended.  There is no notice of the length of the extension and it should be noted that OMB has had the OSHA proposed Occupational Exposure to Crystalline Silica Standard for nearly a year, since 2/14/11, and it is still listed as having an extended review period.

You can view the rule at HERE

One of the changes is the inclusion of an “Unclassified Hazards” category; a definition is provided below.  The U.S. Chemical Safety Board recently released a statement supporting the Unclassified Hazard category to allow for inclusion of combustible dust hazards on safety data sheets and labeling.

“Unclassified hazard” means a chemical for which there is scientific evidence identified during the classification process that it may pose an adverse physical or health effect when present in a workplace under normal conditions of use or in a foreseeable emergency, but the evidence does not currently meet the specified criteria for physical or health hazard classification in this section. This does not include adverse physical and health effects for which there is a hazard class addressed in this section.

It should also be noted that EPA began to make amendments in November of last year to regulations for the "Protection in the Workplace" (40 CFR 721.63) and "Hazard Communication Program" (40 CFR 721.72) components of the Significant New Uses of Chemical Substances regulations at 40 CFR 721 to align them with the GHS changes in the OSHA Hazard Communications Standard.

Read More

Topics: Emilcott, OSHA, OSHA Compliance, EPA, hazards

Here is a handy table we recently created for our clients — a gentle reminder to get organized! Even if you miss a deadline, it’s better to start playing catchup as soon as you find out that you are not in compliance.

Read More

Topics: Emilcott, NPDES, OSHA, Emergency Planning and Community Right-to-Know Act, General Industry H&S, OSHA Compliance, General EHS, Construction H&S, EPA, EPCRA, Hazardous Waste Management, TSCA & R.E.A.C.H., TSCA, CDR, Toxic Substance Control Act, Biennial Hazardous Waste

Bringing in the New Year is always an exciting time for everyone. People enjoy setting new goals, looking forward to the journey that the New Year brings and starting that resolution they promise they are going to keep. While the New Year brings many things to look forward to, it also is a time where we look back at the year that has passed and take a moment to reflect on what has happened.

At Emilcott, 2011 was a successful year where we were able to tackle new projects, serve our clients and continue to respond to current industry issues in the environmental, health and safety field. Though we have had many great memories from 2011, we would like to mention some of the things that stood out most in our business for 2011.

Hurricane Irene – the immense and powerful Atlantic hurricane that left a path of destruction and devastation was something that definitely stands out in 2011. We remember this event not only because of the wreckage caused by the storm, but also because of the after effects. The staff at Emilcott recognized the importance of addressing the legacy of water intrusion and the promise of mold after the storm and stressed to clients the importance of “timing” to address how to respond to this problem, as well as the importance of selecting the proper remediation technique along with an EHS mold expert and Emilcott’s mold remediation strategy. (Read more: Hurricane Irene Leaves a Legacy of Water Intrusion and the Promise of Mold)

Energy Sector – Emilcott has been thrilled to be able to participate in many different initiatives within the energy sector.  Regionally important to the growth of our economy, the ongoing infrastructure improvements have given us substantial health and safety support work. In EHSWire during 2011 we addressed many occupational hazards as Occupational Heat-related Illnesses where we went over the symptoms that workers may experience, as well as what should be done if someone does experience these symptoms. Besides dealing with working conditions such as heat, Emilcott also provided information on the truths about occupational slips, trips and falls which ended up costing American businesses $13.67 billion in workers compensation costs in 2008. Adhering to proper safety protocols and preventing injuries is something that benefits businesses and their workers. OSHA provides a Walking/Working Surfaces – Safety and Health Topic page which provides links to all the applicable standards.

With issues such as heat affecting the health of workers to preventing injuries on job sites, Emilcott has seen our fair share of mishaps. Being able to share our experiences and knowledge with others never gets old. From teaching someone the hazards about working near a crane, or things you should do when working in certain environments, Emilcott has always tried keeping people in the loop. We even have a 10-Hour Construction Industry Outreach Training Course based on the requirements established by OSHA which is a very hands-on and interactive class that we recommend to avoid a future work related issue. (Read more: Work Near a CRANE? Learn the Hazards!)

9/11 Tenth Anniversary – focused the changes that have occurred since 9/11/2001 such as the new precautions that have taken place on the American Chemical Security issue.   The DHS (the Department of Homeland Security) has been increasing their focus on utilities and chemical facilities which may become targets for terrorist activities and the DHS Chemical Facility Anti-Terrorism Standard (CFATS) now requires completing and submitting a Top Screen analysis to the DHS.

The James Zadroga Act , which was authorized to broaden, renew funding and extend benefits to Ground Zero workers whose death was a result of exposure, is of great significance and has put new emphasis on the importance of proper real-time environmental site monitoring. New technologies are available to protect site workers and the public from exposure to hazardous substances such as those from the collapse of the WTC towers. (Read more: 9/11 Tenth Anniversary Focuses on American Chemical Security)

Toxic Substance Control Act (TSCA) – was of major importance not only to Emilcott, but also to facilities who are manufacturers or importers of chemicals in amounts of 25,000 pounds or greater. With so many questions regarding TSCA and the changes, Emilcott decided to put on a free webinar along with posting a number of blogs that answered many of the concerns our clients had. Emilcott was able to use its expertise and help many clients with TSCA compliance questions and concerns regarding the developments of IUR reporting and reporting obligations in 2011 for the calendar year 2010. (Read more: August 2011 Update on the TSCA IUR-now-CDR Rule)

Though Emilcott has had many remarkable memories of 2011, we felt these 4 really left an impression on our business. Emilcott is privileged to know that we were able to assist our clients in many different businesses not only in 2011, but throughout our history. Emilcott looks forward to a productive 2012 and we are excited to see what this year has in store for us.

Do you have any environmental, health or safety concerns for 2012? If so, please share them with us below!

Read More

Topics: Emilcott, OSHA, health and safety, CFATS, Hazardous Materials, worker safety, Occupational Health, Occupational Safety, TSCA, Toxic Substance Control Act, Uncategorized, Mold

By John DeFillippo, EMT-B, CHMP

The CDC reports that each day more than 2,000 U.S. workers receive some form of medical treatment due to eye injuries sustained at work. More than 800,000 work-related eye injuries occur each year. Most of these injuries result from objects entering the eyes, but many are caused by chemicals. Wearing appropriate eye protection and working safely go a long way toward preventing these types of injuries. However, because nothing is 100%, OSHA requires certain areas in the workplace where chemicals are used or stored to be equipped with emergency eyewash stations and, in some cases, emergency drench showers. The OSHA Medical Services and First Aid Standard covering this area [29 CFR 1910.151 (c)] states:

"Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use."

If you are working with or storing corrosive materials your facility must have such installations.  Like a fire extinguisher on the wall, you hope you never need an emergency eyewash station, but you’d better be able to get to it and it had better work when there is a need. It’s important to know that chemical burns and damage start immediately upon contact. The sooner the rinsing starts, the less damage will occur.

The main function of rinse stations (portable or fixed) is first aid, and it is only step one. Immediate and appropriate medical treatment is the next step  -- whether it is calling 911 or transporting the injured person to the nearest medical facility.  Someone from your facility, preferably a manager, should stay with the injured worker and have a copy of the MSDS and any incident information that could be helpful to the medical personnel.

Emilcott staff work at a variety of industrial, commercial, construction and other hazardous sites. For many facilities and jobs, an eyewash station is an essential part of the health and safety plan. As an EMT and CHMP, these are some of the questions I ask when assessing the suitability of flushing stations:

• Do area workers know where emergency eyewash and shower stations are located, AND how they operate?


• Are the stations accessible? Not blocked or obstructed?


• The route to all flushing stations must be clear and the locations boldly marked; could everyone get to a station when needed—FAST and possibly without looking?


• Has the equipment been inspected and tested monthly? Has this been documented?


• Is the system plumbed with fixed piping? Or is it a stored liquid type? The former must be flushed and the latter must have its water supply treated so that it remains stable. Both must be capable of delivering at least 15 minutes worth of flow.


• Is the water at a comfortable temperature?

While there are many products on the market, we recommend the Speakman Gravityflo® Portable Eyewash & Drench Station and use one as a training tool for students in our Hazardous Waste Operations / Emergency Response training courses.  An important component in an effective HazWOPER (and all H&S) training program is the hands-on experience so that students know what to expect in the field. Instead of a slide on an eyewash station, we roll our portable unit to the front of the class or outside for the field exercise, show them how to use it and why it is critical for the eyewash station to be close, ready, and working in the event of an emergency. If your  job function is near where chemicals are used or stored, you should know as much about your nearest eyewash station as our students do!

If you work at a site with corrosive materials present, how available are emergency flushing stations?  Can these stations be accessed within 10 seconds? Has anyone ever showed you how to use it…blindfolded?

Read More

Topics: OSHA, First-Aid, General Industry H&S, OSHA Compliance, General EHS, Construction H&S, Emergency Response, H&S Training, Hazardous Waste Management, protection, eyewash, emergency, drench, corrosive, flush, Lab Safety & Electrical, injury, eye

Ed Pearl

If you have a giant stack of the best personal protective equipment (PPE), but don’t use it, or just as important, don’t use it properly, are you trying to become an OSHA statistic? Knowing how to protect yourself from occupational hazards is a critical part of your job.

A Real Life PPE Correction

A few years ago, I was taking my annual HazWOPER 8-Hour Refresher class and a fellow student shared his story about PPE.

Part of his job was to open and close valves that allowed aviation fuels to flow to pumps used to fill airplane fuel tanks. As most of these valves were in confined space vaults without proper ventilation, he was often exposed to fuel vapors. After complaining about the headaches and dizziness that he was experiencing, his employer had him fit tested for a respirator. However, even with the proper-fitting respirator, he still had the same symptoms of overexposure.

Why didn’t the respirator control the exposure?  As a health and safety professional, the answer was obvious to me! I asked him, “What type of cartridge are you using?”

His reply, “I am using what was given to me.” Two days later he called me to tell me that he had been given HEPA filters – the WRONG cartridge for his petroleum vapors.

Instead he should have been using organic vapor cartridges. Without correction, this COULD have been become a very dangerous problem – just because of the wrong cartridge in the right respirator.

Proper Protection: Where Do You Start?

A perfect place to start understanding how to protect yourself is to know what you are dealing with on the job.

1. What are the potential hazards? Is there more than one? Not sure? Ask questions! Make sure that you understand the hazards and risk before you are satisfied?


2. Are there chemicals? Read material safety data sheets (MSDS) which have standardized information required by OSHA. MSDSs for all chemicals at your worksite must be made available by your employer for your review.  So that you, the worker, can read about the chemical hazards’ AND methods of protection. It’s the law!


3. Review your job duties and PPE with your job site safety officer or a health and safety professional.

Proper Protection:  A Quiz

Q: If a person is working with an acid and they are wearing cloth gloves, who are they protecting?

A: Nobody!  The proper glove is a “chemical resistant” polymer for protection from acids (usually a neoprene or polyvinyl chloride (PVC) glove). Depending on the risk of splash, this worker may also need goggles, a face shield, and chemical resistant garments (apron, or partial or full body protection).

Q: If a worker is welding and only wearing a face shield designed for grinding, are they properly protected?

A: Absolutely not! The proper protection for a welder includes a welding shield equipped with filter lenses that have a shade number appropriate for the welding operation

Q: What happens when you wear a respirator that is not properly fitted?

A: You are potentially letting in the very substance you are SUPPOSED to be protecting yourself from! OSHA mandates that all required use respirators be tested for proper fit using “fit test” procedures detailed in the OSHA Respirator standard (1910.134).

The point is, there is the right PPE for the job…know what it is, and use it correctly!

Proper Protection:  Personal Responsibility

Today, information is at our fingertips on ALL subjects including PPE. Take the time to hunt around and find the information you need to properly protect yourself. There are all types of online courses and local resources including those provided by unions and insurance companies that welcome your questions and interest. Whether it’s the Internet or real, live health and safety professionals, ask questions to ensure that your PPE is right for you and the hazards you encounter.  If you find out that don’t have the proper PPE, don’t do the job or you’ll eventually become an OSHA statistic – or worse!

Read More

Topics: OSHA, Personal Protective Equipment, General Industry H&S, OSHA Compliance, General EHS, Construction H&S, H&S Training, cartridge, construction, respirator

by Paula Kaufmann

When providing guidance on the selection and use of PPE, it is critical for occupational safety and health experts to understand not only the technical issues surrounding the use of PPE as an exposure control method, but also the regulatory compliance burden placed on the employer.  I recognize that “just” complying with OSHA standards is not equivalent to meeting industry best practices, but is important to understand the what might be considered the ‘back-bone’ of PPE programs in the US.

In February, OSHA announced the publication of an update of “ Enforcement Guidance for Personal Protective Equipment (PPE) in General Industry”.  This update establishes OSHA’s general enforcement and guidance policy for its Standards addressing PPE.  The PPE Standards had been revised by OSHA in 2007 and 2009.  These changes had not been reflected in the former enforcement Instruction.

The updated information provided to the OSHA Compliance Officers is helpful for all of us to review.  The revised OSHA Enforcement Guidance spotlights the following:

• Employer-provided (purchased) PPE requirements (Who, What, Which)


• Clarification of payment requirements for PPE worn off the jobsite, for PPE that must remain at the jobsite, and for employee-owned PPE.

Who: Employers must provide PPE to all affected employees with an established employer-employee relationship. These employees include short-term employees which may be referred to as temporary employees, piece workers, seasonal employees, hiring hall employees, labor pool employees, or transient employees.

What: Employers must pay for PPE that is required to comply with OSHA Standards, except in the limited cases specified in the Standards. Employers must provide, at no cost to employees,  the PPE that is necessary to protect against the hazards that the employer is aware of as a result of any hazard assessments required and specified in the OSHA standards.  An employer must provide, at no cost to employees, upgraded PPE that the employer chooses to use to meet OSHA PPE requirements.

Which: OSHA is updating the references in its regulations to recognize more recent editions of the applicable national consensus standards, and is deleting editions of the national consensus standards that PPE must meet if purchased before a specified date. In addition, OSHA is amending its provision that requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard.

So – what PPE must employers provide with no cost to their employees? And what PPE are employers not obligated by OSHA to purchase for use by the employees? It can be confusing!  The following is a list of examples and exceptions:

• those highlighted in GREEN are “must purchase” items


• those highlighted in red are “not required” to be purchased by the employer.

In most cases, the determining factor for “who pays for the PPE” is whether the PPE is required to comply with a specific standard.  The outcome of site-specific PPE hazard assessments will determine what PPE is required. (Some of the exceptions seemed counter-intuitive to me ... what do you think?)

PPE that an Employer Must Purchase (when required to comply with a standard)

• Metatarsal foot protection


• Chemical resistant boots with steel toes


• Shoe covers – toe caps and metatarsal guards


• Non-prescription eye protection (safety glasses)


• Prescription eyewear inserts/lenses for full-facepiece respirators


• Prescription eyewear inserts/lenses for welding and diving helmets


• Goggles


• Face shields


• Laser safety goggles


• Firefighting PPE (helmet, gloves, boots, proximity suits, full gear)


• Hard hats


• Hearing protection


• Welding PPE


• Items used in medical/laboratory settings to protect from exposure to infectious agents (aprons, lab coats, goggles, disposable gloves, shoe covers)


• Non-specialty gloves for protection from dermatitis, severe cuts/abrasions.
  
  
  
  • Payment is not required if they are only for keeping clean or for cold weather (with no safety or health considerations)
  
  
  
  


• Chemical-resistant gloves/aprons/sleeves/clothing


• Encapsulating chemical protective suits


• Aluminized gloves


• Rubber insulating gloves


• Mesh cut-proof gloves, mesh or leather aprons


• Self Contained Breathing Apparatus, atmosphere-supplying respirators


• Air-purifying respirators


• Personal fall protection


• Ladder safety device belts


• Climbing ensembles used by linemen (for example, belts and climbing hooks)


• Window cleaners’ safety straps


• Personal Flotation Devices (life jackets)


• Reflective work vests or clothing


• Electric arc and flame-resistant garments

Some exceptions to the employer purchase requirement:

Non-specialty PPE - if the employer allows the employee to wear it off the job site

Footwear

Read More

Topics: OSHA, Personal Protective Equipment, General Industry H&S, General EHS, Construction H&S, H&S Training, Compliance, General Industry, employer, purchase, employee, requirements