OSHA Standard: 1926.64
Training Requirement: Initial training is required for each employee involved in operating a process of highly hazardous chemicals BEFORE being involved in that operation. Refresher training shall be provided at least every three years, and more often if necessary.
Training Documentation: The employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
Training: All employees, including maintenance and contractor employees, involved with highly hazardous chemicals need to fully understand the safety and health hazards of the chemicals and processes they work with for the protection of themselves and others. The operating procedures are often viewed as the standard operating practices (SOPs) for operations. Control room personnel and operating staff, in general, need to have a full understanding of operating procedures.
Training in subjects such as operating procedures and safety work practices, emergency evacuation and response, safety procedures, routine and nonroutine work authorization activities, and other areas pertinent to process safety and health will need to be covered by an employer’s training program. Because of this this, hands-on-training is strongly encouraged to be used.
Training evaluations are strongly encouraged. If, after the evaluation, it appears that the trained employees are not at the level of knowledge and skill that was expected, the employer will need to revise the training program, provide retraining, or provide more frequent refresher training sessions until the deficiency is resolved.
Audits: Employers need to select a trained individual or assemble a trained team of people to audit the process safety management system and program. The audit is to include an evaluation of the design and effectiveness of the process safety management system and a field inspection of the safety and health conditions and practices to verify that the employer’s systems are effectively implemented.
Evaluate: Employers need to periodically evaluate their training programs to see if the necessary skills, knowledge, and routines are being properly understood and implemented by their trained employees.
Subpart: D – Occupational Health and Environmental Controls
OSHA Standard: 1926.59/1910.1200
Occurrence: Initially upon assignment.
Frequency: As chemicals, conditions or roles change.
Training Style: Hands on training, toolbox talk, classroom instruction.
The purpose of this section is to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees. This standard is to be consistent with the provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 3. The transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, safety data sheets and employee training.
Employers are required to provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area.
Employees shall be informed of:
Employee training shall include at least:
Employees are expected to take an active role with the training and ask questions as they arise. They are also expected to ensure that they do not perform task that they have not been trained or is outside there scope of work.
Contact STAC for assistance if you have any questions!
Training has become a strong focus recently in the construction industry to reduce accidents and injuries. Studies have proven that training not only provides a more competent workforce, but also a safer work environment. Another motivating factor is fines from the result of OSHA citations. In the 2017 top 10 list, 4,174 of the citations were training related. If those were all compiled into one standard, it would have been the 3rd most frequently cited standard in 2017. But, when is training required? When is refresher training required? What documentation is needed? What resources are available?
When is Training
Most people are familiar with, and already have training programs for, aerial lifts, rigging & signaling, and powered industrial trucks. But, just to name a few others, hand & power tools, stairways and ladders, occupational noise exposure, fire protection, and employee emergency action plans also require a written training program.
What about earth moving equipment, golf carts, and other equipment with no direct OSHA standard? 1926.20(b)(4) states that “the employer shall permit only those employees qualified by training or experience to operate equipment and machinery.” This proof of competency is accomplished through the creation of a written training program. The focus of this program is the recognition and avoidance of hazards and unsafe conditions related to the task. Elements needed in the program include the type of instruction, practical training, and evaluation methods used. Each employee that could be assigned that task or exposed to that hazard must be trained, if not that could be considered a separate violation. It is the responsibility of the employer to document and prove competency. Depending on the type of training, toolbox talks can also be used.
When is Refresher Training Required
Refresher training can be broken down into three categories: OSHA driven, accident/injury driven, and company driven. The following OSHA standards require annual training refreshers: bloodborne pathogens, confined space rescue team, hazardous waste operations and emergency response (HAZWOPER), occupational noise exposure, and respiratory protection. Toxic and hazardous chemicals all require at least initial training; the following hazardous chemicals require annual training: acrylonitrile, asbestos, benzene, butadiene, cadmium, carcinogens, coke oven emissions, ethylene oxide, formaldehyde, inorganic arsenic, lead, methylenedianiline, & vinyl chloride. First Aid/CPR requires refresher training every 2 years. Process safety management and powered industrial trucks require refresher training every 3 years. Aerial lift refresher should occur every 4 years.
Refresher training can also be required in the event of an accident, injury, or near miss. This category includes: when an operator of a vehicle or equipment is observed using it in an unsafe manner, the operator has received an evaluation that reveals the operator is not operating safely, the operator is assigned a different vehicle or equipment, or as workplace conditions change that affect safe operation of the vehicle or equipment.
Finally, the company has the ability to implement their own refresher training dates, as long as they minimally meet the OSHA standards.
Training Documentation Required
The documentation needed for training varies for each standard. But, at a minimum the following information is required. (1) Name and signature of the trainer; (2) Name of the employee (signature is not required); (3) Date of training; (4) Subject of training; (5) Proof of competency and date of evaluation. This proof of competency can be a written test, practical evaluation sheet, or a combination of both. Another critical piece of documentation is the availability of the records. The employer is required to make the training records available to employees and upon request to the Assistant Secretary and the Director for examination and copying. These training documents must be produced within 4 hours of being requested. The storage of records should be maintained for a minimum of 3 years after the date of training. Only the most current training records need to be stored. Failure to document employee safety training can lead to OSHA citations and fines in the event of an OSHA inspection or in an accident investigation.
Training resource information can also be broken into 4 categories: manufacturer, Insurance agencies, suppliers/dealers, and regulatory agencies. Manufacturers’ create manuals and other safety information that explains safe operating standards and training requirements for the equipment or machinery. OSHA relies on these manuals in the absence of written standards when writing citations. Insurance agencies can provide written training programs and even training in some cases. Equipment and tool dealers also can provide written programs and competent person training. Regulatory agencies, such as OSHA or ANSI, produces a multitude of great resources and publications. The best resources for OSHA training requirements is OSHA 2254 publication “Training Requirements in OSHA Standards.” This publication is the compilation of all OSHA standards in general industry, maritime, construction, agriculture, and federal employee programs that have training requirements.
Reposted from constructionexec.com, May 18, 2018, a publication of Associated Builders and Contractors. Copyright 2018. All rights reserved.
$5,591,284 from 2,965 OSHA citations for lack of training or training documentation. Contact STAC to ensure peace of mind and prevent an OSHA citation!
As a core value of business, both in construction and other industries, most will rank safety as a top priority. In construction, many top contractors have accepted and implemented safety oriented cultures and programs to promote going home in the same way they came to work. STAC Enterprises is producing this report because we too believe safety should be a top priority for every business. By partnership in every safety culture, whether it be an industry association or individual companies, we look to set and improve the standard on safety accountability. In this report, information from the latest U.S. Bureau of Labor Statistics will be displayed and discussed to allow other contractors to use as a baseline to benchmark against. By making this information readily available and palatable on a local level, we can start the conversation to assist companies in a benchmarking process and improve awareness in the local area.
Beginning on a national level, the report will then focus primarily on the Ohio, Kentucky, and Indiana “Tri-State” area. We want this report to be a conversation starter while encouraging our local industry associations to start benchmarking with one another and begin sharing as an industry how we bring these numbers down in the local area. As the information provided from the 2016 and previous years releases is primarily lagging indicators, the complete picture cannot be grasped without the help of additional contractor input. In future releases, the goal is to also obtain and reveal best practices from local contractors for other industry partners to emulate. Through collaboration and technology we can improve our local area by improving business practices and improving people’s lives.
Nonfatal Information: In the latest Survey of Occupational Injuries and Illnesses, the private industry sector had an all-time low in the number of reported nonfatal workplace injuries and illnesses. Companies in 2016 reported nearly 48,500 fewer nonfatal injury and illness cases in 2016 than the previous year. This decline has been a continued pattern for over a decade. The construction industry also experienced an all-time reported low in incident rates per 100 full-time equivalent (FTE) workers. Below in Chart 1 the overall private industry is compared with construction and manufacturing over the last decade.
Although the total number of reported incidents were lower, the number of more serious occupational injuries and illness was slightly higher as the days away from work was essentially unchanged from 2015. In regards to construction, there were roughly 1,200 fewer reported occupational injuries, although the number of incidents with days away from work, job transfer, or restriction increased by roughly 3,000 from 2015 as seen in Table 1. The overall incident rates for both characteristics of incidents, days away from work, job transfer, or restriction and other recordable cases are both down for the year 0.1 and 0.2 respectively.
The question comes to mind, have we really gotten better, or just better at reporting? General contractors in an effort to reduce incident rates and improve response time are putting EMS professionals on site, which provides better first aid care to the individuals, yet essentially removes the smaller first aid reporting which would sometimes show on a OSHA Log. Likewise, employers have begun to seek more knowledgeable healthcare facilities which would choose to use first aid measures that are not recordable versus those which would have traditionally used stitches, or prescribed some type of medication or ointment. Does this explain the full picture or is there more for the story to tell? Seen as forward progress due to the lower incident rate, one would believe that the overall industry would be getting much safer although the next set of statistics may point in the opposing direction.
With an industry in need of skilled workers, those that would traditionally retire have continued to stay and work while the industry continues to recruit. Unfortunately, 2016 reported an increase in fatalities of construction workers over the age of 55. Vehicular accidents also increased by 39% for the construction industry meaning workers are increasingly being impacted on their commute to projects. This information may have also been the reason first line supervisors had the highest fatality count since 2003.
The fatal four; falls, struck by, caught in between and electrocution once again claimed the most lives in 2016 for construction with nearly 2/3 of all fatalities. Occupations such as roofers and structural steel ironworkers experienced death counts of 101 and 16 respectively, both the highest counts since 2003 for each occupation. Lastly an increase in workplace violence contributed to such historically high rates in this decade.
Although the fatality rates have remained the same for the industry as a whole, the loss of nearly 1,000 construction workers in a year is unacceptable and must be decreased. What can we do to decrease these numbers? Is it training and education, is it better equipment or tools, or is it culture that needs improved? Reports from Dodge Data and Analytics, as well as the Associated Builders and Contractors indicate that a strong safety program lead by upper management and shown by example have a strong correlation with reduced injuries and incident rates for contractors. Has your organization truly adopted the practices in which they claim to take to heart or is it another box to check for an owner, general contractor or compliance agency? How is this attitude locally?
Tri-State Outlook (Ohio, Kentucky, and Indiana)
Employment Information: The common theme of the Tri-State area is simple – as an industry we can’t find enough people to do more work. Seems like everyone is busier than a one armed wallpaper hanger. This information is reflected in the most recent employment and unemployment rates for the Cincinnati Area. Currently the construction industry employment in the Tri-State region is near the highs of 2008 at the beginning of the Great Recession shown in Chart 2. Employment for the construction industry has been on a steady climb from its lowest depression in 2010. This information also closely corresponds with the regional unemployment rate below the national average and the regional statewide averages. As seen in Chart 3, the Cincinnati Area unemployment rate dropped 5% or 0.2 from November 2016 to November 2017, less than the national average of 11%. With such an increase in work and employment, is the safety related information keeping in line with national standards?
Safety Statistics: The three states, Ohio, Kentucky, and Indiana, within the tri-state region, all are at or below the national average for construction when it comes to total recordable cases (TRIR). The OSHA Recordable Incident Rate (or Incident Rate) is calculated by multiplying the number of recordable cases by 200,000, and then dividing that number by the number of labor hours at the company. Ohio, with the worst of the three states, matches the national average of 3.2. Kentucky, then Indiana come next in line with 2.9 and 2.8 respectively. Indiana also has the best average for specialty trade contractors at 2.9 which is below the national average of 3.5
Shown in the Reference Table below, one can see most of the individual trades or other sub-sectors of the industry are not reported on a state by state basis. Ohio though, has the best in the tri-state for highway construction and finishing contractors with rates of 1.9 and 1.4 which are well below the national average of 3.5 in both of those selected industries. Local contractors and industry association safety initiatives may be assisting the efforts to reduce overall incidents and safety indicators on local projects. Service in your local area, transparency between contractors, accountability within your organization and collaboration with local and regional trade associations is key for a strong safety culture. Take these statistics to heart and promote safe work practices today. As an industry we must remove our incidents, fatalities and the mindset that safety is not a top priority!
I’m sure that you are aware of the OSHA Act of 1970: General Duty Clause 5(a)where it states the employer requirement, but are you aware of Section 5(b)?
(a) Each employer -
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
What is sometimes lost in the world of safety is section 5(b) of the general duty clause and we only focus on 5(a). Partially the reason is that OSHA is going to cite the company, not the employee for working in an environment where a hazard occurs. But, if the employee knowingly put himself or herself at risk and violates company and OSHA policies, the company might not be cited.
For instance, a recent case in Florida saw the judge vacate a general duty cause citation after an employee was struck by a reversing bulldozer. The reasoning—the Department of Labor representatives failed to establish that any of the workers were exposed to the struck by hazard, according to the Judge. Meaning, the employee knowingly put himself at risk against company polices.
Cases like this show that 5(b) was intended to protect the company in cases where employees knowingly put themselves at risk, failure to follow their company training on hazards, and OSHA standards. So, what does this mean? Employers need to ensure they are giving the proper tools to their employees to spot these hazards. These tools include:
1)Pre-Planning, Pre-Planning, & more Pre-Planning: The failure to pre-plan and communicate with the safety professional is not the fault of the safety personnel when he/she shuts down operations due to safety hazard.
2)Training: It is important that workers are trained to recognize the hazards and the task they are being asked to perform.
3)Empowerment: Once workers have the training in recognizing hazards, they need to have the ability to feel like they are empowered to be able to stop work that puts that at risk.
4)Write-Ups: The dreaded write-ups, the hardest thing to do. It is important that safety professionals write-up employees that choose to take risk, without being asked, and create a hazardous work environment. Writing employees up and maintaining these records can be crucial when a company does have an incident and they can show that they write individuals up for failure to comply with 5(b) and company policies.
5)Sustain: The hardest part is ensuring that these principles are constantly maintained and if needed improved upon. Never get in the mindset of this is business as usual.
The training tracking piece with then STAC system has the capability to allow for these tools to be put into action. A major piece in pre-planning is quickly knowing which employees are trained for what task and what further training that employees might need. Additionally, when each employee receives their own STAC card it is a representation of how serious the company takes safety and empowers them to know what training they have and when it expires.
So, what are your thoughts on 5(b)? Have you ever heard of it? What is the current policy that you use to ensure employees are compliant with this law?
OSHA Act of 1970: General Duty Clause
(a) Each employer --
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
I’m sure that any safety professional can recite the General Duty Clause just like reciting the chorus from Don’t Stop Believing from the band Journey (a song that my wife tragically banned from our wedding). But, how often have we seen or worked in places with hazards and not reported or corrected the issue?
A study by the Rand Corporation produced startling facts about the American workplace. One-half of American workers reported exposure to unpleasant and potentially hazardous working conditions. I will repeat it again, 50% of American workers work in an environment that is likely to cause physical harm or death. 66% reported working at high speeds or under tight deadlines with one-fourth stating they have too little time to do their jobs. And nearly 75% of American reported that their work included intense or repetitive physical exertion on the job.
These findings fit perfectly into the Bureau of Labor and Statistics on the 8 common workplace injuries: Lifting, fatigue, dehydration, poor lighting, hazardous material, workplace violence, trips and falls, and stress. Each of these common workplace injuries fit at least into at least one of the categories of hazardous work conditions, working at high speeds (rushing), and intense or repetitive physical exertion.
So, don’t stop believing, just because it’s a small-town girl or city boy doesn’t mean they should have to work in a hazardous work condition. We need to ensure that we are identifying and creating solutions to workplace hazards.
What have you found is the most effective in prevention or correcting workplace hazards? Do these statistics startle you? Or is that what you see in the workplace?
Have you ever been injured at work? - I have
Did you report you injury? - I didn’t
I’ll admit it, I have been injured twice at work, and both times I failed to report to my boss or the safety department about the injury. I will also admit that both incidents happened before I became a safety professional, so I think I should get some leeway.
The first injury occurred while I was working as a cleaner in a bakery. It was Christmas time and I was in a rush to leave. I didn’t realize that the metal rack had just been pulled out of the oven, so as I was sweeping around the racks my right forearm pushed against the rack instantly burning and causing second degree burns. At that time, I was proud of myself, I just burned my arm and didn’t even let out a yell, I merely went to the bathroom placed a bandage on the burn and continued working. On this instance I more than likely prevented an OSHA recordable by not saying anything or going to a doctor.
The second injury occurred while working as an environmental field technician. The injury occurred while working inside of a resin tank; the tank serious looked like something out of an alien movie. We did the correct procedure for confined space entry, but this tank was different. It was a top entry tank, but with a narrow opening – just big enough for my size 32 waist (with my arms up, while climbing down the ladder) to get in and no one else in the crew. The process involved hand cutting and scrapping the resin off the walls and agitator of the tank and put into a bucket. Within five minutes of being in the tank I cut my left index finger (through the latex and rubber glove) with the knife. I was not paying attention to the location of my hand in relation to the knife. I felt like an idiot. So, what do I do? I immediately took my glove off apply pressure and wrap the cut finger in the latex glove and continue working. I stay inside the tank cleaning it for the next 2 hours and get a band aid after I get out in which I failed to notify the safety manager. Although a deep cut, this one would have been first aid only, but, it had the possibility of being recordable if a doctor would have put me on restricted duty, which is possible since it was a labor type job that required the use of my hands every day.
Although the stories seem like isolated incidents, the data shows that as much as 70% of injuries go unreported or underreported in the workplace. An estimated 50% of injures go unreported in the construction industry alone. That means either the individual who was injured doesn’t report it or the safety professionals fails to report the injury on OSHA logs. But, there could be a number of different factors.
Although rare, more and more safety professionals are facing jail for falsifying injury data. Walter Cardin was sentenced to six and a half years in jail on 8 counts of major fraud against the United States for not reporting and misclassifying injury data. This falsification in the data allowed his company to receive $2.5 million in safety bonuses from the Tennessee Valley Authority.
One of the goals of electronic recordkeeping is to flush out the information and get a greater sense at the real injury data. Whether that happens, remains to be seen, but any increase in injury data will more than likely create a trigger from OSHA. The best advice is to be as honest as possible for peace of mind and to avoid potential jailtime. Besides training tracking, the STAC system is designed to store and create your OSHA 300, 300A, and 301 logs based on the injury information. Electronic recordkeeping is the future and the STAC system can give you peace of mind through electronic recordkeeping of injury information.
If you would like to know more about that OSHA logs in the STAC system let me know!
Vice President of Safety & Customer Service
As we make plans to wrap up this calendar year, we typically remember what we are thankful for throughout the year. As a country, we can be thankful from the most recent statistics released by the U.S. Department of Labor earlier last month. Although a lagging indicator, 2016 continued an ongoing decrease in nonfatal occupational injuries and illness rates for the private sector. The released total recordable incident rate for the private sector was 2.9 per 100 full-time equivalent (FTE) workers, a decrease in 0.1 cases per 100 FTE workers from 2015 which results in 48,500 fewer nonfatal injuries or illnesses. While in one sense this is great news, the drawback is that of those injuries that did occur, nearly 1/3 of them were more serious and resulted in days away from work.
Among the 18 private industry sectors provided by the Bureau of Labor Statistics, 4 had significant statistical changes. Focusing on the Manufacturing and Construction related industries specifically, each industry had significant change for the better—both experienced declines in the total recordable rate in 2016. Construction had a total recordable rate of 3.2 with the total days away from work, job transfer or restriction rate at 1.9. Manufacturing was slightly higher than construction with a total recordable rate of 3.6 and a rate of 2.1 for cases with days away from work, job transfer, or restriction. Manufacturing was only one of two sectors which had over 100,000 days away from work cases (118,050) yet it experienced a 4% decrease from 2015.
Although these are very broad numbers and aren’t down to the details, it paints a picture that as a country we are more aware and cognizant of safety in 2016 than we were in years past. In future articles we will drill down in the details and see what information we can glean from the information gathered over the past year.
Check out the information for yourself at News Release USDL-17-1482
The new effective date for electronic submission has been extended to December 15, 2017.
This applies to establishments with 250 or more employees and establishments with 20-249 employees that are classified in certain industries that have high rates of occupational injuries and illnesses.
State Exceptions: California, Illinois, Maine, Maryland, New Jersey, New York, South Carolina, Utah, Washington, and West Virginia – have not adopted the requirement to submit injury and illness reports electronically.
WHEN 20-249 Employees:
WHEN 250+ Employees:
There are three methods for data submission:
If this is something that you would be interesting in discussing let me know! Stay posted for me details.