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Dairy LEP WebinarInspection ProcessUW – Extension

December 6, 2011

Dairy LEP: Inspection Selection 12 Inspections Statewide 3 per Area Office DATCP ( 2 sites )

(Dept. of Ag, Trade and Consumer Protection) 12,500 Licensed Milk Producers in WI

CAFO ( 1 site ) Concentrated Animal Feeding Operation DNR based list: (Animal Waste Rules)

> 180 Sites > 1,000 Cows

RANDOM NUMBER TABLE

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Inspection Priorities Inspection Types:

ID - Imminent Danger

FAT/CAT-(Fatality/Catastrophe)

Complaint / Referral

General Schedule

Fatality / Catastrophe Fatality: One or more

Catastrophe:

3 or more Hospitalized ( admitted )

ER must report to OSHA w/in 8 hours. OSHA Hotline. 1-800-321-OSHA

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Complaints Formal Signed by a present employee or representative of

employee

Request on-site inspection

Non-Formal or Investigation Phone/Fax

ER responses in writing in 5 days

Employee Rights Request OSHA investigation

Name withheld from ER –complaint

Talk with compliance officers

Participate in inspection and after inspection action.

Offered Whistleblower Protection 11( c)

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Employee Rights

Review OSHA standards, rules and regulations available in the workplace.

Request information from ER on S&H hazards, precautions, emergency procedures,

Receive adequate training and information

Section 11(c)

Firing or laying off

Blacklisting

Demoting

Denying overtime or promotion

Disciplining

Denial of benefits

Failure to hire or rehire

Intimidation

Reassignment affecting future promotions

Reducing pay or hours

Discrimination can include:

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Referral Another Agency

Wage & Hour has Temporary Camp Jurisdiction and can refer to OSHA

Police or Coroner

Another CSHO Have done Health Referral for Formaldehyde (Foot

Baths)

Self-Referral – “Drive-By” Limited in Dairy

General Schedule General Industry

Construction

Emphasis Programs LEP

NEP

SEP Lead, Falls, Silica, Isocyanates, Plating, Concrete,

SST, PIV

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CSHO Protection Field Hazard Bulletin Developed Lists Hazards and Precautions

PPE: Inform CSHO of any Site Specific Requirements

No Exposure to Hazards No entry Confined Spaces

WILL BE ACCOMPANIED BY MANAGEMENT PERSONNEL!

Bio- Security Concerns:

OSHA Personnel Trained

Equipped with Boots and means to wash

International Travel has been reported

Initial Contact when Arriving on Site

Farm Policy Signage….Office Area, Visitors, etc.

Discuss Policy/Concerns w/ CSHO

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CSHO Compliance Safety and Health Officer

Safety and/or Health Disciplines

Authorized to Enter Workplace Without Advanced Notice Have a Plan to notify manager/owners if OSHA shows up

Inspect & Investigate Conditions

Question Privately Employees and Employer

On-Site Inspection Presentation of Credentials

Opening Conference

Records Review

Program Review

Walkaround

Closing Conference

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Recordkeeping Employers of 11 or

more employees must maintain records of occupational injuries and illnesses

1904.2 -Recordkeeping All industries in agriculture,

construction, manufacturing, transportation, utilities and wholesale trade sectors are covered

1904.1 – Size Exemption: If your company had 10 or fewer

employees at all times during the last calendar year, you do not need to keep the injury and illness records unless surveyed by OSHA or BLS

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Agricultural Standards: 1928 1928.51

Roll-over protective structures (ROPS) for tractors used in agricultural operations.

1928.57 Guarding of farm field equipment, farmstead equipment,

and cotton gins.

1928.110 - Field Sanitation.

Employee Operating Instructions1928 Subpart C App A 1. Securely fasten your seat belt if the tractor has a ROPS.2. Where possible, avoid operating the tractor near ditches, embankments, and

holes. 3. Reduce speed when turning, crossing slopes, and on rough, slick, or muddy

surfaces. 4. Stay off slopes too steep for safe operation. 5. Watch where you are going, especially at row ends, on roads, and around

trees. 6. Do not permit others to ride. 7. Operate the tractor smoothly - no jerky turns, starts, or stops. 8. Hitch only to the drawbar and hitch points recommended by tractor

manufacturers. 9. When tractor is stopped, set brakes securely and use park lock if available.

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General Industry When Referenced in 1928.21(a) 1928.21(b) Except to the extent specified in paragraph (a) of this section, the standards contained in

Subparts B through T and Subpart Z of part 1910 of this title do not apply to agricultural operations.

1928.21(a): The following standards in part 1910 of this Chapter shall apply to agricultural operations:

1928.21(a)(1): Temporary labor camps - 1910.142;

1928.21(a)(2): Storage and handling of anhydrous ammonia - 1910.111(a) and (b);

1928.21(a)(3): Logging Operations - 1910.266;

1928.21(a)(4): Slow-moving vehicles - 1910.145

1928.21(a)(5): Hazard communication - 1910.1200

1928.21(a)(6): Cadmium - 1910.1027

1928.21(a)(7): Retention of DOT markings, placards and labels - 1910.1201

General Duty Clause Section 5(a)(1) of the

Act "...that each employer shall

furnish...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."

Applies when there is no specific standard

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General Duty Clause Elements

Employee Exposure

Serious Hazard

Knowledge

Abatement Method

Recognition

5(a)(1) Manure Pit HazardSection 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of

employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to immersion drowning hazards due to an unguarded underground manure storage pit pump access point:

(a) Outdoor manure storage pit; An open manure pump access point lacked guarding to prevent accidental employee entry.

AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE MEANS OF ABATEMENT WOULD BE TO;

1) FOLLOW ASABE (AMERICAN SOCIETY OF AGRICULTURAL AND BIOLOGICAL ENGINEERS) PUBLICATION EP470 "MANURE STORAGE SAFETY, JANUARY, 1992 (R2005), PARAGRAPH 5.1.5;

2) COMPLY WITH THE GUIDELINES OUTLINED IN WI NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE, STANDARD NO. CODE 634 "MANURE TRANSFER" SECTION 4 (A) AND STANDARD # 313 "WASTE STORAGE FACILITY" SECTION 11(A);

3) COMPLY WITH THE ANSI (AMERICAN NATIONAL STANDARDS INSTITUTE) STANDARD A1264.1-2007, SAFETY REQUIREMENTS FOR FLOOR AND WALL OPENINGS, RAILINGS, AND TOEBOARDS, SECTION 3, WITH REGARD TO GUARDING OPEN PITS;

4) FOLLOW THE GUIDELINES OF THE UNIVERSITY OF WISCONSIN EXTENSION PUBLICATION A3675 "SAFETY CONSIDERATIONS FOR MANURE HANDLING" BY MARK A. PURSCHWITZ.

Abatement note: Abatement certification and documentation are required for this item.

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Hazards Identified in LEP

Manure Storage and Collection Structures Dairy Bull and Cow Behavior / Worker Positioning Electrical Systems Tractor Operation Guarding of Power Take-Offs (PTOs) Machine Guarding: Field and Farmstead Equipment Lockout – Unexpected Energy Release Hazard Communication Confined Spaces Horizontal Bunker Silos Noise

Top Four Construction Hazards90% of Injuries and Deaths

Falls, (e.g., floors, platforms, roofs)

Struck by, (e.g., falling objects, vehicles)

Caught in/between (e.g., cave-ins, unguarded machinery, equipment)

Electrical (e.g., overhead power lines, power tools and cords, outlets, temporary wiring)

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Legal Sufficiency –Documentation of Violations Violation: Exposure to Hazard

Activity

How often

Training

Exact Distances

Hazard Cause Harm

Employer Knowledge

Existing Standard

Post Inspection Element Citation Issuance

Classification Penalties

Appeal Process Informal Conference Contest Rights

Final Order Abatement Submission

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Gravity-Based Penalty

OLD New

High/Greater $5,000 or $7,000 $7,000

Medium/Greater $3,500 $6,000

Low/Greater $2,500 $5,000

High/Lesser $2,500 $5,000

Medium/Lesser $2,000 $4,000

Low/Lesser $1,500 $3,000

Contractors On-SiteLEP allows Inspection

Multi-Employer Worksite PolicyCPL 02-00-124 - CPL 2-0.124 -Multi-Employer Citation Policy.

12-10-99

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2024

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Who’s Problem is it?

Who’s Problem is it?

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It’s Everyone’s Problem!!! Creating

Who maintained the pump?

Exposing Who’s Employees Use The Pump?

Correcting Who Was to Fix the Pump?

Controlling Who Has Oversight/Authority for The Project?

Wage and Hour InteractionTemporary Labor Camps

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Youth Safety Issues/ConcernsDOL Wage & Hour

EPA

The Environmental Protection Agency (EPA) has jurisdiction over employee protection relating to pesticides (which also includes herbicides, fungicides, and rodenticides).

The EPA Worker Protection Standard (WPS), 40 CFR Part 170, protects employees on farms from occupational exposure to agricultural pesticides which includes provisions for personal protective equipment (PPE), labeling, employee notification, safety training, safety posters, decontamination supplies, emergency assistance, and restricted field entry.

OSHA has no authority to issue any citations related to pesticide exposures, pursuant to Section 4(b)(1) of the OSH Act.

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DOT for Public Highways Section 4(b)1 OSHA is

preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.

For example:

While traveling on public highways, the Department of Transportation (DOT) has jurisdiction.

Possible Expansion to Grain Activities

If postharvest activities/operations are being conducted at the site (see Section C, Jurisdiction), an inspection of these operations may be conducted at the discretion of the Area Director in accordance with the Region V LEP for Grain Handling Facilities, CPL 04-00 (LEP17).

Post Harvest is not “agriculture”, No size or family exemption exists.

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Region VLocal Emphasis Program for Grain Handling Facilities

Region VLocal Emphasis Program for Grain Handling FacilitiesCPL 04-00 (LEP 017) August 02.2010

Warning Letter to Grain Industryhttp://www.osha.gov/asst-sec/Grain_letter.html

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S&H Top Hazards: Grain LEP

• Engulfment

• Auger Entanglement

• Struck By

• Fall Protection

• Electrocution

• Combustible Dust Explosions

QUESTIONS