Nick GleiterFor Alliance Occupational

May 16, 2012

3203 – Injury and Illness Prevention Program

3395 – Heat Illness Prevention 342 – Reporting Serious Injuries/Illnesses &

Fatalities 1509 – IIPP Construction 5194 – Hazard Communication

461 – Permits to Operate Air Tanks 2340.12 – Open Electrical Boxes, Cabinets,

Equipment 6151 – Portable Fire Extinguishers 2340.16 - Workspace About Electrical

Equipment 5162 – Eyewash Stations 3314 – Control of Hazardous Energy….aka

Lockout – Tagout 4070 – Guarding V-belts and Pulley Drives

Went into effect July of 1991 The most cited Cal/OSHA regulation Required of all employers in California Employer must establish (written), effective,

implement, and maintain

Element by Element

Authority and Responsibility

Methods of Compliance

Communication Hazard Assessment Correction of

Unsafe Conditions

Accident Investigations

Training Recordkeeping

◦ Safety Committee◦ Hazard assessment

& correction◦ Training

1. 3203 (a) no program!!!2. 3203 (a) (4) procedures for identify and

evaluating workplace hazards/scheduled periodic inspections

3. 3203 (b) (2) documentation of training records

4. 3203 (b) (1) documentation of scheduled/periodic inspections

5. 3203 (a) (6) Include methods/procedures for correcting unsafe/unhealthy conditions, work practices/procedures in a timely manner based upon severity of hazard.6. 3203 (a) (7) Providing training and instruction7. 3203 (a) (1) Identify the person (s) with authority and responsibility for implementing the Program8. 3203 (a) (2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP). The Program shall be in writing and, shall, at a minimum:

(1) Identify the person or persons with authority and responsibility for implementing the Program.

(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes:◦ recognition of employees who follow safe

and healthful work practices,

◦ training and retraining programs,

◦disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

(3) Include a system for communicating with employees in a form ◦ readily understandable by all affected employees

on matters relating to occupational safety and health,

◦ including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.

◦ Substantial compliance with this provision includes meetings,

training programs,

postings,

written communications,

a system of anonymous notification by employees about hazards, labor/management safety and health committees,

or any other means that ensures communication with employees.

EXCEPTION: Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees' job assignments as compliance with subsection (a)(3).

(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards.

(A) When the Program is first established;

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(C) Whenever the employer is made aware of a new or previously unrecognized hazard.

(5) Include a procedure to investigate occupational injury or occupational illness.

Find facts, not fault!! Who (was involved, else was there, are they)? What (was the condition, equipment, materials involved,

known hazards) ? Where (did it happen, layout, temperature, environmental

conditions)? When (was the accident reported, time, day, date)? How (did it happen, answers clear, ask more questions to

ensure clarity of response) ? Why (evolves from all the above questions/answers)?

(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

(A) When observed or discovered; and,

(B) When an imminent hazard exists which cannot be immediately abated without endangering employee's and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction: ◦ (A) When the program is first

established;

◦ (B) To all new employees;

◦ (C) To all employees given new job assignments for which training has not previously been received;

◦ (D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

◦ (E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,

◦ (F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

Same above elements plus:

◦ Code of Safe Practices - develop and post

◦ Tailgate safety meetings every 10 work days

AB 2774 - Connection to IIPP

Employee and supervisor training relevant to preventing employee exposure to the hazard or similar hazards (IIPP element #7)

Procedures for discovering, controlling access to and correcting the hazard or similar hazards (IIPP elements #4, #5 and #6)

Supervision of employees exposed or potentially exposed (IIPP elements #1 and #2)

Procedures for communicating to employees about the employer’s safety rules and programs (IIPP element #3)

IIPP

Fleet safety program

Fork lift safety program

HazComEmergency action plan

•Responsible

•Compliance/disciplinary actions

•Communication

•Hazard Assessment (Inspections)

•Hazard Correction

•Accident Investigation

•Training and Instruction

•Recordkeeping

Prevent confusion Increase

understanding Increase

accountability Maintain continuity

through staff changes Specific to your work

www.dir.ca.gov/DOSH/PubOrder.asp

Effective Effective

Cal/OSHA Injury Cal/OSHA Injury

& Illness & Illness

Prevention Prevention

ProgramProgramThe Big Binder The Big Binder

Safety ProgramSafety Program

9-1-1 Program9-1-1 Program

Accident Prevention ProgramAccident Prevention Program

Workers' Involved Safety ProgramWorkers' Involved Safety Program

Root Causes Found/FixedRoot Causes Found/Fixed

Near-Hits investigatedNear-Hits investigated

Affirmative DefenseAffirmative Defense

Program never leaves the office

PPE is a cell phone

Same accident happens over & over

Safety in the job descriptionSafety in the job description

Clear and concisely written IIPPClear and concisely written IIPP

Safety orientation for new hiresSafety orientation for new hires

Golden Gate

Golden Gate

Recognition

RecognitionTraining to recognize/respond to hazardsTraining to recognize/respond to hazards

VPP Program

VPP Program

Routinely finding/fixing hazardsRoutinely finding/fixing hazards

Supervisors confront/correct unsafe Supervisors confront/correct unsafe actionsactions

System recognizes safe actionsSystem recognizes safe actions

Records used to detect patterns/direct Records used to detect patterns/direct future effortsfuture efforts

Employees report near-hits to Employees report near-hits to mgmt.mgmt.

CDAA/BOI

DOSHTailgates have doughnuts

Important Requirements and Commonly Cited Violations

Hazard Communication is a training regulation using material safety data sheets (MSDS) and labels to communicate the chemical and physical hazards that employees maybe exposed to in the work environment.

(b) Scope and application (c) Definitions (d) Requirements for hazard determination (e) Required elements for a written hazard

communication program (f) Requirements for proper labeling of

containers

(g) Requirements for material safety data sheets

(h) Requirements for employee information and training

(i) Requirements for disclosing information on substances that are considered trade secrets

(1) Program must be written and address:◦ Labels◦ MSDSs◦ Employee information and training

(1)(A) List of hazardous substances (1)(B) Methods to inform employees

◦ Non-routine tasks◦ Substances in unlabeled pipes

(2) methods used to inform employees sharing work area with substances◦ (A) to provide access to MSDSs◦ (B) to inform employees of precautionary

measures◦ (C) to inform other employers of labeling system

used in workplace (3) Program is available upon request

No written program at all, or has not been implemented

Written program not kept at workplace where substances are located

No hazardous substance inventory list Written program has no provisions to

address hazards of non-routine tasks Not informing other employers at multi-

employers sites and appropriate measures

(1) Manufacturer shall ensure labeling with◦ (A) Identity of hazardous substance◦ (B) Appropriate hazard warning◦ (C) Name and address of manufacturer,

responsible party (4) Employer shall ensure proper labeling,

except as provided in (f)(5) and (f)(6), with:◦ (A) Identity of hazardous substance◦ (B) Appropriate hazard warnings

(f)(5) Use of signs, placards or other written materials can be used in lieu of labels as long as alternative identifies the containers is readily accessible

(f)(6) Labels not required for containers that are for immediate use

Not labeled with identity of hazardous substance

Not labeled with appropriate health or physical hazard warnings

Label no longer legible Secondary container does not meet

exemption for immediate use

(g)(1) Employer shall have MSDS for each hazardous substance

(g)(8) Employer shall have copies readily accessible

(g)(9) Centrally located MSDSs shall be immediately obtainable in an emergency

Not having MSDS for each hazardous substance in the workplace

Not having copies accessible to employees in their work area

Not having copies accessible to COSHO Not providing copies to employees upon

request

(h)(1) Employers shall provide with effective information and training◦ Initial assignment◦ Whenever new substance is introduced◦ Relate to general classes “to extent appropriate”

and “reasonably foreseeable exposure”

(h)(2) Information and training shall consist of at least:◦ (A) Employees shall be informed of requirements

of this section◦ (B) Information of any operations in their work

area where hazardous substances are present◦ (C) Information of the location and availability of

HazComm program, list of hazardous substances and MSDSs

(h)(2) Information and training shall consist of at least:◦ (D) Methods and observations that can be used

to detect presence or release of substance◦ (E) physical and health hazards of substances in

work area◦ (F) explanation of details of HazComm including

how to use it

(h)(2) Information and training shall consist of at least:◦ (G) Employers shall inform employee of following

rights: To personally receive information regarding

substance For their physician or collective bargaining agent to

receive information Against discharge or other discrimination due to

exercising of these rights

(h)(3) New or revised MSDS information shall be provided to employees on a timely basis

Not providing employees with any information and training on substances they use

Not providing employees who do not directly use substances with information and training on substances in their work area

Not covering all the topics specified in Section 5194(h)(2)

Employer telling an employee “There’s a material safety data sheet binder, you can read it if you have any questions” is NOT training.

Section 1. Material Identification◦ Name and synonyms◦ Manufacturer’s address and phone number

Section 2. Ingredients and Hazard Data◦ Composition in percentages◦ PELs and TLVs

Section 3. Physical and Chemical Properties◦ pH: acidity/alkalinity of material◦ Specific gravity and vapor density◦ Boiling point and vapor pressure

Section 4. Fire and Explosion Data◦ Flash point: <100 degrees F is “flammable”◦ Autoignition temperature◦ Flammable limits: LEL and UEL◦ Fire extinguishing media and procedures

Section 5. Reactivity Data◦ Stability and incompatibilities◦ Hazardous polymerization and decomposition

products Section 6. Health and Hazard Information

◦ Routes of entry◦ Acute and chronic hazards, carcinogenicity◦ Signs and symptoms◦ First aid

Section 7. Safe Use and Spill Response◦ Procedures for handling, storing, spill response

and waste disposal Section 8. Control Measures and PPE

◦ Respiratory protection and ventilation◦ Skin and eye protection

Section 9. Handling and Storage◦ Special precautions

Blood Borne Pathogen Program (exposure control plan)

Aerosolized Transmissible Diseases Program (source control, screening and referral and communication procedures)

Lockout/Tagout (Energy Control) Program Confined Space Program Heat Illness Prevention Program Respiratory Protection Program

Internet – http://www.dir.ca.gov

Publications Posters Recordkeeping questions Look up regulations Look up enforcement policies and procedures Ask questions Locate enforcement and consultation offices

• Call the local area office to request a free program review

• http://www.dir.ca.gov/dosh/consultation_offices.html