osha: maritime activities and regulatory update marine chemist association annual seminar chicago,...

OSHA: Maritime Activities and Regulatory Update

Marine Chemist Association Annual Seminar

Chicago, IllinoisAugust 13 - 15, 2012

OSHA MISH-MASH

• Recent Regulatory Activities• Update on Subpart F• Guidance Activities• Issues Raised by Marine Chemists• MACOSH• Enforcement Data for FY 2011

and 2012

Regulatory ActivityGlobally Harmonized System of Classification and Labelling of Chemicals (GHS)•Published March 26, 2012•Revises criteria for:

– Classification of chemical hazards– Labeling provisions – requirements for signal words, pictograms, hazard

statements, precautionary statements– Specified format for SDS– Definitions to terms– Requirements for training employees on labels and SDSs

•Several changes to substance specific health standards, PSM, and flammable and combustible liquids to ensure compliance with GHS

Globally Harmonized System of Classification and Labeling of

Chemicals (GHS)

• Biggest visible impact: Look of and information required for labels• Signal Words, Pictograms• Precautionary Statements• Appropriate Hazard Warnings

Flame over circle

Oxidizers

Flame Exploding bomb

Flammables; Pyrophorics; Self-Heating; Emits Flammable Gas; Self Reactives; Organic Peroxides

Explosives;; Self Reactives; Organic Peroxides

Gas Cylinder

Gases under pressure

Corrosion Skull and Crossbones

Corrosives Acute toxicity (severe)

Health Hazard

Carcinogen; Mutagenicity; Reproductive Toxicity; Respiratory ;nsitizer; Target Organ Toxicity; Aspiration Toxicity

Environment Exclamation mark

Aquatic Toxicity (OSHA did not propose this pictogram)

Irritant; Skin Sensitizer; Acute Toxicity (harmful); Narcotic effects; Respiratory Tract Irritant; Hazardous to Ozone Layer

GHS Pictograms

Effective Dates:•12/1/2013 - Employee Training on label elements and SDS•6/20/2015 – All modified provisions except:

• 12/1/2015 – All distributed containers must have new formatted labels

• 6/1/2016 – All other provisions and training completed

•During transition time, can follow 1910.1200 as updated 10/1/11, or the current version, or both

GHS Home Page - http://www.osha.gov/dsg/hazcom

GHS - Continued

Regulatory Activity (cont.). Standards Improvement Project SIPS III - (June 2011)•Updated requirements in 29 CFR 1919 to test and inspect cargo gear every 5 years in accordance with ILO Convention 152; consistent with 1918.11(a)•Previous standard was based on ILO Convention 32, test and inspect every 4 years

SIPS IV•Directorate of Construction•Maritime – Has few candidates

Subpart F – 1 Year Later29 CFR Part 1915, Subpart F - General Working Conditions in Shipyard Employment

Published May 2, 2011June 29, 2011, Shipbuilders Council of America (SCA) filed a petition for review with the U.S. Court of Appeals for the Fourth Circuit challenging the final rule. July 27, 2011, Court of Appeals directed SCA and OSHA to pursue a settlement agreement. Settlement agreement is comprised of (1)specific provisions within the final rule, as well as (2) revisions to FAQ’s posted on the OSHA webpage.OSHA issued a stay of enforcement until October 31, 2011, for provisions within three sections that included 29 CFR 1915.82, 1915.89, and 1915.93. All provisions are now enforceable with the exception of 29 CFR 1915.89(k)(2)(ii), which has a stay of enforcement until September 10, 2012.

Subpart F – 1 Year LaterU.S. Navy - NOTES•The U.S. Navy pressed for the inclusions of notes in §1915.89 that applied only to vessels or vessel sections that the Navy ships force had control over.

•Notes were only intended to apply to Navy personnel – NOT applicable to contractors or shipyard employees, which are required to follow §1915.89 provisions.

•Two issues recently raised by the Navy:1. Difficulty finding tags that meet 1915.89 specifications2. The cost associated with supplies and implementation

U.S. Coast GuardDespite no involvement during proposed or final rule drafting, the Coast Guard has requested that the “Navy” notes apply to them as well.

Subpart F – 1 Year LaterFeral CatsParagraphs 1915.88(j)(1) and (j)(2) require the following actions:

(j)(1) - To the extent reasonably practicable, the employer shall clean and maintain the workplace in a manner that prevents vermin infestation.

(j)(2) - Where vermin are detected, the employer shall implement and maintain an effective vermin-control program.

OSHA’s proposal and final rule defines “vermin” as including insects, birds, and other animals such as rodents and feral cats, that may create safety and health hazards for employees.

During March 2012, a concern was brought to the Agency with using feral cats as an example in the definition for “vermin,” and suggested removal from the definition.

Subpart F – 1 Year Later(1915.80 - 1915.94)

Guidance Documents•6 developed when published•Recently published – Working Alone Quick Card

Citations Issued – August 2011-2012 – 15 Total•1915.81 Housekeeping•1915.82 Lighting•1915.87 Medical Services and First Aid•1915.89 Lockout/Tags-plus•1915.93 Motor Vehicle Safety Equipment, Operation and Maintenance

Citations Covering 1915.80 - 1915.94

Vertical Tandem Lifts

• Final Rule published 12/10/2008• Lawsuit filed by NMSA on several

points, two were accepted by Court• Court remand of two provisions

– Ban of lifting flatracks in a VTL– Inspections of VTLs from ship to shore

• Next step – issue remand notice• OSHA has several options thereafter

Directorate of Enforcement - Guidance Activity

Longshoring and Marine Terminals “Tool Shed” Directive and Cargo Gear Directive in Agency Clearance•Incorporates SIP III, VTL, PPE Payment, and updates interpretations

Shipyard Employment “Tool Bag” Directive in Agency Clearance•Includes 29 CFR Part 1915, Subpart F - General Working Conditions in Shipyard Employment, published on May 2, 2011•Provides information regarding Settlement Agreement between the SCA and OSHA.

Issues Raised by Marine Chemists

• OSHA Outreach Program• OSHA Jurisdiction• Employers providing first aid to

MC while on site

Outreach Training Program and OSHA Jurisdiction

Outreach Training Limited to OSHA Jurisdiction

•The OSH Act covers private sector employers and their employees in the 50 states and certain territories and jurisdictions under federal authority. •OSHA Outreach Training Program classes limited to training conducted within OSHA's jurisdiction. •Classes delivered outside of OSHA's jurisdiction are not recognized and trainers will not receive student course completion cards for those students.

•An exception exists, with prior OSHA approval, for training that is provided on a contract basis for a specific organization and only its employees.

•The trainer must submit a written request for exception at least 60 days in advance of the scheduled training

http://www.osha.gov/dte/index.html

Outreach Training Program and OSHA Jurisdiction

(cont.)Exception for Training Conducted Outside OSHA Jurisdiction1.Primary authorized trainer

2.Trainer email address

3.Copy of trainer card

4.Outreach class type (indicate industry and number of hours)

5.Contracting organization name and address

6.Start and end times and dates

7.A topic outline which indicates each topic, the length of time each topic will be taught, and the date and time the topic will be taught.

8.Guest trainer name(s)

9.Address where training will be conducted

10.Typed list of employees to be trained on the contracting company letterhead.

Adequate First Aid (1915.87(c)(2))Scenario: A Marine Chemist is told that the

shipyard (Host) will not provide first aid to sub-contractors, or their sub-contractors.

•No accompanied person that is trained in first aid

•Contract person does not have appropriate first aid training

•Facility does not have an onsite clinic or infirmary

•Facility is unwilling to provide first aid services

Adequate First Aid (1915.87(c)(2))Options for Marine Chemists Under the

Following Conditions:1.Should have in the contract that the Sub-Contractor will provide assistance2.Provide their own first aid trained employee and charge appropriately for two employees; and3.Modify their contract to specify that the shipyard must provide first aid.

MACOSH• Five Committee meetings and three site

visits were held under the current charter that include:

• Over 20 conference calls were held between the two workgroups

Meeting Location Dates Site Visit

Washington, DC April 19-20, 2011 None

San Diego, CA July 19-20, 2011 Continental Maritime Shipyard

Portland, ME September 20–21, 2011 Bath Iron Works Shipyard

Washington, DC February 22-23, 2012 None

Seattle, WA July 24-25, 2012 Logging Operation; Fishing vessel/processor

Longshore Workgroup Published Products (2008 -2013)

Document Type & Title Document Information

Traffic Lanes & Personnel Safety Zones OSHA FS-3540 PDF Online Only - English

Working Safely While on the Apron or "Highline" OSHA 3539 - Quick Card

Protecting Mechanics Working on Power Equipment (in the yard at Marine Terminals)

Quick Card

Mechanics Working in the Yard (Marine Cargo Terminals) Quick Card

First Aid In Marine Cargo Handling OSHA 3368 - Quick Card

Gangway Safety in Marine Cargo Handling OSHA 3369 - Quick Card

Lifesaving Facilities in Marine Cargo Handling OSHA 3367 - Quick Card

Roll-on Roll-off (Ro-Ro) Ship and Dock Safety Guidance Document

• 16 additional Longshore items are undergoing development for publication.

Guidance Product Status - Shipyard Workgroup (2008 – 2013)Document Type & Title Document Information

Documents Awaiting Publication

Quick Card: Hot Work on Hollow or Enclosed Structures Quick CardFact Sheet: Hot Work on Hollow or Enclosed Structures Fact SheetFact Sheet: Guidelines for Safe Entry & Cleaning of Sewage Tanks

Fact Sheet

Documents Under DevelopmentConfined Space Development Guidance DocumentPublished DocumentsFact Sheet: Eye Protection Against Radiant Energy OSHA FS-3499

Quick Card: Fire Watch Safety OSHA 3494-2012

Safety and Health Injury Prevention Sheet (SHIPS) - Rigging

Guidance Document

Fall Protection Safety for Commercial Fishing DSG 6/2011 - Fact SheetSafe Work Practices for Shipbreaking OSHA 3375-03

Deck Barge Safety OSHA 3358-01N -

Spud Barge Safety DSG 1/2009 - Fact Sheet

MACOSH Continued

• Current Charter ends January 25, 2013• Solicitation of nominations for members

– Federal Register Notice requesting nominations was published August 2, 2012

– Nominations must be submitted by September 16, 2012

• To apply – www.regulations.gov• Charter renewal process started• Make up of balanced committee

FY 2011Federal OSHA

NEP Enforcement Data

• Note: In some cases, due to the migration of data from IMIS to OIS, FY 2011 and FY 2012 values may be projected.

National Emphasis ProgramsCurrent NEPs

(Evaluating all NEPs from 2007-2009 In

Development

Chemical Facilities

Combustible

Dust

Lead

Food

Flavorings – Diacetyl (expired

1/12)

Nursing Homes

(ergonomic stressors, BBP, Slip, trip, fall,

workplace violence)

Primary Metals

Hex Chrome Silica Trenching Isocyanates (paintings &

coatings industry – truck bed liners)

Amputation Shipbreaking

FY 2011 NEP Inspections Conducted By Type

19

1,742

714517

3,375

557

102 14 6370

66

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

FY 2011 - Percent Total Violations Issued As Serious

(NEP)80%

72%67% 68% 72% 72%

78%

57%

50%

67%

46%

72%

0%

20%

40%

60%

80%

100%

FY 2011 - Average Current Penalty Per Serious Violation

(NEP)$4,863

$2,270

$1,781 $1,839 $1,957$2,190

$3,687

$1,396

$2,000$1,943

$2,345$2,133

0

1,000

2,000

3,000

4,000

5,000

6,000

2010- $10002011 - $2132

OSHA’s Penalty Policy

• October 1, 2010: Deployment of administrative enhancements

• FY 2011: Monitored the new policy

• April 1, 2012: Increased the employer size reduction factor for employers with 1 – 25 employees from 40% to 60%

FY 2008 – FY 2012 (Oct-Dec)

Federal OSHA Maritime Enforcement Data

•Prepared February 22, 2012

•Due to migration from IMIS to OIS, data may be incomplete at this time.

Total Maritime Inspections

309340

301 299

35

0

100

200

300

400

500

FY08 FY09 FY10 FY11 FY12

Inspection Types% Programmed vs. %

Unprogrammed75%

25%

82%

18%

80%

20%

76%

24%

74%

26%

0%

20%

40%

60%

80%

100%


% Programmed % Unprogrammed

Percent Inspections In-Compliance

31%26% 24% 23% 23%

0%

20%

40%

60%

80%

100%


Fatality Investigations

11

8

12

8

3

0

5

10

15


Total Violations Issued

744

852756 777

153

0

200

400

600

800

1,000

1,200


% Violations Issued as Serious

64% 63%69%

63% 60%

0%

20%

40%

60%

80%

100%


Avg. Current Penalty Per Serious Violation

$994$892 $969

$2,104 $1,991

$0

$500

$1,000

$1,500

$2,000

$2,500


FY 2011Top 10 Most Frequently Cited

Standards in Maritime Industry1. Electrical, Wiring

Methods2. Respiratory

Protection3. Hazard

Communication4. Electrical, General

Requirements5. First Aid &

Lifesaving Facilities

6. Electrical, Wiring Design & Protection

7. Powered Industrial Trucks

8. Abrasive Wheel Machinery

9. Testing for Entering Confined Spaces

10.Guarding of Edges

FY 2012Top 10 Most Cited

Standards(General Industry)1. Hazard

Communication2. Respiratory

Protection3. Electrical,

Wiring Methods4. Powered

Industrial Trucks5. Lockout/Tagout

6. Electrical, General Requirements

7. Machine Guarding8. Personal Protective

Equipment9. Recordkeeping,

Forms10.Guarding Floor &

Wall Openings & Holes

IMIS only

FY 2012 Top 10 Most Cited

Standards(Construction Industry)1. Fall Protection

2. Scaffolding3. Ladders4. Fall Protection,

Training Requirements

5. Hazard Communication

6. Head Protection7. Eye & Face

Protection8. Aerial Lifts9. Electrical,

Wiring Methods10.Excavation,

Specific Excavation Requirements

IMIS only

Amy Wangdahl, CSP

Director, Office of Maritime &

Agriculture

Directorate of Standards and Guidance

Occupational Safety and Health

Administration

202-693-2066

[email protected]