OSHA News

Overview of OSHA’s Coverage in the Different StatesThe Occupational Health and Safety Administration (OSHA) through the Occupational Safety and Health (OSH) Act signed and enacted into law in 1970 by President Nixon has enables the United States to drastically reduce worker injuries in most private sector business operations and select state and local government organizations. Today, OSHA is present in all 50 states and some territories and jurisdictions under federal authority. These jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined by the Outer Continental Shelf Lands Act. Coverage is either directly through OSHA or OSHA-Approved State Plans.OSHA’s mission is “to assure safe and healthful conditions for working men and women by setting and enforcing standards and providing training, outreach, education, and compliance assistance”. To achieve this mission, OSHA works tirelessly in collaboration with state partners to safeguard the lives of workers from hazards in the workplace. Currently, OSHA has developed the following standards:Recordkeeping (Part 1904)General Industry (Part 1910)Maritime (Parts 1915, 1917 & 1918)Construction (Part 1926)Agriculture (Part 1928)State Plans (Part 1952)This article will focus on OSHA-Approved State Plans.OSHA-Approved State PlansOSHA-Approved State Plans are job safety and health programs developed and operated by individual states instead of Federal OSHA. These OSHA-Approved State Plans came to be developed as Section 18 of the OSH Act promotes states to develop and operate their health and safety programs to safeguard employees working in industries. The OSH Act also specifies that states should have OSHA-Approved State Plans to be able to enforce OSHA standards.These State Plans are expected to be at a minimum as effective as the Federal OSHA programs. OSHA approves, supports, and monitors all OSHA-Approved State Plans. OSHA also provides as much as 50 percent of the funding for each program.Refer to the State Plans' Safety and Health Standards and Regulations for more details on OSHA-Approved State Plans for the different states.Coverage by OSHA-Approved State PlansOSHA-Approved State Plans cover 22 states and territories including both private sector and state and local government workers. There are also six plans implemented in Connecticut, Illinois, Maine, New Jersey, New York, and the US Virgin Islands that cover only state and local government workers as is permitted by OSHA.It is important to note that workers employed by the state and local government organizations are only given OSH Act protections when a state has an OSHA-Approved State Plan. In states where the OSHA-Approved State Plan covers only state and local government workers, private sector employers and employees fall within the purview of federal OSHA jurisdiction.Differences Between OSHA State Plans and Federal OSHAOSHA-Approved State Plans and Federal OSHA differ in the scope and specificity of the regulations. Besides, the following key differences must also be understood about OSHA-Approved State Plans.State Plans are more responsive to local needs than Federal OSHA.There are 27 State Plans that cover public sector employees, unlike Federal OSHA.State Plans may have innovative programs that promote worker safety and health that are unique to each state.Furthermore, most OSHA-Approved State Plans have stricter standards that must be followed as well as added coverage areas that Federal OSHA does not consider.To gain a better understanding of the coverage of OSHA-Approved State Plans and the role of Federal OSHA regulations in these states, OSHA’s website dedicated to state plans provides comprehensive details of each of the state plans including when it was initially approved and is operations status. Click on the state you wish to review on the map for more information. For example, check out this fact sheet of California’s OSHA-Approved State Plan. The Quick Facts and Information about State Plans is also a useful resource.Steps to Obtain OSHA Approval for a State PlanThe following steps must be followed for states to apply to OSHA to develop and obtain approval for their health and safety state plans.Step 1: Start a Developmental PlanThe state must assure OSHA that it will within three years have all the relevant fundamental aspects required to have in place a fully functional and effective OSHA-Approved State Plan. The following key aspects must be focused on - appropriate legislation; regulations and procedures for standards-setting, enforcement, the appeal of citations and penalties; adequate qualified enforcement personnel.Step 2: Eligibility for CertificationOnce step 1 is completed and the developmental plan has been documented and is ready for review, then the state can apply for certification. This certification merely confirms the completeness and adequacy of the State Plan.Step 3: Operational Status Agreement of the State PlanOnce the initial approval has been received and the state starts implementing the plan, anytime thereafter, whenever it is considered that the State Plan is capable of independently enforcing standards, OSHA may enter into an Operational Status Agreement with the State Plan. Concurrently, OSHA will also suspend any Federal OSHA regulations that are covered by the State Plan.Step 4: Final ApprovalUnder Section 18 (e) of the OSH Act, State Plans can ask for additional final approval from OSHA. This is possible only after one year after receiving the certification (Step 2). Eligibility for final approval rests with OSHA. OSHA must decide if the State Plan is providing workers safety measures that are at a minimum as effective as Federal OSHA. Once final approval is received by OSHA, the State Plan becomes an OSHA-Approved State Plan. OSHA will also surrender all responsibility and authority to cover occupational safety and health matters to the state.States interested in developing an OSHA-Approved State Plan can contact their local OSHA Regional Office for guidance and assistance.Reporting and Recordkeeping Requirements of OSHA-Approved State PlansReporting and recordkeeping requirements of OSHA-approved State Plans must be aligned to that of Federal OSHA. For more detailed information refer to the State Plan section of the OSHA website.Evaluating OSHA-Approved State PlansOSHA uses the Federal Annual Monitoring Evaluation (FAME) process to evaluate state plans annually. The key considerations of this evaluation are listed below.To verify if the OSHA-Approved State Plan is at least as effective as Federal OSHA.To track the progress towards meeting strategic and annual performance goals.To track if the OSHA-Approved State Plan is meeting its mandated responsibilities aligned to the OSH Act and other regulations.OSHA provides information on the results of these evaluations. These FAME reports are available for public review on the OSHA website.Fines and Penalties under OSHA-Approved State PlansFines and penalties under an OSHA-Approved State Plan can differ from Federal OSHA but must be at least as effective. A state may also impose higher fines and penalties. If a State Plan is imposing a fine or penalty that differs from Federal OSHA, these must be first reviewed and approved by OSHA. State Plans can, however, have different procedures for the review and appeal of citations, penalties, and abatement periods. While most procedures are similar to those defined by Federal OSHA, cases are heard by a state review board or equivalent authority. Employers from states with OSHA-Approved State Plans will have to comply with state-level standards to avoid fines and penalties.Filing a Workplace Safety and Health Complaint under OSHA-Approved State PlansOSHA protects workers against hazards in the workplace as well as workers’ rights. Accordingly, OSHA provides information, training, and assistance to workers.Workers can file a complaint regarding their workplace if they discover or believe that their employer is not following the standards and regulations as set out under the OSHA-Approved State Plan resulting in serious hazards to workers' health and safety. On receiving a worker complaint, OSHA will inspect the workplace to review the validity of the complaint and then proceed according to the results of their preliminary inspection. All information will be treated as strictly confidential. For more details refer to OSHA's Workers page.Workers can file the complaint at the nearest OSHA Office by calling OSHA's toll-free number: 1-800-321-OSHA (6742) or TTY 1-877-889-5627.Complaints Against OSHA-Approved State PlansAny complaints concerning the operation or administration of an occupational safety and health state plan may be submitted to the appropriate Federal OSHA Regional Administrator. Such a complaint may be in writing or given orally. It is known as ‘Complaint About State Program Administration (CASPA)’. Any person or group of workers lodging a complaint must provide adequate and accurate details for the CASPA to be legitimate, and appropriate action to be taken.Coverage of OSHA Regulations by StateFor more details of OSHA Federal or State-specific coverage, click on the State of your choosing.AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingAmerican SamoaDistrict of ColumbiaGuamNorthern Mariana IslandsPuerto RicoVirgin Islands References:OSHA. (2020. All About OSHA: U.S. Department of Labor, Occupational Safety and Health Administration OSHA 3302-01R. OSHAOSHA. (n.d.). Frequently Asked Questions. Website. https://www.osha.gov/stateplans/faqs

Plan, Prevent, and Protect Does the title sound familiar? It should, as Plan, Prevent, and Protect is OSHA’s motto introduced in 2010 when OSHA marked 40 years of increased health and safety for the American worker.  According to Dr. David Michaels, the OSHA chief at that time, the motto was aligned to OSHA’s new agenda to encourage employers to identify the possible hazards their employees could face and plan for preventing them, reducing their probability of materializing, and in case of a hazard occurring, having a comprehensive plan for protecting employees (Kilbourne, 2010). This was a breakthrough change that OSHA implemented in how employers viewed occupational health and safety measures and actions for which they were responsible. Traditionally, employers would wait for an OSHA inspection before enacting any hazard preventive measures for the future. However, by this move, OSHA firmly announced each organization to plan for hazards, while searching for effective preventive measures, and in instances when hazards cannot be prevented (think COVID-19 pandemic here) have in place comprehensive protection plans for employee health and safety. A little bit about OSHA Over the years, OSHA has continued to enforce new standards and revised existing standards to offer more stringent regulations to remain relevant in today’s increasingly complex work environments. As such, today, OSHA has a myriad of standards enforced to protect the health and safety of employees in most Construction, General Industry, Maritime and Agriculture industries across the 50 States, the District of Columbia, and other US jurisdictions either directly through Federal OSHA or an OSHA-approved state program (OSHA 3302-08R, 2018). OSHA also protects state and local government workers through the OSH Act if they work in the 22 states that have an OSHA-approved state program (OSHA 3302-08R, 2018). An important aspect of OSHA’s standards is that it covers all employers whom must implement OSHA’s mission to “ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance” (Occupational Safety and Health Administration [OSHA], n.d.a; OSHA’s Mission, n.d.). Besides, OSHA also regularly publishes guidelines and recommendations aligned to the latest hazard risks that employers and employees must face. For instance, in 2006 they published a guidance update on protecting employees from the Avian Flu, then in 2014 there was a publication on Small Entity Compliance Guide for the Final Rule for Cranes and Derricks in Construction, and the latest is the publication on Guidance on Returning to Work published in June 2020 (OSHA, n.d.b). These publications are available in several languages with many standards and guidelines being published mainly in English and Spanish. OSHA at half a century So, how has OSHA fared over its 50 years of improving the work safety of employees? As expected, there have been many ups and downs. We hear of several breaks in policies and protocols, but OSHA has also made a marked difference. For five decades, OSHA has continued to partner with and involve employers, employees, health and safety professionals, and other interested stakeholders in advocating, implementing, and demanding increasing workplace safety for the more than 130 million American workers. Statistics show OSHA’s efforts to regulate workplace hazard prevention, train employers and employees, and increase inspection standards and penalties, together with updating and revising standards and guidelines have reduced fatalities from 38 workers a day in the 1970s to 14 workers a day in 2017 (OSHA, n.d.c). OSHA also states that worker injuries and illnesses have drastically reduced to 2.8 per 100 in 2017 compared to 10.9 incidents per 100 workers in 1972 (OSHA, n.d.c). Furthermore,  in the last decade alone, OSHA has helped protect workers involved in the Deepwater Horizon explosion and oil spill; published standards for silica dust, cranes, confined spaces, and the classification and labeling of work-related chemicals; and focused on communicating the importance of safety measures for the construction industry which faced high degrees of worker fatalities (OSHA, n.d.d). OSHA also enacted a requirement to report all severe work-related injuries in January 2015 (OSHA, n.d.e). This is not to say that we’ve not heard about the negatives. So, while you may recall that reported worker injuries increased in 2018 compared to 2017, while workers injuries reported in 2017 increased by 2 percent compared to 2016, remember that this is likely an impact of more employers complying with OSHA standards year-on-year. Still, the statement by OSHA on occupational fatalities in 2018 is encouraging as it identified a decline in work-related fatal falls from heights by 14 percent, the lowest recorded in six years (OSHA Trade Release, 2019). Similarly, there is an abundance of statistics, data, and other information that can be cited to show the changes in occupational injuries and fatalities, if time permitted. But alas that is not the case. So, yes, like any other regulation, OSHA does have its positives and negatives, but overall, OSHA has had a positive impact on employers and employees, bringing to the forefront the importance of worker safety and its high impact on organizational reputation and employee engagement as everyone pursues the goal of commerce.   References Kilbourne, C. (2010, September 10). "Plan, Prevent, Protect"—OSHA’s New Agenda. EHS Daily Advisor. Retrieved from https://ehsdailyadvisor.blr.com/2010/09/quot-plan-prevent-protect-quot-osha-s-new-agenda/ OSHA 3302-08R. (2018). All About OSHA. Occupational Safety and Health Administration Website. Retrieved on June 26, 2020 from https://media.hazwoper-osha.com/wp-content/uploads/2019/11/all_about_OSHA.pdf Occupational Safety and Health Administration (OSHA). (n.d.a). Occupational Safety and Health Administration Website, About Us, OSHA Mission. Retrieved on June 26, 2020 from https://www.osha.gov/aboutosha OSHA. (n.d.b). Occupational Safety and Health Administration Website, Publications. Retrieved on June 26, 2020 from https://www.osha.gov/publications OSHA. (n.d.c). Occupational Safety and Health Administration Website, Commonly Used Statistics. Retrieved on June 26, 2020 from https://www.osha.gov/data/commonstats OSHA. (n.d.d). Occupational Safety and Health Administration Website, OSHA at 50. Retrieved on June 26, 2020 from https://www.osha.gov/osha50/ OSHA. (n.d.e). Occupational Safety and Health Administration Website. Retrieved on June 26, 2020 from https://www.osha.gov/severeinjury/ OSHA Trade Release. (2019, December 17). Occupational Safety and Health Administration Website, News Releases. Retrieved on June 26, 2020

Risk Assessment – Classifying Employee Exposure to COVID-19 While the COVID19 outbreak has led many businesses to shut their operations, there are still others like certain "essential" service providers or facilities, which are functioning to ensure the well-being of the community. Owners of these essential services or facilities have a legal and moral obligation to keep their employees safe and secure during the pandemic. To assist employers to care for their employees' safety and understand their levels of risk during the COVID pandemic, OSHA has established an Occupational Risk Pyramid, which classifies employees on four risk levels. The structure of the pyramid is as below: 1.Very High Exposure Risk 2.High Exposure Risk 3.Medium Exposure Risk 4.Lower Exposure Risk What Does Each Category Imply?  1. Very High Risk Workers in this category include: Healthcare workers such as nurses, doctors, paramedics, dentists, and those performing post-mortem procedures Laboratory personnel who collect and analyze samples from patients suspected to have COVID-19 Support staff such as those involved in performing aerosol-generating procedures 2. High Risk Workers in this category include: Medical transport workers Funeral staff and morgue workers involved in cremation or burial of deceased individuals suspected to have died of COVID-19. 3. Medium Risk Employees in this category include those working in: High-volume retail setting environment High-population density work environments Individuals from locations with widespread COVID-19 transmission 4. Lower Risk Employees in this category include those who do not come in close contact with people known to be suspected or infected with COVID-19. OSHA General Guidance to be followed by employers for prevention of Infection  Employers need to encourage employees, customers, and visitors to maintain recommended social distancing of 6-feet and practice good hygiene by promoting frequent and thorough handwashing with soap and running water or by alcohol-based sanitizer (that which contains at least 60% alcohol) to curb infection Employees should be encouraged to stay home if they are sick. Effective policies should be made for prompt identification and isolation of workers Employees should be provided with tissues, masks, and trash receptacles to contain the virus. They should be encouraged to cover up during coughs and sneezes. Prohibit the workers from using other workers' desks, office materials, work tools, equipment, or telephones Flexible work hours or staggered shifts be introduced to increase the physical distance between employees Housekeeping practices such as cleaning and disinfecting of surfaces should be carried out frequently Employees should be encouraged to self-monitor for the signs and symptoms of COVID-19 and report when they experience the symptoms Workers who display COVID-19 symptoms should be isolated immediately to limit the spread of the virus OSHA’s Control measures for each risk level 1. Employees with Lower Risk Employers need to implement OSHA's general guidance for workers who do not come in frequent contact with the public. Engineering controls: Additional engineering controls are not required for employees falling under this category. However, employers must take adequate safety measures to prevent them from work-related hazards. Training programs such as the OSHA 24-hour HAZWOPER program or 40-hour HAZWOPER training, which comply with OSHA's standards, are a great way to increase hazard awareness and improve worker health and safety at workplaces. Administrative controls:  Ensure workers have access to information on COVID-19. Employers must take steps to communicate important COVID related details to employees. 2. Employees with Medium Risk  In medium risk exposure workplaces, businesses are required to follow OSHA's recommended guidelines for the prevention of infection. In workplaces where hazardous wastes are handled, employers must ensure to keep the work area and premises in compliance with OSHA's standards. Employers can readily seek and learn about OSHA's standards for workplaces by taking any HAZWOPER certification online or on-site course. Certain engineering and administrative controls discussed below should be employed in medium risk exposure workplaces. Engineering Controls:  Install physical barriers wherever feasible. Restrict public access to workplaces to certain areas only. Administrative controls:  Make it obligatory for everyone to use a mask to contain respiratory secretions In the event of a shortage of masks, a reusable face shield should be provided Inform customers about COVID-19 by putting up informative signs and posters at the reception area, break rooms, common areas, dining rooms, etc. Implement strategies to minimize face-to-face contact by using drive-through windows, phone-based communication, etc. Communicate the availability of medical screening and health workers to the employees and customers Provide PPE kits to workers according to the nature of their work tasks. In certain environments, workers in this risk category may have to use a respirator. PPE Guidelines  The choice of PPE must be based on the hazard to the worker PPE should fit properly, and worn consistently It should be regularly inspected and replaced PPE should be properly removed, cleaned, and stored. If needed to be disposed of, applicable methods to be followed to avoid contamination Employees working within 6-feet of individuals infected or suspected to have been infected with COVID-19 need to use respirators. More information on the use of respirator can be found at OSHA Laws and Regulations 3. Employees with high or very high-risk exposure While employers are required to follow infection control and workplace safety standards as cited by the OSHA, they are also required to implement control measures as follow: Engineering Controls:  Appropriate air-handling systems should be installed in healthcare centers A COVID suspect or infected person(s) should be kept in AIIR ( Air Borne Infection Isolated Room) Isolation rooms should be used when performing aerosol-generating procedures on infected or suspected patients Paramedics or those handling specimens of suspected or infected individuals should be provided special precautions associated with Biosafety Level 3. Administrative Controls  Carry out enhanced medical monitoring of workers Provide routine and refresher training on COVID-19 to workers Provide psychological and behavioral support to employees to help them deal with stress COVID-19 outbreak is a challenging phase for each one of us. While it may take time for things to get back to normalcy, preventing the spread of infection is presently what we should focus on. As frontline-workers continue to provide their support and services for the betterment of people and humanity, employers must take every possible step and measure discussed here to protect these warriors from the grave virus.

COVID-19 – Recordable or Reportable Workplaces operating during the COVID19 pandemic have a collective responsibility of putting in best practices for their workers' safety. However, with confirmed cases increasing rapidly, employers are uncertain whether they are under obligation to record or report an employee's COVID-19 illness to OSHA. OSHA’s Recordable Guidelines As per OSHA's general guidelines, workplaces having 10 or more employees are required to maintain a record of work-related injuries and illnesses for at least five years. Every employer is obligated to enter a recordable illness or an injury on OSHA 300 Log and fill an OSHA 301 Incident form within seven days of an illness or injury to an employee. Some businesses based on the North American Industry Classification System (NAICS) and those that deal with energy and infrastructure where injury and illness rates are relatively low are exempted from OSHA recording. However, some of these businesses may still have to report if asked to do so by OSHA, a state authority, or the Bureau of Labor Statistics (BLS). Employers can find more about these guidelines by taking a HAZWOPER certification online intended to increase hazard awareness and implement measures to improve worker health and safety. COVID-19 – Recordable on the OSHA 300 Log? As per OSHA, the COVID-19 case needs to be recorded by the employer if certain requirements are met as below:It's a confirmed case of COVID-19 If an employee is infected while performing work-related duties If an injury or illness results in death, restricted work, days away from work, medical treatment beyond first aid, or loss of consciousness (OSHA guidelines) OSHA’s Reporting Guidelines All workplaces (including those with 10 or fewer employees or NAICS exempt) are required to report to OSHA regarding any work-related incident that results in:Hospitalization of the patient – within 24 hours of the incident Death of the employee – within 8 hours of the incident Reporting requirements depend on the state where an organization is based and whether the state has an OSHA-approved state plan. Workplaces in states without OSHA-approved state plans can report the incident to OSHA by submitting an online form, calling OSHA's hotline number, or calling the nearest OSHA office. OSHA's specific guidelines have been covered in our OSHA HAZWOPER refresher course created with the aim to allow businesses to run with higher safety and health standards and become successful and sustainable. COVID-19 – Reportable to OSHA? Under OSHA's recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if: (1) the case is a confirmed case of COVID-19, as defined by Centers for Disease Control and Prevention (CDC); (2) the case is work-related as defined by 29 CFR § 1904.5; and (3) the case involves one or more of the general recording criteria as cited in 29 CFR § 1904.7. On March 11th, 2020 the World Health Organization (WHO) declared COVID-19 a global pandemic, and the extent of transmission is a rapidly evolving issue. (OSHA recordkeeping requirements for COVID-19) Workplaces in Areas With High Covid-19 Cases For workplaces (other than hospitals, law enforcement services) areas where COVID cases are significantly high, it is becoming increasingly difficult for employers to ascertain whether their employees have contracted COVID-19 due to workplace exposure. To address this issue, OSHA's Deputy Assistant Secretary, Amanda Edens has issued a directive stating that OSHA will not enforce the record-keeping requirements to these employers, with exception to the following:When a COVID-19 case may be work-related and there is suitable evidence to substantiate; Employers of workers in the healthcare industry, emergency response organizations, and correctional institutions must continue to make work-relatedness determinations according to 29 CFR Part 1904 (OSHA National News Release, April'20). Moving Ahead To sum up, unlike common cold and seasonal flu cases, which are not required to be recorded in the log, given the implication COVID-19 has had on human lives in the nation and the world, it needs to be recorded or reported. Also, it is very evident that whether COVID-19 is recordable or reportable would depend on whether the specific case is the result of the work-related exposure or occurred away from work. By evaluating the employee's duties and working conditions, employers can determine if the worker contracted COVID-19 due to exposure in the work environment and then maintain the record. While restrictions and shutdowns of businesses are aimed at slowing the spread of COVID-19, certain essential businesses need to remain operational through adherence. This means employers have to take utmost care of their work environment and workers' safety. Sick workers or those suspected of exposure to COVID-19 should be directed to stay at home and follow the guidance of health officials.

NSC’s Nationwide Task Force – “SAFER” to Ensure Employee Safetythrough the Pandemic As the US prepares itself for the gradual and safe reopening of the business segments and traditional workplaces, the National Safety Council (NSC), has announced – SAFER (Safe Actions For Employee Returns), a nationwide task force aimed at providing best practices for employees' safety as they resume work amidst the pandemic. SAFER – For the Safest Transition to Work SAFER comprises a team of over two dozen companies including FORTUNE 500 enterprises, trade associations, public health professionals, and experts, who have collaborated to share their expertise and release recommendations and guidance for employers on how to ensure the safety of their employees. NASA, U.S steel, Uber, McDonald's, Amazon, and the Chamber of Commerce are some names part of the task force.  The task force will identify and address the potential hazards that employees may have to face once they return to work in the post-COVID environment. It will issue general and industry-specific free playbooks for establishments to help them align the safety of employees with business objectives. It will also identify complexities with re-engaging the workforce, including contractors, by collaborating with human resources, legal, labor, health care, and workers' compensation providers (NCS, 2020). Focused On Workplace Safety Protocols and Procedures Lorraine M. Martin, President, and CEO of NSC stated that NSC is looking to hire organizations, which have been through the arc of shutting down operation and reopening it. The task force will focus on the usage of Personal Protective Equipment (PPE) to protect the employees from infection, and prevent the spread of coronavirus. Elaborating on the role of NSC, Martin says, "For more than a century, NSC has been helping employers put safety at the forefront of all their decisions, and we are once again taking action to continue serving this important role. With SAFER, we are confident we're bringing the best minds together to ensure Americans have the safest transition back to work so we can truly flatten the curve and enable people to live their fullest lives (NCS, 2020, para 3)."  Creating Confidence in Employees That They Will Be Safe At Work The COVID-19 pandemic spread has changed everything around us so irrevocably. There's no denying fact that employers will be hard-pressed to get their business back on track, the situation of the employees is no different as they will have to grapple with issues at every front, be it – job security, business and career prospects, and life in general. Moving forward, employers will have a larger role in making employees feel assured that their safety and health matter the most. Focusing on promoting a trustworthy and symbiotic relationship is the need of the hour. Since most workplaces are not designed in a way where employees are required to work within a specific distance from each other, employers will now have to modify the workplaces to follow the social distancing norm. They will also have to implement proactive steps to ensure the health and safety of the workers while continuing with the daily operations. Organizations dealing with hazardous waste need to ensure their work environment complies with OSHA requirements and should focus on arranging HAZWOPER refresher courses for employees. An OSHA 8-hour HAZWOPER course that meets the requirements outlined in OSHA 29 CFR 1910.120 (e) (8) regulations would be ideal for those who need to refresh their existing 24-hour or 40-hour HAZWOPER certification. HAZWOPER refresher training can also be bought online. Getting Workforces Back On the Path to the New Normal SAFER's practices will guide employers in looking for the best standards for keeping workers safe and operations running during the pandemic. Businesses in some US states, which have already reopened are complying with the OSHA safety measures. If organizations are recruiting new workers for cleaning up hazardous materials regularly, they should be provided with adequate safety equipment/kits and an initial OSHA HAZWOPER 40-hour training. Organizations and retail spaces getting back to reopening will have to encourage personal hygiene to employees and customers while practicing social distancing to the core. Adhering to safety protocols like installing barriers between two workstations, restricting the number of customers inside the store, use of PPE, etc. should also be instigated. Stores may even temporarily bar customers' entry and ask them to opt for pick-up and delivery. However, this move could invite litigation. Since fatalities due to COVID-19 were already on the rise, many states and territories had to shut down non-essential businesses and prohibit or limit in-person workforces to safeguard public health. As organizations prepare to resume work, employers will have to focus on mitigating risks related to injuries and death at the workplace and preventing the spread of coronavirus infection. SAFER in this context will serve as a leading voice that will help employers prioritize employees' safety in the present situation and the post-pandemic world.ReferenceNational Safety Council (NCS). (2020, April 22). NSC launches SAFER Nationwide Task Force to ensure employee safety through pandemic. Website. https://www.nsc.org/newsroom/nsc-launches-safer-nationwide-task-force-to-ensure

OSHA’s Hazard Communication Standard – The Basics Workplace chemicals can pose a serious risk to the health and life of workers if not dealt with caution. Most of these chemical-related hazards and accidents occur due to sheer negligence or ignorance by the employees or the employers. To ensure chemical safety in the workplace, OSHA issued the Hazard Communication Standard in 1983 with a limited scope. Conforming to the International Standards OSHA modified the HCS and broadened the scope to cover all industries where workers are potentially exposed to hazardous chemicals. In 2012, the Hazard Communication Standard was aligned with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA elucidated that by conforming to the international standards, the comprehensiveness and the uniformity of the HCS will be improved. OSHA's HAZCOM is a U.S regulation standard developed to ensure a safe and healthy work environment. It requires employers across all industries to identify the hazardous substances, label them, and educate their employees about their possible hazards. For instance, companies dealing in hazardous waste handling will be required to ensure their workers complete the HAZWOPER training program before commencing the work. The standard also entails employers to follow a formal mechanism that will help recognize the chemical hazards in the workplace and have necessary management/engineering controls to safeguard the workers from exposure. The HAZCOM standard is also called the "Employee Right-to-Know" and is described in 29 CFR 1910.1200. A Formal Hazard Communication Program As per OSHA's HAZCOM or HCS regulations, employers must implement a formal hazard communication program that includes – details of chemicals handled, imported or produced at the workplace through labels on the containers, safety data sheets (SDSs or MSDSs), a written HCS plan, chemical inventory lists, and an effective training program. Though implementing HCS regulations is obligatory for organizations, most employers across the country have not been able to practice it to the core. OSHA has cited employers for failing to implement the standards, especially the written communication plan. For the past six years, HCS violations have ranked second on the agency's annual list of most frequent standard violations. Companies failing to comply with the regulations may invite hefty penalties, and even face imprisonment in case an employee succumbs to injuries due to chemical exposure. How to Implement an Effective HCS Program 1. Inventory of hazardous materials Employers are required to create a list of the hazardous materials present in their work area. When creating an inventory, it is essential to check if an SDS is available for each chemical used or handled at the workplace. An SDS is a written or printed material put around a hazardous chemical. If an SDS is missing, contact the supplier to get a copy of the same. Until the SDS is received, employers should document the request and record it in a file. 2. System for maintaining SDSs According to the Globally Harmonized System for Classification and Labeling of Chemicals (GHS), SDSs are required to contain 16 sections. This 16-sheet format is aimed at guiding the workers who handle hazardous chemicals about the contents of SDSs. Here's a look at what SDSs should include: Sections 1 to 8 should contain general information about the chemical, its identification, hazards, composition, safe handling practices, and emergency control measures (e.g., firefighting). Sections 9 through 11 and 16 need to contain the physical and chemical properties of the chemical, its stability and reactivity information, toxicological information, exposure control information, and its date of preparation or last revision. Sections 12 to 15 need to be consistent per the GHS guidelines but OSHA does not enforce these sections and can be omitted as they concern matters handled by other agencies. (OSHA Brief) The information provided in the Safety data sheets should be easily accessible to anyone in the workplace. 3. Labels and warning signs Employers must label the containers of hazardous materials. A label should include – The name of the product/material, its other common names or synonyms Details of the manufacturer, importer, or other responsible parties Emergency Phone number Use of the chemical Hazard classification ( e.g., flammable) Pictograms or Hazard Symbols (e.g., skull and crossbones, flame) Hazard statement Description of Hazard 4. Training programs Workers exposed to hazardous chemicals at work should be provided with education and training to identify and work safely with hazardous materials before their initial assignment. This can be achieved by: Conducting group sessions to explain SDSs, PPE, and what to do in an event of an exposure or chemical spill Through classroom training, interactive courses like OSHA HAZWOPER training, etc. By training each employee about what chemical(s), he/she would be encountering during the normal duties A session on where to find SDSs in the workplace 5. Written hazard communication program If a company uses or produces hazardous chemicals, then the employer is required to maintain a written hazard communication program at the workplace. An employer will be asked to produce this program document during an inspection. This program must include materials inventory, labeling, SDSs, and type of training (such as OSHA Hazard Communication with GHS which is dedicated to the HazCom Standard, or another training course such as the OSHA 40 Hours HAZWOPER Training which includes a summary of the important details of Hazard Communication). These courses can be conducted as classroom training, virtual instructor-led training, taken as online courses, or conducted by company authorities. In short, a written program should cover everything that is implemented in the workplace and should readily be available to employees. Periodic revisions should be made to this program to address changing work conditions such as when a new PPE is added or a new chemical(s) is handled. It should be communicated in a way that all employees understand the labeling and symbols associated with a chemical hazard and are aware of the risks involved in their handling.

Top 7 OSHA Myths Busted (And The Truth Behind Them) Every year numerous companies enroll in OSHA courses to learn the best safety practices to prevent workplace disasters. While there are many OSHA training courses available, the misconceptions surrounding them and OSHA, in general, are just as much. It's thus essential for candidates or employers to know these myths for knowing them can help you clarify certain doubts and misconceptions about OSHA. Here are some important myths you should know about. Myth #1: OSHA Commonly Shuts Down Worksites First and foremost, it depends on the hazard. While OSHA can technically shut down or order the arrest, the probability relies on very specific circumstances. Total shutdowns rarely happen and usually need a court order. If there is a life-or-death situation, OSHA can order a shutdown of the worksite but up until the problem is fixed. In case of a disaster, OSHA will normally shut down the piece of equipment that caused the injury but not the entire operation (unless a potentially dangerous situation exists.) The possibility of OSHA initiating arrests during or after a facility inspection is also unlikely to happen. That's because OSHA is required to hand over cases of suspects directly to the U.S. Department of Justice and the authority itself doesn't have to make arrests. Myth #2: Upon Inspection, The OSHA Agency Cites You For Anything It Finds Wrong This is a common myth known to employers and employees. We must understand that the Federal Mandate for OSHA makes it compulsory to not just enforce regulations but additionally offer training and assistance to companies. This is to help them promote a safer workplace that is compliant with the OSHA act. The key thing to note here is that the agency doesn't cite you without finding anything wrong. Under the General Duty Clause, if an OSHA inspector has to cite you then the inspector must verify the existence of a hazard and that no other safety standard is present. The clause simply requires you to remove any known risky hazards that might lead to injury or death of your employees. On the other hand, if the hazard found is serious then the agency will cite you. Myth #3: You Can Get OSHA Certification for All OSHA Courses It's vital to understand that not all OSHA courses offer certification. While students undertaking online training are granted a completion certificate, certification is not awarded for courses within the Outreach Training Program like the OSHA 10 Hour Construction and General Industry. For such courses, participants earn an OSHA's United States Department of Labor (DOL) wallet card upon completion. Employers simply ask for an OSHA DOL wallet card from employees who've enrolled for the Outreach Training Program to meet their workplace safety requirements. Myth #4: Meeting OSHA Compliance in a Workplace Simply Makes it Safer While OSHA plays a huge role in promoting safer workplaces, just by making your workplace OSHA compliant for the sake of it doesn't always guarantee the safety of your employees. You also have to proactively get involved in maintaining the safety of your workplace. For instance, OSHA's General Duty Clause can hold you responsible for not preventing a hazard you identified as dangerous but wasn't particularly laid out by the law. Companies serious about safety will use OSHA's standards as a foundation and build upon them to make their workplace even more safe and secure. Myth #5: Training Courses are Offered Directly by OSHA Yet another common myth surrounding OSHA training, many happen to believe that OSHA itself provides the safety training courses. OSHA, however, doesn't host direct classroom courses or online ones. Instead, OSHA authorized trainers to do the job by training managers and workers from different industries on workplace safety topics. The trainers at HAZWOPER-OSHA are authorized in numerous workplace safety and health topics. Not only that, but our training programs are also frequently updated and follow strict OSHA guidelines which ensure top safety standards for each course provided. Myth #6: It’s Compulsory to Take OSHA Courses In-Person Except for a small part of the HAZWOPER training which is conducted by the employer at the worksite due to being hands-on, OSHA courses don't require you to be physically present. Most OSHA courses, like ours, can be taken online, allowing you to study and complete them at your pace. To make it easier and to balance your work and personal life, we've made our online OSHA courses available for both computer and mobile devices like tablets and smartphones. Every lesson is narrated by professional instructors which gives you a one-to-one experience. Myth #7: As Per OSHA Standards, Powered Industrial Lift Operators Need to Carry a “Driver’s License.” As per OSHA's Operator Training requirements, the employer has to validate that each operator has been properly trained. It's stated in the rule that the certification has to contain the name of the operator, the training date, the date of the evaluation, and also the evaluator's identification. That being said, there is no mention of the requirement of a driver's license. Final Thoughts As you can see there are plenty of common myths that revolve around OSHA training as well as general safety rules and regulations. Busting them at the earliest is important and helps you clarify severe misconceptions about OSHA training and the agency itself. We hope busting these top myths will help you understand OSHA standards in a much better way. Speaking of OSHA training, if you're on the lookout for an OSHA-certified safety training course for your employees, we've got you covered. We offer professionally-narrated HAZWOPER OSHA courses like the HAZWOPER 40 Hour, HAZWOPER 24 Hour, and HAZWOPER 8 Hour Refresher to help you promote safety at your workplace. Enroll today and make your workplace OSHA-compliant. For more information, feel free to reach out to us.

Coronavirus Outbreak: OSHA Guide to Preventing Exposure OSHA’s new webpage for 2019 Novel Coronavirus (2019-nCoV) provides information and resources for preventing exposure to the new coronavirus. The Novel Coronavirus was first detected in Wuhan City, Hubei Province, China. This virus has been identified as the cause of an outbreak of respiratory illness in China initially; which thereafter spread across the globe to many countries including the United States. Early on, the outbreak in Wuhan, China was linked to a large seafood and animal market, suggesting animal-to-person transmission. However, a growing number of patients reportedly have not had exposure to animal markets, indicating that person-to-person spread is occurring. At this time, it is unclear how easily or sustainably this virus is spreading between people.  The World Health Organization has declared the outbreak a “public health emergency of international concern.” The latest situation summary updates are available on CDC’s web page 2019 Novel Coronavirus, Wuhan, China. Symptoms and Transmission Symptoms of infection with 2019-nCoV include fever, cough, and shortness of breath. According to the CDC, spread from person to person is most likely among close contacts (about 6 feet). Person-to-person spread is thought to occur mainly via respiratory droplets produced when an infected person coughs or sneezes, similar to how influenza and other respiratory pathogens spread. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs. It is currently unknown if a person can get 2019-nCoV by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes. There is much more to learn about the transmissibility, severity, and other features associated with 2019-nCoV as the outbreak investigation continues. OSHA Standards At present, there is no evidence of widespread transmission of 2019-nCoV in the United States. For the general American public (including most types of workers), the immediate health risk from 2019-nCoV is considered low at this time. The risk to individuals is dependent upon their exposure to the virus. Therefore, the risk of exposure and infection may be elevated for certain workers, especially those who interact with potentially infected travelers from abroad, including workers in healthcare, deathcare, laboratories, airline operations, border protection, waste management, and international travelers. There is no specific OSHA standard covering 2019-nCoV at this time. However, some OSHA requirements may apply to preventing occupational exposure to 2019-nCoV, most notably the PPE (29 CFR 1910.132), Eye and Face Protection (29 CFR 1910.133), Hand Protection (29 CFR 1910.138), Bloodborne Pathogens (29 CFR 1910.1030), and Respiratory Protection (29 CFR 1910.134) standards. OSHA has developed a set of interim guidelines to help prevent worker exposure to 2019-nCoV. General Guidance for All Workers and Employers Regardless of specific exposure risks: Frequently wash your hands with soap and water for at least 20 seconds; Avoid touching your eyes, nose, or mouth with unwashed hands; and Avoid close contact with people who are sick. Interim Guidance for Workers and Employers with Potential Occupational Exposures to 2019-nCoV In all workplaces where exposure to the 2019-nCoV may occur: Immediately isolate people suspected of having 2019-nCoV. Institute appropriate measures to limit the spread of the person’s infectious respiratory secretions (such as providing them with a face mask). Carefully evaluate whether or not work areas occupied by people suspected of having the virus may have been contaminated, and whether or not they need to be decontaminated in response (at present, the transmissibility of 2019-nCoV from contaminated environmental surfaces and objects is not fully understood). Train all workers about the sources of exposure to the virus, the hazards associated with that exposure, and appropriate workplace protocols in place to prevent or reduce the likelihood of exposure. Additionally, employers and workers may also consult interim CDC guidance specific to 2019-nCoV. Training on Workplace Safety during the COVID-19 Pandemic To help employers to safeguard employees during the COVID-19 pandemic, HAZWOPER OSHA LLC had developed an online training program to increase awareness, help to prepare workplaces and workers, and enable employees to respond appropriately towards the pandemic. So, enroll in our Pandemic Awareness online training program and continue operating your business while ensuring the health and safety of your employees.  

Using Headphones to Listen to Music on a Construction SiteWhat is OSHA’s Point of View? The Occupational Safety and Health Administration (OSHA) recently issued a letter of interpretation in response to an employer’s question regarding the use of headphones to listen to music on a construction site. The employer inquired, “Some headphones are equipped with a built-in volume limiter and are marked as “OSHA approved” for use in the workplace. Is there a specific OSHA regulation that prohibits the use of headphones to listen to music on a construction site?” In response to the inquiry, the letter stated that there is no specific OSHA standard that prohibits the use of headphones on a construction site. However, the letter went on to explain that OSHA does have specific standards for Occupational Noise Exposure in construction (29 CFR 1926.52) that sets permissible noise exposure limits and requires the employer to protect employees subject to sound levels exceeding these limits. OSHA’s Hearing Protection standard (29 CFR 1926.101) also requires employers to provide employees with hearing protection whenever noise levels exceed the permissible limits. However, a portable music player is not a substitute for hearing protection. While reflecting on the various hazards inherent at construction sites, the letter went on to explain that, “the use of headphones on a construction site may be permissible at managerial discretion, unless such use creates or augments other hazards apart from the noise. For example, struck-by hazards are one of the four leading causes of death in construction. It is the employer’s responsibility to ensure that employees are not exposed to struck-by hazards while performing their work. Listening to music may produce a safety hazard by masking environmental sounds that need to be heard, especially on active construction sites where attention to moving equipment, heavy machinery, vehicle traffic, and safety warning signals may be compromised.” Lastly, while addressing the issue of various manufacturers addressing their headphones as “OSHA approved” or “100% OSHA compliant” the letter clarified that, “OSHA does not register, certify, approve, or otherwise endorse commercial or private sector entities, products, or services.” The key takeaway from this letter is that despite the fact that OSHA does not have a specific standard that prohibits the use of headphones to listen to music on a construction site, it is the responsibility of the employer to conduct a thorough hazard assessment and determine an appropriate policy regarding the use of headphones on the worksite. If the use of headphones would expose employees to potential hazards on a worksite, the employer could still be liable for the violation of OSHA’s safety and health standards.

OSHA’s National Emphasis Program Targets Industries WithHigh Amputation Rates WASHINGTON, DC – The Occupational Safety and Health Administration (OSHA) recently issued an updated National Emphasis Program (NEP) to focus agency inspections on amputation hazards in manufacturing industries. This directive updates the NEP on amputations issued in 2015. The NEP specifically targets industrial and manufacturing workplaces where employees are injured by unguarded or improperly guarded machinery and equipment. The updated NEP on amputations: Revises targeting methodology to include data from amputation reporting requirements; Revises coding requirements for amputation inspections in the OSHA Information System; and Adds new appendices on amputations targeting methodology and North American Industry Classification System codes. OSHA’s National Emphasis Programs focus the agency’s enforcement activity in a certain direction and do not create any new obligation to employers. The NEP on amputations includes a three-month period of education and prevention outreach, which will continue till March 10, 2020. During this period, OSHA will continue to respond to complaints, referrals, hospitalizations, and fatalities. Enforcement activities will begin after the outreach period and will remain in effect until further notification. To this end, OSHA-approved State Plans are also expected to have enforcement procedures that are at least as effective as those specified in OSHA’s trade release. It is the responsibility of the employer to ensure that machines are properly safeguarded in order to prevent amputations and other fatal injuries. OSHA’s Machine Guarding webpage provides compliance assistance resources to help employers identify amputation hazards, and follow required procedures to properly guard stationary and portable machines.