OSHA Emergency Temporary Standard (ETS)

Last month, The United States Supreme Court blocked OSHA’s Emergency Temporary Standard (ETS) related to COVID vaccine mandates. However, OSHA’s General Duty Clause is still broadly applicable and being enforced. Over 18,000 complaints have been filed and over $4 million dollars in fines have been assessed against employers when workers were found not adequately protected from occupational exposure to COVID-19.

COVID-19 can be an OSHA recordable if a worker is infected as a result of performing their work-related duties. Employers are only responsible for recording cases of COVID-19 if all of the following are true:

1. The case is a confirmed case of COVID-19;

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 set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

For questions or inquiries about the ETS, please contact us. Stay Safe!

Do Your Employees Need OSHA 10- and 30-Hour Outreach Construction Training?

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OSHA does not require anyone to complete the OSHA 10-hour or 30-hour Outreach Training courses. However, some states and municipalities have made the classes mandatory for certain workers in the construction industry. Also, some employers, unions, organizations or other jurisdictions may also require this training.

The 10-hour outreach courses provide basic awareness training on the recognition, avoidance, abatement, and prevention of workplace hazards within the construction industry.

The 30-hour outreach courses provide a greater depth and variety of training on an expanded list of topics associated with workplace hazards in the construction industry. This course is designed for supervisors and project managers.

OSHA recommends outreach courses as an orientation to occupational safety and health for workers. However, some states have enacted laws mandating the training. (see chart below)

Does OSHA Cover Your Small Business?

The Occupational Safety and Health Act covers most businesses that have employees. It has specific rules and regulations but it also specifies a number of industries that are exempt from the OSH Act.

Not everyone has to follow OSH Act regulations and many small businesses are exempt from the requirements.

Most OSH Act requirements are designed to keep employees safe and it’s a not a bad idea to consider if they can help you, both for your employee’s sake and yours. Keeping employees safe at work saves your company money by reducing workplace injuries, lowering insurance premiums, and avoiding unexpected legal costs.

If you’re a small business, how do you know if you’re are covered from OSHA?

First things first, if you’re unsure about your status under the OSH Act, it’s a good idea to talk discuss with a Safety Consultant. We highly recommend Assurance Safety Consulting!

Businesses with 10 employees or fewer are exempt from OSH Act’s injury and incident reporting as well as programmed inspections by Occupational Safety and Health Administration employees.

Other small businesses with more than 10 employees may also be exempt from the programmed inspections. This applies to certain “low-hazard industries” identified by OSHA.

Certain employers are not covered by the OSH Act, meaning none of the rules apply to these businesses. That includes self-employed people, farms that employ only immediate family members, and people who employ others for domestic services such as child care.

Churches and religious church activities, states, and businesses that are governed by federal agencies are also not enforced by OSH Act regulations. In reality it can be difficult to figure out where a complex and evolving business falls under OSH Act regulations. If you are unsure about whether your business falls within an exempt category, contact ASC for a free compliance Inspection and review of your companies requirements.

Being exempt from the OSH Act can mean greater flexibility for a small business with few employers. Knowing your status can help you avoid penalties while taking advantage of the benefits of being a small business owner.

OSHA’s Recordkeeping Rule

Employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. These industries are also required to post their OSHA 300A logs annually, from February 1st thru April 30th.  Note: Certain low risk industries are exempted (see list).

Additionally, employers with more than 250 employees (and higher risk industries with 50-249 employees) are required to submit their forms electronically (before July 1, 2018). The Injury Tracking Application (ITA) is accessible from the ITA launch page, where you can provide the Agency your 2017 OSHA Form 300A information.

Q&A with Assurance Safety Consulting

Q: What does OSHA consider to be a “serious work-related injury”?

A: OSHA classifies these injuries as “OSHA Recordables”. An OSHA Recordable meets the following criteria:

• Any work-related fatality.
• Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.
• Any work-related injury or illness requiring medical treatment beyond first aid.
• Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums.
• There are also special recording criteria for work-related cases involving: needlesticks and sharps injuries; medical removal; hearing loss; and tuberculosis.

Q: How can I access the Injury Tracking Application (ITA)?

A: The Bureau of Labor and Statistics (BLS) will notify and provide a link to access the database.

Q: How do I know if my company is considered “high risk”?

A: BLS will notify employers of 50-249 employees if their industry is determined to of “high risk” via certified mail.

Q: How do I determine what industry I work in?

A: OSHA uses the North American Industry Classification System (NAICS) to determine your industry. Most cases, you can also use your Standard Industrial Classification (SIC).

For further questions please contact your OSHA Regional Office or preferably Assurance Safety Consulting!

OSHA Penalties & Fines

The United States Department of Labor (DOL) revised their proposed interim final rule in regards to the maximum penalties allowable by federal law. The amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990 took effect back in 2015 and officially was in place as of August 2016. An outline of the changes is listed in the below table.

What impact would a fine outlined above, have on your business?

Contact Assurance Safety Consulting to ensure you are in compliance!

Safety Inspections

Contact Us for a FREE Inspection! 

Safety inspections can be a monotonous chore. Take a look at the pictures on your walls at your home...how many of you looked at one of the pictures and thought “ohhhh ya”. Yet, you’ve probably walked past that same exact picture hundreds of times. 

The same is applicable to Safety Inspections of a workplace. Many companies have a health and safety professional onsite, maybe a “safety committee” that conducts a “periodic audit”. After inspecting the same space, repeatedly, human nature takes over and we become complacent. Often times, this will result in overlooked compliance and safety issues within your workplace!

OSHA's 2017 Top 10 Most Cited Violations

1.       Fall Protection – General Requirements (1926.501)

2.       Hazard Communication (1910.1200)

3.       Scaffolding (1926.451)

4.       Respiratory Protection (1910.134)

5.       Lockout/Tagout (1910.147)

6.       Ladders (1926.1053)

7.       Powered Industrial Trucks (1910.178)

8.       Machine Guarding (1910.212)

9.       Fall Protection – Training Requirements (1926.503)

10.      Electrical – Wiring Methods (1910.305)

Does your company have any of these risks? Contact Assurance Safety Consulting for assistance with maintaining the compliance and managing your safety management program! 

Saving Money With Safety!

As with most Federal Agencies, whether it’s the Internal Revenue Service, Department of Transportation, or the Occupational Safety and Health Administration, the perception of these departments can be negative. Why? Because these agencies are in place to enforce and administer rules and regulations, right? While operating a business can be a daunting task, the last thing a business owner wants to discover would be additional requirements in order for them to operate and continue to be a profitable entity. However, when it comes to OSHA and employee safety, maintaining compliance can actually help you save in several ways!

When properly managed, an Environmental Health and Safety program can benefit both the employee and the employer. By reducing (and ultimately eliminating) workers compensation claims caused by an occupational injury, potentially saves employers thousands of dollars. Ensuring that your employees are safe and that your operations are in compliance also avoids costly OSHA fines.

An effective Safety Management program consists of the following 4 basic components:

Recordkeeping: Maintaining accurate and up to date records is required. Having an effective communication system for employees to report injuries and “close calls” will help aid in preventing hazardous work environments. Did you know that OSHA is in the process of developing an online reporting system? Reducing injuries not only saves the employer money, but it also increases productivity, enhances employee morale, and creates a positive work environment.

Written Safety Programs: Based on the industry you work in, regulations vary. It is extremely important to outline your company’s policies ensuring that they align with applicable Local, State, and Federal Regulations. Having an effective program will ensure employees are working safely. Each program should consist of a periodic review of the hazards that could potentially exist. Failing to have an effective program can open up compliance concerns and allow OSHA to mandate additional oversite regarding safety compliance.

Safety Training: OSHA requires the employer to train their employees on specific safety topics (many annually). Failing to properly train employees not only results in non-compliance, but also increases the risk of unsafe work practices. Effective training can meet OSHA requirements and provide the employee with the necessary guidance to perform their work in a safe manor.

Audits and Inspections: Conducting frequent audits and inspections of your facility to ensure compliance and identify the hazards associated with your industry and the job at hand, identifies potential unsafe working conditions and potential unsafe work practices. Keeping employees safe should be the ultimate goal for any business. Ensuring that you remain in constant compliance can, and will, ultimately avoid hefty OSHA fines.

In conclusion, using the above listed tools to ensure a workplace free of recognizable hazards is not only the law, but also a solid foundation to ensure your business avoids unexpected financial losses.

To explore how Assurance Safety Consulting, LLC can save you money and ensure your compliance, contact us at (603) 921-3445 or visit our website www.assurancesafetynh.com.

Stay Safe,

Corey Hartson, President

Assurance Safety Consulting, LLC

Saving Money With SAFETY!