It's That Time! Remember to Post Your 300A Form and Electronically Report Your 2023 OSHA 300A Data to OSHA Using a New Login Procedure.

Every year at this time the Occupational Safety and Health Administration (OSHA) requires employers with 10 or more employees to post the OSHA 300A form from February 1 to April 30th, 2024.  Each year certain employers must electronically submit the OSHA 300A information directly to OSHA by March 2, 2024.  If you remember, the 300A form summarizes the injury and illness information that was kept on the OSHA 300 log form.  In addition, remember COVID-19 is a recordable and reportable illness if confirmed, work-related, and led to a loss of workdays (see below for a further discussion).  It would be recorded as a respiratory illness on the OSHA 300 form.  Because this is an illness, if an employee voluntarily requests that his name not be entered on the log, the employer must comply as specified under 29 CFR 1904.29(b)(7)(vi) and list it as a privacy case. 

OSHA 300A Form - Posting/Reporting Form

If you need assistance in completing the OSHA 300A form we did a webinar together with Keevily Spero & Whitelaw on completing the OSHA 300 & 300A form.  You can find the webinar here or watch it below.   Remember covered employers are required to prepare and maintain records of serious occupational injuries and illnesses that occur at a workplace on the OSHA 300 log form.  At the end of the year, covered employers are required to tally the totals on each column and enter the totals on the OSHA 300A form.  The information should be used by employers to evaluate safety in the workplace and determine ways to eliminate or reduce hazards in the workplace.  OSHA's 300A form is required to be posted until April 30, 2024, and must be retained for 5 years.  During the retention period, you are required to update the log to add new information regarding the occupational injuries and illnesses recorded on it.  OSHA has a brief tutorial to help you complete the forms.  

A final rule was issued and went into effect on January 1, 2017, requiring certain employers to electronically submit injury and illness data to OSHA.  OSHA has provided an online secure website (click here for the website) for submitting this information.  Remember there is a new login procedure that became effective in October 2022.  The OSHA Injury Tracking Application (ITA) transitioned its login procedure to the public's one account access to government applications, Login.gov.  All current and new account holders must connect their ITA account to a Login.gov account with the same email address to access the application for the 2024 collection of Calendar Year 2023 Form 300A data.  You can watch the video on creating this account here.  You must submit this information by March 2, 2024, OSHA started collecting the information on January 2, 2024.  If you meet the following criteria you DO NOT have to electronically submit your 300A information to OSHA:

OSHA 300 Log Form

 

• The establishment's peak employment during the previous calendar year was 19 or fewer, regardless of the establishment's industry.
• The establishment's industry is on this list, regardless of the size of the establishment.
• The establishment had peak employment between 20 and 249 employees during the previous calendar year and the establishment's industry is not on this list.   Construction and remediation and other waste management services are both on this list, so if you are in those industries and meet the size requirements you must electronically report your OSHA 300A information.

SARS-CoV2

In addition, COVID-19 can be a reportable and a recordable illness if a worker is infected as a result of performing their work-related duties.  If your work-related confirmed COVID-19 case results in a hospitalization you must report it within 24 hours of exposure to COVID-19 at work or if it results in a fatality you must report it if it occurred within 30 days of exposure to COVID-19 at work (see OSHA coronavirus reporting for more information).  However, employers are only responsible for reporting or recording cases of COVID-19 if all of the following are true:

• The case is a confirmed case of COVID-19 (see Centers for Disease Control (CDC) information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
• The case is work-related (as defined by 29 CFR 1904.5); and 
• 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).

Employers should follow the OSHA guidance found in the Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19).

Related Articles:

• OSHA Recordkeeping Webinar To Discuss Posting Requirements For 300A Form & Filing It Electronically! (futureenv.blogspot.com)
• It's That Time Again! Did You Remember to POST Your OSHA 300A Form! (futureenv.blogspot.com)
• Have You Remembered To Post The OSHA 300A Form? (futureenv.blogspot.com)

Top 10 Most Frequently Cited Standards for Fiscal Year 2021 (Oct. 1, 2020, to Sept. 30, 2021)

The Occupational Safety and Health Administration (OSHA) annually posts the top ten frequently violated standards.  The purpose of this posting is to give employers the opportunity to fix these violations before OSHA inspects your project site.  When we discuss these with our clients and students we call these violations the low-hanging fruit for OSHA.  

1. Fall Protection, construction (29 CFR 1926.501) [related safety resources]
2. Respiratory Protection, general industry (29 CFR 1910.134) [related safety resources]
3. Ladders, construction (29 CFR 1926.1053) [related safety resources]
4. Hazard Communication, general industry (29 CFR 1910.1200) [related safety resources]
5. Scaffolding, construction (29 CFR 1926.451) [related safety resources]
6. Fall Protection Training, construction (29 CFR 1926.503) [related safety resources]
7. Control of Hazardous Energy (lockout/tagout), general industry (29 CFR 1910.147) [related safety resources]
8. Eye and Face Protection, construction (29 CFR 1926.102) [related safety resources]
9. Powered Industrial Trucks, general industry (29 CFR 1910.178) [related safety resources]
10. Machinery and Machine Guarding, general industry (29 CFR 1910.212) [related safety resources]

OSHA in a sense is providing you with fair warning that during an OSHA inspection these are the first thing they will be looking at.  Many of these items can be easily resolved before OSHA arrives, such as respiratory protection, hazard communication, ladders, fall protection training, scaffolding, and powered industrial trucks.  Remember these items must be documented and this can be easily done, also.

Future Environment Designs together with SiteDocs can handle the documentation and training requirements for the above safety hazards and have this information easily documented.  With SiteDocs this documentation is readily available on multiple devices allowing inspections in the field to be documented, stored, and made available upon request.  Future Environment Designs can not only provide your staff the training and documentation required either in-person, virtual, or through e-learning, but we can also create the written programs and inspections required under the various standards.  So visit our website and click on Contact to start discussing how we can help you be better prepared for an OSHA inspection.

The Annual Increase of OSHA Penalties Goes Into Effect!

On January 13, 2022, the Occupational Safety and Health Administration (OSHA) announced (click here for the announcement) effective January 15, 2022, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 and several amendments that they are making the annual adjustments for inflation as required by those laws.  

The cost-of-living adjustment multiplier for 2022, based on the Consumer Price Index for October 2021 is 1.06222.  In computing the 2022 adjustment, OSHA multiplied the most recent penalty amount for each applicable penalty by the multiplier and then rounded to the nearest dollar.  

Serious Violation Penalties (per violation)       

    Minimum $1,036        Maximum $14,502

Other-Than-Serious Penalties (per violation)

    Minimum $0               Maximum $14,502

Willful or Repeat Penalties (per violation)    

     Minimum $10,360*    Maximum $145,027   

Posting Requirements (per violation)

    Minimum $0                Maximum $14,502

Failure to Abate (per day unabated beyond the abatement date, max. 30-days) $14,502

*For a repeated other-than-serious violation that otherwise would have no initial penalty a Gravity Based Penalty (GBP) of $414 shall be proposed for the first repeat violation, $1,036 for the second repeated violation, and $2,072 for a third repetition.              

This serious violation would cost the employer between $1,036 and $14,502

OSHA increased its penalties on August 1, 2016, the link to our previous blog post discussing the initial increase that started this annual process to increase fines is here.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 13, 2022 enforcement memo details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA's website provides information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

New Head of OSHA Confirmed by the U.S. Senate! Doug Parker Will Take the Reins!

 It only took the United States Senate 1747 days to confirm a new head of the Occupational Safety and Health Administration (OSHA).  OSHA has been without a head since January 2017.  President Joseph Biden nominated Mr. Doug Parker on April 9, 2021, and the Senate confirmed him on October 25, 2021.  We have to remember that former President Donald Trunp nominated Scott Mugno in October 2017, but Mr. Mugno withdrew in May 2019 after waiting for 19 months for the Senate to confirm him.

Mr. Doug Parker, Assistant Secertary to OSHA

Mr. Parker had his Senate confirmation hearing held on May 27.  Obviously, many of the questions posed to Mr. Parker were related to the pandemic and the soon to be released OSHA emergency temporary standard regarding protecting workers from COVID-19 for General Industry.

Mr. Parker has served as the head of California Division of Occupational Safety and Health (CAL/OSHA) since September 2019.  In his confirmation hearing he defended CAL/OSHA's emergency temporary standard on COVID-19 and strongly defended OSHA's plans for a new emergency temporary standard.  Currently, OSHA's emergency temporary standard for COVID-19 only applies to healthcare and healthcare support service workers.

OSHA is 50 Years Old

It is obvious from his experince at CAL/OSHA and other similar safety-related organizations he has the skill set and leadership abilities to be the new head at OSHA.

OSHA Announces The Annual Increase in OSHA Penalties Effective January 15, 2021

On January 8, 2021, the Occupational Safety and Health Administration (OSHA) announced effective January 15, 2021, in accordance with the Inflation Adjustment Act has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,653, from $13,494.  Failure to Abate violations has increased to $13,653 per day beyond the abatement date from $13,494 and Willful/Repeat violations have increased to $136,532 from $134,937.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2021 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 8, 2021 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA launched a new website to provide information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

A serious violation, as this picture shows, would now result in a $13,653 penalty. 

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

Final Phase of New York City Training Requirements for Construction Workers Arrives on March 1, 2021.

On August 27, 2020, New York City's (NYC) Council amended the administrative code of the City of New York in relation to the definition of site safety training full compliance date.  This amendment 2059-2020 goes into effect immediately and extends the compliance date to March 1, 2021.  New York City Buildings posted the following notification.  

In 2017, New York City's (NYC) Council amended the administrative code of the City of New York and the NYC building code, in relation to construction site safety training.  This amendment is called Local Law 196 of 2017 (formerly known as Intro. 1447).  It amends the administrative code by adding section 22-509 Construction site safety training courses.  Requiring the Mayor to establish by March 1, 2018, a program to provide equal access to construction site safety training.  This law has several deadlines and was established to make sure that construction workers in New York City all had a minimum amount of training.  This law has been updated and delayed twice, so far (click here for the FAQ on the regulation).

Properly capped rebar

The first deadline has passed already, beginning March 1, 2018, each permit holder at a building site for which a construction superintendent, site safety manager, or site safety coordinator is required shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall have successfully completed:

• an Occupational Safety and Health Administration (OSHA) 10-hour class;
• an OSHA 30-hour class; or
• a 100-hour training program.

We are currently passed the second deadline of December 1, 2019.  Permit holders shall ensure each worker has an OSHA 30-hour card, SST card, a limited SST card or a temporary SST card and each worker who is serving as a site safety manager, site safety coordinator, concrete safety manager, construction superintendent or a competent person at such site shall have an SST supervisor card.

Recent OSHA 30-hour Construction Safety Course

If you are wondering what an SST card, a limited SST card, a temporary SST card, or an SST supervisor card is, well you are not the only one!  First, a Site Safety Training card (SST card) SST card, a limited SST card, a temporary SST card, or an SST supervisor card are cards that are issued by a New York City Department of Buildings Approved Training Provider (which at the time of my writing this, there are 102 training providers approved).

To get a limited SST card (which expires August 31, 2020) you must have taken one of the following training paths:

1. OSHA 10-hour class with 20-hours of additional training:
• OSHA 10-hour
• 8-hour Fall Prevention
• 8-hour Chapter 33 (Site Safety Manager Refresher) or 4-hour General Electives and 4-hour Specialized Electives
• 4-hour Supported Scaffold User and refresher
2. OSHA 30-hour class
3. 100-Hour Training Program Approved by the Building Department
4. Prior Experience
• 4-hour Fall Prevention
• 4-hour Supported Scaffold User

To get a temporary SST card (which expires after 6 months during which time training must be completed to receive a Limited SST card or SST card) you must have taken an OSHA 10-hour class.

To get an SST card (which expires after 5 years) you must have taken one of the following training paths, this card will be required by September 1, 2020 (unless the NYC Council pushes this deadline back):

1. OSHA 10-hour class with 30-hours of additional training:
• OSHA 10-hour class
• 8-hour Fall Prevention
• 8-hour Chapter 33 (Site Safety Manager Refresher)
• 4-hour Supported Scaffold User
• 4-hour General Electives
• 4-hour Specialized Electives
• 2-hour Drug and Alcohol Awareness
2. OSHA 30-hour Class with 10-hours of additional training:
• OSHA 30-hour class
• 8-hour Fall Prevention
• 2-Hour Drug and Alcohol Awareness
3. 100-hour Training Program Approved by the Building Department
4. Prior Experience
• 4-hour Fall Prevention
• 4-hour Supported Scaffold User

To get a Supervisor SST card (which expires after 5 years) you must have taken:

• OSHA 30-hour class
• 8-hour fall prevention
• 8-hour Chapter 33 (Site Safety Manager Refresher)
• 4-hour Supported Scaffold User
• 2-hour Site Safety Plan
• 2-hour Tool Box Talks
• 2-hour Pre-task Safety Meetings
• 2-hour General Electives
• 2-hour Specialized Electives
• 2-hour Drug and Alcohol Awareness

So that's how you get the various cards required under this local law.  The law doesn't end there.  The next compliance date is September 1, 2020.  By that date, all workers must have an SST card to work on most construction projects.

By the full compliance date, SST Cards & Supervisor SST cards will be required on most construction sites

Since SST Cards and Supervisor SST cards expire after 5 years, applicants must have completed training to renew the cards in the one-year period preceding renewal of the card (in other words if the card expires in September 2025, in the year from September 2024 to September 2025 you need to complete the training discussed below):

1. SST Card (8 Hours)
• 4-hour Fall Prevention
• 4-hour Supported Scaffold User
2. Supervisor SST card (16 hours)
• 8-hour Fall Prevention
• 4-hour Supported Scaffold User
• 2-hour Tool Box Talks
• 2-hour Pre-Task Safety Meetings

Local Law 196 of 2017 obviously, creates a minimum training requirement for workers on most construction projects, to visit the NYC Site Safety Training website click here.  Permit holders are required to maintain a daily log that identifies each worker and that includes, for each worker a copy of SST card, a limited SST card, a temporary SST card, or an SST supervisor card or proof of taking an OSHA 10-hour; OSHA 30-hour; or 100-hour training program.  Violations of this law will result in a civil penalty of up to $5,000 per untrained worker to be issued to the owner of the site, the permit holder, and the employer of the untrained worker (this could mean up to a $15,000 fine, based on contract language, to the employer of the untrained worker).  Failing to maintain the log will result in a civil penalty of $2,500.  The gradual phase-in, the list of General and Specialized Elective courses, and the recent release of what it will take to become an approved training provider all seem to imply that the later dates may be the actual dates of implementation.  As we see now.

Related Articles:

• Local Law 196 of 2017 Deadlines Extended.
• The Impact of New York City’s New Mandatory Construction Site Safety Training Requirements Under Local Law 196

New Course Offerings From Future Environment Designs!

Future Environment Designs is proud to announce the development of several new e-learning and virtual training courses.  The first virtual training course is this Friday, May 1, 2020, at 10 AM.  We will be providing training on SARS-CoV-2 (coronavirus) the virus that causes Covid-19.  This training course will include three modules covering Covid-19 awareness, Covid-19 Pandemic Response Plan, and Cleaning, Disinfecting, and Personal Protective Equipment (PPE) for SARS-CoV-2.  Click here to register for this course.  If you can't make the virtual learning course, we also created an e-learning Covid-19 course which also includes the three modules.  Click here to register for the e-learning course.  We created both courses to cover the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) training requirements for workers that have the potential to be exposed to SARS-CoV-2.

SARS-CoV-2 (coronavirus)

We also created a four-hour e-learning course for bloodborne pathogens to meet the requirements of the OSHA bloodborne pathogen standard and NYS's Nassau County training requirement for the Environmental Hazard Remediation Contractors License.  See our blog post for more on the Nassau County requirements.  In addition, we created a Respirator Hierarchy course to try and clarify some of the confusion out there regarding respirators.  You can register to take either of these e-learning courses or any of the other courses we created at https://futureenvironmentdesigns.com/online-courses.html.  Also, remember if you take a number of training courses with Future Environment Designs the best value and price would be to sign-up for a training subscription at our patron page https://www.patreon.com/fedtc.

Future Environment Designs wishes all of you a Merry Holidays and a Happy New Year for 2020!

Future Environment Designs (#FEDTC) wishes you and your family a Merry Holidays and a Happy New Year.  As we say goodbye to 2019 and 2010 decade, it is a good time to reflect on all we accomplished in the last decade, including:

• Future Environment Designs achieving over 30 years in business.  Including writing a book called "Do As I Say, Not As I Did" about the experience.
• We have successfully added online registration for all our courses.
• We have created several online courses including NYCDEP Exam Prep, Asbestos Awareness, Hazard Communication with a New York State Department of Labor Right-to-Know component, Respirator User and OSHA Crystalline Silica Standard for Workers.  Expanding our client's ability to provide training for its workers. 
• We have digitized the course evaluation process.  To see how our students have been rating our courses visit our Coursecheck website.
• We have automated most of the reminder process.
• We have converted most of the asbestos and mold refresher courses into blended learning courses.
• We have continued to establish FEDTC as a resource of information.  Maintaining our position as a leading training provider in New York State.

2019 Rockefeller Center

As we say hello to 2020 and we look forward to the coming decade, the time is coming to hand over the reins of Future Environment Designs to a younger generation.  We expect this process to take most of the decade to ensure our clients are still provided the level of information and service they have come to expect from Future Environment Designs.  We expect more digitizing and blending of the courses moving into the future, including:

• All exams being moved online.
• Shopping cart added to the website.
• Revision of the website making it more mobile-friendly. 
• New online courses including Bloodborne Pathogens, Respirator Administrator, PCB Awareness, etc.

We are looking forward to seeing all of you in 2020 and during the upcoming decade.  We are also excited about the changes and opportunities coming our way.  Again, we wish you & your family a Merry Holidays and a Happy New Year!!!

Merry Holidays and a Happy New Year 

OSHA Fines Increase - Silica Rule Enforcement Ramps Up

On January 2, 2018, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $12,934, from $12,471.  Failure to Abate violations have increased to $12,934 per day beyond the abatement date from $12,471 and Willful/Repeat violations have increased to $129,336 from $124,709.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.

Properly Using Table 1 Will Avoid a Violation

According to April 24, 2018, article by Bloomberg Environment, OSHA and state programs have cited the silica rule 116 times since September 23, 2017.  With OSHA ramping up enforcement of the respirable crystalline silica rule (1926.1153) incorrectly following Table 1 procedures (cited 27% of the time), and not measuring worker exposures (cited 30% of the time), can result in a serious violation at the cost of $12,934 each.  Not training workers about silica or not having a silica exposure plan may result in other-than-serious violations that could cost $12,934 each.

Using this Equipment, we can Measure Silica Exposures

OSHA's website discussing the increase in civil penalties can be found here.  While the OSHA website discussing the silica rule requirements can be found here.

Related articles

• OSHA Fines Increase By 78%, Will That Lead To An Increase in Safety Consulting & Training?(futureenv.blogspot.com)

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• OSHA's Silica Standard - What's All The Fuss About? Part One(futureenv.blogspot.com)

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• New NIOSH Study Supports the OSHA Annual Fit Testing Requirements for Filtering Facepiece Respirators(blogs.cdc.gov)

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OSHA Recordkeeping Webinar To Discuss Posting Requirements For 300A Form & Filing It Electronically!

On February 1, 2018, covered employers are required to post the Occupational Safety and Health Administration's (OSHA) 300A form.  To help you with this process Future Environment Designs and Keevily Spero & Whitelaw, an insurance services company, will be holding a webinar on the OSHA Recordkeeping requirements, click here to register for the webinar.  The 300A form summarizes the injury and illness information that was kept on the OSHA 300 log form.  Covered employers are required to prepare and maintain records of serious occupational injuries and illnesses that occur at a workplace on the OSHA 300 log form.  At the end of the year, covered employers are required to tally the totals on each column and enter the totals on the OSHA 300A form.  The information should be used by employers to evaluate safety in the workplace and determine ways to eliminate or reduce hazards in the workplace.  OSHA's 300A form is required to be posted until April 30, 2018 and must be retained for 5 years.  During the retention period you are required to update the log to add new information regarding the occupational injuries and illnesses recorded on it.  OSHA has brief tutorial to help you complete the forms.

OSHA 300 Form

A final rule was issued and went into effect on January 1, 2017, requiring certain employers to electronically submit injury and illness data to OSHA.  OSHA has provided an online secure website (click here for the website) for submitting this information. You must submit this information by July 1, 2018.  If you meet the following criteria you DO NOT have to electronically submit your 300A information to OSHA:

• The establishment's peak employment during the previous calendar year was 19 or fewer, regardless of the establishment's industry.
• The establishment's industry is on this list, regardless of the size of establishment.
• The establishment had a peak employment between 20 and 249 employees during previous calendar year and the establishment's industry is not on this list.
• Establishments under jurisdiction of these State Plan states do not currently have to electronically submit to OSHA: California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming.

300A Form Must Posted By February 1, 2018

A different rule which went into effect January 1, 2015, changed the list of employers partially exempt from the above recordkeeping requirements.  The revised list uses the new method of classification of industries, the North American Industry Classification System (NAICS).  The partially exempt industry list includes: architectural, engineering, & related services; legal services; & drinking places (really!!!), as examples.  For the full list of exempt industries visit OSHA's website on recordkeeping.  In addition, to new exempt industries there are industries that have to start keeping records.  These industries include:  automotive dealers, building material & supplies dealers, & activities related to real estate, for example.  Find the industries that have to start keeping records here.  

Logo for NAICS (North American Industry Classification System), a system used by the U.S. Census Bureau and others. (Photo credit: Wikipedia)

However, this does not exempt these industries or covered industries from reporting to OSHA, within 8 hours, any work-related fatality and reporting work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours.  This new reporting requirement was also part of the changes that went into effect on January 1, 2015.  Employers can report these events by telephone to the nearest OSHA Area office during normal business hours, or the 24-hour OSHA hotline 1-800-321-OSHA (6742), or electronically through a new tool which is being developed, look for it here.   Should you need any assistance with these requirements contact Future Environment Designs.

Related articles

• It's That Time Again! Did You Remember to POST Your OSHA 300A Form!(futureenv.blogspot.com)

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• Have You Remembered To Post The OSHA 300A Form?(futureenv.blogspot.com)

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OSHA's Silica Standard - What's All The Fuss About? Part One

Happy New Year!  May your New Year be healthy, profitable, & peaceful!  This blog post we will talk about the silica regulation and what the fuss is all about.  We've heard from some of our clients that they are concerned that the regulation is like the asbestos regulation.  Well in reality the regulation is more like the lead regulation than the asbestos regulation.  The big drop in the permissible exposure limit makes it similar to the asbestos regulation in that visible dust exposures may result in violations, but that's where it ends for similarity.  Table 1 of the silica standard is similar to the 1926.62 (d) (2) of the lead standard which is Protection of Employees During Assessment of Exposure.  Where based on a certain task (i.e., scrapping lead paint) the employer must comply with all parts of the standard, including the use of respirators.  Table 1 in a sense has a similar requirements.

Spraying Water to Keep Dust Levels Down Will Become Common Place

The Occupational Safety and Health Administration (OSHA) released the final rule for respirable crystalline silica 1926.1153 on March 25, 2016 with compliance dates more than one year past the publication date.  Giving the various industries regulated by the standard plenty of time to comply.  In fact, the construction industry was the first industry required to comply by June 23, 2017, however, the current administration delayed the standard until September 23, 2017 giving the construction industry additional time to comply.  In addition, OSHA's silica website is quite robust with guidance documents in helping the industry comply.  With all this time to comply, including challenges to the standard that the courts eliminated, and equipment manufacturers having time to review Table 1 of the standard, complying with the standard is pretty straightforward if you are performing any of 18 tasks in Table 1.

Table 1 tasks involve exposures to respirable crystalline silica when the following tools are used on concrete, brick, block, stone, mortar, and other materials that contain crystalline silica:

• Stationary masonry saws;
• Handheld power saws;
• Handheld power saws for cutting fiber-cement board;
• Walk-behind saws;
• Drivable saws;
• Rig-mounted core saws or drills;
• Handheld and stand-mounted drills (including impact and rotary hammer drills);
• Dowel drilling rigs;
• Vehicle-mounted drilling rigs;
• Jackhammers and handheld powered chipping tools;
• Handheld grinders for mortar removal (i.e., tuckpointing);
• Handheld grinders for uses other than mortar removal;
• Walk-behind milling machines and floor grinders;
• Small drivable milling machines;
• Large drivable milling machines;
• Crushing machines; and
• Heavy equipment and utility vehicles when used to abrade or fracture silica containing materials (i.e., hoe-ramming or rock ripping) or used during demolition activities; and 
• Heavy equipment and utility vehicles when used for tasks such as grading and excavating.

Doing tasks in this manner, we hope will be a thing of the past!

If your work involves Table 1 tasks then determine how long your workers do those tasks and follow the requirements.  If the requirements require a respirator then you may want to reduce the time period a worker does a task so a respirator is not required.  This would be considered an administrative control under hierarchy of controls and perfectly acceptable.  Once you have determined the tasks, the controls, and time periods, the next step is to write your exposure control plan.  The exposure control plan details the tasks, controls, and time periods/respirator requirements and designating a competent person to ensure the exposure control plan is enforced.  The final step is to train the workers and the competent person on the exposure control plan so everyone understands and knows what is required under the plan.

Wearing A Respirator, Adds Significant Costs for Silica Projects

If your exposure control plan requires respirator, then you must meet the requirements of the respirator standard 1910.134, see our blog post regarding the directive which tells you how this standard would be enforced.  This standard would require a medical evaluation of workers to ensure they can wear a respirator, annual respirator fit testing, and annual training on the use of the respirator.  Respirator standard would also require a written program and the designation of a competent person to administer the written program.  In addition, the silica standard would require you provide a medical exam, specifically for silica, if workers use respirators for 30 days or more in a calendar year.  This medical would be required every 3 years.  The medical must include:

•  medical & work history; 
• chest x-ray;
• pulmonary function test; 
• physical exam focused on the respiratory system; and
• testing for latent tuberculosis infection.  

After all of the above, the final steps in compliance is maintaining the records, in accordance with 1910.1020, and updating the plans on an annual basis.  1910.1020 standard requires that exposure records be maintained for 30 years from the date of creation and medical records be maintained for duration of employment plus 30 years. 

More Projects Will Look Something Like This

Based on the above information, we think it is pretty obvious that you want to eliminate tasks that involve the use of respirators or reduce the amount time a worker does a task that might require a respirator.  Doing so eliminates the need for the silica medical exam and all the requirements under the respirator standard.  The long term costs involved with meeting the requirements for using a respirator (silica medical exam & respirator standard requirements), we think would outweigh the cost of improving equipment used by workers to meet the requirements of Table 1 for each of the tasks.  We have added some silica courses to our schedule to help you comply with the new standard.  Visit our website for more information.  Happy New Year and Be Safe!  

Related articles

• Silicosis Update(blogs.cdc.gov)

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• PACNY's Environmental Conference - The NYSDOL Round Table - Day Three and So It Ends!(futureenv.blogspot.com)

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• New NIOSH Study Supports the OSHA Annual Fit Testing Requirements for Filtering Facepiece Respirators(blogs.cdc.gov)

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• Its Been 15 Years Since 9/11. What Have We Learned?(futureenv.blogspot.si)

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LITE 2017 Is All About The Fundamentals, Future Environment Designs Develops An Online Course!

Future Environment Designs (FEDTC) would like to wish all of you a Merry Holiday and a Happy New Year!  We look forward to seeing all of you in the New Year.  In September, FEDTC attended the 2017 Leadership, Innovation, Technology, & Evolution (#LITE2017) annual conference in Edinburgh, Scotland.  We attended last year's #LITE2016 conference and wrote about our experience (see Future Environment Designs Attends the LITE 2016 Conference & Is Inspired!).  The conference is run by Administrate, which is the company now handling our training and customer administration.  As many of you know, we use Administrate to provide you digital access to our course manual.  Because of the information we learned this year, you now have access to the exam review slides we use in our classes.  We now offer a few Occupational Safety and Health Administration (OSHA) courses online (i.e., respirator users and asbestos awareness) and on adding more.  What attracted us to the LITE conference this year was our desire to delve deeper into the Administrate program and to learn best practices in managing our business.  This year the conference exceeded those goals.  This year there weren't as many inspiring speakers, but many of the speakers gave us fundamental knowledge of the Administrate program and its capabilities.

View from Administrate's Offices

Like last year, the conference followed two tracks Evolution and Innovation, which we mixed and matched the various presentations throughout both days.  All the presentations from the conference can be seen at Administrate's website.  It started with opening remarks from John Peebles the CEO of Administrate, filling us in on Administrate's growth in the United States (based out of Bozeman, Montana) and in the Middle East (based out of Beirut, Lebanon).  Followed by Mike McGrail (@Mike_McGrail, formerly of Administrate and now with Velocity Digital, no kilt this time), speaking on "Busting Modern Marketing Myths".  We then listened to Simon Greany, of Elucidat, discuss "Big Learning: 4 Strategies to Help You Unlock New Revenue Streams with Digital Learning."

Natasha Serafimovska Presentation on Financial Reporting

Many of the presentations afterwards were delving into the inner workings of  the Administrate programs.  These presentations helped us get the best out of the program or gave us ideas of how to improve the information we get from the program.  For example, the presentation by Siobhain Murdoch and our Account Rep Natasha Serafimovska, both from Administrate, discussed "Common Course Pricing Strategies for Training Companies."  From their presentation we learned about creating subscriptions, how training tokens work and how to offer them.   Siobhain Murdoch then joined together with Loki Lau, of Administrate, to discuss "A Deep Dive Into Course Templates," which taught us how to improve the course templates and in particular adding photos to the templates.  Gilles Bell's, of Administrate, presentation on "How to Communicate More Effectively With Students and Customers" provided some ideas we will be implementing with our communications moving forward (first changes will be with the Safety Suzy Newsletter coming out before the end of this month).  The second day started with a 1-2-1 session with our Account Rep Natasha Serafimovska to help us better understand the program and create several reports.  Mark Mullen & Jesse Vernon, both of Administrate, discussed "How to Improve Instructor Led Training (ILT) with eLearning" which made us realize we can significantly improve the materials we are providing you online. 

Ryan Cochrane's presentation on Creating Content That Converts to Leads

Based on the information we learned we have already made several improvements.  For all asbestos refresher courses the manual is online as many of you know already.  In addition, the review for all the asbestos refresher exams is now online, too.  We've created our first online course the respirator user course.  This course is required annually by anyone who uses a respirator.  This will allow you to take the respirator user course "At Your Convenience."  We plan on adding more courses and creating a separate landing page for the "Training At Your Convenience" service, that will include all the different ways we can train your employees, conveniently.  These improvements will help FEDTC continue to improve and offer more ways in meeting our goal of Keeping Your Employees Safe!