THE LATEST ON OSHA REGULATIONS AND REPORTING REQUIREMENTS. Presented by Larry Neenan-OSHA Expert Hosted by DriverFacts

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2 THE LATEST ON OSHA REGULATIONS AND REPORTING REQUIREMENTS Presented by Larry Neenan-OSHA Expert Hosted by DriverFacts

3 Larry Neenan Director of Compliance Services and the President of IEL Company, L.L.C. Mr. Neenan is a Certified Environmental Safety Compliance Officer, Certified Waste Management Professional, and Registered Environmental Property Assessor. Mr. Neenan has training from OSHA and Cal/EPA, and is 40 hour HAZWOPER and OSHA 30 hour trained. Mr. Neenan is a current ASCIP and AMA approve trainer statewide. Mr. Neenan has degrees in Chemistry and Microbiology and has been in the Environmental Industry since Areas of specialty include worker health and safety, risk assessment, risk reduction, worker training, hazardous materials management, hazardous waste management, remediation services, environmental assessments, and water, air and storm water compliance. Mr. Neenan has received letters of commendation and awards from regulatory agencies, as well as private industry ranging from Municipalities to Fortune 500 companies.

4 Today s Topics WHATS NEW AND TRENDING? New Regulations Look Up Page: SST OSHA Site Specific Targeting Program Update on electronic OSHA 300 reporting Update on OSHA workplace incentive programs State Programs Whistleblower Regulations/Retaliation Surface Transportation Assistance Act Injury Statistics Trucking Industry Violations/Penalties/Costs DOT vs OSHA Reporting Serious Accident Reporting How Properly Conduct an Accident Investigation Prior to an OSHA Serious Accident Investigation Visit A Good Safety Program

5 What s New - OSHA

6 SST OSHA Site Specific Targeting Program OSHA Site-Specific Targeting program, (SST) is a programmed inspection system aimed at improving the health and safety of workplaces under OSHA s jurisdiction by targeting enforcement actions on establishments with historically high injury and illness rates. OSHA will create inspection lists of establishments showing elevated Days Away, Restricted, or Transferred (DART) rates on Form 300A Unannounced DIRECTIVE NUMBER: (CPL 02) EFFECTIVE DATE: 10/16/2018 SUBJECT: Site-Specific Targeting 2016 (SST-16)

7 Update: Electronic Injury Reporting OSHA 300 Forms OSHA recently implemented electronic reporting for injuries 4841 Applies General to establishments freight trucking of >250 employees and 4842 Applies Specialized to specialty freight industries trucking employees (SIC) 4884 As proposed Support it activities required electronic for road submission transportation of: 4889 Other support activities for transportation 4921 Couriers and express delivery services 4922 Local messengers and local delivery 4931 Warehousing and storage o 300 Form - Log of Work-Related Injuries and Illnesses o 300A Form - Summary of Work-Related Injuries and Illnesses (posting log) o 301 Form - Injuries and Illnesses Incident Report (Injury Detail Log) However; OSHA is changing the rules

8 Update: Electronic Reporting OSHA 300 Forms On July 30, 2018 the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking (NPRM) to eliminate the requirement to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are currently required to maintain injury and illness records. These establishments would be required to electronically submit information only from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). In addition, OSHA is proposing to require covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission. 300A Summary Form Submit Electronically 300 Form General Log Do Not Submit 301 Form Incident Report Do Not Submit Report by March 2nd, 2019

9 FEDERAL OSHA INJURY TRACKING APPLICATION (ITA)

10 UPDATE: OSHA's Workplace Safety Incentive Programs Remember those programs where company s offer incentives to workers when there are no workplace injuries? ocompany BBQ? Pizza Lunch? ocool Jackets or shirts? o$$ OSHA said can t do

11 OSHA's Workplace Safety Incentive Programs Why Not? OSHA restricted these program for fear Employer s incentive programs might inadvertently (or purposely) create an environment that inhibits or intimidates workers reporting workplace injuries Concern that incentives might cause wrong behavior through policies Trucking example: Idling

12 UPDATE: Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R (b)(1)(iv) Effective October 11, C.F.R (b)(1)(iv) does not prohibit workplace safety incentive programs or post-incident drug testing. Safety incentive program (or post-incident drug testing policy) would only violate 29 C.F.R (b)(1)(iv) if the employer took the action to penalize an employee for reporting a workrelated injury or illness rather than for the legitimate purpose of promoting workplace safety and health. Rate-based incentive programs (i.e Metrics) are also permissible under (b)(1)(iv) as long as they are not implemented in a manner that discourages reporting.

13 State Regulatory Changes

14 State Regulatory Changes Example: California s Upcoming Indoor Heat Regulation By January 1, 2019, the division (Cal-OSHA) shall propose to the standards board for the board s review and adoption a standard that minimizes heat-related illness and injury among workers working in indoor places of employment

15 Trending: Whistleblower Protection Programs

16 Whistleblower Protection Regulations Surface Transportation Assistance Act (STAA) OSHA 1982 Funding & Policy Act (49 CFR) OSHA (29 CFR)

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18 Surface Transportation Assistance Act (STAA) Protects truck drivers and other employees who refuse to violate regulations related to the safety of commercial motor vehicles or who report violations of those regulations. 29 CFR 1978 Example: Forced dispatch, unsafe load/conditions, exceeding Duty hours, cooperating with Government Agencies, etc The employer may be found to have violated STAA if the protected activity in question was a contributing factor in the employers decision to take adverse action against the worker Complaints must be filed within 180 days after the alleged adverse action occurred.

19 Protection From Workplace Retaliation: Possible Employer Actions Against Worker Firing or laying off Black listing Demoting Denying overtime or promotion Disciplining Denial of benefits Examples: Failure to hire or rehire Intimidation/harassment Making threats Reassignment affecting prospects for promotion Reducing pay or hours June 2016 : Company ordered to pay $267,000 to driver who refused to deliver in unsafe conditions. March 2016: Company ordered to pay $55,000 to driver who refused to drive unregistered truck. Jan. 2016: Company ordered to pay $45,000 to driver who refused to drive an unsafe truck.

20 Trending: Workplace Injury Statistics Trucking Industry How are we doing?

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22 Nonfatal Incidence Rates -Transportation

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24 Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work by Selected Occupation

25 OSHA Maximum PENALTIES

26 OSHA Field Manual: Penalty Adjustments - A decision not to apply the penalty adjustments should normally be based on consideration of one or more of the factors listed below.

27 Penalty Assessment Factors 1. The Gravity of the violation: Based on the severity of the injury (High, Medium, Low) Probability the violation causes injury 2. Size of the Employers business 3. The good faith of the employer and; 4. The employer s history of previous violations 5. The employers Safety & Health Program

28 2017 Top 10 OSHA Violations 1. *Fall Protection General Requirements - 6, *Hazard Communication 4, Scaffolding 3, Respiratory Protection 3, *Lockout/Tagout 2, *Ladders 2, *Powered Industrial Trucks 2, Machine Guarding 1, *Fall Protection Training Requirements 1, Electrical Wiring Methods 1,405 *Typically Applicable to the Trucking Industry

29 Top 10 Injuries Cost in Billions Struck against object walking into a door $2.0 Caught in equipment $2.1 Slips or Trips $2.3 Roadway incident driving accident $3.2 Other Exertions bending, reaching, climbing, walking $4.2 Struck by object or equipment falling from above $5.3 Falls -from a ladder or platform $5.9 Falls -slipping on wet floor $11.2 Overexertion - lifting, pushing, pulling, carrying, throwing $13.7 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0

30 Trending or Persistent Injuries - Trucking Strains & sprains (50%) Bruises Fractures Cuts & lacerations Soreness/pain Multiple traumatic injuries Review your operation before OSHA does.

31 INJURIES: DOT vs OSHA The Department of Transportation (DOT) preempts OSHA jurisdiction over the interstate trucking industry while traveling public roads. DOT has jurisdiction over transportation of hazardous materials, whether interstate or intrastate. (Hazmat spills become OSHA) OSHA has jurisdiction over interstate motor vehicles when operated in the workplace i.e. not on public roads. OSHA does have jurisdiction over all intrastate trucking (such as gravel and sand haulers, logging, agriculture, and cement and concrete mixers).

32 DOT vs OSHA - Continued Examples: DOT Traveling on public highways, interstate highway driving, commercial driver licensing, hours of service, seat belt use, and the safe operation and roadworthiness of the vehicles OSHA Off highway" loading and unloading trucks 1. Warehouse, Dock, at the Rig, Construction Site, Airport terminal and in all places truckers go to deliver and pick up loads. 2. If the vehicle in question does not fall within the definition of a Commercial Motor Vehicle: It weighs (GVW) less than 10,001 pounds <8 passengers for compensation <15 passengers not for compensation Hauling Hazardous Materials 3. Lunch and rest breaks during an employee's workday.

33 Questions DOT or OSHA? Falls off the truck while checking a load at the terminal Motor vehicle accident on-road while on the interstate Motor vehicle accident on-road while traveling intrastate only At a truck stop, checking the truck before continuing on At a truck stop, overnight, falls off truck while sitting on the fender

34 Trending: If Your Injury Is Covered By OSHA You may have to report directly to OSHA! OSHA Injury Categories: 1. First Aid Only - No reporting required 2. Medical Treatment - Recording only required 3. Serious OSHA Injuries - record and must report to OSHA

35 3. Serious Accident Reporting (29CFR ) Certain injuries, if severe enough, must be reported "Serious injury or illness" means any injury or illness occurring in a place of employment or in connection with any employment which 1. Requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation 2. Employee suffers a loss of any member of the body 3. Employee suffers any serious degree of permanent disfigurement Does not include any injury or illness or death caused by the commission of a Penal Code violation, or an accident on a public street or highway. (DOT)

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37 3. Serious Accident Reporting Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation, disfigurement or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.

38 Serious Accident Reporting (29CFR ) You must report the fatality, inpatient hospitalization, amputation, disfigurement, or loss of an eye using one of the following methods: By telephone or in person to the OSHA Area Office that is nearest to the site of the incident. By telephone to the OSHA toll-free central telephone number, OSHA ( ). By electronic submission using the reporting application located on OSHA's public Web site at Before you call Be prepared

39 Parameters for Reporting an OSHA Serious Accident When making such report, be prepared to accurately answer the following questions: (1) Time and date of accident (2) Employer's name, address and telephone number. (3) Name and job title, or badge number of person reporting the accident. (4) Address of site of accident or event. (5) Name of person to contact at site of accident. (6) Name and address of injured employee(s). (7) Nature of injury. (8) Location where injured employee(s) was (were) moved to. (9) List and identity of other law enforcement agencies present at the site of accident. (10) Description of accident and whether the accident scene or instrumentality has been altered.

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41 Maintaining and Posting Records The records must be maintained at the worksite for at least five years. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. If requested, copies of the records must be provided to current and former employees, or their representatives.

42 Serious Accident Reporting After reporting will OSHA conduct an on-site investigation? Well almost assuredly Get prepared

43 Preparing and Managing an OSHA Serious Injury Inspection Start to prepare immediately you may have as little as 1-3 days You may be contacted or OSHA may just drop in (OSHA may never do anything more than call) Plan our team. Provide them the authority and resources (time) Seek experienced guidance Better yet - be prepared ahead of time!

44 Preparing and Managing an OSHA Serious Injury Inspection 1. Collect all relevant OSHA documentation: Written OSHA plans, training records, inspections, reports, Job Hazard Analyses, employee history files, PPE, etc 2. Collect all work-related forms, inspection records, maintenance records, etc relevant to the event 3. Begin/complete written accident investigation forms and corrective action plans 4. Act in partnership/cooperate with OSHA - do not be antagonistic 5. Check the OSHA Field Manual! This is OSHA s playbook best to know what they will be asking

45 Bulletproof Safety and Health Programs Employers do not want their workers to be hurt Employers do not want to go though an OSHA Serious Injury Inspection SO Prepare ahead of time!! Four general elements that are critical to the development of a successful safety and health program: (Federal Register ) Management leadership and employee involvement, Worksite analysis, Hazard prevention and control, and Safety and health training.

46 OSHA REGULATED PROGRAMS: MECHANICS: Power Tools Lube Pits Machine Guarding Lock Out Tag Out Flammables Chemical Ladders Mobile Work Platforms PPE Tire Equipment TRAILER REPAIR WORK: Fall Protection Ladders Mobile Work Platforms Power Tools Welding, Cutting, Abasing BODY SHOP TECHS: Respirators Dust Masks Chemicals Repetitive Motion STORAGE / FREIGHT AREAS: Warehousing Rejected Freight Trans-loading Freight Forklifts Stacked Pallets Electric Pallet Jacks Man lifts Docks EMPLOYEES/DRIVERS Traffic Patterns Pedestrian Walkways Restrooms / Showers Chemicals Emergency Exits/Routes Fire Extinguishers Extension Cords/Power Strips Ergonomics Aisle Space Skylights Ladders Landscaping Surface Conditions Indoor/Outdoor Lighting CUSTOMER SITES: Emergency Plans Ammonia Cooled Freezers Yard Rules (PPE, Policies, Traffic Patterns) Hazards

47 Safety and Health Programs - Platform

48 Safety and Health Programs 1. Written Plans 2. Employee Training 3. Procedures and Policies Implemented 4. Inspections and Monitoring 5. Reporting and Recordkeeping Ensure each one when required is comprehensive, implemented and updated Train to the written plan and at least any minimum regulatory requirements Ensure they are formalized and demonstrable Ensure they are formalized and demonstrable Complete by due dates, ensure they are formalized and demonstrable

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50 Q&A Thank you

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