Compliance News

From the start of this world-wide pandemic, employers have faced challenging times trying to keep up with the safety of their employees, as well as OSHA regulations.  With business being closed, travel restrictions, and shelter-in-place requirements, people who normally provide training or audits, inspections, and other industrial hygiene services may be limited.  Employee training may also be lacking during this time due to other restrictions.

The April 16, 2020 OSHA Enforcement Memo stated:

“For example, the American College of Occupational and Environmental Medicine issued a recommendation that occupational spirometry testing be suspended because of concerns about spreading droplets containing the COVID-19 virus during spirometry maneuvers.  In addition, the Council for Accreditation in Occupational Hearing Conservation issued a recommendation that audiometric evaluations be suspended until normal operations have resumed, in order to minimize the risk to healthcare workers and conserve personal protective equipment. “

What Happens if You’re Inspected?

If an OSHA official were to show up at your site, don’t panic.  During their inspection, the workplace will be assessed for efforts to comply with standards that require annual or recurring audits, training, or other assessments.  The compliance officer will determine whether the employer has made good faith efforts to be in compliance with applicable OSHA standards.   If there are situations where compliance simply was not possible, it is the employer’s responsibility to ensure that employees were not exposed to hazards where they were not properly trained.  Another element of the evaluation will be looking to see if all options were exhausted to try and comply with applicable standards. Was virtual training an option?  Were engineering or administrative controls used?  If training was scheduled, was it rescheduled?

The memo also stated:

“In instances where an employer is unable to comply with OSHA-mandated training, audit, assessment, inspection, or testing requirements because local authorities required the workplace to close, the employer should demonstrate a good faith attempt to meet the applicable requirements as soon as possible following the re-opening of the workplace. “

When Could You be Cited?

If an employer cannot show any efforts to have complied with the standard, a citation may be issued.  However, if the effort was made to comply, the area officer will take the detailed notes and documentation of all efforts made into consideration during their decision to cite a violation.

Are Corrective Actions Needed?

The answer is yes!  Once normal activities resume, OSHA will conduct a monitoring inspection from a random sample where violations may have been noted but not actually cited.  OSHA states, “To accommodate this, CSHOs shall enter the code N-10-ABATEMENT DEFERRED in the OSHA Information System to denote such cases.  Additional guidance on monitoring will be provided at a later date.”  This is in effect immediately and will be until further notice.

Are Companies Being Fined for Violating COVID-19 Protocols?

Yes, some companies have been issued fines for not protecting their employees from getting sick. Many companies are not aware that OSHA inspections are posted publicly on their website. Just take a look at this healthcare company in Cleveland, OH that was cited by OSHA for violating respiratory protection standards after seven employees were hospitalized for coronavirus-related issues.

OSHA previously issued a statement saying that they would take into consideration the employer’s effort to comply with OSHA regulations during an inspection. This makes us believe that if an employer is making an obvious effort to comply with COVID-19 safety and health protocols, OSHA will be more understanding during an inspection. If a business is blatantly disregarding protocols, that company can expect to see some hefty OSHA fines.

What Type of OSHA Fines Could be Issued?

What Will Remain The Same

With the uncertainty of the pandemic and the ever changing status of the country, one aspect will remain constant the Occupational Safety & Health Administration’s (OSHA) mission remains “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.”

Operation of heavy equipment such as forklifts, aerial lifts, and cranes can be dangerous and should always be done by trained, skilled operators. These operators must be able to demonstrate their ability to operate safely.  Not only can knowledge of the equipment prevent an accident, but it can also provide more confidence in the operator as well.

Basic Equipment Safety Rules

Before operating a new piece of equipment, the employee needs to be fully trained.  They should have knowledge of how the equipment works, what it can accomplish, and how to properly use it.  After training is complete, they should be tested on the equipment.  Once their supervisor or trainer agrees they are competent enough to use the equipment, they always have the option to retrain and refer to their written programs in the future.

Crane Safety Tips

Cranes should be inspected prior to use by a competent person and operated only by qualified and trained personnel. Serious injuries and fatalities can occur when parts of the crane come in contact with a power line, workers are struck by the crane load, or during the assemble/disassemble process. Here are a few key items to keep in mind:

• Inspect all rigging prior to use
• Do not move loads over workers
• Watch for overhead electric power lines
• Do not exceed the load chart capacity
• Follow all manufacturer’s instructions
• Barricade the crane’s swing radius

Forklift Safety Tips

Only trained and certified personnel can operate a forklift. Ensure you are trained on the specific forklift you are required to use.

When operating or working near a forklift, a handful of risks can present themselves, such as collisions, falls, tip-overs, and struck-by hazards. Below are a few ways to prevent these hazards:

• Do not use the forklift to lift people
• Keep forklifts in good, clean condition
• Watch for pedestrians
• Do not raise/lower the lift while operating
• Never exceed the rated load capacity
• Always wear a seatbelt

Aerial Lift Safety Tips

Aerial lifts have become a more common piece of equipment due to their ability to move and be flexible in tough situations. With that being said, they also carry a long list of hazards associated with them. Only trained and authorized personal are allowed to operate these lifts. We are sharing some tips on how to work safely with aerial lifts:

• Conduct pre-start inspections
• Use wheel chocks on sloped surfaces
• Do not climb or lean over hand/guardrails
• Be aware of overhead clearances and objects
• Do not drive with the lift platform raised
• Do not exceed the load capacity limits

The easiest way to get your workers trained on these topics…