Workshop LL Passionate about Safety Avoid Paying OSHA Hundreds of - - PDF document
Workshop LL Passionate about Safety Avoid Paying OSHA Hundreds of Thousands in Fines for Not Reporting Changes Effective January 1, 2015 for Amputation, In-Patient Hospitalization, Eye Injury or Fatality Wednesday, March 25, 2020 11:15
Passionate about Safety … Avoid Paying OSHA Hundreds of Thousands in Fines for Not Reporting Changes Effective January 1, 2015 for Amputation, In-Patient Hospitalization, Eye Injury or Fatality
Wednesday, March 25, 2020 11:15 a.m. to 12:30 p.m.
Biographical Information
Joseph W. Clark Vice President Corporate Quality & Risk Control – Chief Quality Officer Bridgestone APM Company 235 Commerce Way, Upper Sandusky, OH 43351 Mobile: 419-722-6159 jwclark@bapm.com Joe started his career with National Lime and Stone Company in Findlay, Ohio in 1990 as a testing technician before moving to the ESH department in 1992 as the ESH Compliance Officer. Joe joined Oglebay Norton Industrial Sands in Cleveland Ohio in 1995 as the Manager of ESH with regulatory/compliance responsibilities for 6 Industrial Sand mines in Ohio, Texas and California. Joe joined Bridgestone APM Company in Findlay Ohio in 1998 as the Corporate Director
Joe’s primary responsibilities for Bridgestone’s Anti-Vibration and Noise Isolation and Polyurethane Foam Seat Pad divisions are to establish company-wide ESH, Quality and Risk Management programs, strategies and policies to minimize financial, operational and other risks to the Company. Joe is also responsible for overseeing the company’s risk management department and ensuring that risk management programs will meet business objectives. Joe has served as the chairman of the Rubber Manufacturing Associations (RMA) Safety and Health committee, the ESH steering committee for the Association Rubber Producing Manufacturers (ARPM) and currently serves on the Wyandot County Safety Council Steering committee. Joe is a graduate of the University of Mount Union in Alliance Ohio. Ken Hackworth, PE, FS, President, Machine Safety Specialists (740) 816-9178 KHackworth@MSS-Safety.com website: http://www.mss-safety.com Ken Hackworth, PE has more than 25 years of experience in industrial controls and functional safety systems and is a licensed Professional Engineer (PE) in the State of Ohio, a certified Functional Safety Engineer by TÜV Rheinland, and a member of the American Society of Safety Professionals. Ken received his Bachelor of Science in Electrical Engineering from The Ohio State University and is a participating sub- committee member of ANSI B11.19 and ANSI B11.26 safety standards. Ken is experienced and certified in U.S. and international safety standards, including OSHA, ANSI, NFPA, RIA, and ISO/EN standards and specializes in machine safety engineering and compliance consulting in the United States. As a trainer for OSHA, Ohio BWC and several multi-national industrial clients, Ken enjoys training safety professionals, technical staff and business leaders in the latest technology and standards for industrial machinery safety.
Biographical Information
William J. Wahoff, Member/Partner Steptoe & Johnson PLLC Huntington Center, Suite 2200 41 South High Street, Columbus, OH 43215 614-456-1654 Cell: 614-975-0125 Bill.Wahoff@steptoe-johnson.com Bill Wahoff’s primary focus is health and safety law, including OSHA on a national basis, workers’ compensation, Ohio VSSR, and intentional tort litigation defense. He has vigorously represented employers at several thousand administrative hearings, in numerous court cases, including jury trials, and mandamus actions. He also has significant experience representing employers in federal and state court employment litigation and in labor negotiations. He has handled ADA, FMLA, and race, gender- based, Title VII discrimination cases, federal and state wage and hour matters, and has bargained with the UAW, Steelworkers, Glass Molders and Potterers, OEA and OAPSE. He has been a very active Presenter, Moderator and unofficial Photographer for the Occupational Safety & Health Law Committee of the American Bar Association Section
present to the Federal Occupational Safety & Health Review Commission (OSHRC) Judicial Conference in both 2008 and 2010. He is also an OSHA Authorized 10 & 30 Hour General Industry Trainer. Bill is a Fellow of The College of Labor & Employment Lawyers, a Chapter Editor of three editions of the ABA Treatise on Occupational Safety & Health Law, and had a article published in the ABA Journal of Labor and Employment Law in 2019, entitled, “Industry Standards: How Does OSHA Use Them to Prove Its Case Under the General Duty Clause?” An Ohio State Bar Association Board-Certified Workers’ Compensation Specialist, he is the current chair of the Ohio State Bar Association Workers’ Compensation Law Committee. Bill received his Law Degree with Honors from The Ohio State University, his B.A. with Honors and Departmental Honors from Miami University; he and his wife Cathy of 40 years have three Eagle Scout Sons: a Diplomat, an Engineer and a U.S. Army Officer. He has received Awards for Service Above Self from his Rotary District, and the Silver Beaver Award from the Boy Scouts. He is an NRA-Certified Range Safety Officer and Instructor in Pistol-Rifle-Shotgun. He is also admitted to practice law in Texas.
How the OSHA Rules Relating to Reporting of Injuries Relate to Machine Guarding and Lockout/Tagout Programs, and Six Figure OSHA Proposed Penalties
Joseph Clark, Bridgestone APM Ken Hackworth, P.E., Machine Safety Specialists William J. Wahoff, Esq., Steptoe & Johnson PLLC
March 24, 2020 Manufacturers Education Council
William J. Wahoff Ken Hackworth, PE
KHackworth@ MSS‐Safety.com 740‐816‐9178
Joseph W. Clark
JWClark@BAPM.com 419‐294‐6989 bill.wahoff@ steptoe‐johnson.com 614‐456‐1654
Purposes: OSHA Recordkeeping v. Reporting
Recordkeeping: For non‐exempt employers with 10
illness that is work‐related, and is a new case; AND meets one or more of the general recording criteria
(regardless of WC compensability); post for one period a year and report data to OSHA once per year if required Reporting: Report to (call or complete an online report) OSHA within 8 hours a fatality, or within 24 hours an amputation, loss of eye or in‐patient hospitalization (regardless of OSHA recordability)
Required Reporting of Fatality or Severe Injury (All employers regardless
hospitalization, within 24 hours
in‐patient service of a hospital or clinic for care or
reportable.
without bone loss; medical amputations resulting from irreparable damage; and amputations from body parts that have since been reattached; avulsions are not considered amputations
incident then it must be reported
hospitalization occurs within 24 hours of the work‐related incident, then it must be reported
– Resulted from a MVA on a public street or highway (except in a construction work zone) – Occurred on public transportation system, i.e. airplane or bus – Involved hospitalization for diagnostic testing or
not to investigate, depending on the circumstances
business name; names of employees affected; location and time of incident; brief description
– Energy sources can be electrical, mechanical, hydraulic, pneumatic, chemical, thermal, gravity or
– During servicing and maintenance of machines and equipment, the unexpected startup or release of stored energy can result in serious injury or death
should be aware of this standard and what are the requirements under this standard
– Develop, implement and enforce an energy control program – Use lockout devices for equipment that can be locked out. Tagout devices may be used in lieu of lockout devices only if the tagout program provides employee protection equivalent to that provided through a lockout program. – Ensure that new or overhauled equipment is capable of being locked out. – Develop, implement, and enforce an effective tagout program if machines or equipment are not capable of being locked out. – Develop, document, implement and enforce energy control procedures – Use only lockout/tagout devices authorized for the particular equipment or machinery and ensure that they are durable, standardized and substantial.
– Ensure that lockout/tagout devices identify the individual users – Policy that permits only the employee who applied a LO/TO device to remove it – Inspect procedures annually – Provide training for all employees covered by the standard
servicing and/or maintenance of machines and equipment.
during normal production is covered if:
– An employee is required to remove or bypass a guard or other safety device – An employee is required to place any part of his body into an area on a machine where work is actually being performed upon the material being processed or where the danger zone exists
repetitive and integral to the use of the equipment for production, provided that the work is performed using alternative measures which provide effective protection.
– OSHA does not consider “set-up” of dies “normal
– When dies are being set-up, OSHA will expect the machine to be locked out – While the employer may argue that die set-up is not servicing or maintenance of equipment, OSHA will take the position that setting up of the equipment, with the exception of the short time needed to “jog” the equipment to check if it works properly, presents a hazard of amputation and other hazards to the degree that lockout is required
energy control procedures – DOCUMENT!
all other employees whose work operations may be in an area where energy control procedures may be utilized – basically ALL employees
change in machines, equipment or processes that present a new hazard, or change in ECP
– When outside servicing personnel are to be engaged in activities covered by the scope and application of this standard, the on‐site employer and the outside employer shall inform each other
– On‐site employer shall ensure that its employees understand and comply with the restrictions and prohibitions of the outside employer’s energy control program
Procedures on each machine present
purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy and the means to enforce compliance”
verify each source of energy has been locked
Subpart O
– 1910.211: Definitions – 1910.212: General Requirements for all machines – 1910.213: Woodworking machinery requirements – 1910.214: Cooperage machinery – 1910.215: Abrasive wheel machinery – 1910.216: Mills and calendars in the rubber and plastics industries – 1910.217: Mechanical power presses – 1910.218: Forging machines – 1910.219: Mechanical power‐transmission apparatus
so do citations for violations!
shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are‐ barrier guards, two‐hand tripping devices, electronic safety devices, etc.
The guarding device shall be in conformity with any appropriate standards therefor, or, in the absence of applicable specific standards, shall be so designed and constructed as to prevent the operator from having any part
same as the “General Duty Clause.”
foreseeable hazard, not use a freakish fact pattern.
hazard
as in the General Duty Clause
there is no feasible abatement
from contacting hazardous moving parts
not easily removed
moving parts
the job quickly and comfortably
without removing the safeguards
– fixed – interlocked – adjustable – self‐adjusting
– presence sensing – pullback – restraint – safety controls (tripwire cable, two‐hand control, etc.) – gates
methods
– automatic and/or semi‐ automatic feed and ejection – robots
– awareness barriers – protective shields – hand‐feeding tools
installed to prevent contact around, over, through or under the guard!
– “…so designed and constructed as to prevent the operator from having any part of his/her body in the danger zone during the operating cycle.” 29 CFR 1910.212(a)(3)(ii)
B11/NFPA 79)
maintained and inspected, and shall ensure the initial training and the continued competency
and inspection of the safeguarding
for maintenance, alternate safeguarding shall be provided to protect maintenance or
✓Ensure all machinery is properly guarded
✓Train employees on specific guard rules in their areas ✓Ensure machine guards remain in place and are functional ✓Immediately correct machine guard deficiencies
✓Do not remove guards unless machine is locked and tagged ✓Report machine guard problems to supervisors immediately ✓Do not operate equipment unless guards are in place
instructions, specifications, recommendations, etc., when developing a training program
✓types of safeguarding; ✓capabilities/options of safeguarding; ✓description of safeguarding for a specific application and hazard; ✓function of the safeguarding; ✓proper installation and operation of the safeguarding; ✓functional testing of the safeguarding; ✓limitations of the safeguarding; ✓abnormal or unexpected operation of the safeguarding.
continued competency
ways:
1) incorporation by reference into OSHA’s own standards 2) evidence of “industry recognition” and “feasible means
mandatory provisions of the standard (“shall” or
and effect as other standards
Secretary of Labor v. Missouri Basin Well Service March 1, 2018
citation
– Secretary failed to prove that materially effective means existed to abate the hazard
condition of an unsafe distance between the mud pump and the discharge of oil and gas from the discharge tank.
abatement measure would materially reduce the risk of a fire.
March 1, 2018
relied solely upon extensive testimony of Compliance Officer who was not qualified as an expert and the Commission gave no weight to his testimony.
– this provision was located in a section titled “Special Services” not applicable to the circumstances in this case.
conclusions in case, but facts as well ‐ review from the beginning
There are no bad questions!
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