Industry
News
OSHA 300 Log
Fire Ratings Change for Some Plastic Pallet Users
Osha Issues Final Rule On Recording Hearing Loss
OSHA Announces New Ergo Plan
OSHA Revises Recordkeeping Regulations
OSHA 300
Do you know where your employer's OSHA 300 log summary is? You
should soon, if your workplace has more than 10 employees and you
are not in a low-hazard industry. You can expect to know where it
is because your employer will be required to post the log on February
1, and leave it on the bulletin board until April 30. The log is
a summary of all work-related injuries and illnesses that occurred
in your workplace
during 2002.
This will be the first time you have seen the OSHA 300 log posted,
because it has replaced the similar OSHA 200 log as a result of
OSHAs extensive revision of its recordkeeping egulations.
The OSHA 300 log contains more information than the old OSHA 200
log.
By law, the information in the log is supposed to be available
for inspection by employees all year long, but the employer is only
required to display it in public for three months.
For more information about the OSHA 300 log and OSHA regulations
concerning the recording of work-related injuries and illnesses,
including a list of industries that exempt from the annual posting
requirement, visit http://www.osha.gov/recordkeeping/index.html.
Warehouse News
Fire Ratings Change for Some Plastic Pallet Users
On July 19, the National Fire Protection Association (NFPA) plans
to issue its final document updating changes to the NFPA 13 standards
affecting the fire ratings of certain plastic pallets used in
warehouses. These standards are the basis for most state fire
code laws.
Until now, facilities that stored loads on plastic pallets require
a one-class upgrade in fire protection above that needed for storage
of loads on wooden pallets. The new rules require a two-class
upgrade in fire protection for warehouses that store reinforced
polypropylene and polyethylene plastic pallets. Reinforced pallets
hold their structure and integrity longer which allows air gaps
to remain longer within the pallet, which in turn fuels the flames
and creates a more intense fire. Unreinforced plastic pallets
continue to require a one-class upgrade over wooden pallets.
The change was made because unreinforced plastic pallets melt
fairly easily in a fire and ofter smother flames, while reinforced
plastic pallets are considered to be a higher risk.
Some exceptions to the new standard are:
-
Facilities that have sprinkler systems with
an Early Suppression Fast Response (ESFR) 17 rating or higher
-
Pallets for which there is specific testing
data, such as that collected by UL that proves the pallets qualify
for a lower rating.
For more information, visit www.nfpa.org.
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Osha Issues Final Rule On Recording
Hearing Loss
Agency Will Seek Comments on Delaying MSD Provisions
The Occupational Safety and Health Administration issued a final
rule on July 1, 2002, that revises the criteria for recording
work-related hearing loss. The agency will also seek comments
on a proposal involving the recording of MSDs on OSHA's injury
and illness logs.
Beginning Jan. 1, 2003, employers will be required to record
work-related hearing loss cases when an employee's hearing test
shows a marked decrease in overall hearing. Employers can make
adjustments for hearing loss caused by aging, seek the advice
of a physician or licensed health care professional to determine
if the loss is work-related, and perform additional hearing tests
to verify the persistence of the hearing loss.
Under the new rule, the criteria will record 10-decibel shifts
from the employee's initial hearing test when they also result
in an overall hearing level of 25 decibels. The old criteria recorded
25-decibel shifts.
The agency is also seeking public comments on a proposed one-year
delay of the recordkeeping rule's definition of musculoskeletal
disorders (MSDs), and whether to include MSDs and hearing loss
columns on the OSHA Form 300 Log of Occupational Injuries and
Illnesses.
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OSHA announces new ergo plan:
Guidelines favored over rules
OSHA today unveiled its long-delayed plan for attacking ergonomics-related
problems in the workplace, describing a four-prong strategy:
1. Guidelines OSHA will start work immediately
on voluntary guidelines
targeted at specific industries and specific tasks. Officials
will study
injury and illness rates for various industries, including construction,
agriculture, and maritime, to decide which ones could benefit
from such
guidelines. You can expect to see these documents begin to come
out of the
agency by the end of the year.
Guidelines will help employers spot ergo hazards and set up feasible
means of
controlling them. Targeted ergo guidelines were written for the
meatpacking
industry by OSHA in
1990.
Failure to implement these new guidelines will not be interpreted
by OSHA as
a violation of an employers general duty to provide a workplace
free from
serious hazards.
Employers with ergo hazards who effectively put these guidelines
into
practice or use other effective measures will likely escape penalties
issued
using the General Duty clause of the OSH Act.
OSHA says it will not focus its enforcement efforts on employers
who have
implemented effective ergo programs or who are making good-faith
efforts to
reduce ergo hazards.
2. Enforcement Bad actors beware: OSHA plans to
go after industries with
serious ergonomics problems with special ergo inspection teams
that will work
closely with Labor Department attorneys and experts to prosecute
violators
under the General Duty Clause.
The General Duty clause of the 1970 Occupational Safety and Health
Act
broadly requires employers to provide workplaces safe from recognized
serious
hazards, including ergo hazards. OSHA and Labor Department attorneys
have
successfully used this general mandate to penalize employers for
serious ergo
problems in cases involving a nursing home, Beverly Enterprises,
and a food
processor, Pepperidge Farm.
If General Duty clause citations are not warranted following
an inspection,
OSHA might issue hazard alert letters to employers with less serious
ergo
problems. OSHA will conduct follow-up inspections or investigations
within 12
months of certain employers who receive these ergonomic hazard
alert letters.
OSHA will conduct specialized training for designated personnel
on ergo
hazards and methods of controlling them, and plans to appoint
ten regional
coordinators to be involved in enforcement and outreach.
A National Emphasis Program will focus on the nursing home industry
to guide
inspections of nursing homes, and to specifically zero in on ergonomic
hazards related to patient lifting.
3. Assistance OSHA will use a special Web site
(www.osha.gov/ergonomics/index.html)
and training grants to give employers
tools to identify and control ergo hazards. A special effort will
be aimed at
Hispanics and immigrant workers, since many work in industries
with high
ergonomic-related hazard rates, and press investigations in the
past year
have criticized OSHA for ignoring these workers.
Specific info (charts, illustrations, photos, hazards and solutions,
references) can be found on OSHAs site for these jobs:
-
Baggage Handling
-
Beverage Delivery
-
Computer Workstations
-
Grocery Warehousing
-
Hospital
-
Nursing Home
-
Poultry Processing
-
Sewing [English]
-
Sewing [Spanish]
4. Research OSHA is forming a national advisory
committee to identify areas
where more ergonomics research is needed.
Why no standard?
OSHAs new plan comes more than a year after Congress torpedoed
an ergo rule
released in the waning days of the Clinton administration. Agency
officials
contend there are numerous reasons why guidelines are preferable
to doing a
rule at this time:
-
There are a variety of different hazards and
combinations of different
hazards to be addressed;
-
Exposure to the hazards is not readily measured
in some cases;
-
The exposure-response relationship is not well
understood;
-
Cost and feasibility of abatement measures may
be uncertain and may be very
high in some cases; and
-
It is very difficult, except in the most general
terms, to prescribe
remedies for abating such hazards in a single rule.
Will the agency ever again consider the idea of setting mandatory
rules?
Never say never in Washington.
Officials say they will regularly review annual injury and illness
rates for
musculoskeletal disorders and make decisions based on the best-available
information about what approach to take to protect workers from
MSDs. OSHA
believes that guidelines currently offer the best method of continuing
to
bring down injury and illness rates for MSDs.
On a national basis, rates for carpal tunnel injuries with days
away from
work have gone down by 39 percent from 1992 to 1999. For the same
time
period, rates for strains and sprains with days away from work
have also gone
down by 39 percent, and rates for back injuries with days away
from work have
gone down by 45 percent.
"Thousands of employers are already working to reduce ergonomic
risks without
government mandates. We want to work with them to continuously
improve
workplace safety and health. We will go after the bad actors who
refuse to
take care of their workers," said OSHA chief John Henshaw.
"This plan is a major improvement over the rejected old
rule because it will
prevent ergonomics injuries before they occur and reach a much
larger number
of at-risk workers,"
--Labor Secretary Elaine Chao said in a prepared statement.
Not good enough
Union leaders and liberal Democrats wasted no time condemning
what one labor
safety official called "largely a non-existent plan that
raises more
questions than it answers." Other critics labeled it hollow
and worthless.
"The administration handed a win to big business at the
expense of millions
of average workers who risk workplace injuries every single day,"
said Sen.
Edward M. Kennedy, D-Mass., chairman of the Senate Health, Education,
Labor
and Pensions Committee.
Watch for supporters of a federal ergo standard to take their
case to
Congress, and also try to pass state ergo laws to stir up demand
for a
consensus national standard.
Labor Secretary Chao is scheduled to explain OSHAs new
ergo plan to Sen.
Kennedys senate committee on April 18th.
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OSHA Revises Recordkeeping Regulations
7/13/2001Secretary of Labor Elaine L. Chao announced June
29, 2001, that an
Occupational Safety and Health Administration (OSHA) rule on recordkeeping
would largely go into effect as scheduled on January 1, 2002.
According to
Chao, the rule increases employee involvement, creates simpler
forms in plain
language, and allows employers to use computers to meet OSHA regulatory
requirements.
The Department of Labor (DOL) is proposing a delay of a year
before
implementing the criteria for recording work-related hearing loss
and
musculoskeletal disorders (MSDs). The DOL is investigating the
level of
hearing loss that should be recorded as a "significant"
health condition, and
is holding forums to develop a comprehensive plan to address ergonomic
hazards, where appropriate definitions of "ergonomic injury"
and MSD will be
decided.
OSHA revises recordkeeping regulations. New rules for how employers
keep track of work-related injuries and illnesses go into effect
January 1, 2002. OSHA issued the long-awaited update of recordkeeping
practices on January 19, 2001.
About 1.3 million workplaces will be required to follow the new
recordkeeping procedures. Employers with 10 or fewer employees
will continue to be exempt from most requirements, as will a number
of industries classified as low-hazard sectors. (All employers
covered by OSHA must continue to report any workplace incident
resulting in a fatality or the hospitalization of three or more
employees.)
During the current year of 2001 employers must follow the requirements
of OSHA’s original recordkeeping rule. The new rules update three
recordkeeping forms: OSHA Form 300 (Log of Work-Related Injuries
and Illnesses); OSHA Form 301 (Injury and Illness Incident Report);
and OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).
Here’s what you need to know.
The new recordkeeping rule:
- Eliminates different criteria for recording work-related injuries
and illnesses — one set of criteria will be used for both.
- Requires your records to include any work-related injury or
illness resulting in one of the following: death; days away from
work; restricted work or transfer to another job; medical treatment
beyond first aid; loss of consciousness; or diagnosis of a significant
injury/illness by a physician or other licensed health care professional
- Includes new definitions of medical treatment, first aid, and
restricted work to simplify your recording decisions.
- Requires a significant degree of aggravation before a pre-existing
injury or illness becomes recordable.
- Adds additional exemptions to the definition of work-relatedness
to limiting recording cases involving eating and drinking of food
and beverages, common colds and flu, blood donations, exercise
programs, and mental illness.
- Clarifies how to record "light duty" or restricted work cases.
You’ll now record cases when the injured or ill employee is restricted
from their "normal duties", which are defined as work activities
the employee regularly performs at least once weekly.
- Eliminates the term "lost workdays" and focuses on days away
or days restricted or transferred. Also, new rules for counting
these days rely on calendar days rather than workdays.
- You’ll be required to record standard threshold shifts in employee
hearing. The new OSHA 300 Form has a separate column to capture
statistics on hearing loss.
- Forms also include columns dedicated to musculoskeletal disorder
cases. You’ll use the same recording criteria for MSD cases as
for all other injuries or illnesses.
- All needlestick and sharps injuries involving contamination
by another person’s blood or other bodily fluids must be recorded.
- You must set up a procedure for your employees to report injuries
and illnesses, and you must tell your employees how to report.
You are prohibited from discriminating in any way against employees
who do report. (This could have ramifications regarding how safety
incentive programs based on zero injuries are used.)
- For the first time, employee representatives have access to
parts of the OSHA 301 Form that are relevant to the employees
they represent.
- Your annual summary of injuries and illnesses will have to be
posted for three months instead of one.
- Your summary must be certified by a company executive.
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