iSi works with a number of different companies, and when we see results of regulatory inspections, we like to use them as examples to perhaps help give other companies some insight into what to do with their own compliance.  Quite a few companies are subject to OSHA’s Hexavalent Chromium Standard for either General Industry or Construction, so many that OSHA has had a National Emphasis Program for this for quite a few years.

The types of operations with hexavalent chromium exposures include:

• Manufacturing of Aircraft, Stainless Steel, Paint, Chemicals, or Pre-Cast Concrete
• Metal Finishing and Preparation
• Electroplating
• Painting or Sanding of Painted Parts
• Welding of Stainless Steel
• Iron and Steel Mills and Foundries
• Printing
• Construction
• Chemical Mixing
• Waste Handling
• Tanning Leather
• Handling Catalysts

OSHA Inspection Case Study

A metal finishing company that iSi works with has been working to comply with the hexavalent chromium standard, having iSi conduct their quarterly monitoring and issuing employee notices while the company handles the other elements of the program.  After an employee complaint, OSHA arrived onsite to look at hexavalent chromium compliance.   This is the type of company already on OSHA’s target list for the emphasis program.  The result of the inspection was three violations of the standard.

The first violation was for not having required change rooms.  The company did have a locker area for the employees to change at, and it was in a separate area behind their 3 paint booths.  OSHA found fault with this because there was no demarcation between where the paint booths ended, and the clean room began.  The contaminated portion wasn’t clearly marked.  There also wasn’t separate storage for protective clothing vs. street clothes, only the lockers.  A second violation was cited for this area because there was no sink in the immediate area for washing. OSHA decided the sink that was being used to clean up was too far causing potential contamination to areas outside the regulated area. These two items were cited together since they were part of the same portion of the standard, and the original fine was at a Serious level for $8,192.

The third item was a citation for finding hexavalent chromium in the break area.  There are no set limits on the amount of hexavalent chromium that can be found on surfaces.  Wipe samples indicated levels of 0.05 µg/m³, a very low level detected.  However, it was still enough to be detected and the company was fined for a Serious violation at $5,461.

The total fine was $13,653, which is OSHA’s minimum fine amount for any Serious violation.  With many violations, the company was given a chance to reduce the fine through an Expedited Informal Settlement Agreement, still leaving a violation of over $8,000.

So what are the hexavalent chromium standard’s rules for General Industry and Construction?

The Rules – General Industry
29 CFR 1910.1026

The permissible exposure limit (PEL) for hexavalent chromium is 5 micrograms per cubic meter (5 µg/m³) in an 8-hour time weighted average (TWA). There is also an Action Level that triggers parts of the standard that begins at 2.5 µg/m³.

Make an Exposure Determination

Companies are required to make an Initial Exposure Determination by conducting employee exposure sampling to determine your exposures, including enough breathing zone samples to characterize a full shift, do representative sampling for each shift the exposure can occur using the employee with the greatest potential exposure, or use other air monitoring, historical data and performance-oriented sampling.  If the results are at or above the Action Level, periodic monitoring is required every 6 months, and if they’re above the PEL, monitoring is required quarterly. Notify your employees within 15 business days of the results of monitoring, and if you’re above the PEL, you need to include what corrective action is being taken.

You’re not allowed to rotate employees’ job assignments in order to not meet the PEL requirements.

Establish Regulated Areas

Formally establish the area where employee exposures can be expected above the PEL and then clearly demarcate and label that area from the rest of the workplace to alert employees of its boundaries.  Limit access to this area to only authorized personnel. Regulated Areas can not be used for eating, drinking or smoking nor can any of these items be taken into a Regulated Area such as a pack of gum or cigarettes in an employee’s pocket.

Engineering Controls and PPE

Your first responsibility is to use engineering controls where possible, and if not feasible, reduce the levels as low as you can and then use personal protective equipment (PPE), such as respirators.  The aircraft industry is required to use engineering/work practice controls to reduce exposures to at least 25 µg/m³.  If employees are not exposed for more than 30 days/year, then this requirement does not apply.

Protective Clothing and Equipment (PPE)

Contaminated PPE and other waste and debris must be removed at the end of the shift or completion of tasks and placed into sealed, impermeable bags or containers.  No PPE leaves the workplace and can be laundered as long as those who are laundering are alerted to the harmful effects of hexavalent chromium, that it cannot become airborne and requires minimal skin and eye contact.  Remove contaminated PPE from the change rooms and ensure these bags and containers are properly labeled per Hazard Communication requirements.  PPE cannot be shaken or blown down to remove the dust.

Also, for EPA purposes, all waste material needs to have a waste determination and any debris or waste may be considered hazardous due to the chromium levels.  Make sure you have a determination for these materials.

Hygiene Areas

Provide changing rooms with separate storage for contaminated clothes and equipment and the employees’ street clothes.  Provide washing facilities, with employees washing prior to eating, drinking, smoking, chewing tobacco/gum, applying makeup or using the restroom.  Employees are not to do these activities within the marked off regulated area.  Any eating or drinking areas need to be as free of hexavalent chromium as practicable, and employees are not to wear contaminated clothing/equipment in those areas.

Housekeeping

All surfaces need to be as free as possible of hexavalent chromium.  Clean using wet methods or HEPA vacuums first, and only use dry shoveling/brushing/sweeping where the HEPA vacuum wasn’t effective.  No compressed air can be used to blow the dust.

Initial and Annual Medical Surveillance

Employees who exceed the Action Level must be provided, at no cost to the employee, initial and annual medical surveillance for those with the following situations:

• Greater than 30 days of exposure (within 30 days for initial, then annually)
• Exposure in an emergency (within 30 days)
• Those exhibiting symptoms of exposure (within 30 days)
• Those terminated (if exposed within past 6 months)

Hazard Communication (Hazcom) and Training Requirements

Include hexavalent chromium in your Hazcom program, including container labeling, SDSs, and training.  Training for hexavalent chromium needs to include all of the requirements of the standard as well as provisions for medical surveillance.

Recordkeeping

You must keep records of your air monitoring data (who – names and job positions, when, where, method used, results, PPE used, other data used) as well as medical surveillance records and training records.

Most Hexavalent Chromium Exposures – General Industry

Electroplating – Hard chrome plating, decorative chrome plating, anodized chrome plating when placing and removing products into and from the bath, rinsing with water, and replenishing bath with chromate solution or powder.

Welding – Welding stainless steel, welding in confined spaces on stainless and carbon steel, indoor welding without engineering controls. Exposures come from welding fumes generated from the base metal and applied coatings, electrode coatings, high-chromium nickel alloy electrodes and chromium-containing filler metals.

Painting – Spray painting, abrasive blasting for the removal of chrome containing paint/primer, sanding or grinding on chrome-covered materials. Hexavalent chromium found in paint include strontium chromate and zinc chromate, and even the blasting grit will contain paint waste-containing chrome.

Foundries, Steel Mills, Molten Metal Operations — Furnace and crane operations, molten metal pouring and transfer, tapping, surface conditioning, hot rolling, torch cutting and gouging, and welding.

The Rules – Construction
29 CFR 1926.1126

The hexavalent chromium rules for the construction industry are pretty much the same as those in general industry, with the following exceptions:

• Employee notices of monitoring must be provided to employees within 5 days rather than 15
• The sections on Regulated Areas and Housekeeping are not included in the construction standard.

Most Hexavalent Chromium Exposures – Construction

Painting and Surface Operations – Removal of chromate-containing paint and primer for surface preparation of existing steel (bridges, water towers, and industrial buildings), abrasive blasting and equipment maintenance for site cleanup following abrasive blasting.

Welding and Thermal Cutting – Welding stainless steel and welding in confined spaces or indoor conditions, for both stainless steel and carbon (mild) steel (industrial piping and vessels; architectural facades; constructional structures; boilers; indoor architecture; petrochemical structures; shipbuilding; and turbine blades.), brazing, thermal cutting and boilermaker work.

Concrete Operations – Certain mixes, such as Portland Cement, are know to contain hexavalent chromium and operations such as mixing, pouring or cutting dry cement may release the chromium to the air and become a breathing hazard.

What does your hexavalent chromium area look like?  Are you following the regulation requirements and monitoring your employees?  iSi works with many companies who are required to comply with this standard, so we’re well versed in how to help.  Contact us today!

OSHA Compliance Checklists

What is a OSHA compliance checklist?

From large corporations or small business owners, a safety checklist is a tool that can be used to identify potential hazards in any given situation. OSHA provides a variety of checklists for different industries and applications, each of which can help to ensure the safety of workers and others in the area. Some may also know this as an OSH act. Some of these OSHA checklists include occupational safety checklist, OSHA inspection checklist, self inspection checklists, inspection checklists, osha inspection checklists.

By taking the time to review these checklists and implementing them into your safety procedures, you can help to create a safer workplace for everyone involved.

What is the OSH Act?

The Occupational Safety and Health Act has been successful in helping to identify workplace hazards improving workplace safety and health conditions around the country. OSHA standards have prevented countless injuries, illnesses, and deaths. However, there is always room for improvement. employers and workers need to continue to work together to identify and address potential hazards in the workplace.

The Occupational Safety and Health Act is a law passed by the U.S. Congress in 1970 to ensure safe workplace conditions around the country. It established the federal Occupational Safety and Health Administration (OSHA), which sets and enforces workplace health and safety standards. The OSH Act covers all private sector employers and employees, as well as some public sector employers and employees. The act covers workplaces that are under federal jurisdiction, such as those in interstate commerce or those that are part of the federal government.

The Occupational Safety and Health Act has been successful in improving workplace safety and health conditions around the country. OSHA standards have prevented countless injuries, illnesses, and deaths. However, there is always room for improvement. Employers and workers need to continue to work together to identify unsafe work practices, address recognized hazards in the workplace, and develop effective safety policies. By doing so, we can make sure that all workplaces are safe and healthy places to work and uphold industry standards.

What should you include in OSHA compliance checklist and the OSHA inspection checklist?

1. Fire protection equipment-sprinkler alarm systems, access to equipment, fire extinguishers, hoses, hydrants, fire alarm system, fire doors, local fire department contact information, portable fire extinguishers

2. Buildings- floors, stairs, roofs, walls, elevators, windows, doors

3. Hazardous products-toxic/health hazards, biohazardous infectious, bloodborne pathogens, environmental, flammable, explosive, oxidizing, gases under pressure, corrosive

4. Electrical switches-grounding, connections, electrical systems, breakers, cables, outlets, connectors. Be sure to rid the area of electrical hazards, hazardous chemicals, and hazardous energy.

5. Environment-gases, fumes, sprays, lighting, noise, ventilation

6. Hand tools-saws, power tools, wrenches, screwdrivers, explosive actuated tools

7. Containers-disposal receptacles, barrels, scrap bins, carboys, gas cylinders, solvent

8. Materials handling-hoppers, carts, dollies, bins, etc.

9. Production equipment-presses, lathes, robotics, mills, shapers, cutters, borers

10. Pressurized equipment-tanks, piping, hoses, couplings, valves, hydraulics, etc.

11. Personal protective equipment-safety glasses, respirators, gloves, hard hats, etc.

12. Personnel support equipment-ladders, catwalks, staging

13. Powered equipment-compressor equipment, engines, electrical motors, industrial trucks

14. Storage facilities-shelves, cabinets, closets, yards, floors

15. Walkways and roadways-aisles, ramps, docks, vehicle ways, confined spaces, permit required confined spaces

16. Lifting components-handles, eye-bolts, lifting lugs

17. Safety devices- emergency switches, cutoffs, mirrors, sirens, signs

18. Controls-start up switches, speed controls, manipulating controls

19. Protective guards-guards, railings, drives, chains, gear covers, pulleys, belt screens, work station

20. Hygiene & first aid facilities-washrooms, health poster, safety showers, eye wash stations, first aid supplies, illness data or illness records, self inspections etc.

21. Psychosocial hazards-workload (pace of work/too much/too little), hours of work, fatigue, issues that interrupt concentration, excessive noise, poor communication and work practices, conflicting demands, working in conflict with others, working in social isolation, or working alone and implemented health program.

What are 6 OSHA inspection checklist priorities?

1. The Hazard Communication Standard (HCS) is designed to protect employees who may be exposed to hazardous chemicals in the workplace. The standard requires employers to prepare and implement a written Hazard Communication Program and to comply with other requirements, such as providing employees with information and training on the hazards of chemicals in the workplace.The HCS applies to all employers with employees who may be exposed to hazardous chemicals or identify hazards in the workplace. Employers must ensure that their Hazard Communication Programs are up-to-date and meet the requirements of the standard.
2. An emergency action plan is a key element of any workplace safety program. OSHA recommends that all employers have an emergency action plan in place to ensure the safety of employees in the event of a fire or other emergency.A plan is mandatory when required by an OSHA regulations standard and are important to OSHA inspectors. An emergency action plan should be designed to meet the specific needs of the workplace and should have routine inspections to ensure it remains effective.The purpose of an emergency action plan is to provide a framework for responding to a range of emergencies, including fires, chemical spills, hazardous substances, power outages, and natural disasters. The plan should detail the steps that employees should take to evacuate the premises safely and quickly in the event of an emergency.
3. Fire protection and safety is an important part of job safety. OSHA recommends that all employers have a Fire Prevention Plan. A plan is mandatory when required by an OSHA standard.There are a number of elements that should be included in a Fire Prevention Plan. These include:-Identifying potential fire hazards in the workplace-Developing procedures for preventing and responding to fires

   -Training employees in fire safety procedures

   -Conducting regular fire drills

   -Implement a health program and safety related work practices

   By taking these steps, employers can help ensure the safety of their employees in the event of a fire.

4. Employers must comply with OSHA’s requirements for exit routes in the workplace. This includes providing safe and unobstructed exits, maintaining exit routes, and ensuring that employees can safely evacuate in an emergency.Exit routes must be designed and constructed to provide a means of egress from the workplace in the event of an emergency. There are three basic components to an exit route:-The path of travel to the exit-The exit itself

   -The path of travel to the assembly point outside of the building

   Employers must also provide signs and lighting that clearly mark the exit routes, and keep them clear at all times. In addition, employers must train employees on how to use exit routes safely. Fewer employees makes this process more difficult. It is important to uphold industry standards. It is also smart to have employee representatives or a safety committee help build employee exposure to emergency response in the workplace.

5. Walking/working surfaces are one of the leading causes of serious work-related injuries and deaths. OSHA issued a final rule on November 18, 2016 on walking-working surfaces and personal fall protection systems to better protect workers in general industry from these hazards by updating and clarifying standards and adding training and inspection requirements.Some of the key provisions of the final rule include:* Requiring employers to evaluate the workplace to identify hazards and select appropriate fall protection measures* Providing specific training requirements for employees who work on walking/working surfaces

   * Adding new requirements for the use of personal fall protection systems

   * Clarifying when guardrail systems, safety net systems, or personal fall arrest systems must be used as fall protection

6. OSHA requires employers to provide medical and first-aid personnel and supplies commensurate with the health hazards of the workplace. The details of a workplace medical and first-aid program are dependent on the circumstances of each workplace and employer.Employers, especially in general industry, must ensure that their employees have access to medically trained personnel and supplies at all times. Employees should be aware of the location of these resources, and how to access them in an emergency. First aid kits should be easily accessible, and employees should know how to use them.In addition to having access to medical personnel and supplies, employers must also ensure that their workplaces are safe. This includes providing adequate ventilation, controlling exposure to hazardous materials, personal protective equipment, and maintaining a clean and orderly work environment. A simple safety and health program should include topics such as these.

How should you and your team prepare for an OSHA audit?

The Occupational Safety and Health Administration (OSHA) can conduct an OSHA inspection at any time, without advance notice. Therefore, it’s important to always be prepared for OSHA inspection with a checklist. Here are some ways you can get ready:

1. Keep up with OSHA standards and requirements. Make sure you are aware of all the latest changes and updates.

2. Review your safety procedures regularly. Conduct a self audit on your own, and identify any areas that need improvement. CREATE A SELF-INSPECTION CHECKLIST. Follow up with regular inspections of your audit findings.

3. Educate your employees on OSHA standards and your company’s safety procedures. Make sure they know how to properly handle potential hazards.

4. Be proactive in addressing any safety concerns that arise. Don’t wait for an OSHA inspector to point out problems – address them as soon as possible.

With a self-inspection checklist, you can be confident that you and your team are prepared for an OSHA inspection and attain OSHA compliance.

What triggers an OSHA audit?

There are several things that can trigger an OSHA audit, including:

-Workplace fatalities

-Reportable serious injuries (hospitalization, amputation, loss of eye)

-Employer reporting of these incidents within 8 hours (which always triggers an inspection)

-Complaints from employees or other individuals about safety hazards at the workplace

-Inspection of similar workplaces in the same industry (targeted inspections)

-Previous citations for safety violations

If any of these things occur, it’s possible that OSHA will show up to audit your workplace. It’s important to be prepared for an inspection and to have all of your safety documentation in order.

What are the 4 areas to check during a safety audit?

There are four areas that should be checked during OSHA inspections: regulatory and best industry practice requirements, program requirements, compliance documentation, and employee training. By answering these questions, you can ensure that your safety program is comprehensive and effective for any company in general industry.

Conclusion:

Having and maintaining a well-developed safety and health program for your company in general industry should always be a priority along with OSHA checklists Now that you have seen a few examples of safety checklists, you can start to see how they can be useful in identifying potential hazards. Remember, these are just a few examples – there are many different types of checklists available, so be sure to find one that is relevant to your industry and workplace. The most important thing to a company is the safety and health of the employees. By taking the time to review and implement a safety checklist and self-inspection checklist for employees, you can help to create a safer environment for everyone involved. Thanks for reading!

How Can We Help? Ask a Question or Request Info or Pricing

Do you need an idea of where you stand with EPA or OSHA regulations?  Do you need full-time or temporary personnel to manage the day-to-day compliance tasks?  Would your employees benefit from onsite environmental training?  Our team of environmental consultants, safety consultants and industrial hygienists would love to help. Call (316) 264-7050 today!

UPDATE 6/10/21: 

OSHA has issued an emergency temporary standard for Covid-19, but it will only apply to healthcare workers.  For all other industries, there is new updated guidance related to unvaccinated and otherwise at-risk workers.

Emergency Temporary Standard

The new standard, 1910.502, applies to settings where any employee provides healthcare services or healthcare support services.  This includes “This includes employees in hospitals, nursing homes, and assisted living facilities; emergency responders; home healthcare workers; and employees in ambulatory care facilities where suspected or confirmed COVID-19 patients are treated.”  It does not apply to those providing first aid only. 

More details about the requirements can be found at https://www.osha.gov/coronavirus/ets.

Employer Guidance for Protecting At-Risk Workers

According to OSHA, “Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.”  Their new guidance is to ensure employers focus their efforts on unvaccinated or otherwise at-risk workers in their workplaces (or well-defined portions of workplaces). 

Some elements include:

• Granting Paid Time Off for Vaccinations
• Instruct Workers Who Have Become a Close Contact of an Infected Person, or Have Symptoms Themselves to Stay Home
• Physical Distancing for Unvaccinated Workers
• Provide Masks for Unvaccinated Workers and Suggest Unvaccinated Customers, Visitors, or Guests Wear Face Coverings
• Provide Covid-19 Policies and Procedures in Languages Employees Will Understand
• Maintain Ventilation Systems
• Record and Report Work-Related Covid Infections and Deaths per 29 CFR 1904
• Implement Retaliation Protections

Employers must continue to follow mandatory OSHA standards that apply to ensure workers are protected from infection, including: 

• Requirements for PPE (29 CFR 1910, Subpart I (e.g., 1910.132 and 133))
• Respiratory Protection (29 CFR 1910.134)
• Sanitation (29 CFR 1910.141)
• Protection from Bloodborne Pathogens: (29 CFR 1910.1030)
• Employee Access to Medical and Exposure Records (29 CFR 1910.1020).
• Where the Emergency Temporary Standard does not apply, employers are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to provide a safe and healthful workplace free from recognized hazards that are causing or likely to cause death or serious physical harm .

More information on this guidance can be found at: https://www.osha.gov/coronavirus/safework.

UPDATE 1/21/21: 

President Biden signed an Executive Order on Thursday, Jan. 21, 2021 that requires the following:

1. Within 2 weeks (by Feb. 4, 2021), OSHA is required to:
   • OSHA and MSHA are required to determine if an emergency temporary standard is necessary.  If so, it will be due by Mar. 15, 2021.  Although the date has passed, it’s been reported that OSHA has alerted the U.S. Chamber of Commerce that one has been drafted and they just need additional time to finish it and get it reviewed.
   • Issue guidance to employers on workplace safety during the COVID pandemic.  This guidance was issued Feb. 1.  It includes stronger language including outlining the components of a prevention program.  Check out the new guidance here.
2.  OSHA is required to review its enforcement efforts and identify any short-term and long-term changes to be made.
3.  A National Emphasis Program on COVID-19 in the workplace is required to be developed.  This was released March 15.  Check out the details HERE.
4.  OSHA is to work with state plan states to make sure they have similar COVID plans in place, and for those who don’t have a state plan, work with state and local officials to make sure they have plans in place to protect public employees.
5. The Secretaries of Labor, Health and Human Services, Transportation, Energy and Agriculture need to work to identify that workers not covered under OSHA in their respective categories are protected.

What’s an OSHA Emergency Temporary Standard?

Under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately and are in effect until superseded by a permanent standard. OSHA must determine that workers are in grave danger due to exposure to toxic substances, new hazards, or agents determined to be toxic or physically harmful where an emergency standard is needed to protect them.  OSHA publishes the emergency temporary standard in the Federal Register, where it also serves as a proposed permanent standard. It’s subject to the usual procedure for adopting a permanent standard except that a final ruling should be made within six months. The validity of an emergency temporary standard may be challenged in an appropriate U.S. Court of Appeals.

What May Employers Be Required to Develop in a Federal Emergency Standard for COVID?

In total, 14 states have adopted comprehensive COVID-19 worker protections through executive order and/or their state OSHA programs.

Currently, there are 4 states – California, Virginia, Michigan and Oregon – that have issued a state-specific OSHA emergency standards through their state plans.  There are common themes between the policies of these 4 states and they have pulled items from each other.  These items would likely become a part of a federal emergency standard:

Conducting a Workplace Assessment

This would include identifying employee tasks, work environment, presence of the virus, number of employees, facility size, working distances, duration and frequency of exposure, and hazards encountered.

Develop an Exposure Control Plan

This would include designating an on-site COVID coordinator, providing free face coverings and requiring their use, signage, social distancing, barriers, remote working, prohibiting sick employees access to facility, enhanced cleanings for positive cases, employee screenings, and notification of positive cases.

Implement Controls 

This includes maximizing current ventilation systems, installing barriers, partitions, and airborne infection isolation rooms.

Training Employees 

Training would need to be specific to the place of employment.  Included would be reviewing control measures, proper use of PPE, how to report symptoms or positive cases, how to report unsafe working conditions, and an overview of the COVID-19 virus, symptoms, and means of transmission.

Maintain Records of Training, Screenings, and Notifications

This would include employee training, employee and visitor screenings, notifications as required to individuals and Health Departments.

How Often Have Emergency Standards Been Used Before?

OSHA has used emergency temporary standards 9 times.  The last time they were used was in 1983 for asbestos.  OSHA’s first emergency standard was also created for asbestos, and others have been created mostly for chemicals, including 12 different carcinogens, benzene and vinyl chloride.  Most standards have been challenged in court, and although there have been a few that have been vacated, most have remained in place.

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iSi will be monitoring developments with federal OSHA emergency standard for COVID and will update this article, or provide additional information in our blog as information continues to develop regarding this issue.