OSHA has reissued a noise hazard regional emphasis program for Region VII.  OSHA inspectors will be conducting targeted inspections for noise for certain NAICS categories in both general industry and construction.  Even though this particular emphasis program is for Region VII (Kansas, Missouri, Iowa, and Nebraska), OSHA has noise-related regional emphasis programs in all states except for those that fall in the Western and Pacific Regions (9 and 10).

OSHA says it’s targeting workplaces with excessive noise levels in order to prevent permanent hearing loss.  They say 22 million workers are working in hazardous noise levels and 53% do not wear hearing protection.  In a NIOSH study, 52% of noise-exposed tested construction workers admitted to not wearing hearing protection, and 25% of tested workers had a hearing loss that affected their day-to-day activities. Hearing loss is an OSHA recordable injury.  Even short-term exposures can cause ringing in the ears, reduced productivity and stress.

Who Will Be Inspected?

OSHA has made a list of the NAICS codes from both general industry and construction that they have found commonly have noise hazards.  Data was gathered from a couple different sources.  First, they looked at inspections conducted between 2018 and 2020 where there were citations for noise.  They found the industries who had the most citations for these issues, and have sorted them from the most inspected group to the least inspected group.  OSHA also created the State Workers Compensation Data Profile.  This collected data of the NAICS groups that were reporting noise-related injuries and illnesses through workers compensation cases within that same time period.  These lists were combined to generate a master list of NAICS groups.

These are the NAICS groups that have been identified for the targeted inspections:

GENERAL INDUSTRY NAICS

2111:  Electric Power Generation, Transmission and Distribution
3119:  Other Food Manufacturing
3211:  Sawmills and Wood Preservation
3219:  Other Wood Product Manufacturing
3241:  Petroleum and Coal Products Manufacturing
3261:  Plastics Products Manufacturing
3315:  Foundries
3323:  Architectural and Structural Metals Manufacturing
3327:  Machine Shops; Turned Product; and Screw, Nut and Bolt Manufacturing
3328:  Coating, Engraving, Heat Treating and Allied Activities
3329:  Other Fabricated Metal Product Manufacturing
3364:  Aerospace Product and Parts Manufacturing
4239: Miscellaneous Durable Goods Merchant Wholesalers
4811:  Scheduled Air Transportation
4922:  Local Messengers and Local Delivery

CONSTRUCTION NAICS

2361:  Residential Building Construction
2362:  Nonresidential Building Construction
2372:  Land Subdivision
2373:  Highway, Street and Bridge Construction
2379:  Other Heavy and Civil Engineering Construction
2382:  Building Equipment Contractors
2383:  Building Finishing Contractors
2389:  Other Specialty Trade Contractors

Inspections – What Will OSHA Look For?

OSHA will start the inspection by reviewing programs and records, including your:

• OSHA 300 logs for threshold hearing shifts and other health hazards
• Noise sampling data, including past noise surveys that include sound level measurements
• Exposure Monitoring Program
• Hearing Conservation Program
• Hearing conservation training records
• Audiograms for the past 3 years
• Records in conjunction with access to employee exposure and medical records (1910.1020)
• Information on temporary workers so they can evaluate your program in relation to them
• Information on PPE provided and whether it’s voluntary or required and where
• Schematic diagram of your facility (for noise mapping) and departments where noise may be an issue
• Union representatives will be questioned on noise and hearing conservation efforts

Inspectors Will Conduct Sampling

From there, OSHA will conduct a walk around to observe your processes and find opportunities for noise mapping.  They will take pictures of workers not wearing their hearing protection correctly, or those in noisy areas not wearing any protection at all.  They will also interview workers in areas where there are greater than 80 dba of noise found. 

Inspectors will conduct noise mapping with a sound meter and, depending on their findings, may need to conduct additional noise dosimetry on individual workers.  OSHA instructions for their inspectors advises inspectors to try to do noise dosimetry the very first day they’re there, and to get the dosimeters on the workers as soon as possible.  Only 6 or more hours are necessary to support a citation.  Thus, they may want to do dosimetry immediately to get as many hours of data as possible. However, guidance also suggests they do the dosimetry on your second shift workers if the inspection gets started later in the day. If they need additional sampling in other areas, they will come back for additional follow-up sampling for full shifts on other days.

Protect Your Company With Side-by-Side Sampling

As an employer, it’s advisable that you conduct side-by-side sampling of any noise sampling or dosimetry OSHA is conducting.  This means you would have someone conduct noise sampling alongside the inspector to assure that the samples collected are similar to what OSHA is collecting.  You can also choose to put a dosimeter on the same employees to duplicate and check noise dosimetry.  It’s your right as an employer to do this and may help in negotiations later if there are discrepancies between your results and those of OSHA’s.

iSi Can Help You Prepare and Get Your Program in Order

iSi can help you get your documentation in order in the event you are going to be inspected.  This includes:

• Industrial hygiene audits and assessments to see where you stand with occupational health and exposure-related OSHA regulations
• Conducting noise mapping and dosimetry so you have your required records on file
• Developing Exposure Monitoring Programs
• Reviewing OSHA logs for recordable hearing losses and helping you determine which hearing losses are recordable
• Written Hearing Conservation Programs
• Hearing conservation training
• PPE evaluations
• Side-by-side noise sampling during inspections
• Safety professionals for to be onsite and assist during OSHA inspections

Contact us today for a quote!

OSHA’s regulatory agenda has been published with a list of priorities the agency is working on.  Twice a year the federal agencies publish their regulatory priorities.  These are typically listed by what stage each is currently in.  What is on OSHA’s regulatory agenda, and what changes and additions may you see coming up?

Final Rule Stage

These are the ones closest to being issued as a final rule.

Walking Working Surfaces
1910.28(b)(11)(ii), 1910.29(f)(1)

Feedback about provisions of the 2016 final rule being unclear led OSHA to work to update some formatting errors in Table D-2 and to revise language about the requirements for stair rail systems to make them clearer.

Procedures for Handling Retaliation Complaints Under Whistleblower Protection Statuses, Under the Anti-Money Laundering Act, and Under the Criminal Antitrust Anti-Retaliation Act
Multiple

These three are basically the same, laying groundwork for procedures on how to handle and investigate complaints and protect retaliation against whistleblowers.

Proposed Rule Stage

Improved Tracking of Workplace Injuries and Illnesses
1904.41

This proposed rule would require establishments already reporting OSHA 300As electronically to submit the OSHA 300 and 301 information electronically as well.  This was an original feature of the standard, but was removed in 2019.  Those who are required to report electronically are employers with 250 or more employees.

Hazcom Updates
1910.1200

The last Hazard Communication Standard incorporated the 3^rd Edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  GHS has been updated several times since 2012, and OSHA wants to update the standard to reflect the 7^th Edition of GHS.

Amendments to the Crane and Derricks in Construction Standard
1926

• Correct references to power line voltage for direct current (DC) voltages as well as alternating current (AC) voltages;
• Broaden the exclusion for forklifts carrying loads under the forks from “winch or hook” to a “winch and boom”;
• Clarify an exclusion for work activities by articulating cranes;
• Provide 4 definitions inadvertently omitted in the final standard;
• Replace “minimum approach distance” with “minimum clearance distance” throughout to remove ambiguity;
• Clarify the use of demarcated boundaries for work near power lines;
• Correct an error permitting body belts to be used as a personal fall arrest system rather than a personal fall restraint system;
• Replace the verb “must” with “may” used in error in several provisions; correct an error in a caption on standard hand signals; and
• Resolve an issue of “NRTL-approved” safety equipment (e.g., proximity alarms and insulating devices) that is required by the final standard, but is not yet available.

Occupational Exposure to Crystalline Silica in Construction
1926.1153(c)

OSHA wants to seek information on the effectiveness of the dust control measures currently included in Table 1.  They also want to find out if there are any other tasks or tools that would be effective to add to Table 1.  Employers who follow Table 1 correctly are not required to measure workers’ exposure to silica and are not subject to the permissible exposure limit (PEL).

 Welding in Construction Confined Spaces
1926.353

OSHA wants to amend the Welding and Cutting Standard to remove any ambiguity about the definition of a confined space.  The explanation portion of the 2015 Confined Spaces in Construction standard discusses how the welding standard and the confined spaces standard work together.  Although the confined spaces standard states that it encompasses welding activities, the welding standard does not expressly identify a definition of “confined space”.

PPE in Construction
1926.95

Clarification of requirements for the fit of PPE in construction.

Updates to Lockout/Tagout
1910.147

OSHA recognizes technological advancements in computer-based controls of hazardous energy conflict with the LOTO standard.  These controls are increasingly being used and there are consensus standards for their design.  Other countries are also accepting their use.  OSHA wants to look into harmonizing the current standard with those other countries.  There is a current RFI out which is seeking information to understand the strengths and limitations of these devices and their potential hazards to workers.

Powered Industrial Truck Design Standard Update
1910.178, 1926.602

OSHA is proposing to update the referenced ANSI standard from ANSI B56.1-1969 Safety Standard for Powered Industrial Trucks to also include the latest version of ANSI/ITSDF B56.1a-2018, Safety Standard for Low Lift and High Lift Trucks.

State Plans – Arizona and Massachusetts
1952

In the Arizona rule, OSHA is considering revoking Arizona’s State Plan because they didn’t issue an Emergency Temporary Standard for COVID within the 30 days OSHA gave them to adopt their own standard.  State Plans are required to issue regulations as strong as or stronger than federal OSHA.

Massachusetts is applying to have a State Plan applicable only to state and local government employees.

Specific Industries

Medical – Infectious Diseases
1910

This rule is meant to identify standards to protect workers in health care, emergency response, prisons, homeless shelters, drug treatment programs, medical examiners, labs, and other occupational settings where there’s a high risk of transmission of infectious diseases such as TB, MRSA, SARS, chickenpox, shingles and COVID.

Shipyard Fall Protection – Scaffolds, Ladders and Other Working Surfaces
1915.71-1915.77, subpart E

The current subpart E section of the standard is not comprehensive in its coverage of fall hazards in shipyards. OSHA issued a Request for Information and is considering updating existing standards and dividing the rulemaking into three subparts: subpart E, Stairways, Ladders and Other Access and Egress; subpart M, Fall Protection; and subpart N, Scaffolds.

Communication Tower Construction and Maintenance
1926 and 1910

Communication tower work has a high fatality rate and construction is expected to greatly increase.  OSHA has been collecting information and has determined current fall protection and personnel hoisting guidance may not adequately cover this work.  OSHA will be determining if a separate standard is needed, including covering structures that have telecommunications equipment on it or attached to them such as rooftops, buildings, water towers and billboards.

Tree Care
No Specific Reg Cited

There is no standard for tree care operations, which is a high hazard industry.  The tree care industry has petitioned to have a rule, and OSHA has collected information from affected small entities on what may be included in a potential standard.

Prerule Stage

Heat Illness Prevention in Outdoor and Indoor Work Settings
No Specific Reg Cited

This has gotten more publicity in the past few years.  In our blog in 2019 we wrote about a House bill that would require OSHA to develop a formal heat standard.  The effort and debate continues.  OSHA says that given the potentially broad scope of regulatory efforts to protect workers from heat hazards, as well as a number of technical issues and considerations with regulating this hazard (e.g., heat stress thresholds, heat acclimatization planning, exposure monitoring, medical monitoring), a Request for Information would allow them to begin a dialogue and engage with stakeholders to explore the potential for rulemaking on this topic.

Blood Lead Level for Medical Removal
1910.1025, 1926.62

OSHA is looking at reducing the trigger level for removing personnel from lead exposures.  Current levels require medical removal at 60 µg/dL in general industry, 50 µg/dL in construction and the return of employees to a former job status at below 40 µg/dL.  OSHA will be seeking public input on levels, identifying possible areas of the lead standard that need to be revised and how to improve worker protection where preventable lead exposures continue to occur.

Emergency Response
1910

Current OSHA standards don’t reflect the full range of hazards that emergency responders encounter nor the advancements in PPE, in technology, nor the major developments already being accepted by the emergency response community and consensus standards.  OSHA is considering updating these based on information gathered through a request for information and public meetings.

Process Safety Management and Prevention of Major Chemical Accidents
1910.119

OSHA has been looking at potentially modernizing the PSM standard and related standards since 2013.  Stakeholder meetings are next on the list.

Mechanical Power Presses Update
No Specific Reg Cited

The current OSHA standard is over 40 years old and does not address the use of hydraulic or pneumatic power presses or any other technological changes. OSHA previously published an Advanced Notice of Proposed Rulemaking on Mechanical Power Presses (June 2007) in which it identified several options for updating this standard.  It’s still on the list.

Prevention of Workplace Violence in Health Care and Social Assistance
No Specific Reg Cited

This has been on the list since 2017 and is related to impacts of workplace violence, prevention strategies and other information in health care and social assistance.  OSHA was petitioned for a standard preventing workplace violence in health care by a broad coalition of labor unions, and in a separate petition by the National Nurses United.  A small business study (like those conducted for specific industries) is next on the list.

OSHA’s recently announced Emergency Temporary Standard (ETS) on vaccination and testing was issued on November 5, 2021, and within days it was stayed by 5th U.S. Circuit Court of Appeals. While the legality of the standard, aka 29 CFR 1910.501, remains in question, it would still be a good idea for your business to become familiar with the standard’s requirements, in the event it is allowed to continue.

Here are 8 key details of the standard you need to know:

1. 100 Employees Requirement

The ETS applies to companies with 100 or more employees. This counts 100 employees at the enterprise level, but only U.S. employees. The number is based on heads, not equivalent hours. The host employer does NOT count temporary worker hours (this goes on staffing agencies’ head counts). Determining head count starts at worker start dates of November 5, 2021 and later. If you reach 100 employees at any one time, your company will fall under the requirements throughout the life of the ETS (which is supposed to end on May 4, 2022).

2. Determining Vaccination Status

Employers must determine the vaccination status of every employee. Employers must also maintain current knowledge of the aggregate number of fully vaccinated employees and total number of employees at the workplace. If requested by OSHA or an employee, this information must be made available within 4 hours.

3. Testing

If you decide not to require vaccines for all employees, the standard allows unvaccinated employees to do weekly testing. Employers are not responsible for the costs of testing.

There is a hard 7-day limit in testing. That is, the employer must have a copy of a new COVID test result on 7th day. The employee cannot come to work on the 8th day without a test result.

Pool testing for weekly testing will be allowed. This means you can collect the same type of specimen from several people and conduct one antigen laboratory test on the combined pool of specimens (e.g., four samples may be tested together, using only the resources needed for a single test). If pooling procedures are used and a pooled test result comes back negative, then all the specimens can be presumed negative with the single test. If results come back positive, additional testing per employee to determine which one in the pool is the positive one would be required. Pool testing would reduce testing costs and results time.

4. Rules for the Unvaccinated

There is no more 6-foot distance rule when it comes to masking. All unvaccinated workers would be required to wear masks. They could only remove masks when they are alone in a closed room with the doors closed, when eating/drinking, when wearing a respirator, for identification purposes (security ID), when their job duties require seeing their mouth or when a face covering would present a serious injury or death. Unvaccinated workers who become close contacts would no longer have to be removed from the workplace.

5. Written Policy

Employers must have written policy in place that covers either mandatory vaccinations or a vaccination/testing option.

6. Training/Informing Workers About the ETS

Employers need to provide certain information to employees about the ETS and any method of information is acceptable as long as it includes the following information:

• Information about the ETS
• Employer policies/procedures
• Vaccine information by providing the specific document “Key Things to Know About COVID-19 Vaccines”
• Multiple sections of the OSH Act which protects against discrimination, reporting injuries/illnesses, retaliation, and about criminal penalties associated with knowingly supplying false information.

7. Recordkeeping

Vaccine and weekly testing records will be considered medical records which need to be maintained in a confidential manner. However, unlike other OSHA medical record requirements, vaccine and weekly testing records would only need to be maintained for the life of ETS.

8. Compliance Date

At the moment, the compliance date is December 6, 2021 for all provisions except weekly testing. The compliance date for weekly COVID testing is January 4, 2022.

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iSi will be monitoring developments with federal OSHA ETS and will update this article, or provide additional information in our blog as information continues to develop.

​Updated 5/22/2020

With tensions somewhat high about the COVID-19 pandemic, OSHA has experienced quite an increase in the number of whistleblower complaints from workers. As a result, OSHA has published some enforcement guidance to their inspectors on how to handle these complaints.

Employee Complaints

OSHA complaints over the past few months have centered mostly on two issues. One, a lack of PPE such as respirators, gloves, gowns, etc. The other is on the lack of training a company may have given their employees on the standards and COVID in the workplace.

OSHA Puts Employers in One of 3 Risk Groups

High Risk

These are medical-related facilities with a high risk of coming into contact with the virus. These could include hospitals, emergency rooms, medical centers, nursing homes, postmortem facilities, or labs.

Medium Risk

These facilities have high contact with the general public or are densely staffed so that it would be difficult to maintain a 6 ft. distance. Facilities with contact with international travelers would also fall into this group. Some examples would be airports, high retail, schools, and any other business tightly crowded.

Low Risk

These facilities have little contact with the general public and don’t provide a lot of frequent close contact where it’s not a problem to maintain a 6 ft. distance.

Inspections 

Originally, only the High Risk category of facilities were planned for inspection unless something drastic happened in one of the other facilities, such as a COVID-related fatality. This is because the resources of OSHA are limited and there was a concern by OSHA to keep inspectors safe and healthy themselves.

However, there was backlash to this policy from union and industry groups, prompting OSHA to modify it to add the possibility of conducting inspections at other facilities.  Starting May 26, 2020, inspections will be determined based on the following:

• In geographic areas experiencing sustained elevated community transmission or a resurgence in community transmission priority will be given to high risk facilities mentioned above.  Priority will also be given to workplaces with high numbers of complaints or known COVID-19 cases.
  • Where resources are not available, OSHA will initiate the inspection remotely with the understanding that an inspection will be conducted onsite when the resource becomes available.
  • OSHA will develop a program to conduct monitoring inspections from a random sampling of fatality or imminent danger cases where inspections were not conducted because of low resources.
  • Use non-formal/fax/rapid response investigation in industries where doing so can address the relevant hazard(s).
• In geographic areas where community spread of COVID-19 has significantly decreased:
  • Fatalities and imminent danger exposures related to COVID-19 cases will be prioritized.
  • OSHA will use non-formal/fax or rapid response investigations (send a letter) when possible to ensure effective use of resources, especially in medium and low risk facilities.  However, it’s up to the Area Director’s discretion to conduct an onsite inspection in these cases.

What to Expect in an Investigation Letter

OSHA will inform you of the complaint that has been made, and it will be your company’s responsibility to:

• Investigate the complaint

• Determine results and respond by a certain date

• Provide backup documentation of your investigation

• Provide corrective actions taken or to be taken

• Provide backup documentation of corrective action

• Post the letter

• Sign a certificate that you posted the letter

If you do not respond to the letter, then you may get inspected. The employee who made the complaint, requesting OSHA do an inspection will receive a copy of OSHA’s letter to you and will be advised of your response.

For more details, check out the inspector enforcement memorandum on OSHA’s website.