Crane Operator Final Rule Issued by OSHA

OSHA has released the final rule that clarifies certification requirements for crane operators on Nov. 7, 2018. The final rule also maintains the employer’s duty to ensure that crane operators can safely operate the equipment.

The final rule, which was published in the Federal Register on Nov. 9, 2018, will require that employers train operators as needed to perform assigned crane activities, evaluate the operators, and then document successful completion of the evaluations. If employers completed evaluations before Dec. 9, 2018, they will not have to reevaluate the operators, but will only have to document that the evaluations occurred.

Crane operators must be certified based on the crane’s type and capacity, or the type only, and must receive ongoing training for new equipment. The capacity and type distinction revises a 2010 crane operator requirement that certifications must specify the rated lifting capacity of the cranes that the operator is certified on.

While testing organizations are not required to issue certifications distinguished by rated capacities, they are permitted to do so, and employers may accept them or continue to use certifications based on crane type alone.

OSHA estimates that 117,130 crane operators will be impacted by the final rule. The estimated cost to the industry will be $1.481 million for the performance of operator competency evaluations, $62,000 for documenting those evaluations, and $94,000 for any additional training needed for operators, bringing the total annual cost of compliance to $1.637 million.

But at the same time, OSHA does anticipate the rule will save money for employers. Due to fewer operators needing to get an additional certification, OSHA expects a “large one-time cost savings” of more than $25 million. An additional annual saving of $426,000 is also expected as certifications for operators moving to a higher capacity would no longer be needed.

Additionally, because most employers are already complying with many of the training and evaluation requirements, OSHA concluded that, on average, the impact of costs on employers will be low.

Most portions of the crane operator final rule will become effective on Dec. 10, 2018. Evaluation and documentation requirements will become effective on Feb. 7, 2019.

OSHA’s Most Cited Violations of 2018

The annual National Safety Council Congress & Expo is being held this week, and with it comes the annual release of OSHA’s most cited violations for fiscal year 2018.

For the eighth straight year, fall protection –general requirements (1926.501) is OSHA’s most frequently cited standard, according to Safety and Health Magazine. 

The rest of the top five – hazard communication (1910.1200), scaffolding (1926.451), respiratory protection (1910.134), lockout/tagout (1910.147) – remain unchanged from last year, per OSHA’s preliminary figures.

Eye and Face Protection (1926.102) broke into the top 10 this year, while Electrical Wiring Methods (1910.305) fell out of the list.

In a press release, National Safety Council President Deborah A.P. Hersman said, “Knowing how workers are hurt can go a long way toward keeping them safe. The OSHA Top 10 list calls out areas that require increased vigilance to ensure everyone goes home safely each day.”

View the full list of OSHA’s most cited violations for 2018 below, and click here to view 2017’s most cited violations. 

Violation

Number of Citations

1. Fall Protection – General Requirements (1926.501)     

7,270

2. Hazard Communication (1910.1200)

4,552

3. Scaffolding (1926.451)              

3,336

4. Respiratory Protection (1910.134)     

3,118

5. Lockout/Tagout (1910.147)    

2,944

6. Ladders (1926.1053) 

2,812

7. Powered Industrial Trucks (1910.178)

2,294

8. Fall Protection – Training Requirements (1926.503)             

1,982

9. Machine Guarding (1910.212) 

1,972

10. Eye and Face Protection (1926.102)          

1,536

 

To avoid these costly OSHA violations, be sure to contact the workplace safety experts at SCT for your free, no obligation consultation.








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OSHA Launches Site-Specific Targeting Using Electronic Data

Using electronically submitted employer data from 2016, OSHA has launched the Site-Specific Targeting 2016 Program that will target high-injury rate businesses for inspections.

Before 2014, Site-Specific Targeting programs used data collected from the OSHA Data Initiative.

Under the program, OSHA will perform inspections of employers who it believes should have electronically submitted 300A injury and illness data, but did not. For 2016, employers who met certain criteria had to submit the data through an online portal by Dec. 15, 2017. For 2017, the deadline was July 1, 2018.

From now on, businesses with 250 or more employees that must currently keep OSHA injury and illness records, along with businesses in certain -high-risk industries with 20-249 employers, must submit this data each year by March 2.

According to OSHA’s official notice, which was released on October 16, 2018, the program “helps OSHA achieve its goal of ensuring that employers provide safe and healthful workplaces by directing enforcement resources to those workplaces with the highest rates of injuries and illnesses.”

The notice also lays out how OSHA will choose the organizations that are inspected.

  • High Rate Establishments
    • Businesses that have higher Days Away, Restricted or Transferred (DART) rate
  • Low Rate Establishments
    • To verify data accuracy, a random sample of low DART rate establishments will be included
  • Non-responders
    • A random sample of companies that did not submit required data will also be inspected, which is intended to “discourage employers from not reporting injury and illness information in order to avoid an inspection”

The notice will remain in effect for one year from the release date unless replaced by another notice.

OSHA, NIOSH Budgets Officially Increased

OSHA will enjoy a $5 million budget increase next year after legislators and President Donald Trump recently approved an appropriations bill.

OSHA will receive about $557.8 million in fiscal year 2019, according to Safety and Health Magazine. Last year, the administration received about $552.8 million.

OSHA-Approved State Plans will receive a maximum of $102.4 million, an increase of $1.5 million. State Plans are OSHA-approved job safety and health programs operated by individual states rather than federal OSHA. They must be at least as effective as the federal OSHA program. More than 20 states or territories operate State Plans.

OSHA’s enforcement budget increased by $1 million to $209 million total, and Voluntary Protection Programs will receive at least $3.5 million. Overall, $73.5 million was set aside for federal compliance assistance, which marks a $3.5 million increase.

The Susan Harwood Training Grants Program, which has almost been eliminated in recent years, will receive $10.5 million in FY2019.

NIOSH – the National Institute for Occupational Safety and Health – saw its budget increase $1.1 million to $336.3 million.

NIOSH will receive $336.3 million – a $1.1 million increase from FY 2018

In addition to the Department of Labor, the appropriations bill also included funding approval for the Departments of Defense, Health and Human Services, and Education.

SCT Lands Women’s Business Enterprise Status

SCT has been certified as a Women’s Business Enterprise (WBE) through the Women’s Business Enterprise National Council.

The WBENC is the largest certifier of women-owned businesses in the U.S. Its mission is to fuel economic growth by identifying, certifying and facilitating the development of women-owned businesses.

The Women’s Business Enterprise certification validates that SCT is at least 51 percent owned, controlled, operated, and managed by a woman or women. Certification assists a business competing for opportunities from WBENC Corporate Members and Government agencies.

President Gail Grueser founded SCT in 1999 with a focus on Occupational Health Services. In the ensuing decades, SCT has grown to provide comprehensive occupational safety and health solutions across the United States, with offices in Ohio, Illinois, California, Wisconsin and Florida.

SCT serves both private and public entities in numerous industries, including construction, general industry, glass manufacturing, transportation, health care and more.

With more senior-level OSHA experience on staff than any other consulting firm in the nation, SCT’s comprehensive services include consultation, inspections, written programs, submittal packages, expert witness testimony, biological, environmental and occupational monitoring, safety training, substance screenings, physical exams, TSA enrollment, background clearances, and representation for our clients to regulatory agencies.

OSHA outlines General Industry Silica Enforcement

The Occupational Safety and Health Administration (OSHA) has outlined how it will conduct silica enforcement for the General Industry and Maritime standards in a memorandum from Acting Deputy Assistant Secretary Galen Blanton.

The launch of silica enforcement for General Industry and Maritime standards takes a similar path as the start of enforcement for the Construction standard.

In the memorandum to OSHA’s Regional Administrators, Blanton wrote, “During the first 30 days of enforcement, OSHA will assist employers that are making good faith efforts to meet the new standard’s requirements. If upon inspection, it appears an employer is not making any efforts to comply, compliance officers should conduct air monitoring in accordance with Agency procedures, and consider citations for non-compliance with any applicable sections of the new standard.”

The new provisions for Respirable Crystalline Silica standard for General Industry and Maritime, 29 CFR § 1910.1053, are enforceable on June 23, 2018. Like the Construction standard, 29 CFR § 1926.1153, the standard instituted a new 8-hour time-weighted average (TWA) permissible exposure limit (PEL) of 50 µg/m3, and an action level (AL) of 25 µg/m3.

Watch our “Ask The Experts” video on silica!

According to Blanton’s memorandum, “Any proposed citations related to inspections conducted in this 30-day time period will require National office review prior to issuance.”

Silica enforcement has been one of the top questions SCT’s safety experts have received since the new standards were approved back in 2016. SCT has developed a 2-hour refresher training course, and an 8-hour competent person training course on the new silica standards.

The time for compliance is now!

Contact the safety experts at SCT at 1-800-204-1729 or by filling out the contact form below!







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OSHA Publishes Rule to Officially Delay Beryllium Compliance Date

As part of a settlement agreement between OSHA and four petitioners last month, the administration has announced a proposed rule to push the compliance date for almost all provisions of the general industry beryllium standard.

Published to the Federal Register on June 1, 2018, the Notice of Proposed Rulemaking (NPRM) extended to December 12, 2018, the compliance date for “all processes, operations, or areas where workers may be exposed to materials containing beryllium that fall under the scope of the general industry standard,” according to an OSHA news release.

OSHA stated that the delay will allow the agency to complete further clarifications of the standard and to simplify compliance.

Additionally, OSHA issued a memorandum stating that “ancillary requirements that are affected by this rulemaking will not be enforced until June 25, 2018. Any provisions for which the standard already establishes compliance dates in 2019 (change room and showers) and 2020 (engineering controls) are unaffected by this rulemaking.”

Back on April 24, 2018, OSHA and four petitioners – the National Association of Manufacturers, AirBorn Inc., Materion Brush Inc., and Mead Metals Inc. – signed the agreement to move the compliance date to December 12.

The public can submit comments about this action by clicking here. 

DOL, OSHA Release Spring 2018 Regulatory Agenda

The U.S. Department of Labor has released its Spring 2018 Regulatory Agenda, which provides a basic roadmap of potential OSHA developments.

The agenda lists 20 potential rules separated into three stages: pre-rule, proposed rule, and final rule. Those in the pre-rule stage are the furthest away from completion and those in the final rule stage are the closest.

Four proposals in the final rule stage include:

  • Standards Improvement Project IV. This would remove or revise “duplicative, unnecessary, and inconsistent safety and health standards” to ease the burden on employers, with most of the revisions to come in construction standards.
  • Quantitative Fit Testing Protocol. OSHA will evaluate three new possible fit-testing protocols to determine if they should be added to the rule as approved testing methods.
  • Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records. The administration is seeking to revise its internal procedures for OSHA personnel when they obtain and use personally identifiable medical information.
  • Technical Corrections to 36 OSHA Standards and Regulations. OSHA is correcting inaccurate graphics and typos in three dozen standards in 29 CFR 1904, 1910, 1915, 1917, 1918 and 1926.

According to Safety and Health Magazine, four other standards that were previously considered “long term action” also moved onto this edition of the agenda. Emergency Response and Preparedness, Prevention of Workplace Violence in Health Care and Social Assistance, and Tree Care standards are in pre-rule stage. An update to the Hazard Communication Standard is in the proposed rule stage.

With the recent delay of the beryllium standard, that regulation moved from the final rule stage back into the proposed stage. The Crane Operator Qualification in Construction standard also moved backward to the proposed stage.

The complete regulatory agenda, which also contains schedules for dozens of other government agencies, can be viewed by clicking here.

Beryllium OSHA compliance date pushed yet again

The OSHA compliance date for the agency’s general industry beryllium standard has been pushed until December 12, 2018, as a provision of a settlement agreement between OSHA and groups with concerns about certain ancillary provisions in the final rule.

OSHA and the four petitioners — the National Association of Manufacturers, AirBorn Inc., Materion Brush Inc., and Mead Metals Inc. — signed the agreement on April 24, 2018, according to a report from Safety & Health Magazine.

On May 4, 2018, OSHA announced a direct final rule that revised a few parts of the rule. Specifically, it clarified the definitions of Beryllium Work Area, emergency, dermal contact, and beryllium contamination, as well as provisions for disposal and recycling, according to an OSHA news release. 

The new OSHA compliance date of December 12, 2018, is in place for all but two provisions in the rule: change rooms/showers and engineering controls. Those provisions have compliance dates of March 11, 2019, and March 10, 2020, respectively.

OSHA’s beryllium final rule was first published on January 9, 2017, and went into effect May 20, 2017. Enforcement of the standards was most recently slated to begin on March 12, 2018, after being pushed back from March 2018.

According to OSHA’s estimates, about 62,000 workers are exposed to beryllium. The updated regulations included in the final rule is projected to save 90 people from beryllium-related disease, and prevent 46 new cases of chronic beryllium disease each year.

Beryllium is a strong, lightweight metal used in electronics and the defense industry, among others. Overexposure can cause serious health risks, including incurable chronic beryllium disease and lung cancer.

OSHA corrects electronic injury submission error

OSHA has issued a correction for its electronic injury tracking service, and now requires “all affected employers to submit injury an illness data in the Injury Tracking Application (ITA) online portal, even if the employer is covered by a State Plan that has not completed adoption of their own state rule.”

The corrective measure follows a review of the recordkeeping requirements established in 2016’s “Improve Tracking of Workplace Injuries and Illnesses” regulation. As previously reported, at the time of implementation, employers in certain states who met the requirements for ITA submission but were covered under an OSHA-approved State Plan that had not yet adopted electronic reporting were not required to submit data to ITA.

As of now, those state plans — which included California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming — do not exempt affected employers from submitting their injury and illness data online.

“OSHA immediately notified State Plans and informed them that for Calendar Year 2017 all employers covered by State Plans will be expected to comply,” according to an April 30, 2018, Department of Labor press release. “An employer covered by a State Plan that has not completed adoption of a state rule must provide Form 300A data for Calendar Year 2017.  Employers are required to submit their data by July 1, 2018.”

Employers who are covered by State Plans that have not adopted a state rule to submit electronic injury and illness data will not face any retroactive requirement for Calendar Year 2016, according to the same release. The only required data is that for Calendar Year 2017.