OSHA ENFORCEMENT OF PERSONAL PROTECTIVE EQUIPMENT USE IN YOUR WORKPLACE

Transcription

1 OSHA ENFORCEMENT OF PERSONAL PROTECTIVE EQUIPMENT USE IN YOUR WORKPLACE GLENN BECKER, PARTNER COMPLIANCE PROTECTION, INC. MEDINA, OHIO NOVEMBER 15,

2 ENFORCEMENT OF PPE IN GENERAL INDUSTRY 2/10/11 Effective Date for OSHA Enforcement Instructs OSHA personnel on agency s interpretations and enforcement See CPL for detailed information 2

3 HISTORY of PPE OSHA STANDARD 1994 Revised to require employers: Perform a Hazard Assessment, Select PPE based on those Hazards, Prohibit use of defective/damaged PPE, Train employees in proper use of PPE 2007 Revised to require employers: Pay for PPE in all workplaces including general industry ( applied identical requirements across industry lines e.g. construction, shipyards, long shoring, marine terminals ) 3

4 HISTORY of PPE OSHA STANDARD 2009 Final rule revised PPE Standard based on National Consensus Standards (e.g regarding eye- and face- protective devices, head protection, and foot protection. 4

5 WHAT WILL THIS DIRECTIVE ACCOMPLISH? Support the DOL s goal of reducing workplace injuries, illnesses, and fatalities Provide OSHA Compliance Officers, consultants, and other interested parties with information about PPE selection and use in minimizing employee exposure to hazards 5

6 WHAT WILL THIS DIRECTIVE ACCOMPLISH? Support Site-Specific Targeting (SST) of high hazard industries and workplaces Provides general industry PPE safety and health information in a webbased format with electronic links to noted references 6

7 SIGNIFICANT CHANGES? Provides guidance allowing employers to use PPE constructed in accordance with the most recent national consensus standards. 7

8 CONTINUOUS IMPROVEMENT by CONSENSUS 8

9 SIGNIFICANT CHANGES? What type of PPE must the employer pay for? Let s See! 9

10 WHAT PPE MUST JOHN S COMPANY PROVIDE AND PAY FOR? 10

11 EXAMPLES OF PPE REQUIRED TO BE PAID BY EMPLOYER Metatarsal foot protection. Special boots for longshoremen working logs. Rubber boots with steel toes. Shoe covers toe caps and metatarsal guards. Non-prescription eye protection. Prescription eyewear inserts/lenses for full-face piece respirators. Prescription eyewear inserts/lenses for welding and diving helmets. Goggles. Face shields. Laser safety goggles. Firefighting PPE (helmet, gloves, boots, proximity suits, full gear). Hard hats / Bump Caps Hearing protection. Welding PPE. 11

12 EXAMPLES OF PPE REQUIRED TO BE PAID BY EMPLOYER Items used in medical / laboratory settings to protect from exposure to infectious agents (aprons, lab coats, goggles, disposable gloves, shoe covers, etc.). Non-specialty gloves: Payment is required if they are PPE, such as for protection from dermatitis, severe cuts/abrasions. Rubber insulating gloves. Mesh cut-proof gloves, mesh or leather aprons. Self Contained Breathing Apparatus, air-supplying respirators (escape only). 12

13 EXAMPLES OF PPE REQUIRED TO BE PAID BY EMPLOYER Respirators. Personal fall protection. Ladder safety device belts. Climbing ensembles used by linemen (for example, belts and climbing hooks). Window cleaners safety straps. Personal Flotation Devices (life jackets). Encapsulating chemical protective suits. Reflective work vests. 13

14 SIGNIFICANT CHANGES? Clarifies when employers are not required to pay for PPE Clarifies payment requirements for PPE : Worn off the jobsite AND/OR Owned by the employee 14

15 WHEN DOESN T EMPLOYER PAY FOR PPE? Exceptions to Payment Requirement: Non-specialty safety-toe protective footwear (if employee allowed to wear off job site) Non-specialty prescription safety eyewear Everyday clothing Long-sleeved shirts, long pants, street shoes, and ordinary fabric/leather work gloves Ordinary clothing Solely used for protection from the weather. 15

16 WHEN DOESN T EMPLOYER PAY FOR PPE? REPLACEMENT PPE, WHEN: The employee has lost the PPE The employee has intentionally damaged the PPE The employee has refused to care for PPE that they were trained to wear, care, and inspect regularly 16

17 WHEN DOESN T EMPLOYER PAY FOR PPE? EMPLOYEE-OWNED PPE: That the employer allows the employee to use That is an upgrade that the employee chooses to use instead of that provided by employer That the employer determines is at least as good as what the employer already provides (EMPLOYEE S USE MUST BE VOLUNTARY AND CAN NOT BE A CONDITION OF EMPLOYMENT, CONDITION FOR CONTINUED OR PLACEMENT IN A JOB ) 17

18 WHEN DOESN T EMPLOYER PAY FOR PPE? UPGRADED OR PERSONALIZED PPE THAT: Exceeds requirements for protection Is chosen and purchased by employee for personal reasons HOWEVER, the employer has a duty to ensure that any PPE allowed in the workplace is adequate, properly main- tained, and kept in sanitary condition 18

19 EXAMPLES OF PPE EXEMPTED FROM EMPLOYER PAYMENT Non-specialty safety-toe protective footwear (such as, steel-toe shoes/boots). Non-specialty prescription safety eyewear. Sunglasses/sunscreen. Sturdy work shoes. Non-specialty slip-resistant, non-safety-toe footwear. Logging boots required under 29 CFR (d)(1)(v). 19

20 EXAMPLES OF PPE EXEMPTED FROM EMPLOYER PAYMENT Lineman s boots. Ordinary cold weather gear (coats, parkas, cold weather gloves, and winter boots). Ordinary rain gear. Back belts. Long-sleeve shirts. Long pants. Dust masks and respirators used under the voluntary use provisions in 29 CFR

21 EXAMPLES OF PPE EXEMPTED FROM EMPLOYER PAYMENT Items worn for product or consumer safety (not employee safety and health). For example: hairnets worn solely to protect food products from contamination, that is not used to comply with machine guarding requirements; and plastic or rubber gloves worn solely to prevent food contamination during meal preparation (This would not include cut-proof gloves worn to prevent lacerations). Items worn to keep employees clean for purposes unrelated to safety or health (denim coveralls, aprons). Items worn for patient safety and health; not employee safety and health. Uniforms, caps or other clothing worn solely to identify a person as an employee. Travel time and related expenses for employees to shop for PPE. 21

22 CSHO INSPECTION GUIDELINES 22

23 CSHO INSPECTION GUIDELINES THE CSHO (Compliance Safety and Health Officer) shall determine whether the employer is in compliance with the 29 CFR Part 1910, Subpart I, PPE requirements (29 CFR through 29 CFR ), 23

24 CSHO INSPECTION GUIDELINES other standards applicable to general industry that require PPE, and with the final rule for Employer Payment for Personal Protective Equipment dated 11/15/2007 (effective 2/13/2008) 24

25 CSHO INSPECTION GUIDELINES If OTHER MORE SPECIFIC PPE assessment and selection requirements apply? CITE HAZWOPER requirements CITE P.R. CONFINED SPACE requirements CITE WELDING requirements CITE BLOODBORNE PATHOGENS requirements CITE TELECOMMUNICATIONS requirements 25

26 CSHO INSPECTION GUIDELINES WHAT ARE SOME SPECIFIC VIOLATIONS OF THE PPE STANDARDS THAT THE CSHO HAS BEEN TRAINED TO CITE? 26

27 THE CSHO CAN CITE! when the employer fails to provide, ensure use, and maintain PPE in a sanitary and reliable condition. I guess my FR clothing won t do much good with all this grease and oil on it. 27

28 THE CSHO CAN CITE! where body protection is required to protect employees from bodily injury because hazards cannot be eliminated by engineering or work practice controls, THEN 28

29 THE CSHO CAN CITE! For NO body protection such as lab coats, FR coveralls, vests, aprons, surgical gowns, and full bodysuits 29

30 CSHO INSPECTION GUIDELINES HAZARD EXAMPLES (FULL BODY) Radiation Exposure Molten Metal Splash Hot Liquid / Chemical Splash Chemical Splash / Vapor Biological Contamination Blood or Bodily Fluids 30

31 THE CSHO CAN CITE! will determine that the employer is ensuring that employee owned PPE is maintained in a sanitary condition. If I (the CSHO) see only one person, on the same job as others, wearing PPE, I need to find out if that is his own PPE or if everyone should be wearing that PPE? 31

32 THE CSHO CAN CITE! TRAINING Has each employee been trained on: when and what PPE is needed? how to don, doff, adjust, and wear PPE? limitations of PPE? proper care, maintenance, useful life, & disposal of PPE? 32

33 THE CSHO CAN CITE! If the employer cannot produce such certification of training that includes: NAME OF EMPLOYEE DATES OF TRAINING SUBJECT OF PPE USED BY EMPLOYEE 33

34 Facility: CONSTRUCTION CO. USA PERSONAL PROTECTIVE EQUIPMENT SAFETY TRAINING (29CFR ) Date: Time: Employee Name (Print) Job Title Employee Signature 10 Video(s)shown: Booklets / Handouts / power point (s): Signature of Trainer(s): 34

35 THE CSHO CAN CITE! TRAINING Can each employee demonstrate required skills indicating an understanding of previous training? If I see an employee(s) wearing ear plugs inserted sideways If I see gloves ripped/torn or chemically degraded, I can ask 35

36 Rubber safety gloves damaged from electrical shock. 36

37 THE CSHO CAN CITE! TRAINING Can each employee demonstrate If I see work boot uppers separated from the soles, I will If I see damaged safety glasses that don t fit properly 37

38 This boot was ANSI & ASTM certified - NOT by my hound, OLD BLUE 38

39 These glasses served their purpose retire them! 39

40 THE CSHO CAN CITE! HAZARD (PPE) ASSESSMENT 29 CFR (d)(1)&(2) Has the employer assessed the workplace or worksite for hazards to eyes, face, head, foot, and hand protection? 40

41 THE CSHO CAN CITE! HAZARD (PPE) ASSESSMENT 29 CFR (d)(1)&(2) Has employer certified in writing that a hazard assessment was conducted? If so, has the employer selected PPE? 41

42 THE CSHO CAN CITE! HAZARD (PPE) ASSESSMENT 29 CFR (d)(1)&(2) Has employer demonstrated the PPE for his employees? Has the employer selected PPE that fits each employee? 42

43 THE CSHO CAN CITE! HAZARD (PPE) ASSESSMENT 29 CFR (d)(1)&(2) If MORE SPECIFIC PPE assessment and selection requirements apply? CITE HAZWOPER requirements CITE P.R. CONFINED SPACE requirements CITE WELDING requirements CITE BLOODBORNE PATHOGENS requirements 43

44 THE CSHO CAN CITE! If the user s PPE (employee owned, too!) is damaged or defective and does not provide the protection it was designed for 44

45 THE CSHO CAN CITE! CITATIONS CAN BE STACKED DEPENDING ON WHAT THE CSHO SEES CAUSING HIM TO LOOK FOR RELATED CITATIONS! 45

46 THE CSHO CAN CITE! NO written hazard assessment NO selection of PPE NO documented PPE training NO use or care taken of PPE IMPROPER use of PPE 46

47 THE CSHO CAN CITE! CAN lead to additional citations under a specific Standard (e.g.: hearing conservation) If I see earplugs improperly worn, I may think about the Hearing Standard and wonder if they have posted a copy of the Standard in the area where hearing protection is required. If it is not posted, I may cite. 47

48 Remember! The employer will not know which CSHO will visit them that day. OSHA officers tend to fall into one of three personality types: THE GOOD! THE BAD! THE UGLY! 48