Hazardous Waste Training

Q:  We are going onto a landfill to do some sampling.  No hazardous waste has, is, or ever will be disposed of in the landfill.  Is Hazwoper training required?  If not, what training is required?
A:  As long as there is no hazardous waste OSHA’s Hazwoper Regulation doesn’t apply.  OSHA’s Hazard Communication Standard applies instead.

Ladder Labels

Q:  Some of the decals on the ladders are worn off or illegible. Do we have to go back to the manufacturer of the ladder to get replacement decals or can we get them from somewhere else?

A:  Any applicable information specific to the ladder type, warnings or ratings shall be legible to the user.  The type of label would be specific to each manufacturer since products may differ.  Manufacturers may offer replacement labels.  However, due to liability concerns, it is doubtful that a ladder manufacturer will distribute ladder warning labels when they have no idea what their customer is putting them on.  This is why ladders should be kept clean, free of damage, stored properly and inspected prior to use.  Having a proper ladder inspection/safety program in place will prevent the labels from getting damaged. 

Class of Ladders

Q: Is there a minimum class that the ladders have to be rated? Can the ladders be wooden, aluminum and/or steel?

A:  This all depends on the type of ladder, where the ladder will be used, and the type of forces exerted on the ladder.  Typically ladders have several different ratings. Consider factors such as proximity of electrical lines or systems, contaminants such as chemicals and how they will have an effect on the ladder material, weight of the average individual who will be using the ladder, the weight of the objects which may be handled while on the ladder.  Examples of a ladder classification system are as follows: 

• Type III, light duty ladder is rated for 200lbs, red in color
• Type II, medium duty ladder is rated for 225lbs, green in color
• Type I, heavy duty industrial ladder is rated for 250lbs, blue in color
• Type IA, extra heavy duty industrial ladder is rated for 300lbs, orange in color
• Type IAA, special duty ladder is rated for 375lbs, yellow in color

Fall Protection

Q: In construction, is it acceptable to tie off to roof carts that weigh about 500 lbs.?

A: No. The anchor point should not be mobile and should follow the guidelines of 29 CFR 1926 Subpart M:

1926.502(d)(15) - Anchorages used for attachment of personal fall arrest equipment shall be independent of any anchorage being used to support or suspend platforms and capable of supporting at least 5,000 pounds (22.2 kN) per employee attached, or shall be designed, installed, and used as follows:

1926.502(d)(15)(i) - as part of a complete personal fall arrest system which maintains a safety factor of at least two; and

1926.502(d)(15)(ii) - under the supervision of a qualified person.

Cylinder Storage

Q: Can compressed gas (argon 75%,carbon dioxide 25%) and nitrogen non flammable gases be stored with oxygen full or empty in the same place also can they be stored inside?

A: Only fuel gasses need to be separated from Oxygen.  Argon, carbon dioxide, and nitrogen are not fuel gasses so they don't need to be separated and they can be stored inside.

Oxygen Storage

Q: How thick does the partition wall have to been between cylinders?

A: 1910.253(b)(4) states that oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials by at least 20 feet or by a barrier that is at least 5 feet high that has a fire-resistance rating of at least on half hour.  OSHA doesn’t reference the thickness of the barrier.  Only that it has to have a ½ hour fire-resistance rating.

Compressed Gas Cylinders

Q: If compressed gas cylinders are in  use or set up for use do they require caps?

A: No, 1910.253(b)(2)(iv) states that valve protection caps, where the cylinder is designed to accept a cap, shall always be in place, hand-tight, except when cylinders are in use or connected for use.

Respirator Medical Evaluations

Q: Do employees need re-evaluation of medical clearance for respirator use?

A: Yes, under certain circumstances:

1910.134(e)(7) Additional medical evaluations. At a minimum, the employer shall provide additional medical evaluations that comply with the requirements of this section if:

         i. 1910.134(e)(7)(i) An employee reports medical signs or symptoms that are related to ability to use a respirator;

       ii. 1910.134(e)(7)(ii) A Physician or other licensed health care professional, supervisor, or the respirator program administrator informs the employer that an employee needs to be reevaluated;

      iii. 1910.134(e)(7)(iii) Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or

     iv.  1910.134(e)(7)(iv) A change occurs in workplace conditions (e.g., physical work effort, protective clothing, temperature) that may result in a substantial increase in the physiological burden placed on an employee.

Requirements for Hole Covers

Q: During construction, when covering openings in a roof such as skylights and fan rough-ins, how strong does the material have to be? 

A: 1926.502(i)(2) All other covers shall be capable of supporting, without failure, at least twice the weight of employees, equipment, and materials that may be imposed on the cover at any one time.

OSHA’s Multi-employer Citation Policy

Q: If an outside contractor is working in the plant, is it their responsibility to be in compliance or do we need to make sure they are in compliance?

A: It would be to your benefit to make sure the contracted company is in compliance.  OSHA’s Multi-Employer Citation Policy states the following:

·     Multi-employer Worksites. On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard. A two-step process must be followed in determining whether more than one employer is to be cited.

o   Step One. The first step is to determine whether the employer is a creating, exposing, correcting, or controlling employer. The definitions in paragraphs (B) - (E) below explain and give examples of each. Remember that an employer may have multiple roles (see paragraph H). Once you determine the role of the employer, go to Step Two to determine if a citation is appropriate (NOTE: only exposing employers can be cited for General Duty Clause violations).

o   Step Two. If the employer falls into one of these categories, it has obligations with respect to OSHA requirements. Step Two is to determine if the employer's actions were sufficient to meet those obligations. The extent of the actions required of employers varies based on which category applies. Note that the extent of the measures that a controlling employer must take to satisfy its duty to exercise reasonable care to prevent and detect violations is less than what is required of an employer with respect to protecting its own employees.

OSHA would consider the contracted company to be the exposing employer and your company as the controlling employer.  Please visit our website for more information.

Compressed Gas Cylinders

Q: We currently house our compressed gas cylinders in a storage cage and we use an outside vendor for service.  We have no problems but we are interested in putting a lock on the storage cage.  Can we lock the storage cage the compressed gas cylinders are in to prevent the vendor or anyone else to come in and out as they please?  In other words, is there any OSHA regulation that states whether or not we can lock that storage unit? 

A: OSHA does not clearly state whether locks are permitted or not permitted on storage areas.  However, OSHA does state that the storage areas should be well-protected.  This includes being protected from tampering by unauthorized persons.  In the circumstance that you described locking the cage would be permitted and provide an added form of protecting the cylinders from tampering.  Below is the OSHA regulation pertaining to this issue.

• 1910.253(b)(2)(ii) - Inside of buildings, cylinders shall be stored in a well-protected, well-ventilated, dry location, at least 20 (6.1 m) feet from highly combustible materials such as oil or excelsior. Cylinders should be stored in definitely assigned places away from elevators, stairs, or gangways. Assigned storage spaces shall be located where cylinders will not be knocked over or damaged by passing or falling objects, or subject to tampering by unauthorized persons. Cylinders shall not be kept in unventilated enclosures such as lockers and cupboards.

Trench Box Modifications

Q: Can I mount plates to the end of our trench boxes to further prevent cave-ins?

A: That may be acceptable, however you will need to verify and be able to prove that any modifications are properly engineered to withstand the anticipated pressure that will be applied.  This can be accomplished by requesting approval from the manufacture or an accredited engineer, however it may be best to purchase a new box instead.

Proper Gas Cans

Q: Can we use Military Style ‘Gerry’ Gas Cans on jobsites?

A: Some model ‘Gerry’ Cans may be acceptable if they have anti-spill and flame arrestor features.  If you are unsure if your gas can has these features, it is recommended that you purchase a new ‘safety can’ from a local supplier.

Respirator Medical Evaluations

Q:  Do medical evaluations need to be conducted annually for respirator wearers?

A:  No, additional medical evaluations need to be conducted if:

• An employee reports medical signs or symptoms that are related to ability to use a respirator
• A PLHCP, supervisor, or the respiratory program administrator informs the employer that an employee needs to be reevaluated
• Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or
• A change occurs in workplace conditions (e.g., physical work effort, protective clothing, temperature) that may result in a substantial increase in the physiological burden placed on an employee.

Chemical Labels

Q:  Do we have to label secondary containers?  If so, where can we find the information required on the label?  
A:  Unless the employee transferring the substance is in complete control of the container at all times, it would have to be labeled.  Minimal information required on the container would include the chemical/substance name, hazard categories and applicable ratings and target organs/personal protective equipment.  This information can sometimes be found on the original, manufacturers container or the material safety data sheet.

MSDS

Q:  How long does a company need to keep the MSDS for chemical that is no longer used?

A:  MSDS are considered “Employee Exposure Record” and must be kept on file for 30 years.

Respiratory Protection

Q:  An employee assigned to clean out a furnace insisted that OSHA requires him to wear a respirator while cleaning out the furnace.  Do we have to provide it and what kind of respirator do we need? 

A:  In order to determine if a respirator is needed air monitoring must be conducted to figure out the amount of exposure. If the exposure is over OSHA's Permissable Exposure Limit (PEL) then controls need to be used to reduce the exposure. The type of respiratory protection would be based off of the amount of exposure and the substance.

OSHA Requirements

Q: Is it true that OSHA has no say over companies with less than 11 employees?

A: OSHA regulations are applicable to all employers. The number of employees only pertains to OSHA’s recordkeeping requirements.  Companies with 11 or more employees must fill out the OSHA 300 form, 300A Summary, and the 301 form or a similar version. Companies with fewer do not have to keep the mentioned records.  If your company needs help getting your safety program on track please visit our website. 

Personal Protective Equipment (PPE)

Q:  What PPE is the employer responsible to provide?

A:  The employer is responsible to purchase and provide the PPE that employees need to wear except for a few special situations. OSHA's requirements on purchasing PPE and the special situations are provided below:  

·         1910.132(h) Payment for protective equipment.

o   1910.132(h)(1) Except as provided by paragraphs (h)(2) through (h)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees.

o   1910.132(h)(2) The employer is not required to pay for non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site.

o   1910.132(h)(3) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

o   1910.132(h)(4) The employer is not required to pay for:

-1910.132(h)(4)(i) The logging boots required by 29 CFR 1910.266(d)(1)(v);

-1910.132(h)(4)(ii) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or

-1910.132(h)(4)(iii) Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.

o   1910.132(h)(5) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

o   1910.132(h)(6) Where an employee provides adequate protective equipment he or she owns pursuant to paragraph (b) of this section, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer shall not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by paragraphs (h)(2) through (h)(5) of this section.

o   1910.132(h)(7) This paragraph (h) shall become effective on February 13, 2008. Employers must implement the PPE payment requirements no later than May 15, 2008.

Note to § 1910.132(h): When the provisions of another OSHA standard specify whether or not the employer must pay for specific equipment, the payment provisions of that standard shall prevail. [39 FR 23502, June 27, 1974, as amended at 59 FR 16334, April 6, 1994; 59 FR 33910, July 1, 1994; 59 FR 34580, July 6, 1994; 72 FR 64428, Nov. 15, 2007]

Forklift Mounted Man Basket

Q: Is there an actual OSHA requirement relating to a forklift mounted man basket?  If not, what other “rules” apply to this type of equipment?

A: There is not an actual general industry standard concerning mounted man baskets on forklifts.  However companies must abide by The American National Standards Institute (ANSI).  ANSI’s standard regarding mounted man baskets on forklifts is B56.6.  In this standard it covers the design, training, and machine requirements.  Listed below are a few examples as to what it covers.

• Requires both the forklift operator and the employee in the man basket to be properly trained on the use of the work platform.
• Requires the employees to be trained on the use of seat belts, lanyards, and the use of hard hats.
• Requires the forklift operator to have training on inspecting the man basket, attaching the man basket, as well as how to properly operate the man basket when employees are inside.
• Requires that both sides of the man basket lock into place on the forklift so the basket will not slide.
• The use of the man basket is to be the last option.
• Requires safety belt attachment points.
• Ladders are not allowed inside of the man basket to reach high.
• A first aid kit and fire extinguisher must be inside the man basket.
• The forklift operator can only move the platform up and down when employees are inside of the basket.
• The basket is required to have the following – two boards, handrails, a gate locked in place, and a load capacity.

Requirements for Eye Wash and Emergency Shower Signage

Q. What color do our eye wash and emergency shower signs have to be?

A. OSHA does not require a specific color or set up of an eye wash station. Most signs available are green with white lettering.

Water Requirements on a Jobsite

Q:  Do employers have to provide water on a jobsite?

A:  OSHA requires that the employer provides water at a jobsite:  Heat Stress Prevention 

1910.141(b)(1)(i)  Potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal service rooms.