Audit, Compliance and Risk Blog

Last week the U.S. Occupational Safety and Health Administration (OSHA) issued its first detailed standard requiring employers in the construction sector to define confined spaces in their workplaces, and to implement training and safety programs to protect employees. This new standard incorporates longstanding requirements for most employers (what OSHA calls “General Industry”), with enhancements based on ongoing experience. Whether your organization is in construction, general industry, or another specialized sector, OSHA’s new standard provides a reminder to consider confined space safety in your workplaces. The following discussion summarizes the main issues and associated compliance requirements. 

The Occupational Safety and Health Administration (OSHA) adopted massive changes to its Hazard Communication Standard (HCS or Hazcom) effective May 25, 2012, updating chemical information, labeling and training requirements that had been in place since the 1980s. These revised requirements conform U.S. requirements to international guidelines under the U.N.-sponsored Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Recognizing the extent of these changes, OSHA provided multi-year compliance phase-ins for employers whose workers manufacture, distribute or use chemicals. The next such deadline is June 1, 2015, when Safety Data Sheets (SDSs) must replace Material Safety Data Sheets (MSDSs) and end-user employers must ensure that their Hazcom programs reflect most of the revised requirements.

Last weekend’s disastrous earthquakes in Nepal are a reminder that natural disasters can strike anywhere. Employers can and should plan for a broad range of events, and can apply guidance from occupational safety and health agencies standards when doing so. The U.S. Occupational Safety and Health Administration (OSHA) requires employers with specified activities to prepare and implement emergency action plans (EAPs), provides guidance for EAPs, and recommends that all employers prepare these plans. Employers can use this structure to prepare for earthquakes.

As most readers know, employers have very broad responsibilities to provide their employees with a workplace that is “free from recognized hazards.” To meet this Employer’s General Duty, employers must do more than just identify and comply with applicable safety standards issued by the Occupational Safety and Health Administration (OSHA) and its equivalent (I discussed this general provision here). Employers also must take other – unspecified – steps to identify and “recognize” unregulated hazards. One important version of these steps is to watch for non-binding recommendations from OSHA, the National Institute for Occupational Safety and Health (NIOSH), and other credible organizations in industry, government and academia,

Spring may be just around the corner, but winter isn’t over yet. Those of us who work in comfortable indoor spaces are fortunate that we only experience the cold weather on our way to and from work. However, for the many who work outdoors, the weather presents a daily challenge, especially during winter.

A wide variety of federal, state and even local laws apply environmental, health and safety (EH&S) protection requirements to chemicals. EH&S compliance personnel are accustomed to complying with chemical management requirements imposed by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and their state equivalents.

The Occupational Safety and Health Administration (OSHA) has updated its recordkeeping rule to expand the list of severe injuries (including amputations) that all employers must report. An increase in good reporting and recordkeeping is a best management practice and an essential part of helping employers ensure and maintain the safest working environments for their employees.

Within the U.S., most chemical safety requirements are imposed by the Occupational Safety and Health Administration OSHA) and the Environmental Protection Agency (EPA). For example, OSHA (or delegated state agencies) administers a Process Safety Management (PSM) Standard, while EPA (or delegated state agencies) administers the Accidental Release Prevention (ARP) regulation. In addition to these sets of regulators, however, Congress has created a national agency to conduct independent investigations of major chemical accidents, and to issue accident-specific findings and specific or general recommendations for improved chemical handling and regulation. This agency’s formal name is the Chemical Safety and Hazard Investigation Board—which usually refers to itself as the Chemical Safety Board or CSB.

Yes, we did. We said that noise, as a by-product of industrial processes, is one of the most pervasive occupational health concerns, contributing to approximately 16% of the disabling hearing loss in adults on a worldwide scale. Ten million people in the U.S. alone have a noise-related hearing loss and twenty-two million workers are exposed to potentially damaging noise each year. In 2007 the National Institute of Occupational Safety and Health (NIOSH) estimated that approximately 23,000 cases of occupational hearing loss were reported as causing hearing impairment and that this alone accounted for 14% of occupational illness that year.

In September I blogged about OSHA’s Airborne Contaminant Standard, which sets ambient air limits for over 400 workplace air contaminants to protect employees from exposures to airborne chemical and particulate contaminants in workplace air. In October, OSHA issued an extensive Request for Information (RFI), asking for comments on a variety of approaches to setting these limits in the future. In the RFI, OSHA notes that most exposure limits date from 1971, and so they don’t reflect four decades of advances in understanding of chemical toxicology. OSHA is attempting to build on legal requirements for standard-setting developed by court cases since 1971, and to update—the agency doesn’t say finesse—some of the limitations. The RFI asks over 50 questions, and solicits comments no later than April 8, 2015.