OSHA Releases Additional Temporary Worker Initiative Bulletins (TRN Update)

safetyOHSAtempworkersmarch2015

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

The Occupational Safety and Health Administration (OSHA) has released two additional bulletins in conjunction with their ongoing Temporary Worker Initiative (TWI).  The TWI was started in April of 2013 and focuses on both temporary staffing agencies and those employers that utilize a temporary employees (host employers).  The TWI focuses on clarifying safety and health responsibilities within the temporary staffing agency and host employer relationship.  OSHA views this relationship as a co-employment situation and therefore both parties are responsible for safety and health.

The two bulletins released on March 13, 2015 provide information on Personal Protective Equipment (PPE) and Whistleblower Protection Rights. The content of the bulletins does not create any new regulation, it only serves to clarify current OSHA Standards and provide guidance.  OSHA is encouraging both temporary staffing agencies and host employees to spell out safety and health obligations in writing so no items are overlooked and all employees, regardless of whether they are full time or temporary, receive the same guarantee of a safe and healthful workplace.

OSHA has previously released a TWI Bulletin that focused on Recordkeeping and a Recommended Practices PDF that serves as general guidelines.

All of the OSHA published materials regarding the TWI can be found by (clicking here).

CLIFFGERBICKBLOGCliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com.

OSHA Updates Recordkeeping Requirements (TRN Update)

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From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

The Occupational Safety and Health Administration (OSHA) made significant changes to employers’ requirements for reporting injuries to the agency.  On September 11, 2014, OSHA announced there would be added circumstances under which employers must contact OSHA and report certain occupational incidents.  Prior to the update, employers needed to contact OSHA within eight (8) hours in the event of a death or three (3) or more employees being hospitalized due to an occupational incident.

Besides the existing requirement of reporting a fatality within eight (8) hours, the new requirements require employers to contact OSHA within 24 hours in the event any employee(s) is hospitalized due to occupational incident, an employee has any part of their body amputated or if an employee loses an eye(s).

The new rules are effective January 1, 2015.  In addition the reporting rules update, OSHA also updated its list of exempted industries. These industries are exempt from regular OSHA recordkeeping requirements but still must comply with the above requirements and any other requests by OSHA or the Bureau of Labor Statistics (BLS).

For more information and the full OSHA Press Release, please visit: (www.OSHA.gov)

Cliff Gerbick TRN Staffing SafetyCliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com. Visit the The Reserves Network’s website at www.TRNstaffing.com.

OSHA Extends Comment Period of Proposed Recordkeeping Changes (TRN Update)

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From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

The Occupational Safety and Health Administration (OSHA) has extended the open comment period for the proposed changes to the current Recordkeeping Standard, 29 CFR 1904.  The extension was in response to a request from the National Association of Home Builders.

Under current regulations, most employers are required to maintain the OSHA 300 Log.  While employers must maintain the log, they are not required to submit information from the log to OSHA or any other agency at years end unless specifically directed to by OSHA or another government agency, such as the Bureau of Labor Statistics.

The proposed rule will require employees to electronically submit OSHA 300 data to OSHA on an annual basis. The period to comment on this proposed rule change has been extended until March 8, 2014.

Interested parties can submit their comments via mail, FAX or electronically through the following link: (www.regulations.gov)

For more information, please visit: (www.OSHA.gov)

Cliff Gerbick TRN Staffing SafetyCliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com. Visit the The Reserves Network’s website at www.TRNstaffing.com.

OSHA Releases Resources to Protect Workers from Chemical Hazards (TRN Update)

OSHA Alert Safety

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

The Occupational Safety and Health Administration (OSHA) has released two online resources to help workers understand and identify hazardous chemicals in the workplace.

While OSHA has identified many dangerous chemicals that are present in workplaces, it concedes that their “…exposure standards are out-of-date and inadequately protective for the small number of chemicals that are regulated in the workplace.”

In order to help eliminate the knowledge gap, OSHA’s first resource is designed to help employers replace harmful chemicals with less harmful substances.  The toolkit, as OSHA describes it, “…walks employers and workers step-by-step through information, methods, tools and guidance to either eliminate hazardous chemicals or make informed substitution decisions in the workplace by finding a safer chemical, material, product or process.”

The second resource allows employers and workers to compare current OSHA Permissible Exposure Limits (PEL’s) to other consensus exposure limits. This has been provided so employers and workers will voluntarily adopt the newer, more effective exposure limits.  Since many PEL’s were adopted over 30 years ago, it is imperative for employers to determine what levels are best practices to ensure they are protecting their employees.

For the full OSHA Press Release and links to the two online resources, please visit: (LINK: OSHA.gov)

Cliff Gerbick TRN Staffing SafetyCliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com. Visit the The Reserves Network’s website at www.TRNstaffing.com.

OSHA Revises Hazard Communication Standard – One Year Later (TRN Update)

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From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

It has been approximately one year since the  Occupational Safety and Health Administration (OSHA) revised the Hazard Communication Standard (29 CFR 1910.1200) to align it with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  Now that employers have had an opportunity to familiarize themselves with the changes they should be well prepared for the upcoming requirements that are going into effect in 2013.

By December 1, 2013, all employers must train all of their employees on the new requirements of 29 CFR 1910.1200.  The main items in which employees must be trained are the Safety Data Sheet (SDS) format and the pictograms that OSHA will be utilizing to identify hazards.  Additional items are required further down the line but December 1, 2013 is the first in a series of deadlines that both manufacturers and employers must meet to be in compliance with the new standard.

For further reading on 29 CFR 1910.1200 and GHS, please visit: (LINK: osha.gov)

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com.

Visit the The Reserves Network’s website at www.TRNstaffing.com.

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OSHA Launches Initiative to Protect Temporary Workers (TRN Update)

OSHA Temporary Safety

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

Each year towards the end of April, the Occupational Safety and Health Administration (OSHA) holds a remembrance ceremony for Workers Memorial Day.  During this time, OSHA remembers those workers who lost their lives on the job and recommits to making worksites safer.

However, this year, in addition to the remembrance service, OSHA introduced an initiative to protect temporary workers in the workforce.  OSHA sent a memo to all regional administrators who assess field operations directing field inspectors “to assess whether employers who use temporary workers are complying with their responsibilities under the Occupational Safety and Health Act.”

This memo comes on the heels of a recently published Standard Interpretation that clarified who in the temporary agency/host employer is responsible for what aspects of required safety and health education.  That standard interpretation can be found at by (CLICKING HERE: osha.gov)

OSHA has long held that temporary agencies are required to provide general safety and health training while host employers are required to provide site specific training on potential hazards and risks.  Those responsibilities are not changing; OSHA is simply putting and emphasis on ensuring that both parties are fulfilling their obligations under the OSH Act.

Compliance Safety and Health Offices (CSHO’s), commonly referred to as OSHA Inspectors, are instructed to identify employers that utilize temporary workers and “assess whether temporary workers received required training in a language and vocabulary they could understand.”

Additionally, OSHA has begun working with the American Staffing Association (ASA), the largest trade association representing the U.S. staffing industry, in order to better promote best practices and provide education to both staffing agencies and host employees on OSHA requirements and employee training.

For more information on the OSHA Initiative, please visit (LINK: osha.gov)

For more information on the American Staffing Associating, please visit (LINK: americanstaffing.net)

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com.

Visit the The Reserves Network’s website at www.TRNstaffing.com.

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OSHA and the Affordable Healthcare Act (TRN Update)

Affordable Healthcare Act, OSHA, Healthcare, Healthcare 2013, TRN Staffing, The Reserves Network

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

With the Affordable Healthcare Act (ACA) coming into focus as provisions of the act start to become law, the Occupational Safety and Health Administration has published an interim final rule in the Federal Register that governs whistleblower complaints filed under Section 1558 of the Affordable Care Act.

Title I includes a range of insurance company accountability policies, such as the prohibition of lifetime limits on coverage and exclusions due to pre-existing conditions.  If an employee registers a complaint against their employer for not providing the required provisions that employee cannot be retaliated against.  If an employee feels they have been retaliated against for voicing the complaint, they may file a complaint with OSHA.

The ACA tasks the Department of Labor with conducting investigations and making determinations based on the investigative findings.  Both of these tasks are driven by OSHA.  OSHA’s interim final rule establishes the procedures and time frames for the filing and handling of such complaints – including investigations by OSHA, appeals of OSHA determinations to an administrative law judge for a hearing, review of such decisions by the Administrative Review Board and judicial review of the secretary’s final decision.

The interim final rule can be viewed by (CLICKING HERE – PDF FILE)

Comments, which will be accepted for 60 days, may be submitted electronically via the federal e-rulemaking portal by (CLICKING HERE) or by mail or fax.

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com.

Visit the The Reserves Network’s website at www.TRNstaffing.com.

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OSHA’s Top 10 Violations of Fiscal Year 2012 (TRN Safety Alert)

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

OSHA has released it annual list of the top 10 workplace violations for fiscal year 2012 (October 1, 2011 – September 30, 2012). Annually the list contains mostly the same standards, only switching positions, and this year is no exception. As the political landscape remains static, OSHA will continue to focus on increased planned inspections and higher penalty amounts. OSHA has repeatedly stated that they are an enforcement agency so one can only assume the number of inspections and citations will continue to rise.

With that said, here are OSHA’s Top 10 Most Cited Standards for FY 2012:

1. Fall Protection – General Requirements
Standard 1926.501
Total Violations: 7,250

2. Hazard Communication
Standard 1910.1200
Total Violations:  4,696

3. Scaffolding – General Requirements
Standard 1926.451
Total Violations:  3,814

4. Respiratory Protection
Standard 1910.134
Total Violations:  2,371

5. Ladders
Standard 1926.1053
Total Violations:  2,310

6. Machine Guarding – General Requirements
Standard 1910.212
Total Violations:  2,097

7. Powered Industrial Trucks
Standard 1910.178
Total Violations:  1,993

8. Electrical – Wiring Methods
Standard 1910.305
Total Violations:  1,744

9. Lockout/Tagout
Standard 1910.147
Total Violations:  1,572

10. Electrical – General Requirements
Standard 1910.303
Total Violations:  1,332

For more information, visit the National Safety Council website by (Clicking Here!)

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@trnstaffing.com.

Visit the The Reserves Network’s website at www.TRNstaffing.com.

*Join us on these Networks for a wide variety of HR Tips and Trends, Industry Articles, Best Practices, Safety Management, OSHA Alerts, Legal Topics, Blogs, News Releases, Videos and more…

Random Inspections Improve Safety (TRN Safety Alert)

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

A new article released by Science Now outlines how a study, conducted by Michael Toffel, an environmental management expert at Harvard Business School, shows that random health and safety inspections improve workplace safety.  The study, based in California, looked for workplaces that had been inspected between 1996 and 2006.  After identifying those companies, the researchers looked for companies that were similar to the ones that had been inspected, but they themselves had not been inspected.  The researchers identified 409 pairs.

In order to identify injury rates, the researchers used workers compensation data from four years before the inspection and four years after the inspection.  They used the same range of workers compensation data from the matching companies that had not been inspected and compared.

Toffel and his team saw that companies that had been part of a random inspection saw their workplace injuries decline by approximately 9% in the 4 years following the inspection.  In addition to the reduction in injuries, the researchers also reported a 26% decrease in the cost of injuries, which included both medical treatment and lost days.

For more information, the full article from Science Now can be viewed by: (Clicking Here!)

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@trnstaffing.com.

OSHA Issues FactSheet for Cranes and Derricks Final Rule (TRN Safety Alert)

From Cliff Gerbick, ASP (The Reserves Network Director of Safety)

The Occupational Safety and Health Administration (OSHA) has released a FactSheet to help employers understand the recently released final rule for the safe operation of Cranes and Derricks. The new standard was released in 2010 and it updated a severely outdated standard that had not been changed since its initial issuance in 1971. OSHA estimates that the new standard will prevent 22 fatalities and 175 non-fatal injuries in the workplace.

The FactSheet provides quick reference to the changes in the standard and outlines the requirements that employees need to take to ensure compliance with all aspects of the standard.

For more information regarding the Cranes and Derricks Standard: (Click Here!)

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@trnstaffing.com.