New PITS and Confined Space
Powered Industrial Truck Operator Training
The final rule was published on 12/1/98,
and the standard covers all employers. Employers have
been given one year to comply, but before you know it
that year will be up. We recommend that you don't wait.
Instead, set a date by which you will implement the
standard and work to meet that date.
Thanks to the OSHA Training Institute,
we have assembled a PITS Starter Kit. This material
is included as an e-mail attachment (or in a few cases
will be sent as a separate e-mail message). It contains
Highlights of the standard
Text of the standard
Questions and Answers
Operator Training Outline
Sample Operator Test (test is courtesy
of State of Michigan OSHA)
The Aurora office would like to partner
with local associations or other groups to conduct seminars
on this new standard. If interested, please call or
Revisions to the 1910 Permit-Required
Confined Space Entry standard were published in the
Federal Register December 1, 1998. The effective date
is 2/1/99. The full text of the revision is available
on OSHA's website. Here is a brief summary of the changes:
* make determinations on use of (c)(5)
alternate procedures available to employee representative
* employee/employee rep allowed to observe
pre-entry atmospheric testing
* employee/employee representative allowed
to observe periodic atmospheric testing
* certification that space is safe for
entry made available to employee rep
* certification that all hazards in a
space eliminated/reclassified to nonpermit available
to employee rep
* provision for authorized entrants or
their employee rep to observe monitoring/testing of
permit spaces, including pre-entry and subsequent testing
* on request of entrant or employee rep,
re-evaluate the space in their presence
* immediately provide results of any
testing to entrant or their employee rep
* completed permit available to employee
Much of paragraph (k) Rescue and Emergency
Services paragraph has been revised.
* evaluate prospective rescuer's ability
to respond timely
*evaluate prospective rescuer's ability
to respond proficiently
*select prospective rescuer based on
timeliness and proficiency
* rescue service is informed of hazards
and has access to site to practice
* in house rescue teams have protective
equipment and PPE training, entrant and rescue training,
first aid and CPR training with at least one member
having current certification, rescue practice/simulation
at least every 12 months
* besides attachment point on back or
above head, entrants can have retrieval line attached
at another point which presents a profile small enough
for removal of entrant.
This is a new paragraph requiring consultation
with employees and authorized representatives on development
and implementation of the permit space program
* all information required to be developed
by the standard is to be made available to affected
employees and their representatives.
Nonmandatory Appendix F - Rescue Team
or Rescue Service Criteria
Cooperative Compliance Program
The suit against the CCP was heard on
12/3/98, with a court decision expected by Spring 1999.
The following is local speculation and
does not represent official agency thought or
Whichever way the CCP court decision
goes, we do not expect any change in OSHA's current
program mix at least until Fall 1999. Presumably, it
will take time for any of the following possible outcomes
(a) either party to appeal the decision, (b) OSHA to
revise the existing program in conformance with the
court's decision, (c) OSHA to make any other changes
it believes are necessary, and/or (d) OSHA to incorporate
the latest data survey into the program, notify affected
employers, and start the process once again.
This inspection scheduling plan is the
alternate inspection targeting system to the Cooperative
Compliance Program. The companies on this inspection
list have 1996 lost work day injury/illness rates above
the national average for their industry type. There
is no partnership component under the ITP, and OSHA
began wall-to-wall comprehensive safety and health inspections
on April 13, 1998. The Aurora office has initiated inspections
at 39 of these companies, including three of the four
largest employers in our northwestern Illinois territory.
One consistent issue has been employer
recordkeeping. Employers have not included all hours
worked, falsely inflating their LWDII rate. Temporary
employee hours and salaried employee's overtime hours
have not been included in company data. For example,
one die caster we visited included temporary employee
injuries in the information submitted to the OSHA data
survey, but did not include at least 15,000 temporary
employee hours. When recalculated, their rate was below
the die caster industry LWDII rate. Please note that
despite their lower LWDII rate, company executives remained
convinced of the benefits of a good safety and health
program and pledged to continue to work on their program.
Worksites have now had about one year
since the original CCP letter. We have observed that
proactive companies have done a good job and have received
few citations. This is what OSHA had envisioned when
the CCP was originally developed. A few firms have done
little, apparently figuring we would never find the
time to visit them. Some of these firms had many problems
and received large citations.
The Aurora OSHA office received six carbon
monoxide exposure complaints in mid-November. The contaminant
source is almost always forklift exhaust, so please
check forklift exhaust emissions for CO. Many mechanics
tune engines by ear, which may lead to high carbon monoxide
One technique OSHA uses during an inspection
is to test forklift exhaust gases. Per ACGIH ventilation
manual guidelines, CO concentration in exhaust gases
should be limited to 2% for gasoline powered lifts and
1% for propane lifts.
We often find 5% CO, which is equal to
50,000 PPM carbon monoxide coming out of the tailpipe.
At that carbon monoxide level and with all the doors
and windows shut, it doesn't take long for the general
room concentration to exceed OSHA's 50 PPM CO limit.
When everyone in the shop complains of a splitting headache,
has very little energy on a daily basis, goes to bed
right when they arrive home and does not get up until
the following day to start the cycle over again, you
can bet that there are excessive carbon monoxide levels.
The new recordkeeping standard is back
on track for publication in the first half of calendar
year 1999, with an effective date of 1/1/2000.
Silicosis Emphasis Program
This emphasis program focuses on eliminating
employee exposures to silica dust in both construction
and general industry. In industry, maintenance can be
the difference between low dust levels and silica dust
In a recent Interim Targeting Program
inspection of a copper foundry which used sand casting
methods, the company had done a good job of controlling
silica dust. All jobs were within the Permissible Exposure
Limit for respirable silica dust with the exception
of a glove box abrasive blasting operation used to clean
dies. The glove box was the last place to expect high
silica dust levels due to the glove box enclosure, local
exhaust ventilation, and use of garnet abrasive (a low/nonsilica
substitute). However, the glove box ventilation pipe
was blocked by a pile of abrasive grit causing dust
leakage out of the glove box, and 4.7% quartz silica
was present in the abrasive. The OSHA lab advised us
that since garnet is a mined substance, silica may sometimes
be present in the strata (the OSHA lab has seen high
silica levels from garnet in the past). Maintenance
of the blast cabinet would have prevented the dust exposure.
Lead in General
OSHA's Special Emphasis Program for Lead
in Construction is being rewritten to include general
industry. It is expected to require the development
of general industry lead user lists for outreach and
Amputations are still occurring on machines
and in particular mechanical power presses. For example,
a machine operator lost three fingers when a hinged
section of a guard was lifted to clear a die area. When
guards are used to protect the point of operation they
must prevent entry over, around, or through the guard.
The guard must use fasteners not readily removable.
Many of our power press citations were for guards not
protecting the sides and/or backs of machines, and for
guards not secured properly.
OSHA assumed full enforcement jurisdiction
over the U.S. Postal Service and its 890,000 employees
on 10/1/98. In the past, we made inspections and issued
notices without penalties. From this time forward we
will issue citations and penalties in the same manner
as the private sector.
Whistleblowers are protected under the
OSHA Act, and employees making safety/health complaints
to company management, complaints to OSHA, participating
on an OSHA inspection, and other activities have legal
recourse from retribution. Employees who are fired,
demoted, reassigned, or otherwise discriminated against
may file a discrimination complaint with OSHA. Most
offices in Region 5 have a full time whistleblower investigator.
The OSHA whistleblower investigators
cover more than just the OSHA statute, as OSHA has been
given authority to cover whistleblower provisions for
DOT, EPA, and the NRC (Nuclear Regulatory Commission).
These statutes include the Surface Transportation Assistance
Act (truck safety and driving hours), AHERA (asbestos
in schools), International Safe Container Act (shipping
containers), Safe Drinking Water Act, Clean Water Act,
Toxic Substances Control Act, Solid Waste Disposal Act,
Clean Air Act, CERCLA, and the Energy Reorganization
Act (nuclear power plants).
A note for equipment and processes that
utilize microprocessors: The millenium is just around
the corner. All systems should be checked for Y2K compliance.
For those processes covered by the PSM standard, this
should be an element for new hazard analyses and for
any validations of existing PHAs.
New Respirator Standard Questions
Q. I hear that there has been a delay
in enforcing the respirator standard. Is this true?
A. No, there is no delay in enforcing
the standard. The effective date of the standard was
10/5/98, and the standard is fully in effect. However,
due to a request from small business, a 10/13/98 memo
instructed field staff in an interim enforcement policy
Under this policy, for new standard requirements
in which there is no corresponding old respirator standard
requirements, an unclassified violation with no penalty
will be issued. If the employer is not in compliance
with the old standard, citations/penalties will be issued
under new standard provisions.
Q. Who is licensed in Illinois to perform
respirator medical determinations?
A. This answer is for Illinois businesses
only. According to our inquiry of the Illinois Department
of Professional Regulation, there are three job classifications
qualified to perform the medical evaluation under the
new respirator standard in Illinois. These health care
professionals include Physicians, Physician's Assistants,
and Nurse Practitioners. While others may administer
the questionnaire, we have been told that these three
are the only jobs permitted to make the determination/diagnosis.
Q. If we give respirator users a physical
exam, do we need to have them complete the medical questionnaire?
A. No, the questionnaire does not need
to be completed as long as the medical exam covers the
items in the questionnaire.
Q. A full face respirator will be used
by the employee exposed to 15 times the permissible
exposure limit (PER). Is qualitative fit testing acceptable
for this full face respirator use?
A. No. The use of qualitative fit testing
has not been scientifically verified for the higher
fit factor of the full face respirator. Quantitative
fit testing of full face respirators is required when
they are worn in atmospheres above 10 times the PER.
For additional information on fit testing, see the table
in the respirator directive (the same table is in the
Small Entity Compliance Guide).
Q. What requirements are there for voluntary
use of dust masks (filtering facepieces)?
A. Employees voluntarily using filtering
facepiece dust masks must be given a copy of Appendix
D of the 1910.134 standard. In addition, the employer
must ensure that the use of the mask does not create
a hazard (the main hazard being keeping the employee
from wearing masks thrown on the floor or otherwise
contaminated which causes dermatitis on the employee's
face). A written program and medical exam are not required
for voluntary use of filtering facepiece/dust masks.
Q. The new standard requires filter change
schedules for gas and organic vapor cartridges. Where
do I get information on determining how often to change
A. The respirator manufacturer is the
best source; check with your supplier. Some of the major
manufacturers have programs to assist you in calculating
how long a filter should be worn before being changed.
Look for the safety and health pages of both www.mmm.com
(3M) and www.msanet.com (MSA). North has a printed service
life estimation table for simple estimations and has
a CD to assist you in making calculations.
The OSHA Salt Lake Technical Center has
put some draft information to help get you started on
cartridge life calculations on the OSHA web site (www.osha-slc.gov/SLTC
and click on the Respiratory Protection Technical Advisor).
This site also includes a section on selecting appropriate
Warehouse fall - Employee using elevating
forklift to do inventory fell from 20 foot high storage
rack and was found on the floor at the end of the shift.
He died of the fall injuries a week later.
Drowning - Employee loading a grain barge
tripped and fell into the Illinois River. A second employee
tried to grab him but could not locate him. The deceased
employee was not wearing a personal flotation device.
Drowning - Laborer dismantling a tug
boat fell into the water and drowned.
Drowning - Employee lost footing while
releasing stern lines of a vessel, and he fell into
the water. Deceased was not wearing a flotation device.
Serviceman fall - Air conditioner serviceman
fell through a plastic skylight cover 20 feet to his
Run over - Dump truck operator exited
the truck to secure a valve while the truck was still
moving. As the operator stood on the truck gas tank
he slipped off, and was run over by the wheels.
Emergency Response at Freight Shippers
Over the past year we have investigated
cases involving chemical spills and leaks at freight
shippers. These companies usually have no exposure to
chemicals because the packages are sealed, but when
containers break there can be real problems if there
is no plan to handle the spill.
For example, last year a forklift broke
open a bag of powdered material in a freight forwarding
facility. There was no determination of what the material
was, and the most junior employee was assigned to sweep
and clean up the mess. This powder was spread all over
the facility, and after the cleanup employee finished
he was covered with powder from head to toe. Only after
the cleanup took place did the company figure out that
the material was a lead powder. By then the plant was
contaminated and the employee was exposed to prodigious
amounts of lead.
In an August 1998 case, an air freight
shipper had a cylinder fall and start leaking. The employee
worked to upright the cylinder, and then went to the
office to report the hissing cylinder. The supervisor
immediately called an ambulance because the employees
lips had turned blue. The supervisor then looked up
the shipment papers (it was a nitrogen cylinder), called
the fire department, and evacuated the plant.
Point 1: Figure out what you have before
you try to clean it up. There's a big difference between
a spill of shampoo and a spill of a toxic material such
as lead. Even "nontoxic" materials such as nitrogen
can present an asphyxiant hazard due to oxygen displacement.
Point 2: Evaluate the spill/leak only
if you have the expertise. In addition to a written
plan, you will need training, air sampling instruments,
and protective gear. For OSHA requirements, see the
emergency response standard 1910.120(q)(1).
Point 3: Sometimes the best action is
to evacuate the area per a 1910.38(a) emergency action
plan, then call in an outside expert to evaluate and
clean up the spill. The company with the lead spill
wished they had done this. It would have cost money
up front, but would have protected employees and saved
much more money later on.
State Consultation 10 Hour Course
The Illinois Department of Commerce and
Community Affairs/On-Site Consultation Service has a
good deal for you! They are now offering an OSHA 10
hour course for $25. These courses are held four times
a year, with the next course scheduled for February.
Please contact the Chicago office at 312-814-2337 for
Sauk Valley Safety Day
The Aurora office is holding an industrial
safety and health seminar at Sauk Valley Community College
in Dixon, IL on March 24, 1999. Our target audience
is small business, and 25 different topics will be covered.
This meeting will feature speakers from OSHA, state
consultation, OSHA Training Institute, and private consultation
practice. Our 1998 conference at Waubonsee Community
College was a sell out with 400 participants, and many
turned away due to space limitations. Cost is $15 per
person which includes refreshments and lunch.
We will mailing the course matrix by
early February. If interested in receiving this mailing,
please call us at 630-896-8700 or e-mail firstname.lastname@example.org.
Registration and fees will be handled by Sauk Valley
Modern Metals Power Press Seminar
Part of a recent power press citation
case settlement required the employer to set up a power
press seminar for other employers in the Rockford, Illinois
area. Modern Metals has tentatively scheduled this seminar
for March 2, 1999. Presenters will include Modern Metals
management representatives, George Yoksas (OSHA), consultant
Dave Malter, attorney Mark Lies, state consultant Rita
Mosley, and others. Admission fee will be $25. Let us
know if you are interested in attending.
Construction Safety Conference
The Construction Safety Council is hosting
it's 9th annual conference on 2/10-12/99 in Rosemont,
Illinois. In our opinion this is the biggest and best
construction safety and health conference in the nation,
and construction representatives from all over the country
attend this conference. This year the event is moving
into expanded facilities at the Rosemont Convention
Center. Call the CSC at (800) 552-7744 for more information.
Is there ever a good time for an OSHA
inspection? How about this one: The safety director
for a large manufacturing plant was on vacation when
two of our inspectors arrived to begin a complaint inspection
and wall-to-wall Interim Targeting Program inspection.
Plant staff hunted the safety director down, locating
him at the doctor's office. He was given the telephone
report of OSHA inspector presence as he was lying down,
hooked up with the leads for an EKG. The doctor indicated
there was only a slight spike in the EKG when the safety
director accepted the call!
FREQUENTLY CITED SERIOUS
AURORA AREA OFFICE
FISCAL YEAR 1998
|| hazard communication training
specific lockout procedures
point of operation guarding
hazard communication program
power press inspection record
general duty clause
power transmission guard
Explanation of Aurora Frequently Cited
1. Hazard communication training - Since
hazard communication is covered on every inspection,
this violation is investigated and cited more frequently.
2. General machine guarding - This standard
is used for a variety of machine hazards, including
rotating lathe chucks, unused portions of metal saw
blades, feed rolls, head and tail pulleys on a conveyor,
and reciprocating parts projecting into work areas.
3. Eyewash - Small squirt bottles do
not contain adequate volume of liquid to flush the eyes.
We look for a 15 minute supply of flushing solution
(an ANSI standard requirement). Plumbed eyewashes and
freestanding units having a 15 minute eye flushing supply
are both acceptable.
4. Specific lockout procedures - The
standard requires that lockout procedures specific to
the machine or the type of machine be developed. Many
companies have generic programs but have failed to evaluate
energy source hazards, develop procedures, and communicate
this information to employees.
5. Point of operation guarding - This
is a general standard covering all types of machines.
Hydraulic presses were the machines most observed with
inadequate or no point of operation guarding.
6. Hazard communication program - Deficiencies
are a combination of two things. Employers have lost
programs that they implemented in the 1980s, and a number
of companies we inspected for the first time did not
have a program. This program deficiency appears high
on our list because it is often grouped as a serious
violation with hazcom training or material safety data
7. Power press inspection record - No
press inspection with certification records of the person
conducting inspection, date of inspection, and identifier
of machine inspected.
8. Lockout program - As with hazard communication,
this program is also investigated on each inspection.
9. General Duty Clause - There was no
pattern to general duty clause violations. See section
listing examples of our general duty clause citations
at the end of the newsletter.
10. Power transmission guarding - This
standard concerns guarding of pulleys. There are three
conditions seen: (1) there was no guard at all, (2)
the guard was removed and not reinstalled (and often
the guard is sitting by the machine), and (3) a partial
guard covered one side of the pulley, but not the other
MOST PENALIZED VIOLATIONS
AURORA AREA OFFICE
FISCAL YEAR 1998
Penalty listed is aggregate proposed
penalty for the year.
|| lockout training
general duty clause
hazard commun. training
power press training
pwr press full rev/no single stroke
power press inspection
Comments about the high penalty items:
Lockout, machine guarding, and power
press guarding are the big penalty issues. They accounted
for most of the willful violations issued by the Aurora
Office last year.
Lockout items 1, 3, 5, and 7 totaled
$499K, 36% of the total proposed penalty for the office.
We issued seven willful violations under the 1910.147
standard last fiscal year.
Power press items 8, 9, and 10 accounted
for $167K of the total. Nine 1910.217 willful violations
were issued by Aurora last fiscal year.
1. Lockout training - Authorized and
affected employees were not trained in LOTO procedures.
2. Machine guarding - covered in Frequently
Cited section. One willful violation was issued.
3. Lockout specific procedures - covered
in Frequently Cited section. Written lockout procedures
did not outline the step by step procedure for each
individual machine that may be locked out.
4. General duty clause - There was no
pattern to these. See the following section on general
duty clause violations.
5. Lockout program - covered in Frequently
6. Hazard communication training - covered
in Frequently Cited section
7. Lockout evaluation - Lockout procedure
evaluation is an annual on-the-job evaluation of employees
performing lockout. We have not seen this being done
at too many companies.
8. Power press training - There was one
willful violation issued for lack of power press training.
A guideline for operator training can be found in OSHA
compliance directive CPL 2-1.24.
9. Power press full revolution/no single
stroke - Full revolution press had no single stoke mechanism.
Check this by holding down the actuator of a full revolution
press (foot pedal, buttons, etc.). See if the press
does only one stroke. If the full rev press continues
to operate stroke after stroke while the actuator is
held down, the single stroke mechanism is not working.
10. Power press inspection - Weekly inspection
per standard was not conducted - antirepeat, etc. This
penalty total included one willful.
EXAMPLES OF AURORA FY-1998
GENERAL DUTY CLAUSE VIOLATIONS
Fall protection: Two citations were issued.
One citation was issued for an unsteady makeshift platform
in a pigment plant, and another one for improperly worn
fall protection (lanyard attached to front D-ring of
the harness, instead of attached to the back D-ring)
at a dairy tanker service area.
Pipe threading machine - Machines were
operated without a constant pressure footswitch ("deadman
switch"). We know of two past cases where employees'
clothing got caught on a burr on the end of the rotating
pipe. In one case the employee was working alone, and
after getting caught was rotated/ beat around for eight
hours before someone found him; this employee was so
badly injured he was off work for eight months. The
second case was fatal. Both of these machines used only
a toggle switch, which the entangled employee could
not reach to turn the machine off.
Saw magnetic restart switch - Radial
saw operated without a device to prevent the saw from
restarting after interruption of the power supply. (General
duty clause is only used for saws other than used for
Elevator enclosure - Freight elevator
was not completely enclosed and hands/feet could get
wedged between car and shaft wall.
Tuberculosis - Deficient TB control program
at a drug rehab center.
Hoists - Overhead hoists used to pull
a load sideways. Hoists also pulling a load that was
still secured to the machine.
Boiler maintenance - no boiler maintenance
and operation program (boiler relief valve was venting
steam and no action taken).
Hot caustic - Employees exposed to leaks
and spill of hot caustic from failed process equipment.
About Our Newsletters
OSHA News for Industry is issued twice
a year. Aurora OSHA Construction News is issued approximately
four times a year. Our mission is to give you quality
information you can use, and we try to write as if we
are talking to you about our experiences and information.
The idea is to tell you what OSHA is doing so you know
how to comply, or you know how to advise your clients.
We hope you benefit from this information.
If you have comments, suggestions for
future articles, or questions, please contact:
U.S. Department of Labor - OSHA
344 Smoke Tree Business Park
North Aurora, IL 60542
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