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Top Ten OSHA Violations
and How to Avoid
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Today’s Agenda
What would cause Cal/OSHA to make an
on-site visit?
Federal OSHA’s Top 10 Regulation
Violations
Cal/OSHA’s Top 10 Regulation Violations
Resources and Guidelines for “all industry”
Top 10 Violations and How to Avoid Them
Question and Answer Session
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Objectives
• Provide you with knowledge that you can leverage
with your clients (value add)
• Improve Loss Control Efforts
• Reduce Accidents and Injuries
• Generate Discussion about OSHA Standards –
Applicable to AG and General Industry
• AFIS CEUs
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What would cause Cal/OSHA to
make an on-site visit?
• Employee Complaint
• A Serious Accident or Injury
• High ExMod – High Hazard >125%
• Targeted Sweeps (i.e. Heat Sweep)
• Random Inspection
• Special Emphasis Programs
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Federal OSHA 2013 Top Ten
1. Fall protection (C)
2. Hazard communication
3. Scaffolding (C)
4. Respiratory protection
5. Electrical: wiring C
6. Powered industrial trucks
7. Ladders (C)
8. Lockout/Tagout
9. Electrical: systems design
10. Machine guarding
(C = Construction Standard)
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Federal OSHA – Agriculture Top 10 (13)
Standard #Cited
#Insp
$Penalty
Description
19101200 127
58
21412
Hazard Communication
19100132
86
60
55787
General requirements
19100067
84
78
83914
Vehicle-mounted elevating and rotating work platforms
19100133
63
60
36771
Eye and face protection
19100135
56
49
44784
Head protection
19100095
39
14
18199
Occupational noise exposure
19100134
37
20
14980
Respiratory Protection.
19100266
37
8
31400
Logging operations
19280057
30
14
21109
Guarding farm field equip, farm equip, & cotton gins
19100212
27
27
19177
General requirements for all machines
19100023
26
20
24913
Guarding floor and wall openings and holes
19100147
25
15
24990
The control of hazardous energy (lockout/tagout)
19100219
25
14
13373
Mechanical power-transmission apparatus
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Agriculture as Defined by Cal/OSHA
Agricultural Operations - All operations necessary to farming
in all of its branches, including maintenance of machinery or
other facilities, and the planting, cultivating or growing, keeping
for sale, harvesting, transporting on the farm or to the place of
first processing, any tree, plant, animal, fowl, fish, insect or
products thereof.
Exemptions examples: Federal and Cal/OSHA regulations
exempt Ag Operations from the General Industry regulations
pertaining to powered industrial truck (forklifts) (GISO 3668).
However, the Ag rules still require the operators of equipment
to be adequately trained prior to operation.
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General Ag Guidelines
• IIPP – General Duty Clause – Safe Work
Environment
• A safety process which includes hazard evaluation,
correction of hazards and training is required.
• Communications - Where employees do not
understand English, safety instructions and
warnings shall be presented in a language the
employees understand.
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Cal/OSHA – All Industries Top 10
1. GISO 3203 – Injury and Illness Prevention Program
2. GISO 3395 – Heat Illness Prevention
3. CSO 1509 – Construction Injury & Illness Prevention Pgm.
4. GISO 5194 – Hazard Communication
5. GISO 3314 – Clean, repair, service, adjust prime movers,
machinery & equipment (Lockout/Tagout/Blockout)
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Cal/OSHA – All Industries Top 10 (Cont.)
6. DOSH 342 – Failure to report work-related death or serious
injury
7. GISO 6151 – Portable Fire Extinguishers
8. DOSH 461 – Permit to Operate Air Tanks
9. GISO 5144 – Respiratory Protection Equipment
10. LVESO 2340.16 - Work Space About Electrical Equipment
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Notable Cal/OSHA Regulation
Violations in the Top 25
• GISO 4650 – Compressed Gas and Air Cylinders
• GISO 4070 – Belt and Pulley Drive, Guarding
• LVESO 2340.23 – Guarding Openings in Electrical
Boxes
• LVESO 2500.12 Flexible Electrical Cords and
Cables
• GISO 3668 – Powered Industrial Trucks
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Easy Target Items
• Blocked Electrical Panels
• Unlabeled Secondary Containers
• Unsecured Compressed Gas Cylinders
• Unchecked Fire Extinguishers
• No Shade Up for Work Crews
• Bench/Pedestal Grinders with Missing Deflector
Shields or Tool Rest Misaligned
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Most Appealed Title 8 Standards
Standard
342
3999
4300.1
5189
1670
3314
4075
4002
1529
3650
Description
Reporting Work Fatality or Serious Injury
Prime Movers and Machinery, Conveyors
Table Saws-Manual Feed (Class B)
Process Safety Management of Acutely Hazardous
Materials
Personal Fall Arrest Systems
Cleaning, Repairing, Servicing and Adjusting Prime
Movers, Machinery and Equipment
Gears and Sprockets
Moving Parts of Machinery and Equipment
Asbestos
Industrial Trucks, General Requirements
Total
Violations
504
78
112
Percent
Appealed
78.7
73.1
67.0
142
121
64.1
61.1
616
79
124
132
138
58.6
58.2
56.4
53.8
53.6
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Top 5 Causes of Fatalities in Agriculture
1. Tractor and Farm Equipment
2. Crush or Struck by Moving of Falling Object, and
Caught by Equipment
3. Falls
4. Electrocution
5. Drowning
Heat Illness??? (Heart Attack, Stroke?)
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Top Ten Cal/OSHA Violations for Ag
1. 3203 Injury and Illness Prevention Program
2. 3395 Heat Illness Prevention Program (California)
3. 3314 Lockout/Tagout - Program for training employees
on dealing with energization or start-up of machinery is
required
4. 3440 Ag Equipment - Machine Guarding Gears,
Sprockets, Chains, and PTO Shafts- all require guarding
5. 3441 Operation of Agricultural Equipment - Forklifts,
Industrial Tow Tractors, and Ag Tractors- Drivers or
operators must be trained in operation of this equipment
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Top 10 OSHA Violations for Ag Cont…
6. 5194 Hazard Communication – Chemical and Pesticide
Safety & Training. Global Harmonization System (GHS)
7. 3457 Field Sanitation- Proper drinking water and cups,
toilets and hand washing stations shall be within ¼ mile or
5 minute walk of work site. (water close as practicable)
8. 3439 First Aid Training and Kits- First aid kit at every
work site and trained employee in first aid for every 20
employees are required (includes CPR)
9. 342 Reporting Work Fatalities and Serious Accidents
Within 8 Hours
10. 3640-3641 Guardrails for Elevated Work Areas- Railing
on walkways, balconies, and any work levels 30 inches or
more are required. (Orchard pruning, general maintenance,
Harvesters, rice dryers, silo catwalks, etc)
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1.
GISO 3203 – Injury and Illness
Prevention Program
• Every employer shall establish, implement and maintain an effective
Injury and Illness Prevention Program. The Program shall be in writing
and, shall, at a minimum:
- (1) Identify the person or persons with authority and responsibility
for implementing the Program.
- (2) Include a system for ensuring that employees comply with safe
and healthy work practices.
- (3) Include a system for communicating with employees in a form
readily understandable by all affected employees on matters relating to
occupational safety and health
EXCEPTION: Employers having fewer than 10 employees shall be
permitted to communicate to and instruct employees orally in general safe
work practices with specific instructions with respect to hazards unique to
the employees' job assignments as compliance with subsection (a)(3).
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GISO 3203 – Injury and Illness Prevention Program
Typical Program Flaws
 “Generic Program”
– Does not identify employer, site, or unique hazards
– Eg: “Model” program, blanks not filled in for responsible person,
site address, identifies different employer, etc.
 Written Program is acceptable, but no employee awareness
Remember, CalOSHA will interview employees and always ask
about required programs
– IIPP
– Heat Illness Prevention
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Polling Question
Federal OSHA does not have a requirement for
employers to have a written Injury and Illness
Prevention Program.
True or False?
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Federal OSHA General Duty Clause OSH Act of 1970 (IIPP equivalent)
• (a) Each employer -(1) shall furnish to each of his employees employment
and a place of employment which are free from
recognized hazards that are causing or are likely to cause
death or serious physical harm to his employees;
(2) shall comply with occupational safety and health
standards promulgated under this Act.
29 USC 654(b) Each employee shall comply with
occupational safety and health standards and all rules,
regulations, and orders issued pursuant to this Act which
are applicable to his own actions and conduct.
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IIPP Resources
• Cal/OSHA Consultation
http://www.dir.ca.gov/DOSH/puborder.asp
- IIPP for Intermittent Employees (Ag & nonAg)
- IIPP for High Hazard Employers
- IIPP for Non-High Hazard Employers
- Guide to Developing your Workplace IIPP
• Federal OSHA
http://www.osha.gov/SLTC/etools/safetyhealth
/index.html
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2. GISO 3395 Heat Illness Prevention
• Training
• Access to water (1 quart per hour – close as practicable)
• Provide adequate shade
• Emergency Planning
• An effective plan in writing as a part of the IIPP
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Heat Illness Resources
• Cal/OSHA Consultation
http://www.dir.ca.gov/DOSH/puborder.asp
- Sample Program – Power Points
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3. GISO 5194 Hazard Communication
1) This section requires manufacturers or
importers to assess the hazards of substances
which they produce or import, and all
employers to provide information to their
employees about the hazardous substances
to which they may be exposed, by means of
a hazard communication program, labels
and other forms of warning, material safety
data sheets, and information and training. In
addition, this section requires distributors to
transmit the required information to employers.
Important- NEW Global Harmonization System!
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Hazard Communication Resources
• Cal/OSHA Consultation
http://www.dir.ca.gov/DOSH/puborder.asp
- Sample Program – Power Points
• Your Material Safety Data Sheets
GHS System takes
out the word
“Material”
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4. GISO 3314 – Clean, Repair, Service, Adjust
Prime Movers, Machinery & Equipment
• Applies to the cleaning, repairing, servicing, setting-up and
adjusting of machines and equipment in which the unexpected
energization or start up of the machines or equipment, or
release of stored energy could cause injury to employees.
• Lockout/blockout means that any energy source — whether
electrical, hydraulic, mechanical, compressed air, or any other
source that might cause unexpected movement—must be
disengaged or blocked, and electrical sources must be deenergized and LOCKED or positively sealed in the OFF
position.
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Lockout/Tagout/Blockout Resources
• Cal/OSHA Consultation
http://www.dir.ca.gov/DOSH/puborder.asp
- Sample Program – Power Points
• Federal OSHA
http://www.osha.gov/SLTC/controlhazardouse
nergy/
index.html
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5. DOSH 342 – Failure to Report Work-Related
Death or Serious Injury
• Every employer shall report immediately by telephone
or telegraph to the nearest District Office of the
Division of Occupational Safety and Health any serious
injury or illness, or death, of an employee occurring in a
place of employment or in connection with any
employment.
• Immediately means as soon as practically possible
but not longer than 8 hours after the employer knows
or with diligent inquiry would have known of the death or
serious injury or illness. If the employer can demonstrate
that exigent circumstances exist, the time frame for the
report may be made no longer than 24 hours after the
incident.
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5. DOSH 342 – Failure to Report Work-Related
Death or Serious Injury
"Serious injury or illness" means any injury or illness
occurring in a place of employment or in connection with
any employment which requires inpatient hospitalization
for a period in excess of 24 hours for other than
medical observation or in which an employee suffers a
loss of any member of the body or suffers any serious
degree of permanent disfigurement, but does not include
any injury or illness or death caused by the commission of
a Penal Code violation, except the violation of Section 385
of the Penal Code, or an accident on a public street or
highway.
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Failure to Report Serious Injury
Resources and Guidelines
• Report to Cal/OSHA (Should be done by
Emergency personnel)
• CALL when in doubt
• Educate management staff on this
requirement
• Keep numbers for local offices on-hand (#’s
included on labor law posters)
• Communicate with medical personnel
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6. GISO 6151 – Portable Fire
Extinguishers
• The requirements of this section
apply to the placement, use,
maintenance,
and
testing
of
portable fire extinguishers provided
for the use of employees
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7. CSO 1509 – Construction Injury &
Illness Prevention Program
• (a) Every employer shall establish, implement and maintain an effective
Injury and Illness Prevention Program in accordance with section 3203
of the General Industry Safety Orders.
• (b) Every employer shall adopt a written Code of Safe Practices which
relates to the employer's operations.
• (c) The Code of Safe Practices shall be posted at a conspicuous
location at each job site office or be provided to each supervisory
employee who shall have it readily available.
• (d) Periodic meetings of supervisory employees shall be held under the
direction of management for the discussion of safety problems and
accidents that have occurred.
• (e) Supervisory employees shall conduct "toolbox" or "tailgate" safety
meetings, or equivalent, with their crews at least every 10 working days
to emphasize safety.
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1509 Construction IIPP Resources
These resources are provided on the Cal/OSHA Website:
• Pocket Guide for the Construction Industry
• Cal/OSHA Workplace Injury and Illness Prevention Program with checklists
for self-inspection
• Prevention Model Program for High Hazard Employers
• Prevention Model Program for Non-High Hazard Employers
• Prevention Model Program for Employers with Intermittent Workers
• Prevention Model Program for Employers with Intermittent Workers in
Agriculture
• Workplace Postings
• Tailgate/Toolbox Topics: Setting up a Tailgate/Toolbox Safety Meeting
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8. DOSH 461 – Permit to Operate
Air Tanks
• 7624. The following tanks are not subject to this part:
(a)Tanks under the jurisdiction or inspection of the U.S.
government.
(b) Air pressure tanks used in household domestic services.
(c) Tanks of 1 & 1/2 cubic feet or less which are not subject
to pressure of more than 150 pounds per square inch.
• "Boiler" as used in this part means any fired or unfired
pressure vessel used to generate steam pressure by the
application of heat subject to this part.
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Air Tank Permit Resources
The pressure vessel unit is responsible under Labor Code Sections 7620
et seq. for the inspection of boilers (any fired or unfired pressure vessel used to
generate steam pressure by the application of heat) and tanks (any fired or unfired
pressure vessel used for the storage of air pressure or liquefied petroleum gases).
The pressure vessel unit has two district offices as follows:
• Oakland PV District
Office
1515 Clay Street, Ste.
1302
Oakland, CA 94612
(510) 622-3066
• Anaheim PV District
Office
2100 E. Katella Ave.,
Ste. 145
Anaheim, CA 92806
(714) 939-0434
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9. GISO 5144 – Respiratory Protection
Equipment
•
(1) In the control of those occupational diseases caused by breathing air
contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or
vapors, the primary objective shall be to prevent atmospheric contamination. This
shall be accomplished as far as feasible by accepted engineering control measures
(for example, enclosure or confinement of the operation, general and local
ventilation, and substitution of less toxic materials). When effective engineering
controls are not feasible, or while they are being instituted, appropriate
respirators
shall
be
used
pursuant
to
this
section.
(2) Respirators shall be provided by the employer when such equipment is
necessary to protect the health of the employee. The employer shall provide
the respirators which are applicable and suitable for the purpose intended.
The employer shall be responsible for the establishment and maintenance of
a respiratory protection program
• The individual who uses a tight-fitting respirator is to perform a user seal check to
ensure that an adequate seal is achieved each time the respirator is put on. Either
the positive and negative pressure checks or the respirator manufacturer's
recommended user seal check method shall be used. User seal checks are not
substitutes for qualitative or quantitative fit tests.
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5144 Respiratory Protection Resources
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Polling Question
A “dust mask” with two
straps is not considered
a “respirator.”
True or False?
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Answer
False
Paper masks, sometimes
referred to as “dust
masks” are considered
respirators.
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5144 Respiratory Protection Resources
• Cal/OSHA Consultation
http://www.dir.ca.gov/DOSH/puborder.asp
- Sample Program – Power Points
• Hartford Insurance
www.thehartford.com/losscontrol
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How to Avoid Cal/OSHA Citations
• Use third-party resources to assist and audit
• Take the time to do it right
• Educate employees (OSHA will interview them)
• Educate Managers, Foremen, Supervisors, etc
• Create a safety committee or group
• Develop and Implement and EFFECTIVE IIPP
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Steps to Take When Cal/OSHA Makes
an On-site Visit
What NOT to do:
• Run!
• Lie or exaggerate
• Tell them to go away
What you SHOULD do:
• Be prepared
• Educate others where to find – OSHA logs, Safety
Programs, SDS and Accident Investigation forms
• Be accommodating
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Website Resources
• Federal OSHA Home Page - http://www.osha.gov/
Statistics (including frequent citations) http://www.osha.gov/oshstats/index.html
• Cal/OSHA –
Title 8 regulations http://www.dir.ca.gov/samples/search/query.htm
Publications http://www.dir.ca.gov/DOSH/puborder.asp
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Cal/OSHA Support Line
1-559-454-1410
If you believe your company might be violating a
Cal/OSHA regulation, call and ask!
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Hartford Resources
• Seminars and Webinars
• On Demand Webinars
• Online Training (600 Topics)
• Consultants available for on-site assistance
www.thehartford.com/losscontrol
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Any questions?
Thank you for your participation!
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Disclaimer:
The information provided in these materials is of a general nature, based on certain assumptions. The
content of these materials may omit certain details and cannot be regarded as advice that would be
applicable to all businesses. As such, this information is provided for informational purposes only. Readers
seeking resolution of specific safety, legal or business issues or concerns regarding this topic should consult
their safety consultant, attorney or business advisors. The background presented is not a substitute for a
thorough loss control survey of your business or operations or an analysis of the legality or appropriateness
of your business practices. The information provided should not be considered legal advice.
The Hartford does not warrant that the implementation of any view or recommendation contained herein will:
(i) result in the elimination of any unsafe conditions at your business locations or with respect to your
business operations; or (ii) will be an appropriate legal or business practice. Further, The Hartford does not
warrant that the implementation of any view or recommendation will result in compliance with any health, fire,
or safety standards or codes, or any local, state, or federal ordinance, regulation, statute or law (including,
but not limited to, any nationally recognized life, building or fire safety code or any state or federal privacy or
employment law). The Hartford assumes no responsibility for the control or correction of hazards or legal
compliance with respect to your business practices, and the views and recommendations contained herein
shall not constitute our undertaking, on your behalf or for the benefit of others, to determine or warrant that
your business premises, locations, operations or practices are safe or healthful, or are in compliance with
any law, rule or regulation.
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