It is with great pleasure we announce that PennFleet Corporation has received state certification through the Pennsylvania Department of Labor and Industry for establishing a Workplace Safety Committee that meets the required criteria set forth by the state. ACS assisted PennFleet in establishing and training their Safety Committee, which operates to identify and address safety concerns at both its Conshohocken locations and reviews workplace accidents.
Recently, the New Jersey Department of Health (NJDOH) has announced a new online system for public employers to submit their annual Right to Know (RTK) Survey by February 15, 2015.
If you click on the link “instructions for completing the survey” you get the “simple easy to follow guide” of 39 pages!!!
It makes for many headaches.
There are several new requirements that will make this new filing difficult, such as:
· All information must be manually entered into the state database, including all chemical and codes, etc.
· You must now provide the manufacturer of the substance. This means you have to get the MSDS, (Material Safety Data Sheet), as newly formatted by the state, for every product or compound for each area. Many entities probably do not have them, or know if they are the “current” MSDS or an earlier one.
· You can only list the ingredients from each product that are on the chemical list provided by the state, (if you have the substance or the minimum threshold amount). For example, a product may have 5 ingredients and only 3 need to be listed. The other 2 cannot be listed. Another manufacturer of the same product may have 6 ingredients and 4 need to be filed.
Note: We have a massive MSDS database, built over 24 + years, that maps the chemicals and all the applicable codes for each ingredient in the product for each Manufacturer!
Before you begin to tackle the filing of the RTK survey, you must identify one person to be the Official RTK Coordinator (if you haven’t done so already). Then the Official RTK Coordinator must register online and provide their contact information. The deadline for registration is right around the corner—September 15, 2014!
Since our company has worked with these filings for over 24 years, we are in the perfect position to help eliminate the stress and can provide the internal resources to comply with this new system.
Get started today!
OSHA is in the process of updating standards to incorporate the latest versions of national consensus and industry standards such as American National Standards Institute (ANSI) standards. These updates include updating or removing national consensus and industry standards cited in existing OSHA standards, updating the text of standards that OSHA adopted directly from previous national consensus standards, and replacing specific references to previous national consensus and industry standards with performance requirements.
Click on the “Safety Alert” below for more detailed information:
OSHA revised the Hazard Communication Standard in March of 2012 to align with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The program has a “phased in implementation” through the middle of 2016 and is very high on OSHA’s priority list for compliance, but the first critical deadline is for all employees to be trained by December 1st of 2013.
- Access to live ACS professional staff for related questions. All questions will be compiled, answered, and distributed to participating companies after the Webinar.
- Training record and certification for all employees that participate, available through our web based record keeping system.
For additional information and pricing, see the links below:
Did you know that you must document your efforts to comply with OSHA regulations? Various regulations specify requirements for collecting, keeping, and providing certain types of occupational health and safety information and records.
Documentation of your safety compliance efforts should include (but is not limited to):
- Safety orientations/training records
- Safety meetings minutes
- Written safety policies and procedures
- Hazard identification and corrective
- Equipment maintenance and inspection records
- Employee medical and exposure records
- Incident report
- Injury and illness records
- Accident/Incident investigations reports
- OSHA citations and abatement actions
You must retain safety records for a specific amount of time.
Retention requirements generally range from 1 to 5 years. Check the specific regulations that apply to your industry, but as a best practice, retain safety and training records for 5 years. Note that some regulations have separate retention requirements. For example, employee medical records, including material safety data sheets (MSDS), must be kept for the length of employment plus 30 years.
Safety Records Management System
Organizing your safety records can be a daunting task. A well-organized safety records management system will be a workable filing system, whether electronic or otherwise, that can save time, effort, and money in the future. To create a workable records management system, determine if it will be an electronic or a traditional hard copy system. Then, decide the main categories for your filing system followed by sub-categories. Sub-categories may be further divided, e.g., by year, as needed. Create file folders (electronic or hard copy) for each category and sub-category. Using an electronic filing system, the sub-categories are nested under the main category folder. For example, for the main category of “Employee Training” as listed above, would have sub-categories that may include “New Hire Safety Orientation”, “Jobsite Project Induction”, “Respiratory Protection”, “Fire Safety & Extinguisher Use” etc.
You must provide employees access to safety records.
Employees have a right to information and records about hazardous chemicals in the workplace (MSDS), hazard exposure monitoring, and their own safety, personnel, and medical records. You must provide employees access to safety records within a reasonable timeframe (usually 7 days) and must notify employees when monitoring indicates that they have been exposed to a hazard. Employees also have the responsibility to report all workplace hazards, illnesses, injuries, accidents, and near misses so they can be evaluated and prevented in the future.
You must track and report workplace injuries and illnesses.
There are two exceptions to these recordkeeping requirements: If you have ten or fewer employees, you are not required to keep these records unless you are asked in writing to do so by OSHA or the Bureau of Labor Statistics (BLS). Similarly, if you operate in a low-hazard industry, you have to keep these records only if OSHA or the BLS asks you specifically to do so. (Click herefor Non-Mandatory Appendix A to Subpart B – Partially Exempt Industries.)
The regulations provide two forms for recording this information, OSHA Forms 300 (the Log of Work-Related Injuries and Illnesses) and 300A (the Summary of Work-Related Injuries and Illnesses). In addition, you must maintain a supplementary record for each recordable injury or illness on Form 301 (Injury and Illness Incident Report), or an equivalent form. Some state workers’ compensation, insurance, or other reports may be acceptable substitutes. To be considered an equivalent form, any substitute must contain all the information asked for on this form.
Click here for Regulatory Detail – 29 CFR 1904 Subpart B Injury and Illness Recording and Reporting.
What injuries/illnesses must be recorded on the OSHA 300 Log?
All new cases of work-related injuries and illnesses must be recorded on the OSHA 300 Log that involve:
- Restricted work or transfer to another job.
- Days away from work.
- Medical treatment beyond first aid.
- Loss of consciousness.
- A significant injury or illness that has been diagnosed by a physician or other licensed health care professional.
You must enter each recordable injury and illness on the OSHA 300 Log and 301 Incident Report within seven calendar day of receiving information that a recordable injury or illness has occurred.
What is the 300A summary?
Form 300A is intended to summarize the employer’s yearly totals for illnesses and injuries and is taken from the information recorded on the OSHA 300 Log. Specifically, it requires that you calculate the total number of cases with days away from work, cases with job transfers or restrictions, any other recordable cases, and deaths. In addition, you must identify the total number of days of job restrictions or transfers and days away from work. Finally, you must report what types of injuries and illnesses you experienced, including the total number of injuries, skin disorders, respiratory conditions, poisonings, and all other illnesses.
Where and when do we post the 300A summary?
You must post the annual summary no later than February 1 each year, and it must remain posted until April 30. You must post a copy of your annual 300A summary in each establishment in a conspicuous place or places where notices to employees are customarily posted, such as in employee break areas or locker rooms. You also must ensure that the posted annual summary is not altered, defaced or covered by other material. In addition, an executive must certify that the OSHA 300 Log has been examined and that the annual summary is believed to be correct and complete. The certifying executive can be either the owner or an officer of the organization, the highest ranking executive at the establishment, or the supervisor of that highest-ranking executive.
All injury reports must be maintained for at least 5 years, plus the current year’s report. (Five years is the minimum retention time.)
You must report fatalities and serious injuries to OSHA.
You must report to OSHA all work-related fatalities within 8 hours, and any work-related hospitalization, amputation, and loss of an eye within 24 hours. This requirement is for all employers — even those in Partially Exempt Industries mentioned above.
Employers have 3 options for reporting the event by:
- Calling, or visiting, the nearest area office during normal business hours;
- Calling OSHA’s free and confidential number at 800-321-OSHA (6742); or
- Using the new online form, which will soon be available on osha.gov/report_online.
Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Inpatient hospitalization, amputation, or loss of an eye must be reported to OSHA only if they occur within 24 hours of the work-related incident. Previously, work-related fatalities and hospitalization of three or more employees required reporting.
For a detailed discussion of OSHA’s recordkeeping requirements, click here to refer to the OSHA Recordkeeping Handbook.
You must post certain information in the workplace.
Many of the employment laws administered by the U.S. Department of Labor (DOL) require you to post notices in the workplace (see table below). The Department provides electronic copies of the required posters and some of the posters are available in languages other than English.
States and local governments may also have posting requirements. You should contact the appropriate state or local agency if you need additional state-specific information.
In addition, you must post any current citations that OSHA officers have issued to you, and any petitions that you have filed with OSHA for modification or abatement.
As mentioned above, if you are covered by OSHA’s recordkeeping requirements described above, you must post an annual summary of occupational illnesses and injuries.
Click here for Regulatory Detail – 29 CFR §1903.2 Posting of notice; availability of the Act, regulations and applicable standards
Federal Posting Requirements
Click here for a summary of Federal posting requirements.
JACKSONVILLE, Fla. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Bacardi Bottling Corp. with 12 alleged safety violations following the death of a 21-year-old temporary worker his first day on the job. Lawrence Daquan “Day” Davis was crushed to death by a palletizer machine at the Jacksonville facility in August 2012. The company uses Remedy Intelligent Staffing as a temporary staffing service to provide laborers for certain types of jobs.
Click the link to learn more on the OSHA website!
From the OSHA:
US Labor Department obtains judgment ordering Maine dentist to pay
$72,000 to two former employees who raised workplace health concerns
Employer allegedly violated anti-retaliation provisions of Occupational Safety and Health Act
Click the link to learn more at the OSHA website:
How to Improve Your Chances of Winning Bids
In these tough economic times winning new contract work is vital. A company is no longer awarded a bid solely based on reputation or price. Bids are being awarded to companies based on an “aggregate” or “composite” evaluation that includes numerous details about safety programs, illness and injury rates, employee safety training, and supplying proof that claimed efforts have been done. Often the rationale for choosing one vendor over another can hinge on the safety program and documented safety efforts a company takes. The rationale for this approach is driven by insurance requirements and liability exposure that the General Contractor (“G/C”) and property owner have. For example if a subcontractor’s worker is injured or killed on the job, the G/C can face fines, penalties, and criminal charges. In some instances insurance coverage may not apply and the G/C is forced to defend itself or pay a substantial claim with its own resources.
To avoid such situations, many G/Cs now require subcontractors to verify their safety program efforts and submit historical information that includes details about a company’s safety program and specifics about prior years. In addition G/Cs check to make sure that subcontractors are implementing and maintaining compliance programs. Recently, ACS was contacted by an electrical subcontractor who was told his eight man crew would be prohibited from working if they did not produce the OSHA required Site Specific Safety Plan within three days. ACS was able to get his information and send him the required plan enabling his crew to continue working. This is not an isolated example nor should it be looked at as an “over the top” situation or request. Situations such as this happen because the G/C managing the project has a number of responsibilities and needs to continually check to verify that all subcontractors and their workers are complying with site safety rules and regulations.
A list of frequently required information for contractor evaluation includes the following taken from a major general contractor questionnaire (Note! This information is required prior to bidding in order to qualify a company to bid):
- Workers’ Compensation Interstate/Intrastate Experience Modification Rate for the most recent three years. (Attach a copy of your insurance carrier or state fund (on their letterhead) verifying EMR data.
- Copies of most recent three years OSHA 300/200 Logs
- Employee hours worked past three years
- OSHA Reportable Incidence Rate past three years
- OSHA Lost Workday Incidence Rate past three years
- How many OSHA violations has your company received during the past three years?
- Any willful violations? If so please describe.
- Any employee deaths? If so describe.
- Does this person do daily inspections on all of your projects? If not daily what is the frequency of safety inspections?
- Do you have and provide copies of written
- Company Safety Policy
- Company Safety Program
- Site Specific Safety Program
- Safety Plans for Hazard Communication, PPE, Respiratory Protection, etc.
- Does your company have and if so please provide a substance abuse policy?
- Does your company have a return to work program?
- Do you require and maintain records of safety meetings for your employees? Please provide.
- Please provide the names of employees working (or potentially working) on this project, the safety training courses they have completed, and proof of training.
- Do you have home office representatives (not directly involved with the project) who will visit and audit the project for safety?
- Does your company have annual safety goals?
- Does your company have a program for recognizing and rewarding employees for safety excellence?
- Do you have a disciplinary program in place for safety violations?
- Does your company have an accident/incident investigation program
- List all employees who have completed OSHA Construction 10 hour training. Include proof of training
- List all supervisors who have completed OSHA Construction 30 hour training. Include proof of training.
- List all employees that meet the OSHA Competent person requirement including criteria/experience/training they have.
While the requirements listed above may seem like an insurmountable task, there are ways to simplify and organize the information. For example, ACS provides outsourced services to review your safety efforts and then develops the required portions that you lack. This includes written plans, training of employees, OSHA 300Logs, OSHA Construction 10 & 30 hour programs etc. Best of all ACS can put all of this information in an electronic file drawer that you can access or send information to others from. ACS provides online as well as on site solutions that are crafted to fit your needs. ACS does the work of developing and maintaining your program and records so you can save administrative costs and compliance headaches. This frees you up to more effectively manage and grow your business.
To learn more or discuss a concern you have call Tel: 610.755.0728 or 800.55.HELPS or email ACS.