OSHA Clarifying Per-Employee Duty in Standards

OSHA today published changes it will make, pending comments submitted no later than Sept. 18, in its standards to explicitly state they apply on a per-employee basis. The changes are being made in some specific respirator and training requirements and do not reflect a new position for OSHA; they respond to Occupational Safety and Health Review Commission decisions that upheld or rejected per-employee citations and penalties, depending on the precise wording of the standard in question. Comments and requests for a hearing may be submitted via www.regulations.gov. (Cite docket number OSHA-2008-0031 or the regulatory information number 1290-AA23.)

"The agency intends the proposed new language to clearly convey that the respirator provisions in all OSHA standards impose a duty to provide an appropriate respirator to each individual employee that requires respiratory protection," today's proposal states. "The failure to provide an appropriate respirator to each such employee may expose the employer to per-employee citations."

OSHA said its Advisory Committee on Construction Safety and Health supports the changes proposed for the construction standards: 1926.1101(k)(9)(i) will state, "[t]he employer shall train each employee who is likely to be exposed in excess of a PEL, and each employee who performs Class I through IV asbestos operations, in accordance with the requirements of this section" instead of the current language, "institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through IV asbestos operations, and shall ensure their participation in the program." which OSHRC decided was not sufficiently explicit on employers' duty to train each employee.

Today's proposal (http://edocket.access.gpo.gov/2008/E8-18991.htm) discusses several key cases in the history of per-employee citation, such as the Ho decision, a case that involved 11 untrained workers directed to remove asbestos without respiratory protection from a Houston building undergoing demolition. OSHRC vacated all but one of the respiratory and one of the training violations, holding that "the plain language of the standard addresses employees in the aggregate, not individually." This was affirmed, although on different grounds, by the 5th U.S. Circuit Court of Appeals. Also discussed is Secretary of Labor v. Manganas Painting Co., (Rev. Comm'n 2007), where OSHRC found the initial respiratory protection paragraph of the 1993 construction lead standard (1926.62(f)(1)) authorizes per-employee citations.

Product Showcase

  • Full Line of Defense Against Combustible Dust Nilfisk

    Nilfisk provides a comprehensive range of industrial vacuums meticulously crafted to adhere to NFPA 652 housekeeping standards, essential for gathering combustible dust in Class I, Group D, and Class II, Groups E, F & G environments or non-classified settings. Our pneumatic vacuums are meticulously engineered to fulfill safety criteria for deployment in hazardous surroundings. Leveraging advanced filtration technology, Nilfisk ensures the secure capture of combustible materials scattered throughout your facility, ranging from fuels, solvents, and metal dust to flour, sugar, and pharmaceutical powders. Read More

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

  • Matrix's OmniPro Vision AI Collision Avoidance System

    OmniPro Vision AI is a state-of-the-art collision avoidance system that features NIOSH award-winning Visual Artificial Intelligence (AI) technology. This highly accurate, powerful system identifies and alerts on pedestrians, vehicles and specified objects, ensuring safer facilities, mining operations and industrial sites. With its web-based cloud application, OmniPro Vision AI also logs and analyzes a wide range of data related to zone breach notifications. Operating without needing personal wearable devices or tags, OmniPro has visual and audible zone breach alerts for both operators and pedestrians. Read More

Featured

Artificial Intelligence

Webinars