OSHA Publishes New Hazard Classification Guidance

The Occupational Safety and Health Administration (OSHA) has published Hazard Classification Guidance for Manufacturers, Importers, and Employers [OSHA 3844-02 2016], a Hazard Communication Standard resource document designed to help chemical manufacturers and importers identify chemical hazards, and classify these hazards so workers and downstream users are informed about and better understand the hazards. The guidance document is also useful to employers who conduct hazard classifications to assure the accuracy and completeness of information provided to them by suppliers.

Understanding the hazards is the critically important first stage in the process of establishing an effective hazard communication program. The process of hazard classification consists of four basic steps:

OSHA Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers

Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers (OSHA 3148-04R 2015) updates OSHA’s 1996 and 2004 voluntary guidelines for preventing workplace violence for healthcare and social service workers. OSHA’s violence prevention guidelines are based on industry best practices and feedback from stakeholders, and provide recommendations for developing policies and procedures to eliminate or reduce workplace violence in a range of healthcare and social service settings.

These guidelines reflect the variations that exist in different settings and incorporate the latest and most effective ways to reduce the risk of violence in the workplace. Workplace setting determines not only the types of hazards that exist, but also the measures that will be available and appropriate to reduce or eliminate workplace violence hazards.

The guidelines are not a new standard or regulation. They are advisory in nature, informational in content and intended to help employers establish effective workplace violence prevention programs adapted to their specific worksites. They are performance-oriented, and how employers implement them will vary based on the site’s hazard analysis.

Violence inflicted on employees may come from many sources – external parties such as robbers or muggers and internal parties such as coworkers and patients. These guidelines address only the violence inflicted by patients or clients against staff. However, OSHA suggests that workplace violence policies indicate a zero-tolerance for all forms of violence from all sources.

The Occupational Safety and Health Act of 1970 (OSH Act) mandates that, in addition to compliance with hazard-specific standards, all employers have a general duty to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. OSHA will rely on Section 5(a)(1) of the OSH Act, the “General Duty Clause,”2 for enforcement authority. Failure to implement these guidelines is not in itself a violation of the General Duty Clause. However, employers can be cited for violating the General Duty Clause if there is a recognized hazard of workplace violence in their establishments and they do nothing to prevent or abate it.

AIHA Publishes White Paper on Role of OSHA; Calls for Stronger Fines, Encourages Increased Collaboration with NIOSH

The American Industrial Hygiene Association (AIHA) has released a position statement and white paper which highlights the emerging roles and issues facing the Occupational Safety and Health Administration (OSHA).

In Perspective on the Role of OSHA in Advancing Occupational Safety and Health for the Nation, AIHA identifies that “there is a continuing need for OSHA,” and that “OSHA remains the federal agency best positioned to address workplace safety and health; however it is necessary to scrutinize OSHA’s processes and programs and recommend ways to improve OSHA’s effectiveness.”

AIHA continues to make 16 additional recommendations addressing OSHA’s current approach and opportunities for improved effectiveness in key areas identified in both OSHA’s strategic plan and the Department of Labor’s 2011–2016 strategic plan, including the modification of OSHA penalties and increased collaboration with the Centers for Disease Control & Prevention’s National Institute for Occupational Safety and Health (NIOSH).

AIHA calls the current maximum penalty structure—$70,000 per violation for willful or repeat violations, $7,000 per day for failure to abate hazards, and $7,000 per violation for other violations—”woefully inadequate” compared to fines from other regulatory agencies. OSHA’s maximum criminal penalty for a willful violation leading to the death of a worker is six months compared to 15 years in jail for the serious violation of environmental laws. “AIHA supports amending OSHA criminal penalties so that they are at least as stringent as penalties for violations of environmental laws.” according to the white paper.

AIHA also calls for OSHA to improve the reliability and efficiency of the occupational injury and illness data collection, interpretation, and dissemination process, recommending a closer working relationship with NIOSH to evaluate the reporting process and supporting a proposal to implement electronic reporting of injury and illness data. Further, AIHA believes OSHA and NIOSH must be effective partners in the development of occupational and environmental health standards and guidance, and must be recognized as an equal partner in protecting workers. To that goal, adequate resources must be provided to both OSHA and NIOSH to effectively carry out their responsibilities.

Other recommendations for OSHA include:

• Having primary authority for all safety and health issues in workplaces that the agency regulates
• Reform the standard-setting process
• Coverage should be provided to all workers, regardless of whether they work for a public or private or public employer
• Performance-based standards should be emphasized over detailed specification standards
• Develop and promote occupational safety and health programs for small and medium employers
• Develop a mechanism that encourages employers to obtain third-party assistance
• Continue to provide a mechanism for employees to raise issues without fear of reprisal
• Require and facilitate education, training, and guidance of employers and employee groups
• Continue to be a General Duty Clause to enforce employer responsibility to provide safe and healthful working conditions
• Strengthen its support and promotion of partnerships and alliances that achieve excellence in occupational safety and health, such as the Voluntary Protection Program
• Enhance opportunities for employee participation
• Update the Permissible Exposure Limits (PELs)

 The American Industrial Hygiene Association (AIHA) press release (Release No. SPR-12-0620-01)announcing the position statement and white paper is available here.

The American Industrial Hygiene Association (AIHA) Perspective on the Role of OSHA in Advancing Occupational Safety and Health for the Nation position statement and white paper is available at this link.

For more information about The American Industrial Hygiene Association (AIHA), visit the AIHA website.