Safety Lines

The Newsletter of Minnesota OSHA
Number 54 Winter 2007 www.doli.state.mn.us

OSHA 300 log: year-end brings summary time
By Diane Amell, MNOSHA Training Officer

Every calendar-year, employers are required to total the entries on the OSHA 300 Log of Work-Related Injuries and Illnesses for the previous year and post the OSHA 300A Summary of Work-Related Injuries and Illnesses. The process is straightforward. √ First, review the 300 log to ensure it is complete and accurate. √ Next, copy the totals from the 300 log to the OSHA 300A form. √ Then complete the balance of the summary form and have it certified by a company executive. √ Finally, post the summary form in an area where employee notices are typically found. Who is considered a “company executive”? Under 1904.32, a company executive can be: • an owner, if the company is a sole proprietorship or partnership; • an officer of the corporation or organization; • the highest ranking official working at the establishment; or • the immediate highest ranking official’s supervisor. OSHA requires the certification in order to raise management’s awareness of employee injuries and illnesses, create a sense of accountability throughout the organization, and ensure the information is accurate and complete. The 300A summary must be posted from Feb. 1 to April 30 each year. (OSHA investigators will check for it as part of any inspection.) The form should not be altered, defaced or covered up by other material. Electronic-only postings are not acceptable; there must be a printed copy displayed where employees can see it as well. OSHA discourages posting the full 300 log. If an employer elects to post the entire log, it must either be posted in an area where it is inaccessible to the general public or all employee names must be removed from it prior to posting. Employers are required to continually update the 300 log for five years, but it is not necessary to revise the 300A form. However, employers are free to do so. Note: All employers that receive the OSHA annual survey form or the Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses form are required to complete and return the survey forms. This includes those employers that have 10 or fewer employees and are otherwise exempt from the recordkeeping requirements.

2006: Minnesota OSHA's year in review

Performance review highlights

Each year, Minnesota OSHA (MNOSHA) conducts a review of its projected performance as defined in its performance plan, which is generated prior to the start of the federal fiscal-year (FFY). In FFY 2006, Minnesota OSHA: • visited 2,593 establishments and identified 4,968 hazards; • generated safety inspection results within 22 days on average, while the national average is 47 days; • generated health inspection results within 36 days on average, while the national average is 60 days; • resolved contested cases within 143 days on average, while the national average is 229 days; • conducted 54 outreach presentations with an average participation level of 90 people; and • signed a new partnership with Associated Builders and Contractors (ABC) of Minnesota (see Safety Lines Summer 2006). For more information about MNOSHA’s performance, the MNOSHA annual report is posted online in January each year, visit www.doli.state.mn.us/mnosha.html.
This information was compiled by Jeff Isakson, director of MNOSHA Compliance; Shelly Techar, MNOSHA management analyst; and Kelly Taylor, MNOSHA program analyst.

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Inspection-scheduling timetable changes
By Alden Hoffman, OSHA Management Team Director, Health

More than 80 percent of the inspections Minnesota OSHA (MNOSHA) conducts are routine (“programmed” in OSHA jargon). The remaining inspections are in response to complaints, referrals, catastrophic events, fatalities or scheduled re-inspections. Deciding which establishments to include for routine inspection is a process that is taken very seriously by OSHA management. Inspecting worksites that are in compliance or that have few serious hazards is not a good use of limited resources, nor does it allow inspectors time to inspect those worksites that do have serious hazards. The difficult part, of course, is identifying the worksites that are likely to have serious hazards. Other than a workplace fatality or catastrophe, there is no requirement for any employer to inform its local OSHA office that there has been an injury, that it is using a hazardous piece of equipment, or that the company intends to dig a hole or scale two stories of a building. From its inception, MNOSHA’s inspection scheduling relied heavily on injury and illness statistics published by the U.S. Bureau of Labor Statistics (BLS) each fall or winter. Federal OSHA also provided useful data during the same time period. The data was reviewed and decisions were made by late winter of the following year. This system, using these time periods, meant MNOSHA’s annual report included inspection activity from two different scheduling lists. To rectify this, MNOSHA changed its scheduling timetable in federal-fiscal-year 2006 (Oct. 1, 2005, through Sept. 30, 2006). All decisions for the coming fiscal-year have been made and information about the worksites intended for investigation was given to inspectors Oct. 1, 2006, the start of the reporting year to federal OSHA. With this change, MNOSHA expects to track its performance against the worksites inspected in the same year. New this year will be an emphasis on accidents involving tree-trimming work. Fatalities and serious accidents in Minnesota in the past year prompted this emphasis. MNOSHA is continuing its revolving schedule of inspections of employers in the public sector, nursing homes, meatpacking industry and foundry industries, as well as national emphasis areas surrounding silicosis and lead poisoning prevention. Adult asthma prevention is an emphasis for the health inspectors; the industries under examination have been expanded from last year’s pilot program. In the construction industry, which comprises nearly 50 percent of all MNOSHA inspections, emphasis remains on fall hazards, trenching hazards, crushing injuries and electrocution hazards. Health inspectors also expect to have bigger visibility in the construction industry due to scheduling changes, for example: evaluating silica, lead and noise hazards.

Avian flu guidance updated, available online
In November, federal OSHA published updated guidelines about protecting employees from avian flu. It is available in English and Spanish on the OSHA Web site at www.osha.gov/ dsg/guidance/avian-flu.html. The update provides separate recommendations for poultry employees and those who handle other animals, and for laboratory employees, health care personnel, food handlers, travelers and U.S. employees stationed abroad. The primary focus is on good hygiene, including use of gloves and hand washing, as well as respiratory protection for those who work with infected animals or individuals. The guidance also includes links to helpful Web sites that have additional information, as well as a list of technical articles and resources including: a history of flu pandemics, symptoms and outcomes of various strains of avian flu; a summary of the bird importation regulations; and details about the transmission of the virus. For more information about federal activities regarding avian flu and pandemics, and for guidance for your personal planning, visit www.pandemicflu.gov.

Dr. Terrence Tumpey, a Centers for Disease Control and Prevention (CDC) staff microbiologists and a member of the National Center for Infectious Diseases (NCID), examines reconstructed 1918 pandemic influenza virus. The 1918 Spanish flu epidemic killed more than 500,000 people in the United States and up to 50 million worldwide. – Photo by James Gathany

Nominations for DLI safety award recipient due March 30
The Minnesota Department of Labor and Industry (DLI) seeks to honor a safety or health professional who is an example of safety excellence, with the annual Arthur E. McCauley Jr., Minnesota Occupational Safety and Health Leadership Award. The award was named for former Minnesota Safety Council Member Arthur E. McCauley Jr., whose work as a safety professional encompassed the attributes of this award. McCauley was regarded for his work as a member of the Minnesota Safety Council and the Minnesota Occupational Safety and Health Advisory Council. He was known for his dedication and tireless efforts to improve the safety and health of Minnesota's workplaces. Complete information and the nomination form are available on the DLI Web site at www.doli.state.mn.us/mccauley.html. Interested parties may also contact Julie Klejewski at (651) 284-5113 or at julie.klejewski@state.mn.us for details.
Arthur E. McCauley, Jr.

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Construction Breakfast

Q&A

Crane-operator certification
— These are answers to questions posed during the MNOSHA Construction Breakfast seminar Sept. 19, 2006. —

1. Q. Is a physical exam required every five years with the recertification? A. ASME B30.5, section 5-3.1.2(f) states operator physical examinations shall be required every three years or more frequently if supervision deems necessary. Operators carrying a medical examiner’s certificate (commonly referred to as DOT health cards) are required to have a physical exam every two years, so the DOT health cards will cover the physical exam requirement. 2. Q. What is the National Commission for the Certification of Crane Operators (NCCCO) classification for large versus small cranes in terms of tons? A. Classifications are no longer by tons, they are now classified by the designation of the crane. For example: TSS — small telescopic boom cranes (fixed cab); and TLL — large telescopic boom cranes (swing cab). 3. Q. What are the crane classifications for operators certified under the old name? A. TSS: small telescopic, less than 17.5 tons capacity; and TLL: large telescopic, more than 17.5 tons capacity. Retraining is not necessary, unless the operator is seeking certification on a different category of crane or the old certification is expiring. 4. Q. Is there going to be a Web site to confirm whether a person is crane-certified? (Referencing forged or counterfeit cards.) A. Yes, you can use the contact information on the back of the certification card for verification or visit www.nccco.org. 5. Q. What does direct supervision mean? A. Direct supervision means a certified operator will be on the same working surface, within visual sighting distance of the trainee being supervised. The certified operator will also be close enough to communicate verbally with the trainee and not have other responsibilities that could distract from the supervision of the trainee. 6. Q. If you own and operate a crane yourself, do you need to be certified? A. No, as long as the crane is for personal use on premises owned or leased by that person. 7. Q. If a construction company goes into a general industry location for a remodel/retrofit, does the construction company’s crane operator need to be certified? A. Yes, if the operator works with a qualifying crane. 8. Q. Will certification be required for boom-truck operators when using a boom with a lifting capacity of less than five tons? A. No, the new regulations will affect cranes with lifting capacities of five tons or greater.
Q&A, continues ...
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Construction Breakfast – Q&A
8. Q. Will certification be required for boom-truck operators when using a boom with a lifting capacity of less than five tons? A. No, the new regulations will affect cranes with lifting capacities of five tons or greater. 9. Q. Do tower-crane operators need certification or have different certifications? A. Operators who use tower cranes that fall under ASME B30.5 will be required to have certification. Mobile lattice-boom-truck tower cranes and crawlers set up as tower cranes fall under ASME B30.5. The new standard will not apply to construction tower cranes that fall under ASME B 30.3. 10. Q. If a crane is used outside of the scope of work (in terms of electrical contractor, public utility, etc.), such as moving materials for other trades, are the operators required to be certified? A. Yes. 11. Q. In Minnesota, where is crane-operator training available? A. There are crane-operator training courses available at multiple Minnesota State Colleges and Universities (MnSCU) locations and through various industry associations. To be certified, operators must contact one of the two certifying bodies. 12. Q. Do other states have similar training available? A. Yes, there are many crane-operator training courses offered throughout the country. 13. Q. Does an operator need to be certified to move a crane but not to do work? A. Yes, if it is a qualifying crane being operated on a construction site. 14. Q. What are the citation costs and will investigators shut sites down for missing certifications? A. Citations will be issued as serious violations and investigators will not be shutting down sites for missing certifications. 15. Q. Will investigators initiate inspections based on cranes that are in operation, just to check for certifications — as they do for excavations? A. No, investigators will continue to conduct programmed inspections in the same manner. Excavations are covered under a national emphasis program, which mandates inspections. 16. Q. Are cranes that are operated by electric utilities exempt? A. Yes, as long as they are operating within their scope of work. 17. Q. Does an operator need certification if they are using a crane to set up or take down a batch plant, to provide concrete or asphalt to a construction site? A. Yes, batch plants are used to manufacture ready-mixed concrete or bituminous hot-mix asphalt during the construction of roads, bridges, retaining walls or other large structures in remote areas. Since these locations are construction sites, the new standard will apply. 18. Q. The statute states that people employed by a municipality are exempt. Does this apply to county employees? A. Construction work is defined as the work for construction, alteration and/or repair, including painting and decorating. The crane-operator certification law is aimed at construction sites where cranes are in operation. After researching the intent of the law, MNOSHA has determined maintenance activities are not covered; therefore, county employees who are performing maintenance work will be exempt. County employees who operate qualifying cranes for construction activities will not be exempt.
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Occupational Safety and Health Advisory Council 2007
The Occupational Safety and Health Advisory Council was created in 1973 under the statutory authority of Minnesota Statutes §182.656 to advise the department in carrying out the purposes of M.S. §182 and other Occupational Safety and Health Administration statutes. The council consists of 12 members appointed by the Minnesota Department of Labor and Industry commissioner. Council members include three representatives from management, three representatives from labor, three representatives of occupational safety and health professions, and three representatives from the general public. Meetings are quarterly, scheduled for March 2, May 4, Aug. 3, Nov. 2 in 2007. The advisory council meets from 10 a.m. to noon, in the Minnesota Room at the Minnesota Department of Labor and Industry, 443 Lafayette Road N., St. Paul, MN. E-mail Julie Klejewski at julie.klejewski@state.mn.us or call her at (651) 284-5113 for further information about the Occupational Safety and Health Advisory Council meetings.

Crane-operator-certification training
Minnesota OSHA, in cooperation with Minnesota Safety Council, is offering craneoperator training throughout Minnesota in preparation for certification requirements that become effective July 1. The training will define which crane operators need to be certified, in reference to the size and type of crane they are operating, and why some crane operators may be exempt from this statute, depending on the type and location of the work performed. Lastly, this program will review operator training requirements. To register online, go to www.minnesotasafetycouncil.org/courses.
Duluth – Jan. 22, 7:30 to 10 a.m. College of St. Scholastica, Duluth Somers Hall 1200 Kenwood Ave. Mankato – Jan. 23, 7:30 to 10 a.m. Best Western Garden Inn 1111 Range Street St. Cloud – Jan. 30, 7:30 to 10 a.m. College of St. Scholastica, St. Cloud 4150 Second Street S. St. Paul – Feb. 20, 7:30 to 10 a.m. Minnesota Safety Council 474 Concordia Ave. Rochester – Feb. 23, 7:30 to 10 a.m. Rochester City Hall 201 4th Street S.E. St. Paul – March 12, 7:30 to 10 a.m. Minnesota Safety Council 474 Concordia Ave. Bemidji – April 11, 7:30 to 10 a.m. Bemidji Regional Safety Day Concordia Language Village 8659 Thorsonveien Road

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Work pl

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Free on-site safety and health consultation
for public-sector employers

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Department thanks employers for survey participation
By Brian Zaidman, Research Analyst Research and Statistics

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The Minnesota Department of Labor and Industry (DLI) recently completed collecting OSHA log information for the Bureau of Labor Statistics (BLS) Annual Survey of Occupational Injuries and Illnesses and for the OSHA Data Initiative (ODI). The department received BLS surveys from 99.9 percent of the collectible establishments, and received ODI responses from 100 percent of the collectible establishments. These are among the highest response rates in the nation. These programs provide vital information that the department and employers use to provide feedback about their workplace safety and health programs and to focus their resources for the next year. Both

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Minnesota OSHA Workplace Safety Consultation (WSC) offers public-sector entities the gift of free consultation services. This offer has no expiration date and is good for township, city, county and state-operated facilities, such as government administrative buildings, wastewater treatment facilities, solid waste management facilities, nursing homes, schools and road maintenance facilities. WSC is a sound program designed to help public-sector employers protect workers from on-the-job accidents and illnesses – protecting employers from extra worries, slowdowns and needless expenses. Highly trained, professional consultants are ready to help accomplish those goals by answering questions about safety and health, and aiding employers in meeting legal obligations of OSHA regulations. A commitment to correct any serious hazards is all that is asked. For more information, call (651) 284-5060 or visit www.doli.state.mn.us/wsc.html.

programs require employers to provide summary data from their OSHA logs. The department's Research and Statistics unit collects the data for Minnesota, which is sent to the U.S. Department of Labor for further processing. Our thanks to you, Minnesota's employers, for taking the time to fill in the forms and send them back. Your information helps us improve our programs to serve you better.

osha
DEPARTMENT OF LABOR AND INDUSTRY
Summary

Minnesota Department of Labor and Industry Occupational Safety and Health Division 443 Lafayette Road N. St. Paul, MN 55155 (651) 284-5050 Toll-free: 1-877-470-6742 osha.compliance@state.mn.us

Fact sheet
Hexavalent chromium final standard: effective and practical protection for workers
On Feb. 28, 2006, the U.S. Department of Labor issued a final standard addressing occupational exposure to hexavalent chromium, also known as Cr(VI), a natural metal ion used in a wide variety of industrial activities, including stainless steel manufacture, welding, painting and pigment application, electroplating and other surface coating processes. The standard does not cover the application of pesticides, such as the treatment of wood with preservatives. (Note: The inorganic arsenic standard, 1910.1018, has a similar exemption covering pesticide application and the treatment and use of arsenic-preserved wood.) The federal Occupational Safety and Health Administration (OSHA) determined the new standard is necessary to reduce significant health risks posed by occupational exposure to Cr(VI). The new standard is based on a careful, extensive analysis of all facts and evidence gathered during the OSHA rulemaking process, which included two weeks of public hearings and comment periods totaling more than five months. OSHA relied on the best available, peer-reviewed science. Minnesota OSHA (MNOSHA) has adopted the federal standard in its entirety. The standard covers the general industry, construction and shipyards sectors, and will protect workers against exposure to hexavalent chromium, while providing employers with adequate time to transition to the new requirements. About the standard Reduces worker exposure to Cr(VI) – The standard provides greater protection against significant health effects, such as lung cancer, nasal septum ulcerations and perforations, and dermatitis, by lowering the permissible exposure limit (PEL) from a ceiling limit of 52 micrograms of Cr(VI) per cubic meter of air (52 μg/m³) to an eight-hour time weighted average of 5 μg/m³ for general industry, construction and shipyards. Practical and effective requirements – The standard requires covered industries to achieve the PEL through engineering and work practice controls to the extent that is technologically feasible. Additional provisions cover exposure determinations, respiratory protection, protective work clothing and equipment, medical surveillance and communication of hazards. Adoption date – The standard was adopted in Minnesota on June 5, 2006. All provisions, except engineering controls, are required beginning Nov. 27, 2006, for employers with 20 or more employees and May 30, 2007, for employers with fewer than 20 employees. All employers must implement engineering controls by May 31, 2010. Portland cement exclusion – OSHA excluded exposures to portland cement in general industry, shipyards and construction because of data indicating that airborne exposures to Cr(VI) involving portland cement were very low and posed little lung cancer risk. Risks from dermal exposure could be addressed through existing OSHA standards. Special provision for aerospace painting – The standard recognizes that, given the available technology, the lowest air concentration that employers involved in aerospace painting operations of whole aircraft or large aircraft
Fact sheet, continues ... Safety Lines 9 Winter 2007

parts can reach through feasible engineering and work practice controls is 25 μg/m³. For these types of aerospace painting, OSHA requires the use of engineering and work practice controls to reduce exposures to 25 μg/m³ and allows the supplemental use of respirators to be used to achieve the PEL. Other exemptions – OSHA determined there are certain work operations that may have low airborne Cr(VI) exposure levels comparable to those generated by portland cement and has exempted employers that can demonstrate that under no expected conditions will concentrations be greater than 0.5 μg/m³. Exposure determination – General industry, construction and shipyards all have identical provisions for exposure determination. The standard also adds a performance-oriented option in all industry sectors to increase employers’ flexibility in making exposure determinations. Medical surveillance – Medical surveillance must be offered to employees who have signs and symptoms of Cr(VI)-related health effects, are exposed to Cr(VI) in an emergency, or are exposed to Cr(VI) for 30 or more days above the action level (i.e., one-half of the PEL or 2.5 μg/m³). This requirement applies to general industry, construction and shipyards. Communication of hazards – In addition to the requirements of the Employee Right-To-Know standard, employers must ensure each employee can demonstrate knowledge of the contents of the standard, and the purpose and description of the medical surveillance program. A copy of the standard must be readily available to all employees. The general industry standard also requires specific housekeeping practices, including keeping surfaces clean as practicable, using HEPA vacuums or other methods that minimize the likelihood of exposure, using compressed air only when used with a ventilation system designed to capture the dust cloud or no other alternative exists, and disposing of any waste in sealed, labeled containers. Copies of the final standards All three standards are available on the federal OSHA Web site at the following locations: • 1910.1026 (general industry) – www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=13096; 1915.1026 (maritime) – www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=13116; 1926.1126 (construction) – www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=13117.

Fact sheet, continued ...

For more information Additional information can be found online at: • • federal OSHA – www.osha.gov/SLTC/hexavalentchromium; and National Institute for Occupational Safety and Health (NIOSH) – www.cdc.gov/niosh/topics/hexchrom.

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Web site helps locate federal compliance requirements
A newly re-launched federal government Web site, www.business.gov, provides business owners with a one-stop resource that searches the federal government agencies that regulate or serve businesses for compliance information or resources. The Web site makes it easier to find information about taxes, immigration laws, workplace safety, environmental requirements and other regulations that can present challenges for small and mid-sized businesses. Business.gov can direct businesses to the best resources, reduce compliance barriers and help avoid costly mistakes. It is managed by the U.S. Small Business Administration (SBA) in partnership with 21 other federal agencies. Small firms with fewer than 500 employees represent 99.7 percent of all businesses. These firms spend 45 percent more per employee than larger companies to comply with federal regulations including taxes and environmental requirements, according to the SBA.

New Year resolution:

Attend MNOSHA Construction Breakfast seminars
Jan. 16, 2007 – Road construction and work zone safety
Join Minnesota OSHA (MNOSHA) Jan. 16 for the first Construction Breakfast program of the new year. This program includes review of MNOSHA standards and enforcement policy for road construction and work zone safety practices. However, the main emphasis is the position the Minnesota Department of Transportation (Mn/DOT) has about how these work zones are set up and modified during the construction process and during changing conditions. Examine how these zones are constructed for high-traffic and low-traffic situations, and for different types of utility work. The traffic-control process, signs, barrier positioning, flagging and high-visibility personal protective equipment (PPE) requirements for employees will also be reviewed and discussed. The program is presented by Doug Yetzer, Contracting Quality; Jon Jackels, Mn/DOT; and Bob Darling, MNOSHA safety investigator. For more information or to register for this event, visit www.doli.state.mn.us/brkfst.html.
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