This month’s column will bring you up to date on some of the latest OSHA
developments.
An enhanced enforcement policy is planned for employers that continue to defy
worker safety and health regulations. The policy will focus on five areas:
-
Follow-up inspections for all sites receiving a high-gravity willful violation,
repeat violation or experience a fatality
- Programmed inspections
- Public
awareness in the form of citation and notification mailed to the company’s
corporate headquarters
- Settlements
- Federal court enforcement
In another issue, OSHA has developed a strategy for its ergonomics approach using
industry specific and task specific guidelines, outreach, enforcement and research.
The agency has developed guidelines for several industries, and it is encouraging
all industries to develop guidelines that meet their specific needs. OSHA has
named ergonomic coordinators for each of its regional offices to assist staff,
employers and employees with ergonomic issues. It has instated a national ergonomics
coordinating team, and it has hired in Region 5 ergonomists to provide expertise
when evaluating OSHA enforcement cases.
There are new security requirements for HazMat transport. This three-part security
plan with revised rules that affect training and shipping papers are part of a
new federal rule to mitigate the risk of criminal activity directed at HazMat
transport.
Any facility that is subject to the registration requirements of the Department
of Transportation Research and Special Programs Administration’s (RSPA) hazardous
materials regulations must write and implement a security plan. RSPA has a security
template that can be used.
The plan must show how application and/or resume information provided by those
applying to work with hazardous waste will be documented. It must also address
the possibility that unauthorized persons may attempt to gain access to the materials
or vehicles. The last part of the plan addresses en route security issues. This
is the responsibility of both the shipper and carrier.
The proposal to require copies of registration certificates in each vehicle was
allowed to fade due to industry resistance. The industry felt that carrying the
certificates did little to enhance security or assist enforcement personnel. Each
vehicle, however, must have a shipping paper with the names of the shipment consignor,
each person to whom the shipment will be delivered and the DOT HazMat Registration
Number of the company or person shipping the materials.
The rule became effective March 25, 2003. Within nine months of this date, HazMat
employers must have the security plan in place and employees trained in security
awareness. Retraining should occur within three years.
Companies that must comply with security requirements developed by EPA or OSHA
do not need to create separate plans for RSPA as long as the requirements are
met in the other agencies’ plans. For information, contact Susan Gorsky at
RSPA, 202-366-8553.
