OSHA Update October 2020
Safety Consultant with Sheldon Primus
OSHA Update October 2020
October 12, 2020
In this episode, Sheldon gives an update on what is happening with OSHA and the COVID-19 citations. He also goes over the new happenings with OSHA and other regulations.
Keywords: Sheldon Primus, Safety and Health, EHS, Inclusion, Subject Matter Expert, Summit Safety, Safety Consultant, OSHA, OSHA Compliance, Business Leadership, Leadership, Occupational Safety, PPE, Hierarchy of Controls, HOP, BBS, Entrepreneur, Stress Management, Minnesota, Minnesota OSHA, Mentoring, Board Members, Citations, Regulations, OSHA Regulations, OSHA fines, COVID-19, Whistleblower, Donald Trump

[00:00:00] :  This is Sheldon Prima's the host of the safety consultant podcast. During this time, we've all been tightening our belts because of Cove in 19. I have been as well. Recently. I found cost effective alternative to some of the services and programs that I was using, such as email, marketing, hosting services and even one of my favorites. Teachable Visit Sheldon Prima's dot com back slash resource is for special offers to help you reduce your business overhead. If you're hosting a podcast or one of host a podcast, then visit Sheldon Prime is dot com Backslash hosting for a knockout deal Don't give up on your dream. Get smarter on the back end of your business. This'll episode is powered by Safety FM Welcome to another episode of the safety consultant Podcast on your host Sheldon primers is the podcast where I teach you the business of being a safety consultant. Alright, This'll week, we're actually going to do another solo episode. I'm gonna do the OSHA update one haven't done one of these in a while. This is where I actually go through the ocean website, tell you a few things that I've seen and that kind of stands out to me. So I wanna make sure that you guys stay updated with that. It's one of those things where every now and then as a safety consultant, you should actually go to this website. US based if you're outside of the U. S. Doesn't mean as much to you. So I would say Go to your regulatory agency on look through their website from time to time. You really want to make sure that you stay in touch with what's happening with them, so that you can either offering your services for your clients or you could be ready for something that is either about to happen as far as the regulation or just happened. And you really need Thio be aware of that. So that's why I do that. Time to time. Look at the ocean website. I wanna make sure that everything is a Z I remember. Or if anything new comes up, you want to make sure that I know that one too. So, uh, I am going Thio, go ahead and get into that and what I will do after that is we won't actually have a tip of the week because I am going to be doing everything with you. And so therefore, I will be the tip. So, like before Eyes the week and I am the tip. So when we come back afterward from the sponsor, then we will get right into the ocean update as of October 2020. Do you want to be a safety consultant? Listen to Dr J. Allen of Safety FM give his experience after taking the safety consultant blueprint course. I have actually done research on different consultants and looked at different consulting courses and so on. There is a pretty fancy, very expensive consulting course that is out there. I have actually purchased the consulting course was interested in. It has good information. Don't get me wrong, but you have a consulting course that really drives people onto focusing on safety and how to become a safety consultant. I will tell you on your particular course, there was better information in that particular regards thin. The other consulting course. There was more of a generalist form, but I figured I felt like I got more information out of yours on you, giving people direct half on what to do. Step by step But I really think that you have a genuine good product there. They can really assess people if they're interested in becoming a safety consultant. Register for the safety consultant blueprint at www dot safety consultant blueprint dot com. Enter code podcast for a special discount. Uh, this episode is powered by Safety FM E. Alright, so let's get into this one. E actually was going through this website a little bit ago, and I really it's almost like my home page, right? The OSHA dot gov website. If you haven't been on there recently, you need to kind of take a good look. So what's OSHA doing right now? It's probably what every other regulatory agencies doing in a globe they're really trying to. And regulatory is in, uh, compliance for safety and health, regulatory, a supposed Thio, environmental regulatory agencies or anything similar to that. But occupational safety and health, the thought is, is if there is some sort of safety and health protection for workers for the cove it 19. And that's the disease, which comes from the virus SARS cov to coronavirus to, uh so that one is probably prominent on every regulators mind every regulators website. Everything like that, and that's good. That's actually where it should be right now. Because truly if we could address this pandemic is going to be not only things to be done at home, but then also things at home. Excuse me at work where you could have events, that there's several people that are infected that could be spreading to other people in close quarters. So on the OSHA website, first and foremost, soon as you log in or should that go if you're gonna see coronavirus, uh, resource is great. Great. Great amount of resource is out there. You scroll down even further in the very same home page, you're gonna see where there is guidelines for returning toe work safely, and they actually have it where it's broken down into different industries as well, when you really start looking at that on, then as of October 2nd, there was a press release saying that OSHA has actually started doing citations for Covic, 19 coronavirus violations, and again, I'm gonna say Cove in 19 because that's pretty much what we've been thinking of, you know, disease caused by the SARS cov to S o. I know it's there's a difference. I'm just saying that just because it's easier for me, all right? So duly noted, You guys that air messing with me And while you're listening to me, don't be a nerd. E kidding. You do whatever you want, you BU but I know exactly what I'm talking about as Faras Cove in 19 versus theme actual virus that causes it. But you know, it's easier, and it's something you understand. So we're good, So all right, let's get back. Thio violations. So their announcement on the violations was $484,000 worth of violations. They actually wanted to make sure that that was prominent that the dollar figure was prominent. So if you really start thinking about it and, uh, you know, probably already leading the witness with with this phrasing already. But if you think about it, OSHA has been getting complaints and they get complaints filed on. I believe there's, like, 3100 complaints right now that are filed with ocean, and I'm actually on the site. So let me quote real quick. Yep, So 31 hundreds, like excuse me, complaints were filed, so thes files and they're pretty much coming in, you know, 9, 10 a day, eyes coming in. So those complaints, that air, they're coming in, they get screened, they go through it for validity and all the other things. And then they actually have a bunch of different follow up things that they asked an employer to dio. And then if there's a case where the employer did not follow up like they should, then now there's a few other things that they would, uh, they would escalate. Let's say that so out of 3100 of these complaints that were filed and those were just a whistleblower complaints and then they have the daily enforcement data. If you look at that, uh, they're actually enforcing quite a bit as faras, making sure that, uh, they close cases. But some of these cases that they're closing is truly OSHA writing someone a letter. They get a response from that employer if it's ah, sufficient response. So she will say, Okay, we agree. And unless they hear otherwise from a complaint or some sort of inspection activity, they'll believe whatever the employer is telling them. A Sfar. A za letter returned back to them or abatement process or whatever they were supposed to do, she will take him on that. And then if there is some sort of issue after that, then now OSHA will go ahead and do some of the other, uh, some of the other things that they have at their disposal. So now that there's actual citations coming out where OSHA is finding and, uh, now we're seeing that at $484,000 is what they say up to date. And that was as of their October 2nd press release. So as you look at this 3100 actual complaints, whistleblower complaints on Cove in 19 37 establishments were fined had violations. So out of the 37 you're thinking of the numbers and you're like, Hold on that percentage doesn't even add up asses faras, You know, dollar figures and on people who have truly got to ocean versus excited to find him. But then when you actually go to the page of the enforcement page where you could see who's who's actually being, um, who's being cited? First thing I noticed was a lot of hospitals, and we even have department of Veterans Affairs in there for Indiana. And, uh, they got cited a few times, but no dollar figures. As Faras finds most of the fines air right around 13 0 or 23 1000. Those air, the numbers that you see quite often as you're flipping through that list. So I'm looking at that s o Indiana won in Georgia, one in Connecticut. New Jersey has the lion share of violations on then New York is a very well, not very, but a close second on then Texas one. So just thinking of all the different states that are doing complaints on, then the actual citations, though that is almost a half a million dollars citations. It's not even scratching the surface of what there should be. So that's my two cents on this thing. Hopefully that OSHA will start getting on board on the's. Numbers should be E would say easily 10 times what this 400,000 is right now, if you're really looking at what the complaints are and what the abatement processes are, people not even abating and it's a mess. So here what are getting cited out of these citations? Implementation of respiratory protection programs. That's one of the areas that's being cited. Uh, medical evaluation for fit testing on. And that's again probably related thio your PPE that you're wearing for respiratory protection for airborne virus. So if that's the case Theun OSHA saying, If you're requiring to have respiratory protection, uh, then now you are going to have to do the written program and then the fit testing the training and everything else that involves, uh, that's a part I, uh, in 1910 and that's incorporated by reference for other sectors as well. So anyway, Thea other thing is reporting injury and illnesses or fatalities. So record keeping is now in there and again. Another record keeping is recording the, uh, OSHA illnesses on the forms. So that's two of the ones that have been sighted on then some general duty clause ones. So they cited general duty clause, uh, in there as well. So those are the citations that people are getting on, and truly, there's a couple of agencies that got zero, uh, in in the citation, and then you've got a couple that 25,000. I'm looking at the list right now. Eso it really depends on a couple of things OSHA had never never cites evenly. It's always by, um, machines evenly. It should be fairly. Let's say it that way. But when I say evenly, I don't mean that one citation I's gonna be the same dollar figure across all North American industrial classifications system code and A I C s. Yeah, the I C s code means a lot. And there's a bunch of other factors too related to size and related to your past history and, uh, and a few other things that details the gravity of what the what the citation would be. And then when you determine the gravity, it's like a calculation, and then they create the actual price. If you wanna learn about that stuff, you're gonna have to really go through the field operation manual. Uh, I'm also doing Anak Chua Li inspection are surviving OSHA audit uh, event and you could see that on Sheldon prima's dot com backslash live on, uh, that. Will you sign up for that? Then you really get a good understanding of of what it takes for for citations and all the dollar figures. So that's one of the things that caught my mind about OSHA, and again we're doing our ocean update. Thea Other thing that I noticed is that they did actually award the Susan hardwood material. So if you are not familiar with what the Susan Harward Grant is, you could go toe dot gov in the search box. You could type in Susan Harwood clients. I've talked about him before on the show. Uh, what that is is nonprofits and tribal communities can actually asked OSHA Hey, give us the money to do some research and to create, uh, some training for thes specific areas and then OSHA wealth will you have to fill out the whole grand form and do exactly what you need to do to make sure that you get approved for this. And then when you get the money, you get this thing done by either consultant or whoever. Or you may be the person hired to do one of these, um, Susan Harwood training, uh, material. If that's the case, then you get that material and you get that money from OSHA. What, you're also agreeing Teoh is that OSHA will have a piece of this. So that means, uh, OSHA will get a piece of this information. And then truly, when they get this information, uh, they're also going to be able to put it on their website. So that's the caveat. Thio eso When did you get that information? And it's It's good. I mean, truly I've used the Caesar Harvard Harvard material often, Andi, I do say often because in some of them you get so much information and I truly mean you could get, uh, power points to deliver the presentation. You get student handouts, you could get post test and pretest lesson plans if you some of them do that. So it's really, really good. So they had definitely done there awarding. And if you want to find out, whoever you know is doing something near you, then go to that website Susan hardware training, and then you'll do it. So they gave me a pretty good amount of money, uh, for this last grant material, so I'm kind of looking for it right now. Eso I don't see the funding announcements, but they did re released of participants on it turned out to be 90 nonprofit organizations nationwide at $11.2 million which is a pretty good. Uh, pretty good thing. So let's see. The 2020 Harvard Grants Awards also funded 12 targeted training, uh, topic training grants and four training and education material development grants on topics related to the coronavirus pandemic. So they went even further and allowed some new stuff for coronavirus, so I can't wait till that gets out. So that is not very, you know, very good. Good thing. So look for that every year. It's like clockwork. When OSHA does your budget, you'll see the season Harwood material like the budget's gone for it. But I remember one year I was doing a A s S p, uh, convention The year that they actually announced going to ESP from A S S E. Which is American Society of Safety Engineers. They went to American Society of Safety Professionals. That year was in San Antonio. I was doing a presentation on the future of OSHA, and I mentioned that the Harvard grant was on the chopping block and afterwards, someone who is a beat writer, uh, in Washington. These d c. Was there to presentation. She loved the presentation. And then she told me, Hey, don't worry about the hard grant. There's plenty of senators out there, and there's plenty of Congressman on. That's their bread and butter. They actually look to have this hardware grand, a Z being something that will help get them re elected. So even though it's not always in the budget, you'll see that some senator or some some congressmen will put that in at the very end. And all of a sudden, Susan Hardware to will announce funding and it's every year. So once I heard that, I was like, Cool, So we know we'll have it. What I do wish it's that the hardware grant would actually start going into more topics. We've got a glut of certain topics and we need some other topics covered, so I don't know how to make that happen, but will be awesome if they do that. I'm glad that they branched out to the coronavirus one. Alright, keep it on going with what we got over here, and I'm looking at the cranes and derricks that standard, um, support Sisi in 1926 which is the construction book. It's got a new a new addition to it, and that's basically if you're doing any railroad road way work. They added some stuff to that standard. I did not go through it yet, so I don't know what it is, but I do know that it's been finalized. So if you do work in cranes and derricks and at a row railroad roadway, a lot of ours in that one, right? Like our city. I was trying so hard that the biggest mess it up but railroad roadway work. So that is, uh, the new standard has been updated in that one. If that's your industry or if your consultant for them you really, really want to go check that out, make sure you get a good understanding of it. E don't deal with cranes and derricks that much, though, Uh, just for me. I deal with other parts of construction, mostly underground. Uh, so excavations and full protection and stuff like that permit required confined space. But I don't really deal with creams and derricks as much. So if that's your forte, go out there, make sure you understand that standard. Another thing is when they do the compliance letter for the standard, get that printed and really start going through that compliance letter because, really, what that does is shows you what a co show compliance, safety and health officer, uh, would actually look for when they're doing an inspection. So you find out what they're gonna dio through that compliance letter, and then you just use that for your actual clients and to advise your clients and to do informal conferences or whatever else you need. So I really would kind of keep a ni out for that one as well. So, uh, fall protection that if you haven't seen the stand down for falls that's on the OSHA website. They did their seventh one in September, and that national stand down was a week long. Where if you participated, you just had a company just training for an hour in that whole week. If you did that, you could participate with everyone else, or you would have participated with everyone else. Uh, make sure you could download your certificate on the OSHA website. That's pretty awesome. I remember the first couple of years that came out, um, that I did it for myself and some clients s o. I ended up downloading, uh, the certificate from my two companies at the time. And, uh, it was funny because I'm company of one you know is a consultant. But I had a notion certificate saying that I participated in the stand down for falls, which I did. So it's kind of cool getting that. Uh, if you're a data nerd, you might want to check out what she did because of a Freedom of information request. They released the injury and illness data from 2016 to 2018. And is that data that was was collected from the electronic record keeping rule That was four years old. But you need us. And truly, it is rich in information. So you could find out by any I. C. S codes, uh, certain industries. You'll see the preponderance, if that's the way you say that of injuries and illnesses for that industry. So it's kind of get on thio, get understanding of that eso That is another thing I would look for. So you really want to go to the OSHA website and you wanna look up injury of illnesses data, So that's pretty good. So truly you want to go through that stuff. So that's actually all I got as far as um, the list of things that I really want to make sure that I mentioned from three OSHA update. If you need any coronavirus help, that's one of the things that you should really, really, uh, do just kind of go through that That website and C D. C. As well. Uh, CDC is going through a little bit of issues, but they also have resource is there. So you could find some stuff that will help with your safety system. All right, Before I go, let me tell you about one last thing. I am going to be hosting theatrics. UAL uh, it's gonna be called how to survive and OSHA audit. It's a full, complete look. So it's gonna be a four hour training online, so we're not gonna have any face to face, so it's gonna be four hour training, and it's gonna be where I am going. Thio work with you on, and we're going to go through all the steps that would take before, during and after OSHA audit. And I'm going to explain to you, uh, through the eyes of a consultant of how you could survive this thing and thrive. So the events gonna be held October 19th. Doing gonna start at 9 a.m. Eastern time. That's my time zone. We're gonna go until 1 p.m. Eastern time and you could go to show them prima's dot com backslash live early bird. Uh, tickets are available in the early bird. Tickets are actually gonna be $75 for the event on, and it's only available until October 12th. So you have to make sure you get to that by October 12th. And that's when the early bird tickets will close. And then the regular price will start at $90 on that is going thio go until Theo Day before the event. So October 1990 a. M to 1 p.m. Eastern standard time. Uh, just going thio walk you through everything we're truly going to go through how much a new incident was probably gonna cost you. I'll show you how to look things up by even establishments. We're gonna show you how toe dissect a top 10 most frequently standard side of standards. We're gonna go through the field operation manual. We'll talk about all the different, uh, metrics that you need to look for what we're gonna figure out how to fight the citation in an informal conference, and I'll show you techniques for negotiation, even recordkeeping, because that's a big thing when you do have inspections. So we're gonna go through a bunch of that stuff to make sure that you are ready and you're gonna be prepared for whenever you take on Ah, job that says I am going to be on OSHA consultant. That's gonna help you mitigate through unaudited and eso I'm gonna show you guys might tips my tricks. All right, so hop on the early bird as quick as you can is gonna end october 12th at noon. So $75 for that one If you miss it, that's right. Grab the next set of tickets was going to start right after that, and it's gonna be $90 for that event, and, uh, and then you're also going to get access to the stuff so you keep you'll have it available to you. So if you're in the early bird, you're gonna have it available to you until April of 2021 so you could go back and refer to it and everything else. Uh, general tickets you, Mr Early Bird. You missed the opportunity. So you're actually still gonna have Ah, few months. Thio, have this material available to you until January 2021. So get ahead. I encourage you do that thing right Now get a sheldon promise dot com backslash live. Hopefully, this ocean update is going to help you out as much as you can, so you could be ready for being the best ocean consultant you can be. And I appreciate you guys. So if you haven't liked the show, go ahead and like it. If you haven't subscribed yet, go and do it. What you waiting for that? Subscribe? If you're driving, you can't do that. Do that later. But I really appreciate you. Thank you for spending the time with me. Get this'll. Episode has been powered by Safety FM thing