Compliance

Are You in Compliance with Occupational Health?

Every year, the Occupational Safety and Health Administration (OSHA) reports the “OSHA Top 10” most often cited workplace safety standards and the ones for 2023 are listed below along with the total number of violations highlighted in orange:
  1. Fall Protection – General Requirements (1926.501): 7,188
  2. Hazard Communication (1910.1200): 3,227
  3. Ladders (1926.1053): 2,950
  4. Scaffolding (1926.451): 2,835
  5. Powered Industrial Trucks (1910.178): 2,550
  6. Control of Hazardous Energy (Lockout/Tagout) (1910.147): 2,539
  7. Respiratory Protection (1910.134): 2,493
  8. Fall Protection – Training Requirements (1926.503): 2,109
  9. Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 2,064
  10. Machine Guarding (1910.212): 1,635
When the above list is analyzed, one can learn that seven out of the ten are mostly related to Safety, which deals principally with “the Seen” hazards such as cuts, falls, strains and explosions. Usually, these hazards are identified through a series of checklists and procedures since they can discernably be seen and corrected. The other three are more related to Occupational Health; however, personal protective equipment can fall under both Safety and Occupational Health. The difference, though, is that someone with specialized knowledge and training is usually required due to these standards being overly complex:
  • Respiratory Protection (1910:134): Employers must make a “reasonable estimate” to anticipate employee exposures to occupational respiratory hazards. This involves knowing the airborne concentrations of chemical substances of concern; however, not every company knows this information as air sampling may be necessary to determine the airborne concentration.
  • Personal Protective Equipment (1926.102): Employers must implement engineering controls and a PPE program to reduce and protect against exposures to occupational health hazards. This requires a risk assessment to identify the specific type of chemical clothing and chemical gloves along with breakthrough times of the PPE materials in order not to cause harm to employees.
  • Hazard Communication Standard (1910.1200): Employers are required to have a written plan, warnings and labels, safety data sheets, and training on hazardous chemicals be given to employees in the workplace. Risk assessments are required to be performed on the chemicals so that they fully understand the risks; however, most of the time this is not done.

These three are usually found in the “OSHA Top 10” every year which supports the conclusion that many employers have difficulty complying with these standards due to a lack of resources and manpower. OSHA performs approximately 33,000 OSHA inspections a year, only covering less than 1% of the 5 million United States companies that have hazardous substances. One may say the chance of receiving a violation is low; however, the cost of the citations can range from $16,131 to $161,323 depending on the type of violation (Serious, Failure to Abate, Willful or Repeated). In addition, there is an increased chance of lawsuits which can range into millions of dollars depending on the nature of the lawsuit. However, the most important reason is to be able to provide a workplace free of known hazards. As discussed in Occupational Health by the Numbers, there are still many deaths occurring every year due work-related injuries and illnesses, with the numbers being about 5,300 and 55,200, respectively. The US workplaces are still not as safe as they should be because companies do not have enough resources and manpower.

Most companies only focus on Safety; however, it is equally significant that something be in place for Occupational Health. MyTERA™ is an interactive application that guides users in conducting their own Task Exposure Risk Assessment (TERA) of occupational health hazards and helps users identify the controls necessary to help reduce their chance of harm. It provides a tool and a resource to help those companies that cannot hire someone full-time. There are also other Safety and Environmental features built into MyTERA™ to help with those regulations as well.