Dick Monod de Froideville

Industrial Hygienist/Safety Engineer

Cell Phone: 310-464-7237

E-mail: dmonod.pasma@gmail.com

ENFORCEMENT MANTRA – ed.note

IF IT LOOKSLOOKS A SHADE OF PLUM IT PROBABLY IS,

So let’s dig!

Partial list of Vague or ambiguous words

Acceptable Accurate Adequate Applicable Appropriate

Careful Immediately Improper Necessary Periodically

Practicable Practical Reasonable Recognized Safe

Secure Maintain Substantial Suitable Timely

"To the extent practicable." A decision in the eyes of the READER OR EVALUATOR."Where applicable." There are no criteria for judgment/OR IS THERE?."Shall be considered." The READER OR EVALUATOR will think about… And the latest AB 2774 addition: “reasonably anticipated” ??????????

Some Vague and/or Ambiguous phrases

SOME WORDS in STATUTES

Title 8 California Code of Regulation

Section 3203 (T8CCR3203)Injury and Illness Prevention Program

Importance of this Order Applies to ALL Employers doing business in California at any time

Establishes the who, what, when, where, why and how of Health and Safety in the workplace

Cal/OSHA’s General Duty Clause

Composed of 7 Sections

Still the most often cited Safety Order! WHY!? House and Record keeping is inadequate

T8CCR3203 IIPP Critical Sub-Sections

(a)(2) Include a system for ensuring that employees comply with safe work practices. Include:

recognition… training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance

(a)(3) Include a system of communication with employees ….Substantial compliance includes: meetings, training programs, posting written

communications…or labor/management safety committee.

(a)(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections…Inspections shall be…

(a)(4)(B) When new processes, substances, procedures, or equipment are introduced.

(a)(4)(C) Whenever…made aware of new hazard or previously unrecognized hazard. Note: if

supervisor knows – EMPLOYER knows.

(a)(5) Include a procedure for investigating occupational injuries or illnesses.

(a)(6) Include methods and/or procedures for correcting unsafe work practices, conditions and work procedures in a timely manner:

(a)(6)(A) When discovered or observed; and

(a)(6)(B) When an imminent hazard exists and cannot be immediately abated without endangering employee(s) and/or property.

(a)(7) Provide training and instruction:

(a)(7)(B) For all new employees.

(a)(7)(C) To all employees given new jobs for which training has not previously been received.

(a)(7)(D) When new substances, processes, procedures or equipment are introduced.

(a)(7)(E) When employer is made aware of a new or previously unrecognized hazard.

(a)(7)(F) For supervisors to familiarize themselves with the safety and health hazards which their

employees are being exposed.

Other Codes Specifically Requiring JSA/JHA

T8CCR§3380. Personal Protective Devices. (f)(1) Hazard assessment and equipment selection.The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE)… T8CCR§5097. Hearing Conservation Program (Monitoring)(b)(1) When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall obtain measurements for employees who may be exposed at or above that level. Such determinations shall be made by December 1, 1982.  T8CCR§5144. Respiratory Protection.(d) Selection of respirators. This subsection requires the employer to evaluate respiratory hazard(s) in the workplace, identify relevant workplace and user factors, and base respirator selection on these factors. The subsection also specifies appropriately protective respirators for use in IDLH atmospheres, and limits the selection and use of air-purifying respirators.

T8CCR§5155. Airborne Contaminants.(e) Workplace Monitoring.(1) Whenever it is reasonable to suspect that employees may be exposed to concentrations of airborne contaminants in excess of levels permitted in section 5155(c), the employer shall monitor (or cause to have monitored) the work environment so that exposures to employees can be measured or calculated.  T8CCR§5157. Permit-Required Confined Spaces. (c) General requirements. (1) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces. T8CCR§5189. Process Safety Management of Acutely Hazardous Materials.(d) Process Safety Information. The employer shall develop and maintain a compilation of written safety information to enable the employer and the employees operating the process to identify and understand the hazards posed by processes involving acutely hazardous, flammable and explosive material before conducting any process hazard analysis required by this regulation. The employer shall provide for employee participation in this process. Copies of this safety information shall be made accessible and communicated to employees involved in the processes, and include….

Other Codes Specifically Requiring JSA/JHA – Cont’d

Other Codes Specifically Requiring JSA/JHA

ConstructionT8CCR§1510. Safety Instructions for Employees. (c) Where employees are subject to known job site hazards, such as, flammable liquids and gases, poisons, caustics, harmful plants and animals, toxic materials, confined spaces, etc., they shall be instructed in the recognition of the hazard, in the procedures for protecting themselves from injury, and in the first aid procedure in the event of injury.  T8CCR§1511. General Safety Precautions. (b) Prior to the presence of its employees, the employer shall make a thorough survey of the conditions of the site to determine, so far as practicable, the predictable hazards to employees and the kind and extent of safeguards necessary to prosecute the work in a safe manner in accordance with the relevant parts of Plate A-2-a and b of the Appendix.  Others Safety Orders such as…HazWoper, Asbestos, Carcinogens, Lead and anyplace where the text of the Safety Order requires “initial determinations”

HAZARD IDENTIFICATION, EVALUATION, AND CONTROL LANGUAGE IN CODE SPEAK SUCH AS:

“system, procedure, means, methods, etc”., means:

SHOW the DECISION LOGIC

A.K.AJob Safety/Hazard Analysis

It is a method for systematically identifying and evaluating hazards associated with a particular job or task. It is also called “job safety analysis

(JSA)”….IT IS NOT

An INSPECTION CHECKLIST

How Do I Conduct A JHA?

Identify the job or task to be analyzed.

Break the job or task into key components.

Identify the hazards found in each key component.

Identify ways to eliminate or control these hazards.

Eliminate the hazard or install controls.

Keep a record of the hazards identified and steps taken to eliminate or control them.

Periodically assess controls to ensure they are working correctly.

Identifying The Job For Analysis

Any job or task that meets any of the following conditions should have a JHA conducted for it:

Jobs or tasks with a history of injuries or near misses.

Jobs with catastrophic potential – fire, explosion, large chemical releases, massive equipment failure.

Tasks in which one simple human error could lead to serious injury.

Identifying The Job For Analysis

Any job or task that meets any of the following conditions should also have a JHA conducted for it:

New people doing the task,

Tasks that have changed,

Rarely performed jobs,

Any job done under a “safety permit” - confined space permit, hot work permit, etc.

Ranking Hazardous Tasks

Once you have identified jobs or tasks that have the potential to or are in fact injuring workers, you will need to rank these tasks and start addressing the most serious first.

One method for ranking tasks considers the probability that the hazard will cause an injury and an estimate of the severity of that injury.

These are not precise predictions of when or how severe an injury may be, they are only estimates.

The method can help you decide which is more important – an infrequent job that has the potential to kill a worker, or frequent job that causes less severe injuries.

A method to prioritize hazardous tasks

Score Classification Description

4 Catastrophic May cause death

3 Critical May cause severe injury or illness

2 Marginal May cause minor injury or illness

1 Minor Will not cause injury or illness

Severity Table

Score Classification Description

5 frequent Very likely to occur frequently

4 probable Probably will occur at some time

3 Occasional May occur infrequently

2 Remote Unlikely, but possible

1 Improbable So unlikely, it is assumed it will not occur

Probability Table

Consider the severity of the injury of something may go wrong while doing the task in the severity table.

Next, think about how often the worker is exposed to the hazard in the probability table.

Multiply the severity rank by the probability rank.

Address the highest scored tasks first.

1 2 3 4

2 4 6 8

3 6 9 12

4 8 12 16

5 10 15 20

Probability

PASMA Hazard Correction Matrix

NonSerious

2Slight

1Serious

3

ImminentDanger

4

PossibleBut Remote

1

ReasonableBut Unlikely

2

Occasional3

Probable4

Frequent5

Hazard

Probability = of Mishap1. Unlikely but possible2. Occurs once in 3years3. Occurs at least once per year4. Occurs several times per year5. Occurs any time

Hazard1. Slight - No Injury or Equipment damage2. Non-Serious - Controllable by operator or procedure3. Serious - Causes injury or equipment damage4. Imminent - Death; severe injury or major damage

Wrk Ord Period for Correction1. Immediate (ASAP)2. Correction W/In 9 Months3. Correction W/In 2 Years4. Correction as resources

become available

Eliminating and/or controlling hazards

Once a job is identified, you will need to break it into key components or sub-tasks and list all the hazards associated with each sub-task.

Too much detail makes the JHA cumbersome

Too little detail may omit hazards.

The correct amount of detail breaks the job into components that make sense in terms of the overall job.

Generally, limit the number of components to 10 or less.

Break Job Down Into Key Components

Key Components - ExampleChanging a light bulb

Too Much Detail Too Little Detail Right Amount of Detail

Get ladder from storage.

Get new light bulb from storage.

Carry ladder and light bulb to light needing changing.

Place ladder under light to be changed.

Ensure light switch is in the off position.

Climb ladder.

Remove light cover.

Twist light bulb in a counter clock-wise direction until it is free of the socket.

Remove old light bulb.

Insert new light bulb into socket.

Turn in a clock-wise direction until tightened.

Replace light cover.

Descend ladder.

Carry ladder back to storage.

Get a ladder and new light bulb.

Change bulb.

Put ladder away and throw out old light bulb.

Get ladder and new light bulb.

Turn light switch off

Place ladder under light to be changed.

Using ladder, change bulb.

Put ladder back in storage.

Small Business Job Hazard Analysis(General Example)

Date of analysis: ________________________ People who participated: ___________________________________________________________________

Tasks/jobs where injuries occur, or can occur

How people get hurt What causes them to get hurt? What safe practices or PPE are needed?

Ladders tipping over Ladder was not on a level surface

Ladder was on soft ground and the leg sunk in

The person reached out too far The ladder wasn’t high enough

to reach up safely – the person stood up near the top of it

Ladder broken or damaged

Set ladder feet on solid level surfaces.

When reaching out, keep belt buckle between the side rails of the ladder.

Do not stand on the top of a stepladder or on the first step down from the top.

Replace or repair ladder

Lifting heavy objects Trying to lift too heavy objects Bending over at the waist when

lifting Turning (twisting) back while

lifting

Use proper lifting practices (bend knees, don’t twist)

For very heavy objects, use mechanical devices or get another person to help.

Slipping on the floor Spilled liquids not cleaned up Small objects are dropped on

the floor and left there People wear the wrong type of

shoes for conditions

Wipe up all spills, and pick up dropped items, immediately.

Wear sturdy shoes with slip-resistant soles;

Using the bench grinder Flying particles get in eyes If grinder wheel breaks, large

chunks fly off at high speed High noise level can injure

hearing

Wear safety glasses and earplugs when using grinder.

Keep tongue guards adjusted properly (see sticker on grinder for spacing).

References & Resources

Employees Are Prone To Use Their "Own" Procedures When Not Being Supervised

Involving employees will help minimize oversights, ensure a quality analysis, and get workers to "buy in"

to the solutions they've helped to develop in their procedures. Ergo, they own the protocols and the

responsibilities.

Thank You

QUESTIONS?