{"id":13724,"date":"2022-05-18T11:02:44","date_gmt":"2022-05-18T09:02:44","guid":{"rendered":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/?p=13724"},"modified":"2022-05-18T11:02:44","modified_gmt":"2022-05-18T09:02:44","slug":"osha-tank-cleaning-inspection","status":"publish","type":"post","link":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/2022\/05\/18\/osha-tank-cleaning-inspection\/","title":{"rendered":"How to reduce the symptoms of driver turnover"},"content":{"rendered":"

The U.S. Department of Labor\u2019s\u00a0Occupational Safety and Health Administration<\/a>\u00a0(OSHA) now is scrutinizing tank-cleaning operations across 11 states in an effort to make the job safer for workers in the industry.<\/p>\n

OSHA initiated the endeavor in August with the concurrent establishment of Regional Emphasis Programs (REPs) in Regions V and VI that target the transportation tank cleaning industry. Following a three-month period of outreach, randomized inspections of covered establishments began in late October.<\/p>\n

They will continue for the foreseeable future.<\/p>\n

The Region VI program officially expires in July 2024, but the Region V program extends through July 2026\u2014and both are renewable.<\/p>\n

\u201cAs long as there are fatalities happening, and serious injuries happening, we\u2019ll continue the program,\u201d said Stephen Boyd, OSHA\u2019s deputy regional administrator for Region VI.<\/p>\n

To help prepare tank wash operators for the unannounced inspections, Boyd spoke to attendees at\u00a0National Tank Truck Carriers<\/a>\u2019 2021 Tank Truck Week in Dallas about the new initiative, detailing who is covered, and the primary OSHA regulations that Certified Safety and Health Officials (CSHOs) will examine while they\u2019re on location: Permit-required confined spaces (29 CFR, part 1910.146<\/a>), respiratory protection (1910.134<\/a>), hazard communication (1910.1200<\/a>), and personal protective equipment (1910.132<\/a>).<\/p>\n

NTTC also hosted a webinar in October featuring Aaron Gelb, an OSHA expert with the\u00a0Conn Maciel Carey<\/a>\u00a0law firm, who reviewed inspection processes, employer rights, most commonly cited violations under each key standard\u2014and the importance of preparing for an OSHA visit before the inspector arrives.<\/p>\n

\u201cIf you don\u2019t have a plan, and haven\u2019t thought about what you\u2019re going to do when OSHA shows up, and taken steps to prepare, the inspection almost never is going to go as well, because it\u2019s hard to pull things together when OSHA\u2019s waiting in a conference room, or has started talking to members of management,\u201d Gelb said.<\/p>\n

What\u2019s happening?<\/h3>\n

According to OSHA, workers employed in the transportation tank-cleaning industry face many hazards that can lead to serious injury, illness, and death, including fires, explosions, hazardous atmospheres, and hazardous chemicals, rendering workers incapacitated and unable to self-rescue from the interior of a tank. The intent of the REPs is to encourage employers to take steps to address hazards, ensure facilities are evaluated to determine if the employer is complying with all relevant OSHA requirements, and to help employers correct hazards, thereby reducing potential injuries, illnesses, and death for their workers.<\/p>\n

OSHA included grim tank-cleaning statistics in its REP announcements last summer.<\/p>\n

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National Tank Truck Carriers<\/div>\n<\/div>\n
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Aaron Gelb, an OSHA expert with the Conn Maciel Carey law firm.<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n

OSHA data show it conducted 514 inspections within the tank-cleaning industry in Regions V and VI alone between fiscal years 2016 and 2021. Those inspections led to 1,191 violations, and 59 inspections were initiated as a result of a workplace fatality. A significant percentage of the fatality investigations addressed entry into confined spaces and permit-required confined spaces, with entrants and would-be rescuers incapacitated by unidentified hazardous atmospheres inside those spaces. Three individuals lost their lives in\u00a0Region V<\/a>, and nine died in\u00a0Region VI<\/a>, with an additional eight individuals requiring hospitalization.<\/p>\n

Further, the U.S. Bureau of Labor Statistics\u2019\u00a0Occupational Injury and Illness Classification System, Version 2.01<\/a>, reveals \u201ctanker-truck interiors and confined spaces on vehicles\u201d experienced 65 fatal occupational injuries from 2011 to 2018. The leading cause of death, in both spaces, was inhalation of a harmful substance, accounting for a combined 36 instances.<\/p>\n

The REPs, then, were established to support OSHA Performance Objective 2.1: \u201cSecure safe and healthful working conditions for America\u2019s workers.\u201d These programmed inspections are separate from, and in addition to, any complaint- or fatality-based inspections. However, locations that have had a comprehensive inspection with the past three years will not receive an inspection under this program, Boyd said.<\/p>\n

\u201cIf you\u2019re on the list, because you\u2019re within the industry, and OSHA shows up and says, \u2018We\u2019re here to do an inspection because of an employee complaint,\u2019 it\u2019s not going to stop because you had a comprehensive inspection three years ago,\u201d Boyd said. \u201cWe\u2019re there to investigate that complaint, and that will still continue, even though it may address hazards or conditions specific to this emphasis program.\u201d<\/p>\n

Who\u2019s covered?<\/h3>\n

Region V includes Illinois, Ohio, and Wisconsin, and worksites under federal jurisdiction in state-plan states Indiana, Michigan, and Minnesota. Region VI includes Arkansas, Oklahoma, and Texas, and federal sites in New Mexico. But state-plan workplaces often adopt federal programs, and at least one tank wash expert predicted during Tank Truck Week that these REPs eventually would become National Emphasis Programs.<\/p>\n

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Jason McDaniel<\/div>\n<\/div>\n
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Stephen Boyd, OSHA\u2019s deputy regional administrator for Region VI, spoke about the agency’s new regional emphasis programs targeting the transportation tank cleaning industry during NTTC’s 2021 Tank Truck Week in Dallas, Texas.<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n

Industries covered are based on the self-selected categories in OSHA\u2019s North American Industry Classification System (NAICS). The categories covered by the tank-cleaning REPs are: General freight trucking, local (484110), support activities for rail transportation (488210), other support activities for road transportation (488490), freight transportation arrangement (488510), remediation services (562910), materials recovery facilities (562920), and all other miscellaneous waste-management services (562998).<\/p>\n

\u201cThis program is a partial inspection,\u201d Boyd said. \u201cSo it\u2019s not wall-to-wall. It\u2019s not a comprehensive inspection. It\u2019s limited to tank-cleaning operations and activities associated with the tank-cleaning operation. So inspectors should not be walking throughout your facility. Or if you have a sister facility that has nothing to do with tank cleaning, they should not be over in that area looking at operations within that facility.\u201d<\/p>\n

The critical components covered by the program include permit-required confined spaces (confined spaces with an associated hazard that require permits for entry), respiratory protection, HazCom, and PPE, but CSHOs also may review other hazards, including noise (1910.95), chemical (subparts H, Z), thermal (subpart I, PPE), electrical (subpart S), and fall and struck-by (subpart D) hazards, and any hazards in \u201cplain view.\u201d \u201cThis emphasis program gives OSHA a license to enter your facility, and once they do that, all bets are off, as far as their efforts to expand the scope of that inspection and look into other areas,\u201d Gelb cautioned.<\/p>\n

Permit-required confined spaces<\/h3>\n

Gelb compiled top-five lists for the most commonly violated regulations under each of the four key standards covered by OSHA\u2019s tank-cleaning REPs. The top five for permit-required confined spaces were failures to inform employees or post signs, with 42 violations in the previous 12 months (through October 2021); evaluate the workplace (35), develop a written program (30), prepare a permit before entering (28), and test tank conditions prior to entry (19).<\/p>\n

\u201cNot informing employees of permitted spaces is frequently cited because it\u2019s something that tends to be overlooked,\u201d Gelb said. \u201cSo if you know you have spaces that require permits to enter them, make sure you have a mechanism in place to train employees, so they know and recognize what those spaces are.<\/p>\n

\u201cObviously, one of the easiest ways to do that is to post signage. But signs get painted over, or get damaged and fall off, so make sure you\u2019re tracking that.\u201d<\/p>\n

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National Tank Truck Carriers\/Conn Maciel Carey<\/div>\n<\/div>\n
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OSHA said inspectors will look at controls in place to eliminate or minimize confined-space entry hazards, including atmosphere-detection and other safety-related equipment on hand, and emergency rescue preparedness. \u201cRemember, if you use an outside entity, they have to know that\u2019s your intention,\u201d Boyd said. \u201cSo if you\u2019re going to say, \u2018I\u2019m going to use the fire department,\u2019 you better have communicated with them ahead of time to make sure they have the equipment and training to provide that type of rescue.\u201d<\/p>\n

Training, for rescue workers, employees, and contractors, is critical. Boyd said confined-space entry permits should be kept for a year, and Gelb indicated the best proof of an effective written program is a fully updated batch of cancelled permits that match the dates employees say the entered the tank during interviews. If permits are handled correctly, OSHA can infer the employer\u2019s processes are working, too, Gelb suggested.<\/p>\n

Respiratory protection<\/h3>\n

The top five most commonly violated parts of the respiratory protection standard were for medical evaluations (533), written programs (371), initial and annual fit testing (298), qualitative or quantitative fit testing (157), and failure to provide Appendix D for voluntary use (154).<\/p>\n

Inspectors will evaluate the employer\u2019s respirator selections, Boyd said, attempt to determine if employees have had a correctly documented medical evaluation\u2014which should include an examination in gear\u2014and make sure masks fit snugly, employees know how to use the equipment, and it\u2019s well-maintained. \u201cMake sure you use (respirators),\u201d Boyd said. \u201cHave them hanging up where employees are working, or in their toolbox, so it\u2019s actually helping them when they\u2019re going in the confined spaces.\u201d<\/p>\n

Hazard communication<\/h3>\n

The top five most commonly violated sections of the hazard communication standard involved deficiencies in implementing and maintaining a written program (1,053), providing information and training for specific chemicals or categories of hazards (822), maintaining Safety Data Sheets (372), having Safety Data Sheets (SDSs) for each chemical in use (244), and labeling containers in the workplace (145).<\/p>\n

\u201cMake sure you\u2019ve got a program, and make sure it\u2019s up to date,\u201d Gelb said. \u201cIf you download something, or use a generic program, it\u2019s better than not having anything, but hopefully you work with your safety team or a safety consultant to develop a program tailored to your worksite.\u201d<\/p>\n

The most critical communication employees must receive details chemicals used or cleaned within the facility, how they enter the body, and their associated hazards, Boyd said. Digital SDSs are acceptable, but they must be readily available when needed. They can\u2019t be password-protected or difficult to locate in an emergency. \u201cDo an inventory of the chemicals you have at your site, keep an index of it, cross reference that index against the Safety Data Sheets, and make sure you\u2019ve got all the Safety Data Sheets,\u201d Gelb advised.<\/p>\n

\u201cThat\u2019s a very easy citation to avoid if you do your homework.\u201d<\/p>\n

Personal protective equipment<\/h3>\n

The most common PPE violations were related to certifying completion of an assessment (246); assessing the workplace to determine if PPE is or isn\u2019t needed (188); ensuring that it\u2019s provided, used, and maintained; selecting and having affected employees use the equipment (87); and PPE training (56). Gelb noted the data showed many employers completed the assessment but never documented the results.<\/p>\n

\u201cThat means they\u2019re able to offer testimony or evidence that somebody did go around the facility, evaluate operations, and provide PPE, so clearly they did the assessment, but they\u2019re getting cited just because they didn\u2019t document it,\u201d he said. \u201cThat\u2019s particularly frustrating because it\u2019s a paperwork citation.\u201d<\/p>\n

Employers who aren\u2019t certain what type of PPE they need inside their facility can contact their local OSHA office, or use a consulting service like The Occupational Safety and Health Consultation (OSHCON) program provided to private Texas employers through the Texas Department of Insurance Division of Workers\u2019 Compensation. \u201cIf you\u2019re not sure, make sure you ask, because buying the wrong thing is just a waste of money,\u201d Boyd said.<\/p>\n

Why care?<\/h3>\n

All companies have a moral obligation to protect their employees in the workplace. But for those employers who aren\u2019t taking safety seriously, OSHA has others means of compelling compliance\u2014both financial and reputational.<\/p>\n

Gelb said statistics show that more than 70% of OSHA inspections result in one or more serious citations, which are increasingly costly. The max penalty for other-than-serious and serious violations was $7,000 for many years. That fine jumped to $12,471 per citation in 2016, and has increased annually since. Willful and repeat violations went from $70,000 to $124,709 in 2016\u2014and had reached $136,532 as of January 2021. Employers also now can be fined almost $14,000 per day for failure-to-abate violations.<\/p>\n

Furthermore, the number of repeat violations has doubled, going from 2.4% of the total violations issued by OHSA in 2002 to 5.3% in 2020. That\u2019s particularly bad news for employers covered by these tank-cleaning REPs, which include two of the top-five most frequently cited violations in 2021, No. 2 respiratory protection and No. 5 hazard communication, standards for which CSHOs are \u201clikely going to find some deficient element of your program\u201d unless its thoroughly vetted ahead of time, Gelb said. And when employers are fined for frequently cited standards, their risk of receiving repeat citations increases.<\/p>\n

Still not convinced? Shame on you. \u201cEven as OSHA has increased the penalty structure, there is a perception in the agency that a $250,000 citation still may not always be enough to move the needle with employers,\u201d Gelb said. \u201cSo how do you exert greater pressure on the regulated community to get them to comply?<\/p>\n

\u201cOne way is to essentially pull their reputation into the mix.\u201d<\/p>\n

Under the current administration, press releases are issued quickly, they\u2019re heavily publicized, their more emotionally charged\u2014and they\u2019re not retracted, even when citations are successfully challenged.<\/p>\n

What now?<\/h3>\n

Know your rights, your employees\u2019 rights, and the rights granted to OSHA by these REPs, and make sure employees are equally educated.<\/p>\n

\u201cIf your thinking is, \u2018Well I\u2019m going to refuse entry,\u2019 OSHA can then just go to a judge and say, \u2018We have an emphasis program, and this employer is covered under the emphasis program by virtue of their NAICS code,\u2019 and they will be granted entry into your facility,\u201d Gelb said, adding they likely won\u2019t be as amicable upon return.<\/p>\n

Inspections should start with an opening conference in which the ground rules are established. Employers are allowed to protect trade secrets, accompany CSHOs at all times, and participate in management interviews. OSHA can talk to hourly employees in private, but conversations on the shop floor should last no more than five minutes, Gelb advised, and any disruptions or requests should be \u201creasonable.\u201d<\/p>\n

Inspectors will ask for OSHA 300 logs and 300A forms, and any first aid and\/or nursing logs, so have those handy. It\u2019s also a good idea to identify the inspection team beforehand, including who will serve as the employer\u2019s primary spokesman, who will escort inspectors through the facility, and who will manage documents.<\/p>\n

Gelb\u2019s advice for preparation includes reviewing key written programs, retraining employees or refreshing their knowledge, retaining a safety consultant if there are any questions or concerns about the process, and considering who will provide legal counsel if OSHA finds a problem during the inspection.<\/p>\n

\u201cIf the compliance officer points out something lacking or defective, go ahead and fix it or update it,\u201d Gelb said. \u201cDon\u2019t admit, \u2018Yeah, you\u2019re right, that\u2019s a violation.\u2019 Just say, \u2018OK, we\u2019ll address that.\u2019 You can gain a lot of good will by doing that.\u201d<\/p>\n

 <\/p>\n

By Jason McDaniel<\/a><\/span><\/p>\n

Source https:\/\/www.fleetowner.com\/<\/a><\/p>\n

 <\/p>\n

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The U.S. Department of Labor\u2019s\u00a0Occupational Safety and Health Administration\u00a0(OSHA) now is scrutinizing tank-cleaning operations across 11 states in an effort to make the job safer for workers in the industry. OSHA initiated the endeavor in August with the concurrent establishment of Regional Emphasis Programs (REPs) in Regions V and VI that target the transportation tank…<\/p>\n","protected":false},"author":3,"featured_media":13725,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18],"tags":[212],"_links":{"self":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts\/13724"}],"collection":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/comments?post=13724"}],"version-history":[{"count":1,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts\/13724\/revisions"}],"predecessor-version":[{"id":13726,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts\/13724\/revisions\/13726"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/media\/13725"}],"wp:attachment":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/media?parent=13724"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/categories?post=13724"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/tags?post=13724"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}