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Top 10 Most Commonly Cited OSHA Violations

Are OSHA violations still a major concern in the United States?

Unfortunately, yes. While it’s true that the Federal Occupational Safety and Health Administration (OSHA) has played a significant role in improving employee safety standards, many workplaces are still deemed unsafe.

For example, in 2021, OSHA health and safety inspectors carried out 24,333 federal inspections and discovered that 4,764 workers had died on the job in the previous year. The industries that accounted for nearly half of the fatal occupational injuries were:

  • Transportation
  • Material-moving jobs
  • Construction
  • Extraction jobs

We’ve written this post to assist both employers and employees identify and fix safety violations. We’ll explore the 10 most commonly violated OSHA standards as reported by OSHA inspectors and discuss ways you, as an employer, can address these concerns.

1. Fall Protection (29 CFR 1926.501)

According to the Bureau of Labor’s Census of Fatal Occupational Injuries Summary, there were 850 fatal falls recorded in the U.S. in 2021, up 5.6% from 2020. Falls, slips, and trips in construction and extraction occupations accounted for 370 of these 2021 fatalities.

You can reduce the likelihood of these incidents by adhering to the OSHA Fall Protection standard. This is a standard with two main requirements for employers:

  • Provision of fall protection systems such as guardrails, safety nets, personal fall arrest systems
  • Provision of fall protection training to employees working at elevated heights greater than six feet

You can fulfill the first requirement by installing appropriate fall protection equipment, and the second by enrolling workers in regional OSHA Training Institute Education Centers.

Additional information to help managers prevent slips and trips in the workplace can also be found on our website under accident prevention.

2. Respiratory Protection (29 CFR 1910.134)

The OSHA Respiratory Protection standard protects workers from hazardous airborne contaminants. Employers are mandated to do two things:

  • Establish and maintain a respiratory protection program
  • Provide workers with adequate respiratory protection

OSHA inspectors note that the biggest violations of this standard involve non-compliance especially as it regards:

  • Medical evaluations
  • Securing respiratory protection PPE
  • Fit testing
  • Developing a comprehensive respiratory protection program
  • Identifying respiratory workplace hazards

Need a bit of assistance? We’ve got a wide-range of resources to help with respiratory protection available online.

3. Ladders (29 CFR 1910.1053)

Many industries use ladders, from firefighting to construction. The OSHA Ladder Standard demands that employers make efforts to ensure that:

  • Workers use ladders safely
  •  Ladders are kept in good working condition
  • Faulty, old, and worn-out ladders are replaced

Failure to observe these requirements can lead to falls and various workplace injuries.

Violations of this ladder standard typically present themselves as:

  • Employees failing to use ladders in a manner deemed safe
  • Employees using broken or defective ladders
  •  Employees failing to correctly extend ladders to reach landing surfaces

Invest in our high-quality training courses, booklets, and posters and easily bring your teams up-to-date with the latest in ladder safety.

4. Hazard Communication (29 CFR 1910.1200)

The OSHA Hazard Communication standard deals with the necessity of transmitting information to employees about the chemicals they’re working with.

Employers are required to provide workers with knowledge of the chemicals they use, their hazardous nature, the correct way of handling them, and the potential detrimental health effects.

Most employers breach this standard by failing to:

  •  Implement a Hazards and Communication (HazCom) program
  • Train staff on hazardous substances
  • Create and maintain Safety Data Sheets

Fortunately, training staff on HazCom best practices just got easier thanks to our Hazard Communication resources. 

5. Scaffolding (29 CFR 1926.451)

Masons, framers, and roofing experts are just some of the people most at risk if the OSHA Scaffolding standard isn’t maintained. That’s because they tend to work with scaffolding the most.

Scaffolding, a common work platform seen across many construction sites, should be designed by a professional, erected as directed, and tested for safety prior to use.

Scaffolding is meant to provide a stable platform for workers to stand upon as they do their job, while also protecting them from falling over.

OSHA violations of this standard can be seen in the:

  • Failure of employers to provide guardrail systems
  • Failure to use cross-braces for stability
  • Failure to test planking/decking before use

Demonstrate your commitment to creating a safe and secure workplace with these scaffolding safety resources.

6. Fall Protection Training (29 CFR 1926.503)

The OSHA Fall Protection Training standard goes hand-in-hand with the Fall Protection standard, complementing it.

This training standard is engineered to teach workers about workplace dangers that could lead to falls and the manifold means of preventing them.

Employers are obligated, under this standard, to provide employees with fall protection training so workers know how to correctly use the fall protection systems.

With our Fall Protection Training resources, imparting knowledge on how to stay safe and prevent falls is now a seamless affair. 

7. Control of Hazardous Energy (lockout/tagout) (29 CFR 1910.147)

The goal of the OSHA Lockout/Tagout (LOTO) standard is the prevention of workplace accidents triggered by the unintentional startup of machinery.

In order to comply with this standard, employers must do the following two things:

  • Develop and implement a lockout/tagout program
  • Teach employees the correct techniques to control hazardous energy

This standard is most often violated when employees:

  • Fail to train workers in general LOTO procedures
  • Fail to establish energy control programs
  • Fail to carry out periodic workplace machinery inspections

Regular LOTO training goes a long way in mitigating machinery-related accidents. Ensure your workers receive quality Lockout/Tagout safety training thanks to our comprehensive resources.

8. Eye and Face Protection (29 CFR 1926.102)

Workplaces can become dangerous because of sparks, flying debris, and various hazardous materials. These often cause eye injuries, which is why the OSHA Eye and Face Protection standard was created.

It mandates employers to:

  • Furnish workers with necessary eye and face protection
  • Train employees how to correctly wear and use this PPE

For more information on how to protect employee’s eyes and faces on the job site visit our National Safety Compliance website eye safety page.

9. Powered Industrial Trucks (29 CFR 1910.178)

Industrial trucks are used across different industries and workplaces in the U.S. However, their use must be regulated and accompanied by training on safe workplace utility.

The OSHA Powered Industrial Trucks standard provides guidance on what safety precautions employers are meant to put in place to safeguard their employees. One requirement is to train workers on the proper operation of powered industrial trucks.

Prevent driving accidents and remind workers of safe driving practices with our driving safety posters, games, and video kits.

10. Machinery and Machine Guarding (29 CFR 1910.212)

With workplaces like manufacturing plants and industries that are powered by machinery, it was pivotal to develop a standard that related specifically to machinery. That’s where we get the OSHA Machinery and Machine Guarding standard.

This standard is designed to teach workers how to prevent injuries from moving parts while working.

Violations of this standard typically revolve around employers failing to train their employees about how to safely operate machinery and avoid being injured by moving machine parts.

Fostering a safe workplace begins with training and is preserved with educational posters like our Machine Safeguarding resources.

The Bottom Line

Employers and employees have an important role to play in preventing and reducing OSHA violations. Improving the workplace and making it safer and more secure is a team affair. A careful study of these standards and examination of your own current practices doesn’t just protect your workers and save lives, but it can lead to a more functional, effective, and profitable workplace altogether.

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Workplace Safety During the Holidays

Holiday workers

The busy holiday season brings with it many challenges for keeping employees safe. Extra hours, increased demand, and potentially, even seasonal employees can all increase safety concerns. It is vital for employers to be vigilant in training employees about hazards in the workplace and safety protocols this time of year.

The importance of safe and healthy workplaces never takes a break. Keeping this in mind will help employers stay focused on one of the most vital responsibilities they have, which is providing a safe work environment for all employees.

The holiday season can also bring added stress to the workplace. Employers should be providing employees with tools to manage stress. While there are many things in life that induce stress, unfortunately, work can be one of those factors. However, workplaces can also be key places for resources, solutions, and activities designed to improve well-being.

At National Safety Compliance we offer the tools and information businesses need to create safe, efficient, and compliant workplaces. OSHA’s website also offers a variety of resources to assist employers in helping and informing their employees of ways to stay safe at work.

Helpful OSHA Resources:

Holiday Safety Topics:

  • Crowd Management
  • Ergonomics
  • Forklift Safety 
  • Safe Driving
  • Temporary/Seasonal Workers
  • Winter Weather Hazards/Precautions
  • Warehousing Safety
  • Workplace Stress
  • Young Workers

Sometimes seasonal employees are young workers and also temporary workers. Host employers must treat temporary workers as they treat existing workers. It is especially important to include adequate training for young temporary workers. Temporary staffing agencies and host employers share control over the employee and are therefore jointly responsible for the employee’s safety and health.

Often temporary or seasonal workers are workers supplied to a host employer and usually paid by a staffing agency, whether or not the job is actually temporary. All workers have a right to a safe and healthy workplace, whether temporary or permanent. Actually, the staffing agency and the host employer are temporary workers’ joint employers; therefore, both are responsible for providing and maintaining a safe work environment for those workers.

The staffing agency and the host employer must work together to ensure that all OSHA requirements are fully met. OSHA recommends that the temporary staffing agency and the host employer set out their respective responsibilities for compliance with applicable OSHA standards in their contract. This is to ensure that there is a clear understanding of each employer’s role in protecting employees. In order to clarify the employer’s obligations, including such terms in a contract will help avoid confusion as well as ensure that each employer complies with all relevant regulatory requirements.

All year long, employers must ensure that every worker is properly trained. Employees must be equipped to recognize and prevent job hazards and implement safe work practices. The busy holiday season is no exception, safety is too important to neglect.

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Confined Spaces Pose Safety Risks for Workers

confined spaces

Fatal injuries in confined spaces average 92 fatalities per year, according to the US Department of Labor. That’s almost two per week. Many workplaces contain spaces that are considered confined. The configuration of these places hinders the activities of employees who must enter, work in, and exit them. A confined space has limited or restricted means for entry or exit.

Confined spaces include, but are not limited to underground vaults, tanks, storage bins, manholes, pits, silos, process vessels, and pipelines. Workers in many industries are required to access them in order to obtain equipment, make repairs, and perform routine maintenance.

The most common risks of working in confined spaces include:

  • Limited entrances or exits
  • Poor air quality
  • Inadequate oxygen
  • Exposure to gases and dangerous toxins (which are more likely to build up to dangerous levels in confined spaces)
  • Extreme temperatures
  • Structural dangers
  • Risk of fires or explosions
  • Electrical hazards
  • Drowning risk in trenches, pipelines, or water tanks

Construction workers often perform tasks in confined spaces. However, the risk is not limited to construction workers. Agricultural workers, electricians, and maintenance workers are also at high risk of being injured in confined spaces. Spaces such as pits, manholes, and crawl spaces are not designed for continuous occupancy. It can be very tricky to exit these. An emergency makes escaping even more difficult. Confined spaces can present life-threatening hazards. Hazards such as toxic substances, electrocutions, explosions, and asphyxiation. Exposure to these hazards can largely be prevented if addressed prior to entering the space to perform work.

By definition, a confined space is not designed for continuous employee occupancy. According to OSHA, it is the employer’s responsibility to evaluate the workplace to determine if any spaces are confined spaces. Indeed, worker training is essential to the recognition of what constitutes a confined space and the hazards that may be encountered in them. For instance, if it is a confined space, the next step is to determine if it is a permit-required confined space.

Permit-Required Confined Space Characteristics:

  • Contains or has the potential to contain a hazardous atmosphere
  • Contains a material that has the potential to engulf an entrant
  • Has walls that converge inward
  • Has floors that slope downward and taper into a smaller area
  • Could trap or asphyxiate an entrant
  • Contains any other recognized safety or health hazard, such as unguarded machinery, exposed live wires, or heat stress

In general, the Permit-Required Confined Spaces Standard requires the employer, to evaluate the workplace to determine if any spaces are permit-required confined spaces. If workers are authorized to enter permit spaces, a comprehensive permit spaces program must regulate employee entry into permit spaces. OSHA provides detailed specifications of the elements of an acceptable permit spaces program.

Further, permit spaces must be identified by signs. Entry must be strictly controlled and limited to authorized persons. An important element of the requirements is that entry be regulated by a written entry permit system. In addition, proper atmospheric evaluation and testing of the space before and during any entry by workers. Further, an entry must be monitored by an attendant outside the space. Additionally, a rescue plan is required in the event of an emergency. In order for a rescue to be successful, the confined space safety plan must be quickly accessible to all employees.

Worker training is vital to keeping workers safe. In fact, OSHA outlines training requirements and specific duties for authorized entrants, attendants, and supervisors. According to OSH Online, Eighty-five percent of fatalities in confined spaces were among people who hadn’t been trained. Therefore, it is clear, proper training can save lives. In the same way, the reality is with proper training and equipment, the loss of workers in confined spaces can be prevented.

Our Confined Space Entry Training Course topics include:

  • Contents of OSHA Standard 1926 Subpart AA
  • Confined space definition
  • Hazards of confined spaces
  • Confined space entry procedures
  • Training for entrants, attendants, and supervisors
  • Acute or chronic effects of working in confined spaces
  • Permit-required confined spaces
  • Emergency rescue from confined spaces
  • Personal Protective Equipment in Confined Spaces

This training is appropriate for any workers who will work in or around confined entry spaces. As a result of completing this training, workers will be certified in the OSHA Standard 1926 Subpart AA and should be able to use sound judgment and work within confined spaces safely. Thus, this training is also suitable for supervisors, and managers. Similarly, it is effective to train the trainer or as a refresher course for seasoned employees.

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Safety Programs Save Money

Injuries Cost Businesses however, Safety Programs Save Money

Have you ever thought about how much a workplace injury costs your business?

OSHA’s $afety Pays tool is an online calculator. This tool uses current data on workplace injury costs to calculate the direct and indirect costs to your business. This helpful resource emphasizes the importance of having an organized safety program. The results may surprise you.

Whether you are a small start-up, an established business, or just ready to start managing safety in a more responsible way, there are some simple steps you can take. Completing these steps will give you a solid base to begin your safety program.

10 Simple Steps

  1. Lead by example
  2. Establish safety and health as core values
  3. Implement a reporting system
  4. Provide training
  5. Conduct inspections
  6. Collect hazard control ideas
  7. Implement hazard controls
  8. Address emergencies
  9. Seek input on workplace changes
  10. Make improvements

Keeping the Safety Program a Priority

Communicate to your workers that making sure they go home safely is the top priority. Assure them that you will work with them. Proactively find and fix any hazards that could injure employees. Practice safe behaviors yourself. Make safety part of your daily conversations with workers.

Develop and communicate a simple procedure for workers to report all injuries, illnesses, and incidents. Furthermore, hazards or safety and health concerns should be easily reported without fear of retaliation. Additionally, it is profitable to provide an option for reporting concerns anonymously. It is especially important to include near misses/close calls.

Train workers on how to identify and control hazards in the workplace. Inspect the workplace with workers for the purpose of asking them to identify any activity, piece of equipment, or materials that concern them. Also, be sure to use checklists to help identify problems.

Ask workers for ideas on improvements and follow up on their suggestions. Coupled with providing time to research solutions. Assign workers the task of choosing, implementing, and evaluating the solutions they come up with. Whenever possible, identify foreseeable emergency scenarios. Then, follow up by developing instructions on what to do in each case. Finally, meet to discuss these procedures and post them in a visible location in the workplace.

Finally, set aside a regular time to discuss safety and health issues, with the goal of identifying ways to improve and effectively implement the program.

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Heat Illness Prevention in the Workplace

Heat illness is preventable, even though Millions of U.S. workers are exposed to heat in their workplaces. Every year, thousands become sick from occupational heat exposure. Some cases are fatal. Most outdoor fatalities, 50% to 70%, occur in the first few days of working in hot environments. This is because the body needs to build a tolerance to the heat gradually over time. Lack of acclimatization is a major risk factor for fatal outcomes. However, illness from exposure to heat is preventable.

Since 2011, a focus on keeping workers safe while working in the heat has made great progress. However, there is still significant work to be done. OSHA’s Heat Illness Prevention campaign comes down to three keywords: Water. Rest. Shade.

New employees will need time to build a tolerance to the heat. Especially during their first few days in warm or hot environments. Workers who are new to working in warm environments are at increased risk of heat-related illness. Especially during a worker’s first few days, absolutely all symptoms should be taken seriously.

Workers who develop symptoms should be allowed to stop working. They should receive an evaluation for possible heat-related illnesses. Employers should encourage new workers to consume adequate fluids (water and sports drinks), work shorter shifts, take frequent breaks, and quickly identify any heat illness symptoms

Heat-Related Dangers

Every year, dozens of workers die and thousands more become ill while working in extreme heat or humid conditions. There is a range of heat illnesses and they can affect anyone, regardless of age or physical condition.

Employers should recognize that not all workers tolerate heat the same way. Therefore, workplace controls should focus on making jobs safe for all employees. Workers should receive training about personal factors that can make them more susceptible to heat-related illness. When in doubt, workers should talk to their healthcare provider about whether they can work safely in the heat.

Responsibility to Protect Workers

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program including these 6 steps to prevent heat illness.

  1. Train workers in prevention
  2. Provide workers with water, rest, and shade
  3. Allow new or returning workers to gradually increase workloads
  4. Take more frequent breaks as they build a tolerance for working in the heat
  5. Plan for emergencies
  6. Monitor workers for signs of illness

We offer safety training that includes keeping workers safe in heat-exposed jobs. This covers what workers need to know – including factors for heat illness. As well as, adapting to working in indoor and outdoor heat and protecting workers. Furthermore, it includes recognizing symptoms and first aid training. Our heat illness training materials meet OSHA workplace standards.

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Tips, Mistakes and Standards for Machine Guards

Both OSHA and ANSI have standards in place for protecting workers who operate dangerous machinery — and if your industry is impacted by such regulations, you’re likely well-aware of the statistics about amputations, lacerations, and other injuries that come from improper machine guarding. Still, it’s worth noting that improper machine guarding was one of the top OSHA citations of 2021, and has held a place on this list every year for the past decade.

So if machine guard safety isn’t on your list of priorities, it should be. Let’s take a look at some of the safety standards surrounding machine guarding, then we’ll follow up with some actionable steps you can take today to improve compliance and avoid mistakes in the future.

OSHA Standards for Machine Guards

OSHA Standard 1910.212 covers general machine guarding requirements for all machines. The standard defines machine guarding and gives examples (including barrier guards, two-hand tripping devices, and electronic safety devices).

While you can read the full standard at the link above, here are the main points:

Affixing guards to machines. Whenever possible, a guard should be affixed to the machine, and the guard should never cause a hazard in itself.

Point of operation guarding. The “point of operation” is the area where someone processes a material. For example, the point of operation on a table saw would be the table area around the exposed blade. Points of operation must be guarded so that the operator doesn’t have any of their body parts exposed to hazards while operating. While not all machines require point of operation guarding, here are a few that do:

  • Shears
  • Power presses
  • Milling machines
  • Portable power tools
  • Guillotine cutters
  • Power saws
  • Jointers
  • Forming rolls and calendars

Barrels, containers and drums have specific guidelines for enclosures, as well as exposed blades on fans. Fixed machinery also should be anchored for added safety.

How to Avoid Mistakes with Machine Guarding

There are a number of steps you can take to avoid mistakes with machine guarding and keep your workplace safe and incident-free. Here are the top tips for setting your work environment and machinery up to ensure worker safety.

Check all of your equipment.

Every machine, from the years-old hydraulic press in the back of the shop to the brand new plastic injection molding machine you just purchased, needs to be checked against OSHA machine guarding standards. It’s surprisingly common for even brand-new machinery to lack proper guards and shields — so run a complete audit of all of the machines in your work area and make a plan for updating or upgrading those that don’t include proper guards.

Replace faulty or outdated machine guards.

After you’ve audited your workplace machinery for safety, replace or add guards to machines that didn’t meet the standard. If you’re unsure of how to do this, check out OSHA’s machine guarding resource. While it’s not comprehensive, this tool does cover some of the most common hazardous machines (saws, presses, and plastics machinery) and ways to employ guards to protect the people who operate them.

When replacing guards, be very careful to use the right materials. One of the most common mistakes is failing to use the right materials, which can render the guard ineffective or make it even more dangerous.

Know the types of machine guarding, and which applies to each machine.

Not all machines need the same types of guarding, and some require unique considerations. Here are some of the main types of machine guarding and what they’re used for:

  • Fixed guards. Fixed guards are permanent parts of a machine that are usually very simple, like a barrier guard or a screen. These guards provide maximum protection without requiring much maintenance, although they can inhibit visibility in some cases.
  • Interlocked guards. An interlocked guard is a mechanical device that automatically turns a machine off when the guard is removed or opened — like the door of a microwave. Interlocked guards are very effective but can present hazards when they’re removed for maintenance.
  • Adjustable guards. Adjustable guards are exactly what they sound like: guards that expand or contract to accommodate different shapes and sizes of materials. Because they require manual adjustment, however, workers must be specifically trained on how to use these guards in order for them to be effective.
  • Self-adjusting guards. A self-adjusting guard begins in a “rest” position and only moves out of the way to allow a material to pass through the danger zone before returning to a guarded position. A retractable plastic guard on a circular saw is an example of a self-adjusting guard.

Don’t remove machine guards.

Some workers may be inclined to remove guards to speed up their work or make it easier to clean or service the machine. If this is the case at your workplace, you may need to set new expectations for your employees — and consistently apply discipline to those who don’t follow them. Employees should be required to:

  • Keep machine guards on while machines are in use
  • Promptly replace guards on machines after cleaning or performing routine maintenance
  • Notify a supervisor if a guard is broken or missing
  • Sign an agreement stating that they understand your organization’s rules and regulations around machine guarding, and that they are aware of the consequences of breaking these rules

Training is one of the best preventative measures you can take to ensure your employees’ safety when using machines. If you don’t already have a machine guarding program, consider implementing one like the Machine Safeguarding Training Course available here. Having a standardized training program levels the playing field for your team, and helps you rest assured that everyone has undergone the latest machine guarding training.

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Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace Part 1

What Employees Should Know About COVID-19 Protections in the Workplace

SARS-CoV-2, the virus that causes COVID-19, spreads mostly among unvaccinated people who are in close proximity to each other. The virus spreads particularly indoors and especially in poorly ventilated areas.

Vaccination is an essential element in a multifaceted approach to protect workers. If your employer offers opportunities to take time off in order to get vaccinated, take advantage of the time offered. Vaccines authorized by the U.S Food and Drug Administration (FDA) are effective at protecting those vaccinated against symptomatic and severe cases of COVID-19 and death. A growing body of evidence suggests that those fully vaccinated are less likely to have symptomatic infection or transmit the virus, according to the Centers for Disease Control and Prevention (CDC).

Many employers have created COVID-19 prevention programs that include precautions to keep unvaccinated or otherwise at-risk employees safe. Created prevention programs might include:

  • Telework
  • Flexible schedules
  • Engineering controls (especially ventilation)
  • Administration policies (e.g. vaccination policies)
  • PPE
  • Face coverings
  • Physical distancing
  • Enhanced cleaning programs, focusing on high-touch surfaces

The recommended precautions and policies of your workplace should be followed. These multi-layered controls are specific to your workplace and are particularly important to unvaccinated or otherwise at-risk employees.

In addition to these guidelines, the CDC now recommends those that are fully vaccinated wear a mask in public indoor settings where there is a potential of substantial or high transmission. Still, those fully vaccinated might choose to mask, regardless the level of transmission. This choice might depend on if they or someone in their household is immunocompromised or at an increased risk of severe disease, or if others in their household are unvaccinated.

Ask your employer about prevention policies and plans for your workplace. Additionally, employees with disabilities who are at risk may request reasonable accommodation under the Americans with Disabilities Act (ADA).

If your employer does not have a COVID-19 prevention plan and you are unvaccinated or otherwise at risk, you can help protect yourself and others by following the steps below:

  • Get a COVID-19 vaccine as soon as you can. Check with your employer about paid leave opportunities, if necessary, to get vaccinated and for recovery time from any side effects.
  • Wear a face covering. When properly worn, face coverings are simple barriers worn over the mouth, nose, and chin. These coverings help prevent your respiratory droplets or large particles from reaching others. Higher quality masks are encouraged, as they provide a greater measure of protection. When working outdoors, you may opt to not wear a face covering; however, should you choose to, your employer should support you in safely wearing a face covering continuously, especially if you work closely with others.
  • Social Distance. Unless fully vaccinated or not otherwise at-risk, stay far enough away from others that you are not breathing in respiratory particles produced by them. This distance is generally 6 feet (about 2 arm lengths). Please note that this is not a guarantee that you will avoid infection, especially if you are in enclosed or poorly ventilated areas.
  • Take advantage of telework or flexible schedule policies, if offered by your employer.
  • Perform work tasks, hold meetings, and take breaks outdoors when possible.
  • Participate in any training offered by your employer to learn how rooms in your workplace are ventilated effectively, if offered. Encourage your employer to provide such training if it does not already exist. If you see any vents that are clogged, dirty, or blocked by furniture or equipment, notify your building manager.
  • Practice good personal hygiene and wash your hands often. When you cough or sneeze, cover your mouth and nose with a tissue or the inside of your elbow. Do not spit. Monitor your health daily and check for COVID-19 symptoms (fever, cough, shortness of breath, etc.)
  • Get tested regularly, especially if you live in areas of substantial or high community transmission.

COVID-19 vaccines are safe and highly effective at preventing you from getting COVID-19. If you are not yet fully vaccinated or otherwise at-risk, these multi-layered controls provide optimum protections that prevent exposure and infection.

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A Quick Guide to HIPAA Compliance Training Requirements for Employers

A quick guide to HIPAA Complianc

 

To most, HIPAA compliance boils down to a simple concept: the security of patient medical information and data. With these guidelines in place, patients expect their medical data will remain private and protected from prying eyes or theft. It is your responsibility, if your company works with protected patient information, to ensure that your employees are properly implementing HIPAA compliant procedures.

A lot goes into designing HIPAA compliance training. While training should be tailored to the individual jobs at hand, there is plenty about HIPAA that every relevant worker should know. If you’re planning a class and need a simple to use HIPAA training kit with an instruction video, lesson plan, PowerPoint Presentation and certification test: we’ve got you covered.

What is HIPAA?

The Health Insurance Portability and Accountability Act, or HIPAA, is a federal law designed to protect patient health information from being disclosed without the patient’s consent or knowledge. HIPAA encompasses not only the original act but several subsequent legislative acts and together they form a vast number of regulatory requirements for a variety of entities.

What industries require HIPAA training?

The simple answer is that HIPAA regulations will apply to Covered Entities and their Business Associates. Basically, anyone who could possibly come in contact with protected health information should receive HIPAA training. This includes more obvious healthcare roles like doctors, nurses, medical receptionists and hospital recordkeepers. However, there are roles outside of the traditional healthcare system who also should be trained in HIPAA regulations.

What is a covered entity?

  • Healthcare providers, including but not limited to clinics, hospitals, and private practices for medical, dental, psychological, chiropractic, etc.
  • Health insurance providers, including but not limited to health insurance companies, HMOs, company healthcare plans, Medicare and Medicaid.
    • This section also includes the staff that handles the sign-up process for employees or students at their company for health plans—oftentimes, these are human resources professionals.
  • Healthcare Clearing House

What is a business associate?

Covered entities often work with vendors or subcontractors to handle important tasks like data storage, networking or other information technology services. Other vendors or subcontractors could include companies that provide shredding services of sensitive documents, lawyers, translation services, medical equipment professionals, answering or reception services, consultants.

With those definitions in place, let’s look at what HIPAA says about required training in the regulatory code text. The training section in the Privacy Rule states a covered entity must train all member of its workforce on the policies and procedures as necessary and appropriate. Any covered entity or business associate employee, with potential access to protected health information (PHI), must be provided regular training. The Security Rule states covered entities and business associates must implement a security awareness and training program for all members of its workforce.

What topics should be covered in HIPAA training?

HIPAA takes a somewhat vague approach to training. The law does not give specifics about required training. So, the implementation of specifics of HIPAA requirements are considered “addressable,” which simply means they must be followed but provide covered entities a level of flexibility in how they comply with the standard.

Covered entities must decide whether a given addressable implementation specification is reasonable and appropriate security measures apply within their framework. Their decisions must be documented in writing and the written documentation should include factors considered as well as the results of the risk assessment on which the decision was based.

With that documentation in place, training can be conducted with a “custom-fit” approach. It is important to train employees on many aspects of the HIPAA regulations, but the training does not have to be comprehensive on all topics. Ideally, training should be more about the company policies and procedures to ensure compliance with HIPAA law. Even so, there are some basic HIPAA components which should be covered including the following:

Important HIPAA training topics

  • The HIPAA Privacy Rule
  • The HIPAA Security Rule
  • Patients’ Rights
  • Rules on PHI disclosures
  • Safeguarding electronic PHI or ePHI
  • Preventing HIPAA Violations
  • Breach Notifications
  • Compliance and Enforcement

There are additional areas on which employees might need training. Ultimately it is up to the covered entity to determine the topics covered and make sure their employees are trained, and compliance with HIPAA is happening.

When should employees receive HIPAA training?

The Privacy Rule states that HIPAA training is required for “each new member of the workforce within a reasonable period of time after the person joins the Covered Entity’s workforce” and also when “functions are affected by a material change in policies or procedures” – again within a reasonable period of time. This implies training should occur the first few days and not months later.

How often is HIPAA training required?

According to the Security Rule, HIPAA training is required periodically. Most covered entities meet this requirement by holding annual training sessions. Annual training helps to protect the employer and employees by ensuring employees are:

  • “Refreshed” on HIPAA regulations
  • Aware of any policy changes that may have occurred since their last training session
  • Knowledgeable about cybercrime and ways to protect against it

While annual training is sufficient to meet HIPAA’s periodic requirements, holding additional training sessions throughout the year is not a bad idea. These other sessions can be shorter and provide quick info to reinforce employee’s knowledge and compliance with HIPAA.

Tips for HIPAA compliance training

An effective HIPAA training program allows employees to participate in the training process and to practice their skills or knowledge. This will help to ensure they are learning the required knowledge or skills. Employees can become involved in the training process by participating in discussions, asking questions, contributing their knowledge and expertise, learning through hands-on experiences, and through role-playing exercises.

 Steps can be taken to help ensure employees are attentive and engaged during HIPAA training.

  • Keep training sessions under an hour in length. Long training sessions lose the attention of the trainees.
  • Keep the employees engaged. Asking questions and encouraging conversation helps to keep employees plugged-in to the training session.
  • Keep handouts to a minimum and make sure the ones you hand out are meaningful. Too many handouts will draw the employee’s attention away from what is currently being discussed.
  • Include various media for different learning types, including videos, classroom presentations, quizzes and discussion.
  • Make HIPAA compliance training simple

HIPAA compliance requires frequent and effective training that gives your employees the tools and knowledge they need to implement these critical guidelines in their everyday work. The best HIPAA training courses will combine interactive elements with classroom lecture and discussion to help your employees learn and implement these crucial guidelines.

Ready to train your employees? NSC makes HIPAA compliance easy. Our all-in-one HIPAA Compliance training course contains everything you need to run a successful class, including a training video developed by industry experts, classroom presentation, supplemental handouts and printable certificates. This course is available on DVD, digital access, or in a self-guided online training course.

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Major Changes to 29 CFR 1910 General Industry & 29 CFR 1926 Construction in 2021

Published hard copies of CFR (Code of Federal Regulation) are useful to have in the field or on the floor. They work well as a quick reference to identify and cite potential OSHA violations or as a guide to spot areas where worker protections could be improved while crafting updated safety plans and avoiding costly fines.

A published CFR is only as useful as its contents remain relevant. Edits are made to the codification of rules in the Federal Register frequently. Some of the changes are small—clarifications, small tweaks to tables, editing for conciseness—but ultimately do not modify the rule in a significant way.

However, critical updates and major changes to rules do occur with relative frequency. If your print copy of 29 CFR 1910 or 20 CFR 1926 hasn’t been updated in a while, you may be missing crucial information.

We know that comparing everything that has changed can be a challenge. That’s why we’re here to make checking this round of CFR updates simple. This guide will cover and summarize only major changes from January 1, 2018, to December 31, 2020.

Changes to 29 CFR 1910 Occupational Health and Safety Standards for General Industry in 2018 – 2020

§1910.134 Respiratory protection

Several key changes were made to the Respiratory Protection Standard that applies not only to general industry but also shipyards, marine terminals, long shoring, and construction. These changes add new sections C.4 and C.5, as well as Appendix A on Fit Testing Procedures.

2021 additions to 29 CFR 1910.134 Respiratory Protection Standard include:

  • Updates to fit test exercises. Now, it is required for employers to perform fit tests for all methods listed in the appendix, except for the two modified ambient aerosol CNC quantitative fit testing protocol, CNP quantitative fit testing protocol and the CNP redon quantitative fit testing protocol. In regards to the two modified ambient aerosol CNC quantitative fit testing, they have their own exercises listed in Part I.C(4)b, Part I.C.5(b), or Part I.C.(6) for full or half-mask elastomeric respirators or for filtering facepiece respirators.
  • A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing Protocols for Full-Facepiece and Half-Mask Elastomeric Respirators is now included in Table A-1.
  •  A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing has been added to Table A-2.

§1910.1024 Beryllium

The beryllium standard for general industry was updated to better align the regulations with industry needs and the rules outlined in other beryllium standards like 1926.1124. The most recent updates are effective as of September 14, 2020.

Recent additions to 29 CFR 1910.1024 Beryllium Standard include:

  • Defines beryllium sensitization, an immune response found in people who have been exposed to airborne beryllium that can lead to CBD (chronic beryllium disease).
  • Updates the method of compliance to state more broadly “exposure” instead of “airborne exposure or dermal contact.”
  • Personal protective equipment must now be removed once the worker has completed their beryllium-related task, not at the end of their shift.
  • If employees have skin exposed to beryllium, they must wash the exposed skin at designated times.
  • Personal protective equipment must have beryllium cleaned off as much as possible before entering or using an area where workers will be eating or drinking

Changes to 29 CFR 1926 General Industry in 2018 – 2020

§1926.1427 Cranes and Derricks in Construction Operator Qualifications

This major change was released in two parts with the qualifications and certifications going into effect December 10, 2018, and amendments (a) and (f) on evaluation and documentation requirements went into effect on February 7, 2019.

Updates for 2021 to 29 CFR 1926.1427 Cranes and Derricks in Construction Operator Qualifications Standard include:

  • Crane certification is no longer by capacity, instead, it must be by type as defined by the accredited certifying organization.
  • Employers must have all operators certified under new rules by December 10, 2018, at the employers’ expense.
  • Certified operators must then be qualified on the equipment they use in their workplace, otherwise, they are considered an operator-in-training and cannot work without direct supervision from a qualified trainer.
  • A qualified person must be either an employee or an agent of the employer with the knowledge and experience necessary to direct in-training operators.
  • A qualified person must be in the field of vision and watch the operator-in-training closely.
  • Evaluations are conducted to ensure the operator can perform work safely on their assigned equipment.
  • Evaluations are conducted to ensure the operator has mastered all necessary knowledge, skills, and abilities to avert risks and safely perform work duties using their assigned equipment.

§1926.1124 Beryllium in Construction and Shipyards

The most recent changes to the rules for Beryllium in Construction went into effect on 9/30/2020, however, the standard has been updated several times since 2018, mostly for clarity and to better align with adjacent rules in 29 CFR 1910 General Industry.

Leading up to these rule changes, in 2017 OSHA published a rule about occupational exposure to beryllium and its compounds in the Federal Register that conclude it posed a significant risk to the health of workers with the potential to lead to lung disease or cancer when exposures went beyond permissible exposure limits (PELs). Contact with this material happens often in shipyards and during welding. The new rules set out to fit the needs of construction and shipyard workers specifically and align their standards to the general industry standards, as well as provide clarification.

Modifications to the 29 CFR 1926.1124 Beryllium in Construction and Shipyards Standard include:

  • Specified definition of Beryllium sensitization, which is an immune response in people exposed to beryllium. While it is often symptomless it is the first step to developing CBD (chronic beryllium disease).
  • Pulmonologists in CBD medical diagnostic centers are no longer required to be on-site, but simply on staff.
  • The written exposure control plan for beryllium now must contain a list of operations and job titles who are expected to work with beryllium, engineering controls, means of protection from exposure, a list of PPE (personal protective equipment) used, as well as procedures for restricting access during work exposures, procedures to contain exposure and procedures for cleanup.
  • Engineering rules have been simplified to state that engineers must be used by employers to reduce and maintain beryllium exposure below the TWA PEL and STEL unless provably unfeasible.
  • In-writing notification of airborne exposure of beryllium to housekeeping staff is no longer required. Instead, in any operation that could result in airborne dust, the workers must be provided with personal protective equipment if it will result in airborne exposure above TWA PEL or STEL levels.
  • When beryllium is disposed of or transported to another entity, written warnings are no longer required.
  • Physician evaluations at CBD diagnostic centers must include tests for pulmonary function, bronchoalveolar lavage (BAL), and transbronchial biopsy if deemed necessary.
  • Warning labels on containers contaminated with beryllium are no longer required.
  • Employees now are only required to be trained in beryllium safety if they are reasonably thought to have airborne exposure—skin exposure is now excluded.

§1926.1400 Scope

This standard was updated with the new paragraph (18) which clarifies that flash-butt welding trucks that are not equipped with hoisting devices are defined as roadway maintenance machines and are used for railroad track work, as defined in 49 CFR 214.7.

Benefits and features of CFR books

Government agencies like OSHA must remain nimble to continue to improve processes that protect workers’ health and safety while balancing the needs of employers. So, when it comes to construction and general industry, the Code of Federal Regulations are known to change frequently.

Published CFR books from National Safety Compliance can help you stay informed on industry changes, within your work floor, construction site, or office and keeping your employees safe. These current publications are also an excellent guide for developing or updating your facility’s safety plan.

Our publications are released often and are designed to be user-friendly, with additional features to help you answer questions quickly and effectively.

Annual Updates and Corrections

Every change made to the CFR in the past few years is included in the front of the book, even if it is a minor grammatical change. This will help you quickly identify any standards that may need a refresher, retraining, or trigger a safety plan update.

Most Frequently Cited Standards

Our CFR books contain the most frequently cited standards from OSHA from the previous year. This can help you see where your industry peers may have gaps in their safety plans and check the standards against your facility’s practices.

This information is found prior to the start of each subpart.

Letters of Interpretation

Letters of Interpretation are an excellent resource that you may not normally be aware of. These letters are responses from OSHA to public questions about important topics like terminology, interpretation, and enforcement of particular laws. If there are Letters of Interpretation available to help clarify a standard, we include an icon in our book so you know to look it up on osha.gov

Additional Parts of Title 29 & General Duty

We include additional parts of Title 29 outside of 1910 and 1926 that are relevant to our users, such as Inspections, Citations, and Proposed Penalties from 29 CFR 1903 and CFR 1904 Recording and Reporting Occupational Injuries and Illnesses.

Also included for quick reference is the General Duty clause, which is OSHA’s catch-all for hazardous or dangerous situations in a workplace. If there isn’t a specific standard the violation falls under, it goes under General Duty.

The 2021 Edition of 29 CFR 1910 General Industry and 29 CFR 1926 Construction books from National Safety Compliance are available in print or digital PDF formats. To ensure your facility is always in compliance, protect your workers, and avoid costly fines, make sure safety management, supervisors, and human resources directors have easy access to the right training, materials, and resources to protect your workers and business.

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LOTO: Lockout Tagout Safety Standards at Work

Worker disables machine using lockout tagout procedures

Lockout and tagout, also known as LOTO, is the OSHA standard for the control of hazardous energy. This exists to protect employees by addressing the necessary steps to disable machinery or equipment that could release hazardous energy or unexpectedly start. These hazardous energies, including electrical, hydraulic, pneumatic, chemical, thermal, or mechanical could seriously harm or kill workers if released during machinery work or maintenance.

Lockouts and tagouts put specific practices and procedures into place to isolate machinery energy hazards by de-energizing and locking out the ability to power on the equipment.

Failure to properly follow lockout tagout regulations are one of OSHA’s top 10 most frequent citations. Not only are there fines involved when you choose not to follow regulations but there are many dangerous situations you will create for your employees and anyone in your work environment.

Lockout/tagout procedures must be taken seriously. If procedures and requirements are not met employees can be gravely injured or killed by machinery and equipment. OSHA estimates that compliance with the lockout/tagout standards can prevent 120 fatalities and 50,000 injuries every year.

Training on Proper Lockout and Tagout Procedures  

Employees working on machinery are at high risk of bodily harm if someone removes lockout/tagout devices and reenergizes the equipment without their knowledge. It is extremely important that all employees respect lock out and tag out devices and that only the person who applied them may remove them.

According to OSHA’s guidelines, your lockout/tagout program must include energy control procedures, devices to lockout, inspections of lockout/tagout devices and mandated training for all employees. This training should be specific to each employee’s position and be relevant to their individual duties.

Proper training will give employees a better understanding of the types of energies that can cause danger and teach them how to implement procedures to ensure these energies are controlled during maintenance and service.

Training, and retraining regularly to maintain proficiency and protocol adherence, is crucial to the success of your Hazardous Energy Control Program.

Difference Between Lockout and Tagouts 

Although the terms lockout and tagout have similar desired effects, the two devices are quite different. Lock out devices hold hazardous energy in isolation and prevent machines from being energized with physical restraints that cannot be removed without a key.

On the other end of the spectrum, tag out devices simply warn employees against reenergizing devices while it is being serviced. These are much easier to remove, and as a result, they do not provide the same level of protection as lockouts.

Lock out and tag out kits provide bundles of both that can be used for multiple procedures. They contain tags, padlocks, and all other devices to isolate energy release. These allow companies to manage all their operations from a centralized box, which makes implementing a lockout tagout program easier. Lockout programs can be tricky and having all the effective tools makes all the difference.

Standards for Lockout Tagout

The OSHA standards for The Control of Hazardous Energy (Lockout/Tagout), Title 29 Code of Federal Regulations (CFR) Part 1910.147 and 1910.333 layout the requirements for disabling machinery during maintenance work and protecting workers from electrical circuits or equipment.

You must use a lockout program (or tagout program that provides protection levels equal to that achieved through lockout) whenever your employees engage in service or maintenance.  This system normally involves taking dangerous equipment completely offline and removing its ability to energize by locking it into an “off” position, then tagging it to the individual who placed the lock and who is the only person able to remove it.

The basic requirements as stated in the standards are as follows:

  • Employers must draft, implement, and enforce an energy control program and procedures.
  • A lockout device, which temporarily disables machinery so that hazardous energy cannot be released, must be used if the machinery supports it. Otherwise, tagout devices, which are warnings to indicate that the machinery is under maintenance and cannot be energized until the tag is removed, can be used if the employee protection program provides equal protection to a lockout program.
  • Lockout/Tagout devices must be protective, substantial, and authorized for the machinery.
  • All-new, refurbished, or overhauled equipment must be capable of being locked out.
  • Lockout/tagout devices must identify each user and only the employee who initiated the lockout can remove it.
  • Effective training must be provided to all employees who work on, around, and with heavy machinery and equipment to ensure understanding of hazardous energy control procedures including their workplace’s energy control plan, their specific position’s role and duties within that plan, and OSHA requirements for lockout/tagout.
  • Training must be repeated once a year
  • Inspections must be performed of energy control procedures and initiatives.

Implementing a safe and effective lockout/tagout system is ultimately a task of the employer. It is the business’ responsibility to protect their employees from injury or death by providing them the tools, standards, procedures, and training to avoid hazardous workplace accidents.

Who Needs to Utilize Lockout Tagout PROCEDURES?

Lockout tagout procedures and training are necessary for all companies with equipment and facilities with hazardous energy. These are necessary both to meet OSHA guidelines and keep your employees safe.  

Some examples of workplaces that would require both LOTO procedures and training include:

  • A distribution center that utilizes equipment like forklifts and palletizers would need a lockout/tagout procedure set in place.
  • A bakery food manufacturer would need a lockout/tagout procedure for maintenance on their industrial oven and conveyor belts.
  • In the printing industry, if cleaning or maintenance duties on a press must be performed under machinery guards or in hazardous points.

When moving forward with building your lockout tagout procedures, keep in mind that not all employees will use the lockouts and tagouts. Only authorized personnel, meaning those trained on a company’s lockout tagout procedure can properly understand, apply, and follow procedure.

Regardless of whether or not they are considered authorized personnel and are using the lockout/tagouts, employees will still need to be trained. Any employees who operate the machines that will be serviced under lockout tagout or work in the area where lockout tagout is used will need to understand the purpose and seriousness of lockout tagout procedures.

Steps of Lockout Tagout

The general steps of lockout/tagout application require authorized personnel to perform a sequence of shutdown and inspection procedures. To initiate the LOTO and prepare for maintenance, you must:

Step 1: Inform the Workers

Before the machinery is shut down, all employees that work on or around the machine must be informed that the energy control procedures will be applied at a specific time. If anything changes, including the maintenance time or expected downtime, inform these employees.

Step 2: Power down the machine

Based on manufacturer guidance and your shutdown procedures, have an authorized employee turn off the machine.

Step 3: Isolate energy sources

Most equipment will have more than one source of energy. Any area of the machine that could be energized by electric, hydraulic, pneumatic, chemical, thermal, or mechanical power must be shut down by powering down switches or shutting valves.

Step 4: Add the lock and tag

At all of the previously identified energy sources that can be used to re-energize the machine, apply locks and tags with identification of the authorized employee who placed them. Only the employee who placed them is allowed to remove these tags.

Step 5: Release any stored energy and prepare the area

Some machines can retain stored energy even after a shutdown. Look for hazards like spring tension or venting gases and release them appropriately. Moving parts must be safely secured to protect maintenance workers and remain stable throughout the cleaning or repairs.

Step 6: Verify that energy is isolated

Authorized personnel must now double-check and verify all previous steps were completed successfully.

Once the maintenance is complete, the LOTO must be removed. The following steps must be followed to remove the tags safely:

Step 1: Inform the workers

Communicate to all area workers that the machinery will be re-energized at a specific time. Ensure that all equipment brought in for repairs is removed before turning the machine back on and all maintenance personnel are accounted for.

Step 2: Remove the locks and tags

Authorized personnel will now remove the tags they placed earlier. Each tag can only be removed by the person who placed it.

Step 3: Re-energize the machinery

At the appointed time, re-energize the machinery.

Lockout/tagout procedures are not only important for OSHA compliance, they are vital to employee safety. To ensure your program is working as intended, annual inspections of lockout/tagout procedures are required by OSHA. While employees aren’t required to have annual refresher training, all employees must be well-trained and able to follow protocol at all times. If knowledge gaps are found, employees change work positions or if new machinery is added to the workplace, refresher training is required.

At National Safety Compliance, we offer a number of different ways to train your employees on lockout tagout safety, lockout tagout devices, and online training modules here on Online OSHA Training, as well as more traditional employer-led training programs available on DVD, USB, or Digital Access on OSHA-Safety-Training.net.