OSHA Telecommunications Standards

1
OSHA Telecommunications Standards

• The Basics
• Telcom Insurance Group

2
Goals of OSHA Compliance Seminar

• Nearly everyone in America works or has someone
  in their family who does
• Employers and employees need to know about OSHA
  Telecommunications companies have specific
  requirements
• The more you know about OSHA, the more you can
  protect yourself, co-workers, employees, and the
  other assets of the company

3
Why is Safety Important to Business?

• Protecting workers is the right thing to do
• Workplace is a community
• Saves money and adds value
• Safety/Health add value to workers lives both on
  and off the job
• Happy healthy employees are more productive

4
Why is OSHA Necessary?

• Until 1970, no uniform/comprehensive provisions
  existed to protect workers. At that time
• 14,000 workers died in job-related accidents
• 2.5 million were disabled in workplace accidents
• 10 times as many workdays were lost as from labor
  strikes
• 300,000 new occupational diseases cases

5
OSHA Established

• Occupational Safety Health Administration is an
  agency of the DOL
• Signed into law by Richard Nixon on 12/29/70
• Sole responsibility is to provide worker safety
  and health protection

6
Who Does the Act Cover?

• All private-sector employers/employees in the 50
  states and all territories and jurisdictions
  under federal authority
• Those with 10 or more employees or in high hazard
  (telecommunications is considered high hazard)
  have some specific requirements
• Does NOT cover self employed, immediate members
  of farming families, or state/federal employees

7
Whos Responsible?

• Employer evaluate and minimize hazards, provide
  training, and comply with OSHA regulations
• Employee follow employers rules/ guidelines,
  report hazards, and comply with OSHA regulations

8
OSHAOverall Mission

• OSHAs mission is to send every worker (more
  than 115 million) home whole and healthy each day
  by providing safety and health information,
  training, and assistance to workers and employees

9
OSHAStrategies

• Strong, fair, and effective enforcement of
  rules/regulations
• Outreach, education, and compliance assistance
• Partnerships and other cooperative programs/
  alliances

10
Activities Used to Promote Workplace Safety

• Develops mandatory safety/health standards and
  enforces them through inspections, employer
  assistance, citations/fines/penalties
• Reporting/recordkeeping standards (OSHA 300/301
  log)
• Regional, local, on-line training
• Voluntary Protection Programs (VPP)

11
OSHAs Impact

• 62 reduction in work-related fatalities
• Overall injury/illness rate reduced 42
• Virtually eliminated brown lung disease in
  textile industry
• 35 reduction in trenching/excavation fatalities
• US Employment has doubled

12
2002 BLS Workplace Safety Figures

• 5.3 on-the-job injuries/illnesses per 100 workers
• 2.8 instances of lost workdays per 100 workers
• 5524 worker deaths (14 in telecommunications)
• 47 million workplace injures/illnesses (private
  sector)
• 170b is the cost of occupational
  injuries/illness
• How does your company compare?

13
2003 Federal Inspections

• 39,798 inspections conducted
• 23 complaint/accident related
• 56 High hazard targeted
• 21 Referrals/follow-ups
• Current Penalties
• .4 Willful with 13.2m in fines
• 72 Serious with 52.3m in fines

14
2003 State Inspections

• 59,290 inspections conducted
• 24.6 complaint/accident related
• 61 High hazard targeted
• 14.3 Referrals/follow-ups
• Current Penalties
• .1 Willful with 5m in fines
• 42.7 Serious with 54m in fines

15
Training Outreach in 2003

• 4940 students at OSHA Training Institute
• 15,871 at the 20 OSHA Education Centers
• 280,785 through outreach training
• Alliance Programs-37 national and 76 regional
• VPP-732 sites 437,515 employees

16
OSHA and Insurance

• Common Goal- Safe Work Environment
• Identify Hazards
• Reduce Frequency
• Reduce Severity

17
OSHA and Insurance

• What ifyou have a loss and OSHA fines your
  company for a violation?
• How about the fine?
• What about the loss itself?

18
OSHA and Insurance

• What about the fine?
• General Liability Policy
• Coverage in General
• Fines and Violations

19
OSHA and Insurance

• What about the fine?
• Not a third party loss.
• GL Policy is silent on the issue of punitive
  damages and defers to the state.
• Not covered but the fine may be used by the
  plaintiff to prove case or increase demands.

20
OSHA and Insurance

• What about the loss?
• Legal Liability is one question and another is
  whether the act was done intentionally with the
  desire to injure a third party.

21
OSHA and Insurance

• What about the fine?
• Commercial Automobile Policy
• Coverage in General
• Fines and Violations

22
OSHA and Insurance

• What about the fine?
• First and third party coverage.
• Loss is defined as direct and accidental loss.
• Silent on punitive damages but the fines from a
  governmental agency would not be part of loss
  definition.

23
OSHA and Insurance

• What about the loss?
• A question of legal liability and whether the act
  was intentional or not.

24
OSHA and Insurance

• What about the fine?
• A Workers Compensation Policy
• Coverage in General
• Fines and Violations

25
OSHA and Insurance

• What about the fine?
• Protects the employees and provides indemnity for
  injuries and lost wages.
• Section II of the Policy for Employers Liability
  may be triggered by an OSHA fine, but the
  employer is not protected by the policy.

26
OSHA and Insurance

• What about the loss?
• Even intentional acts are normally covered by
  Workers Compensation
• Very few defenses

27
OSHA and Insurance

• An Actual WC Claims Case
• Employee is using a rock saw and hits a natural
  gas line. The employee is fatally injured and
  OSHA determines that the employer did not
  properly train the employee. Section 1 paid
  605,000 and Section II paid 500,000 and the
  Umbrella paid 50,000.

28
OSHA and Insurance

• Statistics that OSHA and Insurers Share
• Nonfatal Injuries Per/100 Workers
• INDUSTRY(2) SIC(3) Inj's Ill's Inj's Ill's
• Total Total
• MISC. BUSINESS SERVICES 7385 5.2 5.0

29
OSHA and Insurance

• What is the cost of an accident?
• Every year workplace injuries, illnesses and
  deaths cost our nation 170 billion. That's money
  that businesses can save and pain workers can
  avoid.

30
OSHA and Insurance

• What is the cost of an accident?
• One study estimated that a good safety and health
  program can save 4 to 6 for every 1 invested.
  That's because injuries and illnesses decline.
  Workers' compensation costs go down. Medical
  costs decrease. There are other, less
  quantifiable benefits as well - reduced
  absenteeism, lower turnover, higher productivity
  and increased morale.

31
OSHA and Insurance

• DIRECT COSTTo calculate the direct cost, enter
  the following informationTotal value of the
  insurance claim for an injury or illness
          ______________(Medical costs and
  indemnity payments)

32
OSHA and Insurance

• INDIRECT COST
• To calculate the indirect cost of this injury
  or illness, multiply the direct cost by a cost
  multiplier. The cost multiplier that you use will
  depend on the size of the direct cost.
• If your direct cost is Use this cost
  multiplier
• 0 - 2,999 4.5 3,000 - 4,999 1.6 5,000 -
  9,999 1.2 10,000 or more 1.1
• Direct Cost x Multiplier Indirect
•                                            

33
OSHA and Insurance

• Total Cost
• Direct Cost Indirect Cost Total
•                                            

34
OSHA and Insurance

• Impact on Profit
• Determine Gross Margin
• Total Profit/Total SalesMargin
•                                            

35
OSHA and Insurance

• Impact on Profit
• Cost of Injury/Gross MarginSales
• Required to Pay for the Loss
•                                            

36
OSHA and Insurance

• Impact on Profit
• Example
• 1 Gross Margin and 1000 Loss
• 100,000 of sales to pay for the loss
• http//www.osha.gov/dts/osta/osha
• oft/index.html
•                                            

37
Specific OSHATelecommunicationsStandards1910.26
8
38
Standard Applies to

• Telecommunication centers installation,
  operation, maintenance, rearrangement, and
  removal of communications switching equipment.
• Telecommunication field installation, operation,
  maintenance, rearrangement, and removal of
  conductors, their supporting structures, overhead
  or underground, on public/private rights of way.

39
OSHA Telecommunication Requirements (10 or more
employees or hazardous industry)

• OSHA 301 Incident Report 300 Log 300A Summary
• Personal Protective Equipment by job
• Specific Programs Lockout/tagout, Haz-com,
  Trenching/ Shoring, Forklifts, Fire Protection,
  Housekeeping, Bloodborne Pathogens
• Emergency Preparedness Plan
• Written Safety Manual

40
Decision Process for Determining Recordability

• Record only injuries/illnesses that you answer
  YES to the following
• Did the employee experience an injury/illness?
• Is it work-related?
• Is it a new case or do I need to update a
  previous entry?
• Does it meet the general recording or additional
  criteria?

41
OSHA 301 Incident Report

• 1 form per incident
• Recorded within 7 days after you hear about it
• Must keep on file for 5 years following the year
  to which it pertains
• Gathers specific details about the circumstances
  of the incident and the employee (HR file)
• After you record the incident in the Log
  transfer the case number to coordinate with 10
  on the Form 301
• Average time to complete the form22 minutes

42
300 Log--Overview

• For a specific calendar year
• Must be recorded within 7 calendar days of the
  incident
• If the situation changes from the original
  recorded information, draw a line through the
  original entry and check off new information as
  appropriate
• Must keep for 5 years following the year to which
  it pertains
• Do not send the completed forms to OSHA unless
  requested to do so
• Summary must be posted from Feb. 1-April 30 in a
  conspicuous place dont send to OSHA unless
  requested to do so
• Recordkeeping done for each work site contact
  your state specifically for definition of work
  site

43
OSHA 300 Log--Definitions of Work Related
Injuries/Illnesses

• Those that result in death or in-patient
  hospitalization of 3 or more employees (must be
  reported in 8 hours to OSHA 24 hour hotline
  800-321-OSHA)
• Days away from workdont count day of incident,
  but include weekends/holidays 180 day cap
• Restricted/transferred to another jobunable to
  perform 1 or more of their routine duties
• Medical treatment beyond first-aidmanagement and
  care of a patient to combat disease/injury beyond
  first aid

44
First-Aid is

• Using non-prescription medicine at
  nonprescription strength
• Administering tetanus immunizations
• Cleaning, flushing, soaking wounds on the surface
  of the skin
• Using wound coverings such as Band-Aids, gauze
  pads
• Using hot or cold therapy
• Using any non-rigid means of support such as
  wraps and elastic bandages
• Using temporary immobilization devices while
  transporting a victim (i.e. sling, neck collars)
• Drilling a nail to relieve pressure draining a
  blister
• Using eye patches
• Removing foreign bodies from the eye using only
  irrigation/swab
• Removing splinters/material by irrigation/tweezers
  
• Using finger guards
• Using massages (PT/Chiropractor is medical
  treatment)
• Drinking fluids to relieve heat stress
• It is the treatment itself not the provider
  (professional statusDoctor) that determines if
  its first-aid

45
OSHA 300 Log--Definitions of Work Related
Injuries/Illnesses

• Loss of consciousnessregardless of length
• Diagnosis of significant work-related
  injury/illness by a licensed health care provider
• Protect privacy where necessaryrecord injuries
  to intimate body parts, mental illness,
  hepatitis, or injuries from sexual assault as
  privacy concern case? On the log
• If its not an injury, you must identify the type
  of illness in (M)
• Injury wound, lacerations, burns, sprains,
  fractures
• Skin Disorders caused by exposure of chemicals
  or plants
• Respiratory Conditions breathing in fumes,
  gases, vapors
• Poisoning abnormal concentration of toxic
  substances in blood
• Hearing loss experienced a standard threshold
  shift in one/both ears
• All others heatstroke, frostbite

46
300A Summary

• Totals of all categories
• SIC Code Telephone Communications481
• NAICS 517---
• Total number of employees and total hours worked
  (include part-time, seasonal, temporary)
• Must be certified/signed by a company executive
• Posted Feb.1-April 30 of the following year
• Must keep for 5 years

47
Emergency Preparedness Plan

• Emergency is any unplanned event that can cause
  deaths or significant injuries to employees,
  customers, or the public or that can shut down
  your business, disrupt operations, cause physical
  damage, or threaten the companys financial
  standing/public image
• Can be anything from a flood or tornado to a
  communication failure or civil disturbance
• Preparedness is EVERYONEs job--according to
  their assigned roles

48
4 Step Process

• 1. Establish a planning team
• 2. Analyze capabilities and hazards
• 3. Develop the plan
• 4. Implement the plan

49
Vulnerability Analysis ChartRank on Scale of 1
(low)-5 (high)
50
An Ounce of Prevention
No emergency preparedness plan can guarantee that
your telephone company wont suffer any
losses--but it can minimize the damage and help
use all of your resources to protect your
employees and your business.
51
First-aid and Medical

• First aid supplies recommended by a consulting
  physician shall be place in weatherproof
  containers (unless stored indoors) and shall be
  easily accessible.
• Each kit must be inspected at least once a month.

52
Training

• Employers shall provide training in the various
  precautions and safe practices necessary.
• Training shall consist of on-the-job or classroom
  or a combination.
• Some training activities require a certification
  i.e. tower climbing, forklift operations

53
Protection in Public Work Areas

• Before work is begun in the vicinity of
  vehicular/pedestrian traffic, warning sings
  and/or flags shall be conspicuously placed to
  alert/channel approaching traffic.
• At night, warning lights should be displayed.
• Excavated areas shall be enclosed with protective
  barricades.

54
PPE

• Personal protective equipment/devices/ special
  tools needed for the work of employees shall be
  provided and the employer shall ensue that they
  are used.
• Employer is responsible for inspecting PPEs for
  good condition.
• Rubber insulating equipment (gloves, blankets)
  should be tested on a 12 month basis for new
  natural rubber

55
Personal Climbing Equipment

• Generally, safety belts and straps shall be
  provided and the employer shall ensure their use
  when work is performed more than 4 ft above
  ground, on poles, and towers.
• Employer shall inspect this equipment for safe
  working conditions.
• Very specific requirements for buckles, D-rings,
  width of leather belts)

56
Cable Reels

• Cable reels in storage shall be checked or
  otherwise restrained when there is a possibility
  they might accidentally roll from position.

57
Handling Suspension Strand

• When handling cable suspension strand which is
  being installed on poles carrying exposed
  energized power conductors, employees shall wear
  insulating gloves and avoid body contact with the
  strand until it has been tensioned, dead-ended
  and permanently grounded.

58
Testing Wood Poles

• Rap the pole sharply with a 3lb hammer starting
  at the ground line and continuing upwards
  circumferentially until approximately 6 ft.
• A clear sound and sharp rebound means the wood is
  solid.
• Decay pockets indicate the pole is unsafe.

59
Manholes

• When covers of manholes/vaults are removed, the
  opening shall be promptly guarded by a railing,
  temporary cover, or other temporary barrier.
• While work is being performed, a person with
  basic first-aid shall be immediately available.
• Before entering, the internal atmosphere shall be
  tested for combustible gas/oxygen deficiency
  except for when forced ventilation is provided.

60
Microwave Transmission

• Employees should not look into an open waveguide
  which is connected to an energized source of
  microwave radiation.
• Where accessible areas of the electromagnetic
  radiation levels exceeds the radiation protection
  of 1910.97 there shall be a sign posted (many
  towers need this posting)

61
Tree Trimming

• Employees engaged in pruning, trimming, removing,
  or clearing trees from lines are required to
  consider all overhead/underground electrical
  power conductors to be energized and potentially
  fatal and never to be touched.
• During all tree work where more than 750v exits,
  there shall be a 2nd trained employee within
  voice communication.

62
Safety Manual Should Include

• Mission Statement
• Management roles responsibilities
• WC and other insurance information
• General safety rules accident reporting,
  post-injury return-to-work programs, inspection
  lists, first-aid, disciplinary and or reward
  process, OSHA compliance programs, training
  schedules
• Review update process/schedule

63
OSHA and Insurance

• More Insurance Later
• Loss Prevention and the tie to OSHA
•                                            

64
OSHA and Insurance

• Loss Prevention Impact
• Refresher
• 170 Million in accident costs annually.
• 4-6 in savings for every dollar invested.
•                                            

65
OSHA and Insurance

• Loss Prevention Impact
• Work-related injuries cost quite a bit of money.
  For example- Slips, trips and falls, for example,
  cost employers 13.4 billion in 2001, according
  to The Liberty Mutual Workplace Safety Index.
•                                            

66
OSHA and Insurance

• Loss Prevention Random Topics
• Drug-Free Work Place
• Personal Protective Equipment
• Access To Employee Records
• Lessor and Lessee Responsibility
• Loss Reports and OSHA

67
OSHA and Insurance

• Drug-Free Work Place
• OSHA strongly supports measures that contribute
  to a drug-free environment and reasonable
  programs of drug testing within a comprehensive
  workplace program for certain workplace
  environments, such as those involving
  safety-sensitive duties like operating machinery.
  Such programs, however, need to also take into
  consideration employee rights to privacy

68
OSHA and Insurance

• Drug-Free Work Place
• Although OSHA supports workplace drug and alcohol
  programs, at this time OSHA does not have a
  standard. In some situations, however, OSHA's
  General Duty Clause, Section 5(a)(1) of the OSH
  Act, may be applicable where a particular hazard
  is not addressed by any OSHA standard.

69
OSHA and Insurance

• Drug-Free Work Place
• 1) the employer failed to keep its workplace free
  of a "hazard" (2) the hazard was "recognized"
  either by the cited employer individually or by
  the employer's industry generally (3) the
  recognized hazard was causing or was likely to
  cause death or serious physical harm and (4)
  there was a feasible means available that would
  eliminate or materially reduce the hazard.

70
OSHA and Insurance

• Drug-Free Work Place
• There is a telephone number for employers to call
  for guidance and technical assistance in setting
  up a substance abuse prevention program. This
  service is free and available to all employers
  during regular working hours in both English and
  Spanish languages. The number is 800-WORKPLACE.

71
OSHA and Insurance

• Personal Protective Equipment
• Many Occupational Safety and Health
  Administration (OSHA) health, safety, maritime,
  and construction standards require employers to
  provide their employees with protective
  equipment, including personal protective
  equipment (PPE), when such equipment is necessary
  to protect employees from job-related injuries,
  illnesses, and fatalities.

72
OSHA and Insurance

• Personal Protective Equipment
• The requirements address PPE of many kinds hard
  hats, gloves, goggles, safety shoes, safety
  glasses, welding helmets and goggles, face
  shields, chemical protective equipment and
  clothing, fall protection equipment, and so
  forth. The provisions in OSHA standards that
  require PPE generally state that the employer is
  to provide such PPE however, some of these
  provisions do not specify that the employer is to
  provide such PPE at no cost to the employee.

73
OSHA and Insurance

• Access to Employee Records
• Privacy issues
• HIPPA requirements
• Good idea for the HR person to direct the OSHA
  requirements to protect the organization from
  potential claims involving personal information

74
OSHA and Insurance

• Lessor and Lessee Responsibility
• The relationship of a building owner and a tenant
  is that of "lessor" and "lessee.
• The tenant's employees are his responsibility,
  and under Section 5(a)(2) of the Occupational
  Safety and Health Act of 1970, he is required to
  provide a place of employment which meets the
  requirements of paragraph (d) of 1910.22.

75
OSHA and Insurance

• Lessor and Lessee Responsibility
• The situation you describe where a building owner
  refused to assist the tenant in evaluating and
  posting the areas he occupied is between "lessor"
  and "lessee.
• The employer of the employees who are exposed to
  a recognized hazard would be cited in the event
  of an inspection.

76
OSHA and Insurance

• Insurance Loss Control Reports and OSHA
• During the course of safety and health
  inspections, OSHA compliance officers (CSHOs) are
  required to review and evaluate an employer
  safety and health programs and review employer
  records to gain valuable insight into where
  hazards may be found. These steps ensure more
  effective inspections.

77
OSHA and Insurance

• Insurance Loss Control Reports and OSHA
• An employer usually provides to the CSHO loss
  control reports that its insurance company
  created, among other records when requested, in
  order to demonstrate the company's overall good
  faith in ensuring a safe workplace for its
  employees.

78
OSHA and Insurance

• Insurance Loss Control Reports and OSHA
• When a company is found by the CSHO to have acted
  upon recommendations made by the insurance
  company, or by consultants, this information
  usually results in no citations, or citations
  with a reduced penalty structure based on the
  employer's good faith.

79
OSHA and Insurance

• Loss Prevention and OSHA
• The positive impact of loss prevention programs
  far out weigh any negative consequence. A strong
  loss prevention program will save the employer
  direct and indirect expenses and promote a
  healthier workplace. A side benefit is that it
  will also exhibit to OSHA a positive and
  proactive company that takes safety seriously.

80
Self-Inspection Checklist

• Safety Health Program
• PPE
• Flammable/Combustible Material
• Hand/Portable Powered Tools
• Lockout/Tagout Procedures
• Confined Spaces
• Electrical
• Walking-Working Surfaces
• Hazard Communications

81
Safety Health Program (Sample)
82
2003-2008 Strategic Management Plan

• Reduce occupational hazards through direct
  intervention (reduce workday injures by 5)
• Promote a safety and health culture through
  compliance assistance, cooperative programs, and
  strong leadership (add 100 partnerships)
• Maximize OSHA effectiveness and efficiency by
  strengthening capabilities/infrastructure
  (collect data in a timely/accurate manner)

83
OSHAs Role in 2004 and Beyond...

• Reducing regulatory agenda moving towards
  voluntary compliance
• Less like Big Brother more like a father figure
• Moving toward giving states the role of
  legislating health and safety issues
• President Bush increased the 2004 budget by 13
  to 450m in part to fund outreach for Spanish and
  other non-English speaking workers
• Study the effectiveness of AEDs(automated
  external defibrillator) in the workplace

84
OSHAs Role in 2004 and Beyond...

• 2 new web pages--Emergency Preparedness and Small
  Business Information
• Willful violations with 100 follow-up
  inspections
• Record work-related hearing loss cases on 300 log
• Postponed for 1 year the musculoskeletal
  disorders definitions for the 300 log
• Establish 20 centers at 35 locations for training
  across the country
• Partnership with Johnson Johnson to develop
  best practices that will reduce ergonomics
  injuries
• Partnering with emergency response teams

85
VPP

• Effective, ongoing safety and health written
  program
• Emphasizes trust and cooperation among OSHA,
  employers, employees, and employee
  representatives
• Average VPP has a lost workday incident rate at
  least 50 below industry average.
• Exempt from programmed inspections and not issued
  citations for standard violations that are
  promptly corrected because OSHA does a thorough
  on-site evaluation initially and on a regularly
  scheduled basis.

86
OSHA Benefits for Small Businesses

• Generally less than 25 employees in some
  situations if there are less than 250 employees
• Consultation offers free help in identifying
  hazards and establishing systems to correct the
  hazards
• Training and education
• Recognition in SHARP (1 year exemption from
  scheduled inspections)

87

• OSHA provides leadership and encouragement to
  employers and workers to help them recognize the
  value of safety and health on the job. The
  ultimate goal will always be to reduce injuries,
  illnesses, and deaths to zero...

88
Additional Resources

• www.OSHA.gov
• www.DOL.gov
• www.TelcomInsGrp.com or 800-222-4664 for free
  forms on accident investigation, OSHA 300 log
  information, sample emergency preparedness plans,
  developing safety manuals, etc.