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. Who�s 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. OSHA�Overall Mission OSHA�s 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. OSHA�Strategies 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. OSHA�s 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 if�you 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 information:Total 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 Sales=Margin �������������������������������������������

35. OSHA and Insurance Impact on Profit Cost of Injury/Gross Margin=Sales 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 OSHATelecommunicationsStandards1910.268

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 form=22 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; don�t 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 work�don�t count day of incident, but include weekends/holidays; 180 day cap Restricted/transferred to another job�unable to perform 1 or more of their routine duties Medical treatment beyond first-aid�management 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 status�Doctor) that determines if it�s first-aid

45. OSHA 300 Log--Definitions of Work Related Injuries/Illnesses Loss of consciousness�regardless of length Diagnosis of significant work-related injury/illness by a licensed health care provider Protect privacy where necessary�record injuries to intimate body parts, mental illness, hepatitis, or injuries from sexual assault as �privacy concern case? On the log If it�s 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 Communications=481 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 company�s financial standing/public image Can be anything from a flood or tornado to a communication failure or civil disturbance Preparedness is EVERYONE�s 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��

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. OSHA�s 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. OSHA�s 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.