Landscaping and Horticulture Safety

1. Landscaping and Horticulture Safety Introduction to OSHA This material was produced under grant number SH-22248-11-61-F-54 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

2. What is OSHA? • Occupational Safety and Health Administration • Responsible for worker safety and health protection • Created in 1970 by the Occupational Safety and Health (OSH) Act

3. What Has OSHA Accomplished? • Help cut the work-related fatality rate in half. • Worked with employers and employees to reduce workplace injuries and illnesses by 40% • Reduced trenching and excavation fatalities by 35%

4. What Does OSHA Do? • Encourages employers and employees to reduce workplace hazards and implement or improve safety and health programs. • Enforce safety and health standards • Monitoring of job-related injuries and illness • Provides assistance, training and other support programs to help employers and workers

5. What Rights Do You Have Under OSHA? • You have the right to: • A safe and healthful workplace • Know about hazardous chemicals • Information about injuries and illnesses in your workplace • Complain or request hazard correction from employer • Training • Hazard exposure and medical records • File a complaint with OSHA • Participate in an OSHA inspection • Be free from retaliation for exercising safety and health rights

7. Your Rights to Seek Safety and Health Assistance

8. Refusing to Work Because Conditions are Dangerous

9. What Responsibilities Does Your Employer Have Under OSHA? • Provide a workplace free from recognized hazards and comply with OSHA standards • Provide training required by OSHA standards • Keep records of injuries and illnesses • Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records • Not discriminate against workers who exercise their rights under the Act (Section 11(c)) • Post OSHA citations and abatement verification notices • Provide and pay for PPE

10. OSHA Standards • OSHA develops and enforces standards that employers must follow. • Where OSHA does not have standards, employers are responsible for following the OSH Act's General Duty Clause.

11. General Duty Clause • Section 5(a)(1) • Each employer “shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”

12. Recordkeeping • CFR 1904 • If your company had more than 10 employees at any time during the last calendar year, you must keep OSHA injury and illness records

13. Recordkeeping • CFR 1904 • You do not need to keep OSHA injury and illness records if: • Your company had ten (10) or fewer employees at all times during the last calendar year • All employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.

14. Recordkeeping Forms

15. Recording Criteria • 1904.4 - Covered employers must record each fatality, injury, or illness that: • Is work-related, and • Is a new-case, and • Meets one or more of the criteria contained in sections 1904.7 through 1904.12

16. General Recording Criteria • 1904.7 – An injury or illness is recordable if it results in one or more of the following: • Death • Days away from work • Restricted work activity • Transfer to another job • Medical treatment beyond first aid • Loss of consciousness • Significant injury or illness diagnosed by a PLHCP

17. Workplace Inspections • Establishments covered by the OSH Act are subject to inspection by OSHA compliance safety and health officers (CSHO's). • Most inspections are conducted without advance notice.

18. Inspection Process • CSHO displays official credentials • Opening conference • Walk-around inspection • Closing conference

19. After Inspection • OSHA may or may not issue citations • Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement • Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer

20. OSHA Inspection Priorities • Imminent danger • Fatalities/Catastrophes • Employee complaint • Referral from other agencies • Programmed inspection • Follow-up inspections

21. Landscaping IndustryInspection Summary (2010) • 318 total inspections for all OSHA regions • 19 in OSHA region III • 124 planned/programmed inspections • 194 un-programmed inspections • 39 were result of accident • 47 were result of complaints • 85 were result of referrals

22. Top Ten Citations (2010) • 1910.67 - Vehicle-Mounted Elevating/Rotating Work Platforms (86) • 1910.132 - Personal Protective Equipment (86) • 1910.133 - Eye & Face Protection (54) • 5(a)(1) - General Duty Clause (49) • 1910.1200 - Hazard Communication (48)

23. Top Ten Citations (2010) • 1910.135 - Occupational Head Protection (30) • 1910.95 – Occupational Noise Exposure (19) • 1910.266 - Pulpwood Logging (14) • 1904.39 - Fatality/Multiple Hospitalization Accident Report (10) • 1910.23 Guarding floor and wall openings/holes (10)

24. Check Your Knowledge • What section of the OSH Act requires that each employer furnish to each of his employees, a jobsite which is free of recognized hazards that can cause or are likely to cause death or serious injuries? • Section 7(c)(1) • Section 5(a)(1) • Section 18(b) • Section 4

25. Check Your Knowledge 2. What is the first thing you should do if you believe your work situation in unsafe? • Call OSHA • Call your employer’s attention to the problem. • Walk off the job site. • Ignore the situation.

26. Check Your Knowledge 3. Which type of inspection gets top priority by OSHA? • A programmed Inspection • A worker’s death. • Imminent danger. • Referral from another agency.