Elements of OSHA

1. Elements of OSHA What to Expect from an Inspection

2. NAICS Code 42451 • Grain & Field Bean Merchant Wholesalers • 41 Inspections listed • 39 Citations

3. Grain LEP Enforcement Data

4. What is being cited? Most Frequently cited standards in 1910.272 include: • 1910.272 J01 – failure to implement a written housekeeping program for fugitive dust. • 1910.272 G01 I – failure to issue a permit prior to entering the bin. • 1910.272 G01 II – failure to deenergize and disconnect all equipment in a grain storage structure before employees enter. • 1910.272 G04 – failure to provide rescue equipment suitable for the bin being entered. • 1910.272 E02 – failure to train employees for special tasks, such as bin entry. • 1910.272 G02 – failure to provide lifelines and harnesses for employees entering the bin at or above the level of the grain. • 1910.272 J02 II – failure to immediately remove fugitive dust accumulations, or provide equivalent protection. • 1910.272 D – failure to implement an emergency action plan. • 1910.272 G01 III – failure to test the atmosphere within a bin before employees enter. • 1910.272 M03 – failure to maintain a certification record of performed preventative maintenance inspections. Most Frequently cited standards for LEP Grain Inspections: • 1910.272 – Grain handling facilities • 1910.219 – Mechanical power-transmission apparatus • 1910.023 – Guarding floor and wall openings and holes • 1910.146 – Permit-required confined spaces • 1910.305 – Wiring methods, components, and equipment for general use • 1910.1200 – Hazard Communication • 1910.134 – Respiratory Protection • 1910.147 – The control of hazardous energy (lockout/tagout) • 1910.027 – Fixed Ladders • 1910.303 – Electrical, General Requirements

5. Permit Required Confined Space(PRCS) "Confined space" means a space that: (1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and (3) Is not designed for continuous employee occupancy.

6. Permit Required Confined Space(PRCS) • Permit Required Confined Spaces (defined) • Contains or has a potential to contain a hazardous atmosphere • Contains a material that has the potential for engulfing an entrant • Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or • Contains any other recognized serious safety or health hazard

7. Permit Required Confined Space(PRCS) • For the standard to apply, the space must: • Meet All of the definitions of a “confined space”; AND • Have a characteristic that makes it “permit required” *PRCS does apply to grain storage stuctures

8. Permit Required Confined Space(PRCS) Who Decides? • 1910.146(c)(1) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces. NOTE: Proper application of the decision flow chart in Appendix A to section 1910.146 would facilitate compliance with this requirement.

9. Permit Required Confined Space(PRCS) • Issues: • OSHA in North Dakota treating boot pits as “automatic” PRCS • Attitude is there is always a “potential” for an atmospheric hazards (H2S, CO, 02 deficiency) • January 1, 1996-December 31, 2008-44 listed inspections PRCS standard cited 2 times • January 1, 2009-January 6, 2014- listed inspections PRCS standard cited 39 times

10. Permit Required Confined Space(PRCS) • Where do we stand? • NGFA Evaluation Guide • Still being cited • Decided in court through contest

11. Sweep Auger Update • History • Series of Interpetation Letters changed enforcement practices beginning in 2009 • OSHA resisted attempts by industry to educate on sweep augers • OSHA issued additional Interpretation Letters 5/11 & 2/12 • Emphasis programs coupled with Interpretation Letters led to surge of sweep auger violations However, based on the additional information provided in your October 15th letter, OSHA is not aware of any effective means or method that would protect a worker from the danger presented by an unguarded sweep auger operating inside a grain storage structure. Accordingly, unless the employer can eliminate all hazards presented by an energized unguarded sweep auger, operating such a device with workers inside a grain storage structure would be in violation of Section 1910.272(g)(1)(ii) or Section 1910.272(h)(2)(i)

12. Sweep Auger Update • 2 cases (fed OSHA & Maryland OSHA) resulted in ALJ decisions vacating sweep auger citations b/c OSHA could not prove that: • –Employees worked in the “zone of danger”; or • –The sweep augers were inadequately guarded • Neither case became binding legal precedent • Despite losing litigation, OSHA continued to issue sweep auger citations

13. Sweep Auger Update • Illinois company cited despite using both administrative & engineering controls to keep employees out of danger zone • OSHA withdrew citation and agreed to settlement terms that provided guidance re: acceptable alternative sweep auger operations • Settlement incorporated 10 Sweep Auger Safety Principles that permit employees inside grain bins w/ energized sweep augers

14. Sweep Auger Update • 10 Sweep Auger Safety Principles were reviewed and approved by OSHA’s National Office in Washington, DC • Area Director, Regional Administrator, and Deputy Assistant Sec’y of Labor indicated OSHA’s intent for 10 Sweep Auger Safety Principles to become federal OSHA policy • May 3, 2013 Enforcement Memorandum from Director of Enforcement Programs to all Regional Administrators & State Plans Designees

15. 10 Sweep Auger Safety Principles 1. Follow 1910.272 permit requirements 2. De-energized & LO/TO sweep and subfloor augers before setting-up/digging-out 3. Install & secure grate/guard over subfloor auger 4. Guard the top and back of the sweep auger 5. Post a rescue-trained & equipped observer outside the bin 6. No walking on grain that is deep enough to present an engulfment hazard

16. 10 Sweep Auger Safety Principles 7.Do not use hands, legs, or other similar means to manipulate/dislodge an energized sweep auger 8.Install a speed control mechanism or bin stop device to eliminate the uncontrolled rotation of the sweep auger around the bin 9.To adjust or perform maintenance on a sweep auger, it must be unplugged (w/ plug controlled by adjuster) or locked out 10.Implement engineering controls to prevent contact with an energized sweep auger

17. 10 Sweep Auger Safety Principles Engineering Controls • Bin stop device #8 • Auger with “standard guardrail” attached. Compliant with machine guarding standard.

18. 10 Sweep Auger Safety Principles Engineering Controls • Portable Operator Standard Guard Rail Enclosure w/dead-man switch (only allows auger to operate when worker is within) •Auger w/ Control Mechanism (e.g., a Safety Handle w/dead-man switch) that only allows auger to operate when operator is in contact w/ the controls (worker must be positioned at least 7’ behind sweep auger)

19. Recordkeeping Minimum • OSHA 300 Logs (10 or more employees) • Housekeeping Records (implementation) • Preventive Maintenance Inspection Records • Bin Entry Program (need not keep permits) • Hot Work Program (need not keep permits) • Confined Space Entry Permits (kept on file 1 yr) • Contractor Acknowledgement

20. Save the Date NGFA Grain Handling Safety Seminar Wednesday-March, 26 2014 Ramada Plaza Suites-Fargo, ND Sponsored by NDGDA-MGFA-SDGFA