On March 15th and again on March 20th, the local Regional OSHA office, in collaboration with Mass. Marine Trades Association, sponsored a Local Emphasis Program to outline their plans for an enforcement program to conduct marine industry inspections in the state. About 160 persons attended these sessions to learn what OSHA considers adequate safety and health programs by the employer to protect their employees.

This Emphasis Program was prompted by the high rate of Lost Workday Injury and Illness ratio in our industry - approx. 17.1 per 100,000 vs. 2.9 for all industries. Brenda Gordon, Area Director for OSHA, outlined their 5 year Strategic Plan to reduce this ratio by 15%. Their priorities would be Strong Enforcement, Creative Partnerships, Improved Rule Making, and Expanded Education and Outreach.

Neal Doherty, the Assistant Area Director, outlined the most frequently cited standards which included General Machine Guarding (about 91%), Lock Out/Tag Out (75%), Wiring Methods (62%), Mechanical Power Transmission, and General Electrical. On Health Standards, those were Hazard Communications, Respiratory Protection, Personal Protective Equipment, and Noise. In the discussion on Noise, it was recommended any pre-employment physicals include a hearing test to preclude future problems with the employee. He also addressed the fatality statistics in Region 1 for last year. These were 14 from falls, 3 by electrocution, 5 being crushed or caught between equipment, 1 struck by a moving object, and 9 from other sources.

This Local Emphasis Program is planned to take effect by April 20th at the earliest. It is a three year program starting at the effective date (4/20). There will be an Inspection Cycle using 5 employees of OSHA and the plan is to have no more than 4 cycles - or 20 inspections per year, depending on the OSHA work load.

Marine businesses will be chosen for an inspection strictly on a random basis. It will not be by area or alphabetically. Hopefully there will be a call in advance to set up an opening conference with the Compliance Officer. The employer should have an employee representative present - a union representative is required if you’re unionized.

There will be a “walk around” of the location where the Compliance Officer will write down any problems and take photos. He/she may also have a private discussion with any employee involved.

After this, there will be a closing conference where any hazards found will be discussed, a time frame to address the problems set, and a citation and/or penalty may be established at the Compliance Officer’s recommendation.

The employer then has the right to an informal conference with the OSHA office but must request this within 15 working days. If not resolved at this informal conference, the employer can file a Formal Notice of Contest, again within 15 working days of any decision made at the informal conference. This Formal Notice is reviewed by a Review Commissioner (Judge), usually in 6 to 8 months, with a final decision taking an additional 3 to 6 months.

Mary Shannon, an 11C Investigator with OSHA, outlined the procedures available for employees to address their safety concerns. The complaint must be filed within 30 days and can be by letter, Fax, or E-mail. Her phone number is (617) 565-6924 ext. 546; Fax (617) 565-6923. If the complaint comes under the Environmental Protection Laws, a so-called “whistle blower” must file their complaint by letter only.

Specific hazards associated with the marine industry were addressed by Paula Vaccaro, CSHO, and Pat Griffin, Compliance Assistance Specialist. Scaffolding hazards were particularly considered in the marine industry. The five most serious were falls, unsafe access, struck by falling objects, electrocution, and scaffold collapse. Above 10 feet fall protection is required; harnesses cannot be tied to the scaffold and the anchorage point must be rated at 5,000 lbs. per man; there must be a shock-absorbing device on the harness; and guard rails must be on all open sides of scaffold. Anybody building a scaffold must be trained as must the worker on the scaffold. A competent foreman or a qualified worker who can recognize the problems, can be the trainer.

So-called “horse scaffolds” where saw horses are used one over the other, are acceptable up to 10 feet, as long a they are of good construction, placed one over the other, and nailed in place Manually propelled mobile scaffolds require a ladder (not the cross bracing), and cannot be moved with anyone on them.

Under electrical hazards, the so-called “Lock out/Tag out” rules apply. Not only must the appliance or machine be locked off, but the energy supply must be cut off when any maintenance or replacement work is being done. Ground Fault Circuit Interrupters should be rated at 5 miliamps; normal household ones are 15 amps! The suggestion was made that a tester made by Woodhead - available at most hardware stores or Home Depot - be used to test outlets and cords, even if GFCI. Power strips are not to be used outdoors.

Extension cords should be protected from being run over by using 2 x 4’s or similar material to form a trough. Cords should also be embossed with SO/SJO/SJC.

All equipment handling personnel, including fork lift operators, require certification in writing by OSHA since 12/1/99. The manufacturer of the equipment may be able to certify your personnel, or your insurance company may have a program. See also separate article on licensing as required by Massachusetts. Travelift operators must have a hoisting license. Chain slings must have rated tags attached; nylon slings can not be used if red thread is showing through. The use of bosun’s chairs is under investigation and we will be advised.

Brenda Gordon outlined some of the Hazard Communication programs needed. These included a written program showing list of chemicals used; material safety list from each manufacturer; solvents and paint thinners used; and welding materials. All containers of hazardous materials should be labeled with the name and a warning. Employees should be trained and have knowledge of this list’s location.

A written respiratory program should be available, naming a program administrator. The employer should provide free medical and training evaluation by a physician or licensed health care person, prior to the employee using the materials. This can be a written medical questionnaire from the physician.

After the OSHA presentation, Paul Petrowski, Industrial Safety Consultant from the State, outlined the Mass. Consultation Program for employers. This is a free inspection to check your compatibility with OSHA requirements. OSHA cannot offer this type of service directly. With the State inspection, the scope of the service can be defined or can be cut off completely if desired. There are no penalties or fines; however there is an obligation to correct any problems found. It is a cooperative venture with the employer who will receive a written report. The inspector may also offer some informal training where needed. They also will assist in developing an overall general safety and health program for the firm. At the same time, there is no guarantee that you will pass an OSHA inspection but it would appear to be worthwhile as an initial step before OSHA comes in! There is a brochure available - we have a limited number so let us know if needed. (781) 545-2803.

To arrange for the State Consultant, call (617) 969-7177.

OSHA Web Site: www.osha.gov