OSHA Inspections “The Playbook”

If you are concerned about an inspection from the Occupational Safety and Health Administration (OSHA), there is good news.  OSHA Instruction CPL 02-01-004 is OSHA’s playbook when it comes to inspecting grain handling facilities.  This article will focus on several critical areas that will likely be included in the inspection process as well as “best practice” recommendations for compliance. 

Background

The standard for grain handling facilities, 29 CFR 1910.272 was promulgated on December 31st, 1987, and became effective March 30th, 1988.  Although the final rule applies to all grain handling facilities, it is not a true “vertical” standard since it is not intended to address all hazards found in these types of work environments. Therefore, be advised that other standards contained in 29 CFR Part 1910 for general industry and 29 CFR Part 1917 for marine terminals continue to apply to grain handling facilities.  29 CFR 1910.272, however, does take precedence inside grain handling facilities over other provisions in 29 CFR 1910 and 29 CFR 1917 for the specific hazards the grain standard addresses. 

Emergency Action Plans

29 CFR 1910.272 requires that an emergency action plan be in writing except for employers with 10 or less employees.  Employers with 10 or less employees will still have to comply with the 29 CFR 1910.38 (Emergency Action Plans) requirements and be able to substantiate that the plan is being communicated orally in an effective manner. All employees, including truck drivers, sales and office personnel, seasonal employees, and part-time employees must be included in determining the total number of employees at the workplace.  It is a recommended “best practice” that grain handlers develop a written emergency plan, regardless of the number of employees and train all employees routinely on the procedures within the plan. 

Training

In addition to the applicable training requirements outlined in 29 CFR 1910 General Industry, such as hazard communication, walking/working surfaces, lockout tagout etc., employees are required to be trained in the recognition and prevention of hazards associated with grain handling facilities, especially those hazards associated with their own work tasks.  Certified Health and Safety Officials (CSHOs) will verify that employees are trained in all aspects of their job tasks including bin entry and not to introduce ignition sources through the use of electric tools, welding, cutting, use of open flames or smoking in hazardous areas.  The standard does not require that training records be kept, however this is a recommended “best practice”.  The CSHO will substantiate training adequacy by reviewing the employer’s training records, if offered by the employee, or by interviewing a sample of employees.

Hot Work Permits

The standard does require that the employer issue a permit for hot work except where the employer’s representative, who would otherwise authorize the permit, is present while the hot work is being performed.  Welding shops authorized by the employer and hot work areas authorized by the employer outside of the grain handling structure are excluded from the requirements.  If a permit process is implemented, it must certify that the requirements contained in CFR 1910.252 Welding Cutting and Brazing are implemented and being followed.  If the employer elects to have a representative present instead of a permit, the employer must still follow the same requirements as if a permit were issued under CFR 1910.252.  It is a recommended “best practice” that a permit is issued each time hot work is performed in required areas.  While there is no requirement for permit retention, permits should be kept on file for a period of time that can demonstrate compliance with the standards.

Bin Entry Permits

A written bin entry permit is not required if the employer or representative who would otherwise be authorized to issue the entry permit, is present during the entire entry.  All other precautions contained within 1910.272 (g) must still be followed.  It is a recommended “best practice” that a permit process be implemented for entry into grain storage structures regardless of whether the employer or representative is present during the entire entry.  While there is not a requirement for permit retention, it is also recommended that permit documentation be kept on file for at least one year. 

The CSHO may also ask the employer to verify procedures to ensure that atmospheric testing equipment used to determine hazardous atmospheres including fumigants, oxygen deficiency, etc. are properly calibrated and maintained.  While there are no specific requirements within the standard for documenting calibration, it is a recommended “best practice” that calibration activities are documented.

Contractors

The standard requires the employer to provide specific instruction to contractors on the safety rules of the facility, including applicable provisions of the emergency action plan.  Simply providing a copy of the safety program would not ensure that the contractor has received sufficient information to take adequate precautions to prevent exposure to hazards.  It is a recommended “best practice” that employers meet with contractor employees prior to working at the facility to communicate and review safety requirements and potential hazards at the facility.  It is also a recommended “best practice” to document the subject matter discussed during the meeting, persons in attendance, hazards, and facility safety requirements discussed. 

Housekeeping

The standard requires that the employer develop and implement a written housekeeping program that establishes the frequency and methods determined to best reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.  The program must also address fugitive dust accumulations in priority areas. The use of compressed air to blow dust from ledges, walls, and other areas shall only be permitted when all machinery that presents an ignition source in the area is shut down, and all other known potential ignition sources in the area are removed or controlled.  While not required, the use of a compressed air cleaning or blowdown permit is a recommended “best practice “to ensure and demonstrate compliance with the standard.

Preventive Maintenance

The standard requires regularly scheduled inspections of “at least” the mechanical and safety control equipment associated with dryers, grain stream processing equipment, dust collection equipment, and bucket elevators.  A certification record must be maintained for each inspection containing the date of inspection, name of the person who performed the inspection and the serial number, or other identifier of the equipment.  The standard does not require a specific frequency for preventive maintenance.   The CSHO will analyze the program based on the time period.  The program must be adequate for “peak” periods, such as harvest. 

This article outlined several of the critical requirements and best practices for maintaining compliance with OSHA 1910.272 Grain Handling.  Please remember that other general industry and maritime requirements contained in parts 1910 and 1917 will apply to grain handling facilities.  Please visit www.osha.gov for more information on OSHA’s playbook (CPL 02-01-004).

OSHA Compliance Inspections

Our subject matter expert, Joe Mlynek, drafted this article for Grain Journal Magazine in the Summer of 2023.

A grain handling company recently asked me to perform a mock OSHA inspections at their facilities. The company had a policy and checklist for managing OSHA inspections but had never practiced or prepared in a simulated manner.

OSHA focuses their inspection resources on the most hazardous workplaces. There are six categories of inspections including:

1. Imminent danger situations which include hazards that could cause death or serious physical harm.

2. Severe Injuries and illnesses from workplaces that have reported a work-related fatality, inpatient hospitalization, amputation, or losses of an eye.

3. Worker complaints or allegations of hazards by employees.

4. Referrals from other federal, state, or local agencies, individuals, organizations, or the media.

5. Targeted Inspections of high hazard industries or individual workplaces that have experienced high rates of injuries or illnesses.

6. Follow-Up Inspections to verify abatement of violations cited during previous inspections.

For the purpose of the mock inspections, we simulated targeted inspections based on the local emphasis program (LEP) for grain handling facilities. LEP enforcement strategies are intended to address hazards or industries that pose a particular risk to workers.

Upon arriving at each facility, we discussed the importance of verifying the inspector’s credentials. During the opening conference I played the role of an OSHA compliance officer and indicated that the LEP targeted inspection would focus on the grain handling areas of the facility. I also requested the company provide documentation including OSHA 300 logs for the past five years, the written hazard communication program to include a safety data sheet for grain dust/whole grains, their lockout tagout program, a copy of their certification of hazard analysis for personal protective equipment, and items from OSHA instruction CPL 02-01-004 inspection of grain handling facilities. This directive instructs compliance officers to focus their attention on items including emergency action plans, training documentation, hot work permits, bin entry permits, provisions for contractors, the written housekeeping program, and preventive maintenance inspections.

Emergency action plans must be in writing except for employers with 10 or less employees. Employers with 10 or less employees will still have to comply with the 29 CFR 1910.38 (Emergency Action Plans) requirements and be able to substantiate that the plan is being communicated orally in an effective manner.

In addition to the applicable training requirements outlined in OSHA’s General Industry standards, OSHA 1910.272 also requires that employees be trained in the recognition and prevention of hazards associated with grain handling facilities, especially those hazards associated with their own work tasks. Employees must be trained in all aspects of their job tasks including bin entry and not to introduce ignition sources through the use of electric tools, welding, cutting, use of open flames, or smoking in hazardous areas. In addition, OSHA requires grain handling facilities to provide specific instruction to contractors on the safety rules of the facility, including applicable provisions of the emergency action plan.

OSHA 1910.272 also requires the employer to issue a permit for hot work except where the employer’s representative, who would otherwise authorize the permit, is present while the hot work is being performed. Welding shops authorized by the employer and hot work areas authorized by the employer outside of the grain handling structure are excluded from the requirements. If a permit process is implemented, it must certify that the requirements contained in CFR 1910.252 Welding Cutting and Brazing are implemented and followed. If the employer elects to have a representative present instead of a permit, the employer must still follow the same requirements as if a permit were issued under CFR 1910.252. 

Grain handling facilities must issue a permit for entering bins, silos, or tanks unless the employer or the employer’s representative (who would otherwise authorize the permit) is present during the entire operation. The permit must only be kept on file until completion of the entry operations.

OSHA 1910.272 requires that the employer develop and implement a written housekeeping program that establishes the frequency and methods determined to best reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces. The program must also address fugitive dust accumulations in priority areas.

The Grain Handling Standard requires regularly scheduled inspections of “at least” the mechanical and safety control equipment associated with dryers, grain stream processing equipment, dust collection equipment, and bucket elevators. A certification record must be maintained for each inspection containing the date of inspection, name of the person who performed the inspection and the serial number, or other identifier of the equipment.

Upon completion of the opening conference, I conducted a walk around inspection. The inspection focused on items including combustible dust housekeeping in priority areas, walking and working surfaces, hazard monitoring equipment required by the grain handling standard, machine guarding, and electrical hazards. The two company escorts were in my hip pocket the entire time. They kept detailed notes of everything I focused on and discussed during the inspection. They also took pictures of everything I took pictures of. They did a respectable job of not volunteering any information, while asking questions on items I commented on or wrote down. I could tell that they had been trained in their company’s inspection protocols.

Upon conclusion of the inspection, a closing conference was held. The management representatives did an impressive job of asking questions regarding potential violations. Noting the potential violations helps ensure that there will be no disputes at a later conference or hearing. It also allows the company time to address abatement of potential citations.

Consider performing random mock OSHA inspections at your grain handling facilities(s). Use the information covered in this article as a guide. I think you will find that they are a positive learning opportunity and good practice for the real thing. As they say, practice makes perfect, but only if you practice perfectly.

A Comprehensive Fall Protection Resource

When working at heights, safety should always be the top priority. Using a Personal Fall Arrest System (PFAS) without evaluating fall clearance can lead to severe injuries or fatalities. Before utilizing a PFAS, workers must have a foundational understanding of fall clearance.

Calculating Fall Clearance

To accurately calculate fall clearance, you need to consider several crucial factors:

  1. The length of the connector, including the deceleration distance.
  2. The length of the worker’s body.
  3. An adequate safety factor.

We cover the formula for calculating fall clearance in this blog post. We’ll review here as well.

Deceleration distance refers to the vertical distance a worker travels from the moment the fall arrest system activates until they come to a complete stop. This distance is critical to ensuring that workers do not hit the ground or any obstacles below. Typically, the deceleration distance cannot exceed 42 inches (3.5 feet).

Example Calculation

Consider a six-foot worker using a body harness attached to a six-foot connector equipped with a deceleration device and a three foot safety factor. The connector is linked to the harness’s dorsal D-ring and a suitable anchorage point. Based on this scenario, the worker must ensure that the anchorage point is at least 18.5 feet above the lower level, any obstruction, or dangerous machinery. If there isn’t sufficient clearance, the worker should either select a different anchor point or utilize equipment such as aerial lifts or scaffolding. Opting for a shorter connector can also help reduce the required clearance distance.

Understanding Orthostatic Intolerance and Suspension Trauma

Most employees are aware of fall hazards in their work environment and possess knowledge of fall protection strategies, required equipment, and inspection protocols. However, they often lack an understanding of orthostatic intolerance and suspension trauma.

Orthostatic intolerance occurs when a worker experiences symptoms like light-headedness, heart palpitations, fatigue, and even fainting while standing upright. This condition arises from blood pooling in the leg veins due to a lack of movement or the force of gravity.

When a worker hangs in a harness, the straps can compress leg veins, significantly reducing blood flow to the heart. If not addressed, this can lead to loss of consciousness, a situation known as suspension trauma. Research indicates that prolonged suspension in a harness can result in unconsciousness and potentially death within 30 minutes.

Preventing Suspension Trauma

Workers can mitigate the onset of suspension trauma by actively pumping their legs while suspended, which helps facilitate blood flow back to the heart. Additionally, suspension trauma straps can be employed; these attach to the harness and allow workers to maintain an upright position, further aiding blood circulation.

The Importance of Quick Rescue

To prevent suspension trauma, rapid rescue of a suspended worker is critical. The Occupational Safety and Health Administration (OSHA) mandates that employers ensure the prompt rescue of employees in the event of a fall. This may involve an in-house rescue team or the deployment of first responders equipped with necessary tools like ladders, ropes, and aerial lifts.

Rescuers must be cautious when handling an unconscious worker due to the risk of reflow syndrome, which can occur when blood surges back to the heart after the harness is removed. To minimize this risk, rescuers should keep the worker’s upper body elevated at a 30–40-degree angle.

The Importance of Inspections

According to the Occupational Safety and Health Administration (OSHA) standards, it is essential for PFAS to be inspected before initial use and during each work shift. For general industry, OSHA 1910.140 states that “personal fall protection systems must be inspected…for mildew, wear, damage, and other deterioration, and defective components must be removed from service.” Similarly, for the construction industry, OSHA 1926.502 mandates that “personal fall arrest systems shall be inspected prior to each use for wear, damage and other deterioration, and defective components shall be removed from service.”

While OSHA does not require documentation of pre-use inspections, it’s wise for companies to document these inspections or incorporate them into daily hazard analysis processes. This ensures employees are aware of and comply with safety standards.

Annual inspections, required by ANSI standards, but considered voluntary are regarded as best practice. Document these inspections by having a competent person initial and date the equipment’s inspection tag or label. A more comprehensive option includes documenting the inspector’s name, date, equipment model and serial numbers, pass or fail grade, and any service or repair performed.

A common question regarding fall protection equipment, especially body harnesses and connectors, is about their service life. OSHA and ANSI do not specify a maximum service life for synthetic fiber products. However, both require that users remove equipment from service if it has been subjected to a fall. Many manufacturers provide an estimated or recommended service life, usually around five years, and many organizations follow this guideline.

Conclusion

Planning for fall-related emergencies is essential. Assess the activities that require fall protection equipment in your facility and ensure that a rescue plan is in place. Employees should be educated about the dangers associated with suspension trauma and never work alone when using fall arrest equipment. Remember, safety doesn’t have to be complex; simple steps, such as educating workers and adhering to inspection protocols, can prevent serious injuries and save lives.