Important 2017-2018 OSHA Regulatory Changes and Dates for Implementation

Over the past year, there have been several changes to the State and Federal Standards. And starting January 1st there are more that go into effect for 2018. The following is a partial list of the changes, their effects, and their implementation dates. Some of this content has been reprinted from OSHA.gov. Please see the Nevada Revised Statutes (NRS) for full details on the Rules listed below or contact your local SCATS office for more information at 1-877-472-3368.

Final Rule to Protect Workers from Exposure to Respirable Crystalline Silica / Effective June 23, 2016 – https://www.osha.gov/silica/index.html

The rule requires that employers limit workers’ exposure to respirable crystalline silica dust, which can become airborne during tasks such as cutting, grinding, drilling, or crushing materials containing crystalline silica such as brick, concrete, stone or mortar. Workers can also be exposed to respirable crystalline silica during operations that involve the use of industrial sand and abrasive blasting with sand. Typical methods to reduce or eliminate dust in the air include wetting down the operation or using local exhaust ventilation. In addition to requirements to limit workers’ exposure, the rule requires employers to take other steps to protect workers, such as providing training to workers exposed to respirable crystalline silica and offering medical exams to highly exposed workers.

Employers covered by the construction standard have complied with most requirements of the standard by September 23, 2017 (delayed from June 23, 2017).

Employers covered by the general industry and maritime standard must comply with most requirements of the standard by June 23, 2018.

Final Rule to Improve Tracking of Workplace Injuries and Illnesses / Effective Jan. 1, 2017 – https://www.osha.gov/recordkeeping/finalrule/index.html

The rule requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently.

The new reporting requirements will be phased in over two years:

The electronic reporting system for submitting 2016 injury and illness reports became available August 1. OSHA will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on December 31, 2017. OSHA will not take enforcement action against those employers who submit their reports after the December 15, 2017, deadline but before December 31, 2017, final entry date. Starting January 1, 2018, the ITA will no longer accept the 2016 data. Applicable employers can submit injury and illness data using an electronic reporting system. The anti-retaliation provisions became effective August 10, 2016, but OSHA delayed their enforcement until Dec. 1, 2016.

For more information, visit the Injury Tracking Application, Electronic Submission of Injury and Illness Records to OSHA.

Final Rule to Update General Industry Walking-Working Surfaces and Fall Protection Standards / Effective Jan. 17, 2017 – https://www.osha.gov/walking-working-surfaces/RegTextWWSFinalRule.pdf

The rule updates the general industry standards related to hazards from slips, trips and falls, and falls from heights. Among other features, it provides greater flexibility in choosing a fall-protection system, brings general industry scaffold requirements in line with those for construction, adds protections for fixed ladders taller than 24 feet, requires regular inspection of walking-working surfaces, and requires training for employees who use personal fall protection equipment.

The rule took effect in January 2017 but has several delayed compliance dates for certain requirements on fixed ladders and building anchorages used with rope descent systems. As of May 17, 2017, employers are required to provide training on fall hazards for certain employees. For upcoming compliance deadlines on fixed ladder fall protection, inspections of equipment and anchorages, and more, see the timeline.

Most of the rule will become effective January 17, 2017, 60 days after publication in the Federal Register, but some provisions have delayed effective dates, including:

– Ensuring exposed workers are trained on fall hazards (May 17, 2017),

– Ensuring workers who use equipment covered by the final rule are trained (May 17, 2017),

– Inspecting and certifying permanent anchorages for rope descent systems (November 20, 2017),

– Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (November 19, 2018),

– Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system (November 19, 2018), and

– Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (November 18, 2036).

Under the rule, (29 CFR 1904.35) procedures that deter or discourage employee reporting are not reasonable. As interpreted by OSHA, the new rule requires employers to look at existing policies such as mandatory post-incident drug testing and employee safety incentive plans to ensure that they do not discourage employees from reporting injuries and illnesses.

Effective Jan. 17, 2017.

Starting January 1, 2018, the State of Nevada will require specific workers in the entertainment industry to complete an OSHA 10 hour (non-supervisory employee) or an OSHA 30 hour (supervisory employee) safety and health general industry course and receive a completion card within 15 days of hire.

The specific workers are ones whose primary occupation on site falls into one of these categories:

– Theatrical scenery, rigging or props

– Wardrobe, hair or makeup

– Audio, camera, projection, video or lighting equipment

– Any other items or parts which are related to or components of the items described in 1, 2 or 3 and which are used for on in conjunction with the presentation or production of:

o Live entertainment

o Filmmaking or photography, including without limitation, motion pictures

o Television programs, including, without limitation, live broadcasts, closed-circuit broadcasts or videotape recordings and playback

o Sporting Events

o Theatrical performances

This requirement will not apply to volunteers or any other persons who are not paid to perform work on a site.

Starting January 1, 2018, the State of Nevada will require specific workers in the entertainment industry to complete an OSHA 10 hour (non-supervisory employee) or an OSHA 30 hour (supervisory employee) safety and health general industry course and receive a completion card within 15 days of hire.

The new (changed) requirements are:

– Any accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees must be reported to NV OSHA orally within 8 hours.

– Any accident or motor vehicle crash occurring in the course of employment which results in the inpatient hospitalization of one or more employees, the amputation of a part of an employee’s body or an employee’s loss of an eye must be reported to NV OSHA orally within 24 hours.

The Governor of Nevada recently signed Assembly Bill 54 changing the employer injury and illness reporting requirements in the State of Nevada effective Oct. 1, 2017. This will bring Nevada injury and illness requirements in line with the federal reporting requirements that changed several years ago.