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A Primer on OSHA Regulations for Railroads
The document outlines the role of the Occupational Safety and Health Administration (OSHA) in regulating railroads, emphasizing its mission to ensure safe working conditions. It discusses various OSHA standards applicable to the railroad industry, potential penalties for violations, and the importance of creating a positive safety culture. Additionally, it highlights ongoing regulatory changes and the need for systematic approaches to health and safety in the workplace.
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A Primer on OSHA Regulations for Railroads
- 1. American Short Lineand Regional Railroad Association (ASLRRA) April 2016 OSHA Can Regulate the Railroads
- 2. How OSHARegulates the Railroads Summary of Regulations and Pending Regulatory activity Planning for Success in Complying with OSHA Regulations Topics to be Covered OSHA CAN REGULATE THE RAILROADS Antea USA, Inc. 1
- 3. How OSHA Regulatesthe Railroads
- 4. Occupational Safety andHealth Administration, an agency of the U.S. Department of Labor (DOL) responsible for improving worker safety and health protection. Brief History of OSHA HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 3 On December 29, President Nixon signed the OSH Act 1971 This Act created OSHA, the agency, which formally came into being on April 28 1970
- 5. The mission ofOSHA is to assure safe and healthful working conditions in the workplace. Some of the things OSHA does to carry out its mission are: • Developing job safety and health standards; and • Enforcing them through worksite inspections OSHA’s Mission HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 4
- 6. FRA regulates matters thatrelate to operational safety (i.e. safe movement of equipment over rails). All other aspects will be enforced by the Department of Labor – OSHA, where the conditions are similar to those in any industry. OSHA and FRA Relationship HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 5
- 7. 07/16/2012 The Federal RailroadAdministration, U.S. Department of Transportation MEMORANDUM OF AGREEMENT between THE FEDERAL RAILROAD ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION and THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION U.S. DEPARTMENT OF LABOR Memorandum of Agreement HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 6
- 8. Employers Responsibility Employees Rights Citations and Penalties TheWhistleblower Protection Programs Why is this important to railroads? HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 7
- 9. Citations and Penalties HOWOSHA REGULATES THE RAILROADS Antea USA, Inc. 8 Violation Type Potential Penalty ( 80% increase by August 2016) Other Than Serious Up to $7,000 per Day Serious Up to $7,000 per Violation Willful $ 5,000 - $70, 000 per violation Repeat Up to $70,000 per Violation Egregious Up to $70,000 per Violation Failure to Abate Up to $7,000 per Day Falsifying Records, Reports or Applications Up to $10,000 and 6 Months in Jail Violating Posting Requirements Up to $7,000 Assaulting, Resisting, Intimidating, Interfering with Compliance Officer Up to $5,000 and 3 Years in Jail
- 10. 4,679 workers were killedon the job in 2014 On average, almost 90 a week or more than 13 deaths every day. Fatal work injuries involving contractors accounted for 17 percent of all fatal work injuries in 2014. OSHA Statistics HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 9
- 11. OSHA Whistle BlowerAct Cases 2005-2015 Recent Railroad Industry Activity HOW OSHA REGULATES THE RAILROADS Antea USA, Inc. 10 Year No of Cases FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY2014 FY2015 0 0 1 45 145 201 340 385 353 353 276
- 12. Summary of Regulationsand Pending Regulatory Activity
- 13. Summary of DOL– OSHA Laws and Regulations Affecting the Railroads SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY Antea USA, Inc. 12 OSHA standards are: • Rules that describe the methods employers must use to protect employees from hazards • Designed to protect workers from a wide range of hazards Where there are no specific standards, employers must comply with the General Duty Clause of the OSH Act. Four Groups of OSHA Standards: 1. General Industry* 2. Construction 3. Maritime 4. Agriculture *General Industry is the set that applies to the largest number of workers and worksites
- 14. Federal OSHA vsState OSHA SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY Antea USA, Inc. 13
- 15. OSHA Standards-Railroad Industryand Pending Regulations SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY Antea USA, Inc. 14 29 CFR 1910 – General Industry 29 CFR 1926 – Construction
- 16. OSHA Standards andPending Regulatory Actions SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY Antea USA, Inc. 15 Standard or Issues Potential Exposure Concern Silica Dust Handling sand, ballast dumping and locomotive sand filling Regulations Changes March 24, 2016. Asbestos signal boxes, remodeling old buildings, piping, bridge work Causes cancer, of the lungs and mesothelioma Metal Fumes welding frogs, hardened steel in shops Pending regulations Beryllium
- 17. OSHA Standards andPending Regulatory Actions SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY Antea USA, Inc. 16 Standard or Issues Potential Exposure Concern Lead In car/locomotives paint , in sanding, painting, Lead poisoning Noise and Hearing Conservation Non-transportation (Shop, MOW) employees who are exposed to potential excessive noise. Compliant programs - annual testing, monitoring protection, Training Access to Medical Records Any noise, chemical, metals exposure sampling Employee right to know hazard of exposures
- 18. OSHA Standards andPending Regulatory Actions OSHA STANDARDS AND PENDING REGULATORY ACTIONS Antea USA, Inc. 17 Standard or Issues Potential Exposure Concern 1. Hazard Communication Right of employees to know chemicals in the work place Standard revised, all elements must be completed by June 2016 2. Respiratory Protection Protection from breathing harmful materials during various activities, welding, painting, handling chemicals, etc. Potential harmful materials – exposure to silica, metal fumes, paint fumes 3. Bloodborne Pathogens Protection of responders to first aid and medical emergencies Pending revisions
- 19. OSHA Standards andPending Regulatory Actions OSHA STANDARDS AND PENDING REGULATORY ACTIONS Antea USA, Inc. 18 Standard or Issues Potential Exposure Concern 4. Control Of Hazardous Energy (LOTO) Shops, construction site Serious injury 5. Confined and Permitted Confined Spaces Tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, tunnels, equipment housings, ductwork, pipelines, Recent Changes for Construction Industry 6. Compressed Gases Cylinders used by welders, in construction Potential missiles, if handled and stored properly
- 20. OSHA Standards andPending Regulatory Actions OSHA STANDARDS AND PENDING REGULATORY ACTIONS Antea USA, Inc. 19 Standard or Issues Potential Exposure Concern 7. Fall Protection shop environments, but may affect other areas if there is a potential for a injury ,OSHA can apply General Duty Clause in other areas 8. Cranes Fixed and Mobile cranes in shop and construction sites Construction standard recently revised; FRA Pending; Deadlines 9. Walking and Working Surfaces Common cause of injury – uneven surfaces, ladders Most cited Standard
- 21. 2015 Top TenMost Cited OSHA Standards OSHA STANDARDS AND PENDING REGULATORY ACTIONS Antea USA, Inc. 20 Fall Protection 6,721 C Hazard Communication 5,192 Scaffolding 4,295 C Respiratory Protection 3,305 Electrical, Wiring Methods 2,404 Powered Industrial Trucks 2760 Ladders 2,483 C Lockout/Tag-out 2,0002 Electrical, General Requirements 1,973 Machine Guarding 2,295
- 22. Planning for Successin Complying With OSHA Regulation
- 23. Planning for Success PLANNINGFOR SUCCESS IN COMPLYING WITH OSHA REGULATION Antea USA, Inc. 22 01 02 03 Commit to Worker Protection as a business strategy. Planning for success in complying with OSHA Standards requires a systematic approach to Health and Safety in the workplace. Develop a Positive Safety Culture.
- 24. Complying with OSHAis Good Business: Planning for Success PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION Antea USA, Inc. 23 Safe and Healthy Workplace Avoid Loss for Citations and Penalties Avoid Business Interruptions
- 25. Planning for Success PLANNINGFOR SUCCESS IN COMPLYING WITH OSHA REGULATION Antea USA, Inc. 24 Leadership Commitment Hazard Identifications Training of Employees Systematic Approach to Health and Safety Employee Participation Continuous Improvement
- 26. ASLRRA Safety Institute: TheSafety Institute aims to enhance the safety culture of short line and regional railroads. The project includes several assessment activities, including a safety culture survey, safety-related document reviews, field observations, and safety culture interviews. Develop a Positive Safety Culture PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION Antea USA, Inc. 25
- 27. Develop a PositiveSafety Culture PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION Antea USA, Inc. 26 Leadership is Clearly Committed to Safety Railroad Practices Continuous Learning Decisions Demonstrate that Safety Is Prioritized Over Competing Demands Reporting Systems and Accountability Are Clearly Defined Employees Feel Personally Responsible for Safety The Railroad Is Fair and Consistent in Responding to Safety Concerns There Is Open and Effective Communication Across the Railroad Mutual Trust Is Fostered between Employees and the Railroad ASLRRA Safety Institute Program Elements Training and Resources Are Available to Support Safety There is a Safety Conscious Work Environment
- 28. Topics covered today… Summary OSHA CANREGULATE THE RAILROADS Antea USA, Inc. 27
- 29. Questions: OSHA CAN REGULATETHE RAILROADS Antea USA, Inc. 28
- 30. Annie Richardson| ProjectManager | USA Antea®Group Direct: + 1 704 324 7043 USA Toll free: 1 800 477 7411 3530 Toringdon Way – Suite 106 Charlotte, NC 28277 [email protected] www.anteagroup.com