Gary Finch on OSHA Compliance and Employee Safety

Rarely does a day go by that we don’t have one of our customers call in with a question.  Here are some of the best questions, with answers explained in detail.  If you have a question, you can send it to us using the Contact Us form link on the left of the menu.  This Q&A page will add new questions and answers periodically.

 

Q.            If I (an employee) request a back support belt, is my employer required to provide it to me free of charge?

No, the employer is not required to provide back support belts, although many employers choose to do it.  The use of back belts in industry is a topic of repeated debate. The available scientific data, to date, neither completely supports nor condemns the wearing of back belts to control low back injuries.  Promotion of belts as a "quick fix" solution to the injury problem may not be the most effective method of reducing the risk of injury/illness and controlling costs. The National Institute for Occupational Safety and Health (NIOSH) does not recommend the use of back belts to prevent injuries among uninjured workers and together with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) does not consider back belts to be personal protective equipment. NIOSH emphasizes that back belts do not mitigate the hazards to workers posed by repeated lifting, pushing, pulling, twisting or bending. Despite inconclusive evidence, some individuals perceive a benefit from wearing a belt, but they are not a substitute for a comprehensive back injury prevention program. 

Belt wearers must receive education and training. Education should include information on how injuries occur, ways to minimize low back stress and loading, the importance of early reporting of discomfort and ways to report ideas involving ergonomic changes. Training should include the proper use of mechanical materials handling equipment and the proper performance of body mechanics, exercise and appropriate lifting techniques. All training must have daily follow through with supervision, observation and correction to assure safe job performance.

 

Q.            You have said before that OSHA requires us to keep Material Safety Data Sheets (MSDS’s) for thirty years after we stop using the product.  I read the Hazard Communication Standard three times and there is nothing in it about keeping records thirty years.  Are you sure you don’t have this mixed up with medical records?

If I told you it was not required, that would be correct, but it would not be accurate.  You read up on the hazard communication standard, which is 1910.1200 in the code of regulations.   There is another standard that governs Exposure Records.  That standard is 1910.1020.  That standard makes it clear that MSDS’s are considered exposure records, just like medical records. 

However, that standard also allows you to substitute chemical inventory and productivity records for the MSDS, so you have a choice of which record to retain.  Funeral homes don’t normally keep chemical inventory records, so in your situation; you really don’t have a choice.  You must retain the MSDS for 30 years after the product was depleted form your inventory. 

You may wish to keep two MSDS manuals.  The primary manual would house MSDS records for the products you currently use.  Set up a second manual and label it MSDS Archives.  This will house MSDS files for products you no longer have on inventory.   

 

Q             I had my hepatitis B shots in 1992.  Since it has been twelve years, do I need a booster and if so, do I have to pay for it?

    This is a popular misconception, even in some healthcare circles.  Let me quote from the CDC on this matter.

“Current data shows that vaccine-induced hepatitis B surface antibody (anti-HBs) levels may decline over time; however, immune memory remains intact indefinitely following immunization.  Persons with declining antibody levels are still protected against clinical illness and chronic disease.

  For health care workers with normal immune status who have demonstrated an anti-HBs response following vaccination, booster doses of vaccine are not recommended nor is periodic anti-HBs testing.”

So the employer is not required to pay for testing or booster shots.  The CDC and OSHA do not recommend it and do not think it is necessary.

 

Q.                  Is an employee sign-in sheet sufficient to show that an employee attended our training course?

 

It depends on the areas and subject matter of the training.  A sign in sheet will suffice if you are conducting annual formaldehyde safety renewal training.  It is not sufficient to document bloodborne pathogen safety renewal training or for your annual sharps safety training.   Good documentation is beneficial in situations where an employee claims  he was not trained.  It also helps in an OSHA inspection.  Therefore, we would prefer that you use our training certificates for documentation.  A sign-in sheet works to document general safety training.  For employees exposed to hazardous substances, formaldehyde, bloodborne pathogens, and sharps; use our training certificates in addition to any sign-in sheet.

Each standard has different documentation requirements.  Generally, the newer the standard is, the more documentation it will require.  For example, the requirement to train about safe sharps comes from an amendment to the bloodborne pathogen standard in 2002.  Even so, it requires separate and  more detailed documentation than is required for bloodborne pathogens. 

 

If you would like to submit an OSHA compliance and safety question to Gary, please use the Contact Us form found in the left menu.