OSHA RECORD KEEPING

Basic Record keeping, per Title 8 CCR 1904.1(a)(1): If a company had ten (10) or fewer employees at all times during the last calendar year, there is no need to keep OSHA injury and illness records unless OSHA or the BLS informs the entity in writing that such records must be kept under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.

This means many small business are exempt from having an OSHA 300 log; only when a company expands to over 10 employees, there should be plans to address the record keeping requirements promptly.

Cal-OSHA Poster: Every employer must post in a prominent location in the workplace the Job Safety and Health Protection workplace poster, which informs employees of their rights and responsibilities under the Act. The poster may be obtained through the local Cal-OSHA office (see Safety and Health Protection On The Job — Cal/OSHA poster information here – http://www.dir.ca.gov/DOSH/puborder.asp)

Employee Exposure and Medical Records (Title 8 CCR 3204): Employee Information requirements are applicable to all employers and are reviewed upon an employee’s first entering into employment, and at least annually thereafter. The topics covered include access to medical records and workers compensation matters, material safety data sheets, and exposure monitoring data.

OSHA SAFETY PROGRAMS

Illness and Injury Prevention (Title 8 CCR 3203) – Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and must address very specific issues. The only exceptions pertinent to small business entities are:

• EXCEPTION (1): This applies to the training records only. Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees’ job assignments . This training can be kept in the form of a written log.

• EXCEPTION (2): Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.

Hazard Communication (Title 8 CCR 5194): All California employers who have their employees use hazardous substances (i.e., any chemical, as Cal-OSHA has a broad definition of what is hazardous), must have a hazard communication program. This requirement is regardless of company size.

The OSHA Hazard Communication Standard requires employers to inform their workers of the potential dangers of any chemical hazards on the job, and to train them in proper safeguards. This includes information on the hazards and identities of chemicals they are exposed to when working and the protective measures available to prevent adverse effects. (Note: A full chemical inventory must be generated under this standard. Essentially, this will list the name, CAS Number, amount, and hazard associated with each chemical substance on site. .

Emergency Action and Fire Prevention Plans (Title 8 CCR 3220 and 3221): For employers with 10 or fewer employees the emergency action and fire prevention plans may be communicated orally to employees and the employer need not maintain written plans. This communication can be done during safety-training sessions.

EPA/CA WASTE GENERATOR REQUIREMENTS

Since most small business entities generate 100 kilograms or less of RCRA waste or one kilogram or less per month of acutely hazardous waste, and meet certain other requirements, they are exempted by U.S. EPA from many of its regulations, including the requirement to have an EPA ID Number. Businesses like these may be classified as “conditionally exempt small-quantity generators”, or CESQGs.

However, California regulations do not have an equivalent small quantity generator exemption. Almost all business generators of hazardous waste in California that are not required to have a U.S. EPA ID Number must, in practice, have a California ID Number. Subsequently, based on the nature of the operation, a California ID Number may be required.

DOT TRAINING REQUIREMENTS

DOT HazMat Safety training (49 CFR 172.700 ff): Any person in charge of receiving hazardous materials shipments will be required to undergo DOT HazMat Training covering topics such as shipping papers, labels, markings, placarding, and emergency response actions.

HAZARDOUS MATERIALS BUSINESS PLAN

Hazardous Materials Business Plan (Ch. 6.96, California Health and Safety Codes): If a business uses, handles, or stores a hazardous material (including hazardous waste) or an extremely hazardous material in discloseable quantities greater than or equal to the specific guidelines, a Hazardous Materials Business Plan is required.

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Please contact Eastman Enterprises to inquire about services, rates, and issues that matter to your facility!

Leslie Eastman is the sole proprietor of Eastman Enterprises, and has nearly 20 years of experience in providing training, regulatory compliance documentation, and guidance to meet the requirements of federal, state, and local agencies.

Eastman Enterprises is based in San Diego. Subsequently, this firm is able to readily provide on-site assistance to facilities located within the San Diego County area. However, Eastman Enterprises can also assist companies nationwide on various aspects of their compliance programs.

Ms. Eastman’s complete resume can be found by clicking HERE. Please check this site regularly for updates, new information, and useful links for environmental health and occupational safety compliance programs.

DETAILS:

Eastman Enterprises
Leslie Eastman Resume
Cell: 858-205-3694
Email: lpeastman@sbcglobal.net