Director’s Column 2 Connecting Update 2 New Developments 3 Construction Update 4 General Industry Update 5 Consultation & Training Update 6 Technical Information 7 Vol. 16, No. 2 Spring 2012

Construction Partnerships: Improve the Bottom Line Construction Partnerships By: Patty Meyer, Director, Construction Safety and Health Division MIOSHA’s construction partnership companies have demonstrated an The MIOSHA Construction Safety and Health Division that Christman Constructors participated in; they also built outstanding commitment to pro- has entered into 13 partnership projects over the past seven a cast-in-place parking structure at the Michigan Street moting worker safety and health on years. The contractors and workers who have been fortu- Development Partnership Project in Grand Rapids. their projects. nate to work on a construction partnership project already Comparison of Partnership to Christman – Board of Water & know the benefits, i.e. less injuries, more collaboration Non-partnership Projects among workers, and incentives for safe work practices. Light REO Town Project – Lansing – For those who haven’t had the opportunity to work on a Christman Constructors, Inc. has completed six parking 2011 partnership project, read on…you may be surprised! structures from 2005 – 2011. All six parking structures were Pioneer Construction – Grand similar in many ways including design, formwork types, Working Safer Saves Money Valley State University Mary Idema hoisting, weather conditions, supervision, workforce, and Pew Library Project – Allendale – 2011 This is a success story about the MIOSHA partnership incident reporting procedures. The combined man-hours at the Accident Fund Holdings, Inc. Headquarters Project for all six projects totaled approximately 579,000 man- Barton Malow – C.S. Mott Chil- (AFHQ) in downtown Lansing with The Christman Com- hours. dren’s and Women’s Hospital Project pany as the Construction Manager. At the completion of Christman Constructors came to the following conclu- – Ann Arbor – 2010 project, we asked the workers what they thought of part- sions: Barton Malow – Stoney Corners nering with MIOSHA and was this partnership successful. n Their average DART rate was ZERO for the two part- Wind Farm Project – McBain – 2010 Some of the worker comments were: nership parking structures, while the average DART rate for Barton Malow – Severstal Mod- n “This partnership changed me…I’m proud to have the four non-partnership parking structures was 1.9. ernization Project – Dearborn – 2010 been a part of this…it would be hard to go back to the old n Their average DART rate for all work completed by Christman – Accident Fund Na- way of doing business.” Christman Constructors at the partnership projects was tional Headquarters Project – Lan- n “The partnership helped everyone learn to trust one 0.33 while the average DART rate for all work completed sing – 2009 another…we were encouraged to bring up any safety situ- at the non-partnership projects was 0.81. Kamminga & Roodvoets – Mus- ation.” n Their overall TCIR was significantly impacted by the kegon County Wastewater Manage- n “We were appreciated…they listened.” excellent safety performance on the partnership projects ment System – Muskegon – 2009 It was wonderful to hear these great comments, but it with a 1.34 TCIR rate on the partnership projects and a Kamminga & Roodvoets – was the comment from Doug Peters, Safety Director for 5.00 TCIR rate on the non-partnership projects. Kalamazoo Avenue Project – Grand Christman Constructors, Inc., that prompted me to learn Christman Constructor realized the emphasis on team Rapids – 2008 more. Doug said that this partnership played a major role in collaboration that took place on their two MIOSHA part- Christman – Michigan Street controlling safety-related costs. That’s right…they reduced nership projects as opposed to their traditional enforce- Development Project – Grand risk and saved on the bottom line by working safer! ment methods on their other four projects proved not only Rapids – 2007 Cast-in-Place Concrete Construction to be a great fit with their project management culture, but Barton Malow/Skanska – Beau- During 2009-2010, Christman Constructors, Inc., con- also in their bottom-line effectiveness on higher-risk proj- mont Hospital Expansion Project – structed a cast-in-place concrete parking structure at the ects. Overall, productivity increased and injuries were Troy – 2007 reduced, therefore creating safety-related savings! AFHQ project. These types of structures are very high-risk Detroit Edison – Monroe Power Contact the Construction Safety and Health Division and present several unique safety challenges. The work Plant Environmental Controls Con- at 517.322.1856 for more information about MIOSHA con- is conducted at heights that require significant resources struction Project – Monroe – 2007 and planning to ensure employees are protected from falls struction partnerships and create your own success story! Walbridge Aldinger & Barton throughout each phase of the project. Malow – Detroit Metro Airport Specific planning and coordination for rigging, hoist- North Terminal Project – Romulus – ing, swinging and moving loads are required for almost 2006 every task. In addition, structural concrete workers con- tinuously install heavy formwork and shoring to ensure Walbridge Aldinger – Dearborn that the hardened concrete strengths are sufficient. Combined Sewer Overflow Contract Christman Constructors developed best work prac- # 3 Project – Dearborn – 2005 tices in advance in order to mitigate or eliminate worker risk exposure for cast-in-place parking structures. They compared injury and illness data from several cast-in-place parking structures they completed on other Michigan con- struction projects and then used this data to refine their best work practices to make this type of work even safer. The AFHQ project was the second partnership project Director’s Column Connecting Update

mission: To support business growth Residential Fall Protection and job creation while safeguarding Falls are one of the leading causes Michigan’s citizens through a sim- of construction worker fatalities in ple, fair, efficient and transparent Michigan and across the nation. For regulatory structure. years falls have been the reason too The adjectives “simple,” “fair,” many of our family members, co- workers, friends and neighbors do not “efficient” and “transparent” are return home at the end of the work- demonstrated at all levels and in all day. This is the reason many people Martha Yoder MIOSHA program areas. MIOSHA Bart Pickelman, CIH Director have been working hard to prevent Deputy Director has historically taken the position these unnecessary deaths. The latest that we must train and make infor- effort is focused on falls that occur on ORR Report Released mation available before we regulate. residential construction sites. dential construction industry need- On March 12, 2012, the Office of Most recently this describes our work The MIOSHA Part 45, Fall Protec- ed to hear ideas and see examples of Regulatory Reform (ORR) issued its with industry regarding proposed tion, standard requires that employees how to set-up feasible fall protection report to Governor Snyder contain- changes for fall protection require- engaged in residential construction systems from those in the business ing recommendations for improv- ments in the residential building in- activities six feet or more above lower of building and renovating houses. ing Michigan’s workplace safety and dustry (See Connecting column). levels shall be protected by guardrail, To help residential contractors health . On March 14th, Our goal is to keep things simple safety net, or personal fall arrest sys- comply, MIOSHA sent informa- the report was presented to the House and understandable by using single tem (i.e., conventional fall protection) tional letters to over 8,500 residen- Committee on Regulatory Reform. topic fact sheets, sample programs, except where employers can dem- tial builders and trade contrac- This report includes 624 recom- templates, and . Transpar- onstrate that such conventional fall tors, and provided more than 70 mendations for changes to 334 sepa- ency and fairness at MIOSHA in- protection systems are infeasible or seminars across the state. MIOSHA rate MIOSHA rules that exceed the cludes extensive use of the MIOSHA would create a greater . also reached out to the residential construction industry for their as- federal standards with rescission of web page to post program informa- In 2004 MIOSHA issued compli- sistance with a Residential Fall over 611 distinct MIOSHA require- tion, ListServes to provide timely ance criteria that permitted residen- Protection Forum held March 29th. ments recommended. The ORR made updates, and a newly implemented tial contractors to use alternative methods instead of conventional fall The purpose of the forum was to nine additional recommendations. e-news to quickly share news. protection without having to dem- provide real and best (See Standards Update, Page 7) We It’s Great to be Back! onstrate the infeasibility or greater practices for complying with the are currently working with LARA It is wonderful to be back at hazard and without having a writ- revised residential fall protection and ORR in response to this report. MIOSHA. I believe strongly in the ten site specific fall protection plan. requirements. The goal of the ORR is to ensure value and mission of this important New Residential Fall Protection Working together we showed that Michigan’s regulatory environ- program! And, I have high regard Guidelines feasible methods for installing con- ment is simple, fair, efficient, and for the MIOSHA leadership team. I In June 2011, upon recommenda- ventional fall protection systems tions from several parties including that are not extremely costly or time “The ORR project has provided the National Association of Home consuming to utilize. In addition, in Builders, federal OSHA changed the instances where conventional the opportunity for a much-needed the guidelines used to enforce the fall protection systems are infeasible fall protection provisions which or create a greater hazard, the forum update of MIOSHA regulations by MIOSHA was required to adopt. The provided examples of effective fall eliminating rules that are duplicative, new compliance criteria still allows protection plans that comply with for an employer to develop a fall the new enforcement requirements. obsolete, or seldom used. protection plan that uses alternative The forum was sponsored by ” methods to conventional fall protec- the Michigan Association of Home conducive to business growth and look forward to working with Dep- tion but with some key changes. Builders, the Greater Lansing Home job creation. The purpose of the uty Director Bart Pickelman and the The fall protection plans must Builders and Remodelers Associa- tion, and MIOSHA. Forum present- Workplace Safety Advisory Rules Division Directors, as well as our now be site specific, written down, ers included: Titanus Cement Wall Committee was to produce advisory knowledgeable, dedicated staff. developed by a qualified person, Co., Universal Forest Products, recommendations to ORR. After 30 years, MIOSHA Director implemented by a competent person, Sherriff-Goslin Roofing, and Inde- The ORR project has provided Doug Kalinowski retired from the and be available on-site. The written pendent Framing, Inc. The forum the opportunity for a much-needed plans must also now include the MIOSHA program. Doug served in also included vendors for fall pro- update of MIOSHA regulations by many positions and was MIOSHA reasons why conventional fall pro- tection is infeasible or poses a great- tection systems, ladders, and scaf- eliminating rules that are duplica- Director for the past 10 years. Doug folding, who were on hand to dem- tive, obsolete, or seldom used. When has joined federal OSHA in Wash- er hazard and must identify each job- site location where conventional fall onstrate their products. We’d like to completed, the project will improve ington, D.C., as the Director of the protection will not be used. thank all parties for their participa- MIOSHA effectiveness by reducing Directorate on Cooperative and State The anticipated effective day for tion in the forum. the number of rules employers must Plan Programs. the changes is September 2012. A consider when creating their work- Doug’s leadership included the link to the “Updated Enforcement place safety and health systems. guiding principle to “Make a Differ- Policy for Residential Construction MIOSHA and LARA Missions ence” in everything you do, and he Fall Protection” is in the spotlight MIOSHA’s mission to help pro- certainly made a tremendous differ- section of our website, www.michi- tect the safety, health, fringe benefits ence to the MIOSHA program. gan.gov/miosha. and wages of Michigan workers is I am looking forward to the chal- Residential Fall Protection proactive and continues to serve the lenges ahead for all of us interested Forum program well. in workplace safety and health is- In true connecting fashion It also blends perfectly with the sues. Please know that as Doug be- MIOSHA approached the task of Department of Licensing and Regu- fore me, my door is always open and implementing these changes by latory Affairs (LARA) focus to be my phone is always available. Stay collaborating with the regulated customer driven and business mind- in touch and let me know your is- community. We understood the resi- ed, as well as the department’s new sues and suggestions. MIOSHA News Spring 2012 Page 2 New Safety & Health Developments Recording Work-Related Injuries and Illnesses

Accurate recordkeeping is a critical component persons (i.e., non-medical personnel). performing their “routine job functions.” If an em- of an employer’s total safety and health effort. Medical treatment does not include ployer makes a permanent job transfer, stop count- Here’s why: treatment (one-time treatment and subsequent ob- ing the restricted days and enter the total number of n Conscientious and detailed records can pro- servation of minor scratches, cuts, burns, splinters, days lost on the log. (This must be at least one day.) vide employers with a clear picture of their work and so forth, which do not ordinarily require medi- Are company parking lots considered part of environment. cal care) even though provided by a physician or the employer’s work premises? n Injury and illness data can help identify prob- registered professional personnel. The rule includes company parking lots and ac- lem areas. What are the three required forms? cess roads in the definition of “establishment.” n Employers can better administer company You must use the following or equivalent forms: Once the employee is out of the vehicle, injuries safety and health systems with accurate records. n Use the MIOSHA Form 300 Log of Work-Re- and illnesses occurring in parking lots and on ac- As employee awareness about injuries, illnesses, lated Injuries and Illnesses, to list injuries and ill- cess roads are considered work-related. These cases and in the workplace increases, employees nesses and track days away from work, restricted must be recorded on the company’s log if they meet are more likely to follow safe work practices and or transferred. the other recording criteria. The rule excludes in- report workplace hazards. n Use the MIOSHA Form 301 Injury and Illness juries and illnesses occurring while employees are Who is covered by MIOSHA’s recordkeeping Incident Report, to record supplementary informa- commuting to or from work. rule? tion about recordable cases. Are motor vehicle accidents recordable? Employers with 11 or more employees are cov- n Use the MIOSHA Form 300A Summary for Motor vehicle accidents that are work-related ered by MIOSHA’s recordkeeping requirements. Work-Related Injuries and Illnesses, to show totals are recordable. A motor vehicle accident is: a mo- Employers can review Part 11, Recording and Re- for the year in each category along with employees tor vehicle vs. a motor vehicle, or a motor vehicle porting Occupational Injuries and Illnesses, to see and hours worked. vs. a person. A motor vehicle accident that occurs in exactly which cases to record. Employers must enter each recordable injury the company parking lot or on the company access If you had 10 or fewer employees during all of and illness on the MIOSHA Forms 300 and 301 with- road is not recordable if the injury occurred during the last calendar year or your business is classified in seven calendar days of receiving the information the employee’s commute. in a specific low-hazard retail, service, finance, in- that an injury or illness has occurred. Must all fatalities be reported within eight surance, or real estate partially exempt industry, you Which of the forms am I required to post? hours to MIOSHA? do not have to keep injury and illness records, un- Employers must post only the MIOSHA Form YES. An employer is required by to notify less MIOSHA, the Bureau of Labor Statistics (BLS), 300A Summary of the previous calendar year from MIOSHA within eight hours of a fatality or any or the United States Department of Labor (OSHA), February 1 to April 30. Companies with no injuries hospitalization of three or more employees suffer- informs you in writing, that you must keep records. or illnesses in the previous calendar year must cer- ing injury or illness from an accident. Heart attacks These exemptions apply to recordkeeping tify and post the 300A with zeros on the total line. at work which result in a fatality fall within the re- only, and do not excuse any employer from other porting requirements. A special telephone line for How do I record a work-related injury or ill- MIOSHA requirements, or from compliance with reporting fatalities and multiple hospitalizations is ness that results in days away from work? all applicable MIOSHA safety and health standards. available 24 hours a day by calling 800.866.4674. When an injury or illness involves one or more MIOSHA also notifies selected establishments How can I get more information on days away from work, you must record the injury each year to report data requested by OSHA, as well recordkeeping? as the Bureau of Labor Statistics (BLS). If employers or illness on the MIOSHA Form 300 with a check If you encounter recording problems use good receive a BLS Survey or an OSHA Data Collection mark in the space for cases involving days away sound judgment and record the case under what Form, they must promptly complete the form and (“H” column) and an entry of the number of cal- you feel is the proper category. A case that is record- submit via mail or electronically to MIOSHA within endar days away from work in the number of days ed under the wrong category can easily be correct- 30 days. (“K” column). You must also check the appropriate ed. The important thing to remember is to record What is the basic recording requirement? entry (1-6) in the “M” column. If the employee is out for an extended period of any case you feel might be recordable; afterwards Each employer is required to keep records of time, you must enter an estimate of the days that seek clarification and assistance. work-related fatalities, injuries and illnesses that the employee will be away, and update the day For detailed information on the recordkeeping meet one or more of the general recording criteria, count when the actual number of days is known. standard and forms, check the “Recordkeeping & including: The standard relies on calendar days instead of Statistics” section on our website www.michigan. n Death, workdays. Count calendar days away from work, gov/miosha, or call the MIOSHA Management n Days away from work, Information Systems Section at 517.322.1848. For n including holidays and weekends; instead of sched- Restricted work, uled work days. Do not count the day of the injury information on recordkeeping seminars and other n Transfer to another job, or illness, or the day the employee returns to work. training opportunities call the CET Division at n Medical treatment beyond first aid, Employers may “cap” the total days away from 517.322.1809. n Loss of consciousness, work (including days of job transfer or restriction) n A significant injury/illness diagnosed by a at 180 calendar days. physician or other licensed health care professional. How do I record a case that results in restrict- How do I determine if a case is work related? ed work or job transfer? A case is considered work-related if an event or When an injury or illness involves restricted exposure in the work environment either caused or work or job transfer but does not involve death or contributed to the resulting condition. A case is con- days away from work, you must record the injury sidered work-related if an event or exposure in the or illnesses on the MIOSHA Form 300 by placing a work environment significantly aggravated a pre- check mark in the space (“I” column) for job trans- existing injury or illness. fer or restriction and an entry of the number of re- How do I separate first aid from medical treat- stricted or transferred days in the “L” column. You ment cases? must also check the appropriate entry (1-6) in the Medical treatment means the management and “M” column. care of a patient to combat disease or disorder. It Employers are required to record cases as re- includes treatment of injuries administered by phy- stricted work cases when the injured or ill em- sicians, registered professional personnel, or lay ployee only works partial days or is restricted from

Page 3 Spring 2012 MIOSHA News Construction Update Patty Meyer, Director Gate Strength Requirements for Snaphooks Construction Safety & By: Felix Acevedo, Safety Supervisor Health Division MIOSHA has received several questions ask- load the gate and cause a failure or roll out con- ing if we will enforce the General Duty Clause dition. 517.322.1856 for the newer ANSI Z359.1-2007 standard, which ANSI A10.32-2004 sets forth a 3,600-pound, gate compressive The requirements for comprehensive strength strength test on snaphooks (which includes cara- of snaphooks for personal fall arrest equipment Construction Demolition biners) that are a component of a personal fall ar- used for construction operations are found and Renovation Projects rest system. This ANSI standard does not apply in ANSI A10.32-2004, Fall Protection Systems – to construction operations. American National Standard for Construction and By: Patty Meyer, Director Part 45, Fall Protection Demolition Operations. ANSI A10.32-2004, Sec. Part 45, Fall Protection, 1926.502(d)(3&4) re- 4.5.3 states that snaphooks or shall The construction outlook in Michigan is showing quires all personal fall arrest system equipment be capable of withstanding a minimum load of some signs of growth; mostly in the health care and to have a minimum tensile strength of 5,000 220 pounds without the gate separating from the education sectors, and office space retrofitting. How- pounds and be proof-tested to a minimum tensile snaphook or ever, many of the projects continue to be renovations load of 3,600 pounds without cracking, breaking, body and additions of existing structures, not new build- or taking permanent deformation. However, Part by more than ing construction. 45 does not address the comprehensive strength of 0.125 inch and The Construction Safety and Health Division snaphooks, which is an important safety consid- be capable of focuses inspections on projects with the highest po- eration. Without sufficient compressive strength withstanding a tential of serious hazards. For safety the most seri- the gate of the snaphook can open, the personal minimum side ous hazards are: falls, electrocution, struck by, and fall arrest equipment can detach from its anchor- load of 350 crushed by. For health the most serious hazards are: age, and the employee wearing the equipment pounds with- asbestos, lead, cadmium, isocyanates, and noise. can fall. Snaphooks must be compatible with the out deforming Two types of projects where all these hazards are object that they are attached to in order to elimi- by more than more likely to be present are demolition and reno- nate the possibility of a condition that could side 0.125 inch. vation projects. This includes a variety of projects, i.e. bridge, road and utility reconstruction; plant dis- mantling; shopping center demolition; power house decommissioning; and office building renovations. Asbestos Abatement Accreditation On-Line Renewal Payment MIOSHA Demolition Standards MIOSHA has a specific construction safety stan- By: Tony Casaletta, Asbestos Program Manager dard for demolition work, Part 20, Demolition. Rule The MIOSHA Asbestos Program is pleased to announce that the MIOSHA Asbestos Abatement 2031 (1) requires an engineering survey be conduct- Accreditation On-Line Renewal Payment System is officially live! Every year the Asbestos Pro- ed by a competent person knowledgeable in demoli- gram handles an average of 3500 accreditation renewals from individuals throughout the country. tion before demolition work is performed. Since the inception of the program, all these renewals were mailed in; envelopes were opened The competent person must determine the condi- manually; and the checks processed by hand. tion of the foundation, roof, walls, and floors; wheth- Our customers now have a much more convenient feature that allows them to renew on-line er any adjacent structure would be affected by the using most major credit cards. The billing is electronic and the system automatically updates the demolitions; evaluate the utility services entering the individual’s information in the Asbestos Management Information System. Since going live on building; and any other conditions and equipment January 26, 2012, the on-line renewal system has assisted 65 customers in renewing their accredita- that could affect the safety of an employee. tions. The Asbestos Program is confident this number will increase as the word spreads throughout There are also specific requirements for con- the industry about the on-line renewal system. ducting an in several health The on-line renewal system is just the first step in a multi-phase project the Asbestos Program standards. Part 603, Lead in Construction; Part 602, is looking to participate in. Eventually the Asbestos Program would like to expand their on-line Asbestos, and Part 309, Cadmium; require an initial services to include all accreditation applications, notifications and submission of notification fees, exposure assessment prior to any work being per- and penalty payments. formed. The requirement to conduct an exposure The on-line payment system can be accessed from the MIOSHA Asbestos Program website: assessment for lead and cadmium were two of the www.michigan.gov/asbestos. most frequently cited health rules in FY2011. Contact the Construction Safety and Health Di- vision with any questions at 517.322.1856. For ques- ROOFER – FALL tions concerning asbestos, contact the Asbestos Pro- CASE SUMMARIES gram at 517.322.1320 or go to their website at www. In June 2011, a 43-year-old roofer was working PLUMBER – ELECTROCUTION michigan.gov/asbestos. alone on a residential project. When other employ- In July 2011, a 60-year-old plumber was electro- ees arrived they found him lying on the ground near cuted while working in the crawlspace of a home. the ladder used to access the 24 ft. high roof. The The employee was using a reciprocal saw to re- ladder did not extend 3 feet above the roof, but was move a waterline and contacted a 120 volt electrical restrained. The employee later died from injuries de- conductor (NM-Romex). The saw, extension cord, termined to be consistent with falling from heights. and GFCI being used were in good working con- MIOSHA Violations: dition. The electrical conductors in the crawl space n Part 1, General Rules, Rule 408 40114(1) – The showed signs of damage. accident prevention program did not address fall MIOSHA Violations: protection. n Part 17, Electrical Installations n Part 11, Fixed and Portable ladders: p Rule 408.41724(2) - No inspection to de- p Rule 408.41112(1) - No safety training for tect electrical hazards. ladders. p Rule 408.41724(3) - Employee working p Rule 408.41124(5) - Ladder did not extend near electrical hazards without the hazard be- 3 feet above landing. ing eliminated.

MIOSHA News Spring 2012 Page 4 General Industry Update MIOSHA Adopts NEP on Primary Metal Industries Adrian Rocskay, Ph.D., CIH

By: Sundari Murthy, CIH, Safety & Health Manager Enforcement Activities Director, General Industry GISHD’s enforcement activities involve in- Federal OSHA implements a National Empha- spection of facilities in the primary metal industry, Safety & Health Division sis Program (NEP) when high-risk hazards are primarily by Industrial Hygienists (IH). The IHs 517.322.1831 identified in certain industries. In 2011 federal during their inspections, will review illness and OSHA implemented an NEP on Primary Metal injury records, and evaluate the production pro- Industries. This was based on the seriousness and cess for and work practices. High Hazard Industry Focus frequency of worker exposure to health and safety They will also assess worker exposure to air con- hazards found in this industry during OSHA’s taminants, noise and heat stress; review house- By: Mark N. Scott, Industrial Hygienist Specialist previous inspections. The goal of the NEP is to keeping and hygiene practices; and determine Primary Metal Manufacturing (NAICS 331) is identify and reduce or eliminate the hazards in compliance with applicable standards listed in the one of the 13 high-hazard industries targeted by this industry. In 2011, MIOSHA adopted this NEP article on this page on high hazard industries. and the associated federal OSHA compliance di- GISHD for enforcement during 2009-2013 because OSHA also has NEPs for Hexavalent Chro- of high injury and illness rates. The nonfatal occupa- rective, CPL 03-00-013 National Emphasis Pro- mium, Lead and Crystalline Silica which are ap- gram - Primary Metal Industries. tional injury and illness incidence rate among private plicable to this industry. industry employers in 2010 was 4.2 cases per 100 full- Outreach Activities time workers, compared to 7.9 for this industry. The NEP on Primary Metal Industries entails Establishments in the primary metal manufactur- both outreach activities by MIOSHA’s Consulta- ing are involved in extracting and refining metals from tion, Education and Training (CET) Division and rocks containing iron, lead, nickel and tin, among other enforcement activities by the General Industry elements. Among these establishments are those that Safety and Health Division (GISHD). CET’s activi- manufacture nails, insulated wires and cables, steel ties include heightening health and safety aware- piping, and copper and aluminum products. ness in this industry through publications, presen- tations, partnerships/alliances with employers/ Metal Manufacturing Hazards employees, and on-site consultation services for Lead is widely used in this industry and is of great employers upon request. These activities would concern due to health hazards. Worker exposure to enable employers to voluntarily take steps to cor- lead occurs in at least 120 different occupations, in- rect hazards and comply with safety and cluding lead smelting, lead storage, battery manufac- health regulations and practices. turing, and lead pigment and solder manufacturing. Lead is highly toxic and affects kidneys, reproductive system, and nervous system. In addition to lead, workers are exposed to carbon Personal Protective Equipment for Power Groundskeeping monoxide, silica, formaldehyde, air contaminants, By: Robin Spaulding, Safety & Health Manager other toxic metals, noise and heat hazards. These haz- ards can affect workers’ well being, eyes, nose, throat, With activities already starting for using power groundskeeping equipment and the tasks to be per- lungs, skin, and can cause difficulty and formed, the choice of correct personal protective equipment must be reviewed. Both employers and em- chest and joint pain. Overexposures can also lead to ployees should know and be familiar with MIOSHA Part 54, Powered Groundskeeping Equipment, and its death. requirements for using personal protective equipment (PPE) with the groundskeeping equipment. Workers are also exposed to serious safety haz- The following information is what the qualified operator must use when operating equipment: ards, like falls from elevated surfaces, crushing in ma- n Safety face shields, goggles, safety glasses to protect from chemical splash, dust or flying particles. terial storage/scrap metal handling areas, sprains and n Appropriate hearing and respiratory protection where required. n strains from handling heavy materials, cut/crush/ Head protection when working under low branches, or where flying or falling objects could be impale hazards from moving machinery, burns when present. n dealing with hot metal and slips/trips/falls from bad Gloves should be selected based upon the task to be performed. house keeping practices. The equipment and materi- n Properly fitting, long-or short sleeved shirts and long pants are best to prevent injuries from the als used in this industry can also expose workers to sun and also from scratches and bits. falling objects, flying particles, pinch points, and elec- n High-top shoes or boots with toe protection should also provide protection to workers’ toes, feet trical hazards. and ankles. The standards applicable to this industry include: Safety standards Parts 23, 24, 26, 33, 42, 44, 85; and Health standards Parts 301, 306, 308, 309, 310, 380, CASE SUMMARIES WELDER – PINNED BETWEEN 430, and 451. PIT OPERATOR – STRUCK BY In June 2011, a 52-year-old employee was weld- These standards, and publications related to the A 45-year old powered industrial truck (PIT) ing inside a cylindrical tank that was sitting on hazards, are located on the MIOSHA website at www. operator stepped off his hi-lo truck to investigate powered feed rolls. The employee exited the tank michigan.gov/miosha. a problem on the receiving dock. The employee while it was still turning. He was pinned between was hit by a load being carried on another pow- the tank and the roller, sustaining fatal injuries. ered industrial truck. The employee’s right leg MIOSHA violations (not inclusive): and foot were pinched between his powered in- n Part 1, General Provisions: dustrial truck and load of the second PIT. The em- p Rule 33(1) - No on/off switch for pendant ployee lost consciousness and became unrespon- control used to rotate tank sitting on set of rollers. sive. A supervisor called 911 and the employee p Rule 33(3) - Pendant control to roller did was transported to a local hospital. He later died not identify control functions. at the hospital. n Part 12, Welding and Cutting: MIOSHA violation: p Rule 1213(3) - No testing of atmosphere n Part 21, Powered Industrial Trucks, Rule 2185 prior to entry. - Driver operating a powered industrial truck p Rule 1213(5) - No effective communica- with a load obstructing the operator’s vision. tion between welder and attendant.

Page 5 Spring 2012 MIOSHA News Consultation and Training Update Nella Davis-Ray, Director MIOSHA Awards Consultation Education & 03/06/12–Huntsman–Auburn Hills–Plat- inum Award. The Huntsman Auburn Training (CET) Division Hills facility has gone more than 15 years without a lost time accident. MIOSHA 517.322.1809 Director Martha Yoder and CET Divi- sion Director Nella Davis-Ray presented Best Practice: Sherwin Williams, Holland the award to Auburn Hills EHS Manager Pete Panourgias and Auburn Hills Com- By: Doug Kimmel, MVPP Program Specialist mercial Director Greg Pelts. Founded in 1866, The Sherwin-Wil- mented a “Photo of the Week” pro- On February 27, 2004, the Auburn hills facility received the Michigan Vol- liams Company is a world leader in gram. Photos related to EHS, both on untary Protection Program (MVPP) Star Award for workplace safety and the manufacture, development, distri- and off the job, are provided by em- health excellence. The company received renewal of its Star Award in bution and sale of coatings and related ployees or obtained from the web or 2007 and 2011. This is the most prestigious safety and health award given products to professional, industrial, other sources. The photos are posted in Michigan. Huntsman Polyurethanes, an international business unit of commercial, and retail customers. on communication boards that are Huntsman International LLC, produces chemicals and systems for custom- The Holland site employs 166 located throughout the plant. They ers in a wide range of industries. workers and is a packager of aerosol are a great conversation piece at shift Employer Honor Roll paints, and industrial and consumer kickoff meetings. products for the home and automotive Reward and Recognition Program 03/01/12–IHC Inc.–Detroit–SHARP Award markets. The site’s outstanding safety The site’s proactive, informal ‘Re- 02/10/12–Midwest Rubber–Deckerville–Gold Award and health management system has ward & Recognition’ program is anoth- 12/16/11–Magna International–Newaygo–Ergonomic Innovation Award been recognized through their partici- er key safety promotion tool. The pro- pation in the Michigan Voluntary Pro- gram is designed to reward employee tection Program as a Star site. participation in proactive EHS activi- New DVD Titles in the Free-Loan Library Glove Vending Machine ties such as safety audits, risk assess- Management is committed to the ments, summiting topics for the weekly The CET Division DVD/Video Library has more than 350 titles available safety and health of all employees newsletter, etc. A “Reward & Recogni- on a free-loan basis. We recently purchased more than 30 new titles, including: and is always open to new ideas. tion” cabinet is stocked with things n Cell Phones in the Workplace: A Dangerous Distraction, Demonstrating their commitment, like insulated coffee mugs, jumper n Using Ladders Safely, five members of the site’s Central cables, barbeque tool sets, flashlights, n PPE: Wear It for You, Safety Committee (CSC) attended baseball hats, and even golf balls with n Fall Protection: Make the Connection, the 2011 Michigan Safety Confer- the company logo. Although many of n Hazard Communication: Informed for Safety, ence. While in the vendors exhibit, the items are simple and inexpensive, n Heat Stress: Working Safely in Hot Environments. some CSC members noticed a vend- the employees appreciate being recog- Last year MIOSHA loaned more than 1,800 videos. The video catalog is ing machine for gloves. They brought nized for their safety efforts. Site Safety online at www.michigan.gov/mioshavideos. the idea to management, who made a Director, Brian Sitz recommends that commitment to try the machine and rewards be kept to the $5-10 range and within seven months it had paid for changed with the seasons. Take a Stand Day itself. Employees now have unlim- Safety Challenges ited access to gloves. Another way that safety is kept Who: Employers are invited to “Take a Stand” for safety and Photo of the Week “fresh” is through the use of “Safety health. Knowing that a picture is worth a Challenges.” One example is safety When: Wednesday, August 8th. thousand words, the site has imple- crossword puzzles. The crossword What: More than 125 MIOSHA compliance and consultation staff puzzles are developed based on the will visit Michigan worksites. information provided during monthly n safety training sessions, such as “PPE These visits will focus on specific hazards/areas re- and Fire Resistant Clothing,” which quested by the employer. was the topic for January. To further n There will be NO CITATIONS and NO PENALTIES promote this safety topic the Safety for participating workplaces. Director challenged employees to n Participants must agree to correct all serious conditions. bring him an “athletic gray,” 100% How: To schedule a visit contact the CET Division: cotton t-shirt (100% cotton undergar- n ments are required for certain types Call the Lansing office at 517.322.1809. n of work where there may be a flash or Register online at www.michigan.gov/mioshatasd. burn hazard). A steak dinner was of- n Submit your request by July 25th. fered to all employees that could find 1,500 employers have participated in “Take a Stand Day’ since 2005. one and bring it to him. Management at Sherwin Williams remains committed to safety and The “Glove Vending Machine” provides health and ensuring that all employ- employees with unlimited access to gloves. ees are engaged. MIOSHA CET Division Services To learn more about the free services offered by the MIOSHA CET Division: n Call the Lansing office at 517.322.1809 or 800.866.4674. n Submit a request for services electronically at www.michigan.gov/cetrca. (Left) Clark Construction, Chrisler Arena, Ann Arbor, and (Right) Maple Valley n Visit the CET Division website at www.michigan.gov/cet. Plastics, Brown City, participated in “Take a Stand Day” in 2011.

MIOSHA News Spring 2012 Page 6 TECHNICAL INFORMATION Dawn C. M. Jack, Director Ron Ray, Director Appeals Division Management & Technical 517.322.1297 Services Division 517.322.1851 Asbestos Settlement ORR Workplace Safety Recommendations By: Dawn C. M. Jack, Appeals Division Director On March 12, 2012, the Office of Regulatory Reinvention (ORR) presented its report on recommen- dations for changes to Michigan’s workplace safety regulations to Governor Snyder. The report consists In December of 2011, MIOSHA reached a settle- of the final recommendations of the Workplace Safety Advisory Rules Committee (ARC) and the ORR. ment with GRL Properties, LLC of Grand Rapids, Between June 20 and November 29, 2011, the Workplace Safety ARC held 12 meetings and con- Michigan for multiple serious and willful asbestos ducted a systematic review of MIOSHA rules that exceed federal standards, as well as rules which violations. were duplicative, obsolete, or unduly burdensome. MIOSHA staff assisted in the regulatory review. The violations resulted from a MIOSHA investi- The report includes 624 recommended changes to 334 separate MIOSHA rules with rescission of 611 gation into allegations that asbestos insulated pip- MIOSHA requirements and nine ORR recommendations. ing was being removed improperly by a tenant of ORR Recommendations the John Bean Building in Lansing. The investiga- 1. Eliminate the Construction Safety, General Industry, and Occupational Health Standards Com- tion prompted MIOSHA to also examine the build- missions and assign the Director of LARA the responsibility for developing or revising standards with ing owner, GRL Properties LLC, for compliance the support of advisory committees. with its obligations under the Asbestos standard. 2. Amend the MIOSH Act to define a “clear and convincing need.” The revised definition could The MIOSHA investigation found the building potentially require an explanation of the unique characteristics of Michigan industry that necessitate was not completely inspected for asbestos, and the unique or allow for petition by a specific industry. building inspection information the building owner 3. Update MIOSHA rules to comply with OSHA’s Standards Improvement Project. had was not conveyed to employees working in the 4. As long as a standard requires an employer to limit the use of the equipment to a trained and facility or tenants occupying the facility. qualified employee to operate the equipment (as in R 408.11855), the separate rule within the standard MIOSHA Violations & Penalties specifying qualifications of the employee should be rescinded (as in R408.11851). GRL Properties received a total of three alleged 5. Engage with the agricultural community to evaluate the best way to regulate confined spaces in willful violations. A willful violation is one com- agricultural operations given that the relevant rules were accidentally rescinded. mitted with an intentional disregard of the require- 6. Pursue a review of Occupational Health Standards Part 301, Air Contaminants; Part 601, Air Con- ments of MIOSHA regulations, or plain indiffer- taminants for Construction; and Part 622, Control Measures for Hazardous Atmospheres; once the fed- ence to employee safety and health. The violations eral government has completed its review. included: 7. Withdraw pending rule requests which include rules that exceed federal standards. If MIOSHA n No notification of the presence of asbestos to would like to update the existing rule set, they could proceed through the rule promulgation process employees; within the confines of the federal standards. n No notification of the presence of asbestos to 8. Move all rule sets under the Michigan Administrative Code (except for those recommended for contractors or tenants; and rescission). n No training provided to employees perform- 9. Review the various Diving Operations standards to potentially combine all of them into one stan- ing housekeeping operations in a building contain- dard, which should not exceed federal standards. ing asbestos. The final report is on the LARA website, www.michigan.gov.lara, click on the Office of Regulatory The company also received five alleged serious Reform link. A full list of all rules recommended to be rescinded or amended are in the report. violations. A serious violation exists where there is NOTE: This report is not part of the rulemaking process. Any proposed changes to administrative a substantial probability that serious physical harm rules recommended by this report will be made as part of the rulemaking process, and any proposed or death can result to an employee from the expo- changes to Michigan statute will be made through the legislature. sure. Some of those violations included: n No complete asbestos survey; n Proper isolation controls not used; and Jack Finn, Director n Proper decontamination not provided. Wage & Hour Division GRL Properties LLC, GRL Properties Manage- ment Company LLC, and their other affiliated com- 517.322.1825 panies were also found to have citation histories Helpful Hints to Avoid Wage Claims involving asbestos violations. The total proposed penalties for the violations were $115,000. From October 2011 through January 2012 there n Provide either a written or electronic re- Settlement Agreement was a 17% rise in wage claims filed by workers. tainable pay statement noting hours worked, The company exercised its appeal rights afforded As part of our efforts to connect with our cus- gross wages paid, itemization of deductions and under the MIOSH Act. Following a prehearing con- tomers, the Wage & Hour Division has presented dates for which the wages were earned. ference with the Appeals Division, MIOSHA and information at various employer organization DO NOT: GRL Properties LLC reached a settlement agree- meetings which can lessen or even eliminate em- n Deduct from an employee’s pay except ment. Under the settlement, the company accepted ployee wage claims. those deductions required by law, a collective all violations as originally classified, with a group- Following is a synopsis of suggested practices bargaining agreement or written authorization ing of two of the willful violations. MIOSHA agreed that have been given to ensure compliance with to reduce the penalties from $115,000 to $46,000. the Payment of Wages Act. of the employee. n DO: Charge a fee or other consideration on hir- n Keep employment records on file for three ing of an employee. n Variances (3) years. Provide payment of wages other than by Variances from MIOSHA standards must be made n Ensure payment of wages on a regularly cash, check, money order, direct deposit, or ad- available to the public in accordance with Part 12, recurring basis. herence to the Payment of Wages Act’s require- Variances (R408.22201 to 408.22251). MIOSHA vari- n Create an employee handbook or written ments for pay by a payroll debit card. n ances are published in the MIOSHA News website: policies on fringe benefits that prevail during Discriminate against or discipline an em- www.michigan.gov/mioshavariances employment and at termination of employment. ployee filing a claim, this is prohibited by the Act. Page 7 Spring 2012 MIOSHA News Michigan Department of Licensing and Regulatory Affairs PRESORTED STANDARD Michigan Occupational Safety & Health Administration U.S. POSTAGE PAID P.O. Box 30643 LANSING, MI 7150 Harris Drive PERMIT NO. 1200 Lansing, Michigan 48909-8143

MIOSHA TRAINING INSTITUTE (MTI) MIOSHA Training Institute Successes

By: Sheila Ide, CET Supervisor standard. Formal and informal exercises teach stu- dents how to read and interpret rules that apply to MTI Highlights their work operations. Since its launch in October, 2007 the MIOSHA The Personal Protective Equipment, Hazard Com- Training Institute (MTI) has: trained 10,000 partici- munication, Electrical Standards, and Respiratory pants; developed five instructional tracks; award- Protection standards courses have been combined ed 442 certificates; and created 38 classes deliver- to address all three disciplines of health, safety Director: Martha B. Yoder ing training at more than 30 co-sponsor locations and construction, providing credit for students in Deputy Director: Barton G. Pickelman state-wide. The MTI continues to remain a popular each track. As some general industry standards Editor: Judith M. Shane training source at an affordable cost. offered are industry specific, the classes are divid- MIOSHA Hotline: 800.866.4674 MIOSHA honored four of its Upper Peninsula ed into required and elective categories. Check MTI graduates at the Upper Michigan Safety Confer- the MIOSHA Training Calendar for specific top- Fatality Hotline: 800.858.0397 ence (UMSC) in Escanaba on January 27, 2012. A ics and locations. General Information: 517.322.1817 graduate ceremony is held each year at the Michigan Website: www.michigan.gov/miosha Safety Conference in Lansing, and this is the first MTI recognition at the UMSC. MIOSHA Deputy Director The Mission of the MIOSHA Program is: Bart Pickelman presented the certificates. To Protect Employee Safety, Health MTI’s first-ever “Boot Camp” scheduled for and Worker Rights. July 2012 filled up in a week! The three-week con- The MIOSHA News is a publication of the centrated curriculum is targeted to new MTI stu- dents and will award a Level One General Indus- MIOSHA program. Its purpose is to edu- try certificate for those successfully completing the cate Michigan employers and employees series. about workplace safety and health and Focus On Courses we encourage reprinting. Did you know the MTI currently offers two The Department of Licensing and Regula- compliance tracks leading to Level Two certifi- tory Affairs (LARA) is an equal opportunity cates, one for General Industry and one for Con- MIOSHA Deputy Director Bart Pickelman recognized MTI employer/program. Auxiliary aids, servic- struction? Classes were developed for MIOSHA graduates at the 2012 UMSC: Renee Lundberg, Bay Col- es and other reasonable accommodations standards that commonly affect most employers in lege, Escanaba; David Talford, Engineered Machined Prod- are available upon request. both disciplines. These courses provide in-depth ucts Inc., Escanaba; and Jon Nagy, Manistique Paper Co., Manistique. (Not pictured: Robert Page, MTU, Houghton.) training on MIOSHA standards, fully explain- Website: www.michigan.gov/lara ing scope, definitions and rules contained in each MTI website: www.michigan.gov/mti (22,000 copies printed at $4,769 or $0.22 per copy.) PLEASE ADD UNION BUG AND RECYCLE LOGO!!