OSHA myths

Currently, Steve Sayer is a workplace safety *consultant #accredited auditor to *OSHA, *EPA, *#GFSI, *USDA, *FDA, *Human Resources, *#and Humane Handling of feed birds and animals and is a technical writer for multiple industries, as well as a part-time maintenance worker for California State Beaches.

(The views and opinions expressed in this blog are strictly those of the author.)

By Steve Sayer

_______________________________________________________________________

Of all the many governmental regulators that oversee the meat and poultry industry, OSHA standards are arguably the?easiest to misinterpret?simply because of the tortuous manner in which they are worded, despite the Fed’s?Plain Writing Act of 2010.?

OSHA standards become even more maddening by the multiple layered exemptions (options) that many standards contain.

I’ve listed below my Top 8 OSHA myths (among others) that I’ve patiently deliberated on with a number of clients in the food, beverage and construction industries.

I call them OSHA myths simply because the people that commented on them were convinced (at the time) that they were right. These are good (though rare) examples of when the customer is not always right.

_______________________________________________________________________

Myth #1 - Eyewash flushing bottles meet OSHA’s requirements for an eyewash.

Mistaken.?The small (typically 16 and 32 oz.) hand-held size eyewash bottles are considered personal eyewashes according to the American National Standards Institute (ANSI) Z358.1 of which OSHA defers directly to on this subject. Personal eyewash units can provide immediate flushing when they are located near the employee’s workstation or hazard, however, they do not meet the 0.4 gallon (1.5 liters) per-minute flow rate including the 15-minute time duration requirement (among other requirements) as per ANSI Z358.1.

Myth #2 - Forklift re-training is required for all operators every three years.

Mistaken. An operator?evaluation?is required every three years. If the evaluation shows no safety deficiencies, then no re-training is needed. However, re-training is needed if there are safety deficiencies, if the type of truck is changed, if the operator was in a near-miss accident, if workplace conditions are changed in ways that would affect safety including various other triggers as detailed in?29 CFR 1910.178(I)(4)(i).

Myth #3 – Floor operated battery-powered hand lifts are not covered by OSHA’s powered industrial truck training requirements.

Mistaken. Sit down forklifts, order pickers, stand up lifts, rough terrain forklifts and battery/solar powered mobile hand lifts controlled are all classifications of "powered" industrial trucks.

Myth #4 – OSHA does not consider a fingertip amputation without bone-loss as being an amputation.

Mistaken. An amputation is the loss of all or part of a limb or other external body part. This would include fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts that have since been reattached. If and when there’s a health care professional's diagnosis available, the employer should rely on that diagnosis.

Myth #5 – OSHA funds itself with the penalty money.

Mistaken.?Penalty money goes straight to the U.S. Treasury deposit box.

OSHA is funded by annual budgets that are approved by congress and the President.

Myth #6 - You must only use OSHA approved or certified equipment and/or materials.

Mistaken. OSHA does not approve or certify any equipment or materials. The proper term would be OSHA?compliant?meaning that it complies with the regulation.

Myth #7: If our company has a contract person at our site and that person suffers a recordable injury while working their employer is the one that records the injury on their OSHA 300-log.

Yes and no (one of those). If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording (on the 300-log) the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, then your company must record the injury or illness.

Myth #8: An in-patient hospitalization includes treatment in an emergency room and must be reported to OSHA.

Mistaken. OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment. Treatment in an emergency room only is not reportable.

(Note:?As with any OSHA standard that may be discussed, know that if your state legislators elected to have their own state-OSHA, there can be marked differences between your particular state-OSHA requirements and that of federal OSHA's requirements; differences that your company must be aware of and abide to in full.)

8/19/2016 (Revised 2/22/22)

"Progeny are a direct reflection of their parents."

My Dad (1926-2016 RIP) and I.