Don't Let OSHA Become of Four Letter Word

The Occupational Safety and Health Administration (OSHA) is a division of the Department of Labor. In 1970, the Williams-Steiger Occupational Safety and Health Act mandated the enactment of regulations to protect employees in the workplace. Today OSHA has become a familiar acronym to PCOs.

The original rules published in the code of federal regulations 29 CFR 1910 concerned safety in the workplace, addressing the maintenance of equipment, storage areas, fire protection equipment and the reporting of work-related injuries. The rules governing these areas were limited to industries with Standard Industrial Codes (SIC) and companies with a certain number of employees. For the most part, PCOs were exempt from these OSHA regulations. Although that’s no longer the case today, many PCOs are under he mistaken impression that our industry is not regulated by OSHA.

A NEW ERA. In 1983, the OSHA hazard communication standard 29 CFR part 1910.1200 was published, and the world changed for the PCO. The original rules governing the SIC codes and the number of employees required for regulatory oversight were waived. Now the pest control industry comes under the jurisdiction of OSHA rules no matter what the size of the business. The regulation mandated that all employers covered by the standard must be in compliance by May 1988. There was a delay in that implementation date due to appeals from other industries, but the final outcome only extended the deadline to July 1988.

Part 1910.1200 of the standard addresses the Hazard Communication Program (HCP). HCP is a training program for employees concerning hazardous materials found in the workplace. Everyone is to be trained: management, office workers, temporary help, contact labor, service personnel, etc. The essential elements of the program are to establish an in-house coordinator who is responsible for the maintenance of the program. He or she is responsible for recordkeeping, identifying the various hazardous materials within the workplace, maintaining a label and MSDS file available to all employees and training employees to interpret the MSDS. Even though this may sound mind boggling, most of the program requirements, as outlined in the 29 CFR, are carried out by the manufacturers and suppliers when they provide PCOs with properly labeled containers and MSDS information for each chemical.

FAR-REACHING REGULATIONS. As part of this Employee Right to Know" information contained in the OSHA rules, your customers likely will be involved with these regulations. They will have a responsibility to inform their employees of the pesticides used by PCOs during a service visit, particularly if pesticides are stored on the premises. MSDS information should be provided to the HCP coordinator in these accounts. The HCP program has been discussed at many meetings around the country. The National Pest Control Association has an OSHA Guideline Manual available for PCOs interested in developing these programs. In addition, 23 states operate there own OSHA-approved safety and health programs. In several states where there are state-operated programs there are also federal offices involved. In these situations, state officials will have jurisdiction over PCOs unless they are superseded by specific state rules. For example, in Connecticut the state plan covers only public employees.

OTHER CONCERNS. OSHA rules affecting the operation of PCOs do not stop at the HCP program. In 29 CFR part 1910 there are directions for he protection of workers who will or could be exposed to hazardous substances in the air or by skin contact. The OSHA regulations reference the NIOSH (National Institute of Occupational Safety and Health) figures of Time Weighted Average (TWA) and the Short-Term Exposure Limits (STEL) to calculate the exposures. OSHA is also concerned with skin exposure for some pesticides and solvents. In short, the OSHA rules are concerned with the steps the employer has taken to eliminate or reduce operator exposure to pesticides.

The requirements outline a safety training program and the documentation of that program. The rules also require the employer to maintain a constant control over the use of safety equipment. In other words, he or she must make sure he equipment is being used! In addition, employers may be subject to additional requirements, such as a respirator fit test for workers.

The respirator is a very important piece of safety equipment. All employees who use respirators must perform this test. There are several parts to the test. The first step is to obtain the best fitting respirator for each employee. The employee must have a choice of different respirator sizes and types to make this choice. The second step involves the completion of negative and positive-pressure fit test. The next step requires the subject to be exposed to odor and/or taste stimulants in chambers separate from other rooms. The test is fully described in the OSHA rules (part 1910.1001), and the test is to be repeated every six months. Suffice it to say very few PCOs conduct this test.

The employer’s responsibility does not end with a successful test. Records have to be maintained and occasional field checks must be performed to make sure the equipment is being used. In addition, some employers are requiring physicals to ascertain the ability of their employees to operate efficiently wearing a respirator.

CONCLUSION. With the involvement of OSHA in pest control operations and government’s concern over the health effects of exposure to chemicals, the enforcing agency has the right to inspect any operation. PCOs have questioned whether OSHA has the right to take indoor air samples in the workplace (office or storage area). The answer is "yes." The decision to take samples may arise from the presence of strong odors or an inadequate ventilation system.

As an employer, PCOs must meet increased OSHA requirements. They should obtain a copy of the regulations and contact their state OSHA office for additional information. OSHA will provide assistance in setting up programs. PCOs must appoint a coordinator to conduct training and monitoring of the safety program within their company. Most responsibilities for maintaining equipment can be placed on the service technician. However, all programs must be monitored and documented.

 

Dr. George Rambo is president of George Rambo Consulting Services, Herndon, Va.