Friday, November 7, 2014

Emergency medical services on construction sites

We are in receipt of your correspondence dated May 26 and September 21, 2004, to the Occupational Safety and Health Administration (OSHA) regarding a number of issues related to emergency medical services on construction sites.

After considering the information in your letters and additional information you provided in telephone discussions with OSHA staff, we have paraphrased your questions as follows:

I. Automatic External Defibrillators (AEDs)

Question 1: When will the rules on AEDs applicable to construction sites be finalized?

Answer: OSHA is not currently developing any construction standards regarding AEDs.

Question 2(a): Are there any OSHA requirements that prohibit an employer from terminating or threatening to terminate a licensed and insured Emergency Medical Technician ("EMT") for bringing an AED to the job site to render assistance if necessary?

Answer: First, note that there are no OSHA construction standards that specifically require an employer to provide an AED at a construction site.

Second, Section 11(c) of the Occupational Safety and Health Act ("OSH Act") prohibits employers from discharging or otherwise discriminating against an employee "because such employee has filed any complaint ... under or related to" the OSH Act. Whether the termination or the threat to terminate an EMT-certified employee for bringing an AED to a jobsite could be an 11(c) violation would depend on the specific facts involved.

Employees who believe that they have been discriminated against in violation of the OSH Act should contact the OSHA Area or Regional office serving their location (we have included OSHA's 11(c) information pamphlet for your review). For additional information please visit the OSHA website on The Whistleblower Program at: [ http://www.whistleblowers.gov/index.html ]

Question 2(b): Does 29 CFR 1926.50 protect an EMT from being terminated by an employer based on emergency services rendered to a worker on a construction job site?

Answer: As stated in our answer to question 2(a) above, whether such a termination would violate Section 11(c) of the Act would depend on all the relevant factors involved, which you would need to discuss with OSHA's Area or Regional office for your location.

II. 29 CFR 1926.50 - Medical services and first aid.

Question 3: Does OSHA's construction standard for medical services and first aid (§1926.50) permit a union to designate specially qualified members as first-responders for emergency medicine?

Answer: In general, the OSH Act does not address labor relations issues, including whether a union has a right to designate a particular individual for a particular job.

Question 4: I am an electrician who works on construction sites where workers are exposed on a daily basis to the risks associated with high voltage. Does 1926.50 require the presence of an individual trained in first aid on construction sites where the response time to a request for medical assistance for such workers cannot be guaranteed within four minutes?

Answer: In 29 CFR Part 1926 Subpart D (Occupational Health and Environmental Controls), §1926.50 (Medical services and first aid) provides in part:
* * *
(c) In the absence of an infirmary, clinic, hospital, or physician, that is reasonably accessible in terms of time and distance to the worksite, which is available for the treatment of injured employees, a person who has a valid certificate in first-aid training from the U.S. Bureau of Mines, the American Red Cross, or equivalent training that can be verified by documentary evidence, shall be available at the worksite to render first aid. [Emphasis added.]
* * *
[For OSHA's current policy on "reasonably accessible" and "near proximity," please see the 01/16/2007 Letter to Mr. Brogan.]

Question 5: Where 50 construction employees are spread out over 25 floors (or as many as 65 floors) in a high rise, would the presence of one individual trained in first aid satisfy the requirements of §1926.50?

Answer: Section 1926.50(b) provides:
Provisions shall be made prior to commencement of the project for prompt medical attention in case of serious injury.
In CMC Electric, the court stated that the purpose of §1926.50(b) is similar to that of §1926.50(c): 1
... the purpose of §1926.50(b) is to avoid any unnecessary delay in the administration of medical attention to an injured employee, particularly in the case of serious injury, where even a few minutes can make a difference.
The court stated also that the provisions are "complementing and overlapping." In analyzing §1926.50(b)'s "prompt medical attention" requirement, the court noted:
... [the requirement] should be read to require the employer to take reasonable steps to insure that in case of serious injury, medical attention can be obtained as quickly as possible. In addition to the time it takes to reach medical attention, this analysis should include a review of a variety [of] factors, such as: where the job site was located and how many employees were involved....[Emphasis added.]
In situations where a certified first aider is required under §1926.50(b) or (c), whether more than one first aider is required at a work site spread over many floors of a multi-story structure will depend on factors such as those described above. Given the limited information that you provided, we are unable to conclusively comment on whether the single certified individual would suffice under the "prompt medical attention" criteria in a multi-floor scenario. Factors such as whether functioning elevators are in yet, extent of on-site communications, and reasonably expected travel time up and down stairs (where elevators are not available) would be relevant to the assessment.

Question 6(a): Must employers provide medical equipment in addition to the first aid kit required in 29 CFR 1926.50(d)?

Answer: Title 29 CFR 1926.50 states that:
(a) The employer shall insure the availability of medical personnel for advice and consultation on matters of occupational health.
(b) Provisions shall be made prior to commencement of the project for prompt medical attention in case of serious injury.
* * *
(d)(1) First aid supplies shall be easily accessible when required.
(2) The contents of the first aid kit shall be placed in a weatherproof container with individual sealed packages for each type of item, and shall be checked by the employer before being sent out on each job and at least weekly on each job to ensure that the expended items are replaced.
* * *
Employers must provide a first aid kit that contains the basic supplies necessary to address typical worksite first aid needs. "Medical equipment" that goes beyond basic first aid needs is not required to be included in the kit. 2

Question 6(b): Must a construction employer provide medical equipment in addition to the first aid kit required in 29 CFR 1926.50(d) as a consequence of an employee having emergency medical training that goes well beyond basic first aid training?

Answer: No, there is no such OSHA requirement.

III. 29 CFR 1926.103 - Respiratory protection

Question 7: Are all the requirements of §1926.103 in effect as of June 1, 2004? Who is responsible for the ongoing yearly training, and refitting of respirators?

Answer: The requirements of §1926.103 3 have been in effect since April 8, 1998. The standard places the responsibility on the employer to ensure that the training, yearly retraining, and fit testing is conducted.

Question 8: Does §1926.103 require that all electricians be equipped with a properly fitted respirator and that all electrical contractors are required to have available on the job site sufficient cartridges to protect their workers from known hazards?

Answer: The standard does not specifically address electricians. Section 1910.134(a)(2) requires that respirators be worn "whenever it is necessary to protect the health of the employee from contaminated or oxygen deficient air."

IV. OSHAct 5(a)(1), "General Duty Clause"

Question 9: Does Section 5(a)(1) of the Occupational Safety and Health Act (the "General Duty Clause") require general foremen on a construction site to meet any general qualifications?

Answer: Section 5(a)(1) of the OSH Act states that each employer:
... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
There is no general requirement under that section (the General Duty clause) for employers to ensure that, in all cases, foremen have some specified level of qualifications. 4 Note, though, that some OSHA construction standards require that a "competent person" or a "qualified person" perform certain tasks. There are definitions in those standards that describe the level of qualification for each of these designations.

Note also that §1926.21(b)(2) states:
The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.
Question 10: Does the General Duty Clause require employers to provide and train a designated first responder on every jobsite where five or more employees are performing construction work?

Answer: No, there is no such general requirement applicable in all cases. Note that, as discussed in questions 3-5, there are requirements regarding certified first aid personnel in §1926.50.

Therefore, an employer performing construction activities is required to provide a first aid responder on site only if there is no infirmary, clinic, hospital, or physician reasonably accessible in terms of time and distance to the worksite. The employer must ensure that the designated first aid responder has been properly trained to administer first aid (see the "valid certificate" requirement of §1926.50(c) in question 4 above).

Note also that §1926.50 is applicable irrespective of the number of employees at a particular site.

Question 11(a): Do OSHA standards require that there be a means of communication available at each worksite for summoning emergency medical assistance?

Answer: Yes. Section 1926.50(f) states:
In areas where 911 is not available, the telephone numbers of the physicians, hospitals, or ambulances shall be conspicuously posted.
The purpose of §1926.50(f) is to ensure that, where 911 is not available, the employer can rapidly contact emergency responders without wasting time trying to find the right phone number. Implicit in this requirement is that a means of communication must be available at each worksite. Having 911 available is useless if there is no way for the employer to call 911 from the worksite. Similarly, if 911 is unavailable, meeting the requirement to conspicuously post the emergency numbers at the worksite would be equally pointless.

Question 11(b): Scenario: An employer has a work rule prohibiting all employees except the employer-designated first aid responder from carrying cell phones on a worksite. An employee who is an EMT (but who is not the designated first aid responder) is also prohibited from carrying a cell phone. Would such a work rule violate any OSHA standards or the General Duty Clause?

Answer: Typically such a work rule would not violate any OSHA requirements.

V. Other Labor Laws/Immigrant Worker Training

Question 12: Where do I get information about labor laws (other than OSHA) on training requirements regarding immigrant workers?

Answer: That information can be obtained from the U.S. Department of Labor's Employment and Training Administration at 202-693-2700, or visit their website at: http://www.dol.gov/dol/compliance/comp-ina.htm .

If you need any additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Friday, October 31, 2014

First aid supplies specific to workplace

February 2, 2007

Leanne


Dear Ms. C***:

Your November 23, 2006 letter to the Occupational Safety and Health Administration (OSHA) has been referred to the Directorate of Enforcement Programs for response. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any question or scenario not delineated within your original correspondence. You asked if it was mandatory for all workplaces to provide a first aid kit.

Title 29 CFR 1910.151(b) states: "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available."

Employers may elect not to provide first aid services if all such services will be provided by a hospital, infirmary, or clinic in near proximity to the workplace. If the employer has persons who are trained in first aid, then adequate first aid supplies must be readily available for use. Therefore, employers are required to provide first aid supplies that are most appropriate to respond to incidents at their workplaces. OSHA allows employers to provide first aid supplies specific to the needs of their workplace.

Although we have provided our interpretation of the federal standard, twenty-six states, including California, operate their own OSHA-approved occupational safety and health programs.  These State-plan States adopt and enforce their own standards, which may have different requirements from the federal standards regarding medical services and supplies.  The California Department of Industrial Relations (Cal-OSHA) administers the state plan program. Cal-OSHA standards are accessible on the state's website —
http://www.dir.ca.gov/occupational_safety.html. If you would like more information about California workplace safety and health regulations, the address is as follows:
John Rea, Acting Director
California Department of Industrial Relations
1515 Clay Street, Suite 1901
Oakland, California 94612

(415) 703-5050
FAX (415) 703-5058
Thank you for your interest in occupational safety and health. We hope you find this information helpful. Please be aware that OSHA's enforcement guidance is subject to periodic review and clarification, amplification, or correction. Such guidance could also be affected by subsequent rulemaking. In the future, should you wish to verify that the guidance provided herein remains current, you may consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Wednesday, October 15, 2014

Shower and eyewash near a spray booth

May 5, 2004

Mr. H***

Wood Dale, IL 60191

Dear Mr. H***:

Thank you for your February 25, 2004 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. You had specific questions regarding spray finishing operations and the application of OSHA regulations concerning emergency eyewash and shower facilities. Your paraphrased inquiries and our responses follow.

Question: We are installing a spray booth in our facility for use with lacquer and contact adhesive. A local building inspector indicated that we are required to have a shower and eyewash station in the vicinity of the spray operation. Do OSHA regulations require a shower and eyewash station, and if so, what are the design and use specifications for the shower and eyewash station?

Response: The OSHA regulations for spray finishing operations using flammable and combustible materials can be found at 29 CFR 1910.107. While this standard contains a number of provisions relevant to the operation that you have described, it does not require an emergency eyewash or shower in the vicinity of spray finishing operations using flammable and combustible materials. The OSHA requirements for emergency eyewashes and showers, found at 29 CFR 1910.151(c), specify that "where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use." As the standard states, an eyewash and/or safety shower would be required where an employee's eyes or body could be exposed to injurious corrosive materials. If none of the materials used in this work area is an injurious corrosive (as indicated by the Material Safety Data Sheet (MSDS) for each product), then an emergency eyewash or shower would not be required pursuant to 1910.151(c).

While not having the force of a regulation under the OSH Act, the current ANSI standard addressing emergency eyewash and shower equipment (ANSI Z358.1-2004) provides for eyewash and shower equipment in appropriate situations when employees are exposed to hazardous materials. ANSI's definition of "hazardous material" would include caustics, as well as additional substances and compounds that have the capability of producing adverse effects on the health and safety of humans. ANSI's standard also provides detail with respect to the location, installation, nature, and maintenance of eyewash and shower equipment. You also may wish to consult additional recognized references such as W. Morton Grant's Toxicology of the Eye (Charles C Thomas Pub. Ltd., 4th edition, August 1993) when considering potential chemical exposures to the eye and the appropriateness of installing eyewash facilities to protect employees against hazards associated with particular chemicals and substances.

From your letter, we cannot ascertain the basis for the building inspector's conclusion that a shower and eyewash station are required in the vicinity of your spraying operation. Please be aware that, while OSHA may not have promulgated a standard that mandates eyewash or shower equipment for the particular substances that your company will use in the spray booth facility, Illinois state laws or municipal codes may create independent requirements for employers who use such substances in the workplace.

Friday, September 26, 2014

Is CPR and first aid training required annually?

March 18, 1996

The Honorable Charles E. Grassley
United States Senate
Washington, D.C. 20510


Dear Senator Grassley:

Thank you for your letter of February 9, on behalf of your constituent, Mr. Norman Willis, regarding the Occupational Safety and Health Administration's (OSHA) first aid standard.

It is not a requirement of OSHA that cardiopulmonary resuscitation (CPR) and first aid training take place every year. The OSHA requirement at 29 CFR 1910.151(b) states, "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid." However, please be advised that an employer has the prerogative to require employee training which exceeds OSHA standards.

First aid training is primarily received through the American Red Cross, the National Safety Council, and private institutions. The American Red Cross offers standard and advanced first aid courses via their local chapters. After completion of the course and successful passing of the written and practical tests, trainees receive two certificates; one in adult CPR and the other in first aid. Basic adult CPR retesting should occur every year and first aid skills and knowledge should be reviewed every three years.

Thank you for your continued interest in occupational safety and health. We hope this information will assist you in responding to your constituent.

Thursday, September 18, 2014

Accessible quick drenching and flushing facilities?

Scenario: We are a manufacturer and transporter of corrosive materials, specifically 10.5% and 12.5% sodium hypochlorite. Our employees will transport and unload bulk sodium hypochlorite into above-ground storage tanks, either owned or leased by the customer. The customer then dispenses the bulk product into 2.5-gallon jugs for sale to retail customers.

Question 1: We, as a company, have recommended to our customers that they comply with the requirements of ANSI Z358.1-2004, American National Standard for Emergency Eyewash and Shower Equipment. If a customer does so and the equipment is provided within the work area for immediate use by our own employees, have we made a reasonable effort to comply with 29 CFR 1910.151(c)?

Response: Paragraph (c) of 29 CFR 1910.151 requires that suitable facilities for quick drenching or flushing be provided within the work area for immediate use if an employee's eyes or body may be exposed to corrosive materials. The OSHA standard does not set specifications for emergency eyewash and shower equipment, but we agree that equipment that complies with ANSI requirements would usually meet the intent of the OSHA standard. It should also be noted that, in addition to the requirement for emergency flushing and drenching facilities, there are also requirements for personal protective equipment (PPE) when employees are exposed to the hazards which corrosive chemicals present. PPE requirements are found in Subpart I, Personal Protective Equipment, of 29 CFR §1910 and may include, but are not limited to, protection for the eyes, face, and hands, as well as protective clothing. The purpose of PPE is to prevent injury, whereas the purpose of the eye wash or shower is to minimize injury, should that first line of defense fail.

Question 2: Deliveries often occur at night or when the retail location is closed. When our driver arrives at the facility under these circumstances, he or she must use a key to enter the facility and the unloading area. The quick drenching facilities are located in the unloading area. Does the necessity of a key violate the accessibility requirement of the ANSI standard?

Response: Although OSHA often refers employers to ANSI Z358.1-2004 for guidance in the installation and operation of quick drenching and flushing equipment, OSHA does not interpret ANSI standards; OSHA may only provide interpretations of its own regulations. OSHA has its own requirements for the location and accessibility of quick drenching or flushing facilities. 29 CFR 1910.151(c) states that "[w]here the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use" (emphasis added). While the need to use a key to unlock a door to reach the quick drenching or flushing facilities would ordinarily pose a problem, it appears that in your case your employee would already be inside the unloading area where the quick drenching facilities are located and where presumably any exposure to the injurious corrosive materials would occur.

Question 3: Who is responsible for providing the quick drenching and flushing facilities?

Response: Every employer with employees exposed to the corrosive chemicals is responsible for the safety and health of their employees. A delivery company may comply with the requirement to provide quick drenching and flushing facilities in a number of ways. The delivery company may elect to provide self-contained, portable equipment on the delivery vehicle. A possibly more convenient option for compliance would be to use the facilities provided by the retail employer for the retail employees. We envision that, in the majority of cases, the retail employer will have employees similarly exposed to the corrosive chemicals and thus would be required to provide quick drenching and flushing facilities for their employees. The delivery and retail employers coordinate other elements of their business relationship, such as delivery time, location, and quantity; the coordination of safety and health responsibilities can and should be included in this process. If the retail employer does not provide these facilities or if facilities are provided but are not appropriately selected and located for immediate emergency use by the delivery employees, then the delivery employer would still be required to provide suitable quick drenching and flushing facilities for its employees. The delivery employer needs to evaluate the work process, assessing factors such as configuration of the work area, the corrosivity of the materials, and the potential created by the work process for the corrosive chemical to come into contact with the employee. The delivery employer would then train employees as to the hazards presented, select and require appropriate PPE, and provide suitable quick drenching and flushing facilities for immediate use by their employees.

Question 4: Are small businesses (e.g., retail stores) subject to 29 CFR 1910.151(c), if they handle corrosive liquid materials?

Response: Yes. All employers, regardless of size, that have employees whose eyes or body may be exposed to injurious corrosive materials must provide quick drenching and flushing facilities.

Question 5: Is there a quantity of corrosive chemical that triggers the requirements of 29 CFR 1910.151(c)?

Response: No, there is no threshold quantity of corrosive material that triggers the requirement. The determining factor for the application of the standard is the possible exposure of an employee to injury from contact with a corrosive material.

As you may know, a number of states administer their own occupational safety and health programs under plans approved and monitored by Federal OSHA. It is possible that some of your customers are located in these State Plan States. Therefore, employers in these states must comply with their own State's occupational safety and health requirements. As a condition of plan approval, States are required to adopt and enforce occupational safety and health standards and interpretations that are at least effective as those promulgated by Federal OSHA. However, some states may have different or more stringent requirements. Information about contacting the State Plans can be found on OSHA's website at
http://www.osha.gov.

Wednesday, September 3, 2014

First Aid Interpretations

December 11, 1996

Mr. Gregory M. Feary
Indianapolis, Indiana 46204


This letter is a follow-up to the conversation that a member of my staff had with Ms. Karol Copper-Boggs, of your firm, regardingthe Occupational Safety and Health Administration's (OSHA) interpretation of the First Aid standard, 29 CFR 1910.151.

Ms. Boggs explained to [my staff] that a client of your firm had some concerns regarding OSHA's interpretation of 29 CFR 1910.151. [The] recollection of the questions asked of [my staff] by Ms. Boggs is as follows:

Question 1: "Must an employer have individuals trained to render first aid?"

Answer: [No.] The OSHA requirement at 29 CFR 1910.151(b) states, "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. [Adequate] [f]irst aid supplies approved by the consulting physician shall be readily available." [emphasis added]
[This document was edited on 8/19/1999 to strike information that no longer reflects OSHA policy.]

OSHA's regulation does not set specific response time requirements for the term "near proximity", however, in areas where accidents resulting in suffocation, severe bleeding, or other life-threatening or permanently disabling injury or illness are likely, a 3 to 4 minute response time, from time of injury to time of administering first aid, is required. In other circumstances, i.e., where a life-threatening or permanently disabling injury is an unlikely outcome of an accident, a longer response time, such as 15 minutes, is acceptable. The rationale for requiring a 4 minute response time is brain death when the heart or breathing has stopped for that period of time.
[This letter was edited on 6/12/2002 to strike information that no longer reflects current OSHA policy. Please see the
1/16/2007 letter to Mr. Brogan for the current policy.]

Question 2: "If an emergency situation were to occur where first aid was necessary and a trained employee were to panic, forgetting all of their training, and no first aid or improper first aid was administered could the employer be cited?"

Answer: If a trained employee were to panic in an emergency situation and not administer first aid or administer improper first aid, OSHA would not cite the employer. The employer would have met his obligation under the standard by having individuals trained to render first aid. The standard only requires employees to be trained in first aid, but does not address the actual performance of first aid in an emergency situation. Please note, however, that OSHA would conduct an investigation, if deemed necessary, to ensure that proper training certification, e.g., First Aid and CPR certificates were in order.

Question 3: "Would an employer be in violation of OSHA's First Aid standard if the employer were to issue a policy which recommends that employees call "911" in emergency situations?"

Answer: The purpose of first aid is to give injured employees some level of medical attention as quickly as possible to bridge the gap between the accident and full medical treatment. Therefore, the rendering of first aid should be encouraged by trained employees in addition to calling "911." Thus, an employer would not be in violation of OSHA's First Aid standard by issuing such a policy statement as long as the policy does not discourage the rendering of first aid by trained employees.

Tuesday, August 5, 2014

American Red Cross Agreement

• Record Type: Instruction
• Directive Number: CPL 02-00-002
• Old Directive Number: CPL 2.2
• Title: American Red Cross Agreement
• Information Date: 10/30/1978
• Standard Number: 1910.151(b)

OSHA INSTRUCTION CPL 2.2 OCTOBER 30, 1978
OSHA PROGRAM DIRECTIVE #200-9
To: Regional Administrators, National Office Directors, Area Office Directors and District Supervisors.
Subject: American Red Cross Agreement
1. Purpose
To provide guidelines for National and Field Offices' personnel and staff regarding the American Red Cross Agreement.
2. Documentation Affected
This directive supplements the instructions in CHapter XIII and XVIII of the Compliance Operations Manual.
3. Agreement
A statement of understanding has been reached between the Secretary of Labor and the president of the American Red Cross regarding first-aid training requirements and courses. The agreement provides an immediate source of knowledgeable and qualified personnel and training capabilities in first aid through the American Red Cross.
a. The Red Cross agrees to expand first-aid training resources and will adapt courses to meet the needs of different work environments.
b. Red Cross Chapters, Divisions and Areas will assist in distributing information relating to first-aid training services available to employers and employees.
c. Additionally, the Red Cross will designate liaison personnel to work with the National Office and Regional Administrators; and will provide the Occupational Safety and Health Administration (OSHA) with pertinent information on its training courses and related review material.
4. Action
a. Policy
Persons who have a current training certificate in the American Red Cross Basic, Standard or Advanced First Aid Course shall be considered as adequately trained to render first aid in
OSHA Instruction CPL 2.2 October 30, 1978 -2-
fulfilling the requirements of the Occupational Safety and Health Standards, Subpart K., Medical and First Aid (29 CFR 1910.151(b)), The American Red Cross Standard Course is the recommended MINIMUM level of first-aid training.
b. National Offices and Regional Administrators shall:
(1) Establish appropriate liaison with national, area, division, and chapter offices of the American Red Cross; and
(2) Assure current and future State programs include appropriate recognition and implementation of this policy.
c. First-aid courses by other organizations are recognized by OSHA if found satisfactory. Regional Administrators shall evaluate such courses.
5. Effective Date.
This instruction is effective immediately and will be incorporated into the next scheduled revision of the Compliance Operations Manual.
Preston T. Farish Director Office of Program Operations
    DISTRIBUTION: National Office             Field
                   A/Sec. (3)                   Regional Administrators (3)
                   Dep. Asst./Sec.(2)           ARA Technical(2)
                   Spec. Asst. (1)              ARA Compliance (2)
                   Directors(3)                 ARA State (1)
                   SOL (1)                     Area/District Offices
                   BLS (1)                     Training Institute (4)
                   Review Commission (6)       Professional Staff(1)
                   HEW (1)                     Designated State Agencies(1)
                   Program Operations          NIOSH Regional Program
                    OCC Professional Staff(15)  Directors(1)
                    OCS Professional Staff(30) SOL Regional Attorneys(1)
                    OCS Tech. Centers(1)       Review Commission Regional
                                                Offices(1)
OTHER:
American Red Cross National Headquarters Washington, D.C.

Friday, July 25, 2014

Medical and First Aid Directives - Compliance Programming

Record Type: Instruction
• Directive Number: STD 01-08-002
• Old Directive Number: STD 1-8.2
• Title: 29 CFR 1910.151(c), Medical Services and First Aid; 29 CFR 1926.50 and .51, Medical Service and First Aid, and ...
• Information Date: 03/08/1982

OSHA Instruction STD 1-8.2 March 8, 1982 of Compliance Programming
Subject: 29 CFR 1910.151(c), Medical Services and First Aid; 29 CFR 1926.50 and 51, Medical Service and First Aid, and Sanitation, Respectively; Applicable to Electric Storage Battery Charging and Maintenance Areas
A. Purpose. This instruction provides guidelines regarding eye wash and body flushing facilities required for immediate emergency use in electric storage battery charging and maintenance areas.
B. Scope. This instruction applies OSHA-wide.
C. Action. OSHA Regional Administrators/Area Directors shall ensure that OSHA field staff apply the requirements the subject standards to electric storage battery charging areas as set forth in E. of this instruction.
D. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:
1. Ensure that this change is forwarded to each State designee.
2. Explain the technical content of the change to the State designee as requested.
3. Ensure that State designees are asked to acknowledge receipt of the Federal Program change in writing, within 30 days of notification, to the Regional Administrator. This acknowledgment should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that State.
4. Review policies, instructions and guidelines issued by the State to determine that this change has been communicated to State program personnel. Routine monitoring activities (accompanied inspections and case file reviews) shall also be used to determine if this change has been implemented in actual performance.
OSHA Instruction STD 1-8.2 March 8, 1982 Office of Compliance Programming
E. Guidelines. OSHA field staff will evaluate the potential circumstances for employee exposure to electrolyte(s) in electric storage battery handling, charging and maintenance areas.
1. The safety or health compliance officer shall document the following observations in the case file:
a. Employee use of personal protective equipment.
b. Type and chemical concentration of electrolyte(s).
c. Special guards and/or precautions intended to provide for employee protection from electrolyte exposure.
d. Based upon employee job functions, record the extent and type of probable employee exposure to electrolyte(s).
e. Note the availability and location of eye wash and body flushing equipment/facilities (An arrangement, which includes a hose equipped with a proper face and body wash nozzle, shall also be noted.)
2. The compliance officer and Area Director shall evaluate the data documented in E.1. Where potential employee exposure to hazardous storage battery electrolyte(s) exists, the circumstances and extent of exposure shall determine the application of the following alternatives:
a. The use of effective personal protective equipment in combination with an eye wash and body flushing station in near proximity to the work area(s), shall be deemed to provide adequate minimum protection for employees.
b. In areas where the extent of possible exposure to electrolyte is small, (i.e., such as auto garages, service stations and in certain industrial and construction situations), a specially designated pressure controlled and identified water hose equipped with a proper face and body wash nozzle which will provide copious amounts of low velocity potable water, or an
2
OSHA Instruction STD 1-8.2 MARCH 8, 1982 Office of Compliance Programming
appropriate portable eye wash device containing not less than one gallon of potable water which is readily available and mounted for use, is considered to provide minimum employee protection when proper personal protective equipment is used.
c. In addition to emergency eye and/or face wash procedures, the employer shall ensure that adequate provisions have been established for the emergency care of employees exposed to eye or face contact with electrolytes.
d. At construction sites and in commercial and manufacturing facilities at locations where powered industrial trucks are parked for overnight storage and routine battery recharging only, no need for emergency facilities exists unless potential exposure to electrolyte is substantiated. Where exposure is possible (i.e., servicing batteries) the provisions of E.2.b and E.2.e. should be evaluated for applicability.
e. At construction sites and in commercial manufacturing facilities where batteries (such as industrial truck batteries) are serviced and handled, proper plumbed eye wash and body drenching equipment shall be available immediately adjacent to the work station(s) and within the work area regardless of the personal protective equipment required and used.
3. Where employee exposure to hazardous electric storage battery electrolyte(s) exists and minimum protection measures are not provided, citations shall be issued as appropriate for violations of:
a. 29 CFR 1910.151(b) or 29 CFR 1926.50(c), a person or persons adequately trained to render first aid shall be readily available in the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees.
3
OSHA Instruction STD 1-8.2 March 8, 1982 Office of Compliance programming
b. 29 CFR 1910.151(c) and as adopted by 29 CFR 1926.51, where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.
c. 29 CFR 1910.132(a) or 29 CFR 1926.28(a), personal protective equipment for eyes, face, head, and extremities, protective clothing and protective shields and barriers, shall be provided, used and maintained in a sanitary and reliable condition wherever it is necessary by reason of chemical hazards encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
F. Background. 29 CFR 1910.151 (c) , Medical Services and First Aid, needs clarification regarding its applicability to the hazards of electric storage battery charging areas and the potential exposure of employees to electrolyte(s). There is a clear need to identify the extent and suitability of minimum acceptable eye wash and body quick drenching facilities which are available to potentially exposed employees. 1. The extent of potential employee exposure varies with workplace situations such as:
a. Employee functions.
b. Type of electrolyte(s) and concentration.
c. Type and size of batteries.
d. Facility layout.
e. Personal protective equipment used.
2. The need for eye wash and body quick drenching equipment varies with the factors noted in F.1. Therefore, judicious enforcement of the standard
4
OSHA Instruction STD 1-8.2 March 8, 1982 Office of Compliance Programming
should provide for an evaluation of the contributing factors relative to the potential hazardous exposure, and should permit appropriate minimum assurances for adequate first aid and subsequent treatment.
3. Various forms of eye wash equipment are available today. Many are of the portable or self contained wall mounted type which are limited in the quantity of water available for eye wash purposes, and usually do not provide for body drenching. This equipment may be used for compliance with 29 CFR 1910.151(c) only when it is not economically feasible to provide plumbed equipment and/or where the potential employee exposure to electrolyte(s) is determined to be slight.
4. Eye wash equipment should provide copious low velocity flow of portable water at a suitable temperature, generally between 60 degrees F and 105 degrees F.
Thorne G. Auchter Assistant Secretary DISTRIBUTION: National, Regional and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors
5

Thursday, July 17, 2014

Medical and First Aid - Directives

Directives
  • Inspection Procedures for 29 CFR 1910.120 and 1926.65, Paragraph (q): Emergency Response to Hazardous Substance Releases. CPL 02-02-073, (2007, August 27). Also available as a 444 KB PDF, 119 pages. Updates enforcement procedures for compliance officers who need to conduct inspections of emergency response operations. It defines additional terms and expands on training requirements for emergency responders and other groups such as skilled support personnel. This OSHA instruction revises CPL 02-02-059, issued April 24, 1998.

  • Logging Operations, Inspection Procedures and Interpretive Guidance Including Twelve Previously Stayed Provisions. CPL 02-01-022 [CPL 2-1.22], (1996, September 27).

  • Logging Operations, Inspection Procedures and Interpretive Guidance. CPL 02-01-019 [CPL 2-1.19], (1995, March 17).

  • Exposure Control Plan for OSHA Personnel with Occupational Exposure to Bloodborne Pathogens. CPL 02-02-060 [CPL 2-2.60], (1994, March 7).

  • 29 CFR 1910.151(c), Medical Services and First Aid; 29 CFR 1926.50 and .51, Medical Service and First Aid, and .... STD 01-08-002 [STD 1-8.2], (1982, March 8).

  • American Red Cross Agreement. CPL 02-00-002 [CPL 2.2], (1978, October 30). Provides information regarding first aid training requirements and courses.

  • 29 CFR 1910, Subpart T -- Commercial Diving Operations. STD 02-00-151, (2011, June 13).

Monday, June 30, 2014

Medical and First Aid

It is a requirement of OSHA that employees be given a safe and healthy workplace that is reasonably free of occupational hazards. However, it is unrealistic to expect accidents not to happen. Therefore, employers are required to provide medical and first aid personnel and supplies commensurate with the hazards of the workplace. The details of a workplace medical and first aid program are dependent on the circumstances of each workplace and employer. The intent of this page is to provide general information that may be of assistance. If additional information is required, an Occupational Health Professional should be contacted.
Medical and first aid services are addressed in specific standards for the general industry, shipyard employment, marine terminals, longshoring, and the construction industry.

OSHA Standards

This section highlights OSHA standards, directives (instructions for compliance officers), and standard interpretations (official letters of interpretation of the standards) related to medical and first aid.
Note: Twenty-five states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these States adopt standards that are identical to Federal OSHA. However, some States have adopted different standards applicable to this topic or may have different enforcement policies.
General Industry (29 CFR 1910)
Shipyard Employment (29 CFR 1915)
  • 1915.87, Medical services and first aid
Marine Terminals (29 CFR 1917)
  • 1917.26, First aid and lifesaving facilities
Longshoring (29 CFR 1918)
  • 1918.97, First aid and lifesaving facilities (see appendix V of this part)
Construction Industry (29 CFR 1926)
  • 1926.23, First aid and medical attention

  • 1926.50, Medical services and first aid

Wednesday, June 25, 2014

Using ANSI Z358.1 as guidance to comply with 1910.151(c)

March 28, 2002

Mr. Scott K***
Independence, Ohio


 Dear Mr. K***:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA). You requested an interpretation of 29 CFR 1910.151, Medical Services and First Aid, specifically, section (c) regarding, "suitable facilities for quick drenching or flushing of the eyes and body." Your question has been restated below for clarity. Please accept our apology for the delay in this response.

Background: Your company, a large manufacturer and distributor of sulfuric acid, requires the services of many third party terminals and distributors to assist with the handling of your product. You have specific criteria when acquiring a new terminal that it must meet before a contract is signed. One of these requirements is the need for safety showers that meet or exceed OSHA requirements; OSHA has quoted ANSI Z358.1-1990 in several letters of interpretation. However, there is a new ANSI Z358.1-1998 standard that goes into much more detail and would require some facilities to make a significant capital expenditure to comply.

Question: Which ANSI standard does OSHA enforce?

Answer: ANSI standards become mandatory OSHA standards only when, and if, they are adopted by OSHA; ANSI Z358.1 was not adopted by OSHA. In comparison with the OSHA standard at 29 CFR 1910.151(c), however, ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment. OSHA, therefore, has often referred employers to ANSI Z358.1 as a recognized source of guidance for protecting employees who are exposed to injurious corrosive materials.

OSHA would also take the ANSI standard into consideration when evaluating the adequacy of the protection provided by an employer. OSHA recognizes that there are differences between the 1990 and 1998 versions of ANSI Z358.1, and is planning to develop a compliance directive addressing this issue to ensure uniform and consistent enforcement of 29 CFR 1910.151(c). In the meantime, employers should assess the specific conditions in the workplace and determine whether compliance with the 1998 version of the ANSI Z358.1 will provide protection for employees that compliance with the 1990 version would not.

Wednesday, June 18, 2014

"Working alone" as in 1910.269

February 22, 1999

MEMORANDUM FOR: RICHARD S. TERRILL
Regional Administrator

FROM: RICHARD FAIRFAX, Director
[Directorate of Enforcement Programs]

SUBJECT: Request for Interpretation of OSHA Standard 29 CFR 1910.269

In response to your memorandum of October 13, 1998, with reference to the inspection at the Little Goose Hydroelectric Dam facility operated by the Department of the Army, Walla Walla District, Corps of Engineers, the following interpretation of the applicable Occupational Safety and Health Administration (OSHA) Standards is submitted.

The facility is covered under 29 CFR 1910.269, Electric Power Generation, Transmission, and Distribution Standard. The interpretation of OSHA Standards with reference to the three specific situations requested by you is as follows:

Question No. 1: Does the OSHA Standard above require, at all shifts, that an employee in a generating station be reached by another employee or a second person, trained in cardio-pulmonary resuscitation (CPR) and first aid, within 4 minutes?

Reply: No, not in all circumstances. OSHA Standard 29 CFR 1910.269(b)(1)(ii) requires that for fixed work locations such as generating stations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained. In the rulemaking, OSHA clarified that this provision was required only for employees exposed to the hazards of electrical shock when they perform work on or associated with exposed lines or equipment energized at 50 volts or more. This does not pertain to employees working near insulated electrical equipment, as the exposure to electrical shock hazard is minimal.

Question No. 2: Does the OSHA Standard prohibit an employee from working alone in a generating station where emergency medical response service (EMRS) can not respond to a work-related accident within 4 minutes?

Reply: Yes, with respect to the working alone issue, OSHA Standard 29 CFR 1910.269 prohibits an employee from working alone if the duties of the employee in the hydroelectric dam generating station fall into one of the categories in paragraph 1910.269(l)(1)(i) and are not exempted by paragraph 1910.269(l)(1)(ii). The working alone issue is not dependent upon first aid/CPR response and the preceding reply addresses the 4 minute response time issue.

Question No. 3: In facilities, other than generating stations, where a hazard may or may not include electrical shock, do we permit "working alone" where EMRS can not respond within 4 minutes to an accident resulting in a critical injury, or within 15 minutes to an accident resulting in a serious non life-threatening injury?

Reply: In facilities other than Electric Power Generation, Transmission and Distribution that fall outside of the scope of OSHA Standard 29 CFR 1910.269, there is no general OSHA Standard that deals with the situation of an employee "working alone" except in specific situations such as emergency response, interior structural firefighting, or working in permit required confined spaces. Again, the working alone requirement is not dependent on medical treatment response time.

In summary, an employee must be accompanied by another employee if the duties of the night shift operator in the hydroelectric dam station fall into one of the categories in paragraph 1910.269(l)(1)(i) and are not exempted by paragraph 1910.269(l)(1)(ii). The CPR and first aid provisions, contained in paragraph 1910.269(b)(1) are dependent upon the type of electrical work performed by employee(s) and not the working alone issue. If an employee could be expected to be exposed to electric shock (at or beyond the 50 volt threshold hazard limit) in the course of performing his or her duties, then these requirements for field work and fixed work locations apply. In all general industry work situations, the medical services and first aid requirements set forth in paragraph[s] 1910.151[(b) and 1910.151(c)] apply. That existing section includes provisions for available medical personnel, first aid training and supplies and facilities for drenching or flushing of the eyes and body in the event of exposure to corrosive materials.

Wednesday, June 11, 2014

Logging Industry First Aid Kit List

• Part Number: 1910
• Part Title: Occupational Safety and Health Standards
• Subpart: R
• Subpart Title: Special Industries
• Standard Number: 1910.266 App A
• Title: First-aid Kits (Mandatory).

The following list sets forth the minimally acceptable number and type of first-aid supplies for first-aid kits required under paragraph (d)(2) of the logging standard. The contents of the first-aid kit listed should be adequate for small work sites, consisting of approximately two to three employees. When larger operations or multiple operations are being conducted at the same location, additional first-aid kits should be provided at the work site or additional quantities of supplies should be included in the first-aid kits:

1. Gauze pads (at least 4 x 4 inches).

2. Two large gauze pads (at least 8 x 10 inches).

3. Box adhesive bandages (band-aids).

4. One package gauze roller bandage at least 2 inches wide.

5. Two triangular bandages.

6. Wound cleaning agent such as sealed moistened towelettes.

7. Scissors.

8. At least one blanket.

9. Tweezers.

10. Adhesive tape.

11. Latex gloves.

12. Resuscitation equipment such as resuscitation bag, airway, or pocket mask.

13. Two elastic wraps.

14. Splint.

15. Directions for requesting emergency assistance.

[59 FR 51672, Oct. 12, 1994; 60 FR 47022, Sept. 8, 1995]

Wednesday, May 28, 2014

Appendix A to § 1926.50 -- First aid Kits (Non-Mandatory)

First aid supplies are required to be easily accessible under paragraph Sec. 1926.50(d)(1). An example of the minimal contents of a generic first aid kit is described in American National Standard (ANSI) Z308.1-1978 "Minimum Requirements for Industrial Unit-Type First-aid Kits". The contents of the kit listed in the ANSI standard should be adequate for small work sites. When larger operations or multiple operations are being conducted at the same location, employers should determine the need for additional first aid kits at the worksite, additional types of first aid equipment and supplies and additional quantities and types of supplies and equipment in the first aid kits.

In a similar fashion, employers who have unique or changing first-aid needs in their workplace may need to enhance their first-aid kits. The employer can use the OSHA 300 log, OSHA 301 log, or other reports to identify these unique problems. Consultation from the local fire/rescue department, appropriate medical professional, or local emergency room may be helpful to employers in these circumstances. By assessing the specific needs of their workplace, employers can ensure that reasonably anticipated supplies are available. Employers should assess the specific needs of their worksite periodically and augment the first aid kit appropriately.

If it is reasonably anticipated employees will be exposed to blood or other potentially infectious materials while using first-aid supplies, employers should provide personal protective equipment (PPE). Appropriate PPE includes gloves, gowns, face shields, masks and eye protection (see "Occupational Exposure to Blood borne Pathogens", 29 CFR 1910.1030(d)(3)) (56 FR 64175).

Wednesday, May 21, 2014

Appendix A to § 1926.50 -- First aid Kits (Non-Mandatory)

First aid supplies are required to be easily accessible under paragraph Sec. 1926.50(d)(1). An example of the minimal contents of a generic first aid kit is described in American National Standard (ANSI) Z308.1-1978 "Minimum Requirements for Industrial Unit-Type First-aid Kits". The contents of the kit listed in the ANSI standard should be adequate for small work sites. When larger operations or multiple operations are being conducted at the same location, employers should determine the need for additional first aid kits at the worksite, additional types of first aid equipment and supplies and additional quantities and types of supplies and equipment in the first aid kits.

In a similar fashion, employers who have unique or changing first-aid needs in their workplace may need to enhance their first-aid kits. The employer can use the OSHA 300 log, OSHA 301 log, or other reports to identify these unique problems. Consultation from the local fire/rescue department, appropriate medical professional, or local emergency room may be helpful to employers in these circumstances. By assessing the specific needs of their workplace, employers can ensure that reasonably anticipated supplies are available. Employers should assess the specific needs of their worksite periodically and augment the first aid kit appropriately.

If it is reasonably anticipated employees will be exposed to blood or other potentially infectious materials while using first-aid supplies, employers should provide personal protective equipment (PPE). Appropriate PPE includes gloves, gowns, face shields, masks and eye protection (see "Occupational Exposure to Blood borne Pathogens", 29 CFR 1910.1030(d)(3)) (56 FR 64175).

Thursday, May 15, 2014

Eyewash & Shower Facilities OSHA Interpretation

29 CFR 1910.151(C) Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.

Dear Mr. B***,

Thank you for your April 21, 2009 letter to the Occupational Safety and Health Administration (OSHA). Your letter was transferred to OSHA's Directorate of Enforcement Programs (DEP) for a response. This letter constitutes OSHA's interpretation of only the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. You had specific questions regarding eyewash and shower facilities required by 29 CFR 1910.151(c). Your paraphrased scenarios, questions, and our responses are below.

Scenario: You state that your company manufactures and sells many commercial cleaning products which are classified as moderate or severe eye irritants. Your company's policy is to specify on the material safety data sheets (MSDS) to use chemical splash goggles as eye protection and to flush for at least 15 minutes as first aid.
Question 1: Is there a requirement for an emergency eyewash in the immediate work area for anything other than injurious corrosive chemicals (including chemicals which the MSDS clearly indicates that the product is a severe irritant, but not corrosive to eyes or skin) under 1910.151(c)? Are there any other Federal OSHA regulations that would require provision of eye flushing facilities for use of chemicals other than corrosives?

Reply 1: No. OSHA's current policy regarding the requirements for providing an emergency eyewash and/or safety shower is explained in its letter of interpretation to Mr. Tom Heslin, May 5, 2004 (attached) as follows:
The OSHA requirements for emergency eyewashes and showers, found at 29 CFR 1910.151(c), specify that "where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. As the standard states, an eyewash and/or safety shower would be required where an employee's eyes or body could be exposed to injurious corrosive materials. If none of the materials used in this work area is an injurious corrosive [chemical] (as indicated by the Material Safety Data Sheet (MSDS) for each product), then an emergency eyewash or shower would not be required pursuant to 1910.151(c).

While not having the force of a regulation under the OSH Act, the current ANSI standard addressing emergency eyewash and shower equipment (ANSI [Z]358.1-2004) provides for eyewash and shower equipment in appropriate situations when employees are exposed to hazardous materials. ANSI's definition of "hazardous material" would include caustics, as well as additional substances and compounds that have the capability of producing adverse effects on the health and safety of humans. ANSI's standard also provides detail with respect to the location, installation, nature, and maintenance of eyewash and shower equipment. You also may wish to consult additional recognized references such as W. Morton Grant's Toxicology of the Eye (Charles C Thomas Pub. Ltd., 4th edition, August 1993) when considering potential chemical exposures to the eye and the appropriateness of installing eyewash facilities to protect employees against hazards associated with particular chemicals and substances.
Scenario: You state that your company produces concentrated products that are packaged in sealed dispensing containers that are connected to a water source by the user to automatically generate the recommended use dilution. In some cases, the concentrated product, as sold, is corrosive to the eyes or skin, but the use dilution that is generated is no more than an irritant.

Question 2: Is an eyewash and/or shower facilities required in areas where sealed dispensing products are handled since there is no exposure to the corrosive material under anticipated conditions of handling and use?

Reply 2: Yes. In dealing with corrosive products that are packaged in sealed dispensing containers, OSHA's current policy is explained in its letter of interpretation to Mr. Douglas A. Page, April 14, 2008 (attached) as follows:
... the employer must determine if employees can or will be exposed during the course of their duties to hazardous materials in such a way that the protections of an eyewash or emergency shower would be necessary. If hazardous materials are present at a worksite in such a way that exposure could not occur (for example, in sealed containers that will not be opened, or caustic materials in building piping), then an eyewash or emergency shower would not be necessary. However, if the building piping containing caustic materials has, at certain locations, a spigot or tap from which the contents are to be sampled or withdrawn and employees are expected to perform such tasks, then, certainly, an eyewash and/or emergency shower would be needed where this task is to occur.

Friday, May 9, 2014

First Aid List for Part 1904.7(b)(5)(ii)

First Aid List

1904.7 (b)(5)(ii) What is "first aid"?
For the purposes of Part 1904, "first aid" means the following:
(A) Using a nonprescription medication at nonprescription strength (for medications
available in both prescription and non-prescription form, a recommendation by a
physician or other licensed health care professional to use a non-prescription medication
at prescription strength is considered medical treatment for recordkeeping purposes);
(B) Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine
or rabies vaccine, are considered medical treatment);
(C) Cleaning, flushing or soaking wounds on the surface of the skin;
(D) Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using
butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures,
staples, etc. are considered medical treatment);
(E) Using hot or cold therapy;
(F) Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back
belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the
body are considered medical treatment for recordkeeping purposes);
(G) Using temporary immobilization devices while transporting an accident victim (e.g.,
splints, slings, neck collars, back boards, etc.).
(H) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
(I) Using eye patches;
(J) Removing foreign bodies from the eye using only irrigation or a cotton swab;
(K) Removing splinters or foreign material from areas other than the eye by irrigation,
tweezers, cotton swabs or other simple means;
(L) Using finger guards;
(M) Using massages (physical therapy or chiropractic treatment are considered medical
treatment for recordkeeping purposes); or
(N) Drinking fluids for relief of heat stress.
(iii) Are any other procedures included in first aid?
No, this is a complete list of all treatments considered first aid for Part 1904 purposes.

Friday, April 25, 2014

Full Face Shield and Access to Water Hose

July 26, 1994

Ms. Claudia H**
Falls Church, Virginia 22046-1148


Dear Ms. H***s:

Thank you for your letter dated June 22 inquiring about your previous letters of October 4, and March 29 to Mr. Roger Clark requesting interpretation of the Occupational Safety and Health Administration (OSHA) Medical and First Aid standards. I apologize for the delay in responding to your inquiries.

With regard to whether full face shields and access to a water hose can be used as a substitute for a commercially available eye wash facility to comply with 1926.50(g), please be advised that this is acceptable but only under limited conditions. In areas where the extent of possible exposure to injurious corrosive materials is very low, a specially designated pressure controlled and identified water hose can be used when proper personal protective equipment also is used (e.g. full face shield). The hose system must be equipped with a proper face and body wash nozzle and provide copious amounts of low velocity potable water. An appropriate portable eye wash device containing not less than one gallon of potable water, would also be acceptable under these conditions. At locations where hazardous chemicals are handled by employees (e.g. battery servicing facility), proper eyewash and body drenching equipment must be available.

With regard to preparing for unknown hazard emergencies, please be advised that employers are responsible to provide eyewash facilities only if the potential for exposure to corrosive material is known to exist or could reasonably be expected to exist.

Monday, April 21, 2014

List of corrosive materials and concentrations

April 14, 2008

Mr. Douglas A. P***

Albany, New York

Dear Mr. P***:

Thank you for your November 9, 2007 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. You expressed concerns regarding OSHA's standards concerning eyewash and shower facilities. Your paraphrased scenario and our response follow.

Scenario: Many in the building industry are providing emergency eyewashes and emergency showers in very low-level hazard locations (e.g., a boiler room in an apartment house, dormitory, etc.) because of the ambiguous language of the standards. Where acids are used in BSL-3 laboratories, the method of compliance is rather straight-forward. In lower-level hazard applications, many in the industry are perplexed as to when these fixtures are required. To facilitate compliance with 29 CFR 1910.151(c) and 29 CFR 1926.50(g), guidance from your office is needed.

Question 1: When are eyewash and shower fixtures required?

Response: The OSHA requirements for emergency eyewashes and showers, found at 29 CFR 1910.151(c) and 29 CFR 1926.50(g), specify: "Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use."

Question 2: What are the definition of "corrosive materials" and the definition of "exposed to"?

Response: Although the standards discussed above do not define these terms, OSHA's Hazard Communication Standard is instructive. The standard at 29 CFR 1910.1200, Appendix A, defines a corrosive as:

A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. For example, a chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Department of Transportation in appendix A to 49 CFR part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces.
Generally speaking, corrosive materials have a very low pH (acids) or a very high pH (bases). Strong bases are usually more corrosive than acids. Examples of corrosive materials are sodium hydroxide (lye) and sulfuric acid.

As defined in 29 CFR 1910.1200(c),
"Exposure" or "exposed" means that an employee is subjected in the course of employment to a chemical that is a physical or health hazard, and includes potential (e.g.,, accidental or possible) exposure. "Subjected" in terms of health hazards includes any route of entry (e.g., inhalation, ingestion, skin contact or absorption.)
Question 3: Can you provide a listing of corrosive materials and concentrations that would trigger the requirement for emergency eyewashes and emergency showers?

OSHA does not have a listing of corrosive materials that would require an eyewash and/or emergency shower. As 29 CFR 1910.151(c) and 29 CFR 1926.50(g) state, an eyewash and/or safety shower would be required where an employee's eyes and body may be exposed to injurious corrosive materials. One source of information on the corrosive nature of a chemical would be the Material Safety Data Sheet (MSDS) for the product(s) being used which must accompany those products. See 29 CFR 1910.1200(g). In addition, the employer must determine if employees can or will be exposed during the course of their duties to hazardous materials in such a way that the protections of an eyewash or emergency shower would be necessary. If hazardous materials are present at a worksite in such a way that exposure could not occur (for example, in sealed containers that will not be opened, or caustic materials in building piping), then an eyewash or emergency shower would not be necessary. However, if the building piping containing caustic materials has, at certain locations, a spigot or tap from which the contents are to be sampled or withdrawn and employees are expected to perform such tasks, then, certainly, an eyewash and/or emergency shower would be needed where this task is to occur.

Under 29 CFR 1910.132(d), employers must perform a hazard assessment at their worksites to determine if personal protective equipment would be needed to protect their employees. Additionally, 29 CFR 1910.133(a)(1) specifically requires the use of eye and face protection when employees would be exposed to "liquid chemicals, acids or caustic liquids. . . . ," among other things. Therefore, an employer's hazard determination, conducted under the requirements of these standards, will help determine the necessity for PPE, as well as the necessity for eyewashes or showers as means of protecting employees from exposure to injurious corrosive materials.

Although the Dormitory Authority of the State of New York is not covered by Federal OSHA because it is a state government agency (see 29 USC 652(5)), it is covered by the New York Public Employee Safety and Health (PESH) program, which regulates the workplace safety and health of state and local government employees only. Private-sector employees in New York are covered by Federal OSHA. Therefore, state and local government employers in the State of New York must comply with State occupational safety and health requirements.

As a condition of plan approval, States are required to adopt and enforce occupational safety and health standards that are at least as effective as those promulgated by Federal OSHA 29 USC 667(c)(2). PESH has adopted the Federal OSHA standards, 12 NY ADC 800.3. These standards must be enforced at least as effectively as they are by Federal OSHA 29 USC 667(c)(2). If you would like further information regarding the enforcement of PEHA requirements, you may contact the New York Public Employee Safety and Health Program at:
New York Public Employee Safety and Health Program
State Office Campus Building 12, Room 158
Albany, New York 12240

Normand Labbe, Program Manager
(518) 457-1263
(518) 457-5545 FAX

Thursday, April 17, 2014

Interpretation of the First Aid Standard

December 11, 1996

Mr. Gregory M. F*** 

Indianapolis, Indiana 46204-2971

This letter is a follow-up to the conversation that a member of my staff had with Ms. Karol Copper-Boggs, of your firm, regardingthe Occupational Safety and Health Administration's (OSHA) interpretation of the First Aid standard, 29 CFR 1910.151.

Ms. Boggs explained to [my staff] that a client of your firm had some concerns regarding OSHA's interpretation of 29 CFR 1910.151. [The] recollection of the questions asked of [my staff] by Ms. Boggs is as follows:

Question 1: "Must an employer have individuals trained to render first aid?"

Answer: [No.] The OSHA requirement at 29 CFR 1910.151(b) states, "In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. [Adequate] [f]irst aid supplies approved by the consulting physician shall be readily available." [emphasis added]
[This document was edited on 8/19/1999 to strike information that no longer reflects OSHA policy.]

OSHA's regulation does not set specific response time requirements for the term "near proximity", however, in areas where accidents resulting in suffocation, severe bleeding, or other life-threatening or permanently disabling injury or illness are likely, a 3 to 4 minute response time, from time of injury to time of administering first aid, is required. In other circumstances, i.e., where a life-threatening or permanently disabling injury is an unlikely outcome of an accident, a longer response time, such as 15 minutes, is acceptable. The rationale for requiring a 4 minute response time is brain death when the heart or breathing has stopped for that period of time.
[This letter was edited on 6/12/2002 to strike information that no longer reflects current OSHA policy. Please see the
1/16/2007 letter to Mr. Brogan for the current policy.]

Question 2: "If an emergency situation were to occur where first aid was necessary and a trained employee were to panic, forgetting all of their training, and no first aid or improper first aid was administered could the employer be cited?"

Answer: If a trained employee were to panic in an emergency situation and not administer first aid or administer improper first aid, OSHA would not cite the employer. The employer would have met his obligation under the standard by having individuals trained to render first aid. The standard only requires employees to be trained in first aid, but does not address the actual performance of first aid in an emergency situation. Please note, however, that OSHA would conduct an investigation, if deemed necessary, to ensure that proper training certification, e.g., First Aid and CPR certificates were in order.

Question 3: "Would an employer be in violation of OSHA's First Aid standard if the employer were to issue a policy which recommends that employees call "911" in emergency situations?"

Answer: The purpose of first aid is to give injured employees some level of medical attention as quickly as possible to bridge the gap between the accident and full medical treatment. Therefore, the rendering of first aid should be encouraged by trained employees in addition to calling "911." Thus, an employer would not be in violation of OSHA's First Aid standard by issuing such a policy statement as long as the policy does not discourage the rendering of first aid by trained employees.

I hope this letter is responsive to your concerns. If we can be of further assistance please contact [the Office of General Industry Enforcement at (202) 693-1850].

Sincerely,


Raymond E. Donnelly, Director
[Office of General Industry Enforcement]

[Corrected 05/31/2007]



November 19, 1996

Ms. Renee Carter
Directorate of Compliance
Occupational Safety and Health Administration
200 Constitution Ave. NW
Washington, D.C. 20210

Re: First Aid Training Statute 29 CFR 1910.151

Dear Ms. Carter:

Recently, Karla Cooper-Boggs of my office discussed with you the Occupational Safety and Health Administration's ("OSHA") interpretation of the first aid training statute, 29 CFR 1910.151. Outlined below is our understanding of that conversation.

You indicated that an employer must ensure that a number of its employees are trained in accordance with 29 CFR 1910.151, but that the employer is not required to ensure that the trained employee actually performs first aid. You stated that OSHA would not issue citations to the employer if its trained employee(s) rendered first aid improperly, or not at all.

It is also our understanding that an employer will not violate OSHA regulations by issuing a policy which recommends that employees call "911" in emergency situations, and that trained employees should attempt to administer first aid at their discretion so long as such a policy does not discourage the rendering of first aid by a trained employee.

Thursday, April 10, 2014

ANSI Z358.1 as guidance to comply with 1910.151(c)

March 28, 2002

Mr. Scott K***
Independence, Ohio 44131

Dear Mr. K***:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA). You requested an interpretation of 29 CFR 1910.151, Medical Services and First Aid, specifically, section (c) regarding, "suitable facilities for quick drenching or flushing of the eyes and body." Your question has been restated below for clarity. Please accept our apology for the delay in this response.

Background: Your company, a large manufacturer and distributor of sulfuric acid, requires the services of many third party terminals and distributors to assist with the handling of your product. You have specific criteria when acquiring a new terminal that it must meet before a contract is signed. One of these requirements is the need for safety showers that meet or exceed OSHA requirements; OSHA has quoted ANSI Z358.1-1990 in several letters of interpretation. However, there is a new ANSI Z358.1-1998 standard that goes into much more detail and would require some facilities to make a significant capital expenditure to comply.

Question: Which ANSI standard does OSHA enforce?

Answer: ANSI standards become mandatory OSHA standards only when, and if, they are adopted by OSHA; ANSI Z358.1 was not adopted by OSHA. In comparison with the OSHA standard at 29 CFR 1910.151(c), however, ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment. OSHA, therefore, has often referred employers to ANSI Z358.1 as a recognized source of guidance for protecting employees who are exposed to injurious corrosive materials.

OSHA would also take the ANSI standard into consideration when evaluating the adequacy of the protection provided by an employer. OSHA recognizes that there are differences between the 1990 and 1998 versions of ANSI Z358.1, and is planning to develop a compliance directive addressing this issue to ensure uniform and consistent enforcement of 29 CFR 1910.151(c). In the meantime, employers should assess the specific conditions in the workplace and determine whether compliance with the 1998 version of the ANSI Z358.1 will provide protection for employees that compliance with the 1990 version would not.

Friday, March 28, 2014

Minimum Requirements for Logging Standard

29 CFR 1910.266 App A

The following list sets forth the minimally acceptable number and type of first-aid supplies for first-aid kits required under paragraph (d)(2) of the logging standard. The contents of the first-aid kit listed should be adequate for small work sites, consisting of approximately two to three employees. When larger operations or multiple operations are being conducted at the same location, additional first-aid kits should be provided at the work site or additional quantities of supplies should be included in the first-aid kits:
1. Gauze pads (at least 4 x 4 inches).
2. Two large gauze pads (at least 8 x 10 inches).
3. Box adhesive bandages (band-aids).
4. One package gauze roller bandage at least 2 inches wide.
5. Two triangular bandages.
6. Wound cleaning agent such as sealed moistened towelettes.
7. Scissors.
8. At least one blanket.
9. Tweezers.
10. Adhesive tape.
11. Latex gloves.
12. Resuscitation equipment such as resuscitation bag, airway, or
pocket mask.
13. Two elastic wraps.
14. Splint.
15. Directions for requesting emergency assistance.
[59 FR 51672, Oct. 12, 1994; 60 FR 47022, Sept. 8, 1995]