Trenching and Trenching and Excavation Event

Paul Mackintire

NSTAR

EEI –Fall 2010

What Happened?

• Trenching and excavation was being performed to lay gas pipe

• A water pipe was obstructing the pathway for the pipe and needed to be underminedpipe and needed to be undermined

• OSHA was driving by and noticed an open trenchOSHA was driving by and noticed an open trench with an employee in it

• Why am I talking about Gas at EEI ?

Why?

• The electric industry, obviously has trenching and excavation opportunities and

• Some of us work for combined utilities

• As we all know, there has been an ongoing National Emphasis Program for a very long time regarding Trenching and Excavation

• Repeat violations are proposed to go to 5 years (from 3years)y )

• The Enhanced Enforcement act has been replaced with the Severe Violator Enforcement ProgramSevere Violator Enforcement Program

Severe Violator Enforcement ProgramOverview

• Focuses on employers who willfully and repeatedly expose workers to serious workplace hazards.

• Establishes enforcement actions which can include:– Increased inspection activity across your service territory– Increased inspection activity across your service territory– Increased Fines– Regional/Nationwide News Releases

Sending Letters to Corporate Officers– Sending Letters to Corporate Officers– Scheduling meetings between OSHA, the CEO of the

Corporation, and the Labor Unions employed by the company.company.

Criteria for a Severe Violator Case

• An employer becomes subject to the Severe Violator Enforcement Program when:1. A fatality/catastrophe inspection in which OSHA cites one or

ll d illf l f il b i l imore alleged willful, repeat or failure-to-abate violations

2. An inspection in which 2 or more willful or repeat violations or failure to abate notices (or any combination of these) based on high gravity serious violation related to a High-Emphasis Hazard.

A “High-=Emphasis Hazard” are from the following National Emphasis Programs:

Fall Protection– Fall Protection– Amputation/Lockout Tagout– Combustible Dust– Silica– LeadLead– Excavation/Trenching Shoring– Shipbreaking

SVEP Criteria Cont.

• Inspection that results in 3 or more willful, repeat, or failure to abate high gravity serious violations based on the hazards posed by the potential release of highly hazardous chemicals, as defined in the OSHA Process Safety Managementin the OSHA Process Safety Management standard.

• Inspection that results in a set of egregious willful citations.

SVEP – Enables OSHA to ’Raise the Stakes’

• Actions taken by OSHA as a result of being identified as a Sever Violator:– Mandatory Follow-up Inspections

• Can be spread across a Utilities’ entire service territory• Notify OSHA daily of worksite locationsy y

– Citations and Notifications of Penalty sent to Corporate Headquarters

– Issuance of Regional and/or National Press ReleaseIssuance of Regional and/or National Press Release (Public Shaming)

• Public announcement that your organization has been labeled as one of OSHA’s Severe Violators

– Letter’s sent to the CEO • OSHA’s Regional Administrator (or National Office Official)

will send a letter to the CEO expressing concern with the company’s violations.

SVEP – Raising the Stakes Cont.

• OSHA can require the company to hire a qualified consultant to develop a comprehensive safety program

• Any agreements made as a result of the citation will have to be made across the companies entirewill have to be made across the companies entire system.

• Requires the employer to submit to the Area Director its OSHA Injury and Illness Log(s) on a quarterly basis, giving OSHA consent to conduct inspections based on their findings.inspections based on their findings.

• Requires the employer to notify OSHA of any serious injury or illness requiring medical attention and provide consent to an inspection

OSHA Administration

Sept. 14th, 2010 The Occupational Safety and Health Administration plans to launch its

new penalty policy in October, the deputy assistant secretary of p y p y , p y ylabor for occupational safety and health said Sept. 14.

Jordan Barab told the New York State Public Employees Federation that under the new policy OSHA will levy higher penalties against companies for violations of worker safety laws to send thecompanies for violations of worker safety laws to send the message that the agency “is back to its original function of enforcing law and order.” OSHA can only raise penalties administratively to a certain extent. Major changes in penalties will require legislationrequire legislation.

• This is the first time that OSHA raised its penalties since 1990.• A serious violation, one that may cause death or serious injury is , y j y

raised from a maximum of $7,000 to $12,000, with the average fine $3,000-4,000, up from $1,000.

• The maximum penalty for a willful violation is raised from $70,000 to $250 000to $250,000.

OSHA Direction2002 O h Th S i OSHA l• 2002-Other-Than-Serious OSHA may assess a penalty from $0 to $1,000 for each violation. The agency may adjust a penalty for an other-than-serious violation downward by as much as 95 percent, depending on the employer’s good faith (d t t d ff t t l ith th A t) hi t f(demonstrated efforts to comply with the Act), history of previous violations, and size of business.

• As of 2010 fines for this type of violation can range fromAs of 2010, fines for this type of violation can range from $350 to $7,000 per violation. The amount that is fined is determined by history of previous violations, the size of the business and whether the employer has taken steps to comply with OSHAcomply with OSHA.

Just The Facts

• The trench was greater than 5 ft.The trench was greater than 5 ft.

• No ladderNo ladder

Measuring device

less than 4 ft.

Greater than 5 ftGreater than 5 ft

Underneath pipe

less than 4 ft.

No ladderNo ladder

Outcome

• Settlement at informal conference

C it t d $• Commitments and $

Improvement plans

• Re-wrote Procedure

G• Retrained all Gas and Electric workers with potential exposure on competent person (e-learning and Face to Face)

• Developed Daily inspection log

• Developing a portable “podium type” post which indicates “daily inspection” and has compartments for measuring tools, atmospheric monitors and tube to hold job brief and daily inspection

• Provided additional Shoring boxes and attached additional ladders to the shoring boxes

Parting gift

• 5 squared =25 feet –the distance for need for a ladder for lateral travel

• 5 Feet deep required for cave-in protection• 4 Feet required for ladder in trench (you could

also mention atmospheric monitoring)also mention atmospheric monitoring)• 3 Feet required for ladder to extend above

trenchtrench • 2 Feet required for spoil to be away from edge

of trench• 1 Foot Life, Make the right choice! (you could also

mention the required for trench shield to extend above top of excavationabove top of excavation

Q i ???Questions???