Workplace Safety Consultation and Training Services Overview

SAFETY CONSULTATION AND TRAINING SECTION (SCATS) PRESENTATION Presented by Mark Freitas Safety and Health Trainer Reno Office & Andy Giddings SCATS Supervisor Northern Nevada Reno - Elko Office 1

OBJECTIVES Provide overview of SCATS services OSHA and The State of Nevada Consultation Training Employer Programs Safe Partner SHARP VPP Resources Website - www.4safenv.state.nv.us COVID-19 Resource Page 2 Recent NEVADA COVID-19 Information

WHERE OSHA APPLIES The Act applies to all employers and their employees: In the 50 states District of Columbia Territories under U.S. jurisdiction 3

STATE PROGRAMS State/public entities are covered by states with OSHA approved programs 26 states and 2 Territories have State OSHA programs Partially funded by federal government Must be at least as effective as Federal OSHA Federal oversight by OSHA 4

BACKGROUND Department of Business and Industry http://business.nv.gov State of Nevada Organization Division of Industrial Relations http://dirweb.state.nv.us Safety Consultation and Training Section (SCATS) http://4safenv.state.nv.us 702-486-9140 (Southern Nevada) 775-688-3730 (Northern Nevada) 775-778-3312 (Northeastern Nevada) Nevada Occupational Safety and Health Administration (NV OSHA) http://dirweb.state.nv.us/OSHA/osha.htm 702-486-9020 (Southern Nevada) 775-688-3700 (Northern Nevada) 5

SAFETY CONSULTATION & TRAINING SECTION THE VALUE OF WORKPLACE SAFETY SCATS SERVICES Provide assistance in developing written safety programs Answer workplace safety questions Safety training for management, supervisors, and employees Video lending library Perform on-site workplace safety assessments Perform industrial hygiene services Safety and Health Practitioner Program 6

SAFETY CONSULTATION & TRAINING SECTION THE VALUE OF WORKPLACE SAFETY Safe Partner Award Is an award designed to recognize employers that work closely with SCATS Recipients are publicly recognized for having achieved the award 7

SAFETY CONSULTATION & TRAINING SECTION THE VALUE OF WORKPLACE SAFETY Safety & Health Achievement Recognition Program (SHARP) Provide protection Create a culture Build a reputation Save money 8

SAFETY CONSULTATION & TRAINING SECTION THE VALUE OF WORKPLACE SAFETY Voluntary Protection Program (VPP) Recognizes employers and workers who How can a business participate? o Employer must submit an application to SCATS o Involve employees in the safety process o Correct all hazard identified Reevaluated every three to five years Exempt from OSHA Enforcement programmed inspections 9

SAFETY CONSULTATION & TRAINING SECTION THE VALUE OF WORKPLACE SAFETY COVID-19 Resource Page Reopening Phase One and Two Guidelines Nevada Workplace Safety and COVID-19 Video Protecting Grocery Store Workers Video and Resources Industry and Activity Specific Guidelines Helpful PDF and Links https://www.4safenv.state.nv.us/covid-19

RECENT NEVADA COVID-19 INFORMATION August 3, 2020 Press Release Nevada Health Response Team s Long-term Response Plan August 3, 2020 Road To Recovery: Moving to a New Normal nvhealthresponse.nv.gov SB4 Worker Safety Issues in Hotels Liability Protections for Businesses Nevada OSHA Guidance on Face Covering Requirements July 29, 2020 - Scope: Updated Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan Nevada OSHA evaluation of the use of plastic face shields with fabric encapsulation 11

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Under what authority and NRS/NAC is OSHA enforcing the Governor s COVID-19 directives? a.) NRS 618.315 b.) Emergency regulations (dated 3/20/2020) NAC 414.060, 414.070 (3) c.) Declaration of Emergency (DoE) #13 (sec. 5) d.) DoE #16 (sec. 12), DoE #18 (sec. 9), DoE #21 (sec. 13), and DoE #24 (sec. 8). 12

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 If an employer is fined are the fines the same as if an OSHA standard was violated? Is the appeal process to contest the fines the same OSHA process as before? The citations are predicated on a violation of NRS 618.375 (2) and the penalty will be based of the Gravity Based Penalty (GBP) structure. All citations can be appealed through the normal process for appeals. 13

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Can an employer be fined by OSHA if they do not remove customers that refuse to wear face coverings within the business when asked? Yes, failing to attempt to address patrons that are not abiding the order of the Governor will result in a citation to the business. How far does an employer have to go to show a good faith effort to comply with the Governor s directives with unruly customers refusing to wear face coverings? Only an attempt has to be made. If the patron becomes unruly, disturbs that peace or becomes violent then Department of Public Safety should be called (911, etc.) 14

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Employees are getting medical notes from doctor s stating that the employee cannot wear face coverings to perform their work. What are the employer s options in trying to enforce the governor s directives? The business has several options: Provide accommodations that incorporate an engineering control to prevent the employee from being exposed to the hazard. Administratively control the employee's exposure by ensuring that they do not come within 6 9 feet of anyone else. If these cannot be accomplished, then the employer must consider that the employee cannot do their assigned tasks and either send them home or assign a new job where no human contact is possible. 15

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Can a face shield be required by an employer to be worn by an employee that has a medical note/condition that a face covering/mask would be hazardous to the employee s health? If an employee can produce documentation that shows what their condition is then the employer should make accommodations for that employee. Note: a.) Nevada OSHA has only identified one condition that would restrict the use of a face covering to date. 2.) The business is still obligated to protect employees from the hazards of exposure and these obligations cannot be waived by a contract and signature or the employee. 16

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Nevada OSHA has evaluated the use of plastic face shields with fabric encapsulation On July 8, Nevada OSHA issued notification to its enforcement staff as follows: INTERPRETATION - Face Shields with Fabric Enclosure Attachments Nevada OSHA will accept the use of face shields that incorporate fabric enclosures to prevent droplet contamination as an acceptable alternative to cloth face coverings. The intent of a cloth face covering is to reduce the potential for the wearer to contaminate their immediate environment by spreading droplets from their nose and mouth when speaking, breathing, coughing, or sneezing. Common face shield devices are generally considered ineffective in providing an adequate level of droplet reduction due to large openings at the bottom of the device, near the wearer s chin. Nevada OSHA will recognize the use of supplemental fabric that effectively closes the bottom opening of the face shield as providing an equivalent level of droplet contamination reduction as the standard face covering. Nevada OSHA does not endorse specific products by brand, model or manufacturer. Fundamentally, the agency will view a face shield equipped with supplemental fabric enclosures as an acceptable device if the fabric is securely affixed to the face shield s lens, extends fully across the bottom of the lens and extends up the sides of the lens toward the top of the wearer s head to the extent necessary to create an effective enclosure under the wearer s chin and against the wearer s neck. Any deviation from these criteria which would create an opening through which droplets could pass would render the product ineffective and must be avoided. Example only: https://www.rapidresponseppe.com/ 17

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Is working as a contractor in a private residence make the employees public related to the home residents and thus do the contractors need to wear masks/face coverings at all times? YES. Work inside of a private residence is considered to be work in contact with the public, and the private residence where work is being performed is considered to be the employee s workplace. As such, a face covering is required of the employees working in the private residence. A face covering would not be required of the private property owner due to 4th Amendment implications. 18

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 Is the workplace considered public under the new governor's directive and all employees regardless of contact with customers need to wear face coverings/masks while at work since no one knows where the other employees have been or contacted outside of work hours. Face coverings are required when performing work in contact with the public, or in areas where the public has access to even if no one else is present. Face coverings are required in non-public common areas of the workplace, such as hallways, break rooms, storage closets, copy areas, etc. where employees have general access and where employee-to-employee interaction can be reasonably anticipated. Face coverings are not required in private offices where employees work by themselves, however face coverings would be required in private offices where employees interact and cannot maintain a minimum of six feet of separation at all times. 19

COMMONLY ASKED QUESTIONS TO OSHA DURING COVID-19 My employees are telecommuting and working from home, do I need to still record injuries in the OSHA 300 log if they are reporting injuries at home? Yes. Standard 29 CFR 1904.5(b)(7) states the following: Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting. 20

QUESTIONS??? THANK YOU FOR ATTENDING 21