Safety Frequently Asked Questions

Q - What standards does Indiana use for IOSHA compliance?

A - Indiana Occupational Safety and Health Administration (IOSHA) uses the 29 CFR 1926 standards, which are the same standards used in the federally enforced states. Indiana is described as a “state plan.” Federal OSHA allows 24 state plans to operate with their own enforcement. Under Indiana’s “state plan” guidelines, IOSHA may not adopt or enforce any provision used to carry out the enforcement of state regulations that is more stringent than the corresponding federal provision enforced by the United States Department of Labor under the Occupational Safety and Health Act of 1970. However, there are states (such as Kentucky) with state plans that enforce regulations that are more stringent than Federal OSHA.

Q - What resources are available when I am undergoing an IOSHA inspection and have concerns about the conduct of the inspector or have questions about my rights and responsibilities?

A - An excellent source of information is the www.osha.gov website. The specific document you need is the Field Inspection Reference Manual (FIRM) located at http://www.osha.gov/Firm_osha_toc/Firm_toc_by_sect.html.

Q - I am a General Contractor or a Construction Manager with concerns about the quality of a subcontractor’s safety program or their track record with OSHA. Where can I go to get some information about the subcontractor?

A - Search for the company under the “Establishment” tab on the OSHA website at www.osha.gov. Select the letter “E” from the alphabet at the top of the webpage and follow the prompts. Keep in mind that this information may be not up to date, but should be no more than 60 days out of date.

Q - I have read the OSHA standard and I am confused. Where can I get clarification?

A - The OSHA website (www.osha.gov) is an excellent source of information for finding clarifications on how OSHA enforces their standards. On the left side of the OSHA web page is a section for Standard Interpretations. Simply click on the standard in question and the most recent Q and A about that standard will come up. You can also type your subject in the text search box and not only get letters of interpretation but recent program directives on the subject.

Q - Where and when do I need to post my OSHA Form 300A?

A - The Occupational Safety and Health Act of 1970 requires certain employers to prepare and maintain records of work-related injuries and illnesses. OSHA Form 300 is used to log work-related injuries and illnesses and to note the extent and severity of each case. A separate log and summary must be maintained for each physical location that is expected to be in operation for one year or longer. Every year, the summary (OSHA Form 300A) must be posted by February 1 and remain posted until April 30.

Q - How/where do I post the OSHA 300 log? How many OSHA 300 logs do I need? What is recordable as an injury or illness? Where do I go for information along these lines?

A - Refer to the 29 CFR 1926 standard book or go to OSHA’s website at www.osha.gov and click on 29 CFR 1903-1946 to get answers to most of your questions regarding the OSHA 300 form.

Q - How do I calculate OSHA Incident Rates?

A - There are several rates you can calculate, but they all follow the same format. Refer to your OSHA Form 300A Summary of Work-Related Injuries and Illnesses. You will need to define several terms taken from your OSHA Form 300A before making calculations: G= total number of deaths H= total number of cases with days away from work I = total number of cases with job transfer or restriction J = total number of other recordable cases TCIR Rate (Total Case Incident Rate) = To calculate, divide the total number of cases (G+H+I+J) by the total number of employee hours worked, and multiply that amount by 200,000 hours. [For example: Contractor XYZ experienced 1 death (G), 2 cases with days away from work (H), 5 cases with job restrictions or transfer (I), and 1 other recordable case (J). Their total number of cases is nine (1+2+5+1=9 cases). The total hours worked for all employees equal 858,545 hours. The formula = 9 cases divided by 858,545 hours, multiplied by 200,000 hours equals a TCIR Rate of 2.08.] DART Rate (Days Away Cases and Cases with Restriction or Transfer Rate) = To calculate, add the sum of theTotal Number of Cases with Days Away from Work (H), to the Total Number of Cases with Job Transfer or Restriction (I), divide that sum by the total hours worked by all employees, and multiply that number by 200,000 hours. [For example: Contractor XYZ has 2 cases with days away from work (H) and 5 cases with job restrictions or transfer (I), which totals 2+5=7 cases. The total hours worked for all employees was 858,545 hours. The formula = 7 cases divided by 858,545 hours, multiplied by 200,000 hours equals a DART Rate of 1.62.]

Q - I have read the OSHA standard, which refers an ANSI standard. What is ANSI and where can I find the ANSI standards?

A - The American National Standards Institute (ANSI) is a non-profit organization founded in the early 1900s to develop consensus standards. The ICA office has most of the ANSI standards available. All of the ANSI standards are available for purchase online at the ANSI website at http://webstore.ansi.org/ or the American Society of Safety Engineers website at www.asse.org.

Q - I just received a safety order in the mail and do not agree with the penalty or the violations. What can I do?

A - Call the ICA office at 317/472-6777 immediately. You only have 15 working days to get this matter resolved before it becomes a final order. If that happens, it cannot be changed and becomes part of your record and the fine must be paid. ICA can request an informal hearing with IOSHA to discuss the order and evidence provided to work toward a more amicable resolution. Should the outcome of an informal hearing not be to our liking, a Letter of Contest can be written. Your ICA office staff can assist with this process if necessary.

Q - I am being asked by my subcontractors or my own employee about issues of Personal Protective Equipment, such as hard hats being warn backwards and questions of when safety glasses should be worn. Where do I get answers to these questions?

A - Most of the answers to questions like this can be found on the OHSA website (www.osha.gov) as a standard interpretation, or you can type your question into the site’s text search box. Remember, the OSHA standards describe the minimum requirements an employer must meet; you can always go above and beyond the OSHA standard.

Q - I have studied the standards and read the OSHA web page but I am still not certain if what I am doing is correct, or whether there may be hazards I have not recognized as hazards. What can I do in this situation?

A - Contact the safety staff at ICA for help. An extra set of trained eyes can look at your jobsite to verify whether what you are doing is correct and/or to point out hazards you may not have recognized.

Q - The OSHA standards state my employees need to be trained for their specific tasks and exposures on the job site. How can I be sure they receive appropriate training?

A - Your ICA staff has the experience and the tools to train your employees at a very competitive rate. Contact the association office for more information.

Q - What is MUTCD and what does it apply to? Where can I find a copy?

A - The Manual on Uniform Traffic Control Devices, or MUTCD, defines the standards used by road managers nationwide to install and maintain traffic control devices on all streets and highways. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F. It can be accessed online at http://mutcd.fhwa.dot.gov/. (Note: Chapter 6 E addresses worker high visibility guidelines.)

Q - ICA has several safety committees. What do they do, and which one should I join?

A - Refer to the ICA Safety Services document, which has a description of each safety committee. ICA members may sign up to participate in almost any committee they want to participate in.

Q - How do I subscribe to the “Accidents on the Web” email?

A - Contact ICA and ask to be added to the distribution list.

Q - I get too many emails from ICA. How do I unsubscribe from some of them?

A - Contact ICA and ask to be taken off the desired specific email lists.

Q - There are several safety awards programs in which my company can participate. Why should we participate in ICA’s Safety Award Program? What is the value?

A - Most safety programs look primarily at safety numbers and use those – along with written descriptions of a contractor’s safety program and jobsite audits – as the primary factors in determining award winners. The ICA Safety Awards Program is unique in that most of the weight is placed on employee responses to our confidential survey. We solicit random and confidential feedback from employees and supervisors on their employer’s safety program, audit those responses with jobsite audits and interviews with other contractors who work with the submitting contractor. We ask the people most affected by a contractor’s safety program – the very people safety programs are directed at protecting – for input.

Q - What is a competent person?

A - OSHA defines a competent person in 29 CFR 1926.32(f) as “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.” OSHA’s definition, as outlined in 29 CFR 1926.32(f), has two distinct parts. The first part states that a competent person is “capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees.” On its own, that comprises a fairly loose standard that many persons might consider themselves qualified to meet. The second part states that a competent person is one “who has authorization to take prompt corrective measures to eliminate” the aforementioned hazards. Although common sense would suggest that the competent person must have the knowledge and ability to recognize and identify situations and conditions that put workers at risk. Although common sense considerations are necessary, they are not sufficient to meet OSHA criteria. Documented successful completion of training is also required for competent persons. OSHA will want to verify that the designated person has had training in accordance with 29 CFR 192.21(b)(2), which 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.