What "Different" State OSHA Requirements Have You Seen?
Nearly half of the country operates under an OSHA-approved State Plan.
Kentucky has an approved State Plan with several noticable differences. A few that come to mind are:
- Any workplace in Kentucky with 8 or more employees is required to have "persons" (plural, meaning more than one) trained in first aid (compared to federal OSHA only requiring it if you're not in "near proximity" to a hospital, clinic, or infirmary). The "near proximity" requirement applies to all other workplaces with 7 or less employees.
- In order to be considered an "amputation" in Kentucky, it has to include the loss of "bone tissue", whereas federal OSHA considers a "degloving" (simply pulling the entire skin off your finger but leaving your bone intact) to be an "amputation".
- Kentucky still follows the 72-hour reporting rule for in-patient hospitalizations, amputations, and losses of an eye (compared to 24 hours for federal OSHA)
- Kentucky's penalty amounts are still at the OLD federal OSHA amounts from ~10 years ago or so AND have no annual inflation increases like federal OSHA (KY penalty amounts are $7,000 - $70,000, compared to $15,625 - $156,256 for federal OSHA)
- ANSI Z358.1-2014 (emergency eyewash and shower standard) is incorporated by reference (with some exceptions) into KY OSHA's "Medical Services and First Aid" standard, whereas federal OSHA does not mention this.
I know I've dealt with Michigan OSHA (MiOSHA) in the past and found it interesting that they have specific standards relating to automotive service operations (e.g., car dealerships). I had to go up and perform an OSH audit at a Lexus dealership outside of Detroit that was cited for not locking out a vehicle after a technician's finger was amputated from an engine belt (wierd, right?). As some people may know, my first career out of high school was an auto/diesel technician. You know how many times I "locked out" a vehicle when working on it? Zero! Needless to say, that was the first time I've had to write a LOTO procedure for how to lockout a vehicle (e.g., bleeding off the fuel system, discharing the airbag capacitor, removing the hybrid battery's control plug, keeping the ignition keys in your pocket or a lockout box, etc.). However, their standards get into everything automotive-related - all the way down to requiring annual inspections on the automotive lifts. Pretty intense, but at the end of the day, I think it's great because in my days in the automotive industry, safety was NEVER mentioned!
Comments (23)
Not a specific requirement here, but I’ve done a lot of work at dealerships through their association insurance group. It’s kind of a mixed bag with LOTO of vehicles. A lot of them at least have a process to control the key when they’re not needed for diagnostics. There is at least an increased awareness of electrical safety because of hybrids and electric cars.
Surprising the tech school never covered safety. We have two Carrier Transicold dealerships and the techs are required to attend Carrier school before they are able to service refrigeration units. I was told by our service manager, who started out as a tech, that lockout/tagout is part of their curriculum. Not saying that the tech still abide by it, however. About after a year starting here, we had our second longest tenured tech (who had been with us around 25 years) check a belt while a unit was in a pre-trip mode and the unit started up like it was supposed to and he lost part of a couple fingers. We made the call to OSHA (Iowa has a state plan) and was told to just send them what training we provide. We sent them what Carrier covers as well as photos of all of the safety decals on the units warning to not handle the belts when the unit is running or in pretrip and they signed off that we were good.
My company operates in multiple states and countries so we are always looking at the differences between state and fed OSHA. Overall, most state plans copy Fed Standards, however, California, Washington, and Michigan like to do their own thing.
California does not have a general duty clause, however, their injury and illness prevention plan regulation works as the de facto general duty clause. California loves to create regs that require written plans: Injury & Illness Prevention Plan, Heat Illness Prevention Plan, Workplace violence prevention plan (for healthcare settings now, all employers by July 1, 2024). California also has a wildfire smoke regulation.
Washington requires a heat illness prevention plan but decided to use different temperatures for the requirement intervention than California and the Fed OSHA NEP. They have wildfire smoke reg also.
Michigan has a much more detail portable power tool reg than feds or California.
While figuring all this out I found this website the compares the regs in different states.
https://phlr.org/product/state-occupational-safety-and-health-standards-maps
We also operate in British Columbia and Australia. Thinks are different in these areas. The regs are less prescriptive.
In OSHA states I let the Doctor tell me if it is an amputation! If an MD or DO tells me in writing that something is an "AVULSION" I do not call it an amputation. If OSHA wants to question a MD or DO let them do it.
In the case of a finger tip with no bone loss I have called several doctors to discuss their diagnosis of an amputation. I even told OSHA in an Informal Hearing that I had called a MD to change the diagnosis from an Amputation to an Avulsion. it was not the only factor that go us a reduced fine but it was a significant factor. Cut the fine by 50%.
To me a factor that determines if something is an Amputation or Avulsion is, will the digit or wound itself regenerate to 100%. At the EOH (End of Healing) if the finger is 100% its an avulsion, with maybe a small scar. But if there is permanent actual loss, or shortening it is an amputation.
Not a legal argument but one that has severed me well with OSHA and WC Hearings.
The last half of my career was mostly dealing with OSHA and a little bit with MIOSHA and MNOSHA. My main plant is in Wisconsin (Fed OSHA) but I also covered two plants one in Michigan and one in Minnesota.
The first half of my career was in Michigan (MIOSHA).
Overall I found the two state plans I have experience to be much more proactive and even helpful, especially Minnesota. When a Minnesota CHSO shows up their first words are, "How can we help?" Only they are serious and not being condescending! They really want to assist the employer and employees! They might make out a citation but you will be be better for it, and learn! I have never gotten a MN citation but gotten an awful of of helpful information.
Michigan I have a lot of experience. I have not had a lot of direct experience with them since 1990. but had a lot prior to that! Back in those days the UAW had a lot of pull in MIOSHA! Working for a Tier I auto supplier you learned pretty quickly you could help yourself by listening hard to The UAM Safety and Health Department, because if you did not you would be listening to MIOSHA, and their lines and words would be in lock step! Even so MIOSHA is much more proactive than OSHA. MIOSHA use to have a SET Division (Safety Education and Training). SET would actually come into your plant and conduct formal "authorized" safety training. I received the very best Lockout Training I have ever attended from a SET Trainer! I actually got my first BBS training in DuPont's STOP Program from a SET instructor!
I have received several MIOSHA citations, but with each one I got their recommendations on how to fix each item! I never got that with an OSHA citation! I do not know how MIOSHA currently is, but I have heard the UAW has much less influence today.
OSHA is much more adversarial in their approach!