If you think OSHA is a small town in Wisconsin, you
are in trouble. A cute and catchy saying, yes. A very serious
message, absolutely. The Occupational Safety and Health Act of 1970 (OSHA)
covers all employers and employees within the jurisdiction of the U.S.
government. States may enact equivalent regulations. Every
dive store with one or more employee “shall furnish- a place of employment
which is free from recognized hazards that are causing or are likely to
cause death or serious physical harm to his employees”.
Where might OSHA regulations apply to a dive store,
equipment repair facility or an air fill operation? While I will
make no attempt to mention all applicable rules, I will relate some
specific requirements to illustrate the far-reaching impact of OSHA at a
dive operation. Obviously, the fill station and handling of
compressed air, nitrox, oxygen, etc. is a prime hazard area especially
when employees have had incomplete training on pressurized gas safety and
handling. Deaths or grave injuries have occurred nearly every year
from cylinder explosions, or component failures. OSHA requires
employers to ensure that cylinders used or handled by employees are safe
based upon visual inspection. If a cylinder ruptures during fill,
and 90% of explosive failures do occur during the fill process, then the
employer has failed in his required obligation and may be cited and
subject to a substantial fine.
Employers are required to provide each employee
appropriate hazardous materials awareness training within 90 days of hire,
whenever their duties change and refresh training every three years.
Cylinders themselves are hazardous only to the extent that dropping one on
a foot could require a visit to a medical facility. The real hazard
is the contents, pressurized gas. Pressure makes the cylinder
similar to a hand grenade, a lot of energy stored inside and capable of
instantaneous release under certain conditions.
The regulator repair and the wet suit repair
technicians both use hazardous chemicals, acids, glues, etc. Does
the repair technician eat his lunch, drink beverages or place food snacks
on his workbench where regulator cleaning or other chemicals are in use?
That is a no, no!
Many OSHA rules have noting to do with diving but
with the building where employees perform their duties. Here are a
few examples:
1910.38(q)(2)—Doors and passageways which are
neither an exit nor a way of exit shall be identified by a sign reading
NO EXIT.
1910.37(f) The minimum width of any way of exit
access shall in no case be less than 28 inches.
1910.305(g)(1)(ii)—Flexible cords and cables may
not be used: a) as a substitute for the fixed wiring on a structure: b)
where run through holes in walls, ceilings, or floors: c) where run
through doorways, windows, or similar openings; d) where attached to
buildings surfaces; or e) where concealed behind building walls,
ceilings or floors.
1910.200(g)(3)(xii)(8)—The employer shall maintain
copies of the required Material Safety Data Sheet (MSDS) for each
hazardous chemical in the workplace and shall ensure they are readily
accessible to employees.
Are dive stores in any way exempt from the above or
other rules that apply to ensure a safe workplace? OSHA and common
sense says no. During my visits to dive stores across the U.S., I
found frequent violation of each of the above rules. If an employee
is injured or should complain to OSHA about working conditions, an
inspector will look at all the violations encountered. What is the
consequence of an OSHA visit and citation?
The consequence of ignoring OSHA related safety
standards or being cited for one or many violations can range from time
spent in meetings, preparing documents and accomplishing compliance to
fines and criminal conviction for a willful violation resulting in death
of an employee. The penalty range is $1,000.00 to $500,000.00 and 6
months in prison.
OSHA inspectors do not call and make an appointment.
They come unannounced. I was visited two times by an OSHA inspector.
Each time, the inspector introduced himself and said, “may I see your
records?” He didn’t want to chat, talk about the weather or
anything else. He waited patiently while I produced all my employee
proof of training documents, the actual outlines used in the training and
the signatures of the employees showing that they were current in HAZMAT
and other safety awareness training. Satisfied my records were
current and proper, he thanked me and left. No pain, no fuss and no
citation because I read the rules and complied.
PSI, Inc., in a further effort to serve the dive
business community, produced two documents intended to assist dive stores
and fire departments meet their obligation for HAZMAT and fill station
operations training. The booklets, titled HAZMAT TRAINING
INSTRUCTOR GUIDE and GUIDE FOR FILL STATION OPERATIONS are wise
investments. Each may be purchased from PSI, Inc. for $15.00.
Shipping cost is $1.50 additional. Contact PSI, Inc. at 425.398.4300
or e-mail at
psi@psicylinders.com