TOSHA’s 2020 List of Most Frequently Cited Standards for the Public Sector

Each year, the Tennessee Occupational Safety and Health Administration (TOSHA) publishes lists of the 20 most frequently cited standards following worksite inspections. TOSHA publishes these lists to alert employers and employees so they can take steps to find and fix these types of hazards.

The current Most Cited list for the Public Sector, which covers inspections that occurred in 2020, lists numerous hazard communication, electrical, portable fire extinguisher and Tennessee Right to Know violations, among others.

The top five most frequently cited standards include:

• Lack of labeling for in-house chemicals
• Listed or labeled equipment was not installed and used in accordance with any instructions included in the listing or labeling
• Fire extinguishers were not mounted, located and identified
• Lack of a written hazard communication program on site
• Flexible cords were being used as a substitute for the fixed wiring of a structure

Additional cited standards included:

• Lack of labeling of non-containerized hazardous chemicals (i.e., carbon monoxide)
• Lack of annual training on hazardous chemicals
• Missing covers on electrical boxes and cabinets
• Lack of monthly visual inspections of portable fire extinguishers
•  Lack of permanent, continuous and effective path to ground from circuits, equipment and enclosures (Electrical Wiring Design and Protection Grounding)

Proper labeling for in-house chemicals is easy to overlook, as indicated by its top spot in the 2020 list, but it’s a crucial step that helps ensure the safety of all employees. A common example of this Hazard Communication violation is storing cleaning solutions in random, unlabeled spray bottles rather than in their original packaging. Any chemical removed from its original packaging must be stored in a container that is clearly labeled to indicate what product it holds, whether it’s a spray bottle, jar, sealed container, vat or drum.

Please note that these labels never replace the SDS (Safety Data Sheets) that must be provided on site in the event of an emergency. Make sure that any chemical containers are not only properly marked, but also have the proper SDS information on file.

In addition, employers who use hazardous chemicals are responsible for maintaining SDS on all chemicals used in their day-to-day operations. TOSHA also requires a written Hazard Communication (HazCom) plan, which must include:

• A list of hazardous chemicals known to be present in the workplace that includes a product identifier (common name or number) for each chemical that is referenced on the appropriate SDS
• How employee information and training requirements will be met
• How hazards relating to non-routine tasks will be addressed
• How employers will alert their employees to chemical hazards in unlabeled pipes or containers
• How HazCom will be handled in a multi-employer workplace situation (i.e., multi-employer worksites)

Employers must also make sure that this plan is easily accessible to all employees, along with OSHA or TOSHA. To comply with this requirement, employees must be trained on the location and contents of the plan. It is also crucial that employers include an SDS access process within this plan, including how to access the electronic SDS file system or other off-site retrieval (if applicable). Having a written HazCom plan that adequately describes the SDS access policy greatly reduces an employer’s chances of receiving a citation for failing to produce an SDS if/when it is requested.

Tennessee has adopted the federal provisions for public sector workplaces, with a few additional state requirements. These include:

• Employers must provide a written HazCom plan within 96 hours of a request from TOSHA
• Employers must prepare a list of each hazardous chemical in excess of 55 gallons or 500 pounds that is normally used or stored in the workplace
• New or newly assigned employees must be made aware of the list before working in an area containing hazardous chemicals
•  Employers must provide the fire chief having jurisdiction over the workplace with the following in writing
  • The names and telephone numbers of knowledgeable representatives who can be contacted for further information or in an emergency
  • A copy of the written chemical list
  • Notification of any significant changes to the list
• Employers whose workplace occupies an entire building or structure must place one sign on the outside of any building that contains one of the following types of hazardous chemicals:
  • Class A or B explosives
  • Poison gas
  • Water-reactive flammable solid
  • Any other hazardous chemical in excess of the quantities listed in Rule 0800-01-09.10(1)(a)-(c)

Public Entity Partners has provided our members with a resource that gives you a template for a HazCom plan. EHS Hero will allow you to download the templates for all HazCom plan materials that you can customize for your location and train your employees on how to use the plan. Click here for more information about EHS Hero, which is free for PE Partners members.

Please contact Heather Hughes at hhughes@pepartners.org to find out more about how you can sign up for EHS Hero.