Regulatory bingo

There's an old saying in the safety mandates field: if you comply with one agency, you probably are not complying with the other two. This is called The Three Agency Bingo Game. OSHA, EPA and DOT all have very specific rules, and these agencies' requirements can overlap as well. These duplications can take the form of written programs and employee training mandates.

With both OSHA's hazard communication and DOT's HM-232 Ship and Cause to Ship trainings, there are many similar responsibilities, as well as marked differences. The trick to attaining and maintaining compliance is to find and stay abreast of the changing rules.

Sadly, when new rules are implemented or existing rules are changed, there is often little or no advance public outreach. Companies are responsible for determining which rules apply to them. And, unless you are enrolled with an update subscription service, e-newsletter or LISTSERV, it's a good bet you are behind the curve.

Here in Nevada we had the luxury of press and industry discussions concerning AB 148, the mandatory construction safety training for workers and supervisors. But how many of you knew that in 1992 that there was an EPA mandate for industries that renovate, remodel or paint pre-1978 target housing and facilities, which may contain lead-based paints? This rule became enforceable as of April 22, 2010. Over the last few weeks, my office has received no less than 50 calls from companies and individuals that were unaware of the EPA lead rules. The common question was, "Why wasn't I notified?" Unfortunately, the government's answer is, "It's your responsibility to stay current." Interestingly, not one caller was aware that an OSHA standard also requires employee training for workers exposed to lead. And this rule went on the books in 1972.

There are tactics you can use to play and win The Three Agency Bingo Game.

First, classify your industry i.e. construction, manufacturing, distribution, service and find which set of OSHA rules you need to follow (29 CRR 1910 if you are in general industry or 29 CFR 1926 if you're involved in construction).

Next, look at what tasks your employees work on, such as excavating, warehousing, manufacturing or providing a service.

After this, conduct a hazard analysis for the jobs involved and consider whether people work at an elevation, operate forklifts, handle chemicals or even work in an office setting.

Here's a snapshot into determining what the first agency, OSHA, will require. As an example, let's examine a widget-manufacturing facility. Since materials and products need to be moved in and around the facility, forklift training would be required. As production machinery is involved, task-specific training would also be needed. Facilities and equipment maintenance are exposed to various forms of hazardous energy, so a solid lockout-tagout program would be needed. Part of the manufacturing process requires the use of chemicals, so hazard communication comes into play.

Let's explore the DOT mandates for this same facility. Since you are using chemicals (also known as hazardous or dangerous goods), you would need to look into 49 CFR. This is necessary since you are ordering or, as DOT refers to it, "causing to ship" hazardous materials. Your facility's maintenance staff would need chemicals, welding gases, paints, thinners and so on, which are considered hazardous materials. In this case, DOT's HM-232, mandates training and written program requirements with specific documentation and refresher trainings that must be accomplished. That's a quick look at agency two.

Now, let's bring the EPA into the mix. Since you do have chemicals on site, you need to look at the regulations specific to storage and reporting, and these are found in 40 CFR. Upon closer examination, you see that you need to report your inventory every year to the state, county and local fire department, and permit your facility. And, because you are a manufacturing facility, you must complete an annual report to federal EPA. This is known as TRI, or toxic release inventory.

By now, many of you are shaking your heads wondering how you can research all these regulations and comply with the ever-changing rules. Try looking at compliance as if you were building a car and I don't mean running to the local scrap yard and buying parts. Start from scratch, from digging up the dirt and smelting the metal to pound into fenders. While this is difficult to do, it is actually the best way to proceed with government mandates. The amount of detail you put into constructing this vehicle is driven by the type of automobile you are building and what you plan to do with it once it is made (commuter car versus a four-wheel-drive versus a semi).

It costs more up front to build your program right, but you will realize savings at the back end with longevity and lower maintenance costs. Simply put, the devil is in the details. If you do it correctly and take the time to examine the rules that apply within the three agencies, you are a sure bet to win at The Three Agency Bingo Game.

Scott Alquist, the manager of TMCC's Safety Center, conducts public and private business training in safety and regulatory compliance. Contact him at salquist@tmcc.edu or 857-4958.