Opinion: The importance of safety compliance in avoiding OSHA violations

Waste handling in the United States is something most people don’t spend much time thinking about. Items thrown in the bin or placed on the curb are quickly forgotten about, and nobody thinks twice about what happens to it next.

For waste haulers and processors, however, refuse is their livelihood, and they think about it every day. Refuse handling is a massive undertaking with thousands of busy facilities spread throughout the country dedicated to the transfer and processing of these items. Due to the number of workers engaged in these roles, refuse handling companies must be vigilant in every aspect of their operations to ensure safe working practices. Those companies that are in noncompliance with recognized safety protocols risk on-the-job injury or even death and a subsequent visit from the Occupational Safety and Health Administration (OSHA).

OSHA does not have any specific standards that are unique to the refuse handling industry, but there are still standards that must be complied with. OSHA has at its disposal what is referred to as a general duty clause violation, or 5-A-1, which is a reference to section 5, paragraph (a), sub-paragraph (1) of the Occupational Safety and Health Act of 1970. The general duty clause requires employers “to provide a workplace free of recognized hazards causing or likely to cause serious physical harm to their employees.”

What that means is that although an employer may not directly violate a standard listed in Title 29 of the Code of Federal Regulations (CFR), it could still be found in violation of the general duty clause, which can result in just as severe a penalty. Other general rules for workplace safety can also apply to those in the waste space: This includes the recordkeeping requirements in 29 CFR 1904, Subpart E; the walking-working surfaces requirements in Subpart D; and the personal protective equipment (PPE) requirements in 29 CFR 1910, Subpart I, among others.

All these requirements are available for review at www.osha.gov.

A diligent employer that emphasizes safety by getting employees and managers to buy in to its safety program—and provides the needed resources to implement this program—can help themselves steer clear of OSHA sanctions. But real safety compliance takes work, not just canned once-a-year meetings. Total employee commitment from the top down can keep an employer’s injury and illness rates low and prevent a capital expenditure that may result from an employee injury and a subsequent OSHA fine. Although, no employer is ever as upset over an OSHA fine as they are when one of their employees is seriously injured, it is important to remember that the cost of safety compliance is never as high as the cost of on-the-job injury or death.

Charles Harvey, CSP, CHST, is a safety compliance representative with experience working with government entities to develop safety and health training initiatives.