(What if OSHA Came Knocking at Your Door?)
Frequent Winery OSHA Violations – Are You in Compliance?
By: Michael Harding, Senior Risk Solution Specialist, Markel Specialty
If you’ve been doing this for a while, no one needs to tell you that operating a winery is NOT a simple business. There are many things to pay attention to in order to run your winery efficiently. You have to contend with regulatory approval, deal with all of the aspects of making your wine, obtain the right equipment, staffing, marketing & sales as well as sanitation and waste management – just to mention a few. Oh yea, don’t forget safety and OSHA compliance! Is that also on your list of things to manage?
You might think that safety is just common sense and that your employees will always work safely while on the job. This is not always the case. Each year thousands of employees die from work-related deaths and thousands more are injured on the job, many of which require numerous days away from work. This not only causes pain and stress for the employee and family but also costs employers (such as you) billions of dollars each year.
The Occupational Safety and Health Act (OSHA, commonly called the OSH Act)was enacted in 1970 to “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions to preserve our human resources”. This OSH Act consists of a number of safety and health regulations that employers are required to follow. The OSH Act also allows states to enact their own safety and health laws as long as they are at least as strict (meaning some states regulate more than others) as the federal standards. As a winery, you are required to comply with these standards (either federal or your state’s program). So how do you think you doing?
If you’ve never experienced an OSHA inspection, the National Safety Council has an excellent article, “What to expect when OSHA is inspecting” that can provide you with valuable insight regarding OSHA inspections. This article also highlights a list of programs that require records and proof documents that you may need to be maintaining.
For this article, we’ll highlight frequently cited federal OSHA regulations for wineries (within NAICS Code of 312130) during the past year as well as violations cited in California (with one of the larger state OSHA programs and a large number of wineries). We hope you and your winery find this information useful. We suggest you use this information to develop a checklist that you can use to help improve your safety program, where needed, and perform inspections to help you “see the low hanging grapes” regarding OSHA compliance. Of course, there may be other safety regulations that may also apply to your winery so you’ll want to consider seeking out professional advice regarding any additional standards that may apply.
Should you need help with any of these regulations, you can contact your local state OSHA office; most of them have a free voluntary compliance division that can offer free advice and assistance. They can also provide you with the specifics of each of the regulations governing your state.
Frequent Winery Violations
Below you will find some of the frequently cited OSHA regulations within the winery industry. If you click on the heading of each, it will take you directly to the federal OSHA regulation.
General Duty Clause: OSHA requires that each employer “furnish to each of its employees a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees.”
With this you’re expected to identify and correct any health or safety hazards present in your work environment. This is a “high level” standard and a serious responsibility that you as an employer must address to reduce the chances of one of your employees being injured or harmed. OSHA provides guidance on what elements should be included in an effective occupational safety and health program.
Some states (such as California) even require that employers develop a written “Injury and Illness Prevention Program” (IIPP) which is a basic safety program tailored to your winery operations. As part of an IIPP you are required to identify the hazards within your workplace and how you can eliminate or reduce them.
Hazard Communication: This standard requires that you must provide your employees information about the hazardous substances to which they might be exposed. This needs to be a written program that outlines your winery’s policies and procedures. You must use Safety Data Sheets (SDSs), appropriate labels and other forms of warning, along with training to make sure your employees understand the substances and how to protect themselves.
Permit-Required Confined Spaces: Generally speaking a confined space is a space not intended for continuous occupancy and has limited means for entry or exit. These have the potential to contain a hazardous atmosphere and other potential safety or health hazards. Fermentation tanks, silos and sumps are examples and must be evaluated to determine if they meet the definition of “permit required.” In turn you must prepare the space before entry and test the atmosphere with a calibrated direct-reading testing device. This standard also requires a written program that outlines how your winery will comply with the regulations governing confined space entry.
Respiratory Protection: Wherever needed, this regulation requires a written program that governs how your winery will select and use all respirator types ranging anywhere from disposable dust masks all the way up to a self-contained breathing apparatus (SCBA). With this you must develop written worksite- specific procedures.
Medical Services and First Aid: As an employer, you need to ensure that medical advice and consultation on matters of winery health are readily available. Since most wineries are not in close proximity to a medical facility, you need to have a person or persons adequately trained to provide first aid AND have adequate first aid supplies readily available. If you have any corrosive chemicals that your employees could be exposed to, then you need to have quick drenching or flushing capabilities provided in your work area for immediate emergency use.
Emergency Eyewash and Shower Equipment: The most common citation from this regulation is the lack of or insufficiency of an emergency eye wash. You must have an emergency eye wash whenever the eyes of one of your employees might come in contact with a substance that can cause corrosion, permanent tissue damage or severe irritation to their eyes, such as a fork truck lead battery charging station. Eye wash stations must meet certain criteria as defined in ANSI Z358.1-2014 and either be plumbed or have a self-contained reservoir capable of providing at least a 15 minute hands-free flow of continuous water.
Personal Protective Equipment (PPE): This is OSHA’s standard for governing personal protective equipment. As an employer, you must provide and employees must wear appropriate PPE whenever they could become injured or sick by not wearing it. This standard, linked above, places the responsibility of determining the where, what, when, how along with proper storage and care on each winery.
Flexible Cords & other Assorted Electrical Hazards: This is a common violation among wineries. Flexible extensions cords are frequently cited for misuse and abuse. Generally speaking you cannot use flexible cords to provide electricity to a piece of equipment when you should have installed an electric outlet. Also, you can’t connect one extension cord to another and then to another (also referred to as a “daisy chain”); you cannot extend cords through walls, windows or doors. You should have someone knowledgeable in this standard review your facility to identify any electrical concerns so that they can be quickly remedied.
Moving Parts of Machinery or Equipment: You can be cited for a machine guarding violation when moving parts of your equipment are not properly protecting the operator and other employees. Just think about an area where an employee could get part of their body injured by moving portions of your machinery or equipment. Crushing areas, bottling lines and conveyors are but a few examples that should be evaluated to make sure that they are adequately guarded. Your maintenance shop also should be regularly inspected to make sure that tools such as grinders and saws and the like have proper guards in place. Bottom line – if someone can get any part of their body into a moving part while it’s in operation, it probably should be guarded.
Guardrails and Elevated Work Locations: Your winery can be cited for not installing guardrails on the open sides of work areas that are more than 30 inches above the floor, ground, or surrounding working areas. Examples that might require guarding include platforms or other elevated locations which are accessed for maintenance or storage.
A standard guardrail consists of a top rail, midrail, and posts. You must also install a toe board if falling tools or materials would be a hazard to employees working below. The vertical height of the guardrail must be 42 to 45 inches measured from the upper surface of the top rail. The guardrails must support 20 pounds per linear foot applied either horizontally or vertically downward on the rail.
The intent of this article is to ensure that safety and health regulatory compliance is both “on your radar” and a recurring part of your business focus. By inspecting these and other safety and health matters in and around your winery, you can be in a better position to address the “low hanging grapes” and enhance the overall safety and well-being of your employees.
This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This document can’t be assumed to contain every acceptable safety and compliance procedures or that additional procedures might not be appropriate under the circumstances. Markel does not guarantee that this information is or can be relied on for compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability. This publication is not intended to be legal, underwriting, or any other type of professional advice. Persons requiring advice should consult an independent adviser. Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete. Furthermore, Markel does not assume any liability to any person or organization for loss of damage caused by or resulting from any reliance placed on that content.
*Markel Specialty is a business division of Markel Service, Incorporated, the underwriting manager for the Markel affiliated insurance companies.