REGULATIONS AND THE STRIPPING/REFINISHING INDUSTRY

Ever heard "Hi, I’m from the government and I’m here to help!" How many laughed or believed that when they heard it? Well, rest assured, we at Besway are not from the government but we are here to help you with governmental regulatory compliance.

While we cannot cover every regulation that may pertain to your business (especially since so many are determined by local codes) we do want to point out several regulations that pertain to your use of hazardous chemicals. Many small businesspeople understandably claim that they don’t know where to start when it comes to knowing and complying with government regulations. The information here will at least get you started.

ATTENTION: Due to the hazards of working with lead paint, it is suggested that anyone who may come in contact with lead paint be trained to safely work with it. The NPCA is offering free training classes to anyone who may be exposed to lead paint. The Lead Safe Training web site contains information and schedules pertaining to these classes.

For the complete scoop on OSHA and their regulations check out their web site at www.osha.gov.

Also call Besway at 1-800-251-4166 for our OSHA Compliance Guide. This guide specifically addresses the needs of the stripping and refinishing shop and provides full details for the topics addressed at this website.

About OSHA

The Occupational Safety and Health Administration (OSHA) was established under the US Department of Labor to ensure the safety of the worker at his or her workplace. OSHA is responsible for establishing and enforcing federal regulations for safety compliance.

OSHA has approved many states that administer their own safety plans. These state plans must adopt all of the federal OSHA standards at a minimum and, in many cases, these states enact even stricter standards. If you live in one of these states, your business is regulated by that particular state agency.

Find out more in the Besway OSHA Compliance Guide – Includes list of state approved plans and contacts in each state for federal OSHA offices or state approved plans.

Who is Covered?

The rule of thumb is that businesses and corporations with one or more employees must comply with OSHA regulations. Sole proprietorships or partnerships with no employees other than the business owners are not subject to these regulations.

Find out more in the Besway OSHA Compliance Guide –Iincludes definitions and examples.

Penalties

So, how will OSHA get around to your business? There are normally three reasons which may cause your business to be inspected by OSHA.

• One reason may be by random selection. This is highly unlikely for most small businesses but not impossible.

• A second reason may be for an unusually high rate of accidents at your shop. If you run a safe operation you shouldn’t have to worry about this.

• A third reason may be a particular industry selected for inspection by OSHA. OSHA usually only does this with high profile industries with tens of thousands of employees and that have high rates of injuries across the board. Unless selected by a state or local office it is unlikely the stripping and refinishing industry would be selected for inspection in this manner.

• The fourth, and most likely reason for an OSHA inspection, is when OSHA has received a complaint directly against your business

Even with good safety and compliance programs, OSHA will likely cite you for something. Penalties may be established and reduced based on:

• Seriousness of the violation.
• Size of business.
• Good faith efforts made by your business.
• History of previous violations.

Keep in mind that this penalty system is based on OSHA at the federal level. If you are regulated by a state approved plan, your state penalties and system may be stricter.

The following are violation classifications:

• Other-than-Serious
• Serious
• Failure-to-Correct
• Willful or Repeat
• False statements/documentation
• Willful-Leads to Death

Find out more in the Besway OSHA Compliance Guide – Includes potential fines and imprisonment for each violation class and potential amounts for penalty reductions. Also includes tips for how to respond when the inspector shows up at your door –unannounced!

Illness & Injury Reporting

OSHA does not require small businesses (less than 10 employees) to keep injury and illness records although some state plans do not exempt small businesses from this requirement.

Even small businesses are required by OSHA to keep injury and illness records if:

• A fatality or multiple hospitalizations resulted.
• A business has been selected by the Bureau of Labor Statistics to participate in a statistical survey of workplace injuries and illnesses.

Find out more in the Besway OSHA Compliance Guide –Includes which forms to use and definitions of recordable injuries/illnesses and of reportable injuries/illnesses.

Methylene Chloride

Probably the most important OSHA regulation to effect your business. Click here to go to our methylene chloride webpage for much more information. A chemical so important it has its own set of regulations!

Find out more in the Besway OSHA Compliance Guide – Includes OSHA-recommended methylene chloride medical surveillance and physical exam forms, methylene chloride hazard training information, monitoring schedules ,tips for compliance, and more.

Hazard Communication

All businesses with at least one employee who use at least one chemical are subject to this regulation. And this may include use of toner for the copier or table cleaners if these items are used on a regular basis!

The Hazard Communication Standard has five basic requirements for employers:

• Hazard Determination

• Material Safety Data Sheets

• Labels

• Information & Training

• Written Program

Find out more in the Besway OSHA Compliance Guide – Includes the details of the five basic requirements that you cannot afford to miss. Also includes a sample plan outline.

Personal Protective Equipment

This standard has several requirements. Among them, employers must:

• Conduct a hazard assessment.
• Produce and keep a written Certification of Assessment.
• Conduct hazard reassessments.
• Select and provide the employee the necessary personal protective equipment (PPE) for face, ears, eyes, hand, feet, and body.
• Ensure PPE is adequate and fits properly.
• Train each employee on PPE use and document training conducted.

Find out more in the Besway OSHA Compliance Guide – Includes how to conduct and document your assessment and recommends PPE specifically for the stripping and refinishing industry.

Respiratory Protection

It’s not as easy as just going out and purchasing a respirator. And if even if your employees voluntarily wear respirators when they are not required, you must have a comprehensive Respiratory Protection Program. This program must include:

• A written program
• Formally designate a Respiratory Program Administrator who is knowledgeable about the requirements of the regulations
• Company specific procedures for selecting the proper type of respirator
• Medical evaluations
• Fit-testing employees
• Procedures for proper use, maintenance, and storage of respirators
• Training employees on how to properly use respirators and the hazards of using respirators
• And more!

Find out more in the Besway OSHA Compliance Guide – Includes Respiratory Program outline, OSHA recommended medical evaluation forms, which respirators to use for certain stripping/refinishing chemicals, and much more!

Confined Spaces & Lockout/Tagout

These two regulations often go together. If you have dip tanks, storage tanks, woodworking equipment, or any other type of equipment or piping, one or both of these regulatory standards will apply to you.

• If you need to clean your dip tank you may need to conduct and document certain tests.
• If you need to repair woodworking equipment you will need to follow certain procedures to ensure no one can accidentally turn the power on.
• If you are working on piping there are procedures to follow to ensure another employee does not turn a valve and accidentally expose you to hazardous chemicals.

Find out more in the Besway OSHA Compliance Guide – Includes equipment in your shop covered by these regulations and outlines proper procedures for safely performing maintenance and repair work.

More OSHA!

As if the regulations mentioned above were not enough, there are still more to consider. These may include:

• Machine guarding requirements for your woodworking tools.
• Emergency eye-wash/safety shower equipment.
• Fire protection plans
• Means of egress
• Emergency action plans
• Required posters to be displayed
• Ergonomic regulations that are currently being developed
• Spray booth requirements
• And still more!!

Find out more in the Besway OSHA Compliance Guide – Includes which parts of these regulations could apply to your shop and tips for compliance.

What About EPA and DOT?

OSHA is not the only one you have to worry about! If you receive hazardous chemicals from delivery trucks or transport hazardous chemicals then there are certain Department of Transportation (DOT) regulations and training requirements you need to know.

Environmental Protection Agency (EPA) regulations will effect you if you water rinse furniture, if you generate hazardous wastes from using stripping and refinishing supplies, and if you have direct exhaust of chemical vapors to the atmosphere. Many of these issues are handled at the local level and state level.

Even if you do not transport hazardous materials, Department of Transportation (DOT) regulations will apply to you if you receive hazardous materials.

You need to know these regulations as well and to be familiar with the penalty structure for these agencies.

Find out more in the Besway OSHA Compliance Guide – Includes which parts of these regulations could apply to your shop and tips for compliance.

Besway Compliance Guide

If you have made it this far you are no doubt at least a little bit overwhelmed and slightly intimidated by the sheer amount of regulations. Believe it or not, it doesn’t have to be as bad as it seems! But you do need to know the regulations, have a plan, execute your plan, and document, document, document what you do. And Besway IS here to help! Our Compliance Guide can be one of your greatest assets. It includes:

• Certain forms to help you comply
• Details on the regulations mentioned above and how they specifically effect stripping/refinishing businesses
• Tips for handling an OSHA inspection (there is a right way and a wrong way!)
• Recommends safety equipment and supplies
• How to develop a safety program
• Regulatory contacts in your state

This Guide is an invaluable tool in helping you develop your own safety and compliance program. Remember you are not alone. Call us at Besway for any assistance.

We also realize that in many cases your time is better spent doing what you do best – stripping, repairing, and refinishing furniture! Besway also offers consulting services. With the right information from you we can develop a safety program specifically for your business and conduct training as well. We know stripping and refinishing. And we know the regulations. Why spend the money with Besway? This is a valuable service; much like insurance – you have to have it. The difference with our programs is that unlike insurance, you get something up front for your money. Before you need it.