The newsletter of Minnesota OSHA • Summer 2007 • Number 56

Safety Lines
Minnesota OSHA hosts national state-plan association

Above: Ed Foulke, assistant secretary for federal

OSHA, addresses attendees at the Occupational
Safety and Health State Plan Association (OSHSPA)
meeting June 12 in Minneapolis.

At right: Department of Labor and Industry Commissioner Scott Brener welcomes the national OSHSPA group to Minnesota prior to Jon
Helberg's (seated in photo) presentation showcasing Minnesota OSHA's newly developed, technically advanced, information management system.

New law in effect:

crane-operator certification, regulation mandatory July 1
A new Minnesota law requiring the certification and regulation of crane
operators took effect July 1. No individual may operate a crane with the
lifting capacity of five tons or more on a construction site unless that
person has a valid crane-operator certificate. The certificate must be
issued by a nationally recognized and accredited certification program.

The new regulation applies to all wire rope-over-sheave mobile cranes

and mobile tower cranes. The standard does not apply to track and
automotive jacks, railway or automobile wrecking cranes, shipboard
cranes, shipboard cargo handling equipment, well drilling derricks, skip
hoists, mine hoists, truck body hoists, car or barge pullers, conveyors or
excavating equipment when not used as a lifting crane.

Visit www.doli.state.mn.us/crane_certification.html for more information.

443 Lafayette Road N. • St. Paul, MN 55155 • (651) 284-5050 • 1-800-342-5354 • www.doli.state.mn.us/mnosha.html
 Hydration, acclimatization help workers beat the heat
Although heat stress may occur year-round in foundries,
kitchens or laundries, its effects may sneak up on those
working in the heat and humidity of a Minnesota summer.

Workers who stay hydrated and are allowed to acclimatize

to increased temperatures, can avoid a variety of heat
disorders – from heat fatigue, rashes and cramps to heat
exhaustion or heat stroke, which can be fatal.

Minnesota OSHA has comprehensive heat-stress

information online at www.doli.state.mn.us/heatstrs.html
that includes a discussion of heat disorders, prevention of
disorders, methods for evaluating heat stress and methods
of control.

Minnesota OSHA standards update: shipyards, electrical installation

By Shelly Techar, MNOSHA Management Analyst

On July 2, 2007, Minnesota OSHA adopted the following amendments.

National consensus standards in OSHA’s standard for fire protection in shipyard employment
On Oct. 17, 2006, federal OSHA published in the Federal Register, a direct final rule for
shipyards that updates 11 of the 19 National Fire Protection Association (NFPA)
standards that were incorporated by reference Sept. 15, 2004. The direct final rule
stated the updates would become effective at the federal level Jan. 16, 2007,
unless significant adverse comment was received. Federal OSHA did not receive
significant adverse comment to the direct final rule. Therefore, a final rule and
confirmation of effective date was published in the Federal Register Jan. 3,
2007.

Electrical standard
On Feb. 14, 2007, federal OSHA published in the Federal Register, a final
rule for its updated electrical installation standard. This revision will provide
the first update of the installation requirements in the general industry electrical
installation standard since 1981. The final rule focuses on safety in the design
and installation of electrical equipment in the workplace. The updated
standard includes a new alternative method for classifying and installing
equipment in Class I hazardous locations; new requirements for ground-
fault circuit interrupters (GFCIs); and new provisions about wiring for
carnivals and similar installations. The effective date for this final rule is
Aug. 13, 2007.

All Federal Register notices and standards are available on the federal OSHA Web site, www.osha.gov.
All State Register publications are at www.comm.media.state.mn.us/bookstore/state_register.asp.

Safety Lines, Summer 2007 page 2 www.doli.state.mn.us/mnosha.html

 Hexavalent chromium in the news
By Alden Hoffman, OSHA Management Team Director, Health
Federal OSHA signed a settlement agreement
April 6, 2007, with the AFL-CIO, Laborers’
International Union and International Brotherhood
of Teamsters. A year earlier, the unions sued
OSHA after the agency
issued a court-ordered
hexavalent chromium
standard that excluded
coverage of workplace
exposures to Portland
cement.
As part of the April
settlement, OSHA will
issue a new document
providing specific
enforcement procedures
for working with
Portland cement. The
document will explain
how existing OSHA standards and requirements
apply to operations involving Portland cement, and
will collect all applicable provisions in a single
inspection checklist. When Portland cement is
present, the inspections will focus on sanitation,
personal protective equipment, hazard
communication (i.e. employee right-to-know),
training, recordkeeping and dust from certain
operations (terrazzo work, mixing mortar or
jobsite mixing of concrete).
The settlement agreement is not binding for state
OSHA programs, such as Minnesota OSHA.
However, Portland cement inspection procedures,
will be published as an appendix to the OSHA
compliance directive about the chromium
standard, to be issued later this year. State OSHA
programs will be required to adopt a compliance
directive at least as effective as the federal
directive when it is issued. In response, Minnesota
OSHA has adopted a directive that follows the
terms of the federal agreement.
Safety Lines, Summer 2007
Federal OSHA signed a second settlement
agreement May 21, 2007, with the National
Association of Manufacturers, et al, and Public
Citizen Health Research Group, et al. These
groups sued OSHA
regarding issues of
engineering controls for
stainless steel welding
in enclosed or confined
spaces, housekeeping
and waste disposal. As
part of this settlement,
OSHA issued a letter of
interpretation regarding
these issues.
In the letter, federal
OSHA wrote that an
employer may be
considered in
compliance with the welding in confined-spaces
provisions if it has done the most that is possible,
even if exposures remain above the permissible
exposure limit (PEL). Secondly, if an employer has
objective data that exposures will remain below
0.5 μg/m3, the housekeeping and waste disposal
provisions do not apply. Lastly, OSHA will
evaluate on a case by case basis whether an
employer correctly determined it was infeasible to
dispose of large, bulky materials in impermeable
containers. See www.osha.gov for the full text of
the letter of interpretation.
Employers that wish assistance with compliance
with the new hexavalent chromium standard,
including air-quality monitoring, may contact
Minnesota OSHA Workplace Safety Consultation at
(651) 284-5060 or osha.consultation@state.mn.us.
page 3 www.doli.state.mn.us/mnosha.html
 Worker safety is a sound investment
SAFETY IN ACTION: E.J. Ajax
By Laura French, reprinted with permission from Star Tribune

E.J. Ajax, located in Fridley, is quite possibly the

safest manufacturing company in the world. In
July [2006], the 50-person metal-stamping shop
celebrated 16 years without a lost-time accident.*
It’s been five years since a worker suffered so
much as a cut or back strain on the job. Can a
substantial investment in worker safety actually
have a positive impact on the bottom line? E.J.
Ajax proves the answer is “yes!”

Safety culture protects both workers and

profits
When you talk to Erick Ajax about the intense
safety culture at E.J. Ajax, the company founded
by his grandfather 61 years ago, his motivation
is clear: “A serious work injury, like an
amputation, has a devastating effect on the
worker and the worker’s family,” Ajax says. It’s Erick Ajax of E.J. Ajax, Fridley, Minn.
“indescribable pain,” he says — and it’s pain
that he shares as a human resources vice president who greets everyone on the shop floor by
first name.

The last time anyone at E.J. Ajax had a serious injury was 16 years ago — that’s aeons by
typical manufacturing standards. Back then, the company embarked on a process of continuous
safety improvements.

Today, E.J. Ajax provides every new hire with safety gear that includes safety glasses —
prescription if necessary; a $200 pair of work boots, ear protection and more. Metal-stamping
equipment has multiple safety guards.

Workers who handle sharp metal pieces wear elbow-length Kevlar gloves. In addition to the
safety and protection those items provide, they’re also a constant reminder of the importance
the company places on safety.

The safety culture is strictly enforced: One violation in a 12-month period gets a verbal
warning. The second is put in writing. The third results in a one-day paid “decision-making
leave,” when the employee is sent home to decide whether he or she can follow safety policies.

If not, termination results. Workers have total authority to shut down any machine or operation
at any time if they question its safety.

Conventional wisdom says that American manufacturing companies can’t compete with
offshore operations based on wages alone. By that logic, the additional investment that E.J.
Ajax makes in its workers’ safety would undermine its ability to compete. In fact, the company
E.J. Ajax continues ...
Safety Lines, Summer 2007 page 4 www.doli.state.mn.us/mnosha.html
 E.J. Ajax continued ...
just received the biggest single order in its history — and 100 percent of that order will be
shipped to Asia.

Low workers’ comp claims are a bonus

Some of the return on investment in safety is tangible: E.J. Ajax has a workers’ compensation
rating that saves it more than a thousand dollars a year per employee in insurance premiums.
The company gives 50 percent of savings back to workers as a “safety bonus.” By contrast,
Erick Ajax says, he’s seen Twin Cities competitors literally driven out of business by high
premiums caused by a history of serious injuries.

Other returns are just as important but harder to measure. The safety culture makes the
company the employer of choice among many prospective workers. Many employees stay with
the company 10, 20 years or more. Rob Duval, the company’s director of employee training
and safety, says spouses come to him at company picnics to say thank you for taking care of
their employees.

Spreading the word on safety

Erick Ajax is working with Minnesota’s Occupational Health and Safety Administration
(OSHA) to spread the word on safety. The company provides monthly tours for other
companies’ management and safety committee members to show the safety culture in action.
“Sharing our successes helps them become safer, and that helps keep manufacturing jobs in
Minnesota,” Ajax says. For more information on the company, go to www.ejajax.com.

For more on Minnesota workplace health and safety, visit the Department of Labor and
Industry Web site at www.doli.state.mn.us.

*As of July 12, 2007, E.J. Ajax will have worked 17 years without a lost-time injury.

Laura French is principal of Words Into Action, Inc., and is a freelance writer from Roseville.
This story was originally published Oct. 16, 2006, by Star Tribune (www.startribune.com).

Employers enhance safety and health; free assistance from Minnesota OSHA

The Minnesota Safety and Health Achievement

Recognition Program (MNSHARP), which began
in 1996, recognizes companies where managers and
employees work together to develop safety and health
programs that go beyond basic compliance with all
applicable OSHA standards, and result in immediate and
long-term prevention of job-related injuries and illnesses.

Incentives for participant companies include assistance

from Minnesota OSHA Workplace Safety Consultation,
public recognition for employers and employees, and
exemption from Minnesota OSHA scheduled compliance inspection lists. There are currently 27
active MNSHARP worksites in Minnesota.

Learn more about MNSHARP at www.doli.state.mn.us/mnsharp.html.

Safety Lines, Summer 2007 page 5 www.doli.state.mn.us/mnosha.html

 Minnesota's newest MNSHARP worksites

Riverwood Healthcare Center, Minnesota Freezer Warehouse,

Aitkin, Minn., recognized June 26, 2007. Austin, Minn., recognized June 7, 2007.

For more information about MNSHARP:

www.doli.state.mn.us/mnsharp.html

Minnesota's newest MNSTAR worksites

Honeywell Aerospace Minneapolis, iLevel by Weyerhaeuser,

recognized May 15, 2007. St. Paul, Minn., recognized May 23, 2007.

For more information about MNSTAR:

www.doli.state.mn.us/mnstar.html

Safety Lines, Summer 2007 page 6 www.doli.state.mn.us/mnosha.html

 osha
answers
frequently asked questions

As part of its continual effort to improve customer service and provide needed information to employers and employees,
Minnesota OSHA (MNOSHA) plans to publish answers to the most frequently asked questions from the previous quarter.

Q Does the employer have to follow the respiratory fit-testing protocol for N95 mask usage?

A An employee required to wear an N95 mask for any reason other than tuberculosis exposure
must be evaluated and fit-tested on an annual basis. However, initial fit-testing is mandatory
whenever respirators are required, regardless of the hazard. It is also required when there is a
change in the wearer’s physical condition that may interfere with the seal. If the use of
respirator is strictly voluntary on the part of the employee, fit-testing is not required.

Q How many “nationally recognized and accredited certification programs” are there for
crane operators?

A Currently, Minnesota OSHA is aware of only two nationally accredited mobile crane
certification programs: the Southern California Crane and Hoisting Certification Program; and
the National Commission for the Certification of Crane Operators (NCCCO).

Q When is a crane operator required to be certified?

A Minnesota Statutes §182.6525, subd. 1, states “An individual may not operate a crane with a
lifting capacity of five tons or more on a construction site unless the individual has a valid
crane operator certificate received from a nationally recognized and accredited certification
program.” This applies to those cranes that fall under ASME 30.5-2004 Mobile and
Locomotive Cranes. Examples of cranes covered by this consensus standard include truck-
mounted telescoping and nontelescoping boom cranes, crawler cranes, locomotive cranes and
wheel-mounted cranes.

Ask MNOSHA
Do you have a question for Minnesota OSHA? To get an answer, call (651) 284-5050 or send
an e-mail message to osha.compliance@state.mn.us. We may feature your question here.

Safety Lines, Summer 2007 page 7 www.doli.state.mn.us/mnosha.html

osha
Minnesota Department of Labor and Industry
Occupational Safety and Health Division
443 Lafayette Road N.
St. Paul, MN 55155
(651) 284-5050
Toll-free: 1-877-470-6742
DEPARTMENT OF LABOR AND INDUSTRY osha.compliance@state.mn.us

Fact sheet
Minnesota OSHA's most frequently cited standards in the
construction industry, 2006 (SIC codes 1521 through 1799)

Standard Description Frequency

1926.501(b)(1) Fall protection – general requirements 101
1926.451(g)(1) Fall protection on scaffolds above 10 feet 86
Minnesota Statutes 182.653, General Duty Clause – unsafe working conditions 85
sub. 2
1926.652(a)(1) Use of sloping or protective systems to prevent 61
excavation cave-ins
Minnesota Statutes 182.653 A Workplace Accident and Injury Reduction 51
subd. 8 (AWAIR) Program
1926.100(a) Head protection 51
1926.501(b)(10) Fall protection for roofing work on low-slope roofs 43
1926.1052(c)(1) Railings on stairways 41
1926.501(b)(14) Fall protection near wall openings 36
1926.501(b)(11) Fall protection on steep roofs 30
1926.451(b)(1) Scaffold platform not fully planked or decked 29
Minnesota Rules 5207.0100 High visibility personal protective equipment 27
Minnesota Rules 5207.1000 High visibility personal protective equipment near 26
subp. 4 mobile earth-moving equipment
1926.451(e)(1) Means of access to different scaffold platforms 24
1926.651(c)(2) Means of egress from a trench excavation more 22
than four feet deep

Links to the standards listed above are available online at www.doli.state.mn.us/oshainfo.html, under
"Citations." There are also similar lists for all industries and for general industry.

Safety Lines, Summer 2007 page 8 www.doli.state.mn.us/mnosha.html

 Minnesota workers' compensation claim statistics-at-a-glance
The Department of Labor and Industry's (DLI)
Research and Statistics unit has produced a new Part of body
workers' compensation teen claims characteristics
handout and updated its annual claims Head and neck 3%
characteristics brochure.
Shoulders 4%
Trunk 3%
The handout provides statistics-at-a-glance (except back)
Arms 7%
Menu
specifically about teen injury, illness and fatality
Wrists 5%
claims for 2003 through 2005, such as the number Hands 8% Back 17%
of claims, nature of injury or disease, occupation of Fingers 15%
injured workers and common injury-characteristics.
Legs 3%
The brochure also provides such information for
overall workers' compensation claims for 2005. Both
publications include resources for further workers' Body systems 1% Knees 7%
compensation statistical information.
Multiple parts 9%
The handout and brochure (current and past Ankles 7%
versions) are available on the DLI Web site at
www.doli.state.mn.us/pubwkcp.html. For more Feet 5%
Toes 1%
information, contact DLI's Research and Statistics
unit at dli.research@state.mn.us or (651) 284-5025.

Top 10 most common disabling accident events in the

construction industry in Minnesota, 2004 through 2006
Event Percent of claims

Overexertion in holding, carrying, turning or wielding objects............................ 11 percent

Overexertion in lifting........................................................................................... 11 percent
Bodily reaction from slips, trips or loss of balance, without falling ...................... 6 percent
Struck against object .............................................................................................. 6 percent
Falls to floor or ground surface .............................................................................. 5 percent
Fall from ladder...................................................................................................... 5 percent
Bodily reaction from bending, climbing, crawling, reaching or twisting .............. 5 percent
Stuck by falling object ........................................................................................... 4 percent
Overexertion in pulling or pushing ........................................................................ 3 percent
Struck by slipping handheld object ........................................................................ 2 percent

Safety Lines, Summer 2007 page 9 www.doli.state.mn.us/mnosha.html

Construction industry sinks teeth into safety
Minnesota OSHA wrapped
up its Construction Breakfast
2006/2007 season May 15.
During the season, MNOSHA
presents five breakfast
seminars, each focused on a
specific construction safety
or health topic. Construction
industry attendees are
encouraged to ask questions or
offer their expertise.

The seminars begin with a

buffet breakfast, followed
by a presentation about the
morning's selected topic.

The recent season attracted

nearly 575 participants from
the construction industry.

The dates for the next season

Minnesota OSHA Administrative Director Jeff Isakson (in white shirt) addresses members
of the construction industry during the Construction Breakfast seminar, May 15, in St. Paul,
Minn. MNOSHA Training Officer Gary Robertson is behind the lectern.
of MNOSHA's Construction
Breakfast seminars have been
set (see below); the topics are currently being determined. More information and online reservation
capability will be available at www.doli.state.mn.us/brkfst.html.

Minnesota OSHA's Workplace Safety Consultation offers similar safety seminars in Brainerd, North
Mankato and Owatonna.

Construction Breakfast seminars: save the dates

Dates for the MNOSHA 2007/2008 Construction Breakfast
seminars in St. Paul, Minn., have been selected:

• Mon., Sept. 24, 2007;

• Tues., Nov. 20, 2007;
• Tues., Jan. 15, 2008;
• Tues., March 18, 2008; and
• Tues., May 20, 2008.

Topics are being determined; complete information will be

posted online at www.doli.state.mn.us/brkfst.html.

Safety Lines, Summer 2007 page 10 www.doli.state.mn.us/mnosha.html

WSC forms safety, health alliance with The Builders Group
Minnesota OSHA Workplace
Safety Consultation (WSC) signed
an official alliance July 6 with The
Builders Group, Eagan, Minn.

Forming an alliance with WSC

enables organizations committed
to workplace safety and health
to collaborate with MNOSHA to
prevent injuries and illnesses in the
workplace.

The Builders Group is a self-

insured workers' compensation
program for the construction
industry of Minnesota.

For more about Workplace Safety

Department of Labor and Industry (DLI) and The Builders Group representatives sign
off on a Workplace Safety Consultation alliance, July 6. Front row (l to r): Dennis Consultation alliances, visit www.
Medo, director of insurance, The Builders Group, and Tom Joachim, DLI assistant doli.state.mn.us/alliances.html.
commissioner, Safety Codes and Services Division. Back row (l to r): Vikki Sanders,
James Collins and Andy Smoka, DLI MNOSHA Workplace Safety Consultation.

Digging projects large or small need to start with simple call

A new federally mandated national "Call Before You Dig" number

– 811 – was created to help protect you from unintentionally hitting
underground utility lines while working on digging projects. People
digging often make risky assumptions about whether they
should get their utility lines marked due to concerns about
project delays, costs and previous calls about other projects.
These assumptions can be life-threatening.

Every digging job requires a call – even small projects

such as planting trees or shrubs. If you hit an underground
utility line while digging, you can harm yourself or those
around you, disrupt service to an entire neighborhood and
potentially be responsible for fines and repair costs.

Whether you are a homeowner or a professional excavator,

one call to 811 gets your underground utility lines marked for free. And call before each project: Time,
erosion and root structure growth may shift the locations of your utility lines.

For more information about this free service, visit www.call811.com.

Safety Lines, Summer 2007 page 11 www.doli.state.mn.us/mnosha.html