The newsletter of Minnesota OSHA • Fall 2007 • Number 57

Safety Lines
MNOSHA responds to I-35W bridge-collapse site
By James Krueger, MNOSHA Metro Safety Director

The I-35W bridge in Minneapolis collapsed

during rush-hour Aug. 1, killing 13 people.
The eight-lane, 1,907-foot span was a vital
link over the Mississippi River and one of
the most heavily used bridges in Minnesota,
with roughly 140,000 vehicles – including
5,700 commercial vehicles – passing over it
each day.

On Aug. 2, officials from the Minnesota

Department of Labor and Industry's
Occupational Safety and Health Division
(MNOSHA) and Workplace Safety
Consultation (WSC), in conjunction
with the U.S. Department of Labor's
Above: Minnesota OSHA Compliance, Workplace Safety Consultation and other Occupational Safety and Health
Minnesota Department of Labor and Industry representatives plan the agency's safety Administration (OSHA), responded to
and health response for the I-35W bridge-collapse site in early August. the disaster to provide assistance during
the recovery stage. As work progressed
Below: Safety and health officials take a look at the collapsed bridge, Aug. 2.
from the recovery stage to removal, the
Minnesota Department of Transportation
(Mn/DOT) maintained primary
responsibility for the project.

During the removal phase, Mn/DOT’s

goals were to restore river navigation
and prepare for the construction of the
new bridge. Because of factors such as
weather, barge traffic and federal funding,
the work had to be completed in a timely,
but judicious, fashion without further
loss of life or serious injury. Mn/DOT
contracted with Carl Bolander & Sons
Co., St. Paul, Minn., for the demolition
and removal of the collapsed bridge. To
assure worker safety, MNOSHA partnered
with WSC, Mn/DOT and Bolander.

The primary purpose of this partnership

was not only to prevent further fatalities,
MNOSHA/I-35W bridge, continues ...

443 Lafayette Road N. • St. Paul, MN 55155 • (651) 284-5050 • 1-800-342-5354 • www.doli.state.mn.us/mnosha.html
MNOSHA/I-35W bridge, continued ...
Above: Minnesota OSHA staff members review safety and health plans
while in the group's on-site trailer at the I-35W bridge-collapse scene.
Below: Members of the swiftly formed safety and health partnership
of Minnesota OSHA Compliance, MNOSHA Workplace Safety
Consultation, the Minnesota Department of Transportation and Carl
Bolander & Sons Co. review aerial photos of the bridge-collapse scene.
From the start of the removal process, the primary contractors logged more than 25,000 hours without a lost-
time injury. The removal project was completed in mid-October.
Safety Lines, Fall 2007 page 2
but to have zero worker injuries and illnesses
for the duration of the I-35W bridge removal
project. The partners worked together to
create a site safety plan to anticipate potential
hazards and strategically manage operations
on the site. The primary hazards were related
to the type of work being performed, the
stability of the structure and environmental
conditions – including the weather and
location of the site. The work plan identified
roles and responsibilities, specified necessary
training, established hazard identification
methods and defined how program review
would be conducted. Updates to the plan were
communicated to all parties, with Mn/DOT’s
safety staff taking the lead role.
"After this tragedy and loss of life, one goal was
to make sure no one else got hurt during the
recovery and removal," said DLI Commissioner
Steve Sviggum.
Each partner agreed to have at least one
representative attend daily project safety
meetings. Safety issues, such as new hazards,
any trends in behavior, corrective actions taken
and any incidents that had been noted within
the past 24 hours, were discussed during the
meetings. To assist with this process:
• an on-site safety project plan was
completed prior to the start of work each
day with sufficient detail to notify
and protect employees prior to their job
assignments; and
• a safety assessment sheet was used to
identify potential hazards and track trends.
All workers attended mandatory employee
orientation training prior to their initial job
assignments. This was to provide them with
an understanding of the complexity of the site
and acquaint them with the site safety program,
including the site plan, additional necessary
training and personal protective equipment
(PPE) requirements.
www.doli.state.mn.us/mnosha.html
 Steve Sviggum named new DLI commissioner
Steve Sviggum was appointed commissioner of the
Minnesota Department of Labor and Industry (DLI) by
Governor Tim Pawlenty on July 17, 2007.

In this role, Sviggum – a fifteen-term Minnesota House of

Representatives member and former Speaker – leads
Minnesota's effort to protect the health and safety of
workers and employers in all parts of the state. In addition,
Sviggum continues his public service commitment to
enhance job opportunities and make Minnesota a better
place to live, work and raise a family.

“Minnesota’s workers and businesses rely on the

Department of Labor and Industry as a trusted resource and
regulator,” Governor Pawlenty said. “Steve is known for
his ability to work with and listen to people on all sides of
an issue. His philosophy has always revolved around
balance and I know he’ll bring that to DLI.”
DLI Commissioner Steve Sviggum
The Minnesota Department of Labor and Industry performs
a variety of functions: overseeing the workers’ compensation system for the state; preventing
workplace accidents and illness through OSHA consultation and compliance efforts; certifying and
monitoring the state registered apprenticeship program; monitoring compliance with labor laws; and
regulating the state’s construction codes and licensing activities. The department employs
approximately 500 workers throughout the state. Sviggum's goal for the agency is simple: That every
worker goes home at the end of the day the same way he or she began the workday.

Sviggum was first elected to the Minnesota House of Representatives in 1978. He served four terms as
Speaker of the House and three terms as House Minority Leader. In 1985-86, he chaired the
Unemployment Insurance and Workers’ Compensation Division of the House Labor-Management
Relations Committee. Sviggum has been honored by many business organizations, farm organizations,
advocacy groups for the mentally disabled and taxpayer watchdog groups.

Sviggum has served as a Sunday school superintendent and teacher, and as a board member for River
View Manor – a developmentally disabled group home, the Goodhue County Historical Society, the
Kenyon Sunset Home – a long-term-care facility, and the Northern Chapter of the American Red
Cross.

Sviggum and his family are beef and grain farmers in the Kenyon area and he is also a senior fellow in
the Center for the Study of Politics and Governance at the Humphrey Institute of Public Affairs. He
and his wife, Debra, have three children.

“I’m looking forward to this next challenge in my public service career,” Sviggum said. “Enhancing
jobs and furthering the health, safety and protection of Minnesota’s workers and employers is an
important task and I’ll tackle it with energy and fairness.”

Safety Lines, Fall 2007 page 3 www.doli.state.mn.us/mnosha.html

Workplace fatality trends nationally, statewide
By Jeff Isakson, Minnesota OSHA Administrative Director

Nationally

The Census of Fatal Occupational Injuries (CFOI), conducted by the Bureau of Labor Standards, U.S.
Department of Labor, shows 5,703 people died from on-the-job injuries in 2006, down slightly from
5,734 in 2005.

• Fatal highway incidents remained the number one cause of on-the-job deaths, claiming 1,329 lives
and accounting for nearly one out of four fatal work injuries.

• Fatal work injuries involving falls ranked second, claiming 809 lives. The total represents an
increase of 5 percent in 2006, after a sharp decrease in 2005. It is the third-highest total for fatal
falls since 1992, when the fatality census began. Fatal falls from roofs increased 15 percent, from
160 fatalities in 2005, to 184 in 2006.

• Being struck by an object was the third highest cause of fatal on-the-job injury, with 583 deaths in
2006, a 4 percent decline from the 2005 total.

• Workplace homicides decreased 9 percent in 2006, to 516, the lowest annual total ever reported in
the fatality census. Overall, workplace homicides have decreased more than 50 percent from the
series high in 1994.

Minnesota

Causes of fatalities
On average, 80 workplace fatalities occur each year in Minnesota. Approximately 25 are within
Minnesota OSHA's jurisdiction. Fatalities due to highway incidents and other transportation-related
causes are not investigated by MNOSHA. From 2000 through 2006, Minnesota OSHA investigated
179 workplace fatalities; 145 – or 81 percent – were in the categories: crushed by, fall, struck by and
electrocution. In Minnesota, the annual average number of investigations for each fatality category is:
crushed by, nine; fall, seven; struck by, three; and electrocution, two.

Workplace fatality trends, continues ...

Safety Lines, Fall 2007 page 4 www.doli.state.mn.us/mnosha.html

Workplace fatality trends, continued ...

From 2000 through 2006, MNOSHA investigated an average of 11 construction fatalities a year.

From 2000 through 2006, MNOSHA investigated an average of 15 general-industry fatalities a year.

Workplace fatality trends, continues ...

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

Workplace fatality trends, continued ...
Penalties
When serious violations contribute to a worker's death, a contributing "fatal factor" is imposed on the
penalty. The minimum penalty amount for all items connected to the death of an employee is $25,000.
The $25,000 penalty is assessed to each contributing "fatal factor" violation.

In the event that a willful or repeat violation causes or contributes to the cause of death, the employer
will be assessed a minimum total fine of $50,000 for each violation connected to the death of the
employee. In Minnesota, when the contributing factor is willful or repeat, the employer can be
prosecuted for criminal violations, including criminal fines of as much as $100,000 and imprisonment.
Citations

Most commonly cited standards, statutes, rules or violations that caused

or contributed to the death of an employee, 2000 through 2006
Standard Description Number of times cited
1926.501 fall protection 19
1910.147 lockout/tagout 18
1926.451 scaffold requirements 12
1926.550 cranes, derricks, hoists, elevators and conveyors 8
182.653 general duty clause 7
1910.272 grain handling facilities 6
1910.212 machine guarding 5
1910.268 telecommunications 5
1926.503 fall hazard training 5
1926.651 excavation requirements (trenches) 5

Construction
Construction Breakfast
Breakfast season
season kicks
kicks off,
off, four
four sessions
sessions remain
remain
The remaining MNOSHA 2007/2008
Construction Breakfast seminars in St.
Paul, Minn., are:

• Tues., Nov. 20, 2007

Health standards in construction;

• Tues., Jan. 15, 2008

Swing-stage scafffolds

• Tues., March 18, 2008

Fall protection; and

• Tues., May 20, 2008

Panel discussion, subject(s) to be
determined.

Employees from Saint Paul College Carpentry Program and Complete information is online at
others in the construction industry attend Minnesota OSHA's www.doli.state.mn.us/brkfst.html.
Construction Breakfast seminar, "Hazard Recognition," Sept. 24.

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

New law in Minnesota: Safe Patient Handling Act
By Shelly Techar, Management Analyst, and Dave Ferkul, MNSTAR Coordinator

Legislation signed by Governor Tim Pawlenty on May 25,

2007, requires all licensed health care facilities in Minnesota
to implement a safe patient handling program. The program
requires adoption of a written safe patient handling policy
and establishment of a safe patient handling committee by
July 1, 2008. The policy must establish a plan to minimize
manual lifting of patients by Jan. 1, 2011, through the use of
safe patient handling equipment.

The safe patient handling policy must address:

1) assessment of hazards with regard to patient handling;
2) the acquisition of an adequate supply of appropriate
safe patient handling equipment;
3) initial and ongoing training of nurses and other direct
patient care workers about the use of this equipment;
4) procedures to ensure physical plant modifications and
major construction projects are consistent with
program goals; and
5) periodic evaluations of the safe patient handling
program. A patient is transported to another room
via a ceiling-mounted lift system.
The safe patient handling committee must meet the following requirements:
1) at least half of the members must be nonmanagerial nurses and other direct patient care workers; and
2) in a health care facility where nurses and other direct patient care workers are covered by a
collective bargaining agreement, the union shall select the committee members proportionate to
its representation of nonmanagerial workers, nurses and other direct patient care workers.

Health care organizations with more than one covered facility may establish a committee at each facility
or one committee for all facilities. If one committee is chosen for multiple facilities, at least half of the
members must be nonmanagerial nurses and other direct patient care workers, and each facility must be
represented on the committee.

Facilities with existing programs that satisfy the requirements for a safe patient handling program are
considered to be in compliance with the requirements, but must continue to satisfy all requirements.

The committee must complete a patient handling hazard-assessment that considers patient handling
tasks, types of nursing units, patient populations and the physical environment of patient care areas. It
must also identify problems, solutions and areas of highest risk for lifting injuries, and recommend a
mechanism to report, track and analyze injury trends. The committee must also make recommendations
about the purchase, use and maintenance of an adequate supply of appropriate equipment. It must make
recommendations for training nurses and other direct patient care workers about use of safe patient
handling equipment when the equipment arrives at the facility and periodically afterward. An annual
evaluation of the implemented plan and progress toward established goals must be conducted. The
committee will recommend procedures to ensure any future remodeling plans of patient care areas
incorporate the appropriate space and equipment.
Safe patient handling, continues ...

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

Safe patient handling, continued ...
The law provides for a safe patient handling grant program of $500,000, to be administered by the
Department of Labor and Industry, to provide assistance to health care facilities with the purchase of
safe patient handling equipment; training about safe patient handling; and training about safe patient
handling equipment. The total grant amount awarded will be for a dollar-for-dollar match up to $40,000.
For health care facilities that provide evidence of financial hardship, the commissioner may waive the
matching requirement and grant such a facility more than $40,000, as defined in the application. A state
grant agreement, with its required assurances, will be executed between the commissioner and the
grantees prior to the purchase of equipment or related training. Facilities where the commissioner
determines financial hardship will have until July 1, 2012, to meet the requirements of the act.

For more information, visit www.doli.state.mn.us/mnosha.html or call (651) 284-5050.

FALL HAZARDS:
More common than you may think
by Diane Amell, Training Officer
Last year, Minnesota OSHA (MNOSHA) investigated eight fatalities and serious injuries involving falls
in the construction industry. During the first six months of 2007, six investigations of such incidents have
already occurred. MNOSHA has been working to reduce these accidents, using both enforcement and
education. In fact, the duty of an employer to provide fall protection to employees working
near sides or edges six feet or higher, 1926.501(b)(1), was the most frequently cited standard
in the construction industry and the twelfth overall in Minnesota during 2006.

The standard requires that “each employee on a walking/working surface (horizontal and
vertical surface) with an unprotected side or edge which is six feet (1.8 m) or more above a
lower level shall be protected from falling by the use of guardrail systems, safety net systems
or personal fall arrest systems.” This includes trusses, joists, wall top edges or plates and
column tops. Other parts of 1926.501(b) address:

• leading edges • hoist areas

• holes • formwork and reinforcing steel
• walkways including ramps and runways • excavations
• dangerous equipment • overhand bricklaying and related work
• roofing work on low-sloped roofs • steep roofs
• precast concrete erection • wall openings

The rest of 1926 Subpart M Fall Protection addresses fall protection systems criteria and
practices, plus training requirements. Of the total subpart M citations issued in 2006, 38 percent involved
residential construction.

Other construction standards establishing separate fall protection requirements include 1926 Subpart L
Scaffolds, Subpart R Steel Erection and Subpart X Stairways and Ladders.

In the past 11 years, eight of the bimonthly MNOSHA Construction Breakfast seminars have featured
presentations about fall protection and fall arrest systems. The March 18, 2008, breakfast will again
address fall protection issues, so mark your calendar. For more information about the Construction
Breakfast program, visit www.doli.state.mn.us/brkfst.html or call (651) 284-5050.

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

 Ritrama invests in safety and improves its bottom line
SAFETY IN ACTION: Ritrama
Editor's note: The following information originated with federal OSHA, www.osha.gov.

After two hours of a Minnesota Department of Labor and

Industry, Occupational Safety and Health Administration
(MNOSHA) inspection in October 1997, the Ritrama
plant in Minneapolis had received 14 citations, nine
of which were major. Ritrama, a multi-national
company with 110 employees at the Minneapolis
plant, manufactures pressure-sensitive films and
labels for the automotive, beverage, health, beauty and
pharmaceutical industries.

The MNOSHA citations recommended that Ritrama

managers develop a leadership/management program;
involve employees in a safety and health program; appoint
a safety director; form a safety committee and develop an
implementation plan for it; and develop a recordkeeping
program for injuries and illnesses, plus a plan for
implementing it.

Managers at the plant agreed they had been focusing on

day-to-day operations, content with the status quo and devoting
inadequate time to evaluate their current safety and health program even
though the Ritrama philosophy – that nothing
is more important than employee health and safety, and that
a productive employee who is not safety conscious is a
ticking time bomb – was very important.

Read how the company solved its safety and health

problems and how those changes have affected the
company's success, at www.osha.gov/dcsp/success_
stories/alliances/gac/gac_case_study.html.

About Ritrama
With sales, manufacturing and distribution facilities
across the globe, Ritrama is uniquely positioned to serve the needs of international
conglomerates and small independents. Its films are used in products for various consumer
markets including household chemical, pharmaceutical, vehicle marking, OEM, graphics,
health and beauty, as well as the beverage market. Learn more about Ritrama online at
www.ritrama.com.

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

 Minnesota's newest MNSTAR worksite

USG Interiors,
Red Wing, Minn., was
recognized for its achievement
as a MNSTAR worksite
Aug. 29, 2007.

For more information about

MNSTAR visit:
www.doli.state.mn.us/mnstar.html

Workplace Safety Consultation, Twin Cities Roofing

Contractors Association form health and safety alliance
Minnesota OSHA Workplace
Safety Consultation (WSC)
formed an alliance with
the Twin Cities Roofing
Contractors Association
(TCRCA), Aug. 31. WSC
and its allies work together to
reach out to, educate and lead
Minnesota employers and their
employees in improving and
advancing workplace safety
and health.

At left, (standing, l to r): James

Collins, WSC director; Brock Hamre,
TCRCA safety director; Andy Smoka,
WSC; and (sitting, l to r): Tom
Joachim, Minnesota Department
of Labor and Industry assistant
commissioner; Jim Bigham, TCRCA
administrator.

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

 Minnesota's newest MNSHARP worksites

Clockwise from left:

• Pollux Manufacturing Inc., Minneapolis,

recognized Oct. 1;

• Timber Roots, Wadena, Minn., recognized

July 31; and

• Worldwide Dispensers, Lester Prairie,

Minn., recognized Sept. 11.

Minnesota's first MNSHARP Construction worksites

Opus Northwest Construction, L.L.C. at Adolfson & Peterson Construction, at

Medtronic worksite, Mounds View, Minn., Minnesota Correctional Facility – Faribault,
recognized July 19, 2007 Minn., recognized Oct. 9, 2007.
For more information about MNSHARP visit: www.doli.state.mn.us/mnsharp.html

Safety Lines, Fall 2007 page 11 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 As of Oct. 1, 2007, the state's smoking ban took effect. What enforcement action does
MNOSHA plan to conduct?

A The Freedom to Breathe Act, which is an amendment to the Minnesota Clean Indoor Air Act of
1975, falls under the jurisdiction of the Minnesota Department of Health (MDH) and not
MNOSHA. For more information, call the MDH Indoor Air Unit at (651) 201-4601 or
1-800-798-9050 or visit the Freedom to Breathe Web page at www.health.state.mn.us/divs/eh/
indoorair/mciaa/ftb. MDH has set up a separate e-mail address – mciaa@health.state.mn.us –
for specific questions not covered online.

Q I've lost my student completion card for the OSHA 10-hour [or 30-hour] construction
safety course. Where can I get a replacement?

A Contact your trainer. The federal OSHA Training Institute provides trainers with extra cards for
each class they teach, for issuing replacements. If your trainer does not have an extra card,
have your trainer contact their OSHA training office for the replacement. The trainer must
provide the following information: student name, trainer name, training date and type of class
(10- or 30-hour, construction or general industry). Records are kept for five years plus the
present year. If the training took place prior to this, no replacement may be issued.

Q What role does MNOSHA play in the Safe Patient Handling Act?

A See page 7 or visit www.doli.state.mn.us/safe_patient-handling.html for more information.

Q I left my job. How long does the employer have to give me my last check?

A If you were laid off, the employer has 24 hours after you demand your wages to provide them
to you. There is an exception for public employers with governing boards that approve all
expenses. If you voluntarily leave your job, the employer must pay you in full no later than the
first regularly scheduled payday after your last day, not to exceed 20 days from the employee's
last day of employment. In either case, if the employee was entrusted with money or property
on the job, the employer has 10 days to perform an audit before issuing the check. Consult the

Safety Lines, Fall 2007 page 12 www.doli.state.mn.us/mnosha.html

 Department of Labor and Industry's Labor Standards unit by visiting www.doli.state.mn.us/
laborlaw.html, by e-mailing dli.laborstandards@state.mn.us or by calling (651) 284-5005, toll-
free 1-800-342-5354.

Q How many breaks are employees allowed?

A Minnesota's Labor Standards and Wages Act states employers must provide employees with a
break to use the restroom at least once every four consecutive hours. Sufficient time to eat a
meal must be provided to all employees who work eight or more hours. Employers must pay
employees for all breaks that are fewer than 20 minutes long. Contact DLI Labor Standards
(see above) for more information.

Federal OSHA requires employers to allow employees prompt access to sanitary facilities. Any
restrictions about access to toilet facilities must be reasonable and not cause extended delays.
Otherwise, OSHA does not regulate the number or length of work breaks.

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.

Injury and illness survey gearing up for new year

By Brian Zaidman, Policy Development, Research and Statistics

As 2007 draws to a close, the Minnesota
Department of Labor and Industry (DLI) will start
work on the next round of the Bureau of Labor
Statistics annual Survey of Occupational Injuries and
Illnesses (SOII). The SOII is a mandatory survey;
employers that receive a
notification of participation are
required by federal law to
respond. Each year,
approximately 5,000 Minnesota
employers participate in the SOII.
Employers that are participating
in the survey of 2007 injuries and
illnesses will receive their survey
response packets during the first
few weeks of January 2008. Employers will have the
option of responding on paper, through the Internet
or via e-mail. Employers’ timely response to the
survey is greatly appreciated and helps keep the
survey costs low.
Employers that have been selected to participate in
the survey of 2008 injuries and illnesses will receive
notification of their participation in the second half of
December 2007. Employers receiving these
notification packets need to keep OSHA log data
during 2008 to send the completed survey forms to
DLI (paper response) or to the Bureau of Labor
Statistics (electronic response). The survey
response packets will be mailed
in January 2009.
It is very important for each
company to review the OSHA
recordkeeping requirements to
make sure injuries and illnesses
are correctly recorded. Staff
members who are responsible for
keeping the OSHA log should
have recordkeeping training. The
OSHA recordkeeping requirements are online at
www.doli.state.mn.us/recordkeeping.html. Links to
the Recordkeeping 101 series that appeared in
Safety Lines are also available on that Web page.
Employers with questions about the SOII may call
the DLI Policy Development, Research and Statistics
unit at (651) 284-5428.

Safety Lines, Fall 2007 page 13 www.doli.state.mn.us/mnosha.html

 NIOSH changes phone, fax information services
To consolidate services and expand coverage, the Centers for Disease Control and
Prevention (CDC) has merged the National Institute for Occupational Safety and
Health (NIOSH) toll-free information service with its own. The new number
to call is 1-800-CDC-INFO (1-800-232-4636). Call center representatives are
available 24 hours a day, seven days a week and can answer inquiries in English
or Spanish. The service is also available by e-mail at cdcinfo@cdc.gov.

Information is still available on the NIOSH Web site at www.cdc.gov/niosh. Publications can
be ordered through the Web site or by e-mail at niosh-publications@cdc.gov.

On a related note, the CDC/NIOSH Fax Information Service has been discontinued.

Construction safety and health during cold weather

By Diane Amell, MNOSHA Training Officer

Construction is a year-round activity, even here
in frigid Minnesota. Winter brings the risk of
hypothermia and frostbite to employees working
outdoors. Because of this, Minnesota OSHA has
established standards to protect workers in cold
weather.
The Jobsite Shelter standard, Minnesota Rules
§5207.0810, requires employees to be provided
with a "suitable place" to eat and change their
clothes. A shelter can be a trailer, shed or vehicle,
or a designated area within the structure under
construction or renovation. This standard applies
to any jobsite that will be in place for more than
30 workdays between Nov. 1 and March 15.
The rule sets requirements for size, temperature,
clothing storage and lighting. Employers can also
meet the standards by providing transportation to
a suitable location nearby.
Heated privies must also be provided on
construction jobsites under Minnesota Rules
§5207.0800. This can be accomplished by either
placing the unit inside a heated building or by
using a 1,300 watt heater or its equivalent.
Of course, all this heat must come from
somewhere, and that often requires the use of
space heaters. Carbon monoxide (CO) monitoring
is necessary whenever unvented gas or kerosene
heaters are used indoors, to assure CO levels
stay below the permissible exposure limit (PEL)
of 50 parts per million (ppm) as an eight-hour
time-weighted average. This monitoring is to be
performed during initial operation and at least
quarterly thereafter. CO should also be included
in the employer's Employee Right-To-Know
program.
More information about cold stress and CO
monitoring is available online at:
• Federal OSHA – cold-stress card (English and
Spanish)
www.osha.gov/pls/publications/pubindex.list;
• Alaska Department of Labor, Labor Standards
and Safety – physical agent data sheet (PADS),
cold stress
http://labor.state.ak.us/lss/pads/pads.htm; and
• Minnesota OSHA Fact Sheet – carbon
monoxide monitoring
www.doli.state.mn.us/newco.html.

Note: While there are no requirements for general-industry employees working outside, Minnesota
Rules §5205.0110 Indoor Workroom Ventilation and Temperature establishes a minimum air
temperature of 60 degrees Fahrenheit (F) where work of a strenuous nature is performed and 65
degrees F in all other workrooms unless prohibited by process requirements.

Safety Lines, Fall 2007 page 14 www.doli.state.mn.us/mnosha.html

 Recordkeeping 201: Part 2
Records access, information disclosure
By Brian Zaidman, Policy Development, Research and Statistics
Editor’s note: This is the second installment of an occasional series of more advanced topics about recording occupational injuries and
illnesses using the OSHA Form 300 and maintaining those records. The previous series about recordkeeping, covering basic information about
filling in the OSHA log and creating an annual summary, is available at www.doli.state.mn.us/recordkeeping.html.
The purpose of the OSHA recordkeeping requirement
is to provide a worksite-specific resource of injury and
illness information. This information should be used
by the employer, the employees, the workplace safety
committee and safety professionals to improve
occupational safety and health. Providing employees
and their representatives with access to the log
information provides a check on the accuracy of the
recordkeeping and promotes greater employee
involvement in workplace safety programs. The
OSHA log and its related forms are also used by state
and federal government programs to implement, target
and evaluate workplace safety programs and services.
OSHA recordkeeping information is maintained on
three separate forms: the OSHA 300 Log, the OSHA
301 Incident Report and the OSHA 300-A Summary.
OSHA regulations describe different information
access and disclosure requirements for each form.
Providing access to the log summary is the least-
complicated method of sharing the injury and
illness information. Employers are required to post
the annual log summary (OSHA form 300-A) each
year. This is covered in more detail in
Recordkeeping 101: Part 6 – Summarizing the
injury and illness log, and in the Winter 2007
edition of Safety Lines.
Providing access to the OSHA 300 Log and the
OSHA 301 Incident Report is more complicated
and there are different levels of access depending
on the party who is requesting it. Employees,
former employees, the personal representatives of
current or former employees, and authorized
employee representatives have a mandatory right
of access to the OSHA injury and illness records.
The OSHA regulations, in 29 CFR Part 1904.35
(b)(2), specify access requirements and limitations
Safety
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2007
for these parties, and for the timeliness of the
employer’s provision of the information.
A personal representative of a current or former
employee is a person that the employee or former
employee designates, in writing, as his or her
personal representative, or is the legal representative
of a deceased or legally incapacitated employee or
former employee. An authorized employee
representative is defined as an authorized collective
bargaining agent of one or more employees working
at the employer’s establishment.
When an employee, former employee, personal
representative or authorized employee
representative requests a copy of the current
OSHA log, or any of the logs for the previous five
years, the employer must provide one free copy of
the relevant OSHA log(s) by the end of the next
business day.
Employers need to ensure all privacy cases are
identified as such before providing copies of the log to
any parties, and no information may be removed from
the log before the copy is provided. Employees, former
employees, personal representatives and authorized
employee representatives are not allowed to see the
confidential list of names and case numbers for privacy
cases. More detailed information about privacy cases
is presented in Recordkeeping 201: Part 1 – Privacy
concern cases – when not to write a name.
An employee, former employee or personal
representative may request a copy of the OSHA 301
Incident Report for that employee or former
employee. The employer must provide one free copy
of the report by the end of the next business day.
Recordkeeping 201: Part 2, continues ...
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 Recordkeeping 201: Part 2, continued ...
An authorized employee representative may request
copies of all the OSHA 301 Incident Reports for an
establishment where the agent represents one or
more employees under a collective bargaining
agreement. The employer must provide one free
copy of each of the right-hand portions of the
incident reports within seven calendar days. The
right-hand portion of the form contains the heading
"Information about the case" and elicits description
information about how the injury and incident
occurred, and the materials and tools involved, but
it does not contain the employee’s name. The
employer must remove all other information from
the copy of the incident reports that are given to the
authorized employee representative.
Employers are required to provide an authorized
government representative with copies of any
OSHA Part 1904 records, including the
confidentiality lists, within four business hours.
Certain Minnesota Department of Labor and
Industry (DLI) employees are considered authorized
government representatives. Most of these DLI
employees are in the Minnesota OSHA Compliance
unit, the Workplace Safety Consultation unit and the
Until
further
Next installment: Job transfer, job restriction
notice ...
Xcel high-bridge project reaches safety, health milestone
Safety Lines,
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Fall 2007
2007 page 16
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Policy Development, Research and Statistics unit.
The Policy Development, Research and Statistics
unit collects information from Minnesota employers
for the Bureau of Labor Statistics annual Survey of
Injuries and Illnesses and for the OSHA Log Data
Initiative.
Employers may also decide to provide access to
the OSHA Form 300 and 301 to people other than
those who have a mandatory right of access. To
protect employee confidentiality in these
circumstances, employers must remove or shield
employees’ names and other personally identifying
information from the forms. Employers are
allowed to disclose the full OSHA Form 300 and
301 only in the three following cases:
1. for purposes of evaluating a safety and health
program or evaluating workplace safety and
health conditions by a safety consultant;
2. to process a claim for workers’ compensation
or insurance benefits; or
3. to carry out the public health or law
enforcement functions described in section
164.512 of the federal Standards for Privacy of
Individually Identifiable Health Information.
LG Constructors, at the Xcel High Bridge
Combined Cycle Project, recently celebrated one
million hours without a lost-time accident. The site
received MNSTAR certification in January 2007.
The Xcel Energy High Bridge Combined Cycle
generating plant in St. Paul, Minn., is being
converted from a coal- to a natural-gas-powered
facility. There are currently 220 craft personnel on
site, with an expected peak of 400.
Pictured (l to r): Roy Snovel, LG Constructors
project director; Bill Meyers, Xcel Energy
project manager for the High Bridge Project;
Don Zablinsky, LG Constructors president of
the Power Division; Steve Sviggum, Department
of Labor and Industry commissioner; and Harry
Melander, Saint Paul Building and Construction
Trades Council executive secretary.
www.doli.state.mn.us/mnosha.html
www.doli.state.mn.us/mnosha.html