In Compliance: Ontario, Lockout/tagout, retaining records

Ontario Toxics Reduction Rule – Clarification

Last month, we reported the Ontario Toxics Reduction rule going into effect. To clarify, the rule only applies to facilities included in the North American Industrial Classification System: Class 31, 32 and 33. Those classes include the following general types of facilities:

Class 31: Food Manufacturing; Beverages and Tobacco; Textiles; Apparel

Class 32: Wood Product Manufacturing; Paper Product Manufacturing; Printing and Related Activities; Petroleum Manufacturing; Chemical Manufacturing; Plastics Manufacturing

Class 33: Primary Metal Manufacturing; Fabricated Metal Products; Machinery Manufacturing; Computer and Electronics Manufacturing; Furniture and Retail products: Miscellaneous Manufacturing

This list of facilities is not all inclusive. Check the NAIC code to make sure the program does not apply to your facility. To find a description of the types of businesses in each code, visit the Statistics Canada web page at www.statcan.gc.ca/concepts/industry-industrie-eng.htm.

Requirements for Locks Used in Lockout/Tagout

If your site has any machines or equipment in which the unexpected energization or startup of the machines or equipment could cause injury to workers, or if workers could be injured by a release of stored energy during servicing or maintenance of the equipment, your site is subject to the Occupational Safety and Health Administration (OSHA) lockout/tagout (LOTO) standard at 29 CFR 1910.147. This standard establishes minimum performance requirements for the control of hazardous energy.

For a LOTO program to be effective, a combination of locks, tags, and energy-isolating devices must be used. At a minimum, 29 CFR 1910.147(c)(5) requires that LOTO locks:

Hold an energy isolating device in a safe position and prevent the energizing of a machine or piece of equipment.

Ensure the equipment being controlled cannot be operated until the lock is removed.

Be standardized within the facility.

Be recognized, through training, as LOTO locks and those locks not being used for any other purpose.

Be durable and constructed of materials that will withstand the conditions encountered in the workplace.

Be substantial enough to prevent removal without the use of excessive force or unusual techniques, such as using bolt cutters.

Training concerning the use of LOTO locks must be conducted for personnel who are authorized or affected by the LOTO program.

(Source: Environmental Resource Center Reg of the Day)

Record Retention

Whether it is a retirement, store closing, the departure of a key employee, or one of a multitude of other reasons for change occurring in an organization, it is always important to have plans in place that allow the company to maintain access to documents related to the operation of the business. Complete recordkeeping is the only way to show you did things the way they were supposed to be done, according to the rules and regulations, at that point in time.

For environmental issues, maintain records for a minimum of five years, showing how you disposed of all hazardous wastes generated at the site for a minimum of three years. If you had your fixer or bleach-fix hauled off-site for disposal, keep a copy of the records showing who took it, the disposal location, and the volume. Maintaining these records for more than the minimum is always best. Other records that should be maintained beyond the minimum requirement of years include those related to personnel training programs, test results, waste analyses, and other waste determinations.

On the safety and health side of things, minimum record retention is generally considered to be 30 years. The only exception to this rule is the Occupational Safety and Health Administration (OSHA) accident and injury log. Currently, the OSHA 300 log, (which most photo processors are not required to maintain) needs to be kept for five years.

OSHA has regulations that outline how long records must be maintained. In 29 CFR 1910.1020, “Access to Employee Exposure and Medical Records,” OSHA outlines that records must be maintained for 30 years. There are some specifics involved concerning when that 30-year clock starts ticking. Some tick until 30 years after the employee leaves employment, others tick for 30 years from the date of occurrence. Be sure to educate yourself on the difference and any state or local differences from these federal requirements.

Besides safety and health, here is a list of items that apply to the business records:

One Year

Duplicate Deposit Slips

Shipping and Receiving Sheets

Correspondence with Customers and Vendors

Three Years

Employment Applications and Form I-9 (Employment Eligibility Verification)

Time Cards for Hourly Employees and Personnel Records (after termination)

Expired Insurance Policies

Internal Audit Reports

Physical Inventory Tags

Six Years

Accounts Payable Ledgers and Schedules

Vouchers for Payments to Vendors, Employees, etc.

Purchasing Department Copies of Purchase Orders

Expense Analysis and Expense Distribution Schedules

Auto Mileage Logs, Travel, and Entertainment Records

Charitable contribution acknowledgment of $250 or more

Accounts Receivable Ledgers and Schedules

Sales Records and Invoices to Customers

Notes Receivable Ledgers, Schedules

Inventories of Products, Materials, Supplies

Employment Tax Records

Payroll Records and Summaries, including payment to pensioners

Expired Contracts, Leases

Permanently

Tax Returns and Worksheets (Federal guidelines do not require tax records be kept “forever”; however, there are other reasons you will want to retain these documents permanently.)

Annual Financial Statements and Depreciation Schedules; Audit Reports from CPAs and Accountants

Deeds, Mortgages, Bills of Sale, Property Appraisals by Outside Appraisers

Corporate Documents (incorporation, meeting minutes, charter, bylaws, etc.)

Legal Records, Correspondence, and Other Important Matters

Since we are in the age of scanners and large-storage-capacity hard drives, long-term storage is not really an issue. Regulatory agencies readily accept electronic copies of documents, so take some time to create electronic files of these documents.