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Presented By:Martha Yoder, Director

www.michigan.gov/miosha(517) 322-1817

Occupational Safety & Health Administration

Bart PickelmanDeputy Director

Dawn JackAppeals

Nella Davis-RayCET

Ron RayTechnical Services

Patty MeyerConstruction S&H

Adrian Rocskay General Industry S&H

Martha YoderDirector

MIOSHA’S Mission Help protect the safety, health, earned wages and fringe benefits of Michigan workers.

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New Radiation Safety

Registration of 10,000 X-Ray Facilities; 30,000 machines

Inspections of Mammography Machines in 300 facilities

Investigate radiation incidents of excessive radiation doses to workers

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MIOSHA Overview 242 MIOSHA Staff 65 Compliance officers 32 Consultants 17 Regulation Agents 18 Physicists 63 Administrative Support and Analysts 47 Supervisor/Managers

5,249 Safety and Health Inspections 13,069 MIOSHA Violations $6,284,429 Levied in fines 4,548 Wage and Hour Claims $2,240,943 Collected in wages/benefits for workers 2,947 Radiation Safety Inspections

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Office of Regulatory Reinvention (ORR)

• Reviewing rules that go above Federal OSHA

• Criteria - Find rules that are obsolete, unnecessary, and over burdensome

• Goal – Not eliminate any rules that would jeopardize employee health and safety.

Status of ORR Changes

Other Standard Activity

Hazard Communication Standard revision adopted Globally Harmonized System

OSHA Standard Effective May 25, 2012

MIOSHA Standards Effective December 21, 2012

Training Deadline December 1, 2013

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New MIOSHA Advisory Committees

Appointed by the Agency “Holistic” in charge

Rule LanguageImplementation StrategyTools, Resources, Training NeedsCreate “Best Practices”Project Based

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FY 2009-13 Strategic Plan

Goal 1: : Reduce exposures, injuries, illnesses, fatalities.

Goal 2: Promote benefits of positive safety culture.

Goal 3: Strengthen public confidence in MIOSHA..

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Results: Industries Achieving 20%/Greater

Reduction Plastics & Rubber (326), 24.1% Nonmetallic Mineral Products (327),

48% Fabricated Metal Products (332), 28.1% Transportation Equipment

Manufacturing (336), 23.2% Construction fatalities, 35%

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Results: Industries Achieving Reductions Less than 20% Wood Products (321), 7.5% Machinery Manufacturing (333), 14.3% Transportation Equipment

Manufacturing (336), 14.6% Hospitals (622), 16.7% Construction (DART), 10%

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Results: Industries with Increases Beverage & Tobacco (321), 43.5% Primary Metal (331), 20.2% Merchant Wholesalers, Nondurable

Goods (424), 8.9% Nursing & Residential Care (623), 6.7%

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Results: Construction

Construction Fatalities, 35% decrease Construction TRC, 18.3% decrease

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New MIOSHA Strategic Plan

• Cover Fiscal Years 2014 – 2018• Stakeholder Focus Groups in October• Draft Plan • Stakeholder Feedback Group in May• Submitted to federal OSHA June 2013• Posted on web page

New MIOSHA Strategic Plan

New Industries: Support for Transportation Warehousing & Storage Accommodations

Returning: Beverage & Tobacco Fabricated Metal products Primary Metal Mfg. Machinery Mfg. Nursing & Residential Care Facilities Transportation Equipment Mfg. Construction

New MIOSHA Strategic Plan

• Construction• Increase presence during nontraditional hours • Focus on work activities with greatest fatality incidence• Focus on work activities with greatest exposure to health hazards• Targeted outreach

New MIOSHA Strategic Plan New Outreach Initiatives:

Agriculture Temporary Service Agencies Public Employers and Employees Air Contaminants Tree Trimming/Tree Felling

Awareness Articles/Education MaterialsFocused toward targeted industriesTop violationsTargeted safety and health checklists

New MIOSHA Strategic Plan

Promotional Events/Awareness Campaigns Take a Stand Day Forums Coffee with MIOSHA Mass Mailings Presentations

Material Lifting and Repetitive Motion Develop staff knowledge Develop tools Provide recommendations

New MIOSHA Strategic Plan

Promote Safety and Health Management Systems100% MIOSHA60% General Industry employers w/MIOSHA visit

implementCreate SHMS resources sheet for MIOSHA websiteEnforcement referrals to CET Develop/publish case studies

○ Best practices○ Near-miss reporting

NEW: MTI Strategic Plan Initiatives

Develop and pilot new management track course

Explore additional Boot Camp opportunities Pursue undergraduate credit for MTI courses Explore additional professional certification

maintenance options Survey graduates

New MIOSHA Strategic Plan

• Increase Participation in Cooperative Programs• Michigan Voluntary Protection Program• Michigan Safety and Health Recognition Achievement

Program• Partnerships and Alliances

Connecting MIOSHA to Industry

Encourage cooperation and collaboration Reinforce the “good” Create shared ownership for worker safety and

health by employers, employees, and MIOSHA Coffee with MIOSHA Updated Enforcement and Appeals Brochure Protecting Workers in Tough Economic Times

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Workplace Violence

1.7 Million workers injured annually due to workplace assaults (NIOSH)

Violent workplace incidents 18% of all violent crime in the US (BLS)

Assaults and violent acts 10th leading cause of nonfatal occupational injury (Liberty Mutual)

$400 million in annual costs to employers (Liberty Mutual)

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Workplace Violence: MIOSHA Policy

No MIOSHA Rule. If issues identified, addressed by the “General Duty Clause”

Addressed by law enforcement, MIOSHA typically declines to investigate.

Issues within the control of the employer may be investigated.○ Working with the public○ Handling money/valuables○ Working alone/small numbers○ Working with volatile persons

Huntsman: Yes I Am!

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Georgia Pacific: Tailgates & Preshift Meetings Monday morning tailgates

1st hour of every shiftSpecific safety requirementsConcerns/alerts/near misses, other plant issues

15 Minute Pre-shift MeetingsPrior to the start of each shiftAll team membersDiscuss new safety concerns, alerts, near misses,

observationsAfter safety, machine and quality issues discussed.

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Significant Case Summary 11/21/13, Auto Supplier, $128,900

4-Serious, 4 Repeat Serious, 1 Repeat Other, 2 Other 11/9/13, Stamping Plant, $103,300

12 Failure to Abate, 4 Serious, 1 Other 11/1/13, Steelmaker, $431,100

14 Serious, 20 Repeat Serious, 11 Other, 19 Repeat Other.

9/27/13, Wastewater Treatment, $126,600Combined total issued to 5 employers following a

fatality.

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General Industry: Planned Inspection of Packaging Plant Issued May 13, 2013 Total initial assessed penalties,

$117,800. 14 violations.

6 Repeat-Serious and 8 Serious violations. Issues included confined space,

machine guarding, guarding for power transmission, and lockout/tagout.

This case is currently under appeal.

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General Industry: Planned Inspection of Tube Manufacturer Issued June 7, 2013 Total initial assessed penalties,

$151,000 5 violations

2 Willful/Serious, 2 Serious, and 1 Other-than-Serious violations.

Issues included machine guarding and lockout/tagout.

This case is currently under appeal

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Construction: Fatality & Related A 36 year old roofer fell 22 feet through a

deteriorated roof while in the process of replacing the metal decking. 

Issued July 19, 2013, Initial assessed penalties, $144,000 Roofing contractor. 16 Violations

15 Serious and 1 Repeat/Serious The violations were mainly for fall protection

issues and inadequate accident prevention program.

This case is currently under appeal.

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Residential Contractor LLC v MIOSHA

Facts: Owner of Single Member LLC observed installing a new roof on a residential home by himself on a multi-employer worksite.

Citations: No conventional fall protection system in use. Part 45, Fall Protection. Side rails of portable ladder used to exit roof did not extend 3 feet

above the upper landing surface. Part 11, Fixed and Portable Ladders.

Issue: Is the owner of a single member Limited Liability Company (LLC) an employer covered by the MIOSH Act?

Ruling: The LLC is a separate legal entity and an employer. The owner is an employee.

Factors: Owner performed tasks an employee would generally be permitted to perform;

Owner received financial return (small salary & dividend draws); andOwner hired other employees periodically throughout the year.

Programmed Inspection CaseFacts: Employer stipulated to existence of violations and employee hazards, but contested

asserting it was shielded from inspections as a result of using CET services and the penalties imposed were arbitrary, discriminatory and excessive.

Specifics: A health and safety inspections resulted in multiple violations and an initial proposed penalty of $42,500.

• Employer contended an agreement had been signed 3-4 years ago to work with CET and believed this exempted them from inspection.

• CET records indicated the company used services approximately 3 years prior to the inspection. However, no subsequent or current activity with CET.

• Regarding penalties, the employer provided copies of citations issued to other employers with smaller penalties to support the claim that penalties were arbitrary/capricious.

Ruling: Regarding the CET question, the judge ruled there was no evidence to support the company had a continuing exemption from inspections and therefore he inspection and resulting citations were proper.

Regarding the penalties, the judge concluded many of the cases used for comparison did not have enough information to determine whether the circumstances were similar. Also, the company contended penalty adjustment factors were not applied correctly. The judge concluded the adjustments were applied properly.

RPM – Reinventing Performance in Michigan

GOALS A 25% improvement –satisfaction- regulatory process. A 50% improvement -customer response time. 100% of customer facing regulatory materials used/needed. An overall 50% reduction in forms.

KEY MESSAGES Michigan will be a national leader for satisfaction on regulatory issues,

bringing state government closer to the business customer. RPM will save businesses a tremendous amount of time and money

and create an environment for improved growth and job creation. Michigan is not done reinventing state government. A regulatory

system that is second to none will play a major role in Michigan’s continuing comeback.

MIOSHA: Stay Connected! MIOSHA News - published quarterly

MIOSHA eNews – sent via email monthlyProvides updates on policy changes

and program activities

Sign-up on MIOSHA website

MIOSHA on Twitter and Facebook

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Eleven Deaths In 80 daysSo far in 2013, Michigan has experienced one employee death

approximately every 7 days.  As of March 22, MIOSHA is investigating the deaths of 11 employees.  If this rate were to continue, Michigan would end the year with over 50 MIOSHA- related deaths.  This would be the greatest number of worker deaths since 2006.  Last year there were 26 MIOSHA-related deaths.  2009 saw the lowest number with 24.  Worker deaths in 2013 include four falls, two crushed, three struck-by, one cave-in, and one run-over incidents.

We urge every employer and employee to be proactive by taking the action necessary to ensure your workplace is safe.  If you need help or assistance in ensuring your workplace is safe, MIOSHA is here with resources to help.  The Consultation Education & Training (CET) Division provides workplace safety and health training and consultations to employers and employees throughout Michigan free of charge.  Contact CET today at (800) 866-4674 or submit a request online at www.michigan.gov/cetrca.

Every life is precious.  Our mutual goal must be that every employee goes home at the end of their shift every day! 

Summary of Worker Fatalities - 2013

Date Occupation/Age/Type of

InjuryDescription

Location

1/17/13 Assistant Manager36-years-oldCrush

Run over by a tractor while trying to remove a railroad timber using a tractor loader with a front bucket. 

Turner

1/18/13 Materials Handler42-yearrs-oldCrush

Operating a crane and was crushed by beams that fell out of the sling being carried by the crane.

Belleville

1/23/13 Carpenter20-years-oldFall

Employee fell approximately 19’ from a high-pitch residential roof while installing shingles.  

Coldwater

1/24/13-accident1/28/13-died

Laborer56-years-oldCave-in

Employee was working in a 12’ deep excavation to repair a leaking water main when a section of the side collapsed, and died later.

Grosse Isle

2/06/13 Bus Operator48-years-oldRun over

Employee dropped off last fare & stepped out of bus.  Bus began to roll , tried to reenter, was run over by the rear tires.

Mt. Morris

MIOSHA Act: Signed June 18, 1974

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Michigan Injury & Illness RatesPrivate Sector (U.S. BLS data)

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rates per 100 full-time workers

MIOSHA Program-Related Fatalities

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MIOSHA’S Commitment

Be proactiveDo what it takesMake a differenceKeep people safe & healthy on the job.

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OOuur r

JJoobb

Our job is not done! More to do…

26 MIOSHA related deaths in 2012

12 U.S. workers lost their life each day in 2010

4,600 U.S. workers lost their lives in 2011

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Take Action!

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• Read safety publications;• Belong to professional organizations;• Utilize insurance company audits;• Conduct internal self-inspections;• Form a safety committee;• Contact CET for assistance;• Acquire an understanding of the MIOSHA

standards;• Appoint an in-charge person for safety.

TThhaannk k

YYoouu

Partnering with MIOSHAMaking worksite safety & health a

priorityFor all you do… every day… every job!

“You Make a Difference!”

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Questions?

Comments

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