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Presented By:Martha Yoder, Director

www.michigan.gov/miosha(517) 322-5050

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Michigan Department of Michigan Department of Licensing and Regulatory Licensing and Regulatory

Affairs (LARA)Affairs (LARA)

Michigan Occupational Safety Health Michigan Occupational Safety Health

AdministrationAdministration April 2012April 2012

Martha B. YoderDirector

Bart PickelmanDeputy Director

Adrian RocskayGeneral Industry S&H

Patty Meyer, Construction S&H

Ron Ray,Mgt. Tech. Serv.

Nella Davis-Ray,CET

Dawn Jack,Appeals Jack Finn,

Wage & Hour3

MIOSHA’S MissionMIOSHA’S Mission

Help protect the safety, health, earned wages and fringe benefits of Michigan workers.

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MIOSHA MIOSHA OverviewOverview

Staffing229 MIOSHA staff62 compliance officers37 consultants29 wage and hour

5,366 inspections14,199 violations3,508 consultations210 seminars/workshops

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What’s New With What’s New With MIOSHA?MIOSHA?

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Office of Regulatory Office of Regulatory Reinvention (ORR)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.

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ORRORR

Cleaning out the garage to get to the tools you use or need!

Example – Stickers on portable laddersExample – Rule is not cited because the hazard is covered better by a different rule Example – Medical examinations annually not every 6 months

Recommendations approved by G.O.MIOSHA will work with ORR & LARA on implementation.

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ORR ReportORR Report

611 MIOSHA requirements recommended for rescission

334 MIOSHA standards affected

9 Recommendations

ORR Report Nine Recommendations

• Eliminate MIOSHA Standard commissions.

• Definition of “Clear and Convincing need” to MIOSH Act.

Legislative Action To Date

• Legislation Introduced on September 19, 2012• HB 5917 (Graves) – Eliminate Construction Safety

Standards Commission• HB 5922 (Bumstead) – Eliminate the General Industry

Safety Standards Commission.

• Legislation Introduced on September 27, 2012• SB 1336 – Eliminate Occupational Health Standards

Commission• SB 1335 – “Clear and convincing need” and Hazard

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ORR Report Nine Recommendations

• Eliminate rules regarding specific qualifications when a rule limits the use of equipment to a trained and qualified employee.  Provides alternative to permits.

• Work with the agricultural community to address confined space for agriculture rules that were inadvertently rescinded.

• Adopt OSHA Standards Improvement Project.

ORR Report Nine Recommendations

• Pursue a review of state air contaminant rules once federal OSHA completes its review.

• Withdraw rule requests that exceed federal standards.

• Include all rules in Michigan Administrative Code.

• Review MIOSHA diving operations standard.

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ORR Process Section 44, Administrative Procedures Act

Expedited promulgation steps: •MIOSHA prepares the draft rules •Drafts to the ORR. •ORR reviews/revises/approves •ORR posts on their website•ORR forwards the rules to the Legislative Service Bureau (LSB) •ORR publishes in the Michigan Register at least 35 days prior to submission to the Secretary or State•From the date of publication, the public has 21 days to comment•After the 35 day publication period, the rules are certified and filed with the Office of the Great Seal

Other Standard Activity - Other Standard Activity - Anticipated New StandardsAnticipated New Standards

Hazard Communication Standard revision

adopting Globally Harmonized System OSHA Published in Federal Register on March 26, 2012OSHA Standard Effective May 25, 2012MIOSHA has six months to adopt 15

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FY 2009-13 Strategic FY 2009-13 Strategic PlanPlanGoal 1Goal 1: Reduce : Reduce

exposures, injuries, exposures, injuries, illnesses, fatalities.illnesses, fatalities.

Goal 2:Goal 2: Promote benefits Promote benefits of positive safety of positive safety culture.culture.

Goal 3:Goal 3: Strengthen public Strengthen public confidence in MIOSHA.confidence in MIOSHA.

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New MIOSHA Strategic Plan

• Cover Fiscal Years 2014 – 2018• Stakeholder Focus Groups in October• Draft Plan • Stakeholder Feedback Group• Draft due to federal OSHA June-July 2013

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Nursing Home & Residential Care Facility Emphasis Program

• Slips, trips and falls are a leading cause of injury • FY 2010 DART rate

• Overall Private Sector 1.8. • Nursing and residential care facilities (i.e., employers

within NAICS 6231, 6232 and 6233) 5.6, 3.9 and 4.7

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Nursing Home & Residential Care Facility Emphasis Program

Primary focus on:•Ergonomic stressors relating to resident handling;•Slips, trips, and falls•Exposure to blood and other potentially infectious materials; •Exposure to tuberculosis; and•Workplace violence.

Emphasis Program includes Outreach and Enforcement

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Incentive Programs

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Lagging Safety & Health Measures• “Reactive” or “Trailing”• Measure final results of the system• Traditional measures

• Days w/o injury• Lost workday case rate• TCIR• Miles driven without an injury

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Proactive Measures

• “Leading” Indicators• Number of employees participating in safety activities.

• Training• Surveys• Submitting Suggestions• Identifying Hazards/Potential Hazards

• Number of safety training sessions held• Number of people trained on LO/TO• Number of Near Miss Reports• Actions taken on Near Miss Reports

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Best Practices - Herman Miller

• B.O.B. (Best of the Best) is one of the creative fun interactive methods Herman Miller uses to teach safe work practices, hazard recognition, and engage employee involvement. B.O.B. is a life size soft sculpture that is placed throughout the facility. Prior to his placement communications are posted throughout break areas, the café, safety bulletin boards, and electronically which include the area of placement, rules of participation, and entry forms.

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Best Practices - Herman Miller cont…

B.O.B. Best of the Best Safety Training Activity 

SAMPLE PLACEMENTS:1. On the job example 2. Cleaning duties example 3. Maintenance task example

 

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MVPP ESSAY CONTEST!

Here at Herman Miller we believe in families. That is a big reason why we are so dedicated to becoming STAR certified with MVPP.

Here is a chance for you to include your families in what we are doing at Herman Miller. Have your son, daughter, grandson, granddaughter, niece or nephew write a short (25-50 word)

essay on:“WHY THEY WANT THEIR LOVED ONE TO WORK AT A MVPP SITE”

All essays must be completed and turned in to the MVPP team no later than December 30, 2005. The essays will then be judged and the winners will be notified. The winners of the contest will be

posted on the MVPP message board. Grand Prize: A vacation day

2nd and 3rd place prizes: 50$ Gift Certificate

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Safety Slogan Contest

Starts October 24th thru October 28th.We are looking for a Team Member to

come up with a Safety Slogan that we will use for the next year, in training and

presentations. The team member that has the most creative slogan as voted on by

the MVPP Safety team, will win a Herman Miller, Mirra Chair.

2nd and 3rd place winners will also be drawn and awarded a prize.

Forms will be provided next to BOB in the Café. If you have any questions, contact a MVPP Safety

Team member.

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Best Practices - Herman Miller cont…

• Bi- weekly Safety Questions: Team members from the safety communications teams randomly walk throughout departments asking safety related questions from monthly training sessions, department specific safety questions, PPE, MVPP, etc. to test employees knowledge and retention.

• Small prizes are distributed for answering correctly.

Take a Stand Take a Stand DayDay

August 8, August 8, 20122012

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Protecting Workers in Protecting Workers in Tough Economic TimesTough Economic Times

Penalty reduction – additional 10%

Penalty payment plan

Prehearing options

Inspection deferrals – working with CET

MTI scholarships

Free video loan library292929

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““Safety Pays” Safety Pays” CampaignCampaign

• Decrease injuries, illnesses, & fatalities

• Reduce worker compensation costs

• Increase productivity, quality, morale

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Goal 2.2 : Enhance employer and worker awareness of and participation in the MIOSHA Training Institute (MTI).Increase by 50 each year the number of MTI certificate holders by marketing the MIOSHA Training Institute to targeted groups.

• Attendees• Graduates• Level 2 and beyond• Scholarships• Marketing

MTI Boot Camp

• Response to staff & attendee input

• Summer 2012• MTI Level One GI certificate

in just eight days!  • FY 2013 & beyond

WOW! What a great set of classes. Some of the best training I have had. Each instructor was extremely knowledgeable and gave great presentations.I work in a plant that runs 24/7 so the training set up on Tuesday, Wednesday and Thursdays let me be at work Monday and Friday to catch up on items of importance. Hope to see a Level Two Boot camp at the Lansing Area Safety Council.

David J. Asselin Sr.Field Safety SpecialistUWUA Local 223

Connecting MIOSHA to Connecting MIOSHA to IndustryIndustry

Initiated in 2007Encourage cooperation and collaboration Reinforce the “good” Continue firm and fair enforcementCreate shared ownership forworker safety and health byemployers, employees, andMIOSHA

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2012 Heat Illness Prevention Campaign and Fall Prevention

Campaign

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OSHA Home Page

7,032 Total Inspections

Heat Illness Prevention Campaign

Fall Prevention Campaign

Hearing Decisions• Hierarchy

• Administrative Law Judge• Board of Health & Safety Compliance & Appeals

• 7 members appointed by Governor• 3 Labor (general industry, construction, health)• 3 Management (general industry, construction,

health)• 1 General Public• Serve staggered 4 year terms or until replaced

• State Circuit Court• Michigan Court of Appeals• Michigan Supreme Court

Signature Homes Contracting LLC v MIOSHAFacts: 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); and• owner hired other employees periodically throughout the year.

Brandenburg Industrial Service Co. v MIOSHA

Facts: Employer engaged in asbestos abatement placed a remote decontamination trailer on the multi-employer worksite several hundred feet from the regulated work area. Employees required to exit regulated area and walk in open air, amongst other employees and the public.

Citation: Decontamination area (shower & clean room) was not adjacent and connected to the regulated work area. Part 602, Asbestos in Construction.

Issues: • Was it infeasible to locate the shower & clean room adjacent to the

regulated area where the employer argued water, electrical, drainage were sporadic?

• Does an employer’s usage of the alternative means of protection allowed in cases of infeasibility negate a violation for not being adjacent?

Ruling: The placement of the shower & clean room contiguous to the regulated area was not infeasible. The employer’s use of the alternative protection does not negate a violation where the factors authorizing use of the alternate means (infeasibility) had not been evaluated and satisfied.

EES Coke Battery v MIOSHAFacts: An employee was crushed as he & coworker were attempting to replace a leaking

cylinder on a pusher machine. The employee had climbed over a guardrail & laid under the door to try to access the cylinder when the tools and methods

used to hold the door in place failed.  Citation:

• General Provisions - secondary support system not used;• Portable Power Tools - chain fall or hoist used beyond rated capacity;• LOTO - inadequate lockout - did not lock out hydraulics or protect against mechanical and

gravity energy sources; and• LOTO - retraining not provided for new hazard/task.

Issues: • Whether the employer had knowledge of the hazardous conditions?• Whether employees had engaged in employee misconduct?

Ruling: Employer should have known of hazardous condition and failed to satisfy employee misconduct defense.

Factors: The Supervisor: • assigned the employees the task without determining experience level with task; • knew no prior work orders or procedures existed describing how the task was to be safely

performed; • requested the employees complete their own Job Hazard Analysis (JHA) and did not

review it; and• failed to inform the employees of the weight of the door cleaner to ensure properly-rated

tools were used.

Site Development v MIOSHAFacts: Employer contracted by City to excavate for sewer replacement project. COSHO

observed a City employee in a 8 ft. trench unprotected from cave-in hazard.

Citations: • Excavation - Improper angle of repose. • Excavation - Spoils pile less than 2 feet from the edge of the excavation.

Issues: • Whether an employer is bound by MIOSHA’s Multi-Employer Worksite policy? • Whether it was impossible for the company to comply with the standard because it was

not in control of the project? • Whether an employer has a general duty to protect people it does not employ.

Ruling: • MIOSHA’s Multi-Employer Worksite policy is consistent with federal case law. • Compliance was not impossible as employer had control of the equipment necessary to

comply with standard.• An employer has a general duty to protect people it does not employ from a hazard it

created.Factors:

• Creating employer present & observed City employee enter trench; • Operator aware of trench safety requirements under the standard;• Operator could have refused to deviate from the requirements of the standard; • Operator did not warn other’s employees about the hazard created.

MIOSHA: Stay Connected!MIOSHA: Stay Connected!MIOSHA News - published quarterly

MIOSHA eNews – sent via email monthlyNew in November 2011Provides updates on policy changes and program activities

Sign-up on MIOSHA website MIOSHA on Twitter and Facebook

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SignificantSignificantCasesCases

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Fall FatalityFall Fatality

An employee went through a roof hatch and fell approximately 50 feet

Violations included: Three willful violations of Part 45 Fall ProtectionSerious violations of Part 1 General Rules - accident prevention

$229,600 in penalties issued to four employers:$145,600 to exposing employer$72,100 to creating employer$8,400, and $3,500 to two other contractors

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Crush FatalityCrush FatalityEmployees were covering a scaffold with weather proofing. Scaffold overturned in high winds and fell on employee below, killing him.

Violations included: Six willful violations of Part 12 ScaffoldingTen serious violations of Part 12 ScaffoldingOne repeat serious of Part 1 General Rules

$352,200 in penalties issued to two employers:$237,200 to creating employer $115,000 to exposing employer

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MIOSHA Program-Related FatalitiesMIOSHA Program-Related Fatalities

0102030405060708090

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1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Worker Fatalities that MIOSHA Investigated

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Michigan Injury & Illness Michigan Injury & Illness RatesRates

Private Sector (U.S. BLS data)Private Sector (U.S. BLS data)

0123456789

10

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Rates per 100 full-time workers

545454

MIOSHA’S MIOSHA’S CommitmentCommitment

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

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OOuur r

JJoobb

Our Job is not done!

More to do…

• 36 MIOSHA related deaths in 2011• 141 Total Worker deaths in Michigan 2011

• 12 U.S. Workers lost their life each day in 2010• 4,500 workers lost their lives in 2010

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TThhaannk k

YYoouu

Thank you….

For all you do…• Every day…

• On the job

“You Make a Difference!”

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Questions?

Comments?

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 Michigan Occupational Safety & Health Administration7150 Harris Drive

Lansing, Michigan 48909-8143 

For further information or call (517) 322-1817or

visit our website at www.michigan.gov/miosha

“Like” Us On Facebook At: www.facebook.com/MichiganOSHA