california industrial hygiene council 20 th annual conference december 6-8, 2010 san diego, ca
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CALIFORNIA INDUSTRIAL HYGIENE COUNCIL 20 th Annual Conference December 6-8, 2010 San Diego, CA. Cal/OSHA Overview. Chris Lee, Deputy Chief Cal/OSHA Enforcement. Cal/OSHA. Mission - PowerPoint PPT PresentationTRANSCRIPT
CALIFORNIA INDUSTRIAL HYGIENE COUNCILCALIFORNIA INDUSTRIAL HYGIENE COUNCIL
2020thth Annual Conference Annual Conference December 6-8, 2010December 6-8, 2010
San Diego, CASan Diego, CA
Cal/OSHA OverviewCal/OSHA Overview
Chris Lee, Deputy Chief Chris Lee, Deputy Chief
Cal/OSHA EnforcementCal/OSHA Enforcement
Cal/OSHACal/OSHA
MissionMission To enforce the provisions of Title 8 of the California Code of To enforce the provisions of Title 8 of the California Code of
Regulations, and to provide assistance to employers, owners, Regulations, and to provide assistance to employers, owners, operators and others to comply with Title 8 standards and operators and others to comply with Title 8 standards and regulations.regulations.
GoalGoal Reduce injuries, illnesses and fatalities among the approximate 14 Reduce injuries, illnesses and fatalities among the approximate 14
million working men and women in California.million working men and women in California.
Federal OSHA and State ProgramsFederal OSHA and State Programs
The Occupational Safety and Health Act of 1970 created an opportunity for federal-The Occupational Safety and Health Act of 1970 created an opportunity for federal-state partnerships to promote safety and healthstate partnerships to promote safety and health
Section 18 allows states to develop and enforce occupational safety and health Section 18 allows states to develop and enforce occupational safety and health standards in the context of an OSHA-approved planstandards in the context of an OSHA-approved plan
27 states and territories have been approved27 states and territories have been approved
21 states and Puerto Rico have complete programs for private and public sectors21 states and Puerto Rico have complete programs for private and public sectors
Four states and the US Virgin Islands have public sector programs onlyFour states and the US Virgin Islands have public sector programs only
Currently, state programs deliver the OSHA program to 40% of the nation’s Currently, state programs deliver the OSHA program to 40% of the nation’s workplaces, and federal OSHA responsible for the other 60%workplaces, and federal OSHA responsible for the other 60%
State plan standards and enforcement must be ALAEA federal OSHAState plan standards and enforcement must be ALAEA federal OSHA
Additionally, state programs operate under authority of state law, not delegated Additionally, state programs operate under authority of state law, not delegated federal authority – thus, in order to operate its own plan, a state must enact and federal authority – thus, in order to operate its own plan, a state must enact and equivalent of the federal OSHA Act and must use administrative and regulatory equivalent of the federal OSHA Act and must use administrative and regulatory procedures to adopt its own standards, regulations and operating proceduresprocedures to adopt its own standards, regulations and operating procedures
Leadership Through InnovationLeadership Through Innovation
Commitment to worker safety and health formalized Commitment to worker safety and health formalized in 1914 with creation of the California Industrial in 1914 with creation of the California Industrial Safety CommissionSafety Commission
Unique among state OSH programsUnique among state OSH programs OSHSB – one of only three states to promulgate standardsOSHSB – one of only three states to promulgate standards Cal/OSHA Advisory CommitteeCal/OSHA Advisory Committee Special Advisory Committees – HEAC, HIP, ATDSpecial Advisory Committees – HEAC, HIP, ATD
Injury and Illness Prevention Program (Section 3203) Injury and Illness Prevention Program (Section 3203) since 1991 – Fed OSHA looking at “I2P2”since 1991 – Fed OSHA looking at “I2P2”
EEEC EEEC Created in 2005 Created in 2005 Multi agency effort to reduce underground economy Multi agency effort to reduce underground economy sweep inspections in 7 selected industrial sectorssweep inspections in 7 selected industrial sectors
Leadership Through Innovation Cont.Leadership Through Innovation Cont.
Cal/OSHA Consultation Service Cal/OSHA Consultation Service At employer’s request At employer’s request No citations No citations 3,500 visits last year 3,500 visits last year
Partnership Programs Partnership Programs Cal VPPCal VPP SHARPSHARP Golden GateGolden Gate
Public Safety ProgramPublic Safety Program Permits (ex. trenches 5’ deep +)Permits (ex. trenches 5’ deep +) Registration (ex. Asbestos Abatement Contractor)Registration (ex. Asbestos Abatement Contractor) Certification (ex. Cranes)Certification (ex. Cranes) Notification (ex. Lead Work Pre-Job)Notification (ex. Lead Work Pre-Job)
Leadership Through Innovation Cont.Leadership Through Innovation Cont.
““Bottom Line” Bottom Line” Pursue every opportunity to promote Cal/OSHA’s missionPursue every opportunity to promote Cal/OSHA’s mission Use an integrated approach Use an integrated approach
• EnforcementEnforcement
• ConsultationConsultation
• Technical AssistanceTechnical Assistance
• Voluntary ComplianceVoluntary Compliance
• Standards PromulgationStandards Promulgation
• Training and EducationTraining and Education
Ultimate GoalUltimate Goal Not to issue citations and levy penalties, rather to change the culture Not to issue citations and levy penalties, rather to change the culture
of the employer community through the use of all the tools available of the employer community through the use of all the tools available to us to us
DOSH StructureDOSH Structure
j
CHIEF
LEGAL UNIT and
BUREAU OF INVESTIGATIONS
Industrial Relations
Counsel III
ADMINISTRATIVE SERVICES
STAFF SERVICES
MANAGER III
CONSULTATION SERVICE
Program Manager
CAL/OSHA ENFORCEMENT UNIT
Deputy Chief
HEALTH, SAFETY,
MEDICAL AND TRAINING UNITS
Deputy Chief
Deputy Chief
Research and Education Unit
Voluntary Partnership
Programs
High Hazard Coordinator
REGION II
Sacramento
Regional Manager
DISTRICT OFFICES
Sacramento - Chico Field Office
- Eureka Field Office - Redding Field Office
Concord Modesto Fresno
REGION I
Santa Rosa
Regional Manager
DISTRICT OFFICES
San Francisco Foster City Oakland Santa Rosa Fremont
REGION IV Van Nuys
Regional Manager
DISTRICT OFFICES
Los Angeles Monrovia Van Nuys
Principal Safety Engineer
Research & Standards Health Unit
Asbestos Contractors’ Registration Unit
Asbestos Consultant & Trainers' Approval Unit
Principal Safety Engineer
Research & Standards
Safety Unit
Crane Unit
Professional Development
and Training Unit
MEDICAL UNIT
Van Nuys
ELEVATOR, RIDE & TRAMWAY
UNIT
Principal Safety Engineer Elevator District Offices Santa Ana Glendale Oakland Sacramento San Bernardino San Diego San Francisco San Jose Amusement Ride District Offices Santa Ana Sacramento Amusement Ride Certification Sacramento Tramway District Offices Truckee
EXEMPT POSITIONS
REGION VI Santa Ana
Regional Manager
High Hazard Unit Oakland – Northern CA Santa Ana – Southern CA Process Safety Management Unit Concord – Northern CA Torrance – Southern CA Economic & Employment Enforcement Coalition Unit Oakland – Northern CA Santa Ana – Southern CA
On-Site
Consultation Unit
Regional Manager
Fresno Area Office
Oakland Area Office
San Bernardino Area Office
Sacramento Area Office
San Diego Area Office
Santa Fe Springs Area Office
San Fernando Valley Area Office
Federal Program
& DOSH Personnel
Staff Services Manager I
REGION III Santa Ana
Regional Manager
DISTRICT OFFICES
Santa Ana San Diego San Bernardino Torrance West Covina
NORTH
Oakland
SOUTH
Los Angeles
REGION V Chico
MINING & TUNNELING UNIT
Principal Safety Engineer
DISTRICT OFFICES
Sacramento Van Nuys San Bernardino Mine Safety Training - Chico - Sacramento - San Bernardino
PRESSURE VESSEL UNIT
Principal Safety Engineer
DISTRICT OFFICES
Santa Ana Oakland
Staff Services
Manager I
ENGINEERING SERVICES
Manager
Health & Safety
Technical Support
ASSISTANT TO THE CHIEF
Calibration and Inventory Control Laboratory
(CALICO)
SPECIAL COUNSEL
FOR REGULATORY AFFAIRS
Travel Expense Claims
Accounting &
Procurement
Permit
Budget
Telecommunications, Information
Technology &
Facilities Management
Principal Engineer (Staff Services)
Targeted Assessments
Census of Fatal Occupational Injuries (CFOI)
Resources Overview Resources Overview
Staffing: Staffing: 708.5 authorized positions; 634 filled as of 10/31/10 for all DOSH 708.5 authorized positions; 634 filled as of 10/31/10 for all DOSH
(Enforcement; Mining & Tunneling, Elevator Ride & Tramway, and Targeted Inspection & Consultation)(Enforcement; Mining & Tunneling, Elevator Ride & Tramway, and Targeted Inspection & Consultation)
Approximately 72 enforcement staff have health/industrial hygiene Approximately 72 enforcement staff have health/industrial hygiene background background
Funding:Funding: 2010 – 2011 Enforcement Grant 2010 – 2011 Enforcement Grant
= $73.9 M total – Federal @ $27.4 M – State @ $46.5 M = $73.9 M total – Federal @ $27.4 M – State @ $46.5 M
(37% vs. 63%)(37% vs. 63%) 2010 – 2011 Consultation Grant 2010 – 2011 Consultation Grant
= $9.3 M – Federal @ $5.2 M – State @ $4.1 M = $9.3 M – Federal @ $5.2 M – State @ $4.1 M
(56% vs. 44%)(56% vs. 44%) Total: $83.9 MTotal: $83.9 M
Occupational Safety and Health Occupational Safety and Health (OSH) Fund(OSH) Fund
2007 effective migration of DOSH from General Fund 2007 effective migration of DOSH from General Fund Revenues to OSH Fund.Revenues to OSH Fund.
Labor Code Section 62.5 was amended to allow an Labor Code Section 62.5 was amended to allow an additional worker compensation assessment of additional worker compensation assessment of employers to support the mandated activities of the employers to support the mandated activities of the Cal/OSHA program.Cal/OSHA program.
These assessments provide a stable funding source to These assessments provide a stable funding source to allow the courts to resolve claims more quickly, to assure allow the courts to resolve claims more quickly, to assure safety and health conditions on the job to prevent injuries safety and health conditions on the job to prevent injuries from occurring, and to improve the overall operation of from occurring, and to improve the overall operation of Cal/OSHA organization.Cal/OSHA organization.
Operating ConstraintsOperating Constraints
Hiring freeze – hard – no Hiring freeze – hard – no exceptionsexceptions
Workforce capWorkforce cap
State vehicle reductionState vehicle reduction
Furloughs = gone; replaced Furloughs = gone; replaced with 1 day/month – 5% pay with 1 day/month – 5% pay reduction)reduction)
Budget Change ProposalBudget Change Proposal
BUDGET CHANGE PROPOSAL BUDGET CHANGE PROPOSAL (a proposal to (a proposal to change the level of service or funding sources for change the level of service or funding sources for activities authorized by the Legislature, or to activities authorized by the Legislature, or to propose new program activities not currently propose new program activities not currently authorized)authorized)
Targeted Agricultural Enforcement ProgramTargeted Agricultural Enforcement Program – education/enforcement to – education/enforcement to build upon the $1.5 M outreach program and to transfer some build upon the $1.5 M outreach program and to transfer some enforcement responsibility from EEECenforcement responsibility from EEEC
Medical and Toxicology UnitMedical and Toxicology Unit – permit the Research and Standards unit – permit the Research and Standards unit to amend current and propose new PELsto amend current and propose new PELs
Professional and Training Development UnitProfessional and Training Development Unit Occupational Safety and Health Standards BoardOccupational Safety and Health Standards Board Occupational Safety and Health Appeals BoardOccupational Safety and Health Appeals Board
Five Year Strategic GoalsFive Year Strategic Goals
Three Goals (FFY 2008 – 2012):Three Goals (FFY 2008 – 2012):
Goal 1:Goal 1: To improve workplace safety and health for all workers, To improve workplace safety and health for all workers, through direct intervention methods that result
in fewer hazards, reduced exposures, and fewer injuries, illnesses, and fatalities..
Goal 2:Goal 2: Promote workplace cultures that increase employer and employee awareness of, commitment to, and
involvement in safety and health.
Goal 3:Goal 3: Maximize Cal/OSHA's capabilities by improving the effectiveness and efficiency of CAL/OSHA’s programs and services.
FFY 2011 Performance GoalsFFY 2011 Performance Goals
Reduce fatalities and occupational injuries and illnesses in Reduce fatalities and occupational injuries and illnesses in Agriculture;Agriculture; Construction;Construction; Refineries;Refineries; Public sector employmentPublic sector employment and other selected high hazard industries;and other selected high hazard industries;
Continued focus on heat illness prevention education and Continued focus on heat illness prevention education and enforcementenforcement
Work with food flavoring manufacturers to identify and eliminate Work with food flavoring manufacturers to identify and eliminate the risk to employees of exposure to Diacetythe risk to employees of exposure to Diacety
Improve communication with and education to high-risk Improve communication with and education to high-risk vulnerable employee populations regarding workplace safety and vulnerable employee populations regarding workplace safety and health rights, responsibilities, and hazards.health rights, responsibilities, and hazards.
Improve citation lapse time.Improve citation lapse time.
CY 2009 Inspection IndicatorsCY 2009 Inspection Indicators
8,445 total inspections 8,445 total inspections (22% health inspections)(22% health inspections)
17,477 total violations17,477 total violations
$ 27.5 million in penalties$ 27.5 million in penalties
106 violations with sampling106 violations with sampling
313 serious health violations313 serious health violations
Inspections by industry :Inspections by industry : 26% Construction26% Construction 18% Manufacturing18% Manufacturing 18% Services18% Services 15% Agriculture15% Agriculture 7% Retail trade7% Retail trade 5% Transportation/public utilities5% Transportation/public utilities 4% Mineral extraction4% Mineral extraction 3% State/local govt.3% State/local govt. 2% Wholesale trade2% Wholesale trade 1% Financial real estate1% Financial real estate
Nonfatal Injury and Illness Incidence RatesNonfatal Injury and Illness Incidence Rates
Heat Illness Enforcement ActivitiesHeat Illness Enforcement Activities
CY05 CY06 CY07 CY 08 CY 09 CY 10*
39 234 1,018 2,586 3,574 2,849inspections (coded S 18 Heat)
9 158 490 899 935 572inspections w/ 3395 violations (some 09 cases still open)
2 136 614 1,121 1,163 805violations of 3395 cited during specified year
$ 7,085 $ 535,140 $ 822,990 $ 1,775,071 $ 1,041,527 $ 453,210assessed initial penalties during specified year
* As of November 11, 2010
Division’s Health Activities/Special Division’s Health Activities/Special InitiativesInitiatives
3395 Heat Illness Prevention3395 Heat Illness Prevention Regulatory changes effective November 4, 2010 include:Regulatory changes effective November 4, 2010 include:
• Shade present to accommodated 25% of employees on the shift at any time when Shade present to accommodated 25% of employees on the shift at any time when temperatures exceed 85 degrees.temperatures exceed 85 degrees.
• High Heat procedures for agriculture, construction, landscaping, oil and gas extraction, High Heat procedures for agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery of agricultural, construction material or other heavy and transportation or delivery of agricultural, construction material or other heavy material.material.
Enforcement activitiesEnforcement activities• Over 2,800 inspection conducted in 2010 (YTD)Over 2,800 inspection conducted in 2010 (YTD)
• Compliance with 3395 up from 32% in 2006 to approximately 80% in 2010 (YTD)Compliance with 3395 up from 32% in 2006 to approximately 80% in 2010 (YTD)
Educational campaignEducational campaign• Training sessionsTraining sessions• Training materialsTraining materials• Radio and BillboardsRadio and Billboards
5193 Bloodborne Pathogens5193 Bloodborne Pathogens Petition to amend bloodborne pathogens to specifically address health Petition to amend bloodborne pathogens to specifically address health
hazards in adult film industry.hazards in adult film industry.
Division’s Health Activities/Special Division’s Health Activities/Special Initiatives cont’Initiatives cont’
5197 Diacetyl 5197 Diacetyl (effective December 2, 2010)(effective December 2, 2010) Applies to all flavoring and food manufacturing facilities that utilize diacetyl and food flavorings Applies to all flavoring and food manufacturing facilities that utilize diacetyl and food flavorings
containing 1% or greater concentration of diacetyl. The new rule requires covered employers to containing 1% or greater concentration of diacetyl. The new rule requires covered employers to perform an exposure assessment, establish regulated areas, implement engineering and work perform an exposure assessment, establish regulated areas, implement engineering and work practice controls, provide respiratory protection, provide medical surveillance including health practice controls, provide respiratory protection, provide medical surveillance including health questionnaires and pulmonary function tests, provide medical removal job protection for up to six questionnaires and pulmonary function tests, provide medical removal job protection for up to six months, provide specific hazard communication training and labeling, maintain records, make a months, provide specific hazard communication training and labeling, maintain records, make a one-time reporting to the Division and address other diacetyl substitutes.one-time reporting to the Division and address other diacetyl substitutes.
Aerosol Transmissible Disease Aerosol Transmissible Disease (effective August 5, 2009)(effective August 5, 2009) Employers must implement common infection control measures in order to protect employees Employers must implement common infection control measures in order to protect employees
from those threats and to enable the employees to continue to provide health care and other from those threats and to enable the employees to continue to provide health care and other critical services without unreasonably jeopardizing their health. critical services without unreasonably jeopardizing their health.
Collaboration with the California Department of Public Health (CDPH) , Centers for Occupational Collaboration with the California Department of Public Health (CDPH) , Centers for Occupational and Environmental Health , local health departments, etc., to conduct training and/or train-the-and Environmental Health , local health departments, etc., to conduct training and/or train-the-trainer sessions.trainer sessions.
Issued first ATD related citations in April 2010 in response to exposure to bacterial meningitis Issued first ATD related citations in April 2010 in response to exposure to bacterial meningitis case. Over $100,000 in proposed penalties to medical facility. Local fire, police and medical case. Over $100,000 in proposed penalties to medical facility. Local fire, police and medical transportation service also cited.transportation service also cited.
Division’s Health Activities/Special Division’s Health Activities/Special Initiatives cont’Initiatives cont’
Brazilian Blowout (Hair Smoothing Product Safety )Brazilian Blowout (Hair Smoothing Product Safety ) Evaluating whether these products meet California and Federal OSHA's labeling Evaluating whether these products meet California and Federal OSHA's labeling
and other right-to-know requirements regarding formaldehyde content. and other right-to-know requirements regarding formaldehyde content. Investigating complaints regarding the exposures of employees who handle, apply, Investigating complaints regarding the exposures of employees who handle, apply,
or in other ways are exposed to these products.or in other ways are exposed to these products. Guidance document available at Guidance document available at www.dir.ca.gov
NanotechnologyNanotechnology Exposure to nanomaterials covered under T8CCR 3203 IIPP and 5141 Control of Exposure to nanomaterials covered under T8CCR 3203 IIPP and 5141 Control of
Harmful ExposureHarmful Exposure Continued corroboration with Cal/EPA who is lead state agency Continued corroboration with Cal/EPA who is lead state agency Corroboration with academic groups such as the UC system on nonomaterial use Corroboration with academic groups such as the UC system on nonomaterial use
in the academic workplacein the academic workplace
Advisory Process for PELsAdvisory Process for PELs POLICY - POLICY - DOSH will periodically update the list of PELs in Title 8 with the DOSH will periodically update the list of PELs in Title 8 with the
assistance of a 3-step advisory processassistance of a 3-step advisory process
PROCEDURES PROCEDURES Selection of substances by Division staff from recognized professional associations Selection of substances by Division staff from recognized professional associations
and governmental agencies for review that includes an initial advisory meetingand governmental agencies for review that includes an initial advisory meeting Health Expert Advisory Committee (HEAC) – used to review the scientific literature Health Expert Advisory Committee (HEAC) – used to review the scientific literature
and where appropriate, make recommendations for a new or revised PELand where appropriate, make recommendations for a new or revised PEL HEAC recommendations are then considered by the Feasibility Advisory Committee HEAC recommendations are then considered by the Feasibility Advisory Committee
(FAC) to evaluate technical and economic feasibility(FAC) to evaluate technical and economic feasibility
RULEMAKING DOCUMENTS – in developing the draft Initial RULEMAKING DOCUMENTS – in developing the draft Initial Statement of Reasons for submission to the OSHSB, the Division will Statement of Reasons for submission to the OSHSB, the Division will develop and provide:develop and provide:
The occupational exposure levelThe occupational exposure level The health based exposure limit recommended by the HEAC and a summary of the The health based exposure limit recommended by the HEAC and a summary of the
basis for the recommendationbasis for the recommendation Findings of the FAC Findings of the FAC The basis for the Division’s draft proposed PEL for each substance where it differs The basis for the Division’s draft proposed PEL for each substance where it differs
from the FAC or HEAC recommendationfrom the FAC or HEAC recommendation
New and Revised PELsNew and Revised PELs
(n) respirable particulate size-selection parameters modified in Title 5155 Table AC-1 to allow for use of more convenient and higher flow aluminum (“SKC type”) cyclone, or prior MSA nylon cyclone (so no need to buy new equipment if already using these).
PEL’s cont.PEL’s cont. www.dir.ca.gov/dosh/DoshReg/STATUS%20SHEET.xls PELs project PELs project
substance status list (for next year or so)substance status list (for next year or so). Next step for substances in . Next step for substances in top group with recommendations from both HEAC and FAC is Standards top group with recommendations from both HEAC and FAC is Standards Board formal regulatory proposals which are currently in process.Board formal regulatory proposals which are currently in process.
www.dir.ca.gov/dosh/DoshReg/PEL%20Priority%20List.xls PELs project PELs project substance priority listsubstance priority list. (. (for possible work further in futurefor possible work further in future) Priorities 0 ) Priorities 0 and 1 are same as in substance status sheet (above). Priority 2 is those for and 1 are same as in substance status sheet (above). Priority 2 is those for possible future work. Also new TLVs will be considered as they are possible future work. Also new TLVs will be considered as they are adopted each year and if relevant to California workplaces. adopted each year and if relevant to California workplaces.
NNext Health Expert Advisory Committee (HEAC) December 14, 2010 in ext Health Expert Advisory Committee (HEAC) December 14, 2010 in Oakland. Substances planned for discussion include Arsine, Ethanol, Oakland. Substances planned for discussion include Arsine, Ethanol, Gallium arsenide, hydrogen sulfide, methyl isobutyl ketone, Gallium arsenide, hydrogen sulfide, methyl isobutyl ketone,
3 phthalates [butyl benzyl phthalate, di(2-ethylhexyl)phthalate (DEHP), 3 phthalates [butyl benzyl phthalate, di(2-ethylhexyl)phthalate (DEHP), dibutyl phthalate] , n-Propanol, Vanadium pentoxide dibutyl phthalate] , n-Propanol, Vanadium pentoxide
LegislationLegislation
AB 2774 amends Labor Code 6432, which defines a AB 2774 amends Labor Code 6432, which defines a “serious” violation issued by the DOSH.“serious” violation issued by the DOSH.
Establishes a rebuttable presumption that a serious violation exists in a place of employment Establishes a rebuttable presumption that a serious violation exists in a place of employment when there is “reasonable possibility” that death or serious physical harm could result from the when there is “reasonable possibility” that death or serious physical harm could result from the “actual hazard” created by the violation.“actual hazard” created by the violation.
Allows the employer to rebut that presumption by demonstrating that the employer did not Allows the employer to rebut that presumption by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the violation, know and could not, with the exercise of reasonable diligence, have known of the violation, and make this showing by demonstrating that the employer took all steps a reasonable and make this showing by demonstrating that the employer took all steps a reasonable employer would take under the circumstances prior to the violation occurring to anticipate and employer would take under the circumstances prior to the violation occurring to anticipate and prevent the violation (such as training, creating procedures to discover and correct hazards prevent the violation (such as training, creating procedures to discover and correct hazards and having proper employee supervision).and having proper employee supervision).
Requires DOSH to solicit and consider the information in Item (2) from the investigated Requires DOSH to solicit and consider the information in Item (2) from the investigated employer prior to issuing a serious citation.employer prior to issuing a serious citation.
Defines the term “serious physical harm” to include any injury and illness that would be Defines the term “serious physical harm” to include any injury and illness that would be considered a “serious injury or illness” as currently defined in the Labor Code, and also to considered a “serious injury or illness” as currently defined in the Labor Code, and also to include “significant and permanent” impairment or loss of efficiency of part of the body.include “significant and permanent” impairment or loss of efficiency of part of the body.
Includes a provision making it clear that a DOSH safety engineer or industrial hygienist can Includes a provision making it clear that a DOSH safety engineer or industrial hygienist can be sufficient by itself to establish each element of serious violation.be sufficient by itself to establish each element of serious violation.
Enhanced Federal Annual Monitoring Enhanced Federal Annual Monitoring (E FAME) Report(E FAME) Report
25 state OSH programs evaluated 25 state OSH programs evaluated following the State of Nevadafollowing the State of Nevada
46 Findings and 46 Findings and RecommendationsRecommendations
Complaint response timesComplaint response times Timely verification of abatementTimely verification of abatement
Special Study of the OSHABSpecial Study of the OSHAB Defining “serious hazard” or interpreting “substantial Defining “serious hazard” or interpreting “substantial
probability” inconsistent with Federal OSHA probability” inconsistent with Federal OSHA interpretationsinterpretations
Scheduling of hearingsScheduling of hearings
US Congress US Congress Republican Control of HouseRepublican Control of House
Education and Labor Committee has oversight over DOL Education and Labor Committee has oversight over DOL and OSHA – Chair George Millerand OSHA – Chair George Miller
Will revert to Ranking member – Ranking member Will revert to Ranking member – Ranking member
John Kline (MN) will likely be new chairJohn Kline (MN) will likely be new chair
Workforce and Protections Subcommittee has direct Workforce and Protections Subcommittee has direct oversight over OSHA – Chair Lynn Woolsey oversight over OSHA – Chair Lynn Woolsey
Will revert to Ranking member, and Ranking member Will revert to Ranking member, and Ranking member
Cathy Rodgers will likely be new chairCathy Rodgers will likely be new chair
Protecting America’s Workers Act (HR 2067) pending Protecting America’s Workers Act (HR 2067) pending Move 8.5 million public sector workers under OSHA coverageMove 8.5 million public sector workers under OSHA coverage Changes to the Whistleblower programChanges to the Whistleblower program Update civil and criminal penaltiesUpdate civil and criminal penalties
Brown TransitionBrown Transition
$20 B + budget deficit$20 B + budget deficit 12% unemployment12% unemployment Hiring freeze = unknown at this time if it will remain Hiring freeze = unknown at this time if it will remain
intactintact Personal Leave Program – 1 unpaid day/month to Personal Leave Program – 1 unpaid day/month to
replace the furlough programreplace the furlough program Transition papers for each Department submitted to Transition papers for each Department submitted to
the Transition teamthe Transition team 1974-1982 – then Governor Brown was supportive 1974-1982 – then Governor Brown was supportive
of Cal/OSHA and worker safety and healthof Cal/OSHA and worker safety and health
Guiding PrincipleGuiding Principle
As Deputy Chief, my guiding principle every As Deputy Chief, my guiding principle every day is to take advantage of every day is to take advantage of every opportunity, and collaborate with all internal opportunity, and collaborate with all internal and external stakeholders to aggressively and external stakeholders to aggressively promote the mission of the Division. My promote the mission of the Division. My goal is to ensure to the extent I can that all goal is to ensure to the extent I can that all working men and women in California go working men and women in California go home whole and healthy at the end of the home whole and healthy at the end of the day to their families and loved ones.day to their families and loved ones.