osha review and update february 14, 2012
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OSHA Review and Update February 14, 2012. George Flynn MS, CIH Compliance Assistance Specialist Colorado ASSE/AIHA Winter Meeting. Region 8 Year in Review*. 53 Fatalities (57 in FY10) 2164 Inspections 83% Safety & 17% Health 56% Construction 2,293 Violations $4,834,435 proposed penalties - PowerPoint PPT PresentationTRANSCRIPT
George Flynn MS, CIHCompliance Assistance SpecialistColorado ASSE/AIHA Winter Meeting
OSHA Review and UpdateFebruary 14, 2012
Region 8 Year in Review*
• 53 Fatalities (57 in FY10)
• 2164 Inspections– 83% Safety & 17% Health– 56% Construction
• 2,293 Violations– $4,834,435 proposed penalties– 71% w/ informal conferences– 41% penalty reduction– 8.4% contested (4.2% in FY10)
*Data for most compliance measures available only to mid-year
Colorado Fatalities (2004-2012)
0
5
10
15
20
25
30
35
2005 2007 2009 2011
Total
Construction
General Industry
Oil/Gas
Region 8 Year in Review*• 7 “Significant” Cases (ie, >$100K)
– $1,512,655 initial proposed penalties– 3 Grain Handling Facilities
• One involved non-fatal engulfment w/ proposed penalty of $378K
– 2 Wind Energy Industry• Fatality at wind tower manufacturer• Stryene overexposures, PPE and Conspace
at wind blade manufacturer– 1 Federal Agency
• More than 25 overexposures and numerous PSM
– 1 SST, Chemical/Recordkeeping NEP• Numerous PSM
*Data for most compliance measures available only to mid-year
Criminal Cases Resolved in 2011• 2007 Fire at Xcel Energy’s Cabin Creek
Hydroelectric Plant– 5 RPI workers were killed in the fire
• Xcel Acquitted• RPI Pleads Guilty on Dec. 20th
– 5 years probation and $1.55 million fine paid to family members of the victims
– OSHA fine reduced to $100K
Criminal Cases Resolved in 2011*
*CSB Investigation Report – 8/25/2010
Criminal Cases Resolved in 2011
• 2009 Tempel Grain Engulfment– Cody Rigsby, age 17, died of
suffocation– $1.6 million fine proposed– 5 years probation and $500K
fine paid to family members of the victim
– OSHA fine reduced to $50K
OSHA Frequently Cited Violations(October 1, 2010 to September 30, 2011)*
*Patrick Kapust; Deputy Director fo Enforcement Programs; NSC presentation
1. Fall protection in construction (1926.501): 7,139 violations; 260 worker deaths in FY10 due to violations of this standard (BLS)
2. Scaffolding in construction (1926.451): 7,069 violations; 37 worker deaths in FY10 from incidents involving scaffolding (BLS)
3. Hazard communication (1910.1200): 6,538 violations 4. Respiratory protection (1910.134): 3,944 violations 5. Lockout/tagout (1910.147): 3,639 violations 6. Powered industrial trucks (1910.178); 3,432 violations; 8,410 injuries in
FY10 connected to use of PITs (BLS)7. Ladders in construction (1926.1053): 3,244 violations8. Electrical wiring methods (1910.305); 3,584 violations9. Electrical general requirements (1910.303): 2,863 violations10.Machine guarding (1910.212): 2,748 violations
OSHA Top 10 Willful Violations(October 1, 2010 to September 30, 2011)
1. Excavation, Protective Systems
2. Fall Protection
3. Grain Handling Facilities
4. Process Safety Management
5. Asbestos
6. Recordkeeping, Gen’l Recording Criteria
7. Lockout/Tagout
8. Safeguards for Personnel Protection
9. Lead
10. Recordkeeping, Recording Criteria
Relative Ranking of 10 Most Frequently Cited Construction Standards*
*Draft OSHA Publication
Movers
100 Most Frequently Cited Physical Construction Standards in 2010 by Subpart*
*Draft OSHA Publication
Magnifying the Impact of Inspections
• Publicity• Corporate-wide actions• Interagency Cooperation• Severe Violators Enforcement
Program– Return inspections– Expanded scope
OSHA Fines XYZ Inc. a Bazillion Dollars
OSHA “Word of the New Year”Recidivist Recidivist – – nn. one who lapses into previous . one who lapses into previous
undesirable patterns of behaviorundesirable patterns of behavior
OSHA “Phrase of the New Year”““Enterprise-wide remedy/relief”Enterprise-wide remedy/relief”
DOJ Worker Safety Initiative
DOJ Worker Safety Initiative
• Denver Training Conducted in 2011– OSHA Regional and Area Office staff,
Regional Solicitor of Labor, EPA Region 8 and the U.S. Attorney’s Office.
– DOJ presented on:• achieving worker safety through prosecution
of environmental crimes• cases and information DOJ interested in for
potential referral
– Training has resulted in one referral to EPA
Severe Violator Program (SVEP)• Criteria 1 - Fatality/Catastrophe
• 1 or more serious violations classified as W,R or FTA & related to the death
• 3 or more hospitalizations
• Criteria 2 - High Emphasis Hazard• 2 or more W,R or FTA (or any combination thereof)
based on high gravity serious violations• High Emphasis Hazards
• Falls in GI & Construction• Amputations• Combustible Dust• Silica• Lead• Trenching• Grain (Recently Added)
Severe Violator Program (SVEP)• Criteria 3 - PSM
• 3 or more W,R or FTA (or combo) based on high gravity serious violations due to potential release of a highly hazardous chemical
• Criteria 4 – Egregious• All egregious cases
(ie, instance-by- instance penalties)
SVEP Statistics (thru July 2011)
• National• 174 cases• 63% Construction (109 of 174)• 21% Fatality-related (36 of 174)
• Region 8• 5 cases• 20% Construction (1 Case)• 60% Fatality-related (3 of 5)
Significant Enforcement Cases (ie, >$100K) on the Rise
164
120121108
101107
123120
103
140
170
195
150
199
165
127
696157
2727
0
50
100
150
200
250
$918 $998 $970 $1,053
$2,005
$0
$500
$1,000
$1,500
$2,000
$2,500
FY07 FY08 FY09 FY10 FY11
Administrative Penalty Increase
OSHA Areas of Emphasis
and
Fall 2011 Regulatory
Agenda Projects
Completed or Nearing Completion
• Standards Improvement Project III
• Electric Power Generation, Transmission and Distribution
• Hazard Communication/GHS • Walking Working Surfaces and
Personal Fall Protection
• Standards Improvement Project (SIPs) III (Effective Date - 7/8/11)– Final Provisions expected to result in:
• Savings of $45 million per year and 1.85 million fewer hrs of paperwork
– Final provisions include:• Changes to EPA definition of potable water• Eliminates transfer of records to NIOSH• Updates Means of Egress Provisions• Removes outdated requirement that hand dryers
use warm air• Amends the slings standard to remove outdated
tables specifying loads• Requires that employers only use slings (incl. wire
rope) marked with manufacturers’ loading information
Completed or Nearing Completion
• Electrical Power Generation, Transmission and Distribution (Final Rule was planned for Sept. 2011) OMB review – Update based on latest consensus standards– New provisions for contractor-host information
exchange, protection from electric arcs, minimum approach distances, fall protection from aerial lifts
• HazCom Global Harmonization (GHS) (Final Rule was planned for Sept. 2011) OMB review– Hazard classification: Specific criteria for classification
of health and physical hazards and mixtures. (Issue?: “Unclassified hazards”)
– Labels: Manufacturers and importers must provide label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
– Safety Data Sheets: Specified 16-section format.
Completed or Nearing Completion
Now Set for June
2012
Now Set for Feb.
2012
• Walking & Working Surfaces; Personal Fall Protection Equipment (Subparts D and I)
• Notice of Proposed Rulemaking – May 2010• Comment period ended – April 2011
– Reflects changes in technology and improvements in industry work practices
– Provides greater compliance flexibility for the mitigation of fall hazards
– Reorganizes the rule in a clear, logical manner– Adds a section to Subpart I providing criteria
for fall protection equipment• Next step: Analyze the record and develop the final
proposal
Completed or Nearing Completion
Regulatory Items Nearing Proposal• Silica
– Completed peer review of the health effects and risk assessment
– Submitted to OMB for review - February 2011– Next step: Publish the NPRM– Issues: Scope, PEL, alternatives to
exposure assessment
• Beryllium– Initiated peer review of the risk assessment and health
effects - March 2010– Peer review completed – November 2010– Next step:
• Peer review of economic analysis - May 2011– Issues: PEL, use of the Beryllium Lymphocyte
Proliferation Test (BeLPT), Scope
PR now set for
Feb. 2012
Moved to “Long-term” Action
Other Areas of Regulatory Emphasis• I2P2
– Stakeholder meetings held in 2010– Small Business Regulatory Fairness Act
(SBREFA) review - June 2011
• Confined Space in Construction– Submitted to OMB for Review– Final Rule was planned for Nov. 2011
• Combustible Dust– Stakeholder meetings held in 2010– SBREFA review – Dec. 2011
• Recordkeeping
Now Set for June
2012
Moved to “Long-term” Action
Draft Text Release
Feb. 2012?
I2P2 Stakeholder Comments• The standards should be flexible yet
enforceable• The standards should be simple yet
detailed• Safety committees are effective, yet
may run afoul of the NLRA• Management systems desirable, yet
small businesses may not implement them
• Make it a performance standard yet tell employers and compliance officers exactly what is required
• Everyone should have a program, yet written programs tend to remain on the shelf
Too Hot!
Too Cold!
Just right…
https://www.osha.gov/dsg/topics/safetyhealth/index.html
Recordkeeping – NAICS Update and Reporting Revisions• Proposed Rule - 6/22/11• Comment period closed - 9/20/11• New Rule Would:
– Convert from SIC to NAICS– Update Partially Exempt List (App A) using
more up-to-date injury and illness rates– Require reporting within 8 hrs of all work-
related in-patient hospitalizations (currently 3 or more)
– Require reporting within 24 hrs of all work-related amputations (ie, involving bone loss)
• Next step: Review comments and promulgate final rule
Recordkeeping – MSD Column
• NPRM - 1/29/10• Public meeting - 3/9/10• Comment period closed - 3/30/10 • Submitted to OMB - 6/16/10• Final rule temporarily withdrawn from
OMB - 1/25/11• Special small business stakeholder
teleconferences - 4/11-12/11• Record Re-opened 5/16/11 and
closed 6/16/11
National Emphasis Programs
• Trenching (1985)• Amputations (2006)
– Under evaluation
• Lead (Pb) (2008)• Silica (2008)• Combustible Dust (Reissued in 2008) • Hexavalent Chromium (2010)• Primary Metals (2011)
National Emphasis Programs
• Grain Handling (2011)– Includes letters to over 13,000 employers– Inclusion of Grain Handling Standard citations
in SVEP Program
• PSM Covered Chemical Facilities (2011)– Replaces the 2009 pilot– Finding same problems as in the refinery NEP
• Process hazard analysis• Management of change• Safety instrumented systems• Training
NEPs Under Consideration
• Isocyanates• Nursing Homes• Cranes and Derricks
– Developing the compliance directive– Developing compliance officer training
Regional/Local Emphasis Programs
• Falls in Construction REP• Oil and Gas Well Drilling and Servicing
REP• Roadway Workzone Safety REP----------------------------------------------------------• Asbestos (Englewood LEP)• Respirators/Noise (Englewood LEP)• Commercial Laundries (Englewood LEP)• Logging (Denver LEP)
Industrial Hygiene Developments
• IH Focus as part of OSHA’s operating plan– More industrial hygiene sampling– Focus on noise sampling, citation, and
abatement of noise hazards– Focus on health hazard documentation
and abatement of hazards– Focus on removal of workers from
health related hazards
Industrial Hygiene Developments
• Working with OSHA Training Institute (OTI) to:– Develop more technical courses– Bring back the industrial hygiene
courses– Re-train IH’s to do IH inspections– Re-establish the industrial hygiene
branch or division at OTI
PELs Update Project
• Formation of internal OSHA taskforce in March 2010 to develop options for addressing OSHA’s outdated PELs
• Stakeholder meeting 6/24/10 with invited experts across business, labor and academia
Options Discussed
• Substance-by-substance approaches
• Control-based approaches• Policy/process approaches• Annotation of OSHA’s Z-
Tables• Public forum to nominate
chemicals of most concern
PELs Web Forum
• Web forum to nominate chemicals (Aug. 6-31, 2010)
• 130+ comments• Top Vote Getters:
– Isocyanates – Halogenated wastes– Manganese fume– Carbon Dioxide– Sulfuric acid– Mercury
Animated Construction Videos
http://www.osha.gov/dts/vtools/construction.html
Respiratory Protection Videos
http://www.osha.gov/video/respiratory_protection/index.html(Note: These are 200-500 MB mp4 files)
Heat Safety Tool
Calculates heat index for worksite location
Displays “risk level” for work at that heat index
Lists protective measures to reduce risk of heat illness
New mobile phone appprovides critical information
for reducing risk of heat illness
during outdoor work
Water ☼Rest ☼ Shade
osha.gov/SLTC/heatillness
Of course WE liked it, but…
“Pardon my French, but I really cannot stress how bad this application is. Firstly, it isn’t actually capable of the function it is supposed to do. When I first tried the application, it told me that it was currently 140F in Boston. It is also extremely slow, it looks like butt, and it crashes all the time. It is completely horrible in every way.”
Rick Jones, Android App Developer
Disclaimer This information has been developed by an OSHA Compliance
Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace safety and health. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.