osha update - ohio association of metal finishers · • standards for general industry,...

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OSHA Update

Peter Grakauskas

New Secretary of Labor

Alex Acosta

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More than 4,000 Americans die from workplace injuries every year.

Perhaps as many as 50,000 workers die from illnesses in which workplace exposures were a contributing factor.

More than 3 million workers suffer a serious non fatal injury or illness annually.

OSHA’s Continuing Mission


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—National Safety Council“Injury Facts” 2014

Workplace injuries and fatalities cost our economy $198.2 billion a year.


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Safety Pays


Investing in preventing hazards saves lives, prevents injuries

and saves you money

OSHA’s Updated Safety Pays Program helps show the impact of injuries and illnesses

Updates to OSHA’s Recordkeeping/Reporting Rule: Severe Injury Reporting

OSHA has expanded the list of severe injuries & illnesses that employers must report & updatedthe list of industries who are partially exempt from routinely keeping OSHA records.

For workplaces under Federal OSHA jurisdiction Final rule became effective January 1, 2015


Expanded reporting requirements

The rule expands the list of severe work‐related injuries and illnesses that all covered employers must report to OSHA.

Since January 1, 2015, employers must report the following to OSHA:

All work‐related fatalities within 8 hours (same as previous requirement) All work‐related in‐patient hospitalizations of one or more employees

within 24 hours All work‐related amputationswithin 24 hours All work‐related losses of an eye within 24 hours

www.osha.govWe Can Help

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By telephone to the nearest OSHA office during normal business hours.

By telephone to the 24‐hour OSHA hotline (1‐800‐321‐OSHA or 1‐800‐321‐6742).

Online: www.osha.gov/report.html

How can employers report to OSHA?


Rule to Improve Tracking of Workplace Injuries/Illnesses

• The new rule requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms.

• The rule also includes anti‐retaliation provisions that prohibit employers from discouraging workers from reporting an injury or illness.


OSHA is not accepting electronic submissions at this time. Updates will be posted to the OSHA website at www.osha.gov/recordkeeping when they are available.

Improving Tracking Final Rule: Timeline


Submission year

Establishments with 250 or more employees in industries covered by the recordkeeping

rule

Establishments with 20-249 employees In

select industries

Submission deadline

2017CY 2016 300A Form CY 2016 300A Form July 1, 2017

2018CY 2017 300A, 300, 301 Forms CY 2017 300A Form July 1, 2018

2019 and beyond

300A, 300, 301 Forms 300A Form March 2

• Final Rule Federal Register Notice – May 12, 2016• Employee Rights effective date – August 10, 2016

(enforcement delayed to Dec. 1, 2016)• Electronic Reporting effective date – January 1, 2017• Phase‐in data submission due dates

OSHA is not accepting electronic submissions at this time. Updates will be posted to the OSHA website at www.osha.gov/recordkeeping when they are available.

Improving Tracking Final Rule: Employee Rights

• Modifications to 1904.35 make it a violation for an employer to discourage employee reporting of injuries and illnesses.

• Employers must inform employees of their right to report work‐related injuries and illnesses free from retaliation. This obligation may be met by posting the OSHA “It’s The Law” worker rights poster v. April 2015 or later.

All workers have the right to: • Raise a safety or health concern with your employer or OSHA,

or report a work‐related injury or illness, without being retaliated against.


Improving Tracking Final Rule: Employee Rights

• An employer's procedure for reporting work‐related injuries and illnesses must be reasonable.

• A procedure is not reasonable if it would deter or discourage an employee from accurately reporting a workplace injury or illness

– Example: Procedures that do not allow a reasonable amount of time for an employee to realize that they have suffered a work‐related injury or illness. The employer reporting procedure must account for work‐related injuries and illnesses that build up over time, have latency periods, or do not initially appear serious enough to be reportable.


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New OSHA Standards


• Silica• Walking‐Working Surfaces• Beryllium

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Silica: Most Important Reason for the Rule


• Previous PELs do not adequately protect workers• Exposure to respirable crystalline silica has been

linked to:• Silicosis• Lung cancer• Chronic obstructive pulmonary disease• Kidney disease

• Extensive epidemiologic evidence that lung cancer and silicosis occur at exposure levels below 100 µg/m3

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Silica Standard: Health Benefits


• OSHA estimates that once the effects of the rule are fully realized, it will prevent:

• More than 600 deaths per year• Lung cancer: 124• Silicosis and other non‐cancer • lung diseases: 325• End‐stage kidney disease: 193

• More than 900 new silicosis cases per year

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Silica Standard: General Industry/Maritime Compliance Dates


• Employers must comply with all requirements of the standard by June 23, 2018, except:

• Employers must comply with the action level trigger for medical surveillance by June 23, 2020. (The PEL is the trigger from June 23, 2018 through June 23, 2020.)

• Hydraulic fracturing operations in the oil and gas industry must implement engineering controls to limit exposures to the new PEL by June 23, 2021.

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Silica Standard: Construction Compliance Dates


• Employers must comply with all requirements (except methods of sample analysis) by

Sept. 23, 2017• Compliance with methods of sample analysis

required by June 23, 2018

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Silica Standard: Guidance


• Silica Rulemaking Webpage: www.osha.gov/silica• Fact sheets• FAQs• Video

• Appendix B – Medical Surveillance Guidelines• Small Entity Compliance Guides

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Walking‐Working Surfaces and PPE (Fall Protection) Rule: Purpose


• To update the outdated subpart D standard, incorporating new technology and industry practices

• To increase consistency with OSHA’s construction standards (CFR 1926 subparts L, M, and X)

• To add new provisions to subpart I that set forth criteria requirements for personal fall protection equipment

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Walking‐Working Surfaces and PPE (Fall Protection) Rule


• OSHA estimates 6.9 million general industry establishments employing 112.3 million workers will be affected

• OSHA estimates the new rule will prevent 29 fatalities and 5,842 injuries annually

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Walking‐Working Surfaces and PPE (Fall Protection) Rule: Major Changes


• Fall Protection Flexibility• Updated Scaffold Requirements• Phase‐in of ladder safety systems or personal fall arrest

systems on fixed ladders• Phase‐out of “qualified climbers” on outdoor advertising

structures• Rope descent systems (RDS)• Adds requirements for personal fall protection

equipment (final §1910.140)

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Walking‐Working Surfaces and PPE (Fall Protection) Rule: Effective Dates


• Rule overall: January 17, 2017• Training: 6 months after publication• Building anchorages for RDS: 1 year after publication• Fixed ladder fall protection: 2 years after publication• Installation of ladder safety system or personal fall

arrest system on fixed ladders: 20 years after publication

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Walking‐Working Surfaces and PPE (Fall Protection) Rule: Guidance


• OSHA’s new webpage on subparts D&I: www.osha.gov/walking‐working‐surfaces/index.html

• Fact sheets• FAQs

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Beryllium Standard


• Final rule to prevent chronic beryllium disease and lung cancer

• Standards for general industry, construction, shipyards

• OSHA estimates the rule will save 94 lives and prevent 46 new cases of chronic beryllium disease each year

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Beryllium Standard


• About 62,000 workers exposed to beryllium, including approximately 11,500 construction and shipyard workers who may conduct abrasive blasting operations using slags that contain trace amounts of beryllium

• Majority of affected workers are in general industry operations such as beryllium metal and ceramic production, non‐ferrous foundries, and fabrication of beryllium alloy products

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Beryllium Standard: Major Provisions


• Reduces the permissible exposure limit (PEL) for beryllium to 0.2 micrograms per cubic meter of air, averaged over 8‐hours.

• Establishes a new short term exposure limit for beryllium of 2.0 micrograms per cubic meter of air, over a 15‐minute sampling period.

• Requires employers to: use engineering and work practice controls (such as ventilation or enclosure) to limit worker exposure to beryllium; provide respirators when controls cannot adequately limit exposure; limit worker access to high‐exposure areas; develop a written exposure control plan; and train workers on beryllium hazards.

• Requires employers to make available medical exams to monitor exposed workers and provides medical removal protection benefits to workers identified with a beryllium‐related disease.

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Beryllium Standard: Compliance Dates


• Effective date is May 20, 2017. All three sectors have one year from the original effective date to comply with most of the requirements.

• All sectors have two years from the original effective date to provide any required change rooms and showers and three years from the original effective date to implement engineering controls.

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Beryllium Standard: Guidance


• OSHA webpage: www.osha.gov/berylliumrule/index.html

• Fact sheets: Overview and Medical Surveillance• FAQs

Inspections Conducted by Federal OSHAFY 2007 – FY 2016


0

5000

10000

15000

20000

25000

30000

35000

40000

45000

50000

FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16

39324 38667 3900440993 40614 40961

39228

36174 35820

31948

In FY 2016, State Plan States conducted 43,105 inspections.

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Higher OSHA Penalties


• As of Aug. 1, 2016, the penalties OSHA can impose increased. This was a one‐time catch‐up adjustment.

• There will also be annual adjustments based on inflation. New penalty amounts as of Jan. 13, 2017:

Type of Violation Penalty

SeriousOther‐Than‐SeriousPosting Requirements

$12,675 per violation

Failure to Abate $12,675 per day beyond the abatement date

Willful or Repeated $126,749 per violation

See www.osha.gov/penalties

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OSHA’s Enforcement Initiatives


• Severe Violator Enforcement Program

• National Emphasis Programs

• Corporate‐Wide Settlement Agreements

Top Ten Violations

Most frequently cited OSHA standards during FY 2016 inspections


1. Fall Protection

2. Hazard Communication

3. Scaffolding

4. Respiratory Protection

5. Lockout/Tagout

6. Powered Industrial Trucks

7. Ladders

8. Machine Guarding

9. Electrical – Wiring Methods

10. Electrical – General Requirements

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New OSHA Resources


For a listing of new OSHA publications, web pages, videos, and other resources, visit OSHA’s Help for Employers page (www.osha.gov/employers), and click on “New Products” in the Quick Links box.

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Free OSHA e‐newsletter delivered twice monthly to 170,000 subscribers

Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards

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OSHA QuickTakes


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OSHA’s Initiatives


Heat Illness Prevention

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Safety and Health Programs


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Safety and Health Programs Work


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OSHA’s Recommended Practices for Safety and Health Programs


Updated and redesigned• To reflect changes in the economy such as increased use of temporary

and contract workers

Voluntary• Not enforceable, but will help

with compliance

Flexible• Work at your own pace and adapt

to your workplace• Separate recommended practices

for construction

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OSHA’s Recommended Practices for Safety and Health Programs


1. Management leadership

2. Worker participation

3. Hazard identification and assessment

4. Hazard prevention and control

5. Education and training

6. Program evaluation and improvement

7. Communication and coordination for host employers, contractors and staffing agencies

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OSHA’s Recommended Practices for Safety and Health Programs: Website


osha.gov/shpguidelines

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A companion effort to promote SHPs broadly• Partnerships => leverage => reach

EVERY business and workplace needs an SHPMany valid approaches: choose one

• Recommended Practices (2016)• Journey to Safety Excellence• VPP• OHSAS 18001• ANSI Z10• ISO 45001


OSHA’s Safety and Health Program Campaign

Campaign Logo

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• Safe and Sound Week: June 12‐18 2017.

• National Safety Stand‐down to promote proactive safety and health activities, such as implementation/enhancement of safety and health programs

• OSHA is working with NIOSH/ASSE/NSC/AIHA


Safe and Sound Week: June 2017

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Campaign Website


osha.gov/shpcampaign

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3 million people are employed by staffing companies every week.

11 million temporary and contract employees are hired by U.S. staffing firms over the course of a year.


Source: American Staffing Association

Both host employers and staffing agencies have roles in complying with workplace health and safety requirements and they share responsibility for ensuring worker safety and health.

Legally, both the host employer and the staffing agency are employers of the temporary worker.

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Protecting Temporary Workers: A joint responsibility


Shared control over worker = Shared responsibility for worker

Why Are Temp Workers At High Risk of Injury?

New workers are at increased risk of injury.

Host employers don’t have the same commitment to temporary employees as to permanent ones.

Employer who bears the risk of the injury (temp agency) does not control safety and health investment.


Temporary Workers: Outreach & Education

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Alliance with American Staffing Association

Issued Temporary Worker Recommended Practices

Developed Series of Compliance Assistance Bulletins


Temporary Worker Initiative In all inspections, OSHA’s

inspectors ask about the presence of temp workers, the hazards to which they are exposed, and the trainingthey have received.

We are seeing an impact.


Heat Index Risk Level Protective Measures

Less than 91°F Lower (Caution) Basic heat safety and planning

91°F to 103°F Moderate Implement precautions and heighten awareness

103°F to 115°F High Additional precautions to protect workers

Greater than 115°F Very High to ExtremeTriggers even more aggressive protective measures

Develop a Heat Stress Policy

We Can Help

Thank You!!!

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