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
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)
35
30
25
Total
Construction
General Industry
Oil/Gas
20
15
10
5
0
2005
2007
2009
2011
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)*
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 violations
8. Electrical wiring methods (1910.305); 3,584 violations
9. Electrical general requirements (1910.303): 2,863 violations
10. Machine guarding (1910.212): 2,748 violations
*Patrick Kapust; Deputy Director fo Enforcement Programs; NSC presentation
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*
Movers
*Draft OSHA
Publication
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 “Word of the New Year”
Recidivist – n. one who lapses into previous
undesirable patterns of behavior
OSHA “Phrase of the New Year”
“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-byinstance 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
250
199
200
195
170
165
150
150
127
50
120 123
103
100
57
27
61
164
140
107
101
108
121 120
69
27
0
90 Y91 Y92 Y93 Y94 Y95 Y96 Y97 Y98 Y99 Y00 Y01 Y02 Y03 Y04 Y05 Y06 Y07 Y08 Y09 Y10
FY
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
Administrative Penalty Increase
$2,500
$2,005
$2,000
$1,500
$1,000
$918
$998
$970
$1,053
$500
$0
FY07
FY08
FY09
FY10
FY11
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
Completed or Nearing Completion
• 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
Now Set
for June
2012
• 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.
Now Set
for Feb.
2012
Completed or Nearing Completion
• 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
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
PR now
set for
Feb. 2012
• 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
Moved to
“Longterm”
Action
Other Areas of Regulatory Emphasis
• I2P2
– Stakeholder meetings held in 2010
– Small Business Regulatory Fairness Act
(SBREFA) review - June 2011
Draft Text
Release
Feb. 2012?
• 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
“Longterm”
Action
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 Cold!
Too
Hot!
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 workrelated in-patient hospitalizations (currently 3
or more)
– Require reporting within 24 hrs of all workrelated 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 ZTables
• 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
New mobile phone app
provides critical information
for reducing risk
of heat illness
during outdoor work
osha.gov/SLTC/heatillness
 Calculates heat index
for worksite location
 Displays “risk level” for
work at that heat index
 Lists protective
measures to reduce risk of
heat illness
Water ☼Rest ☼ Shade
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.