OSHA Update Presentation
for the
Genesee Valley Chapter
of the
ASSE
January 8, 2013
Gordon J. DeLeys
Compliance Assistance Specialist
Buffalo Area OSHA Office
Hilda Solis
Secretary of Labor
Dr. David Michaels
Assistant Secretary of Labor for OSHA
Notables
Deborah Berkowitz
Chief of Staff
Jordan Barab
Deputy Assistant
Secretary for OSHA
Richard Fairfax, CIH
Deputy Assistant
Secretary for OSHA
U.S. Department of Labor-OSHA
Buffalo Area Office
130 S. Elmwood Avenue
Buffalo, NY 14202-2465
(716) 551-3053
www.osha.gov
Art Dube, OHST
Area Director
Safety Staff
• Mike Scime, CHST, Assistant Area Director/Safety
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Nick Donofrio, Safety Specialist
Mindar Hsieh, CSP, Safety Engineer
Bob Kirchgessner, Safety Engineer
Bob LeCastre, OHST, Safety Specialist
Clara Marin, Safety Engineer
Colin Sargent, CHST, Safety Specialist
Wilson Soto, Safety Specialist
Bob Upton, CSP, Safety Engineer
Mike Willibey, CHST/OHST, Safety Specialist
Mike Willis, Safety Specialist
2013
Out with the old…
Mike Stratton
Retired after 38+ years
with OSHA
In with the new…
Al Stutz
Industrial Hygiene Staff
• Al Stutz, Assistant Area Director/Health
– Mike Forster, CIH, CSP, Industrial Hygienist
– Jacki Lamb-Anderson, CHMM, Industrial Hygienist
– Dinh Le, Industrial Hygienist
– Kim Mielonen, Industrial Hygienist
Additional Staff
• Felicia Dobbins, Secretary
• Ellen Sidell, Program Analyst
• Gordon DeLeys, Compliance Assistance
Specialist
• Chris Carlin, 11(c) Investigator
Art Dube, Area Director
Gordon DeLeys, CAS
Buffalo Area Office
130 S. Elmwood Avenue, Suite 500
Buffalo, NY 14202
(716) 551-3053 x244
Chris Adams, Area Director
Ron Williams, CAS
Syracuse Area OSHA Office
3300 Vickery Road
N. Syracuse, NY 13212
(315) 451-0808 x3002
Kim Castillon, Area Director
Albany Area Office
401 New Karner Road, Suite 300
Albany, NY 12205
(518) 464-4338
Diana Cortez, Area Director
Tom McCarthy, CAS
Tarrytown Area Office
660 White Plains Road
Tarrytown, NY 10591
(914) 524-7510
Tony Ciuffo, Area Director
Long Island Area Office
1400 Old Country Road
Suite 208
Westbury, NY 11590
(516) 334-3344
Kay Gee, Area Director
John Frowd, CAS
Manhattan Area Office
201 Varick Street, Room 908
New York, NY 10014
(212) 620-3200
Question:
Is Safety and Health a Top
Priority Where You Work?
Correct Answer:
It Shouldn’t Be
Priorities in an organization
can (and usually do) change
Safety and health needs to
be a core value of the
organization
Fall Injuries amongst Roofers and Carpenters
• Falls from Elevations by roofers cost approximately $106,000
each
• Falls from Elevations by Carpenters cost over $97,000 each
• The average cost of a fall from elevation for all other
occupational classifications was under $50,000
• Falls from ladders or scaffolds by roofers cost approximately
$68,000 each
• Falls from ladders or scaffolds by carpenters cost nearly
$62,000 each
Accident Costs and Impact on Sales
Type
Injury
Avg.
Avg.
Total$ Sales Needed
Direct$ Indirect$
3%
5%
-------------------------------------------------------------------------------------Amputation $21,718
Burn
$45,608
$1,520,260 $912,156
$ 6,154
$10,000
$ 333,320 $199,992
$ 8,305
$ 9,966
$18,271
$ 609,033 $365,420
Foreign Body $ 317
$ 1,427
$ 1,744
$
58,177
$ 34,870
Laceration
$ 4,955
$ 6,056
$ 201,850
$121,110
Carpal T.
$ 3,846
$23,890
$ 1,101
Iceberg Effect
Heinrich Pyramid
What’s New?
• Continued strong enforcement
• Continued cooperative programs
• Continued outreach
BLS Statistics Showing the Leading
Causes of Construction Fatalities
FATALITIES
2005
2006
2007
2008
2009
FALLS
394
433
447
332
283
STRUCK BY
130
120
106
108
79
ELECTROCUTIONS
107
126
108
89
89
CAUGHT
IN/BETWEEN
111
96
98
92
34
Fatalities and Fatality Rates
in Construction
2006
2007
2008
2009
2010
2011
Fatalities
1239
1204
975
834
774
721
Fatalities
per 100,000
workers
11.2
10.8
9.7
9.9
9.8
8.9
Pre-rule
• Backing
Operations
Pre-Rule
• Reinforcing and
Post-Tensioned
Steel Construction
Other Pre-Rule Regulatory
Agenda Items
• Look back of OSHA chemical standards
• Infectious diseases
• I2P2
• Vertical tandem lifts
Directorate of Construction
Standards
Standards Improvement Process
(SIPs) IV
• Remove or revise duplicative, unnecessary,
and inconsistent safety and health standards
• Without reducing workers' safety and health
or imposing any additional economic burden
on employers
Proposed Rule Regulatory Agenda
Activities
• Crystalline Silica
• Improved tracking of injuries and illnesses
• Cranes and derricks in underground
construction and demolition
• Updating OSHA standards based on national
consensus standards for PPE (head
protection) and acetylene
Final Rule Regulatory Agenda
Items
• Cranes and derricks, digger derrick
exemption
• Confined spaces in construction
• Walking working surfaces and fall
protection systems
Long-term Actions
• Occupational exposure to beryllium
• Occupational exposure to food flavorings
containing diacetyl and diacetyl substiutes
• Combustible dust
• MSD column on recordkeeping form
Construction Directives Under
Development
• Highway work zones
• Cranes and derricks
• Personal protective equipment
• Construction chapter to FOM
• Excavations/trenching
NIOSH/OSHA Nail Gun Guidance
•Released 9/21/2011
•Joint NIOSH/OSHA Publication
OSHA Noise Pocket Guide
• Not a standard
• Educational
• Information is directed to workers and
small employers
• Hearing loss guidance
– Prevention
• PPE, etc.
– Hearing conservation programs
in construction
– NIOSH recommendations
Crane Guidance Products
• Cranes and derricks products
– FAQs Published
– Fact sheets
– Letters of interpretation
Crane Letters of Interpretation
Most interest to Unions, Trade
Associations, and Rental Companies
• Identifying a work zone when working near
a power line
• Apprenticeship programs used to qualify
riggers and signal persons
• Hours of equipment operation versus
practical exam for recertification
Crane Letters of Interpretation
Most interest to Manufactures and Equipment
Users
• Operation of cranes derated by the
manufacturer
• Mast Climbing Scaffold used with hoisting
attachments
• Typical vertical mast forklift used with hoisting
attachments
Communication
Tower Issues
• Riding the line while
constructing the tower
• Construction vs. Maintenance
Fall Prevention Campaign Update
Poster
Tool Box Stickers
Pocket Cards
Front
Back
Fall Protection in Residential
Construction
• 545 workers killed from falls during residential
construction activities from 2005 to 2009
– 129 of these 545 were workers who died from
falling off of residential roofs
• New directive (STD 03-11-002)
• Requires fall protection above 6 feet
• Conventional methods of fall protection:
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•
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Guardrail systems
Safety net systems
Personal fall arrest systems
Fall restraint systems
• Alternative methods of fall protection
– Must comply with appropriate subparts when
using these methods:
• Scaffolds
• Ladders
• Aerial lifts
Fall Protection in Residential
Construction (cont’d.)
• Employers who do not provide conventional
methods of fall protection must:
– Demonstrate & document why conventional
methods are infeasible or creates a greater
hazard
– Prepare a fall protection plan by a qualified
person
– Identify each location where conventional fall
protection cannot be used
– Discuss the alternative measures taken to protect
workers from hall hazards
– Implementation of the plan must be supervised
by a competent person
– If an incident occurs, employer must re-examine
fall protection plan
Residential Construction
New Phase-in Deadline
• Memo to the Regions on 08/29/2012
• Extends phase-in to March 15, 2013
• Polices mirror past extensions (attached to
the Regional memo)
• CAS outreach should continue as needed
Residential Construction Fall
Protection Products Update
• Questions and Answers (Q&A) (Residential Fall
Protection)
• Fact Sheets
• Residential Fall Protection Guidance Document
(Spanish)
• Compliance Assistance: Fall Protection in Residential
Construction. OSHA [narrated PPT]
• Residential Fall Protection - OSHA PowerPoint Slide
Presentation (Spanish)
Residential Construction Fact Sheets
• Installing Standing Seam Metal Roofs
• Re-Roofing
• Roof Sheathing
• Installing Roof Trusses
• Installing Tile Roofs
• Roof Repair
Residential Construction Fact Sheets
• New - Working in attics
• New - Constructing walls
• New - Installing floor joist and decking
Residential Construction Fall Protection
Products Under Development
• Roofing safe work practices
• Two Videos from the State of Washington
• Miscellaneous English to Spanish translations
for video and outreach products
Construction Fall Protection
Products Under Development
Fact Sheets
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Extension Ladders
Step/A Frame ladders
Job Made Ladders
Narrow Frame Scaffolds (Baker/Perry)
Tube and Coupler Scaffold
Pump Jack Scaffold
http://www.osha.gov/stopfalls/
Available Fall Protection Training
Education Centers
– Course# 3110 Fall Arrest Systems
• Principles of Fall Protection
• Fall Protection Components
– Limitations
– Field Exercise/Hands on
– Course #7405 – Fall Hazard Awareness for the Construction Industry
• Identify, Prevent, or Control Fall Hazards at Construction Site
Susan Harwood Grants
– Numerous training and developmental grants includes fall protection topics
– http://www.osha.gov/dte/sharwood/grant_awards.html
OSHA Fall Prevention Webpage
– Training Resources for fall protection and prevention (Tab on site)
• http://www.osha.gov/stopfalls/trainingresources.html
12 New Prevention Videos (v-Tools) for
Construction Hazards
Favorable Review Commission
Decision
Elliot Construction Corporation - Involving CO
exposure to four employees.
• OSHA appealed after the ALJ changed Willful
citations to serious with significant penalty
reduction.
• ALJ’s decision was overturned by the Review
Commission who affirmed two of the three
violations and proposed Willful citation with
adjusted penalty to $112,000.
Heat Stress Campaign
• Prevent heat-related illnesses
in outdoor workers
• Partnered with NOAA on
weather service alerts & worker
safety precautions when
extreme heat alerts are issued
• Developed a heat smartphone
app
Heat Illness Campaign
Extended for 2013
• Compliance assistance
and outreach continues
• Focus on preventing
heat illness to outdoor
workers.
• Water, Rest, Shade
– Fact Sheet and Posters
English/Spanish
eLaws – New OSHA Cadmium Biological
Monitoring Advisor
FAA Proposes Policy to Improve Flight
Attendant Workplace Safety
• 2-½ months of OSHA response activities (47 operational
periods)
• Conducted >1,500 outreach briefings & reached >40,400
workers
– >9,130 non-English speaking
• Conducted >3,000 field interventions impacting >20,875
workers
– 7,712 of whom were removed from danger
• 72 enforcement activities; 273 employees removed from
hazards via enforcement activities
• >1,800 hazards addressed
Emerging Issues
RF Exposure
Emerging Issues
Isocyanate Exposures - Green Jobs
Emerging Issues
OSHA’s Distracted Driving Initiative
Distracted Driving Campaign
•
More workers are killed each year in
motor vehicle crashes than any other
cause
•
Distracted Driving publication available
•
Primarily focuses on texting while driving
as texting utilizes more of our cognitive
senses (mind, hands and eyes)
•
Enforcement component for employers
that require texting while driving or
organizes work that texting while driving is
a practical necessity
Emerging Issues
Methylene Chloride
Globally Harmonized System of
Classification and Labeling of Chemicals
(GHS)
• 1992 United Nations mandate
adopted at the “Earth Summit”
• US supported the process and
actively participated
• Results in changes to hazard
communication standard
• Final rule published in the
Federal Register on March 26,
2012. Fully effective June 2016.
Globally Harmonized System of
Classification and Labeling of Chemical GHS
• A common, coherent approach to
classifying and communicating chemical
hazards
• Proposes:
– Harmonized definitions of hazards
– Specific criteria for labels
– Harmonized format for safety data sheets
Why is a common approach
needed
• Countries with systems that address these
needs have adopted different requirements
for hazard definitions as well as information
to be included on a label or material safety
data sheet.
• This impacts both protection and trade.
Why is a common approach
needed
GHS
16 Physical Hazard
Classifications
10 Health Hazard
Classifications
Designation of Categories of Hazard
Determines Label Elements
Pictogram – Hazard Statement – Signal Word
Precautionary Statements
16-Section Safety Data Sheet
GHS Physical Hazards
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•
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Explosives
Flammable gases
Flammable aerosols
Oxidizing gases
Gases under pressure
Flammable liquids
Flammable solids
Self-reactive substances and mixtures
Pyrophoric liquids
Pyrophoric solids
Self-heating substances and mixtures
Substances and mixtures which, in contact with water, emit flammable
gases
Oxidizing liquids
Oxidizing solids
Organic peroxides
Corrosive to metals
GHS Health Hazards
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•
•
•
•
•
•
•
•
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Acute Toxicity
Skin corrosion/Irritation
Serious eye damage/eye irritation
Respiratory or skin sensitization
Germ cell mutagenicity
Carcinogenicity
Reproductive toxicity
Specific target organ toxicity – Single exposure
Specific target organ toxicity – repeated exposure
Aspiration hazard
Modifications to Labels
• Sample Hazard Statements
– Fatal if in contact with skin
– Extremely flammable aerosol
– May cause cancer
• Two Signal Words
– Danger
– Warning
Label Example
Current HCS
Minimum requirements
Revised HCS
Minimum Requirements
SDS Format
• 16 Section Format
– Modeled after ANSI Z400.1
• Information requirements for the GHS
SDS are the same as current OSHA
MSDS requirements
Format and elements for GHS
compliant Safety Data Sheet
1.Identification of the substance or mixture and of the supplier
2.Hazards identification
3.Composition/information on ingredients Substance/Mixture
4.First aid measures
5.Firefighting measures
6.Accidental release measures
7.Handling and storage
8.Exposure controls/personal protection.
9.Physical and chemical properties
10.Stability and reactivity
11.Toxicological
12.Ecological information (non mandatory)
13.Disposal considerations (non mandatory)
14.Transport information (non mandatory)
15.Regulatory information (non mandatory)
16.Other information including information on preparation and revision of the SDS
National Emphasis Programs
• Combustible dust
• Federal agencies
• Flavoring
chemicals/diacetyl
• Hazardous machinery
(amputations)
• Hexavalent chromium
• Lead
• Primary metals
• Air traffic control
monitoring
• Petroleum refinery
process safety
management
• Process safety
management covered
chemicals facilities
• Shipbreaking
• Silica
• Trenching & excavation
• Nursing and residential
care facilities
Local Emphasis Programs
Buffalo Area Office
• Fall hazards in
construction
• Heavy highway and
bridge construction &
maintenance
• Gut rehabilitation &
demolition
• Amputations
• Health high hazard - Top
50
• Federal agencies
• Warehousing & refuse
handlers and haulers
• Construction worksiteslocal targeting
• Landscaping &
horticultural services
worksites
• Isocyanates
• Crystalline silica
• Lead
Enforcement Stats
(FY 2012 – BFAO)
• 671 inspections conducted
– 532 safety (79%)
– 139 health (21%)
– 464 programmed (69%)
– 207 unprogrammed (31%)
• 2 accident
– 380 construction (57%)
– 291 general industry (43%)
• 1,610 citations issued
– Approximately 83%
willful, repeat or serious
• $3.4M in penalties issued
• Avg. per serious violation =
$2,135
Significant Cases issued in FY 2012
• Wegmans Food Markets, Inc., Rochester, NY - $153,200
• Upstate Niagara Cooperative, Inc., Rochester, NY $200,300
• Sorrento Lactalis, Inc., Buffalo, NY - $241,000
• Wal-Mart Supercenter Store #2859, Rochester, NY $365,500
• Aria Contracting Corp., Orchard Park, NY - $56,000
• Gray Metal Products, Avon, NY - $90,000
Significant Cases FY 2013
• Rosina Food Products, West Seneca, NY - $54,750
FY 2012 Fatalities
• Eberts Electric, • Linata Design and
Inc.
Manufacturing
Electrician
electrocuted by
energized 277V
lighting system
Lead person was
pinned by 6,000
steel beam
FY 2013 Fatalities
• CTS Construction, Inc., Westfield, NY –
Employee struck by vehicle in highway
workzone (investigation ongoing)
Top Ten Hazards
Top 10 Violations in FY 2012
1.
2.
3.
4.
5.
Fall protection, construction
(1926.501)
Hazard communication,
general industry (1910.1200)
Scaffolding, general
requirements, construction
(1926.451)
Respiratory protection,
general industry (1910.134)
Control of hazardous energy
(lockout/tagout), general
industry (1910.147)
6.
Powered industrial trucks,
general industry (1910.178)
7. Ladders, construction
(1926.1053)
8. Electrical, wiring methods,
components and equipment,
general industry (1910.305)
9. Machines, general
requirements, general
industry (1910.212)
10. Electrical systems design,
general requirements,
general industry (1910.303)
OSHA OFFICES in NEW YORK
Albany Area Office
Buffalo Area Office
Syracuse Area Office
Tarrytown Area Office
Manhattan Area Office
Long Island Area Office
Queens District Office
Region II Office
518-464-4338
716-551-3053
315-451-0808
914-524-7510
212-620-3200
516-334-3344
718-279-9060
212-337-2378
OSHA Resources
OSHA
www.osha.gov
1-800-321-osha (hot line)
Consultation Programs
New York: NYS Department of Labor/OSHA
(716)847-7166 (Buffalo), Greg Conrad
(585) 258-4570 (Rochester)
www.labor.state.ny.us/workerprotection/safetyh
ealth/DOSH_ONSITE_Consultation.shtm
Contact Information
Gordon J. DeLeys
Compliance Assistance Specialist
Buffalo Area OSHA Office
Deleys.Gordon@dol.gov
716-551-3053
Questions?