OSI OSHA Update Changes and Compliance for FY 2014 Kelly Bubolz Appleton, Area OSHA Office April 17, 2014 Topics What’s up in Washington Recent News We’re working!!! Hazard Communication Initiatives and Emphasis for FY14 Inspections Resources Robert Bonack The NEW Appleton OSHA Area Director New Area Office Team Leaders Charles Shelton Dave Schott From Washington Regulatory Agenda Injury and Illness Prevention Program Confined Spaces in Construction Silica PELs (Permissible Exposure Limits) Recent News HazCom 2012 On March 26, 2012 OSHA adopted a large portion of GHS, the Globally Harmonized System of Classification and Labeling of Chemicals. December 1, 2013 Intro Completed GHS Notable Changes Primary Changes in HazCom 1. Container Labeling 2. Material Safety Data Sheets 3. Employee Training Written Program OSHA did not modify the written hazard communication requirements except for minor terminology edits. Labels Product identifier Signal words Hazard statements Pictograms Precautionary statements Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party Pictograms Red borders required No blank pictograms Safety Data Sheets 16-section safety data sheet (SDS) Several sections will not be mandatory since they address information outside OSHA’s jurisdiction (Sections 12-15) A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section Safety Data Sheet Format 1. Identification of the substance or mixture and of the supplier 2. Hazards identification 3. Composition/information on ingredients 4. First-aid measures 5. Fire-fighting 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 information 12. 13. 14. 15. Ecological information (non-mandatory) Disposal considerations (non-mandatory) Transport information (non-mandatory) Regulatory information (non-mandatory) 16. Other information, including date of preparation or last revision Safety Data Sheet Example GHS Implementation Dates Silica Standard Proposed OSHA's Notice of Proposed Rulemaking (NPRM) for Occupational Exposure to Respirable Crystalline Silica was published in the Federal Register on September 12, 2013. Crane Standard Digger Derrick Exemption Expanded Setting Pad Transformers is exempted Telecommunication work exempted Proposed Certification Extension: May 22,2013 WASHINGTON – The Occupational Safety and Health Administration has announced that it will propose to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. The proposal would also extend to the same date the existing phase-in requirement that employers ensure that their operators are qualified to operate the equipment. Emphasis Programs in WI General Industry for FY 2014 • Amputations • Nursing Homes • Shipbreaking • Lead • Flavorings • Silica • Primary Metals • Dairy Farms • Falls: GI & Con • Grain Handling • Hex Chrome • Combustible Dust • Powered Industrial Vehicles (PIVs)* • Site Specific Targeting (SST) • Chemical Plants/Process Safety • Federal Agencies High Rate of Lost Time Injuries • Isocyanates * Complaint Based or Observed During an Inspection Emphasis Programs in WI Construction for FY 2014 • • • • • • • Lead Silica Falls Trenching/Excavation Hex Chrome Isocyanate Powered Industrial Vehicles (PIVs)* * Complaint Based or Observed During an Inspection 2014 Initiatives Heat Campaign Falls in Construction Plan ahead before starting each and every job. Provide the right equipment. Train workers to properly use equipment when on roofs, ladders, and scaffolds. Drink water often, take breaks, and limit time in the heat to help prevent heat illness. Educate workers on Heat Stress. Acclimate workers to work in hot conditions. Incentive Programs: Performance Metrics Attitudes (set up conditions, behavior) - Perception surveys Program Elements - Training - Accountability - Communications - Planning & Evaluation - Roles & Procedures - Incident Investigations Leading Trailing Metrics Metrics Physical conditions -Inspections -Audits _Risk assessments -Prevention & control Behavior (action) -Observations -Feedback loops ORC Worldwide Metrics Taskforce Incident or Near Miss - OSHA Recordables - Lost Workdays - Restricted Workdays Temporary and Vulnerable Workers “The Expendables” Staffing Agencies + Youth Older Worker Foreign Born Distracted Driving Most Frequently Cited Standards Top 10 For 2013 #1 Fall Protection; 8,241 #2 Hazard communication: 6,156 (refers mainly to labeling hazard chemicals); #3 Scaffolding: 5,423; #4 Respiratory protection: 3,879; #5 Electrical, wiring methods: 3,452; Most Frequently Cited Standards Top 10 For 2013 #6 Powered industrial trucks: 3,340; #7 Ladders: 3,311; #8 Lockout/tagout: 3,254 (refers to protecting employees from hazardous energy sources on machines and equipment); #9 Electrical, general requirement: 2,745; #10 Machine guarding: 2,701 Inspection Process Every establishment covered by the OSH Act is subject to inspection by OSHA Compliance Safety and Health Officers (CSHO's) Most inspections are conducted without advance notice Inspection Process CSHO displays official credentials Opening conference Walkaround inspection Closing conference Conducting the Walkaround Inspection CSHO and accompanying representatives (employer and employee) inspect the establishment for potentially hazardous working conditions CSHO discusses possible corrective actions with the employer CSHO may consult, at times privately, with employees Closing Conference Held with management (and employee representative) after the inspection. CSHO will discuss apparent violations and ways to abate them. Set abatement dates. Review the Employer’s Rights and Responsibilities after an inspection. Will not discuss amount of penalties. What happens after an OSHA Inspection? OSHA may or may not issue citations Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer OSHA Inspection Priorities Priority 1st Category of Inspection Imminent Danger: Reasonable certainty an immediate danger exists 2nd Fatality/Catastrophe: Reported to OSHA; inspected ASAP 3rd Complaints/Referrals: Worker or worker representative can file a complaint about a safety or health hazard 4th Programmed Inspections: Cover industries and employers with high injury and illness rates, specific hazards, or other exposures. Citations and Penalties VIOLATION TYPE PENALTY WILLFUL A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation. SERIOUS A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. There is a mandatory penalty for serious violations which may be up to $7,000. OTHER-THAN-SERIOUS A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may propose a penalty of up to $7,000 for each other-than-serious violation. REPEATED A violation that is the same or similar to a previous violation. OSHA may propose penalties of up to $70,000 for each repeated violation. Eau Claire Madison Appleton Milwaukee Wisconsin Compliance Assistance Specialists Kelly Bubolz U. S. Dept. of Labor - OSHA 1648 Tri Park Way Appleton, WI 54914 (920) 734-4521 Leslie Ptak U. S. Dept. of Labor - OSHA 4802 E. Broadway Madison, WI 53716 (608) 441-5388 Mary Bauer U. S. Dept. Of Labor - OSHA 1310 W. Clairemont Ave Eau Claire, WI 54701 (715) 832-9019 Jim Lutz U. S. Dept. of Labor - OSHA 310 W. Wisconsin Ave Milwaukee, WI 53203 (414) 297-3315 Sources of Help OSHA CONSULTATION SERVICE Through the free consultation service, employers can: Find out about potential hazards at their worksites, Improve their occupational safety and health management systems, and Perhaps qualify for a one-year exemption from routine OSHA inspection. The service is delivered by state governments using well-trained professional staff. Primarily targeted for smaller businesses, this safety and health consultation program is completely separate from the OSHA inspection effort. 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