OSHA Update
for ASSE
2014
PRESENTED BY:
Joan M. Spencer
Compliance Assistance Specialist
Tampa Area Office 813-626-1177
2011 - 44
2011 - 390
2011 - 433
2011 - 226
12/4/13 New Jersey: Temporary
worker died in fall after being caught
in a sorter.
• “Host employers need to treat
temporary workers as they treat
existing employees. Temporary staffing
agencies and host employers share
control over the employee, and are
therefore jointly responsible for temp
employee's safety and health. It is
essential that both employers comply
with all relevant OSHA requirements."—
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and
Employer Responsibilities to
Protect Temporary Workers
• OSHA recommends that the temporary
staffing agency and the host employer
set out their respective responsibilities
for compliance with applicable OSHA
standards in their contract. Including
such terms in a contract will ensure
that each employer complies with all
relevant regulatory requirements,
thereby avoiding confusion as to the
employer's obligations.
National Emphasis Programs
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Crystalline silica
Lead
Combustible dust
Oil refineries
Trenching hazards
Amputations
Shipbreaking
Chemical plants
Hexavalent Chromium
Nursing Homes
Primary metals
Isocyanates
Regional Emphasis Programs
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Overhead Powerlines
Falls
Landscaping
Noise
Lead
Silica
Fork lifts
Maritime Inspections
Sanitation and Clean-up operations in
“Food and Kindred Products”
Regional Emphasis Programs
• Silica
• Fork lifts
• Maritime
Inspections
SST 14
• Trigger DARTs and DAFWIIs different for
manufacturing and non-manufacturing
• National Average CY 2011
DART – 1.8
• National Average CY 2011
DAFWII – 1.1
• Comprehensive Safety inspection,
possible health inspection
SST 14 - Scheduling
• Secondary List:
– Manufacturing establishments
• DART rate at or above 5.0 or
• DAFWII case rate at or above 4.0
– Non-manufacturing Establishments
• DART rate at or above 7.0 or
• DAFWII case rate at or above 5.0
• Tertiary List – Trigger rate determined by
Area Office but no establishments with a
DART rate of 3.6 or lower and a DAFWII
case rate of 2.2 or lower will be included
Most Frequently Cited Standards
Manufacturing (SIC 20-39)
Lockout/Tagout
1910.147
Hazard Communication
1910.1200
Machine Guarding – General Requirements
1910.212
Respiratory Protection
1910.134
Electrical – Wiring Methods
1910.305
Powered Industrial Trucks
1910.178
Electrical – General Requirements
1910.303
Machine Guarding – Power Transmission Apparatus
1910.219
Personal Protective Equipment – General
1910.132
Machine Guarding – Abrasive Wheel
1910.215
Most Frequently Cited Standards
Construction (SIC 15-17)
Fall Protection – Duty to Have Protection
1926.501
Scaffolds – General Requirement
1926.451
Ladders
1926.1053
Fall Protection – Training
1926.503
Eye and Face
1926.102
Hazard Communication
1910.1200
Head Protection
1926.100
Aerial Lifts
1926.453
Trenching
1926.651
General safety and health provisions
1926.20
Standards Rulemaking
* Including Semiannual Regulatory Agenda
published 11/26/2013
Standards in Pre-Rule Stage
• Infectious Diseases
• Reinforced Concrete in Construction and
Preventing Backover Injuries and Fatalities
• Review/Lookback of OSHA Chemical Standards
• Bloodborne Pathogens Review *
• Process Safety Management And Flammable
Liquids
• 1915 Subpart E Scaffolds, Ladders and Other
Working Surfaces
Standards in Proposed Rule
Stage
• Amendments to the Cranes and Derricks in
Construction Standard
• Cranes and Derricks in
Construction:
Operator Certification
• Approved State Plans for
Occupational Safety and Health
• Combustible Dust
• Occupational Exposure to Beryllium
Standards in Proposed Rule
Stage
• Occupational Exposure to
Crystalline Silica
• Improve Tracking of Workplace
Injuries and Illnesses
• Clarification of Employer's
Obligation to Make and Maintain Accurate
Records of Work-Related Injuries and Illnesses
• Injury and Illness Prevention Program
• Updating OSHA Standards Based on National
Consensus Standards Eye and Face Protection
Proposed Rule Phase
• Title: Combustible Dust
– The U.S. Chemical Safety Board (CSB) completed a study of
combustible dust hazards in late 2006, which identified 281
combustible dust incidents between 1980 and 2005 that killed
119 workers and injured another 718.
– CSB recommended OSHA to pursue a rulemaking on this issue.
– On July 31, 2005, OSHA published the Safety and Health
Information Bulletin, "Combustible Dust in Industry: Preventing
and Mitigating the Effects of Fire and Explosions."
– OSHA implemented a Combustible Dust National Emphasis
Program (NEP) March 11, 2008.
– ANPRM October 21, 2009 –
– Stakeholder meetings - 2009 and 2010
– Webchat for combustible dust - June 28, 2010.
– Initiate SBREFA – 4/00/2014.
Proposed Rule Phase
• Title: Injury and Illness Prevention Program
– It involves planning, implementing, evaluating, and
improving processes and activities that protect
employee safety and health.
– Build on voluntary Safety and Health Program
Management Guidelines), published in 1989, VPP,
SHARP, ANSI/AIHA Z10 and Occupational Health
and Safety Assessment Series 18001.
– Twelve States have similar rules.
– Stakeholder Meetings - 06/03/2010
– Initiate SBREFA 0 - 1/06/2012
– NPRM - 09/00/2014
Proposed Rule Phase
• Title: Improve Tracking of Workplace Injuries
and Illnesses
– An updated and modernized reporting system
would enable a more efficient and timely
collection of data and would improve the
accuracy and availability of the relevant records
and statistics.
– This proposal involves modification to 29 CFR
part 1904.41 to expand OSHA's legal authority to
collect and make available injury and illness
information required under part 1904.
– Stakeholder Meetings - 05/25/2010
– Comment Period End - 06/18/2010
– NPRM – 11/8/2013
Proposed Rule Phase
• Title: Occupational Exposure to Crystalline Silica
– OSHA permissible exposure limit (PEL) for general industry is
based on a formula proposed by the American Conference of
Governmental Industrial Hygienists (ACGIH) in 1968
– PEL for construction and shipyards (derived from ACGIH's
1970 Threshold Limit Value) is based on particle counting
technology, which is considered obsolete.
– Completed SBREFA Report - 12/19/2003
– Initiated Peer Review of Health
Effects and Risk Assessment – 05/22/2009
– Completed Peer Review - 01/24/2010
– NPRM - 09/12/13
Proposed Silica Standard
• OSHA is proposing two
separate regulatory
texts
– one for general industry
and maritime
– one for construction
• https://www.osha.gov/sil
ica/index.html
Proposed Silica Standard
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50 ug/m3 respirable crystalline silica
Preferred methods for controlling exposure
Respiratory protection,
Medical surveillance,
Hazard communication,
and Recordkeeping.
Proposed Rule Phase
• Title: Occupational Exposure to Beryllium
– 1999 and 2001, OSHA was petitioned to issue an emergency
temporary standard by the United Steel Workers, Public
Citizen Health Research Group, and others.
• OSHA is currently conducting a scientific peer review of its draft
risk assessment
• Economic peer review was scheduled to be completed in June
2011. Request for Information 11/26/2002 67 FR 70707
• Request For Information Comment Period
End 02/24/2003
• SBREFA Report Completed 01/23/2008
• Initiated Peer Review of Health Effects
and Risk Assessment 03/22/2010
• Complete Peer Review 11/19/2010
• NPRM 04/00/2014
Standards in Final Rule Stage
• Procedures for Handling Employee Retaliation
Complaints Under:
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National Transit Systems Security Act;
Surface Transportation Assistance Act;
Federal Railroad Safety Act,
Consumer Financial Protection Act;
Corporate and Criminal Fraud Accountability Act of
2002;
– Seaman's Protection Act;
– Affordable Care Act;
– FDA Food Safety Modernization Act
Standards in Final Rule Stage
• Occupational Injury and Illness Recording and
Reporting Requirements--NAICS Update and
Reporting Revisions
• Vertical Tandem Lifts
• Walking Working Surfaces and Personal Fall
Protection Systems (Slips, Trips,
and Fall Prevention)
• Confined Spaces in Construction
• Electric Power Transmission and
Distribution; Electrical Protective
Equipment
Final Rule Phase
• Title: Occupational Injury and Illness Recording and
Reporting Requirements--NAICS Update and
Reporting Revisions
– OSHA is proposing to update appendix A to subpart B of
part 1904 to include North American Industry Classification
System (NAICS and based on more recent occupational
injury and illness rates.
– Report to OSHA the occurrence of fatalities and certain
injuries.
– NPRM - 06/22/2011
– NPRM Comment Period End - 09/20/2011
– Notice of Reopening of Record - 09/28/2011
– Comment Period End - 10/28/2011
– Final Action 04/00/2014
Final Rule Phase
• Title: Confined Spaces in Construction
• Abstract: In January 1993, OSHA issued a general
industry rule to protect employees who enter
confined spaces - 1910.146). This standard does not
apply to the construction industry because of unique
characteristics of construction worksites. Pursuant
to discussions with the United Steel Workers of
America that led to a settlement agreement
regarding the general industry standard, OSHA
agreed to issue a proposed rule to protect
construction workers in confined spaces
• Final Action: 2/00/2014
Final Rule Phase
• Title: Confined Spaces in
Construction
– Similar to the requirements for Permit
Required Confined Spaces (PRCS)
• Atmospheric Testing Methodology
• Engineering Controls Options for
hazards within the spaces
• Personal Protective Equipment options
Final Rule Phase
• Title: Confined Spaces in Construction
– Provides detailed hazard assessment
guidance
– Clarifies information exchange
requirements
– Provides more guidance for the selection
and training of rescue services and
personal
– Provides more guidance for the selection
of rescue methods
Final Rule Phase
• Title: Confined Spaces in Construction
– Permit Required CS
– Permit Required CS - Continuous System
PRCS (requirements in regulatory text)
– Controlled\Atmosphere
Confined Space
– Isolated Hazard
Confined Space
Final Rule Phase
•
Title: Walking & Working Surfaces; Personal Fall
Protection Equipment (Subparts D&I)
•
NPRM published 5/24/10
http://www.osha.gov/pls/oshaweb/
owadisp.show_document?p_table
=FEDERAL_REGISTER&p_id=
21518
•
Public Hearings held
1/18-21/11
•
Final Rule – 06/00/2014
Final Rule Phase
• Title: Walking & Working Surfaces; Personal
Fall Protection Equipment (Subparts D&I)
– Incorporate the construction scaffolding
standards
– Criteria for fall protection equipment
– Compliance flexibility including travel restraint
systems and designated areas for fall protection
when appropriate.
– Criteria on the proper use of personal fall
protection systems when used by the employer.
Specific Issues
• Fall protection on rolling stock and
motor vehicles
• Fall protection on stacked material
• Qualified climber
• Building anchorage for rope descent
systems
• Technological advances in fall
protection and fall arrest
Subpart D
Existing rule
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1910.21 Definitions.
1910.22 General requirements.
1910.23 Guarding floor and wall
openings and holes.
1910.24 Fixed industrial stairs.
1910.25 Portable wood ladders.
1910.26 Portable metal ladders.
1910.27 Fixed ladders.
1910.28 Safety requirements for
scaffolding.
1910.29 Manually propelled mobile
ladder stands and scaffolds.
(towers).
1910.30 Other working surfaces.
requirements.
Proposed rule
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1910.21 Scope, application, and
definitions.
1910.22 General requirements.
1910.23 Ladders.
1910.24 Step bolts and manhole
steps.
1910.25 Stairways.
1910.26 Dockboards (bridge plates).
1910.27 Scaffolds (including rope
descent systems).
1910.28 Duty to have fall protection.
1910.29 Fall protection systems
criteria and practices
1910.30 Training .
Subpart I - PPE
• Addition of :
• 1910.140 – Fall Protection System
• Appendix C - Personal Fall Protection
Systems - non-mandatory
• Appendix D – Test Method and
Procedures for Personal Fall Protection
Systems – non-mandatory
Final Rule Phase
• Title: Electric Power Transmission and Distribution; Electrical
Protective Equipment
– The annual fatality rate for power line workers is about 50 deaths per
100,000 employees
– Construction industry standard addressing the safety of these
workers during the construction of electric power transmission and
distribution lines is over 35 years old
– Amend the corresponding standard for general industry so that
requirements for work performed during the maintenance of electric
power transmission and distribution installations are the same as
those for similar work in construction
– Miscel. GI standards including electrical protective equipment and
foot protection
– Fall protection in aerial lifts
– NPRM - 06/15/05
– Public Hearing – 2005 and 2006
– Reopen Record - 10/22/08
– Public Hearings - 10/28/09
– Final Rule – 4/11/2014
Electric Power Transmission and
Distribution; Electrical Protective
Equipment
• Affect employers that construct,
operate, maintain or repair electric
power generation, transmission or
distribution installations.
• Host and contract employers must
exchange information and coordinate
their work rules and procedures.
Electric Power Transmission and
Distribution; Electrical Protective
Equipment
• Training based on the degree of risk.
• Line-clearance tree trimmers must have
training on distinguishing exposed live
parts and determining their voltage, as
well as in maintaining minimum
approach distances.
– Minimum Approach Distance Calculator on
webpage
Electric Power Transmission and
Distribution; Electrical Protective
Equipment
• Workers must use fall protection when
climbing or changing location on poles,
towers or other structures. Employees
working from aerial lifts must use body
harnesses to protect against falls.
Work-positioning equipment must be
rigged so that workers can free fall no
more than two feet.
Electric Power Transmission and
Distribution; Electrical Protective
Equipment
• Multiple workers working on the same lines or
equipment must coordinate their activities.
• Employers are required to establish minimum
approach distances using specified formulas.
• Assess the workplace to identify employees
exposed to hazards from flames or from
electric arcs; make reasonable estimates of the
incident heat energy to which the employee
would be exposed; ensure that the outer layer
of clothing worn by employees is flameresistant.
Electric Power Transmission and
Distribution; Electrical Protective
Equipment
• Affected workers must follow “performancebased requirements consistent with current
consensus standards” for electrical protective
equipment, “which replaces outdated
consensus standards.”
• The rule recognizes a new class of electrical
protective equipment, Class 00 rubber
insulating gloves, and adopts new
requirements for electrical protective
equipment made of materials other than
rubber.
National Fall Stand Down
• Kick-Off – June 2nd
• Event – June 2nd – 6th
• https://www.osha.gov/
StopFallsStandDown/
index.html
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spencer.joan@dol.gov