MIOSHA Update

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Presented By:
Martha Yoder, Director
www.michigan.gov/miosha
(517) 322-1817
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Occupational Safety & Health Administration
Martha Yoder
Director
Bart Pickelman
Deputy Director
Adrian Rocskay
General Industry S&H
Patty Meyer
Construction S&H
Ron Ray
Technical Services
Nella Davis-Ray
CET
Dawn Jack
Appeals
MIOSHA’S Mission
Help protect the safety,
health, earned wages
and fringe benefits of
Michigan workers.
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New Radiation Safety
 Registration
of 10,000 X-Ray
Facilities; 30,000 machines
 Inspections of Mammography
Machines in 300 facilities
 Investigate radiation incidents of
excessive radiation doses to workers
4
MIOSHA Overview
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
242 MIOSHA Staff
65 Compliance officers
32 Consultants
17 Regulation Agents
18 Physicists
63 Administrative Support and Analysts
47 Supervisor/Managers


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
5,249 Safety and Health Inspections
13,069 MIOSHA Violations
$6,284,429 Levied in fines
4,548 Wage and Hour Claims
$2,240,943 Collected in wages/benefits for workers
2,947 Radiation Safety Inspections

Office of Regulatory Reinvention
(ORR)
•
•
•
Reviewing rules that go above Federal
OSHA
Criteria - Find rules that are obsolete,
unnecessary, and over burdensome
Goal – Not eliminate any rules that would
jeopardize employee health and safety.
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Status of ORR Changes
Other Standard Activity
Hazard Communication Standard revision
adopted Globally Harmonized System

OSHA Standard Effective May 25, 2012

MIOSHA Standards Effective December 21,
2012

Training Deadline December 1, 2013
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New


MIOSHA Advisory Committees
Appointed by the Agency
“Holistic” in charge
 Rule Language
 Implementation Strategy
 Tools, Resources, Training Needs
 Create “Best Practices”
 Project Based
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FY 2009-13 Strategic Plan
Goal 1: Reduce exposures,
injuries, illnesses, fatalities.
Goal 2: Promote benefits of
positive safety culture.
Goal 3: Strengthen public
confidence in MIOSHA.
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10
Results: Industries Achieving
20%/Greater Reduction
Plastics & Rubber (326), 24.1%
 Nonmetallic Mineral Products (327),
48%
 Fabricated Metal Products (332), 28.1%
 Transportation Equipment
Manufacturing (336), 23.2%
 Construction fatalities, 35%

11
Results: Industries Achieving
Reductions Less than 20%
Wood Products (321), 7.5%
 Machinery Manufacturing (333), 14.3%
 Transportation Equipment
Manufacturing (336), 14.6%
 Hospitals (622), 16.7%
 Construction (DART), 10%

12
Results: Industries with
Increases
Beverage & Tobacco (321), 43.5%
 Primary Metal (331), 20.2%
 Merchant Wholesalers, Nondurable
Goods (424), 8.9%
 Nursing & Residential Care (623), 6.7%

13
Results: Construction
Construction Fatalities, 35% decrease
 Construction TRC, 18.3% decrease

14
New
MIOSHA Strategic Plan
Cover Fiscal Years 2014 – 2018
• Stakeholder Focus Groups in October
• Draft Plan
• Stakeholder Feedback Group in May
• Submitted to federal OSHA June 2013
• Posted on web page
•
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New

MIOSHA Strategic Plan
New Industries:
 Support for Transportation
 Warehousing & Storage
 Accommodations

Returning:
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
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Beverage & Tobacco
Fabricated Metal products
Primary Metal Mfg.
Machinery Mfg.
Nursing & Residential Care Facilities
Transportation Equipment Mfg.
Construction
New
•
MIOSHA Strategic Plan
Construction
• Increase presence during nontraditional hours
• Focus on work activities with greatest fatality incidence
• Focus on work activities with greatest exposure to health hazards
• Targeted outreach
New

New Outreach Initiatives:

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



MIOSHA Strategic Plan
Agriculture
Temporary Service Agencies
Public Employers and Employees
Air Contaminants
Tree Trimming/Tree Felling
Awareness Articles/Education Materials
 Focused toward targeted industries
 Top violations
 Targeted safety and health checklists
New

MIOSHA Strategic Plan
Promotional Events/Awareness Campaigns
 Take a Stand Day
 Forums
 Coffee with MIOSHA
 Mass Mailings
 Presentations

Material Lifting and Repetitive Motion
 Develop staff knowledge
 Develop tools
 Provide recommendations
New

MIOSHA Strategic Plan
Promote Safety and Health Management
Systems
 100% MIOSHA
 60% General Industry employers w/MIOSHA visit
implement
 Create SHMS resources sheet for MIOSHA website
 Enforcement referrals to CET
 Develop/publish case studies
○ Best practices
○ Near-miss reporting
NEW: MTI Strategic Plan Initiatives
Develop and pilot new management track
course
 Explore additional Boot Camp opportunities
 Pursue undergraduate credit for MTI courses
 Explore additional professional certification
maintenance options
 Survey graduates

New
•
MIOSHA Strategic Plan
Increase Participation in Cooperative Programs
• Michigan Voluntary Protection Program
• Michigan Safety and Health Recognition Achievement
Program
• Partnerships and Alliances
Connecting MIOSHA to Industry

Encourage cooperation and collaboration
 Reinforce the “good”
 Create shared ownership for worker safety and
health by employers, employees, and MIOSHA
 Coffee with MIOSHA
 Updated Enforcement and Appeals Brochure
 Protecting Workers in Tough Economic Times
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Workplace Violence
 1.7 Million workers injured annually due to workplace
assaults (NIOSH)
 Violent workplace incidents 18% of all violent crime in
the US (BLS)
 Assaults and violent acts 10th leading cause of nonfatal
occupational injury (Liberty Mutual)
 $400 million in annual costs to employers (Liberty
Mutual)
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Workplace Violence: MIOSHA Policy
 No MIOSHA Rule. If issues identified, addressed by the
“General Duty Clause”
 Addressed by law enforcement, MIOSHA typically
declines to investigate.
 Issues within the control of the employer may be
investigated.
○ Working with the public
○ Handling money/valuables
○ Working alone/small numbers
○ Working with volatile persons
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Huntsman: Yes I Am!
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Georgia Pacific: Tailgates &
Preshift Meetings

Monday morning tailgates
 1st hour of every shift
 Specific safety requirements
 Concerns/alerts/near misses, other plant issues

15 Minute Pre-shift Meetings
 Prior to the start of each shift
 All team members
 Discuss new safety concerns, alerts, near
misses, observations
 After safety, machine and quality issues
discussed.
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Significant Case Summary

11/21/13, Auto Supplier, $128,900
 4-Serious, 4 Repeat Serious, 1 Repeat Other, 2
Other

11/9/13, Stamping Plant, $103,300
 12 Failure to Abate, 4 Serious, 1 Other

11/1/13, Steelmaker, $431,100
 14 Serious, 20 Repeat Serious, 11 Other, 19
Repeat Other.

9/27/13, Wastewater Treatment, $126,600
 Combined total issued to 5 employers following a
fatality.
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General Industry: Planned
Inspection of Packaging Plant
Issued May 13, 2013
 Total initial assessed penalties,
$117,800.
 14 violations.

 6 Repeat-Serious and 8 Serious violations.
Issues included confined space,
machine guarding, guarding for power
transmission, and lockout/tagout.
 This case is currently under appeal.

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General Industry: Planned
Inspection of Tube Manufacturer
Issued June 7, 2013
 Total initial assessed penalties,
$151,000
 5 violations

 2 Willful/Serious, 2 Serious, and 1 Other-
than-Serious violations.
Issues included machine guarding and
lockout/tagout.
 This case is currently under appeal

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Construction: Fatality & Related
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A 36 year old roofer fell 22 feet through a
deteriorated roof while in the process of
replacing the metal decking.
Issued July 19, 2013,
Initial assessed penalties, $144,000
Roofing contractor.
16 Violations
 15 Serious and 1 Repeat/Serious
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
The violations were mainly for fall protection
issues and inadequate accident prevention
program.
This case is currently under appeal.
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Residential Contractor LLC v MIOSHA
Facts:
Citations:
Owner of Single Member LLC observed installing a new roof on a
residential home by himself on a multi-employer worksite.
No conventional fall protection system in use. Part 45, Fall Protection.
Side rails of portable ladder used to exit roof did not extend 3 feet above
the upper landing surface. Part 11, Fixed and Portable Ladders.
Issue:
Is the owner of a single member Limited Liability Company (LLC)
an employer covered by the MIOSH Act?
Ruling:
The LLC is a separate legal entity and an employer. The owner is
an employee.
Factors:
Owner performed tasks an employee would generally be permitted to
perform;
Owner received financial return (small salary & dividend draws); and
Owner hired other employees periodically throughout the year.
Programmed Inspection Case
Facts:
Employer stipulated to existence of violations and employee hazards, but contested
asserting it was shielded from inspections as a result of using CET services and the
penalties imposed were arbitrary, discriminatory and excessive.
Specifics: A health and safety inspections resulted in multiple violations and an initial proposed
penalty of $42,500.
•
•
•
Ruling:
Employer contended an agreement had been signed 3-4 years ago to work with
CET and believed this exempted them from inspection.
CET records indicated the company used services approximately 3 years prior to
the inspection. However, no subsequent or current activity with CET.
Regarding penalties, the employer provided copies of citations issued to other
employers with smaller penalties to support the claim that penalties were
arbitrary/capricious.
Regarding the CET question, the judge ruled there was no evidence to support the
company had a continuing exemption from inspections and therefore he inspection
and resulting citations were proper.
Regarding the penalties, the judge concluded many of the cases used for comparison
did not have enough information to determine whether the circumstances were similar.
Also, the company contended penalty adjustment factors were not applied correctly.
The judge concluded the adjustments were applied properly.
RPM – Reinventing Performance in
Michigan

GOALS
 A 25% improvement –satisfaction- regulatory process.
 A 50% improvement -customer response time.
 100% of customer facing regulatory materials used/needed.
 An overall 50% reduction in forms.

KEY MESSAGES
 Michigan will be a national leader for satisfaction on regulatory issues,
bringing state government closer to the business customer.
 RPM will save businesses a tremendous amount of time and money
and create an environment for improved growth and job creation.
 Michigan is not done reinventing state government. A regulatory
system that is second to none will play a major role in Michigan’s
continuing comeback.
MIOSHA: Stay Connected!

MIOSHA News - published quarterly

MIOSHA eNews – sent via email
monthly
Provides updates on policy changes
and program activities


Sign-up on MIOSHA website
MIOSHA on
Facebook
Twitter and
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Eleven Deaths In 80 days
So far in 2013, Michigan has experienced one employee death
approximately every 7 days. As of March 22, MIOSHA is investigating
the deaths of 11 employees. If this rate were to continue, Michigan
would end the year with over 50 MIOSHA- related deaths. This would
be the greatest number of worker deaths since 2006. Last year there
were 26 MIOSHA-related deaths. 2009 saw the lowest number with
24. Worker deaths in 2013 include four falls, two crushed, three struckby, one cave-in, and one run-over incidents.
We urge every employer and employee to be proactive by taking
the action necessary to ensure your workplace is safe. If you need
help or assistance in ensuring your workplace is safe, MIOSHA is here
with resources to help. The Consultation Education & Training (CET)
Division provides workplace safety and health training and
consultations to employers and employees throughout Michigan free of
charge. Contact CET today at
(800) 866-4674 or submit a request
online at www.michigan.gov/cetrca.
Every life is precious. Our mutual goal must be that every
employee goes home at the end of their shift every day!
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Summary of Worker Fatalities - 2013
Date
1/17/13
Occupation/Ag
e/Type of Injury
Assistant Manager
36-years-old
Crush
1/18/13 Materials Handler
42-yearrs-old
Crush
1/23/13 Carpenter
20-years-old
Fall
1/24/13- Laborer
accident 56-years-old
1/28/13- Cave-in
died
2/06/13 Bus Operator
48-years-old
Run over
Description
Locatio
n
Run over by a tractor while trying to remove a railroad Turner
timber using a tractor loader with a front bucket.
Operating a crane and was crushed by beams that fell
out of the sling being carried by the crane.
Belleville
Employee fell approximately 19’ from a high-pitch
residential roof while installing shingles.
Coldwate
r
Employee was working in a 12’ deep excavation to
repair a leaking water main when a section of the side
collapsed, and died later.
Grosse
Isle
Employee dropped off last fare & stepped out of
bus. Bus began to roll , tried to reenter, was run over
by the rear tires.
Mt.
Morris
MIOSHA Act: Signed June 18, 1974
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Michigan Injury & Illness Rates
Private Sector (U.S. BLS data)
rates per 100 full-time workers
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MIOSHA Program-Related Fatalities
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MIOSHA’S Commitment
Be
proactive
Do what it takes
Make a difference
Keep people safe &
healthy on the job.
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O Our job is not done!
More to do…
u
r  26 MIOSHA related deaths in 2012
J
o
b

12 U.S. workers lost their life each day
in 2010

4,600 U.S. workers lost their lives in
2011
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Take Action!
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•
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•
•
•
•
Read safety publications;
Belong to professional organizations;
Utilize insurance company audits;
Conduct internal self-inspections;
Form a safety committee;
Contact CET for assistance;
Acquire an understanding of the MIOSHA
standards;
• Appoint an in-charge person for safety.
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T
h
a
n
k
Y
o
u

Partnering with MIOSHA
 Making worksite safety & health
a priority
 For all you do…
every day…
every job!
“You Make a Difference!”
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Questions?
Comments
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