Osha update june 2011
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OSHA Update -- June 2011. Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational Safety and Health Administration. FY 2007 – FY 2011 Inspections Conducted. FY 2007 – FY 2011 % Programmed vs. % Unprogrammed. FY 2007 – FY 2011 % Complaint Inspections.

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OSHA Update -- June 2011

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Osha update june 2011

OSHA Update -- June 2011

Richard E. Fairfax, CIH

Deputy Assistant Secretary

Occupational Safety and Health Administration


Fy 2007 fy 2011 inspections conducted

FY 2007 – FY 2011Inspections Conducted


Fy 2007 fy 2011 programmed vs unprogrammed

FY 2007 – FY 2011% Programmed vs. % Unprogrammed


Fy 2007 fy 2011 complaint inspections

FY 2007 – FY 2011% Complaint Inspections


Fy 2007 fy 2011 inspections in compliance

FY 2007 – FY 2011% Inspections In-Compliance


Fy 2007 fy 2011 total violations issued

FY 2007 – FY 2011Total Violations Issued


Fy 2007 fy 2011 total violations issued as serious

FY 2007 – FY 2011Total Violations Issued as Serious


Fy 2007 fy 2011 total violations issued as swr

FY 2007 – FY 2011% Total Violations Issued as SWR


Fy 2007 fy 2011 nic inspections with only ots violations

FY 2007 – FY 2011% NIC Inspections with only OTS Violations


Fy 2007 fy 2011 of inspections contested

FY 2007 – FY 2011% of Inspections Contested


Fy 2007 fy 2011 average penalty serious violation

FY 2007 – FY 2011Average Penalty /Serious Violation


Fy 2007 fy 2011 construction inspections

FY 2007 – FY 2011% Construction Inspections


Fy 2007 fy 2011 significant inspections

FY 2007 – FY 2011Significant Inspections


Fy 2007 fy 2011 egregious cases

FY 2007 – FY 2011Egregious Cases


Fy 2007 fy 2011 fatality inspections

FY 2007 – FY 2011Fatality Inspections


Top ten general industry violations

Hazard Communication

Respiratory Protection

Lockout/Tagout

Electrical, Wiring Methods

Powered Industrial Trucks

Electrical, General Requirements

Machine Guarding

Recordkeeping

Personal Protective Equipment

Mechanical Power-Transmission Apparatus

Top Ten General Industry Violations


Top ten construction violations

Scaffolding

Fall Protection

Ladders

Fall Protection, Training Requirements

Hazard Communication

General Safety & Health Provisions

Head Protection

Aerial Lifts

Eye & Face Protection

Excavation, Specific Excavation Requirements

Top Ten Construction Violations


Fy 2011 top 10 serious violations

Scaffolding

Fall Protection

Hazard Communication

Lockout/Tagout

Electrical, Wiring Methods

Ladders

Powered Industrial Trucks

Machine Guarding

Respiratory Protection

Electrical, General Requirements

FY 2011 – Top 10 Serious Violations


Fy 2011 top 10 willful violations

Excavation, Protective Systems

Fall Protection

Grain Handling Facilities

Process Safety Management

Asbestos

Recordkeeping, General Recording Criteria

Lockout/Tagout

Safeguards for Personnel Protection

Lead

Recordkeeping, Recording Criteria

FY 2011 – Top 10 Willful Violations


Fy 2011 top 10 psm violations

FY 2011 – Top 10 PSM Violations

  • 1910.119 J – Mechanical Integrity

  • 1910.119 D – Process Safety Information

  • 1910.119 F – Operating Procedures

  • 1910.119 E – Process Hazards Analysis

  • 1910.119 L – Management of Change

  • 1910.119 G – Training

  • 1910.119 O – Compliance Audits

  • 1910.119 H – Contractors

  • 1910.119 I – Pre-Startup Review

  • 1910.119 M – Incident Investigation


Stuff in the works

Stuff in the Works

  • FOIA Manuals – Whistleblower and Enforcement

  • GHS

    • Referral system for inadequate MSDS

  • SVEP - Serious Violators Inspection Program


Stuff in the works1

Stuff in the Works

NOISE

  • Current policy: 1983 interpretation and current FOM policy

    • CSHO must conduct a cost estimation of a hearing conservation program (HCP) and of engineering controls. 

  • Training

    • We have estimated the cost of a HCP for a large company to be $310-320 per employee per year and for a smaller company the numbers aren't in but we are hearing about $600/per year/employee. 

  • Stakeholder Meeting

  • Public comments

  • New Noise Website


Stuff in the works2

Stuff in the Works

SVEP: As May 31, 2011, DEP has logged:

  • 149 SVEP cases

    • 27 (18 %) of the 149 SVEP cases are fatalities

    • 101 (68 %) of the 149 SVEP cases are Non-fatality/Catastrophe Related to a High-Emphasis Hazard

    • 1 (.7 %) of the 149 SVEP cases are Non-fatality/Catastrophe for PSM

  • 93 (63 %) of the 149 SVEP cases are in construction

    • 9 (10 %) of the 93 SVEP construction cases are fatalities

  • Number of SVEP cases that are egregious cases: 20 (14 %) of 149 SVEP cases


Stuff in the works3

Stuff in the Works

SVEP

  • In addition, there have been:

    • 4 Follow-up inspections

    • 13 General Industry- Related inspections, 1 of which was also an SVEP

    • 1 Construction-Related inspection

  • The Regional Offices also reported:

    • 15 enhanced settlement agreement

    • 20 company headquarters were sent copies of citations and/or notified

    • 0 Section 11(b) case referred to SOL or filed with the courts

  • Size of Employers (size based on # of employees controlled)

    • 73 employers had 1-25 employees, 49 % of the SVEPs

    • 35 employers had 26-100 employees, 24 % of the SVEPs

    • 13 employers had 101-250 employees, 9 % of the SVEPs

    • 27 employers had 251 employees or greater, 18% of the SVEPs


Stuff in the works4

Stuff in the Works

SVEP

  • Removal from te SVEP -


Stuff in the works5

Stuff in the Works

Directives:

  • Workplace Violence

  • Family Fatality

    • CSHO Training

  • Pyrotechnics


Stuff in the works6

Stuff in the Works

CSAs

  • Status of Directive – with Assistant Secretary for signature

  • Major Changes include:

    • Clarifies the distinction between National and Regional CSAs

    • OSHA may initiate negotiation of CSA

    • Broadens the scope of enforcement issues appropriate for a CSA (no longer only egregious)

  • Current Negotiations

    • Sunoco

    • USPS

    • BP

    • CVS


  • Stuff in the works7

    Stuff in the Works

    Penalties

    • Continues to closely monitor metrics captured by IMIS

    • Completing manual data collection to compare impact of penalty changes between FY 10 and FY 11

    • Challenges moving forward:

      • Other OSHA policy changes impacting settlement negotiations


    Stuff in the works8

    Stuff in the Works

    • New NEPs

      • Health Case

      • Metals (Just released)

      • Isocyanates

    • Issues with NEPs

      • How many is enough

      • Should they have a sunset clause

      • Should our strategy change


    Stuff in the works9

    Stuff in the Works

    • Initiatives

      • Grain (will continue)

      • Heat stress

      • Under represented workers


    Stuff in the works10

    Stuff in the Works

    • Social media

      • Apps

      • Customer service project

      • Click and fix

    • ERGO


    Standards

    Standards

    • Backing Operations – RFI, August 2011

    • Backing vehicles and equipment are common causes of struck-by injuries and can also cause caught between injuries when backing vehicles and equipment pin a worker against something else.

    • OSHA is seeking comment on technological and non technological solutions to prevent back over incidents.


    Standards1

    Standards

    • Consensus Standards-Acetylene – DFR, August 2011

    • Construction Confined Spaces – Final – Fall 2011


    Standards2

    Standards

    • Cranes & Derricks-Underground & Demolition – DFR, August 2011

      • The final rule for Cranes & Derricks was issued on August 9th, 2010. This DFR will ensure that the Cranes & Derricks standard is applied to subsectors of construction work, demolition, and underground construction that were previously exempted from coverage.


    Standards3

    Standards

    • HazCom/GHS – Final, August 2011

      • This final rule modifies the current HCS to align with the provisions of the United Nations’ (UN) Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The modifications to the HCS will improve the quality and consistency of information provided to employers and employees regarding chemical hazards by providing harmonized criteria for classifying and labeling


    Standards4

    Standards

    • Infectious Diseases, Stakeholder Meeting, July 2011

    • Injury and Illness Prevention Program, SBREFA, June 2011

    • SIPs III – Final – Published June 8th, 2011


    Standards5

    Standards

    • Reinforced Concrete – ANPRM, June 2011

      • Current rules regarding reinforcing steel and post-tensioning activities do not adequately address worker hazards in work related to post-tensioning and reinforcing steel.

      • OSHA is seeking public comment on Post-tensioning and Reinforcing Steel from professionals who work in the post-tensioning and reinforcing steel field and will consider rulemaking to prevent worker deaths and injuries related to these operations.

      • OSHA hopes to determine whether a new rule is necessary, and, if so, what hazards need to be addressed.


    Questions

    QUESTIONS

    ???????


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