CALIFORNIA INDUSTRIAL HYGIENE COUNCIL 20 th Annual Conference December 6-8, 2010 San Diego, CA

1. CALIFORNIA INDUSTRIAL HYGIENE COUNCIL20th Annual Conference December 6-8, 2010San Diego, CA Cal/OSHA Overview Chris Lee, Deputy Chief Cal/OSHA Enforcement

2. Cal/OSHA • Mission • To enforce the provisions of Title 8 of the California Code of Regulations, and to provide assistance to employers, owners, operators and others to comply with Title 8 standards and regulations. • Goal • Reduce injuries, illnesses and fatalities among the approximate 14 million working men and women in California.

3. Federal OSHA and State Programs • The Occupational Safety and Health Act of 1970 created an opportunity for federal-state partnerships to promote safety and health • Section 18 allows states to develop and enforce occupational safety and health standards in the context of an OSHA-approved plan • 27 states and territories have been approved • 21 states and Puerto Rico have complete programs for private and public sectors • Four states and the US Virgin Islands have public sector programs only • Currently, state programs deliver the OSHA program to 40% of the nation’s workplaces, and federal OSHA responsible for the other 60% • State plan standards and enforcement must be ALAEA federal OSHA • Additionally, state programs operate under authority of state law, not delegated federal authority – thus, in order to operate its own plan, a state must enact and equivalent of the federal OSHA Act and must use administrative and regulatory procedures to adopt its own standards, regulations and operating procedures

4. Leadership Through Innovation • Commitment to worker safety and health formalized in 1914 with creation of the California Industrial Safety Commission • Unique among state OSH programs • OSHSB – one of only three states to promulgate standards • Cal/OSHA Advisory Committee • Special Advisory Committees – HEAC, HIP, ATD • Injury and Illness Prevention Program (Section 3203) since 1991 – Fed OSHA looking at “I2P2” • EEEC • Created in 2005 • Multi agency effort to reduce underground economy • sweep inspections in 7 selected industrial sectors

5. Leadership Through Innovation Cont. • Cal/OSHA Consultation Service • At employer’s request • No citations • 3,500 visits last year • Partnership Programs • Cal VPP • SHARP • Golden Gate • Public Safety Program • Permits (ex. trenches 5’ deep +) • Registration (ex. Asbestos Abatement Contractor) • Certification (ex. Cranes) • Notification (ex. Lead Work Pre-Job)

6. Leadership Through Innovation Cont. • “Bottom Line” • Pursue every opportunity to promote Cal/OSHA’s mission • Use an integrated approach • Enforcement • Consultation • Technical Assistance • Voluntary Compliance • Standards Promulgation • Training and Education • Ultimate Goal • Not to issue citations and levy penalties, rather to change the culture of the employer community through the use of all the tools available to us

7. DOSH Structure

8. Resources Overview • Staffing: • 708.5 authorized positions; 634 filled as of 10/31/10 for all DOSH (Enforcement; Mining & Tunneling, Elevator Ride & Tramway, and Targeted Inspection & Consultation) • Approximately 72 enforcement staff have health/industrial hygiene background • Funding: • 2010 – 2011 Enforcement Grant = $73.9 M total – Federal @ $27.4 M – State @ $46.5 M (37% vs. 63%) • 2010 – 2011 Consultation Grant = $9.3 M – Federal @ $5.2 M – State @ $4.1 M (56% vs. 44%) • Total: $83.9 M

9. Occupational Safety and Health (OSH) Fund • 2007 effective migration of DOSH from General Fund Revenues to OSH Fund. • Labor Code Section 62.5 was amended to allow an additional worker compensation assessment of employers to support the mandated activities of the Cal/OSHA program. • These assessments provide a stable funding source to allow the courts to resolve claims more quickly, to assure safety and health conditions on the job to prevent injuries from occurring, and to improve the overall operation of Cal/OSHA organization.

10. Operating Constraints • Hiring freeze – hard – no exceptions • Workforce cap • State vehicle reduction • Furloughs = gone; replaced with 1 day/month – 5% pay reduction)

11. Budget Change Proposal • BUDGET CHANGE PROPOSAL (a proposal to change the level of service or funding sources for activities authorized by the Legislature, or to propose new program activities not currently authorized) • Targeted Agricultural Enforcement Program – education/enforcement to build upon the $1.5 M outreach program and to transfer some enforcement responsibility from EEEC • Medical and Toxicology Unit – permit the Research and Standards unit to amend current and propose new PELs • Professional and Training Development Unit • Occupational Safety and Health Standards Board • Occupational Safety and Health Appeals Board

12. Five Year Strategic Goals Three Goals (FFY 2008 – 2012): Goal 1: To improve workplace safety and health for all workers, through direct intervention methods that result in fewer hazards, reduced exposures, and fewer injuries, illnesses, and fatalities. Goal 2: Promote workplace cultures that increase employer and employee awareness of, commitment to, and involvement in safety and health. Goal 3: Maximize Cal/OSHA's capabilities by improving the effectiveness and efficiency of CAL/OSHA’s programs and services.

13. FFY 2011 Performance Goals • Reduce fatalities and occupational injuries and illnesses in • Agriculture; • Construction; • Refineries; • Public sector employment • and other selected high hazard industries; • Continued focus on heat illness prevention education and enforcement • Work with food flavoring manufacturers to identify and eliminate the risk to employees of exposure to Diacety • Improve communication with and education to high-risk vulnerable employee populations regarding workplace safety and health rights, responsibilities, and hazards. • Improve citation lapse time.

14. CY 2009 Inspection Indicators Inspections by industry : 26% Construction 18% Manufacturing 18% Services 15% Agriculture 7% Retail trade 5% Transportation/public utilities 4% Mineral extraction 3% State/local govt. 2% Wholesale trade 1% Financial real estate • 8,445 total inspections (22% health inspections) • 17,477 total violations • $ 27.5 million in penalties • 106 violations with sampling • 313 serious health violations

15. Nonfatal Injury and Illness Incidence Rates

16. Heat Illness Enforcement Activities * As of November 11, 2010

17. Division’s Health Activities/Special Initiatives • 3395 Heat Illness Prevention • Regulatory changes effective November 4, 2010 include: • Shade present to accommodated 25% of employees on the shift at any time when temperatures exceed 85 degrees. • High Heat procedures for agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery of agricultural, construction material or other heavy material. • Enforcement activities • Over 2,800 inspection conducted in 2010 (YTD) • Compliance with 3395 up from 32% in 2006 to approximately 80% in 2010 (YTD) • Educational campaign • Training sessions • Training materials • Radio and Billboards • 5193 Bloodborne Pathogens • Petition to amend bloodborne pathogens to specifically address health hazards in adult film industry.

18. Division’s Health Activities/Special Initiatives cont’ • 5197 Diacetyl(effective December 2, 2010) • Applies to all flavoring and food manufacturing facilities that utilize diacetyl and food flavorings containing 1% or greater concentration of diacetyl. The new rule requires covered employers to perform an exposure assessment, establish regulated areas, implement engineering and work practice controls, provide respiratory protection, provide medical surveillance including health questionnaires and pulmonary function tests, provide medical removal job protection for up to six months, provide specific hazard communication training and labeling, maintain records, make a one-time reporting to the Division and address other diacetyl substitutes. • Aerosol Transmissible Disease (effective August 5, 2009) • Employers must implement common infection control measures in order to protect employees from those threats and to enable the employees to continue to provide health care and other critical services without unreasonably jeopardizing their health. • Collaboration with the California Department of Public Health (CDPH) , Centers for Occupational and Environmental Health , local health departments, etc., to conduct training and/or train-the-trainer sessions. • Issued first ATD related citations in April 2010 in response to exposure to bacterial meningitis case. Over $100,000 in proposed penalties to medical facility. Local fire, police and medical transportation service also cited.

19. Division’s Health Activities/Special Initiatives cont’ • Brazilian Blowout (Hair Smoothing Product Safety ) • Evaluating whether these products meet California and Federal OSHA's labeling and other right-to-know requirements regarding formaldehyde content. • Investigating complaints regarding the exposures of employees who handle, apply, or in other ways are exposed to these products. • Guidance document available at www.dir.ca.gov • Nanotechnology • Exposure to nanomaterials covered under T8CCR 3203 IIPP and 5141 Control of Harmful Exposure • Continued corroboration with Cal/EPA who is lead state agency • Corroboration with academic groups such as the UC system on nonomaterial use in the academic workplace

20. Advisory Process for PELs • POLICY - DOSH will periodically update the list of PELs in Title 8 with the assistance of a 3-step advisory process • PROCEDURES • Selection of substances by Division staff from recognized professional associations and governmental agencies for review that includes an initial advisory meeting • Health Expert Advisory Committee (HEAC) – used to review the scientific literature and where appropriate, make recommendations for a new or revised PEL • HEAC recommendations are then considered by the Feasibility Advisory Committee (FAC) to evaluate technical and economic feasibility • RULEMAKING DOCUMENTS – in developing the draft Initial Statement of Reasons for submission to the OSHSB, the Division will develop and provide: • The occupational exposure level • The health based exposure limit recommended by the HEAC and a summary of the basis for the recommendation • Findings of the FAC • The basis for the Division’s draft proposed PEL for each substance where it differs from the FAC or HEAC recommendation

21. New and Revised PELs PEL changes Effective August 3, 2010 include: • New PEL for 1-bromopropane 5 ppm 8-hour TWA  (1/2 TLV) Degreasing substitute for ozone-depleters. Set on reproductive effect. Also recent cancer finding in animals. Concern also with neurological effects, esp. at higher levels of exposure. • New PEL for refractory ceramic fiber 0.2 f/cc 8 hour TWA (1/2 TLV) Especially tear-outs of this product used in high temperature industrial furnaces large & small • Nickel PELs revised to current TLV levels: Nickel metal, as Ni   __    1 0.5 mg/M3 8hr TWA Grinding of mild steel (possible) and esp. high nickel alloys (60%) used especially in marine applications        Nickel, insoluble compounds, as Ni    __    1  0.1 mg/M3 8hr TWA    This is the most significant of the nickel changes, a 10-fold reduction in the PEL, and could apply to nickel oxide in welding fume so potentially wide application in a range of industries.                          Nickel, soluble compounds, as Ni    __    0.1 0.05 mg/M3 8hr TWA As can be found in plating shops (n) respirable particulate size-selection parameters modified in Title 5155 Table AC-1 to allow for use of more convenient and higher flow aluminum (“SKC type”) cyclone, or prior MSA nylon cyclone (so no need to buy new equipment if already using these).

22. PEL’s cont. • www.dir.ca.gov/dosh/DoshReg/STATUS%20SHEET.xlsPELs project substance status list (for next year or so).   Next step for substances in top group with recommendations from both HEAC and FAC is Standards Board formal regulatory proposals which are currently in process. • www.dir.ca.gov/dosh/DoshReg/PEL%20Priority%20List.xlsPELs project substance priority list. (for possible work further in future)   Priorities 0 and 1 are same as in substance status sheet (above).  Priority 2 is those for possible future work.   Also new TLVs will be considered as they are adopted each year and if relevant to California workplaces. • Next Health Expert Advisory Committee (HEAC) December 14, 2010 in Oakland. Substances planned for discussion include Arsine, Ethanol, Gallium arsenide, hydrogen sulfide, methyl isobutyl ketone, 3 phthalates [butyl benzyl phthalate, di(2-ethylhexyl)phthalate (DEHP), dibutyl phthalate] , n-Propanol, Vanadium pentoxide

23. Legislation • AB 2774 amends Labor Code 6432, which defines a “serious” violation issued by the DOSH. • Establishes a rebuttable presumption that a serious violation exists in a place of employment when there is “reasonable possibility” that death or serious physical harm could result from the “actual hazard” created by the violation. • Allows the employer to rebut that presumption by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the violation, and make this showing by demonstrating that the employer took all steps a reasonable employer would take under the circumstances prior to the violation occurring to anticipate and prevent the violation (such as training, creating procedures to discover and correct hazards and having proper employee supervision). • Requires DOSH to solicit and consider the information in Item (2) from the investigated employer prior to issuing a serious citation. • Defines the term “serious physical harm” to include any injury and illness that would be considered a “serious injury or illness” as currently defined in the Labor Code, and also to include “significant and permanent” impairment or loss of efficiency of part of the body. •  Includes a provision making it clear that a DOSH safety engineer or industrial hygienist can be sufficient by itself to establish each element of serious violation.

24. Enhanced Federal Annual Monitoring (E FAME) Report • 25 state OSH programs evaluated following the State of Nevada • 46 Findings and Recommendations • Complaint response times • Timely verification of abatement • Special Study of the OSHAB • Defining “serious hazard” or interpreting “substantial probability” inconsistent with Federal OSHA interpretations • Scheduling of hearings

25. US Congress Republican Control of House • Education and Labor Committee has oversight over DOL and OSHA – Chair George Miller Will revert to Ranking member – Ranking member John Kline (MN) will likely be new chair • Workforce and Protections Subcommittee has direct oversight over OSHA – Chair Lynn Woolsey Will revert to Ranking member, and Ranking member Cathy Rodgers will likely be new chair • Protecting America’s Workers Act (HR 2067) pending • Move 8.5 million public sector workers under OSHA coverage • Changes to the Whistleblower program • Update civil and criminal penalties

26. Brown Transition • $20 B + budget deficit • 12% unemployment • Hiring freeze = unknown at this time if it will remain intact • Personal Leave Program – 1 unpaid day/month to replace the furlough program • Transition papers for each Department submitted to the Transition team • 1974-1982 – then Governor Brown was supportive of Cal/OSHA and worker safety and health

27. Guiding Principle • As Deputy Chief, my guiding principle every day is to take advantage of every opportunity, and collaborate with all internal and external stakeholders to aggressively promote the mission of the Division. My goal is to ensure to the extent I can that all working men and women in California go home whole and healthy at the end of the day to their families and loved ones.