OSHA Update -- June 2011

1. OSHA Update -- June 2011 Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational Safety and Health Administration

2. FY 2007 – FY 2011Inspections Conducted

3. FY 2007 – FY 2011% Programmed vs. % Unprogrammed

4. FY 2007 – FY 2011% Complaint Inspections

5. FY 2007 – FY 2011% Inspections In-Compliance

6. FY 2007 – FY 2011Total Violations Issued

7. FY 2007 – FY 2011Total Violations Issued as Serious

8. FY 2007 – FY 2011% Total Violations Issued as SWR

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

10. FY 2007 – FY 2011% of Inspections Contested

11. FY 2007 – FY 2011Average Penalty /Serious Violation

12. FY 2007 – FY 2011% Construction Inspections

13. FY 2007 – FY 2011Significant Inspections

14. FY 2007 – FY 2011Egregious Cases

15. FY 2007 – FY 2011Fatality Inspections

16. 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

17. 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

18. 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

19. 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

20. 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

21. Stuff in the Works • FOIA Manuals – Whistleblower and Enforcement • GHS • Referral system for inadequate MSDS • SVEP - Serious Violators Inspection Program

22. 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

23. 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

24. 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

25. Stuff in the Works SVEP • Removal from te SVEP -

26. Stuff in the Works Directives: • Workplace Violence • Family Fatality • CSHO Training • Pyrotechnics

27. 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

28. 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

29. 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

30. Stuff in the Works • Initiatives • Grain (will continue) • Heat stress • Under represented workers

31. Stuff in the Works • Social media • Apps • Customer service project • Click and fix • ERGO

32. 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.

33. Standards • Consensus Standards-Acetylene – DFR, August 2011 • Construction Confined Spaces – Final – Fall 2011

34. 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.

35. 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

36. Standards • Infectious Diseases, Stakeholder Meeting, July 2011 • Injury and Illness Prevention Program, SBREFA, June 2011 • SIPs III – Final – Published June 8th, 2011

37. 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.

38. QUESTIONS ???????