ABA – 2012 Enforcement Update Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational Safety and Health Administration
Feb 06, 2016
ABA – 2012Enforcement Update
ABA – 2012Enforcement Update
Richard E. Fairfax, CIHDeputy Assistant Secretary
Occupational Safety and Health Administration
Richard E. Fairfax, CIHDeputy Assistant Secretary
Occupational Safety and Health Administration
Discussion PointsDiscussion Points
Data ChartsTop ten seriesComplaintsSVEPNEPsOSHA Campaigns
Data ChartsTop ten seriesComplaintsSVEPNEPsOSHA Campaigns
FY 2011 End of YearFederal OSHA
Inspection Data
FY 2007 – FY 2011Inspections Conducted
FY 2007 – FY 2011Inspections Conducted
39,324 38,667 39,004 40,993 40,648
0
10,000
20,000
30,000
40,000
50,000
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Programmed vs. %
Unprogrammed
FY 2007 – FY 2011% Programmed vs. %
Unprogrammed
59%
41%
60%
40%
62%
38%
60%
40%
58%
42%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
Programmed Unprogrammed
FY 2007 – FY 2011% Complaint Inspections
FY 2007 – FY 2011% Complaint Inspections
18% 17% 17% 20% 21%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Follow-Up Inspections
FY 2007 – FY 2011% Follow-Up Inspections
2% 2%3% 3% 3%
0%
5%
10%
15%
20%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Inspections In-Compliance
FY 2007 – FY 2011% Inspections In-Compliance
26% 23% 25% 23% 24%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011Total Violations Issued
FY 2007 – FY 2011Total Violations Issued
88,846 87,210 87,66396,742 91,265
0
20,000
40,000
60,000
80,000
100,000
120,000
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Total Violations Issued As
Serious
FY 2007 – FY 2011% Total Violations Issued As
Serious
76% 77% 77% 77% 73%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Total Violations Issued As
Serious, Willful, & Repeat
FY 2007 – FY 2011% Total Violations Issued As
Serious, Willful, & Repeat
79% 81% 81% 82% 78%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% NIC Inspections With Only
Other-Than-Serious Violations Cited
FY 2007 – FY 2011% NIC Inspections With Only
Other-Than-Serious Violations Cited
11% 10% 10% 10% 11%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011Average Penalty Per Serious
Violation
FY 2007 – FY 2011Average Penalty Per Serious
Violation
$918 $998 $970 $1,053
$2,133
$0
$400
$800
$1,200
$1,600
$2,000
$2,400
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Inspections With Violations
Contested
FY 2007 – FY 2011% Inspections With Violations
Contested
7% 7% 7% 8% 8%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011% Construction Inspections
FY 2007 – FY 2011% Construction Inspections
59% 60% 61% 60% 56%
0%
20%
40%
60%
80%
100%
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011Significant Cases
FY 2007 – FY 2011Significant Cases
107121 120
164
215
0
50
100
150
200
250
FY07 FY08 FY09 FY10 FY11
FY 2007 – FY 2011Fatality Investigations
FY 2007 – FY 2011Fatality Investigations
1,043936
797 804 738
0
250
500
750
1,000
1,250
FY07 FY08 FY09 FY10 FY11
FY 2011Top 10 Most Cited Standards
(General Industry)
FY 2011Top 10 Most Cited Standards
(General Industry)1. Hazard
Communication2. Lockout/Tagout3. Electrical, Wiring
Methods4. Powered
Industrial Trucks5. Respiratory
Protection
1. Hazard Communication
2. Lockout/Tagout3. Electrical, Wiring
Methods4. Powered
Industrial Trucks5. Respiratory
Protection
6. Electrical, General Requirements
7. Machine Guarding8. Personal
Protective Equipment
9. Recordkeeping, Forms
10.Mechanical Power Transmission Apparatus
6. Electrical, General Requirements
7. Machine Guarding8. Personal
Protective Equipment
9. Recordkeeping, Forms
10.Mechanical Power Transmission Apparatus
FY 2011 Top 10 Most Cited Standards
(Construction Industry)
FY 2011 Top 10 Most Cited Standards
(Construction Industry)1. Scaffolding2. Fall Protection3. Ladders4. Fall Protection,
Training Requirements
5. Hazard Communication
1. Scaffolding2. Fall Protection3. Ladders4. Fall Protection,
Training Requirements
5. Hazard Communication
6. Head Protection7. General Safety &
Health Provisions8. Aerial Lifts9. Eye & Face
Protection10. Specific
Excavation Requirements
6. Head Protection7. General Safety &
Health Provisions8. Aerial Lifts9. Eye & Face
Protection10. Specific
Excavation Requirements
FY 2011 – Top 10 Serious Violations
FY 2011 – Top 10 Serious Violations
1. Scaffolding2. Fall Protection3. Hazard
Communication4. Lockout/Tagout5. Electrical, Wiring
Methods
1. Scaffolding2. Fall Protection3. Hazard
Communication4. Lockout/Tagout5. Electrical, Wiring
Methods
6. Ladders7. Powered
Industrial Trucks8. Machine
Guarding9. Respiratory
Protection10.Electrical,
General Requirements
6. Ladders7. Powered
Industrial Trucks8. Machine
Guarding9. Respiratory
Protection10.Electrical,
General Requirements
FY 2011 – Top 10 Willful Violations
FY 2011 – Top 10 Willful Violations
1. Excavation, Protective Systems
2. Fall Protection3. Grain Handling
Facilities4. Process Safety
Management5. Asbestos
1. Excavation, Protective Systems
2. Fall Protection3. Grain Handling
Facilities4. Process Safety
Management5. Asbestos
6. Recordkeeping, General Recording Criteria
7. Lockout/Tagout8. Safeguards for
Personnel Protection
9. Lead10.Recordkeeping,
Recording Criteria
6. Recordkeeping, General Recording Criteria
7. Lockout/Tagout8. Safeguards for
Personnel Protection
9. Lead10.Recordkeeping,
Recording Criteria
FY 2011 – Top 10 PSM Violations
FY 2011 – Top 10 PSM Violations
1. 1910.119 J – Mechanical Integrity
2. 1910.119 D – Process Safety Information
3. 1910.119 F – Operating Procedures
4. 1910.119 E – Process Hazards Analysis
5. 1910.119 L – Management of Change
1. 1910.119 J – Mechanical Integrity
2. 1910.119 D – Process Safety Information
3. 1910.119 F – Operating Procedures
4. 1910.119 E – Process Hazards Analysis
5. 1910.119 L – Management of Change
6. 1910.119 G – Training7. 1910.119 O –
Compliance Audits8. 1910.119 H –
Contractors9. 1910.119 I – Pre-
Startup Review10. 1910.119 M –
Incident Investigation
6. 1910.119 G – Training7. 1910.119 O –
Compliance Audits8. 1910.119 H –
Contractors9. 1910.119 I – Pre-
Startup Review10. 1910.119 M –
Incident Investigation
FY 2011 Complaint Inspection Data
FY 2011 Complaint Inspection Data
Total complaints received – 24,959 Total complaint inspections conducted –
8,760Percent Serious – 68%Percent SWR & FTA – 72%Violations per inspection – 3.7Average current penalty per serious
violation - $2,001
Total complaints received – 24,959 Total complaint inspections conducted –
8,760Percent Serious – 68%Percent SWR & FTA – 72%Violations per inspection – 3.7Average current penalty per serious
violation - $2,001
FY 2011 Top 10 Most Cited Standards for Complaint
Inspections
FY 2011 Top 10 Most Cited Standards for Complaint
Inspections Hazard Communication Powered Industrial Trucks Respiratory Protection Electrical – Wiring Methods Lockout/Tagout Electrical – Systems Design Personal Protective Equipment Machine Guarding Recordkeeping – Forms Bloodborne Pathogens
Hazard Communication Powered Industrial Trucks Respiratory Protection Electrical – Wiring Methods Lockout/Tagout Electrical – Systems Design Personal Protective Equipment Machine Guarding Recordkeeping – Forms Bloodborne Pathogens
Amputations NEP – FY 2011
Amputations NEP – FY 2011
Top 10 Most cited standardsLOTOMachine guardingElectrical wiring methodsMechanical power transmissionPowered industrial trucksElectrical – general requirementsHazard communicationAbrasive wheel machineryWoodworking machinery requirementsMechanical power presses
Top 10 Most cited standardsLOTOMachine guardingElectrical wiring methodsMechanical power transmissionPowered industrial trucksElectrical – general requirementsHazard communicationAbrasive wheel machineryWoodworking machinery requirementsMechanical power presses
Combustible Dust NEP – FY 2011
Combustible Dust NEP – FY 2011
Top 10 standards citedHazard communicationRespiratory protectionHousekeepingElectrical wiring methodsLOTOElectrical wiring methodsMachine guardingGeneral duty clause (Section 5(a)(1))Powered industrial trucksGeneral requirements for all machines
Top 10 standards citedHazard communicationRespiratory protectionHousekeepingElectrical wiring methodsLOTOElectrical wiring methodsMachine guardingGeneral duty clause (Section 5(a)(1))Powered industrial trucksGeneral requirements for all machines
SVEPSVEP
As of January 31, 2012, DEP has logged:
242 SVEP cases 50 (21%) SVEP cases are fatalities 27 (11%) cases are egregious, 4 of which were also
fatalities 168 (69%) cases are Non-fatality/Catastrophe Criterion
Related to a High-Emphasis Hazard 1 case is PSM-related Non-fatality/Catastrophe
148 (61 %) of the 242 SVEP cases are in construction 16 (11%) of the 148 SVEP construction cases are
fatalities
As of January 31, 2012, DEP has logged:
242 SVEP cases 50 (21%) SVEP cases are fatalities 27 (11%) cases are egregious, 4 of which were also
fatalities 168 (69%) cases are Non-fatality/Catastrophe Criterion
Related to a High-Emphasis Hazard 1 case is PSM-related Non-fatality/Catastrophe
148 (61 %) of the 242 SVEP cases are in construction 16 (11%) of the 148 SVEP construction cases are
fatalities
SVEPSVEP 22 enhanced settlement agreements
24 company headquarters sent copies of citations and/or notified
1 Section 11(b) case referred to SOL or filed with the courts
Size of Employers (based on # EEs controlled) 131 employers had 1-25 employees (54% of the SVEPs) 52 employers had 26-100 employees (21% of the SVEPs) 21 employers had 101-250 employees (9% of the SVEPs) 38 employers had 251 employees or greater (16% of the
SVEPs)
22 enhanced settlement agreements
24 company headquarters sent copies of citations and/or notified
1 Section 11(b) case referred to SOL or filed with the courts
Size of Employers (based on # EEs controlled) 131 employers had 1-25 employees (54% of the SVEPs) 52 employers had 26-100 employees (21% of the SVEPs) 21 employers had 101-250 employees (9% of the SVEPs) 38 employers had 251 employees or greater (16% of the
SVEPs)
OSHA NEPs in Place (12)OSHA NEPs in Place (12)
Combustible DustRecordkeepingShipbreakingMicrowave popcornCrystalline silicaAmputations
Combustible DustRecordkeepingShipbreakingMicrowave popcornCrystalline silicaAmputations
OSHA NEPs in Place (12)OSHA NEPs in Place (12)
TrenchingFood flavorings – diacetylHexavalent chromiumPrimary metalsLeadChemical facilities
TrenchingFood flavorings – diacetylHexavalent chromiumPrimary metalsLeadChemical facilities
NEPs Under DevelopmentNEPs Under Development
Nursing HomesIsocyanates
Note: There are approximately 150 LEPs in place
Nursing HomesIsocyanates
Note: There are approximately 150 LEPs in place
OSHA CampaignsOSHA Campaigns
Fall Protection
Heat
Public Sector Workers
Fall Protection
Heat
Public Sector Workers
Questions and Discussion
SOL Update and Comments
SOL Update and Comments
Mary Anne GarveyOffice of the Solicitor
Region VU. S. Department of Labor
Mary Anne GarveyOffice of the Solicitor
Region VU. S. Department of Labor
Other Appropriate ReliefOther Appropriate Relief
Tampa EnterprisesAffirm Citation and penaltiesBased upon failure to comply – other
appropriate relief:
Provide monthly report for 2 years of all job sites and dates of work at those sites
Annual training to workers of scaffolding standards – provide training documentation to OSHA
Tampa EnterprisesAffirm Citation and penaltiesBased upon failure to comply – other
appropriate relief:
Provide monthly report for 2 years of all job sites and dates of work at those sites
Annual training to workers of scaffolding standards – provide training documentation to OSHA
Other Appropriate ReliefOther Appropriate Relief
Tampa EnterprisesBased upon failure to comply – other
appropriate relief:
Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years
Implementation of a safety and health management system
Tampa EnterprisesBased upon failure to comply – other
appropriate relief:
Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years
Implementation of a safety and health management system
Other Appropriate ReliefOther Appropriate Relief
Republic Engineered ProductsBased upon failure to comply – other
appropriate relief:
Affirmation of citation and penaltyHire a S & H Consultant to conduct
corporate-wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program
Republic Engineered ProductsBased upon failure to comply – other
appropriate relief:
Affirmation of citation and penaltyHire a S & H Consultant to conduct
corporate-wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program
Other Appropriate ReliefOther Appropriate Relief
Republic Engineered ProductsBased upon failure to comply – other
appropriate relief:
Company to increase union participation in all aspects of their safety and health program
Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program
Republic Engineered ProductsBased upon failure to comply – other
appropriate relief:
Company to increase union participation in all aspects of their safety and health program
Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program