OSHA Update March 15, 2011

OSHA UpdateMarch 15, 2011

Jule A. Hovi, Area Director Toledo Area Office

OSHA at 40!!

“The Workplace Before OSHA" 

14,000 workplace fatalities; 38 fatal workplace events daily

No ‘Right to Know’ the hazards of chemicals you work with

No personal protective equipment requirements

No machine guarding or lock-out/tag-out provisions

No confined space provisions No trenching or excavation rules

to protect from cave-in hazards

Rate of Fatal Work InjuriesContinues to Drop, 1992 – 2009

3.83.7

3.3

4.5

4.84.84.9

5.35.25.2

4.54.3 4.3

4.0 4.0 4.1 4.0 4.0

3

4

4

5

5

6

92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09Source: US Bureau of Labor Statistics

Fatality rates are down

37.7% since 1994

Fatal Work Injuries per 100,000 Workers

The 1970’s

OSHA Act Signed

Dec 29, 1970 NIOSH OSHA Training Institute May 1971 first standards

adopted 1972 first State Plans approved 1975 free consultation service available 1978 Cotton Dust std; “brown-lung” concerns 1978 Lead std for GI (construction lead std 1995)

The 1980’s

Access to medical and exposure records

1983 Hazard communication Updated asbestos Ethylene oxide, formaldehyde, and

benzene Hazardous waste operations and

emergency response 1986 Egregious citation policy for

recordkeeping cases 1989 Lockout/tagout of hazardous

energy sources

1984 Bhopal Explosion kills 2000+

OSHA Starts CHEMSEP

The 1990’s

1993 Confined Space Respirators Personal Protective Equipment 1992 Process Safety

Management Forklift Training 1994 Fall Protection 1995 www.osha.gov webpage

launched 1996 Scaffolds

Blood-borne Pathogens Standard started in this decade

The 2000’s

Refinery NEP Combustible Dust Cranes and Derricks Hexavalent Chromium

The Future

Dr. Michael’s Vision Stronger enforcement: Some employers need

incentives to do the right thing; many will never “self-police” and comply

Ensure that workers have a voice Refocus and strengthen compliance assistance

programs Change workplace culture: Employers must “find

and fix” workplace hazards

National Emphasis Programs

Chemical Plants / PSM Amputations Trenching Crystalline Silica Lead Combustible Dust Federal Agency Air Traffic Control Towers Flavorings Recordkeeping

Local Emphasis Programs Region V

ARRA- Federal Facilities ARRA Roads, Bridges,

Runways and Air Terminals Falls Building Renovation/Rehab

Cal City, Milwaukee, Appleton and OH Only

High Rise Calumet City Only

Lead Illinois Only

Silica Illinois Only

Powered Industrial Vehicles* Grain Handling Primary Metal Industries

WI and OH Only

Construction General Industry

*Applies to construction as well

Combustible Dust

Should be 1/8 inch or less

Process Safety Management

Machine Guarding - Amputations

Electrical Hazards

Powered Industrial Vehicles

Trenching and Excavation

Fall Hazards - Construction

Commercial Building or Residential??

Alternatives for Residential Fall Protection Have Been Rescinded

Effective June 16, 2011, residential construction will no longer be able to use alternative fall protection methods

Conventional fall protection must be implemented

This reverses a 12 year old temporary directive

Silica Hazards

Lead Hazards

Results How will we measure success?

Reducing the number of fatalities associated with the four leading causes of workplace death:

Focus Four: falls, electrocutions, caught in or between, and struck-by

Increasing the number of targeted hazards abated: Targeted injuries and illnesses include: hearing loss in

manufacturing, illnesses in general industry and construction, and workplace amputations

Increase worker and employer awareness of OSHA rights, responsibilities and programs to improve the “voice in the workplace”:

Activities include: expanded outreach and education targeted to small business and vulnerable workers in high risk industries, achieving an increase in health and safety protections and a reduction of occupational injuries, illnesses and fatalities

Whistleblower Protection“Voice in the Workplace”

21 Whistleblower Statutes enforced by OSHA

FY09 Region V Investigations 1873 cases 453 (23%) cases found to have merit Over $12 million in back pay awarded to

complainants 52 reinstatements

Regulatory Agenda“Rulemaking Road Map”

Crystalline Silica Beryllium Airborne Infectious Diseases Methylene Chloride Diacetyl and Food Flavorings with Diacetyl Hazard Communication Driving Backward Hazards

Regulatory Agenda cont’d

Injury/Illness Recording and Reporting Requirements

Power Transmission and Distribution Emergency Response and Preparedness Combustible Dust Confined Space in Construction

Region V Inspections

0

500

1000

1500

2000

2500

3000

FY07 FY08 FY09 FY10

Ohio

Illinois

Wisconsin

Ohio Inspections

0

100

200

300

400

500

600

700

800

900

FY07 FY08 FY09 FY10

Cin

Cle

Col

Tol

Region V FatalitiesFederal States

0

10

20

30

40

50

60

FY07 FY08 FY09 FY10

Ohio

Illinois

Wisconsin

Ohio Fatalities

0

5

10

15

20

25

FY07 FY08 FY09 FY10

Cin

Cle

Col

Tol

Region V Construction Fatalities

0

5

10

15

20

25

FY07 FY08 FY09 FY10

Ohio

Illinois

Wisconsin

Ohio Construction Fatalities

0

1

2

3

4

5

6

FY07 FY08 FY09 FY10

Cin

Cle

Col

Tol

FY 2010 Toledo Fatalities

Nov 5 50’ fall from aerial lift Nov 11 medical assistant struck by motor vehicle Jan 20 sanitary worker struck by motor vehicle Feb 21 head injury from CNC machine Mar 20 head struck by bus chassis Mar 31 crushed by forklift July 7 crushed when roof collapsed July 25 crushed when vehicle tipped over Aug 4 crushed when block wall collapsed Aug 19 bear attacked caretaker Aug 24 tree fell on worker Sept 17 crushed in grain auger

13 non-work related fatals- heart attacks, lacerations, gas explosion, blood clot, legionnaires disease

Ohio Whistleblower Investigations (completed cases only)

0

10

20

30

40

50

60

70

FY07 FY08 FY09 FY10

Cin

Cle

Col

Tol

Region V Significant Cases Greater Than $100,000 (Federal States)

0

2

4

6

8

10

12

14

16

FY07 FY08 FY09 FY10

Ohio

Illinois

Wisconsin

Region V Average Penalty Serious Citations

$850

$900

$950

$1,000

$1,050

$1,100

FY07 FY08 FY09 FY10

Ohio

Illinois

Wisconsin

FY 2010 – ConstructionTop 10 Most Cited Standards

1) Scaffolding2) Fall Protection3) Ladders4) Hazard

Communication5) Head Protection

6) General Safety & Health Provisions

7) Aerial Lifts

8) Excavation Requirements

9) Electrical, Wiring Methods

10) Eye & Face Protection

FY 2010 – General IndustryTop 10 Most Cited Standards

1) Hazard Communication

2) Respiratory Protection

3) Lockout/Tagout

4) Electrical, Wiring Methods

5) Powered Industrial Trucks

6) Electrical, General Requirements

7) Machine Guarding

8) Process Safety Management

9) Personal Protective Equipment

10) Recordkeeping

OSHA’s Cooperative Programs

Alliance Program

OSHA Strategic Partnership Program

Voluntary Protection Programs

Consultation Program & SHARP

Inspection Priorities

Imminent danger Catastrophes Employee complaints and referrals Targeted inspections – high injury/illness rate

industries Follow-up inspections

OSHA Investigations

Phone/Fax

Site visit

Inspection Process

Presentation of credentials Opening conference Walk-through Closing conference

OSHA Citations

List regulations/standards violated

Include proposed penalties

Set deadline for abatement

Contesting Citations

Must be done within 15 working days

In writing to area office

May request an informal conference

Resources

www.osha.gov Duty Officers and Compliance Assistance

Specialists in OSHA offices On-Site Consultation Quick Takes

http://www.osha.gov/as/opa/quicktakes OSHA Quick Cards OTI and Education Centers