· Top 10 Violations 1. Fall Protection –General Requirements (1926.501) 2. Hazard Communication (1910.1200) 3. Scaffolding (1926.451) 4. Respiratory Protection

www.PacificSafetyFest.com

Division of Occupational Safety and Health (CalOSHA)

Dan LeinerArea Manager

Cal/OSHA Consultation Services

Pacific Safety Fest 2019CSUDHMarch 21, 2019

Federal OSHA

Loren DelicanaAssistant Regional Administrator

Cooperative and State Programs Occupational Safety and Health Administration

Pacific Safety Fest 2019CSUDHMarch 21, 2019

OSHA’s Continuing Mission

Every year more than 4,500 Americans diefrom workplace injuries.

Perhaps as many as 50,000workers die from illnesses in which workplace exposures were a contributing factor.

Millions of workers suffer a serious nonfatal injury or illness annually.

U.N. International Labor Organization Statistics

Annually approximately 2,000,000workers die from workplace illnesses and injuries, at least 350,000 from accidents

This translates to 5,000to workers each day, 3 workers every minute

For every one fatal accident, an estimated 1,000 workers suffer a serious nonfatal injury or illness annually

Source: BLS

• 5,147 workers died from occupational injuries in 2017.

• This number decreased slightly from the 5,190 in 2016.

The 2017 all-worker fatal work injury rate was 3.5

fatal work injuries per 100,000 full-time equivalent

workers (FTEs).Source: BLS

Safety Pays

Investing in Safety:

saves lives

prevents injuries

saves you money

Workplace injuries and fatalities cost our economy $151 billion in 2016. (NSC Injury Facts)

Even one workplace injury can have a huge financial impact on small businesses

Employers with good safety records attract and retain good employees

www.osha.gov/dcsp/smallbusiness/safetypays/index.html

Federal OSHA Organization

National Office, Washington D.C.

10 Regional Offices

Region IX located in San Francisco

90 Area Offices

Region IX – Oakland, San Diego, Phoenix,

Las Vegas, Honolulu

Federal OSHA in California

Oakland Area Office

• Jurisdiction - north of San Bernardino County

• 3 compliance officers

San Diego Area Office

• Jurisdiction - San Bernardino County Line and

south

• 3 compliance officers

Jurisdiction in California

Federal OSHA

– Federal employees

– Military bases

– National Parks

– Reservations

– Maritime

Cal/OSHA has majority of private employers and

state/local governments

State Plans

22 State Plans covering private sector and state/local government workers

6 State Plans covering only state/local government workers

State Plans must be at least as effective as federal OSHA

www.osha.gov/dcsp/osp

Cal/OSHA

Headquarters

– Enforcement Branch

– Consultation Branch

– Various “Units”

26 Enforcement Offices

7 Consultation Offices

California’s Consultation Program

Seven Area Offices

Available for on-site, phone or email consultations

Title 8 of the California Code of Regulations is the minimum to which employers must protect employees

Key Tools OSHA Uses

Enforcement

Outreach

Compliance Assistance

Employer Responsibilities

Provide a workplace free from serious recognized hazards (OSH Act general duty clause)

Comply with applicable OSHA standards

Provide safety training required by OSHA standards in a way that workers can understand

Post the OSHA poster, report fatalities and severe injuries, and comply with injury/illness recordkeeping requirements

www.osha.gov/as/opa/worker/employer_responsibility.html

Top 10 Violations

1. Fall Protection – General Requirements (1926.501)

2. Hazard Communication (1910.1200)

3. Scaffolding (1926.451)

4. Respiratory Protection (1910.134)

5. Lockout/Tagout (1910.147)

6. Ladders (1926.1053)

7. Powered Industrial Trucks (1910.178)

8. Fall Protection – Training Requirements (1926.503)

9. Machine Guarding (1910.212)

10.Eye and Face Protection (1926.102)

Most frequently cited Federal OSHA standards during Fiscal Year (FY) 2018 inspections

www.osha.gov/Top_Ten_Standards.html

Top 10 Violations in Construction

1. Fall Protection –General Requirements (1926.501)

2. Scaffolding (1926.451)

3. Ladders (1926.1053)

4. Fall Protection – Training (1926.503)

5. Eye and Face Protection (1926.102)

6. General Safety and Health Provisions (1926.20)

7. Head Protection (1926.100)

8. Aerial Lifts (1926.453)

9. Hazard Communication (1910.1200)

10. Fall Protection – Systems Criteria and Practices (1926.502)

Most frequently cited Federal OSHA construction standards during FY 2018 inspections

California Consultation

Local Emphasis Programs

Lockout/Blockout Heat Confined Space Silica Tree Trimming Machine Guarding Trenching Noise Fall Protection

Federal OSHA Local

Emphasis Programs

in CA

Amputations Construction Warehousing and Powered

Industrial Trucks Ship/Boat Building and Repair Federal Agencies Hotel and Casinos Longshoring

Cal/OSHA Penalty Levels: 2019

Type of Violation New Maximum

• Serious and• Other-Than-Serious• Posting Requirements

From $13,047 to $25,000 per violation

Willful or Repeated $9,319 to $130,464 per violation

Failure to Abate$15,000 per day

beyond the abatement date

Federal OSHA Penalty Levels: 2019

Type of Violation New Maximum

• Serious and• Other-Than-Serious• Posting Requirements

$13,260 per violation

Willful or Repeated $132,598 per violation

Failure to Abate$13,260 per day

beyond the abatement date

www.osha.gov/penalties

Inspections by Federal OSHA

• In FY 2018, federal

OSHA conducted

32,020 inspections.

• State Plans

conducted 40,993

inspections.

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

50000

3932438667 39004

40993 40614 4096139228

36174 35820

31948 32408 32020

Multi-Employer

What is it? Any worksite: permanent or temporary More than one employer Most common on temporary worksite Permanent with outside contractors

Multi-Employer versus Dual-Employer Dual: employee has two employers at same time Multi and Dual not mutually exclusive

Types of Multi-Employer

Controlling Employer•Responsible for the safety and health conditions at the worksite•Has authority to correct the violation•Demonstrated by:

–Explicit contract provisions–The power to control safety results by exercising or failing to exercise contract authority–Actual practice: behavior among employers makes clear authority

Correcting Employer Has specific responsibility to correct the violative condition Safety can be subcontracted

Types of Multi-Employer

Exposing Employer Employer whose employees are exposed to violative condition Affirmative Defense available to “exposing employers”

–Not fault of employer–Has been created or allowed to go uncorrected by other employer–Taken reasonable steps to protect its employees–Employer’s burden to demonstrate it applies

Creating Employer Employer who creates violative condition May not even be at the site when other violation occurs

Evidence for Type of Employer

Foreseeability–Frequency in employer’s line of work–Recognized in industry practice–Existed at worksite for substantial time

Awareness of violative condition–When? Longer time increases responsibility

Reasonable steps to protect employees–Employer’s degree of control–Actual steps taken

Multi-Employer Solutions

Contractors pre-screened for safety Safety clearly spelled out in written contracts Safety clearly communicated in written rules,

memos, meetings and trainings Thorough and clear communication between

contractors Consistent enforcement of safety policy

Confined Space in Construction

Communicate – there’s a joint responsibility Owner with the GC, GC with the Subs, Subs with each

other Identify CS and label by Competent Person Prevent entry Entry only by employer with written Permit Space Program Permit space entry notification of Controlling Employer

Employer Responsibilities:Recordkeeping and Reporting

OSHA Poster

Recordkeeping Requirements

Reporting Fatalities and Severe Injuries

Electronic Submission of Injury/Illness Data

Cal/OSHA Poster – It’s the Law!

It’s Free

It’s Required

Post in a conspicuous location

Includes employer and employee rights and responsibilities

Includes listing of all Enforcement and Consultation offices

https://www.dir.ca.gov/dosh/dosh_publications/shpstreng012000.pdfl

OSHA Poster – It’s the Law!

It’s Free

It’s Required

Post in a conspicuous location

State Plans may have their own versions

www.osha.gov/Publications/poster.html

Recordkeeping

Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses.

Certain low-risk industries are exempted

Minor injuries requiring first aid only do not need to be recorded.

Recordkeeping Forms

OSHA Form 300 – Log of Work-Related Injuries and Illnesses

OSHA Form 301 – Injury and Illness Incident Report

OSHA Form 300A – Summary of Work-Related Injuries and Illnesses. This form must be posted from Feb. to April every year.

Electronically Submitting Injury, Illness Data

Covered employers must electronically submit info from their OSHA Form 300A to OSHA using OSHA’s Injury Tracking Application

Applies to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses

2018 Form 300A data must be submitted by March 2, 2019

www.osha.gov/injuryreporting

California Recordkeeping Resources

Recordkeeping Webpage

E-correspondence/contact us

https://www.dir.ca.gov/dosh/etools/recordkeeping/index.html

[email protected] - Van Nuys

[email protected] - Fresno

[email protected] - San Diego

[email protected] - Sacramento

[email protected] - Oakland

[email protected] - alma

[email protected] - San Bernardino

Recordkeeping Resources

Recordkeeping Webpage

Local OSHA Offices

E-correspondence/Contact Us

www.osha.gov/recordkeeping

www.osha.gov/html/RAmap.html

www.osha.gov/html/Feed_Back.html

Reporting Fatalities and Severe Injuries

All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.

A fatality must be reported within 8 hours.

An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

www.osha.gov/report.html

How to Report Fatalities and Severe Injuries

During business hours, call the nearest OSHA office

Or call the OSHA 24-hour hotline 1-800-321-6742 (OSHA)

Or report online at www.osha.gov/report.html

Reporting Fatalities and Severe Injuries in California

All employers are required to notify the local

Cal/OSHA Enforcement office of any

serious injury or illness, or death, of an

employee in connection with any employment.

A fatality or serious injury must be reported within 8 hours or within reported within 24 hours with exigent circumstances.

Serious is defined as 24 hours hospitalization with treatment, loss of bone or permanent disfigurement.

https://www.dir.ca.gov/dosh/report-accident-or-injury.html

How to Report Fatalities and Severe Injuries in California

Employers must immediately report to Cal/OSHA

any work-related death or serious injury or

illness. We encourage employers to do so by telephone, 24 hours a day, 7 days a week.

At the website type in zip code of accident location: https://www.dir.ca.gov/dosh/report-accident-or-injury.html

Call the phone number of the local District office.

Whistleblower Protections

Report unsafe conditions and injuries to management or to OSHA

Assist an OSHA investigation

Request PPE

Under the OSH Act, employees have the right to:

What Rights Do Employees Have?

Whistleblower Protections

Reducing pay or hours

Firing, laying off, or suspending a worker

Reassigning, disciplining, or demoting

Harassing, threatening, or intimidating

Blacklisting from hiring

What is “Retaliation”?

Employers cannot retaliate against workers who exercise their rights. Retaliation includes:

www.whistleblowers.gov

OSHA Rulemaking

See the Regulatory Agenda for the status of OSHA’s rulemaking

www.reginfo.gov

Walking-Working Surfaces and PPE (Fall Protection) Rule

MAIN EFFECTIVE DATES

Rule overall: January 17, 2017

Training: 6 months after publication

Building anchorages for RDS: 1 year after publication

Fixed ladder fall protection: 2 years after publication

Installation of ladder safety system or personal fall arrest system on fixed ladders: 20 years after publication

CAUTION

Silica Standard: Compliance Dates

Construction: June 23, 2017

Most construction employers are expected to use Table 1

General Industry/Maritime: June 23, 2018

Employers must comply with the action level trigger for medical surveillance by June 23, 2020. (The PEL is the trigger from June 23, 2018 through June 23, 2020.)

OSHA Publications

www.osha.gov/publications

Compliance Assistance Specialists

Work out of OSHA’s Area Offices

Provide general information about OSHA’s standards and compliance assistance resources

Available for seminars, workshops, and speaking events

www.osha.gov/dcsp/compliance_assistance/cas.html

California Cooperative Programs

Golden Gate Recognition

Safety and Health Achievement Recognition Program (SHARP)

Voluntary Protection Programs (VPP)

www.osha.gov/dcsp/compliance_assistance/index_programs.html

Other Outreach Initiatives and Resources

Temporary Workers

Young Workers

Workplace Violence

Spanish-Language Resources

Multi- Employer Worksites

Confined Space in Construction

Protecting Temporary Workers:A joint responsibility

Both host employers and staffing agencies have roles in complying with workplace health and safety requirements and they share responsibility for ensuring worker safety and health.

Legally, both the host employer and the staffing agency are employers of the temporary worker.

Shared control over worker = Shared responsibility for worker

California Temporary Workers Outreach: Outreach & Education

Partnership with Labor Occupational Safety and Health at UC Berkeley

Cal/OSHA Fact Sheet for Staffing Agencies and Host Employers: https://www.dir.ca.gov/dosh/dosh_publications/Protecting-Temp-Agency-Employees-fs.pdf

www.osha.gov/temp_workers

Protecting Young Workers

www.osha.gov/youngworkers

Workers <25 years old were twice as likely to end up in the emergency room as those 25 and older

Prevent Workplace Violence

OSHA RECOMMENDS:

Policy Statement

Hazard/Threat/Security assessment

Workplace controls and prevention strategies

Training and education

Incident reporting and investigation

Periodic review with employee input

www.osha.gov/SLTC/workplaceviolence

Prevent Workplace Violence

Cal/OSHA: §3342, Violence Prevention in Health Care Advisory Committee for General Industry

Regulation www.dir.ca.gov/dosh/doshreg/Workplace-Violence-in-General-Industry

Until adopted, think IIPP https://www.dir.ca.gov/dosh/PubOrder.asp

Spanish-Language Resources

Dictionaries

Videos

800 Number

Publications

OSHA Poster

OSHA Webpage

FY 2019 Outreach Events

National Work Zone Awareness Week Apr 8-12, 2019

Fall Prevention Stand-Down May 6-10, 2019

Heat Illness Prevention May 24, 2019

Work Zone Awareness Week April 8-12, 2019

Annual spring campaign held at the start of construction season to encourage safe driving through highway work zones

OSHA’s Roadway Workzone Alliance supports the week and developed this poster

www.nwzaw.org

Fall Prevention Stand-DownMay 6-10, 2019

OSHA’s Sixth Annual Stand-Down to Prevent Falls in Construction

Open to any organization in any industry

www.osha.gov/StopFallsStandDown

California Heat Illness Prevention Update

• Changed “shade up” trigger temperature from 85o to 80o F

• Water as close as practicable

• Ag employees: cool down periods

• Acclimatization

• New high-heat procedures at 95o F

• Emergency response procedures

• Written procedures at work site

https://www.dir.ca.gov/dosh/heatillnessinfo.html

OSHA Heat Illness Prevention

Heat illness sickens thousands and results in the deaths of dozens of workers each year

Campaign educates employers and workers on danger of working in heat

Resources include OSHA-NIOSH heat safety app

Informal launch is May 24, 2019 (“No-Fry Day” – Friday before Memorial Day)

www.osha.gov/heat

OSHA Trenching Initiative

Trenching Fatalities

Years 2011 2012 2013 2014 2015 2016

Trench

Fatalities in all

Industries

21 17 22 13 25 37

Trench

Fatalities in

Construction

13 13 17 10 17 33

Trench Safety Stand-DownJune 17-22, 2019

www.nuca.com/tssd

www.naxsa.org

Safe + Sound Campaign

Goal: Every workplace should have a safety and health programthat includes management leadership, worker participation, and a systematic approach to finding and fixing hazards.

Good for workers and businesses’ bottom line

Targets small and medium-sized businesses

National Safe + Sound Week: August 12-18, 2019

Injury and Illness Prevention Program:Seven Core Elements

Responsible Person

Communication

Compliance

Hazard identification and assessment

Hazard correction

Accident Investigation

Training

Outreach Training Program

Provides workers with training about common safety and health hazards Construction General IndustryMaritime Industry Disaster Site Worker

Students get OSHA 10-hour or 30-hour course completion card

More than 1 million students trained in FY 2018

Region 9 OTI Education

Centers

Region 9 Susan

Harwood Grantees

• State Building and Construction Trades Council of California

• BIA - Hawaii• UC San Diego• Asian Immigrant Women Advocates• Community Services and Employment Training,

Inc.• California Rural Legal Assistance, Inc.• Kern County Builders Exchange• Port of San Diego Ship Repair Association• UC Berkley - LOHP• Sonora Environmental Research Institute, Inc.• BPSOS Center for Community Advancement, Inc.

OSHA QuickTakes

Free OSHA e-newsletter delivered twice monthly to more than 200,000 subscribers

Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards

Sign up at www.osha.gov

www.osha.gov/quicktakes

Contact Cal/OSHA

Go to link: https://www.dir.ca.gov/dosh/

Submit email questions through Cal/OSHA Consultation Service’s Information Consultation at [email protected]

800-963-9424

Contact your local OSHA Area Office

Contact Federal OSHA

Toll-free hotline: 1-800-321-OSHA (6742)

Submit email questions through OSHA’s website at www.osha.gov

Contact your local OSHA Area Office