aba – 2003: occupational safety and health law...

ABA – 2003: Occupational Safety and Health Law Committee

Richard Fairfax, CIH

Director, Enforcement Programs

Total Inspections Conducted

34,34336,350 35,778 37,493

0

10,000

20,000

30,000

40,000

50,000

FY'99 FY'00 FY'01 FY'02

Programmed vs. Unprogrammed Inspections

15,528

18,96718,397 18,141 17,878 18,025

20,511

16,982

0

10,000

20,000

30,000

FY'99 FY'00 FY'01 FY'02

Programmed Unprogrammed

Inspections ConductedSafety vs. Health

26,659

7,839

27,888

8,720

27,961

7,943

29,463

8,030

0

10,000

20,000

30,000

40,000

FY'99 FY'00 FY'01 FY'02

Safety Health

Inspections By Industry

0

6,000

12,000

18,000

24,000

FY'99 FY'00 FY'01

Const Mari MFG Other

Federal OSHA Fatality Investigations

1,150 1,129

1,0121,063

0

200

400

600

800

1,000

1,200

1,400

FY'99 FY'00 FY'01 FY'02

Percent of Inspections Contested

10% 10% 9% 8%

0%

20%

40%

60%

80%

100%

FY'99 FY'00 FY'01 FY'02

Percent of Inspection In-Compliance (Closed Cases Only)

35% 34% 33% 32%

0%

20%

40%

60%

80%

100%

FY'99 FY'00 FY'01 FY'02

Percent of Inspections Not In Compliance -- With Serious Violations

83% 80% 83% 84%

0%

20%

40%

60%

80%

100%

FY'99 FY'00 FY'01 FY'02

Percent Inspections Not In-Compliance -- With Only Other Violations Issued

15% 18% 15%13%

0%

20%

40%

60%

80%

100%

FY'99 FY'00 FY'01 FY'02

Percent Of All Violations CitedAs Serious

65% 64% 68% 70%

0%

20%

40%

60%

80%

100%

FY'99 FY'00 FY'01 FY'02

Percent Of Inspections WithS,W,R, & Unclass Violations

68% 68% 71% 73%

0%

20%

40%

60%

80%

100%

FY'99 FY'00 FY'01 FY'02

Note: S,W,R, & Unclass = Serious, Willful, Repeat, & Unclassified Violation Types

Average Penalty Per Serious Violation

$906 $901 $930 $878

$0

$250

$500

$750

$1,000

FY'99 FY'00 FY'01 FY'02

Top Cited Standards

1910.1471910.1471910.1475.

1910.1341910.1341926.5014.

1926.5011926.5011910.1343.

191012001926.4511926.4512.

1926.45119101200191012001.

FY 2002FY 2001FY 2000

Whistleblower Issues

� New Statutes Now Covered by OSHA

� Air 21

� Section 806 of the Corporate and Criminal fraud Accountability Act of 2002 (CCFA)

� Generally referred to as “Sarbanes-Oxley Act”

� Section 6 of the Pipeline Safety Improvement Act of 2002 (PSIA).


� OSHA receives 1800 to 2000 valid complaints per year

� These are the complaints actually processed – not the number received.

� Most are covered under Section 11(c) of the OSH Act


� Air 21 addresses workers addressing air carrier safety issues

� April 1, 2002 OSHA published an interim final rule – 29 CFR 1979

� Implemented procedures and time frames for handling complaints

� The final rule for Air 21 is scheduled to be published in May of this year.


� Air 21 addresses workers addressing air carrier safety issues (cont.)� OSHA has received a total of 126 complaints

through February 15th 2003.� 75 were filed in FY 2002 alone

� 75% were dismissed or withdrawn

� 25% were either settled or a favorable finding to the complainant was found

� Through FY 2002 the Office of the ALJ had heard and issued decisions on 34 Air 21 appeals.


� Sarbanes-Oxley became effective on July 30, 2002.� The law covers any company with a class

of securities registered under Section 12 of the SEC Act of 1934.

� The Sarbanes-Oxley Act is patterned after Air 21.

� An interim Rule is scheduled to be published this May of this year.


� Sarbanes-Oxley became effective on July 30, 2002 (cont.).

� During its first seven months OSHA received 44 complaints.

� 13 investigations have been completed

� One complaint has made it to the ALJ for processing


� Most recently OSHA has been charged with Administering the whistleblower provisions of the Pipeline Safety Improvement Act

� Signed into Law on December 15, 2002.

� One complaint has been filed as of February 14th.

Ergonomic Issues

� Secretary’s Four Pronged Approach

� Guidelines

� Enforcement

� Ergonomics Research (Advisory Committee)

� Compliance Assistance

Ergonomic Issues

� Guidelines

� Nursing Homes

� Poultry Industry

� Retail Grocery

Ergonomic Issues

� Enforcement

� Site Specific Targeting

� Nursing Home National Emphasis Program

� Local Emphasis Programs

� Warehousing

� Meat packing

� Automotive parts manufacturing

� Hospitals

Ergonomic Issues

� Enforcement

� Nursing Home NEP

� 9/17/2002 through 1/31/2003

� 246 inspections opened

� Ergonomic related Inspection (non Nursing Homes)

� 1/1/2002 through 1/31/2003

� 63 Inspections opened

Ergonomic Issues

� Enforcement� 33 Ergonomics Hazard Alert Letters issued since

September of 2002.

� Ergonomic case development in conjunction with the OSHA Solicitors

� National ergonomics coordinating inspection team is in place

� Use of outside experts on cases moving toward citation.

� Four general Duty Clause Violations have been issued recently

SST Inspections

� Site Specific Targeting (SST)� 14,000+ letters were mailed to establishments

with an LWDII rate above 6.0 on February 10 and 11

� SST for FY 2003 will start four to six weeks later

� LWDII cut-off for the SST is unknown at this time

� Nursing Homes will remain separate in the Nursing Home National Emphasis Program

� Low rate establishments in a high rate industry (sample) will be included in the SST

Current Compliance Projects

� Update Silica National Emphasis Program – in progress

� Recalcitrant Employers – OSHA is looking at

� Lock Out – Tag Out Directive has been revised and is out for internal review and comment� Posted on WEB for external comment

� 1910.269 Compliance Directive will be final and out by the end of March of this year.

Current Compliance Projects

� Confined Space Directive will be completed once the settlement with API is finalized

� OSHA is revitalizing the Corporate Settlement Agreement Process.

� Five agreements have been undertaken within the last few months

QUESTIONS

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aba – 2003: occupational safety and health law...

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