orc western occupational safety and health group the washington scene ann brockhaus steve newell...

ORC WESTERN OCCUPATIONAL SAFETY AND HEALTH GROUP

THE WASHINGTON SCENE

Ann Brockhaus

Steve Newell

June 14, 2006

Copyright © 2006, ORC Worldwide

What We’ll Cover

• Federal OSHA News

• Federal Legislative Update

• The National Implementation Plan for Pandemic Preparedness

• ORC Task Force Activities

• Other ORC Initiatives


NEW OSHA CHIEF

• Edwin G. Foulke, Jr. took reins April 3• Spoke at the May ORC OSH Meeting• “FOJ” (friend of Judi!!)


BackgroundEdwin G. Foulke, Jr.• Partner in Jackson, Lewis law firm

(Greenville, SC) since 1995» Specialized in OSH issues

• 1990 to 1995 - Occupational Safety and Health Review Commission

» Chairman March 1990 to February 1994

» Youngest Chairman in Review Commission history

• Bachelor’s degree with honors (Political Science) - North Carolina State University

• JD degree - Loyola University School of Law

• L.L.M. Masters in Law (Labor Law) from Georgetown University Law Center


Foulke’s Focus • Continue “balanced approach”

• Strong, fair & effective enforcement

• Outreach, education & compliance assistance

• Cooperative and voluntary programs

• Outreach to those needing help most• Medium-sized employers with multiple worksites

• Overcome OSHA “bad cop” reputation so these employers will no longer be afraid to seek free compliance assistance from the agency.

• Plans to attend annual state and local Chamber of Commerce meetings “because that’s the best place to reach companies that don’t belong to national business associations.”

• Asked for ORC member help in getting invitations to local events.

• Will attempt to increase Agency efficiency


ORC Letter to Foulke – April 28

OSHA Should: • Update 1989 S&H Program Management

Guidelines• Reassert leadership and get a PELs process

back on track• Recordkeeping

»Clarify requirements»Complete interactive software»Consider a cooperative compliance approach


ORC Letter to Foulke – April 28(cont.)

• Develop new approaches to targeting• Develop new collaborative initiatives to

improve knowledge and skills of compliance staff

• Make integration of Globally Harmonized System of Classification and Labeling of Chemicals (GHS) into the Haz Com Standard a priority

• Expand efforts to identify and monitor global occupational safety and health issues


OSHA Standards Highlights – GHS Adoption Picking Up Steam?

• ANPR on GHS adoption to be published in June?

• ORC has sent letters to key members of Congress and key agency heads asking that action on adoption of GHS be a “top priority.”


OSHA Standards Highlights – Crystalline Silica-More Delays

• Target date for the next step in the rulemaking process – completion of the peer review of the Health Effects Analysis and Quantitative Risk Assessment for Crystalline Silica – has been pushed back from April 2006 to November 2006.

• No target date for a Notice of Proposed Rulemaking (NPRM) has been announced.


Crystalline Silica-New TLV®

• ACGIH has adopted a new TLV® for crystalline silica of 0.025 mg/m3.

• The previous TLV® for crystalline silica was 0.05 mg/m3.

• Current Federal OSHA PEL for crystalline silica is equivalent to 0.1 mg/m3.


OSHA Enforcement Highlights


FY 2005Top 10 Most Cited Standards(General Industry Only)

1. Hazard Communication

2. Respiratory Protection

3. Lockout/Tagout

4. Powered Industrial Trucks

5. Electrical, Wiring Methods

6. Machine Guarding

7. Electrical, Systems Design

8. Powered Transmission Apparatus

9. Personal Protective Equipment

10.Abrasive Wheel Machinery


FY 2005Top 10 Most Cited Standards(Construction Only)

1. Fall Protection2. Ladders3. Scaffolding4. Excavations5. Fall Protection

Training

6. Construction (General S&H Provisions)

7. Head Protection8. Hazard

Communication9. Mobile Ladder Stands

& Scaffolding10.Excavation,

Protective Systems


Emphasis Programs

• Updating Current National Emphasis Programs (NEPs)

• Amputations

• Lead

• Silica

• Ship breaking operations

• Trenching


Emphasis Programs

• Developing an NEP for Occupational Asthma • 20 to 25 Asthmagens and their industries

• Developing an NEP for MDI and truck bed spray-on liners

• Looking into Short term quick turn around emphasis programs

• EPA data for health targeting


Significant Cases

• Definition:• Any inspection where the penalty exceeds

$100,000• National Office review• Includes Egregious cases

• Last year – 107 cases• So far this year 60+ (more than last year

at this time)

Legislative UpdateLegislative Update109th Congress, 2109th Congress, 2ndnd Session Session

Thanks to Susan Spangler Nussbaum!


109th Congress, 2109th Congress, 2ndnd Session Session


Asbestos LegislationAsbestos Legislation

• Brought to Senate floor 2/14/06

• Unable to muster 60 votes to break filibuster

• Bill withdrawn

• Senator Spector (R-PA) promises to bring back

• Unlikely

• Action moving to state legislatures


Senate Confirmation

Horace “Topper” ThompsonConfirmed for OSHRC

5/19/06


Senate Labor CommitteeConfirmations – Still Pending

Richard Stickler Nominee for

Assistant Secretary of Laborfor MSHA


Mine Safety ReformMine Safety Reform


Mine Safety ReformMine Safety Reform

Sen. Mike Enzi (R-WY) Sen. Robert Byrd (D-WV)


Mine Safety Reform

• Senate – Mine Improvement and New Emergency Response (MINER Act), S. 2803

• Introduced 5/16/06

• Passed Senate 5/24/06

• Referred to House 5/24/06

• House – MINER Act, HR 5432 • Introduced 5/19/06


Mine Safety ReformMine Safety ReformS. 2803 & HR 5432 S. 2803 & HR 5432

• Written accident response plan submitted to DOL

• Liability protection for rescuers

• Mine rescue teams

• Prompt incident notification

• NIOSH expansion to include Office of Mine Safety & Health

• Increased penalties


Enzi OSHA Reform Legislation

Three Bills –

1. SAFE Act

2. Administrative reforms

3. Hazard communication issues

Sen. Enzi (R-WY)


Mid-Term ElectionsMid-Term Elections


Pew Research Center for the Pew Research Center for the People and the PressPeople and the Press

• Study released on 4/20/06

• Voter anger rising with Congress

• 53% do not want to see most lawmakers reelected

• 57% would like to see their lawmaker reelected

• 28% do not want their lawmaker reelected

• A level of personal opposition not seen since October 1994


What does it all mean?


Gridlock Until November


Implementation Plan For The National Strategy For Pandemic Influenza

• Translates the National Strategy for Pandemic Influenza into more than 300 actions for Federal departments and agencies

• Outlines expectations for State and local governments and other non-Federal entities

• Provides guidance for all Federal departments and agencies on the development of their own plans


Six Functional Areas Addressed1. International Efforts - Prevent And Contain Outbreaks

Abroad 2. Transportation And Borders - Slow The Arrival And

Spread Of A Pandemic 3. Protecting Human Health - Limit Spread And Mitigate

Illness 4. Protecting Animal Health - Control Influenza With

Human Pandemic Potential In Animals 5. Law Enforcement, Public Safety, And Security -

Ensure Civil Order During A Pandemic 6. Planning By Institutions - Protect Personnel And

Ensure Continuity Of Operations


Role of Feds Has Limits!

Emphasizes the Importance of Preparedness by Individuals, Communities, and the Private Sector

“The private sector, with targeted and timely guidance from the Federal Government, should develop plans to provide essential services even in the face of sustained and significant absenteeism. Businesses should also integrate their planning into their communities' planning.”


Four Federal Priority Actions In The Implementation Plan

1. Advance International Capacity For Early Warning And Response

2. Limit The Arrival And Spread Of A Pandemic

3. Provide Clear Guidance To All Stakeholders

4. Accelerate The Development Of Countermeasures


ORC Pandemic Preparedness Discussion Series• Purpose: Assist member companies to share approaches

to “real world” pandemic preparedness planning. • Calls are in addition to website posting of pandemic

preparedness resources; expert speakers at ORC meetings; and coordination of meetings with state and local authorities in the western states.

• Call #1 (April 11) focused on strategies for communicating with employees, upper management, and Boards of Directors.

• Call #2 (May 23) addressed communication with suppliers and customers and infection control strategies.

• Call #3 scheduled for June 27, will address respiratory protection against infectious aerosols.


ORC Task Force Activities


Nanotechnology Task Force• Developing a compendium of safe practices

for nanomaterials in the workplace is top priority

• Continuing to collect examples of safe practices submitted by TF members

• Completed first round of peer review of safe practices documents

• Matrix of safe practices documents will be posted in June


Integrated Employee Wellness Strategies Task Force

• 50 + member companies• Challenge = add value and fit in with other

priorities• Approach = to combine task force meetings

with February OSH Physicians Group and June WOSH Group meetings and possibly hold one additional meeting in the fall.

• ORC also working with others such as HERO• HERO meeting in September


Health Enhancement Research Organization – HERO Forum

• What: National conference of corporate thought leaders conducting “How To” workshops on key aspects of employee wellness

• Where: Hyatt Regency Chicago O’Hare

• When: September 18-20, 2006

• ORC members get special discount if you register by June 15!

• How: www.the-hero.org


Other ORC Initiatives


Fatality and Serious Injury Data Sharing Project• What: Archive of case information on fatalities and serious

incidents» Fatalities initially; serious cases to be defined

» Company identifiers kept confidential

» Case detail includes direct cause and root cause

• Why? Improves information available for preventive purposes

» Broader coverage than companies or trade associations

» Faster access than BLS; more in scope cases

• When: Instructions mailed to members April 13 www.orc-dc.com/ebif/InjuryTaskforce/Fatality_Database.asp


S&H Organization Survey Update

• What: Detailed organizational benchmarking» Structure, Staffing, Funding

» Management system and metrics

» Reporting and communication relationships

» Outsourcing

» Qualifications and training

» EBIF a “mover and shaker” in design of 2003 instrument

• Why: It’s time to update the past survey

• When: June


Practice-Wide Focus on Risk• Some ORC members continue to experience fatalities and

serious injuries • “Injuries and illnesses are the (random) consequence of

exposure to risk”• ORC will explore risk from different perspectives in 2006

• Human factors – April EBIF• Culture – May International S&H Forum• Identifying and overcoming barriers – August OSH

Group meeting (breakouts)• Contractors (?) – October EBIF• Risk Guru – November OSH Group meeting


Vehicular Safety• A significant proportion of fatalities (25%) and serious injuries

are caused by motor vehicle accidents.

• ORC is presently surveying the members to assess the potential for adding value to existing services:

• Data benchmarking

• Sharing best practices

• Developing common definitions re. accidents and accident prevention

• Tracking DOT regulations

• Addressing commercial driver issues

• Analyzing vehicle safety for non commercial drivers


Member Web Casts

• Web casts = opportunity or ORC to provide added value to members

• Past web casts include recordkeeping, contractor safety, HIPAA, labor law

• March recordkeeping web cast had 395 registrants; feedback from over 300

• Ideas?!!


ORC Research Consortium?!!• NIOSH, U.C. Berkeley, and Wharton interested in

ORC management system data.• These institutions and others have research

interests that could benefit ORC member companies

• Members have research interests that could be supported by ORC

• Perhaps there would be value in pulling this together under a common umbrella

» Member participation and shared ownership» Could help recognize opportunities and set priorities


ORC Asia-Pacific Health Safety and Environment Forum

• ORC’s CEO Bob Freedman commited to expanding ORC’s business in AP in general, China in particular

• Norman Tan, new ORC VP hired to launch the ORC-OSH business from Singapore office, is extraordinarily qualified

• On board April 10

OTHER ISSUES?

QUESTIONS?

orc western occupational safety and health group the washington scene ann brockhaus steve newell...

Documents