OSHA

Update

PRESENTED BY:Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

OSHA 5-Year PlanReduce fatality rates by 15%

Reduce injury/illness rates by 20%

OSHA LeadershipStrong, fair and effective enforcementOutreach, education and compliance assistancePartnerships and cooperative programs

Strong, Fair and Effective EnforcementNational Emphasis ProgramsRegional Emphasis ProgramsLocal Emphasis ProgramsSite Specific Targeting Enhanced Enforcement Program Referral for Criminal Prosecution, where appropriate11(b) Enforcement

National Emphasis ProgramsTrenchingSilicaLeadAmputations

Regional Emphasis Program Falls in Construction Electrical Hazards Landscaping Inspection Saturation for Florida Swept Up in Safety Weeks

Swept Up in Safety Weeks

One week each quarterMedia releasesOutreachFocus on leading hazards: Scaffolds, Roofing, Trenching, Heavy equipment

Local Emphasis ProgramsTampa

Silica & Other Safety Hazards in Concrete Block, Concrete Products and Ready-mixed Concrete Manufacturing Ship / Boat Building and Repair

Reasons for Strong, Fair and Effective EnforcementToo Many Fatalities

Fatality Investigations by Tampa Area Office

Workplace Fatalities in FY 2005 Tampa 70 Total Fatalities - 23 (or 33%) involved Hispanic Victims

35 Fatalities in Construction - 50% of the total - 17 (or 49%) Involved Hispanic Victims

What happened in 2005 70 Fatalities

Struck-by = 23Falls = 20Electrocution = 10Caught-in = 5Drowning = 6Heat Stroke = 2Burns = 2Overexposure = 2

Workplace Fatalities in FY 2006 Tampa 52 Total Fatalities - 20 (or 38%) involved Hispanic Victims

33 Fatalities in Construction - 61% of the total - 11 (or 33%) Involved Hispanic Victims

What happened in 2006 52 Fatalities

Struck-by = 20Falls = 19Electrocution = 8Caught-in = 1Drowning = 1Heat Stroke = 2Burns = 1

Workplace Fatalities in FY 2007 (to date) Tampa 13 Total Fatalities - 5 (or 38%) involved Hispanic Victims

7 Fatalities in Construction - 54% of the total - 2 (or 29%) Involved Hispanic Victims

What happened in 2007 (to date) 13 Fatalities

Struck-by = 4Falls = 3Electrocution = 1Caught-in = 1Burns = 1Toxic Exposure = 1

EnforcementOSHA's Enhanced Enforcement ProgramFocus on employers who have received "high gravity" citations Follow-Up Inspections Programmed Inspections Public Awareness Settlement ProvisionsFederal Court Enforcement

Issuing Citations under 11(b) of the OSH Act11(b) of the OSH Act authorizes the Secretary of Labor to obtain court orders compelling employers to comply with final Orders of the Review CommissionPowerful tool for those employers who fail to respond to normal enforcement incentives

Issuing Citations under 11(b) of the OSH ActEmployer who violates such a court order can be found in contempt of courtPotential sanctions for contemptDaily failure-to-abate penaltiesRecovery of cost to bring such actionIncarceration of an individual corporate officer who flouts the courts orderAny sanctions to secure compliance

Citation Ranking (FY 06)

Sic 2011-9999Ntl RankRIV Rank1910.147(c) - LOTO111910.212(a) mach. Grd. 231910.1200(e) - HC321910.1200(h) - HC441910.178(l) PIT571910.305(b) Electrical661910.305(g) Electrical751910.134(c) - Respirator88

Citation Ranking (FY 06)

SIC 1500-1799Ntl RankRIV Rank1926.501(b) Fall Pro.111926.451(g) Scaffold Guardrails221926.1053(b) - Ladders351926.20(b) Acc Prev Prgm481926.451(b) Scaf.541926.100(a) Hard hat691926.503(a) Fall Prot Trng7111926.453(b) Aerial Lifts83

OSHA MythsIve got less than 10 employees, so Im exempt from OSHA standards.

I work residential and OSHA doesnt have jurisdiction in residential.We always know when you are coming anyway.Watch out they can shut down your job.Theyll give you a break the first time you violate a standard.

Standard SettingFinal RulesAssigned Protection Factors: Respiratory Protection Hexavalent ChromiumFinal Rule StageRevision & Update of Subpart S Electrical StandardsEmployer Payment for PPEElectrical Power Transmission and Distribution; Electrical PPEVertical Tandem Lifts

Standard SettingProposed Rule StageConfined Space in ConstructionCranes and DerricksWalking Working Surfaces and Personal Fall Protection Systems (1910)General Working Conditions for Shipyard EmploymentExplosivesUpdating OSHA Standards Based on National Consensus StandardsNFPA Standards in Shipyard Fire Protection

Hexavalent Chromium or Cr(VI) Final Rule 29 CFR 1910.1026 Chromium (VI) 29 CFR 1915.1126 Chromium (VI) applies to longshoring and maritime terminals too 29 CFR 1926.1126 Chromium (VI)

Chromium (VI) Final Rule Lowered PEL for Cr(VI) from 52 to 5 g/m3 Excluded from coverage:All portland cement operationsPEL for portland cement limits exposureApplications of Cr(VI) pesticidesManufacturing and use of treated wood covered- Any operation w/ objective data < 0.5 g/m3

Chromium (VI) StandardsEffective Dates Effective May 30, 2006 Start-up (> 20 ees) Nov 27, 2006 Start-up (< 20 ees) May 30, 2007 Engineering controls May 31, 2010

Assigned Protection Factors (APFs) for Respirators Regulatory HistoryIn June, 2003, OSHA published an APF NPRM proposed decisions on an APF Tabledefinitions for Assigned Protection Factors (APFs) and Maximum Use Concentrations (MUCs)amendments to supersede the existing APF requirements in OSHAs substance-specific standards. On August 24, 2006 Published Final Rule for Assigned Protection Factors in Fed Register 71:50121-50192 Effective date - November 22, 2006.

Assigned Protection Factors (APFs) for Respirators

Table 1.--Assigned Protection Factors 5Type of respirator 1,2Quarter maskHalf maskFull facepieceHelmet/hoodLoose- fitting facepiece1. Air-Purifying Respirator510 3502. Powered Air-Purifying Respirator (PAPR)501,00025/1,000 4253. Supplied-Air Respirator (SAR) or Airline Respirator Demand mode1050 Continuous flow mode501,000 25/1,000 425 Pressure-demand or other positive- pressure mode501,0004. Self-Contained Breathing Apparatus (SCBA) Demand mode105050 Pressure-demand or other positive- pressure mode (e.g., open/closed circuit).10,00010,000

Hazard CommunicationTuesday, September 12, 2006, ANPR to modify the Hazard Communication Standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)The GHSincludes harmonized criteria for classification of chemicals for their health, physical and environmental hazards, as well as specifications for what information is included on a label and safety data sheet for a chemical.

HCS ConclusionGreatest impact on chemical manufacturers, importers, and employers who produce or distribute hazardous chemicals as currently covered under the HCS.More consistency and better communicationSignificant phase-in periodPublic resources available

Hazard CommunicationOSHA solicited input ona number of issues related to implementation of the GHS as well as on the types of compliance assistance employers and employees would find useful to facilitate the transition. Comments were due by November 13, 2006

EndQuestions

One way to accomplish our goal of injury and illness prevention -- and one could argue a more sustainable way -- is selling the value and transfering the ownership of workplace safety and health to the workplace itself. Over the past year, we've tried to deliver a clear and simple message: Safety and health add value. To your business. To your workplace. To your life. As safety and health professionals we recognize that safety and health adds value to a business. It's not only the right thing to do, the socially responsible thing to do, but it saves critical resources. It saves money, avoids costs and maximizes returns on business investments. Liberty Mutual estimates that between $155 billion to $232 Billion is spent annually on workers' compensation. And the costs continue to climb at an alarming rate. Not all businesses see this, but we must continue to find ways to show them the way. Or as stated in a popular movie "Show me the money." Strong, fair and effective enforcement Enforcement serves as the underpinning of everything we do. We're using national and local emphasis programs and site-specific targeting to focus on the right workplaces. To date, we have completed about 25,300 inspections in this fiscal year. We are right on target to reach our goal of 37,700 by September 30. And our enhanced enforcement program is helping to assure we don't allow recalcitrant employers to incorporate into the cost of doing business OSHA penalties by just paying for the violations instead of coming into compliance with the law. Inspections are the activity -- compliance, reduced workplace hazards and fewer injuries and illnesses are the results. Outreach, education and compliance assistance Outreach, education and compliance assistance is also a critical component of our strategy. OSHA's website at www.osha.gov continues to be one of our most popular sources of information. Visits to our website shot up dramatically from 2002 to 2003 -- increasing by 150% in a year. We expect to host more than 50 million visitors this year. Two new features allow visitors to personalize the site and navigate more easily. MyOSHA lets visitors set up their own page to link to the topics they are interested in. And QuickStart offers a step-by-step guide to identify major OSHA requirements and guidance materials. We offer many other services -- and you know them well -- our toll-free line, QuickTakes, consultation services and training courses. Partnerships and Cooperative Programs Our partnerships and cooperative programs have also increased significantly -- SHARPS sites up to 788; Strategic Partnerships are now at 217. We have 191 Alliances, and we have 1086 VPP sites. Our plan is to draw more and more workplaces into these programs because they drive superior performance. They save lives, injuries and illnesses. Last year, we celebrated our 1,000th VPP site. Today we are looking at ways to enable even more workplaces and their workers to reap the benefits of participation. We want to remove barriers for potential applicants, optimize our collective resources and provide incentives to excel in safety and health performance. With the assistance and support of leaders from the business community and labor organizations, federal agencies and other stakeholders, we will expand and improve our Voluntary Protection Programs!

SST 04 has about 4000 site nationwide on the targeting listed

OSHA is developing an enforcement initiative for compliance officers to review and evaluate the adequacy of MSDSs. Under this program, the Agency will choose a certain number of chemicals, and following the requirements in the HCS, identify some critical elements (phrases, words, etc.) that should appear on an accurate MSDS. Compliance officers would use this information as they encounter these chemicals at worksites. Where MSDSs are found that do not contain these critical elements, OSHA will notify the manufacturer in writing of the deficiencies or inaccuracies. Manufacturers will be required to correct and update their MSDS. They will then have to respond to OSHA and inform the Agency of the steps taken to correct and update their data sheet. Those manufacturers that fail to respond or do not update their MSDS can potentially be cited under the HCS. SST 04 has about 4000 site nationwide on the targeting listed

OSHA's Enhanced Enforcement Programfocus on employers who have received "high gravity" citations Follow-Up Inspections high gravity willful violations, multiple high gravity serious violations, repeat violations at the originating establishment, failure-to-abate notices, or a serious or willful violation related to a fatalityProgrammed Inspections Site Specific Targeting Prioritized EmployersPublic Awareness mail a copy of the citation and notification of penalties to the employer's Corporate headquarterspress releases on enforcement actions.Settlement ProvisionsRequiring employers to hire consultants to develop a process to change the safety and health culture in the facility. Applying the agreement corporate-wide Including information on other job sites of the employer. Requiring employers to report to OSHA any serious injury/illness that requires outside medical care, and consenting to OSHA inspections based on the report. Summary Enforcement Orders As appropriate, OSHA will apply to Federal courts of appeal for orders summarily enforcing the citations under Section 11(b) of the OSH Act. This includes citations that have been settled or have otherwise become final order of the Occupational Safety and Health Review CommissionOSHA's Enhanced Enforcement Programfocus on employers who have received "high gravity" citations Follow-Up Inspections high gravity willful violations, multiple high gravity serious violations, repeat violations at the originating establishment, failure-to-abate notices, or a serious or willful violation related to a fatalityProgrammed Inspections Site Specific Targeting Prioritized EmployersPublic Awareness mail a copy of the citation and notification of penalties to the employer's Corporate headquarterspress releases on enforcement actions.Settlement ProvisionsRequiring employers to hire consultants to develop a process to change the safety and health culture in the facility. Applying the agreement corporate-wide Including information on other job sites of the employer. Requiring employers to report to OSHA any serious injury/illness that requires outside medical care, and consenting to OSHA inspections based on the report. Summary Enforcement Orders As appropriate, OSHA will apply to Federal courts of appeal for orders summarily enforcing the citations under Section 11(b) of the OSH Act. This includes citations that have been settled or have otherwise become final order of the Occupational Safety and Health Review CommissionOSHA's Enhanced Enforcement Programfocus on employers who have received "high gravity" citations Follow-Up Inspections high gravity willful violations, multiple high gravity serious violations, repeat violations at the originating establishment, failure-to-abate notices, or a serious or willful violation related to a fatalityProgrammed Inspections Site Specific Targeting Prioritized EmployersPublic Awareness mail a copy of the citation and notification of penalties to the employer's Corporate headquarterspress releases on enforcement actions.Settlement ProvisionsRequiring employers to hire consultants to develop a process to change the safety and health culture in the facility. Applying the agreement corporate-wide Including information on other job sites of the employer. Requiring employers to report to OSHA any serious injury/illness that requires outside medical care, and consenting to OSHA inspections based on the report. Summary Enforcement Orders As appropriate, OSHA will apply to Federal courts of appeal for orders summarily enforcing the citations under Section 11(b) of the OSH Act. This includes citations that have been settled or have otherwise become final order of the Occupational Safety and Health Review CommissionDefinitions:Historical monitoring data means data from chromium (VI) monitoring conducted prior to May 30, 2006, Objective data air monitoring data from industry-wide surveys calculations based on the composition chemical and physical properties of a substance demonstrating the employee exposure to chromium (VI) associated with a particular product or material or a specific process, operation, or activity. The data must reflect workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.