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OSHA Standards and Regulations in Development

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See OSHA’s latest Regulatory Agenda on regulations.gov for complete information on OSHA’s rulemaking.

• Silica• Confined Spaces in

Construction• Recordkeeping and Reporting• Walking/Working Surfaces

Silica

• Web Pages• Publications• Video• Rulemaking

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Combustible DustElectronic Resources• Safety and Health Topics Page

Publications• Fact Sheet• Poster• Booklet on Firefighting Precautions• Safety and Health

Information Bulletin• Hazard Communication Guidance

Additional Resources• National Emphasis Program• Standard in Development

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OSHA’s Initiatives

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Heat Illness Prevention

Severe Violator Enforcement Program (SVEP)

• Fatality/Catastrophe with 1 or more willful, repeat or FTA citations

• Non Fat/Cat with 2 or more W,R,FTA citations (serious, high gravity) related to High Emphasis Hazard

• Non Fat/Cat with 3 or more W,R,FTA citations (serious, high gravity) related to PSM

• Any egregious case

SVEP Impact

• Enhanced Follow Up Inspections• Nationwide Inspections• Increased Company Awareness of OSHA

Enforcement• Enhanced Settlement Provisions• Can be removed after 3 years• Currently over 400 companies on SVEP

list!

Montana SVEP Impact

• Western Sugar Cooperative– (12 Serious, 4 Repeat and $193,300 in

penalties)

• Cenex Harvest States– (15 Serious, 3 Repeat and $212,100 in

penalties) Currently in contest

Montana Criminal Case

• OSHA issued 16 citations to MR Asphalt:• one willful violation for failing to provide a guardrail or fall

protection on the working surface • 13 serious violations including failing to provide training

on hazardous chemicals, exposing workers to electrical hazards and leaving defective ladders in service, and

• 2 other-than-serious violations for failing to record each work-related fatality, injury or illness and notify OSHA within eight hours of an occupational fatality.

• OSHA initially issued $54,000 in fines, but the company settled for $36,500.

Montana Criminal Case

• “By ignoring fall protection requirements, this employer showed plain indifference and intentional disregard to worker safety,” said Jeff Funke, director of OSHA’s Billings, MT, Area Office

• OSHA to refer a case to the U.S. Justice Department for criminal prosecution:– an employee fatality, and – a willful violation– the employer is alleged to have falsified documents and lied

to OSHA regarding the fatality.

Montana Criminal CaseComment to Article:

I am glad to see the U.S. Department of Justice step up to this case. It is a rare event. Some State’s Attorneys have brought negligent homicide charges in cases of outrageous recklessness and/or negligence leading to workplace deaths. There ought to be more of these state cases. A man’s falling from a height to his death is not an unforeseeable event. The Old Testament directs that you put a parapet/railing around your roof (flat roofs were used for storage), so that someone does not fall off and die. People knew this 2500 to 3000 years ago. See Deuteronomy 22:8.

DOJ Settlement– Defendant shall hire and retain a safety consultant

to conduct a comprehensive safety and health survey.

– The consultant will further conduct random, unannounced safety inspections and audits of the work site to ensure compliance.

– Defendant is sentenced to pay a fine of $3,750, a $25 special assessment, and restitution in the amount of $6,250.

– Defendant shall serve a three-year term of– unsupervised probation.

Montana Significant Cases

• Lowes Home Improvement (14 Serious, 3 Repeat and $120,450 in penalties)

• Cenex Harvest States, Inc. (15 Serious, 3 Repeat and $212,100 in penalties)– Currently Contested

• Dollar Tree (1 Repeat, 3 Willful and $217,000 in penalties). – Currently Contested

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.

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Protecting Temporary Workers: A joint responsibility

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Shared control over worker = Shared responsibility for worker

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3 million people are employed by staffing companies every week.

11 million temporary and contract

employees are hired by U.S. staffing firms over the course of a year.

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Source: American Staffing Association

Why Are Temp Workers At High Risk of Injury?

New workers are at increased risk of injury.

Host employers don’t have the same commitment to temporary employees as to permanent ones.

Employer who bears the risk of the injury (temp agency) does not control safety and health investment.

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Temporary Workers: Outreach & Education

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Alliance with American Staffing Association

Issued Temporary Worker Recommended Practices

Developing Compliance Assistance Bulletins

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Temporary Worker Initiative In all inspections, OSHA’s

inspectors ask about the presence of temp workers, the hazards to which they are exposed, and the training they have received.

We are seeing an impact.

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OSHA Working with Oil & Gas Industry

Safety Stand-downs

New hazard recognition course

OSHA Upstream Oil & Gas Safety Workgroup

National and Regional Emphasis Programs

FY 15 NEP’s

• Amputations in Manufacturing• Lead Exposures (GI and Construction)• Silica Exposures (GI and Construction)• Hexavalent Chromium Exposures• Chemical Processing Safety• Combustible Dust• Trenching and Excavation• Primary Metals Industries (Foundries)• Nursing Homes

Regional Emphasis Programs

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New Publications

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• Hazard Communication Standard: Small Entity Compliance Guide (Mar. 2014)

• Fall Prevention Training Guide – English and Spanish (May 2014)

• Hospital Safety Fact Sheets (Feb. 2014)• Narrow Frame Scaffolds Fact Sheet

(Apr. 2014)• Reporting Requirements Wallet Card

(Nov. 2014)• Temporary Workers Best Practices

(Aug. 2014)• Tree Card Work Hazard Bulletin

(July 2014)

For a full list of new OSHA publications, visit OSHA’s Publications Web page.

Construction-Related Web Resources

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Construction-Related Publications We Can Help

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Disclaimer

• This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.