OSHA Update John Olaechea OSHA Update 2016 Occupational Safety and Health Administration ASSE February 9, 2016

John Olaechea Compliance Assistance Specialist OSHA Region VIII 1244 Speer Blvd Suite 551 Denver, CO 80204 720-264-6586 olaechea.john@dol.gov

OSHA: 45 years of Progress on Safety and Health

Rate of fatal workplace injuries Per 100,000 workers 1974-2001 data were estimated from BLS Survey of Employers 2002-2013 data were gathered from BLS Census of Fatal Injuries In 2006, BLS switched from employment-based calculations to hourly calculations

Most frequently cited OSHA regulations during FY 2015 inspections 1. Fall Protection 2. Hazard Communication 3. Scaffolding 4. Respiratory Protection 5. Lockout/Tagout 6. Powered Industrial Trucks 7. Ladders 8. Electrical – Wiring Methods 9. Machine Guarding 10. Electrical – General Requirements Top Ten Violations Most frequently cited OSHA regulations during FY 2015 inspections

Colorado Year in Review 24 Fatalities 1397 Inspections 81% Safety and 19% Health 60% Construction 34% in compliance 61% unprogrammed (complaint, etc) ~ 66% inspections with violations ~ 82% violations - serious

Colorado Year in Review 2,274 Violations Issued $5,050,805 in proposed penalties $2,451 average initial penalty for serious violation 33% reduction in penalty 5.3% contested

OSHA’s Continuing Mission Every year more than 4,000 Americans die from workplace injuries. Perhaps as many as 50,000 workers die from illnesses in which workplace exposures were a contributing factor. Millions of workers suffer a serious nonfatal injury or illness annually.

Workplace injuries and fatalities cost our economy $198 Workplace injuries and fatalities cost our economy $198.2 billion a year. — National Safety Council “Injury Facts” 2014

Who bears the cost of worker injuries? Many people still suffer under the illusion that when a worker gets hurt, workers compensation then makes them whole – covering their medical expenses and any lost income. But in reality, changes in state-based workers' compensation insurance programs have made it increasingly difficult for injured workers to receive the full benefits to which they are entitled. Workers’ comp only covers 20%; workers and families shoulder most of burden (more than 60%) and subsidize employers failing to make workplaces safe Prevention is the answer; employers must pay their fair share to incentivize

Will Compliance with OSHA Regulations Make My Workplace Safe? Safer, but not Safe! Some fatalities and serious injuries will not be prevented by simply complying with OSHA regulations

WHY? OSHA regulations don’t cover all hazards (In some cases, not even the big ones) Many OSHA standards are out of-date Regulations can’t address every situation

Safety & Health Program Management Systems Six Core Elements Management leadership Worker participation Hazard identification and assessment Hazard prevention and control Education and training Program evaluation and improvement

SHMS Program Guidelines Updating 1989 Safety and Health Program Management Guidelines Building on lessons learned about successful approaches and best practices under OSHA programs such as VPP and SHARP. Will be supported by a series of tools to help employers implement: an employee reporting tool a benchmarking tool a model program tool a hazard identification checklist a model incident investigation tool an audit tool Expected publication in Fall of 2015. OSHA is updating its 1989 Safety and Health Program Management Guidelines, building on lessons learned about successful approaches and best practices under OSHA programs such as the Voluntary Protection Programs (VPP) and the Safety and Health Achievement Recognition Program (SHARP). The primary audience for the guidelines is small business and workers who need a straightforward, proactive way to find and fix workplace hazards. The guidelines will be supported by a series of tools to help employers implement the guidelines such as: an employee reporting tool a benchmarking tool a model program tool a hazard identification checklist a model incident investigation tool an audit tool OSHA expects the updated Guidelines and tools to be published on its website in the Fall of 2015.

Safety and Health Program Management Guidelines

New inspection weighting system Some inspections are more complex than others Weighting helps OSHA focus on inspections that can have the biggest impact on workers’ lives

New inspection weighting system Federal Agency Inspections - 2 EUs Process Safety Management Inspections - 7 EUs Combustible Dust Inspections - 2 EUs Ergonomic Hazard Inspections - 5 EUs Heat  Hazard Inspections - 4 EUs Non-PEL Exposure Hazard Inspections - 3 EUs Workplace Violence Hazard Inspections - 3 EUs Fatality / Catastrophe Inspections - 3 EUs Personal Sampling Inspections - 2 EUs Significant Cases - 8 EUs Non-formal Complaint Investigations - 1/9 EU Rapid Response Investigations - 1/9EU

Weighting https://www.osha.gov/dep/enforcement/ews_memo_09302015.html

http://www.osha.gov/topcases/bystate.html

Report a fatality or severe injury 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.

How can employers report to OSHA? During business hours, call the nearest OSHA office Or call the OSHA 24-hour hotline 1-800-321-6742 (OSHA) Be prepared to supply: Name of the establishment, location and time of the incident, names of employees affected, brief description of incident, and a contact person and phone number (An online option is under development)

Updates to OSHA’s Recordkeeping Rule Changes to who keeps records Industries classified by NAICS rather than SIC Updates the list of industries exempt from the requirement to routinely keep OSHA injury and illness records due to relatively low occupational injury and illness rates Firms with 10 or fewer employees in the previous year are still exempt from keeping OSHA records Goes into effect 1/1/15 (in federal states) www.osha.gov/recordkeeping2014

OSHA Compliance Assistance 21 million visitors to OSHA’s website in FY 2015 251,000 responses to OSHA 1-800 calls for help 21,000 Spanish-speaking callers helped 16,000 e-mail requests for assistance answered 5,000 outreach activities by Regional & Area Offices 27,800 small businesses helped through Consultation

OSHA Compliance Assistance

OSHA Compliance Assistance Regional Compliance Assistance Newsletter Send request to olaechea.john@dol.gov to subscribe

Confined Spaces In Construction In effect 8/3/15 Previous standard was inadequate, only major requirement was training New standard is similar to 29 CFR 1910.146 (General Industry) Temporary enforcement policy for residential construction until 3/8/16 http://www.osha.gov/confinedspaces/tempenforcementpolicy_0116.html

Confined Spaces In Construction Major differences between 1910 v 1926: Detailed provisions for multi-employer worksite Work site evaluation by a Competent Person Continuous atmospheric monitoring whenever possible Continuous monitoring of engulfment hazards Allows for suspension of permit based on changing entry conditions

Personal Safety vs. PSM A superior personal safety record does not necessarily mean a facility’s process safety performance is acceptable. OSHA often encounters facilities with superior personal safety records that have had a major process safety incident.

Personal Safety vs. PSM PROCESS SAFETY incidents are low probability/ high consequence events. Conversely, PERSONAL SAFETY incidents tend to arise from higher probability/ lower consequence events. Process safety requires a strong MANGEMENT SYSTEMS approach to identify and control hazards. PERSONAL SAFETY PROBABILITY PROCESS SAFETY CONSEQUENCE

ChemNEP Update for FY2016 Release scheduled for April Updated to include refineries Refinery inspections distributed based on total number per region Five targeting categories Ammonia refrigeration – 25 percent Ag ammonia – 10 percent Refineries – based on total per region Chemical facilities (NAICS 325) – 40 percent Other – 25 percent

New PSM RA Memos Appendix A Concentrations Retail Exemption RAGAGEP

Listed PSM Chemicals Appendix A Concentrations Aligns OSHA method for calculating threshold quantities for PSM coverage with EPA RMP approach “Counts molecules” – includes mixtures 1% di minimus concentration <10 mm Hg partial pressure not covered No formal enforcement delay ACC and NACD filed lawsuit