Utah Occupational Safety and Health Division UOSH

Brief History On December 29, 1970, President Nixon signed the Occupational Safety and Health Act into law. This Act created the Occupational Safety and Health Administration (OSHA). OSHA’s responsibility is worker safety and health protection. Part of the Act encouraged individual states to develop and operate their own workplace safety and health programs.

In 1973, the Utah Legislature passed Utah Code Ann. §34A et seq., the Utah Occupational Safety and Health Act, giving UOSH the mandate to administer all laws and lawful orders to ensure that every employee in this state has a workplace free of recognized hazards. On July 16, 1985, Federal OSHA recognized Utah’s occupational safety and health program as being “as effective as” the federal program and relinquished authority over occupational safety and health in Utah.

The Purpose of UOSH: reduce workplace hazards through the implementation of safety and health programs, provide for occupational safety and health research, establish rights and responsibilities for both employers and employees, provide for reporting and recordkeeping of job related injuries and illnesses, provide for education and training programs, promote and enforce safety and health standards.

UOSH has jurisdiction over approximately 1,299,000 employees and over 89,400 employers in Utah. Mission of UOSH is to help to ensure a safe and healthy workplace for every worker in the State of Utah.

UOSH has three sections: - Compliance - Consultation & Education Services - Bureau of Labor Statistics – BLS

Consultation & Education Services In 1977, an employer assistance program was put in place by federal OSHA to help small businesses. -Approximately 500,000 businesses participated in the OSHA Consultation Program in its first 30 years.

UOSH Consultation UOSH Consultation services are confidential and free of charge to eligible employers who voluntarily request it, without citations or penalties. The Consultation section is made up of a Consultation Manager, 8 Private Sector Consultants and 1 Public Sector Consultants. The Consultation goals are to: -Conduct workplace safety and health inspections; -Educate employers and employees; -Assist employers with identifying hazards; -Provide recommendations for hazard correction; -Develop required programs; and -Promote safety and health in the workplace.

BLS UOSH employs 2 statisticians who are responsible for performing 1 survey and 1 census for the Bureau of Labor Statistics. -Survey of Occupational Injuries and Illnesses (SOII) -This survey is conducted each year to find out from selected companies across the United States the status of workplace safety. Utah conducts the survey from a list prepared by the federal Bureau of Labor Statistics to represent Utah industries. -Census of Fatal Occupational Injuries (CFOI) -This is a comprehensive, accurate, and timely count of fatal work injuries. CFOI is a Federal- State cooperative program that has been implemented in all 50 States and the District of Columbia since 1992.

Compliance The Compliance section is made up of a Compliance Manager, 2 Compliance Supervisors, 1 Whistleblower Investigator, and 19 Compliance Safety and Health Officers (CSHO). The primary responsibility of UOSH Compliance is to carry out the mandate given to the Utah Labor Commission in the Utah Code, “to assure so far as possible every working man and woman in the State of Utah safe and healthful working conditions.”

UOSH Inspection Priorities Unprogrammed Inspections  Imminent Danger  Serious Accident/Fatality/Catastrophe  All serious work related injuries/illnesses must be reported within 8 hours  Complaint/Referral Inspections Programmed Inspections  Emphasis Programs

Emphasis Programs Emphasis Programs are enforcement strategies designed and implemented at the national (NEP), regional (REP), or local (LEP) levels. Emphasis programs fall in the category of “Programmed Inspections.” They are aimed at specific high hazard industries, workplaces, occupations, health substances, or other industries identified in OSHA’s and/or UOSH’s current inspection procedures.

Current UOSH LEPs Construction Industry (Aug 1, 2014) General Industry – Amputations (Nov 1, 2014)

Construction LEP Effective August 1, 2014 Focus on the “Big 4” construction hazards: falls, struck-bys, caught in-betweens, and electrocutions. Look at each city in Utah with a population of 1000 or more. Groups of 15 cities at a time. Drive each street in each city and stop at each construction site and address the Big 4.

Inspection Procedures All active construction sites will be inspected under the LEP CSHO’s drive the assigned area looking for active construction sites (including those that do not have observed hazards) CSHO’s will not drive the same area repeatedly Inspections focused on “Big 4” hazards

Inspection Procedures (cont.) Enter construction site under LEP Perform a brief opening with the General or Prime Contractor Walk the job site looking for “Big 4” hazards Contact each sub-contractor on the job site UOSH inspections will ONLY be opened with employers who have observed hazards

Year 1 results From August 1, 2014 through July 31, 2015 ◦ 94 inspections ◦ 147 compliance assistances ◦ 177 violations ◦ $165,145 in penalties assessed ◦ Most common standards cited: ◦ Fall Protection (70 violations) ◦ Scaffolds (46 violations) ◦ Electrical (21 violations) ◦ Excavation (11 violations) ◦ Ladders (7 violations)

Utah Construction Fatalities FFY 2013 ◦ 13 fatalities ◦ 5 construction FFY 2014 ◦ 14 fatalities ◦ 3 construction FFY 2015 ◦ 14 fatalities ◦ 7 construction FFY 2016 (October 1, 2015 – present) ◦ 7 fatalities ◦ 4 construction

Utah’s Multi-Employer Worksite Rule Utah Administrative Code R (U) U. Multi-Employer worksites. ◦ 1. Pursuant to Section 34A of the Act, violation of an applicable standard adopted under Section 34A of the Act at a multi-employer worksite may result in a citation issued to more than one employer. ◦ 2. An employer on a multi-employer worksite may be considered a creating, exposing, correcting, or controlling employer.

Types of Employers Creating Employer. A creating employer is one that created a hazardous condition on the worksite. Exposing Employer. An exposing employer is one that exposed its own employees to a hazard. If the exposing employer created the hazard, it is citable as the creating employer, not the exposing employer. Correcting Employer. A correcting employer is one responsible for correcting a hazardous condition, such as installing or maintaining safety and health devices or equipment, or implementing appropriate health and safety procedures. Controlling Employer. A controlling employer is one with general supervisory authority over a worksite.

UOSH Laws and Rules Utah Code Ann. §34A et seq. – Utah Occupational Safety and Health Act Utah Administrative Code R614 – Labor Commission, Occupational Safety and Health  29 CFR 1904 – Injury and Illness Recordkeeping  29 CFR 1908 – Consultation Agreements  29 CFR 1910 – General Industry Regulations  29 CFR 1926 – Construction Industry Regulations

Utah Code Ann. §34A A Citations issued by division -- Grounds -- Posting -- Limitation. (1) (a) If upon inspection or investigation, the division or its authorized representative believes that an employer has violated a requirement of Section 34A-6-201, of any standard, rule, or order issued under Section 34A-6-202, or any rules under this chapter, it shall with reasonable promptness issue a citation to the employer. (b) Each citation shall: (i) be in writing; and (ii) describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rule, or order alleged to have been violated. (c) The citation shall fix a reasonable time for the abatement of the violation. In the case of a review proceeding initiated by the employer in good faith, not for the purpose of delay or avoidance of the penalties, the time for abatement begins to run on the date of the final order of the commission. (d) The commission may prescribe procedures for the issuance of a notice in lieu of a citation with respect to violations that have no direct or immediate relationship to safety or health. (2) Each citation issued under this section or a copy shall be prominently posted by the employer, as required by rule, at or near each place a violation referred to in the citation occurred. (3) A citation may not be issued under this section after the expiration of six months following the occurrence of any violation.

“No one should have to sacrifice their life for their livelihood, because a nation built on the dignity of work must provide safe working conditions for its people.” - Secretary of Labor Thomas E. Perez

QUESTIONS? Christopher Hill, Director Utah Occupational Safety and Health Division (UOSH) 160 East 300 South, 3 rd Floor Salt Lake City, Utah (801) (801) (direct)