AGC of America Safety & Health Committee Regulatory Update

© 2010 The Travelers Indemnity Company. All rights reserved. OSHA Regulatory Update Spring 2015 OSHA Regulatory Agenda Confined Space in Construction Silica Workplace Injuries & Illness Tracking OSHA Enforcement Trends Cranes Open Discussion

© 2010 The Travelers Indemnity Company. All rights reserved. Spring 2015 OSHA Regulatory Agenda Crane Operator Qualification in Construction (Proposed Rule Stage) The rulemaking will identify criteria for employers to follow to ensure their crane operators are completely qualified to operate cranes safely on construction work sites. Notice of Proposed Rulemaking scheduled for December 2015.

© 2010 The Travelers Indemnity Company. All rights reserved. Spring 2015 OSHA Regulatory Agenda Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness (Proposed Rule Stage) OSHA is proposing to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty to make and maintain an accurate record of an injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so. Notice of Proposed Rulemaking was scheduled for May 2015; no timetable for further action was listed.

© 2010 The Travelers Indemnity Company. All rights reserved. Improve Tracking of Workplace Injuries and Illnesses (Final Rule Stage) OSHA is making changes to its reporting system for occupational injuries and illnesses. An updated and modernized reporting system would enable a more efficient and timely collection of data, and would improve the accuracy and availability of the relevant records and statistics. This rulemaking involves modification to 29 CFR part to expand OSHA's legal authority to collect and make available injury and illness information required under part 1904, and a modification to 29 CFR part to clarify an employee’s right to report injury and illnesses to their employer without fear of retaliation. A final rule is scheduled for Sept This agency action is an attempt by OSHA to undo the holding in the U.S. Court of Appeals ruling on AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012). Spring 2015 OSHA Regulatory Agenda

© 2010 The Travelers Indemnity Company. All rights reserved. Silica

© 2010 The Travelers Indemnity Company. All rights reserved. Supreme Court Ruling last Month While the estimated annual cost of $9.6 billion is not widely disputed, the cost-benefit ratio is. Opponents said the benefits are as low as $4 million a year. Proponents said when all secondary pollutants are considered, they're as high as $90 billion. "One would not say that it is even rational, never mind 'appropriate,' to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits," Scalia said from the bench. "No regulation is 'appropriate' if it does significantly more harm than good.“ Kagan said the decision "deprives the agency of the latitude Congress gave it to design an emissions-setting process sensibly accounting for costs and benefits alike."

© 2010 The Travelers Indemnity Company. All rights reserved. Proposed Recordkeeping Rules

© 2010 The Travelers Indemnity Company. All rights reserved. Under Proposed Rule (published 11/7/13) Company's with 250 or more employees will have to submit their OSHA 300 Log to OSHA on quarterly basis. Company’s with 20 or more employees will have to submit their 300A Summary Report to OSHA on a annual basis.

© 2010 The Travelers Indemnity Company. All rights reserved. SEVERE INJURY REPORTING RULE  Employers must report all hospitalizations, amputations, and loss of an eye within 24 hours  Rule went into effect January 1,  Enforcement memo issued on December 23.  Training webinar held on December 8.

© 2010 The Travelers Indemnity Company. All rights reserved. SEVERE INJURY REPORTING RULE Triaging employer reports:  Inspections  No inspection but conducting Rapid Response Investigation (RRI) based on the Area Office’s discretion.  An RRI encourages the employer to conduct a root cause analysis of what led to the injury

© 2010 The Travelers Indemnity Company. All rights reserved. SEVERE INJURY REPORTING RULE Currently, receiving between 200 and 250 reports a week 12,000 reports annually About 40% of reports have resulted in inspections 5,000 inspections annually Remainder of reports resulted in RRIs or were determined NOT to be work-related

© 2010 The Travelers Indemnity Company. All rights reserved. SVEP CUMULATIVE SUMM Period of review: 6/18/2010 – 3/31/ SVEP cases  124 (26%) of the 485 SVEP cases are fatalities  35 (8 %) of 485 SVEP cases are egregious, 5 of which were also fatalities  326(67 %) of the 485 SVEP cases are Non-fatality/Catastrophe Criterion Related to a High- Emphasis Hazard.  5 (2%) of the 474 SVEP cases are Non-fatality/Catastrophe for Hazards Due to the Potential Release of a Highly Hazardous Chemical (Process Safety Management) 295 (60 %) are in Construction  46 (16 %) of the 285 SVEP construction cases are fatalities

© 2010 The Travelers Indemnity Company. All rights reserved. FY 10 – FY 14 AVERAGE CURRENT PENALTY PER SERIOUS VIOLATION

© 2010 The Travelers Indemnity Company. All rights reserved. FY 10 – FY 14 % CONSTRUCTION INSPECTIONS

© 2010 The Travelers Indemnity Company. All rights reserved. Cranes

© 2010 The Travelers Indemnity Company. All rights reserved. Cranes and Derricks ACOSH Meeting 3/31/15 Interpretations and DOC letters Compliance Directive Operator Certification Employer Qualification Crane Certification/Qualification Survey