AIHA/ASSE/UTA OSHA UPDATE Texas Star Conference Center Kelly C. Knighton, CSP Deputy Regional Administrator Occupational Safety and Health Administration AIHA/ASSE/UTA OSHA UPDATE Texas Star Conference Center September 9, 2016

OSHA: 45 years of Progress on Safety and Health Every day in America, 12 people go to work and never come home. And every year, nearly 4 million Americans suffer a serious workplace injury. Tragically, these deaths and injuries are preventable - preventable by basic safety precautions such as providing a safety harness and line to prevent workers from falling off a roof; shoring up a trench to make sure it doesn't collapse; or guarding a machine so a worker doesn't get his hand cut off.

Rate of fatal workplace injuries Per 100,000 workers Before 1970, there was no law requiring employers to provide safe workplaces. At the time, an average of 38 men and women died on the job every day in America. Then Congress enacted the Occupational Safety and Health Act of 1970 (OSH Act), creating the Occupational Safety and Health Administration as a national public health agency dedicated to the basic proposition that workers should not have to risk their lives to earn a living. Has OSHA made a difference? Just look: In 1970, 38 workers were killed on the job every day in America; now, with a workforce twice as large, it's 12 a day. The rate of reported serious workplace injuries and illnesses also has dropped markedly from 11 per 100 workers in 1972 to 3.3 per 100 workers in 2013. This is a great improvement, but it's still 12 deaths too many. There is no doubt that OSHA has saved thousands of lives, but far too many preventable injuries, illnesses and fatalities continue to occur. Workers and families should never accept the risk of death as a condition for employment – and neither should we. OSHA has provided taxpayers with 45 years of common-sense standards, strong and fair enforcement, training, outreach and compliance assistance. We have saved thousands of lives and prevented countless injuries. 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

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. Today workers have rights and employers have well-known, legal and moral responsibilities to protect their workers. OSHA's mission is to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. Federal OSHA is a small agency; with our state partners we have approximately 2,200 inspectors responsible for the health and safety of 130 million workers, employed at more than 8 million worksites around the nation - which translates to about one compliance officer for every 59,000 workers. To be effective in preventing injuries, illnesses and fatalities, we have to use a range of tools and strategies. These include fair and strong enforcement, compliance assistance, and education.

Workplace injuries and fatalities cost our economy $198 Workplace injuries and fatalities cost our economy $198.2 billion a year. Many opponents of OSHA have claimed that our agency destroys jobs. That is not true. A major study published in the journal Science by researchers at the Business Schools of California-Berkeley and Harvard University showed how OSHA inspections prevent thousands of workplace injuries, while saving employers money and protecting jobs – an estimated $6 billion in savings to employers nationwide. The findings of the study are well summarized by the authors, who write: "Randomized government safety inspections reduce worker injuries with no detectable job loss." In fact, they found that workplace injury claims dropped by 9.4% at businesses following a random OSHA inspection, compared with businesses that were not inspected. Further, those same employers saved an average of 26% on workers' compensation costs. The results are in: OSHA saves lives and jobs! — National Safety Council “Injury Facts” 2014

Who bears the cost of worker injuries? Many people still have 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%). State and federal government - through Social Security Disability Insurance and other means - make up another 16 percent of the cost of worker injuries, meaning that taxpayers are subsidizing unsafe employees. When employers are excused from this burden, worker safety and health often become less of a priority. This is especially important because preventing these injuries and illnesses in the first place would be the number-one way to alleviate this type of suffering before it even begins.

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 Most successful injury illness prevention programs are based on a common set of key elements. These include: management leadership, worker participation, hazard identification, hazard prevention and control, education and training, and program evaluation and improvement. The basic idea behind these programs is to change the workplace culture. It involves developing a process to figure out where the hazards are and fix them. This OSHA initiative involves outreach and education on the benefits of these programs, as well as initiating rulemaking. We are asking that employers follow the examples of those employers who have already implemented these beneficial programs to join "the rest of the best."

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 Our enforcement manager will be talking about our new inspection weighting system later today.

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. Every year, tens of thousands of men and women across the United States are severely injured on the job, sometimes with permanent consequences to themselves and their families. But until last year, the Occupational Safety and Health Administration (OSHA) lacked timely information about where and how most of those injuries were occurring, limiting how effectively the agency could respond. Too often, we would investigate a fatal injury only to find a history of serious injuries at the same workplace. Each of those injuries was a wake-up call for safety that went unheeded. Now, under a requirement that took effect Jan. 1, 2015, employers must report to OSHA within 24 hours any work-related amputation, in-patient hospitalization, or loss of eye. We responded to 62% of the 2015 reports, including 69% of hospitalization reports. We initiate Rapid Response Investigations (RRI) by contacting the employer and requiring them to investigate the event. This collaborative, problem-solving approach invites the employer and an OSHA Area Office expert to work together toward the shared goal of fixing hazards and improving overall workplace safety.

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

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

Rise of temp and contract workers 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. In recent months, OSHA has received and investigated many reports of temporary workers suffering serious or fatal injuries, some in their first days on the job. Numerous studies have shown that new workers are at greatly increased risk for work-related injury, and most temporary workers will be "new" workers multiple times a year. Furthermore, as the American economy and workforce are changing, the use of temporary workers is increasing in many sectors of the economy. 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 OSHA has concerns that some employers may use temporary workers as a way to avoid meeting all their compliance obligations under the OSH Act and other worker protection laws; that temporary workers get placed in a variety of jobs, including the most hazardous jobs; that temporary workers are more vulnerable to workplace safety and health hazards and retaliation than workers in traditional employment relationships; that temporary workers are often not given adequate safety and health training or explanations of their duties by either the temporary staffing agency or the host employer. Therefore, it is essential that both employers comply with all relevant OSHA requirements

Protecting Temporary Workers: A joint responsibility 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 Host employers need to treat temporary workers as they treat existing employees. Temporary staffing agencies and host employers share control over the employee, and are therefore jointly responsible for temp employee's safety and health. It is essential that both employers comply with all relevant OSHA requirements Shared control over worker = Shared responsibility for worker

Temporary Workers: Recent Cases Schwann’s Global Supply Chain / Adecco USA: Temp workers were exposed to ammonia Both employers cited for exposure & lack of training Total fines: $185,700 HP Pelzer Automotive Systems/ Sizemore Staffing: Temp workers exposed to formaldehyde Both employers cited for lack of training Total Fines: $207,100 Schwann is a company which makes frozen food. They use a lot of temporary workers to fill low wage jobs. At the time this (closed) case was developed, they were treating their temporary workers with much less concern for their safety. In addition to not receiving training on safe operations at the plant, temporary workers were dealing with blocked exits and many amputation hazards. Schwann assumed those workers already had the relevant safety training. Pelzer makes automotive parts and they also rely heavily on temporary workers. They too neglected to treat their temporary employees equally in terms of safety and it took a citation for them to realize they were wrong. The case is closed now and the hazards have been abated.

No more falling workers 13 12 3 Communication towers-related worker deaths Sometimes we really get it right. For the past three years, we have been focusing on reducing falls, one of the four major causes of workplace fatalities. One industry of great concern to us is the communication towers. We have had a sharp decrease in the number of these fall fatalities, look at this chart. 3 Source: CY data from OSHA Integrated Management Information System and OSHA Information System, based on OSHA fatality investigations. 2013 2014 2015 as of Oct. 1

Heat Illness Prevention Campaign Heat illness sickens thousands and results in the deaths of dozens of workers each year Heat Safety Tool for mobile phones has been downloaded more than 250,000 times The workers most at risk for heat-related illness are in construction and agriculture, but there are many outdoor workers in other industries who are at increased risk as well. These include: workers in transportation, sanitation and recycling, building and grounds maintenance, landscaping services, oil and gas operations, and anyone else who does strenuous work in the open air. Workers who are new to working outdoors in the heat, who have been away from working in the heat for a week or more, or who are doing work at the beginning of a heat wave are also at great risk. These workers need to have an acclimatization period. It is important to gradually increase the workload or allow more frequent breaks to help new workers and those returning to a job after time away build more tolerance for hot conditions. Two newer educational materials on the Heat Web site that we're particularly excited to highlight are: OSHA's Heat Safety Tool Smartphone App and the Employer Guide to Using the Heat Index

In hospitals and other healthcare facilities, workers are hurt at rates even higher than in construction and manufacturing, and in some cases at more than double the average for all private industry. Nursing aides, orderlies and attendants have an incidence rate of musculoskeletal injuries more than six times the average for all industries. This alarmingly high rate of worker injuries and illnesses is intolerable. OSHA is responding by helping hospitals and nursing homes recognize the close link between patient safety and worker safety, since we know that managing for worker safety will protect patients, too. The solutions to prevent the widespread injuries from patient handling are well known and available, and we applaud those employers that have implemented safe patient-handling programs.

Protecting Hospital Workers from transmissible diseases Respiratory Protection Toolkit OSHA and NIOSH released a new toolkit to help health care employers protect hospital staff from respiratory hazards OSHA’s Respiratory Protection Standard requires healthcare employers to establish and maintain a respiratory protection program Some of the most frequent questions about respirators come from the hospital industry. Historically, hospital physicians and nurses wore one strap paper masks, so when TB became a major concern again in the 1990s, there was much confusion about what type of respirators to wear in the different facilities and also confusion about fit testing. So OSHA has a new Respiratory Protection Toolkit which is available on our website.

Top 5 industries reporting worker injuries from workplace violence 870 Transportation/Warehousing/Waste management 940 Education 1,170 Retail 1,790 Arts & Entertainment 19,090 Healthcare & Social Assistance The most frequent workplace violence incidents occur in healthcare. This chart shows that other industries have some occurrence of this, but at a much lower rate. Number of workers injured in 2013, based on preliminary data from the Bureau of Labor Statistics LEARN HOW to assess hazards & develop individual worksite plans: www.OSHA.gov

OSHA working with Oil & Gas Industry Safety Stand-downs New hazard recognition course OSHA Upstream Oil & Gas Safety Workgroup

Global Harmonization (GHS) Exposure to hazardous chemicals is one of the most serious threats facing American workers today. In 2012 we revised OSHA's Hazard Communication standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). We did this to improve the quality and consistency of hazard information, making it safer for workers to do their jobs and easier for employers to stay competitive. This update to the Hazard Communication Standard (HCS) provides a common and coherent approach to classifying chemicals and communicating hazard information on labels and safety data sheets. The revised standard will improve the quality and consistency of hazard information in the workplace, making it safer for workers by providing easily understandable information on appropriate handling and safe use of hazardous chemicals. This update will also help reduce trade barriers and result in productivity improvements for American businesses that regularly handle, store, and use hazardous chemicals while providing cost savings for American businesses that periodically update safety data sheets and labels for chemicals covered under the hazard communication standard.

OSHA Efforts to Improve Protection of Workers from Chemical Hazards Transitioning to Safer Chemicals: A Toolkit for Employers and Workers Annotated PELs Tables Publication of Request for Information on Chemical Management and Permissible Exposure Limits www.osha.gov/dsg/safer_chemicals

OSHA’s New Final Rule on Crystalline Silica One of our compliance officers will be talking later today about our new crystalline silica rule. He will be focusing on methods you can use to reduce exposure.

New Penalty Levels Type of Violation Current Maximum New Maximum* Serious and Other-Than-Serious Posting Requirements   $7,000 per violation $12,471 per violation Willful or Repeated $70,000 per violation $124,709 per violation Failure to Abate $7,000 per day  beyond the abatement date $12,471 per day beyond the abatement date OSHA Penalties are going up OSHA will adjust its civil monetary and penalties to account for inflation  First time OSHA’s penalties will be adjusted since 1990 Increased penalties will help deter bad employers; will encourage them to do the right thing *Maximum penalties will be readjusted annually for inflation.

Workers’ Rights: It’s The Law! New poster helps ensure that workers have a voice in their workplaces and the protection they deserve Available in 7 languages: Spanish, Korean, Polish, Vietnamese, Nepali and Portuguese Recently updated; informs workers of their rights, and employers of their responsibilities

Multi-language Worker Outreach

OSHA QuickTakes Free OSHA e-newsletter delivered twice monthly to more than 110,000 subscribers Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards Sign up at www.osha.gov

Working Together, We Can Help Conclusion America's economy must succeed - but never at the cost of the safety or health of American workers. OSHA's goal is to ensure that everyone who goes to work returns home safely. Employers want the opportunity to compete, and OSHA supports this. The truth is: OSHA regulations don't kill jobs; they stop jobs from killing workers who are vital to our economy. As OSHA reflects on forty five years of progress and looks ahead, we remain committed to helping both workers and employers. Together, we all want the same thing: Healthier Workers, Safer Workplaces, and a Stronger America. www.osha.gov 800-321-OSHA (6742)