OSHA Update WITC Safety Day Changes and Compliance for 2013 Mark Hysell, Area Director Eau Claire Area OSHA Office April 11, 2013

Topics “YOUR” OSHA Office “YOUR” OSHA Office Regulatory Agenda Regulatory Agenda Emphasis Programs and Targeting for 2013 Emphasis Programs and Targeting for 2013 New Regulations New Regulations Hazard Communication Hazard Communication Inspection Data Inspection Data Resources You Can Use Resources You Can Use

Eau Claire Office Total of 12 Staff Members Total of 12 Staff Members Four Safety & Two Industrial Hygienist Four Safety & Two Industrial Hygienist Compliance Assistant Specilist Compliance Assistant Specilist WB Investigator WB Investigator Two Support Staff Two Support Staff Private Sector Enforcement NW WI Private Sector Enforcement NW WI MN State Plan Oversight MN State Plan Oversight “YOUR” Resource for Safety & Health “YOUR” Resource for Safety & Health

Injury and Illness Prevention Program Injury and Illness Prevention Program Confined Space in Construction Confined Space in Construction Silica Silica Beryllium Beryllium PELs (Permissible Exposure Limits) PELs (Permissible Exposure Limits) Infectious Diseases Infectious Diseases Regulatory Agenda Hot Topics

Preliminary Rulemaking Activities Development of the Proposed Rule Publication of the Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule Public Comment Implementation Site visits Stakeholder meetings RFI or ANPR SBREFA The OSHA Rulemaking Process

Thirty Entries for OSHA Find information on Planned/Proposed OSHA Initiatives Agency Rule List - Fall 2011 Tracking OSHA Activity Regulatory Agenda

Tracking OSHA Activity

Emphasis Programs Target Areas that could Generate an Inspection

Region 5 Emphasis Programs in General Industry for 2013 Powered Industrial Vehicles (PIVs) Lead Silica Site Specific Targeting (SST) Combustible Dust Amputations Chemical Plants/Process Safety Flavorings (Diacetyl, VOCs Furfural, Acetic Acid, Acetoin,) Primary Metals Grain Handling Nursing Homes Dairy Farms (WI) Shipbreaking Federal Agencies High Rate of Lost Time Injuries

Emphasis Programs in Construction for 2013 Falls Trenches Silica Lead PIV’s* (Powered Industrial Vehicles) Forklifts, Skid Steers, Earth Moving Equipment that has been modified to accept forks, such as Front End Loaders Building Renovation/Rehab (MKE, APL, MAD) Construction Targeting UTenn: Dodge Report What Could Generate an Inspection? * Complaint Based or Observed During an Inspection

Region V’s PIV LEP Success Story: PIV Fatalities FY FY 2011

Emphasis Programs in Development Expanding Fall LEP to General Industry Expanding Fall LEP to General Industry Including Ladder Safety/Training/Outreach Including Ladder Safety/Training/Outreach Tree Trimming Tree Trimming Demolition Work Demolition Work Carbon Monoxide Carbon Monoxide

Region V Falls - FY FY 2011

15 Whistleblower FY 12, Region V received 521 Whistleblower complaints (20% of Nation’s total) FY 12, Region V received 521 Whistleblower complaints (20% of Nation’s total)  Recovered $3,894,007 in Damages  Reinstated 17 Complainants  345 – 11(c) cases  44 – 11(c) merit cases  6 – 11(c) Complainants reinstated  $249,371 – wages recovered for Complainants under 11(c)

OSHA directive (Workplace Violence) OSHA directive (Workplace Violence) Inspections will be conducted if: Workplace violence results in a worker fatality or three or more hospitalizations. An employee files a workplace violence complaint. The company is in an industry with known risk factors for workplace violence.

Recent News HazCom 2012 On March 26, 2012 OSHA adopted a large portion of GHS, the Globally Harmonized System of Classification and Labeling of Chemicals. On March 26, 2012 OSHA adopted a large portion of GHS, the Globally Harmonized System of Classification and Labeling of Chemicals.

GHS Notable Changes Primary Changes in HazCom 1. Container Labeling 2. Material Safety Data Sheets 3. Employee Training

Written Program Written Program OSHA did not modify the written hazard communication requirements except for minor terminology edits. OSHA did not modify the written hazard communication requirements except for minor terminology edits.

Labels Product identifier Product identifier Signal words Signal words Hazard statements Hazard statements Pictograms Pictograms Precautionary statements Precautionary statements Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party

Harmonized Information “Pictogram” means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category. “Pictogram” means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category.

Pictograms 22

Pictograms Red borders required Red borders required No blank pictograms No blank pictograms

Safety Data Sheets 16-section safety data sheet (SDS) 16-section safety data sheet (SDS) Several sections will not be mandatory since they address information outside OSHA’s jurisdiction (Sections 12-15) Several sections will not be mandatory since they address information outside OSHA’s jurisdiction (Sections 12-15) A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section

Safety Data Sheet Format 1. Identification of the substance or mixture and of the supplier 2. Hazards identification 3. Composition/information on ingredients 4. First-aid measures 5. Fire-fighting measures 6. Accidental release measures 7. Handling and storage 8. Exposure controls/personal protection. 9. Physical and chemical properties 10. Stability and reactivity 11. Toxicological information 12. Ecological information (non-mandatory) 13. Disposal considerations (non-mandatory) 14. Transport information (non-mandatory) 15. Regulatory information (non-mandatory) 16. Other information, including date of preparation or last revision 16. Other information, including date of preparation or last revision

Safety Data Sheet Example

GHS Implementation Dates

Trends regarding OSHA Enforcement Initiatives In 2010, OSHA implemented a new penalty guidelines In 2010, OSHA implemented a new penalty guidelines The average proposed penalty for “serious” violations more than doubled in The average proposed penalty for “serious” violations more than doubled in OSHA will be more aggressively issuing “repeat” citations, since the time constraint qualifying repeat violations has increased from 3 to 5 years. OSHA will be more aggressively issuing “repeat” citations, since the time constraint qualifying repeat violations has increased from 3 to 5 years.

FY 2008 – FY 2012 Nationwide Average Penalty Per Serious Violation 29

30 Inspections Conducted (Federal) FY 2008 – FY 2012

31 Region V FY-2012 Inspection Data 7,332 total inspections 7,332 total inspections 3,630 of which were construction 3,630 of which were construction 1,516 were health inspections 1,516 were health inspections Wisconsin inspection in FY 2012 Wisconsin inspection in FY ,586 total inspections 1,586 total inspections 719 were construction 719 were construction 304 were health inspections 304 were health inspections

32 Significant Enforcement Actions Region V – FY significant and novel cases issued  Ohio – 24 issued  Illinois – 17 issued  Wisconsin – 13 issued  Indiana - 1  Michigan - 1

33 >1 W, R or FTA based on a serious violation related to a death of an employee or three or more hospitalizations >2 W, R or FTA based on high gravity serious violations related to a High- Emphasis Hazard* >3 W, R or FTA based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard Any Egregious Enforcement Action (including recordkeeping) FATALITY NON- FATALI TY Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM) EGREGIOUS Severe Violator Enforcement Program (SVEP) Criteria

Top 10 Most Cited Standards General Industry - FY Hazard Communication Respiratory Protection Lockout/Tagout Electrical, Wiring Methods Powered Industrial Trucks Electrical, General Requirements Machine Guarding Recordkeeping Personal Protective Equipment Mechanical Power Transmission Apparatus

Top 10 Most Cited Standards Construction Industry - FY Scaffolding Fall Protection Ladders Fall Protection, Training Requirements Hazard Communication Head Protection General Safety & Health Provisions Aerial Lifts Eye & Face Protection Specific Excavation Requirements

36 Region V - Most Frequently Cited Violations 1. Machine Guarding, (general) 2. Hazard Communication(Program) 3. Hazard Communication (Training) 4. Powered Industrial Trucks (Training) 5. Machine Guarding (Point of Operation) 6. LOTO - Procedures 7. LOTO - Program 8. LOTO - Periodic inspections 9. Powered Industrial Trucks, (Retraining) 10. Fall Protection (Guardrails) 1. Fall Protection (Residential) 2. Fall Protection (Training) 3. Ladders (Positioning) 4. Fall Protection (Guardrails) 5. Safety program (Inspections) 6. Safety program 7. Fall Protection (Res Roofing) 8. Eye & Face Protection 9. Head Protection 10. Scaffolds (Fall Protection) Construction General Industry

37 Cooperative & State Programs Cooperative Programs: Consultation Program Consultation Program Free Service Free Service Voluntary Protection Program – VPP Voluntary Protection Program – VPP 326 Participants 326 Participants Partnerships Partnerships 14 Active Partnerships 14 Active Partnerships Alliances Alliances 13 Active Alliances 13 Active Alliances

38 Cooperative & State Programs New Training Grants - Areas of Emphasis: Grain Grain Dairy Dairy Agricultural Agricultural Noise and Hearing Conservation Noise and Hearing Conservation Vulnerable Workers Vulnerable Workers

2012 Major Outreach Campaigns Heat Stress Heat Stress Falls Falls 39

Safety and Health Resources Compliance Assistance Quick StartCompliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA’s website. Quick Start currently includes modules for: Compliance Assistance Quick Start General Industry General Industry General Industry General Industry Construction Construction Construction Health Care Health Care Health Care Health Care Hispanic Outreach Hispanic Outreach Hispanic Outreach Hispanic Outreach By following the step-by-step guides, you can generate an initial set of compliance assistance materials tailored to your workplace Web Page Assistance

Wisconsin OSHA Safety Newsletter Construction and General Industry Published 3-4 times each year Focuses on upcoming and hot topics Provides Regional fatality data and most frequently cited issues

New Outreach Pubs OSHA at a Glance OSHA at a Glance Noise in Construction Noise in Construction Hazards of Hair Smoothing Products Hazards of Hair Smoothing Products Respirator Small Entity Compliance Guide Respirator Small Entity Compliance Guide All About OSHA All About OSHA

Provided at no cost to employers Provided at no cost to employers Developed for smaller employers with more hazardous operations Developed for smaller employers with more hazardous operations Delivered by WisCon or the State Laboratory of Hygiene Delivered by WisCon or the State Laboratory of Hygiene No penalties are proposed or citations issued No penalties are proposed or citations issued Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger

Eau Claire Madison Milwaukee Appleton

Wisconsin Compliance Assistance Specialists (CAS) Kelly BubolzLeslie Ptak U. S. Dept. of Labor - OSHAU. S. Dept. of Labor - OSHA 1648 Tri Park Way4802 E. Broadway Appleton, WI 54914Madison, WI (920) (608) Mary BauerJim Lutz U. S. Dept. Of Labor - OSHAU. S. Dept. of Labor - OSHA 1310 W. Clairemont Ave 310 W. Wisconsin Ave Eau Claire, WI 54701Milwaukee, WI (715) (414)

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