Safety Alliance for Excellence Brief OSHA UPDATE for Safety Alliance for Excellence Tampa Charter Meeting May 12, 2017 PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177 spencer.joan@dol.gov

Florida FY 17 Fatalities (to date) 31 Ft. Lauderdale Office 9 Jacksonville Office 18 Tampa Office Burned 1 Caught in or between 2 drowning 5 Fall (from elevation) 20 Inhalation 3 Other 4 Shock 4 Struck-by 19

Solution: Prevent Workplace Injuries And Illnesses Initiatives helping to not only protect workers' lives, but also their families, and their futures. Emphasis programs Temporary Workers Significant cases Rulemaking Reporting requirements Harwood Grantees focus mostly on vulnerable workers

National Emphasis Programs Trenching Lead, silica, and Isocyanate exposures Hexavalent chromium PSM – Chemical processing Combustible dust Amputations Shipbreaking Primary Metals Federal Agencies

Regional Emphasis Programs Overhead Powerlines Falls Landscaping Noise Lead Silica Fork lifts Maritime Inspections Sanitation and Clean-up operations in “Food and Kindred Products”

Most Frequently Cited Standards Manufacturing Lockout/Tagout 1910.147 Hazard Communication 1910.1200 Machine Guarding – General Requirements 1910.212 Respiratory Protection 1910.134 Powered Industrial Trucks 1910.178 Electrical – Wiring Methods 1910.305 Electrical – General Requirement 1910.303 Personal Protective Equipment – General 1910.132 Machine Guarding – Power Transmission Apparatus 1910.219 Abrasive wheel machinery 1910.215

Most Frequently Cited Standards Construction Fall Protection – Duty to Have Protection 1926.501 Scaffolds – General Requirement 1926.451 Ladders 1926.1053 Fall Protection – Training 1926.503 Eye and Face 1926.102 Hazard Communication 1910.1200 Head Protection 1926.100 General safety and health provisions 1926.20 Aerial Lifts 1926.453 Fall protection systems criteria 1926.502

Enforcement Cases with Initial Penalties Above $40,000 Since January 1, 2017 8 Florida Sites 7 in Construction 3 Roofing Companies All 3 OSHA offices issued

Fall 2016 Unified Agenda Prerule Stage Bloodborne Pathogens (Section 610 Review) Combustible Dust Preventing Backover Injuries and Fatalities Proposed Rule Stage Infectious Diseases Long-Term Actions Injury and Illness Prevention Program

In the Past Year 3/25/2016 – Respirable Silica 5/12/20016 - Improve Tracking of Workplace Injuries and Illnesses 11/8/2016 - Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems) 1/09/2017 - Occupational Exposure to Beryllium 1/18/2017 - Penalties

Penalties The Inflation Adjustment Act Improvements Act of 2015 rescinds an exemption that previously disallowed inflationary adjustments for violations of the OSH Act Revises the method of calculating inflation adjustments. The Prior Inflation Adjustment Act required adjustments to civil penalties to be rounded significantly.

Penalties Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017 Type of Violation New Maximum Penalty Serious Other-Than-Serious Posting Requirements $12,675 per violation Failure to Abate $12,675 per day beyond the abatement date Willful or Repeated $126,749 per violation

Respirable Crystalline Silica Rules Two standards: One for general industry and maritime One for construction Similar to other OSHA health standards and ASTM consensus standards

Permissible Exposure Limit (PEL) PEL = 50 µg/m3 as an 8-Hour TWA Action Level = 25 µg/m3 as an 8-Hour TWA

Silica Standard Enforcement delayed until Sept 23, 2017. Originally scheduled to begin June 23, 2017, delayed for additional guidance due to the unique nature of the requirements in the construction standard.

Beryllium Delay in the effective date from March 21, 2017, to May 20, 2017. The announcement follows a White House memorandum, entitled "Regulatory Freeze Pending Review," issued Jan. 20, 2017, that directed the department to undertake a review of any new or pending regulations and temporarily postpone the date that they would take effect.

Beryllium PEL of 0.2 μg/m3 averaged over 8 hours STEL of 2.0 μg/m3 over a 15-minute period.

Recordkeeping The Senate on March 23 joined the House by voting to overturn a final rule from OSHA that addresses employers’ “ongoing obligation” to make and maintain accurate records of work-related injury and illness data.

Walking - Working Surfaces Changes and new requirements Fall protection flexibility Updated scaffold requirements to have employers comply with the construction scaffold standards; Phase-in of ladder safety systems or personal fall arrest systems on fixed ladders

Subpart D Old rule Final rule 1910.21 Definitions. 1910.22 General requirements. 1910.23 Guarding floor and wall openings and holes. 1910.24 Fixed industrial stairs. 1910.25 Portable wood ladders. 1910.26 Portable metal ladders. 1910.27 Fixed ladders. 1910.28 Safety requirements for scaffolding. 1910.29 Manually propelled mobile ladder stands and scaffolds. (towers). 1910.30 Other working surfaces. requirements. Final rule 1910.21 Scope, application, and definitions. 1910.22 General requirements. 1910.23 Ladders. 1910.24 Step bolts and manhole steps. 1910.25 Stairways. 1910.26 Dockboards (bridge plates). 1910.27 Scaffolds (including rope descent systems). 1910.28 Duty to have fall protection. 1910.29 Fall protection systems criteria and practices 1910.30 Training . Existing subpart D does not contain a scope and application section for the entire subpart, but it does contain several separate "application" requirements in various sections of subpart D. Some of the same terms will be used, but will be the defined differently.

Subpart I - PPE Addition of : 1910.140 – Fall Protection System Appendix C - Personal Fall Protection Systems - non-mandatory Appendix D – Test Method and Procedures for Personal Fall Protection Systems – non-mandatory

OSHA orders Amtrak to reinstate, pay $892K to employee discharged in violation of Federal Railroad Safety Act

Affordable Care Act (ACA), Section 1558 Asbestos Hazard Emergency Response Act (AHERA) Clean Air Act (CAA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Consumer Financial Protection Act of 2010 (CFPA), Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 Consumer Product Safety Improvement Act (CPSIA) Energy Reorganization Act (ERA) FDA Food Safety Modernization Act (FSMA), Section 402 Federal Railroad Safety Act (FRSA) Federal Water Pollution Control Act (FWPCA) International Safe Container Act (ISCA) Moving Ahead for Progress in the 21st Century Act (MAP-21) National Transit Systems Security Act (NTSSA) Occupational Safety and Health Act (OSH Act), Section 11(c) Pipeline Safety Improvement Act (PSIA) Safe Drinking Water Act (SDWA) Sarbanes-Oxley Act (SOX) Seaman's Protection Act (SPA), as amended by Section 611 of the Coast Guard Authorization Act of 2010, P.L. 111-281 Solid Waste Disposal Act (SWDA) Surface Transportation Assistance Act (STAA) Toxic Substances Control Act (TSCA) Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

Safety and Health Management Systems Chicken or the Egg Good place to start Management Leadership Employee Involvement Hazard Identification and Evaluation Hazard Prevention and Control Education and Training Evaluation/Audit/Review and Improvement Communication and Coordination for Host Employers, Contractors, and Staffing Agencies

Fall Stand-down 2017

Heat Stress Stand-down on May 22, 2017

Week of June 12, 2017

www.osha.gov 1-800-321-OSHA (6742) Thank You for Your Time The newly designed poster informs workers of their right to request an OSHA inspection of their workplaces, receive information and training on job hazards, report a work-related injury or illness, and raise safety and health concerns with their employer or OSHA without being retaliated against.