OSHA Update Eric Harbin Acting Regional Administrator Occupational Safety and Health Administration September 7, 2018

OSHA’s Continuing Mission Every year more than 4,500 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.

Key Tools Enforcement Outreach Compliance Assistance

Number of fatal workplace injuries The number of fatal workplace injuries has dropped considerably since OSHA was formed in 1970. Worker deaths in America are down-on average, from about 38 worker deaths a day in 1970 to 14 a day in 2016. Worker injuries and illnesses are down-from 10.9 incidents per 100 workers in 1972 to 2.9 per 100 2016. Update for 2016: There were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015, according to the U.S. Bureau of Labor Statistics. This is the third consecutive increase in annual workplace fatalities and the first time more than 5,000 fatalities have been recorded by the Census of Fatal Occupational Injuries (CFOI) since 2008.

Rate of fatal workplace injuries Per 100,000 workers The rate of fatal workplace injuries has dropped considerably since OSHA was formed in 1970. Worker deaths in America are down-on average, from about 38 worker deaths a day in 1970 to 14 a day in 2016. Update for 2016: The fatal injury rate increased to 3.6 per 100,000 full-time equivalent (FTE) workers from 3.4 in 2015, the highest rate since 2010. 2015 1974-2001 data were estimated from BLS Survey of Employers 2002-2015 data were gathered from BLS Census of Fatal Injuries In 2006, BLS switched from employment-based calculations to hourly calculations

Most frequently cited OSHA standards during FY 2017 inspections Top Ten Violations Most frequently cited OSHA standards during FY 2017 inspections Fall Protection – General Requirements (1926.501) Hazard Communication (1910.1200) Scaffolding (1926.451) Respiratory Protection (1910.134) Lockout/Tagout (1910.147) Ladders (1926.1053) Powered Industrial Trucks (1910.178) Machine Guarding (1910.212) Fall Protection – Training Requirements (1926.503) Electrical – Wiring Methods (1910.305) This is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA. OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. [Note to presenters: More detailed PPTs on Top 10 Violations in various industries are available on the O drive under DCSP/CAS Resources/Presentations/Top 10 Violations/. These are the top 10 most frequently cited standards in fiscal year 2008 (Oct. 2007 through Sept. 2008): Amazingly, 9 of the 10 are still there. The only difference is training in fall protection (#9) has replaced general requirements for electrical design (1910.303). The same can be said for 2000, which was the oldest I could find. 1.Scaffolding, general requirements, construction (29 CFR 1926.451) [related topic page] 2.Fall protection, construction (29 CFR 1926.501) [related topics page] 3.Hazard communication standard, general industry (29 CFR 1910.1200) [related topic page] 4.Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) [related topic page] 5.Respiratory protection, general industry (29 CFR 1910.134) [related topic page] 6.Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) [related topic page] 7.Powered industrial trucks, general industry (29 CFR 1910.178) [related topic page] 8.Ladders, construction (29 CFR 1926.1053) [related topic page] 9.Machines, general requirements, general industry (29 CFR 1910.212) [related topics page] 10.Electrical systems design, general requirements, general industry (29 CFR 1910.303) [related topic page]

Employer Responsibility OSH Law: Workplace safety and health is the responsibility of employers Cornerstone: Prevention Set the tone: Make safety and health a workplace priority Right incentives: Reward workers for showing initiative, raising safety concerns, and participating in prevention efforts osha.gov/employers

Workplace injuries and fatalities cost our economy $198 Workplace injuries and fatalities cost our economy $198.2 billion a year. — National Safety Council “Injury Facts” 2014

Recordkeeping Requirements: Who has to complete the OSHA injury and illness recordkeeping forms? Many but not all employers. Exceptions are based on: Small employer exemption – 10 or fewer employees at all times during the year Low-hazard industry exemption – see list of Partially Exempt Industries (PDF) Fatality and other serious event reporting as well as injury and illness surveys involve other considerations. [Note to presenters: For more detailed slides on OSHA’s recordkeeping requirements, see https://www.osha.gov/recordkeeping/RKpresentations.html.] “It’s easy and beneficial.” 2 3

Recordkeeping Resources Recordkeeping web page (https://www.osha.gov/recordkeeping) Q&A Search web page (https://www.osha.gov/recordkeeping/faq_search/index.html) Local OSHA Offices https://www.osha.gov/html/RAmap.html) E-correspondence/Contact us (https://www.osha.gov/html/Feed_Back.html) The Recordkeeping page includes links to reference documents that address the specific requirements of the recordkeeping rule and answer many reoccurring questions, as well as a link to the recordkeeping forms package itself. To learn the details of what you need to do to be in compliance with the recordkeeping rule, you may want to take some time to familiarize yourself with the Regulatory Text and FAQs posted here. The Letters of Interpretation and the Recordkeeping Handbook are also useful reference documents linked from the Recordkeeping page.   If you have specific questions that you cannot find direct guidance for in these documents, you may want to try the Recordkeeping Q&A Search application. Also, feel free to call your local OSHA office or submit your question using OSHA’s e-correspondence web page. You can get a list of OSHA offices and can access OSHA’s Electronic Mail Form using the Contact Us link at the bottom of the Recordkeeping page. 17 18

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.

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) Or report online at osha.gov/report 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

Electronically Submitting Injury, Illness Data Covered employers must electronically submit info from their OSHA Form 300A to OSHA Applies to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses Form 300A deadlines: 2017 data: Submit by July 1, 2018 2018 data and forward: Submit by March 2 OSHA issued a proposed rule on July 30, 2018 to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees which are required to routinely keep injury and illness records.

National Emphasis Programs (NEP) Combustible Dust Federal Agencies Hazardous Machinery Hexavalent Chromium Lead Primary Metals Industries Process Safety Management Shipbreaking Trenching & Excavation Silica and isocyanates are no longer NEPs. Which is the oldest? Trenching from 1985 but will be revised shortly. Which one is an Agency Priority goal”? Trenching Here in Region 6, we have 10 REPs: CPL 2 02-00-014 - Regional Emphasis Program for Construction - PDF CPL 2 02-00-021 - Regional Emphasis Program for Cranes used in Construction - PDF CPL 2 02-00-024 - Regional Emphasis Program for Fall Hazards in Non-Construction Industries - PDF CPL 2 02-00-028 - Regional Emphasis Program for Grain Handling Facilities - PDF CPL 2 - 02-00-029 - Regional Emphasis Program for Health Hazards in the Healthcare Industry - PDF CPL 2 02-00-027 - Regional Emphasis Program for Heat Illnesses - PDF CPL 2 02-00-023 - Regional Emphasis Program for High Noise in Manufacturing Industries - PDF CPL 2 02-00-022A - Regional Emphasis Program for Safety & Health Hazards in the Manufacture of Fabricated Metal Products - PDF CPL 2 02-00-013 - Regional Emphasis Program for the Upstream Oil and Gas Industry - PDF CPL 02-02-030 - Regional Emphasis Programs for Poultry Processing Facilities - PDF

Inspections Conducted by Federal OSHA FY 2007 – FY 2016 In FY 2016, State Plan States conducted 43,105 inspections. This chart shows the number of inspections conducted by federal OSHA over the years. State Plan States conducted 43,105 inspections in FY 2016. Update for FY17: Federal OSHA conducted 32,408 inspections.

$12,934 per day beyond the abatement date New Penalty Levels Adjusted Jan 2, 2018 Type of Violation New Maximum* Serious and Other-Than-Serious Posting Requirements    $12,934 per violation Willful or Repeated $129,336 per violation   Failure to Abate $12,934 per day beyond the abatement date *Maximum penalties will be readjusted annually for inflation.

RETALIATION Whistleblower Protections Retaliation against workers Bad for workers and bad for business When workers fear retaliation for speaking up, problems in the workplace go unreported and become costlier to fix. What is “Retaliation”? In response to employees exercising their rights, retaliation includes: Writing up a worker Suspending an employee Reducing hours Changing a worker’s job functions Demotion Harassment Lay-off It’s important to understand that retaliation against workers is bad for workers, bad for business. More information is on the website Whistleblowers.gov

Employers have certain responsibilities and workers have certain rights under the OSH Act of 1970. Workers’ rights under the OSH Act include: The right to report unsafe conditions to management or to OSHA The right to report injuries The right to assist an OSHA investigation The right to request PPE In particular, employees who exercise these rights may not face retaliation in the workplace under more than 20 statutes that protect whistleblowers. To keep clear of violations under these whistleblower statutes, employers need to understand how these protections affect them and their employees: Whistleblowers.gov

Compliance Assistance OSHA helping employers 20 million visitors to OSHA’s website in FY 2017 247,000 responses to OSHA 1-800 calls for help 18,000 e-mail requests for assistance answered 5,000 outreach activities by Regional & Area Offices 26,000 small businesses helped through Consultation [Note to presenters: For a PPT on OSHA’s small business resources, see the O drive at DCSP/CAS Resources/Small Businesses/.]

Compliance Assistance Specialists Work out of OSHA’s Area Offices Provide general information about OSHA’s standards and compliance assistance resources Available for seminars, workshops, and speaking events OSHA’s Compliance Assistance Specialists (CASs) implement OSHA’s outreach initiatives around the country. There is one CAS in most OSHA Area Offices. A directory of CASs is available on the OSHA Compliance Assistance Web page. Note that CASs do not perform On-site Consultation visits. To request On-site Consultation assistance, contact your state On-site Consultation Project. www.osha.gov/dcsp/compliance_assistance/cas.html

Help for Small Businesses: OSHA’s On-site Consultation Program OSHA's preeminent compliance assistance program for small employers. In all 50 States and most Territories. Services Hazard identification and correction Assistance in Safety and Health Program development Benefits Service is FREE and confidential Exemption from OSHA's programmed inspections Training and technical assistance available The On-site Consultation Program has been serving small businesses since 1975. The program has had a big impact on businesses and their employees all over the country. OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health programs. www.osha.gov/dcsp/smallbusiness/consult.html

On-site Consultation

Cooperative Programs Web Page The Cooperative Programs Web page is a portal to information on OSHA’s cooperative programs. It includes a brief description of each program and a “Find a Cooperative Program” tool to help users identify relevant cooperative programs.

OSHA INITIATIVES Safe and Sound Water, Rest and Shade Trenching Fall Stand Down

Safety and Health Programs Recommended Practices Based on best thinking and experiences of successful employers Will help small and medium-sized employers find and fix hazards before workers are harmed Shows how multiple employers on same worksite can coordinate efforts to ensure all workers are given equal protection OSHA has issued two versions of its recommended practices for safety and health programs: one for general industry and one for construction.

Safety and Health Programs Seven Core Elements Management leadership Worker participation Hazard identification and assessment Hazard prevention and control Education and training Program evaluation and improvement Coordination and Communication on Multi-Employer Worksites

OSHA Trenching Initiative [Note to presenters: For a more detailed PPT on trenching, see the O drive under DCSP/CAS Resources/Presentations/Trenching/.]

OSHA Trenching Initiative Increase awareness of excavation hazards in construction; Educate employers and workers on safe cave-in prevention solutions; and Decrease the number of trench collapses Trenching-related fatalities and injuries continue to trouble the construction industry, despite the availability of well-known and effective control methods, such as sloping and benching, shoring, and trench boxes and shields. OSHA has emphasized trench safety in previous national and regional emphasis programs. These efforts led to decreased trench-related fatalities, including lower numbers such as 2012 (8), 2014 (11), and 2015 (11). However, the trend changed in 2016. OSHA observed a significant increase in the number of trench-related fatalities between 2015 and 2016. The eleven trench-related fatalities reported in 2015 increased to twenty three in 2016. BLS data shows that there were 37 fatalities involving ditches, channels, trenches, and excavations in 2016. (Not all of these fatalities fall in OSHA’s jurisdiction: Sole proprietor, covered by another Agency, etc.) In the previous five years, the average annual number of fatalities was under 20. By increasing awareness of trench safety issues, OSHA hopes to reverse this troubling trend.  

Trenching Fatalities Years Trench Fatalities in all Industries 21 17 2011 2012 2013 2014 2015 2016 Trench Fatalities in all Industries 21 17 22 13 25 37 Trench Fatalities in Construction 10 33 OSHA observed an increase in fatal trench incidents in 2015 and 2016. The Final 2017 BLS numbers have not been released. Source of fatality data: Bureau of Labor Statistics

This is OIS data, not BLS! BLS includes all data, including injuries and deaths not in our jurisdiction. OIS data is used to get instant data, it will not align with BLS. It does however give OSHA real time data about the trends.  

Fall Prevention Campaign FALLS are the leading cause of deaths in construction — 37% of all construction fatalities In 2016, there were 370 fatal falls to a lower level out of 991 construction fatalities Millions of employers and workers participate in annual National Safety Stand-Down to prevent falls events nationwide

Fatal falls to lower level by height of fall, 2016 Note, 40% of the fall fatalities are 15 or below. Many construction workers think they can jump down and land fine at 10’ and not get hurt….the problem is, you don’t land fine when you fall.

Heat Stress Campaign In 2016, 39 workers died from heat exposure. 220 Since 2011 More than 4,110 workers were injured from heat related illnesses. 21,350 since 2011 Acclimate!

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. Shared control over worker = Shared responsibility for worker

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. 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.

Temporary Workers: Outreach & Education Alliance with American Staffing Association Temporary Worker Recommended Practices Series of Temporary Worker Initiative Bulletins www.osha.gov/temp_workers/index.html

Prevent Workplace Violence OSHA RECOMMENDS: Policy Statement Hazard/Threat/Security assessment Workplace controls and prevention strategies Training and education Incident reporting and investigation Periodic review with employee input   In most workplaces, the risk of workplace violence can be prevented or minimized if employers take appropriate precautions. One of the best protections employers can offer their workers is to establish a zero-tolerance policy toward workplace violence. This policy should cover all workers, patients, clients, visitors, contractors, and anyone else who may come in contact with company personnel. By assessing their worksites, employers can identify methods for reducing the likelihood of incidents occurring. OSHA believes that a well-written and implemented workplace violence prevention program, combined with engineering controls, administrative controls and training can reduce the incidence of workplace violence in both the private sector and federal workplaces. This can be a separate workplace violence prevention program or can be incorporated into an injury and illness prevention program, employee handbook, or manual of standard operating procedures. It is critical to ensure that all workers know the policy and understand that all claims of workplace violence will be investigated and remedied promptly. In addition, OSHA encourages employers to develop additional methods as necessary to protect employees in high risk industries. For example, last year OSHA released updated guidelines for preventing workplace violence in healthcare and social services settings.

Top 5 industries reporting worker injuries from workplace violence 11,140 Healthcare & Social Assistance 1,420 Retail 960 Food Services & Accommodation 910 Transportation & Warehousing/Waste Management 810 Education When most people think about going into work every day, they probably assume a few things. One of those things is that they won’t be physically assaulted while doing their job. That they will go home at the end of the day without being injured or killed. For many workers, however for too many workers that is not their daily reality. This is especially true for those in healthcare and social services and other high hazard industries. Workplace violence can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. However it manifests itself, workplace violence is a growing concern for employers and employees nationwide. LEARN HOW to assess hazards & develop individual worksite plans: www.OSHA.gov Source: Bureau of Labor Statistics (2014). Survey of Occupational Injuries and Illnesses. [Intentional Injury by Person (OIICS code 11*)]

Protecting Young Workers Workers <25 years old were twice as likely to end up in the emergency room as those 25 and older osha.gov/youngworker

Training and Education OSHA Outreach Training Program OSHA Training Institute OSHA Training Institute Education Centers Susan Harwood Training Grants Outreach Training Program - The Outreach Training Program is a 10- or 30-hour course that OSHA-contracted Education Centers and other authorized trainers provide. The OSHA Outreach Training Program provides training for workers and employers on the recognition, avoidance, abatement, and prevention of safety and health hazards in workplaces. The program also provides information regarding workers' rights, employer responsibilities, and how to file a complaint. This is a voluntary program and does not meet training requirements for any OSHA standards. The 10-hour class is intended for entry level workers, while the 30-hour class is more appropriate for supervisors or workers with some safety responsibility. Through the program, individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour or 30-hour Outreach Training Program courses in construction or general industry safety and health standards. OSHA has also established outreach training programs for the maritime industry and disaster site workers. OSHA Training Institute - OTI provides training and education in occupational safety and health for federal and state compliance officers, state consultants, other federal agency personnel, and the private sector. OSHA Training Institute Education Centers - The OTI Education Centers program was initiated as an extension of the OSHA Training Institute. It is a national network of training sites offering OTI courses geared toward the private sector. The OTI Education Centers are the primary distribution channel for Outreach Trainer courses. Susan Harwood Training Grants - OSHA awards grants to nonprofit organizations on a competitive basis through its Susan Harwood Training Grant Program. Grants are awarded to provide training and education programs for employers and employees on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. OSHA selects the safety and health topics and holds a national competition to award grants for Targeted Topic Training programs.

Region VI OSHA Education Centers Texas A&M Engineering Extension Service (800) 723-3811 www.teex.org/itsi The University of Texas at Arlington (866) 906-9190 www.uta.edu/ded/osha Mid-South OTI Education Center (Consortium) (877) 345-2515 www.midsouthoti.org Oklahoma State University (405) 744-5714 or https://ceatpd.okstate.edu

Education Centers Webinars Safe + Sound https://vimeo.com/223171260 Amputation https://vimeo.com/233492751 Silica https://vimeo.com/258109088    Preventing Falls https://vimeo.com/267227573

OSHA Publications for every employer’s workplace training needs www.osha.gov/publication

OSHA QuickTakes FREE OSHA e-newsletter delivered twice monthly to more than 170,000 subscribers Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards Sign up at www.osha.gov

Safety & Health Conference OSHA Construction Safety & Health Conference www.oshacon.org

Safety and Health Conference OSHA Oil & Gas Safety and Health Conference www.oshasafetyconference.org

Contact Us Toll-free hotline: 1-800-321-OSHA (6742) Submit email questions through OSHA’s website at www.osha.gov Contact your local OSHA Area Office https://www.osha.gov/html/RAmap.html Here’s how you can contact OSHA. Go to www.osha.gov and click on “Contact Us” link in “About OSHA” tab.

www.osha.gov 800-321-OSHA (6742)