March 2011

U.S. Dept. of Labor/OSHA Region III James Touey Compliance Assistance Specialist Phone# (215)597-4955 e-mail: touey.james@dol.gov

Overview: OSHA at 40 OSHA Update FY 2011 Inspection Targeting OSHA Top 10 Violations Questions and Answers What we are going to review

What has OSHA done in 40 yrs? The Occupational Safety and Health Administration was established in 1971. Since then, OSHA and our state partners, coupled with the efforts of employers, safety and health professionals, unions and advocates, have had a dramatic effect on workplace safety. Fatality and injury rates have dropped markedly. Although accurate statistics were not kept at the time, it is estimated that in 1970 around 14,000 workers were killed on the job. That number fell to approximately 4,340 in 2009. At the same time, U.S. employment has almost doubled and now includes over 130 million workers at more than 7.2 million worksites. Since the passage of the OSH Act, the rate of reported serious workplace injuries and illnesses has declined from 11 per 100 workers in 1972 to 3.6 per 100 workers in 2009. OSHA safety and health standards, including those for trenching, machine guarding, asbestos, benzene, lead, and bloodborne pathogens have prevented countless work-related injuries, illnesses and deaths. This timeline highlights key milestones in occupational safety and health history since the creation of OSHA.

OSHA Update: OSHA’s Administrative Penalty Policy Change Global Harmonization System PEL Project Withdrawal of Engineering Controls for Noise Proposal Withdrawal of Musculoskeletal Disorder (MSD) Column on 300 log What we are going to review

Administrative Penalty Policy OSHA penalties have not been adjusted for several decades Work group assembled to evaluate the Agency’s penalty policies Conclusion of the work group – current penalties are too low to have an adequate deterrent effect New changes effective October 1, 2010 Have not been adjusted for over 40 years, since inception of OSHA

Gravity-Based Penalty Old New High/Greater $5,000 or $7,000 $7,000 Medium/Greater $3,500 $6,000 Low/Greater $2,500 $5,000 High/Lesser Medium/Lesser $2,000 $4,000 Low/Lesser $1,500 $3,000 High Gravity currently starts at $5,000 and only is adjusted to $7,000 at the discretion of the AD. Severity and probability assessment methods remain unchanged. The gravity of a violation is the primary consideration in calculating penalties and is established by assessing the severity of the injury/illness which could result from a hazard and the probability that an injury or illness could occur. OSHA is adopting a gravity-based penalty structure for serious citations which will range from $3,000 to $7,000.

Size Old Reduction New Reduction 1 - 25 60% 40% 26 - 100 30% 101 - 250 20% 10% 251 or more None - # of employees is unchanged however the reduction factors have been modified.

No reduction or increase History Old New Consider previous 3 yrs 10% reduction Inspected w/i last 5 yrs, no SWRF citations issued (OTS or IC only) Citations within the previous 3 yrs No reduction Inspected and HG Serious or WRF citations issued in the past 5 yrs 10% increase Never inspected or no HG serious, WRF citations in the past 5 yrs No reduction or increase Several changes were made to the History adjustment OTS = Other Than Serious IC = In Compliance Will consider the previous 5 years rather than three years. High gravity citations in the previous 5 years will result in a penalty increase of 10% If an employer has never been inspected or has not received a high gravity citation in the previous 5 years, no adjustment will be made.

Penalty Adjustment Factors Adjustment factors will be applied serially as follows: History Good Faith Quick-Fix Size

Application of Penalty Adjustment Factors Old: All penalty reduction factors summed and multiplied by the Gravity-Based Penalty (GBP) New: Penalty adjustment factors will be applied serially to the GBP (e.g., 10%, then 40%, etc. instead of 50%) Example follows No penalty shall exceed the statutory maximum of $7,000 for a serious violation. For example, an employer who has been cited by OSHA in the past and received high gravity citations with no other penalty adjustments could receive a penalty of $7,700. Penalties will be applied as follows: History, Good Faith, Quick-Fix and Size. This a serial reduction—Like a sale at a department store!—the result is that the penalties are greater.

Sample Moderate Gravity Comparison: Summed vs. Serial Sample Data Summed Serially* High/Lesser $5,000 History (10%) $4,500 -10% Good Faith (15%) $3,825 – 15% Quick Fix (15%) $3,251 – 15% Size (30%) 10% + 15% + 15% + 30% = 70% $2,275 - 30% Result $1,500 $2,275 * - No proposed penalty shall exceed the statutory limit for a serious violation or $7,000 for a HG serious

Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS) (September 30, 2009) SUMMARY: OSHA is proposing to modify its existing Hazard Communication Standard (HCS) to conform with the United Nations’ (UN) Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA has made a preliminary determination that the proposed modifications will improve the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. The Agency anticipates this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries. The proposed modifications to the standard include (1) revised criteria for classification of chemical hazards; (2) revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; (3) a specified format for safety data sheets; and (4) related revisions to definitions of terms used in the standard, requirements for employee training on labels and safety data sheets. OSHA is also proposing to modify provisions of a number of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements. ================================================ 29 Dec 2009: The Labor Department's Occupational Safety and Health Administration has scheduled informal public hearings on a proposal to revise its hazard communication standard, the agency said in a notice slated for publication in the Dec. 29 Federal Register. The agency is inviting interested parties with knowledge of hazard communications and the agency's proposed rule to participate at the hearings, scheduled for March 2 in Washington, D.C., March 31 in Pittsburgh, and April 13 in Los Angeles. The proposed rule, issued last September, would change OSHA's criteria for classifying physical and health hazards, adopt standardized labeling requirements, and require a standardized order of information for safety data sheets (187 DLR A-14, 9/30/09). Interested persons who intend to present testimony or question witnesses must submit a notice of their intention to do so by Jan. 18. Those who request more than 10 minutes to present testimony or who intend to submit documentary evidence at the hearing must submit the full text of their testimony and all documentary evidence by Feb. 1. Further information, including times and locations for the hearings and how to submit material to the agency, may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=vros-7z6s2h. http://edocket.access.gpo.gov/2009/pdf/E9-22483.pdf

http://www.osha.gov/pelforum.html

Injury and Illness Prevention Program I2P2  Title: Injury and Illness Prevention Program  Abstract: OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. OSHA has substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes. The Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904-3916), published in 1989. An injury and illness prevention rule would build on these guidelines as well as lessons learned from successful approaches and best practices under OSHA's Voluntary Protection Program Safety and Health Achievement Recognition Program and similar industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10 and Occupational Health and Safety Assessment Series 18001. Twelve States have similar rules. 

I2P2: “Injury and Illness Prevention” Program”, Proposed Rule Aimed to minimize worker exposure to safety and health hazards. Require employers to create a plan to 'find and fix' the hazards in their workplaces and then implement the plan. Include worker participation in the company safety and health plan. Stake holder meetings: Federal Register Notice: http://s.dol.gov/35. May 4, 2010 2010: The meetings will be held June 3 in East Brunswick, N.J., June 10 in Dallas, Texas, and June 29 in Washington, D.C. All meetings will take place from 8:30 a.m. to 4:30 p.m. local time. Those interested in participating in the meetings should submit a notice of intent to participate at https://www2.ergweb.com/projects/conferences/osha/register-osha-I2P2.htm. Submissions also can be mailed to Eastern Research Group Inc., 110 Hartwell Ave., Lexington, MA 02421; Attention: OSHA Injury and Illness Prevention Programs Stakeholder Meeting Registration. Or fax submissions to 781-674-2906 labeled "Attention: OSHA Injury and Illness Prevention Programs Stakeholder Meeting Registration." Submission deadlines for confirmed registration are May 20 for the June 3 meeting, May 27 for the June 10 meeting and June 15 for the June 29 meeting. After these deadlines, registration will remain open until the meetings are full. http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17616

Elements of an Effective Safety and Health Program 1989 Voluntary Safety and Health Program Management Guidelines The VPP program is based upon: OSHA published Voluntary Guidelines for an effective safety and health program in the Federal Register more than a decade ago (in January 1989) to encourage employers to adopt safety and health programs. This presentation is based on these guidelines. OSHA also has a safety and health programs proposed rule in the works, but that rule is still under review at this time. FR: 54:3904 The guidelines consist of elements which represent applied safety and health management practices that are used by employers who are successful in protecting the safety and health of their employees. These program elements are advocated by many safety and health professionals and endorsed by both corporations and labor unions. Published January 26, 1989, FR 54:3904-3916 Elements are critical to the development of a successful safety and health program Guidelines recommend specific actions under each of the general elements FR 54:3904-3916 Jan 1989 74:927-952 Jan 9, 2009

Safety and Health Program Management Guidelines Identifies 4 general elements management commitment and employee involvement, worksite analysis, hazard prevention and control, and safety and health training

Feasible Controls for Noise proposal withdrawn The interpretation would have clarified the term "feasible administrative or engineering controls" as used in OSHA's noise standard. The proposed interpretation was published in the Federal Register on Oct. 19, 2010. Proposal was withdrawn on January 19, 2011

MSD Column on 300 log proposal withdrawn Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA proposed to restore the MSD column to the OSHA Form 300 log.

MSD Column on 300 log proposal withdrawn The U.S. Department of Labor's Occupational Safety and Health Administration today announced that it has temporarily withdrawn from review by the Office of Management and Budget its proposal to restore a column for work-related musculoskeletal disorders on employer injury and illness logs. The agency has taken this action to seek greater input from small businesses on the impact of the proposal and will do so through outreach in partnership with the U.S. Small Business Administration's Office of Advocacy. "Work-related musculoskeletal disorders remain the leading cause of workplace injury and illness in this country, and this proposal is an effort to assist employers and OSHA in better identifying problems in workplaces," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "However, it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community." According to the Bureau of Labor Statistics, MSDs accounted for 28 percent of all reported workplace injuries and illnesses requiring time away from work in 2009.

OSHA INSPECTIONS (SST-10) Site Specific Targeting (SST) Comprehensive 3 Categories: Manufacturing Establishments Non-Manufacturing Establishments Nursing and Personal Care Facilities Based upon DART and DAFWII Rates 15,000 employers identified nationally 1552 in PA identified for 2010 OSHA’s main program inspection plan for non-construction workplaces with 40 or more employees. Information is from the OSHA Data Initiative Survey. Highest rates of workplace injuries and illness through employer reported data from a 2008 survey of 80,000 worksites (this survey collected injury and illness data for calendar year 2007). Workplaces receiving notifications had rates more than twice the national average among all U.S. workplaces for injuries resulting in day away from work, restricted work activity, or job transfer.

OSHA’s Top 10 Violations in General Industry: 2010 1. Hazard Communication 2. Respiratory Protection 3. Lockout/Tagout 4. Electrical, Wiring Methods 5. Powered Industrial Trucks 6. Electrical, General Requirements 7. Machine Guarding, General Requirements 8. Personal Protective Equipment 9. Recordkeeping 10. Process Safety Management

OSHA TOP 10 Violations 1) 1910.1200(e)(1) No written hazard communication program 2) 1910.212(a)(1) General Machine Guarding 3) 1910.147(c)(4) No machine specific energy control procedures 4) 1910.1030(c)(1) No written bloodborne pathogens exposure control plan 5) 5(a)(1) General Duty Clause 6) 1910.147(c)(6) No periodic inspections of energy control procedures 7) 1910.147(c)(7) Employees not trained on the energy control program 8) 1910.1200(f)(5) Containers of hazardous chemicals not properly labeled 9) 1910.305(g)(1) Flexible cords and cables were not approved and suitable for conditions of use and location 1910.303(b)(2) Electrical equipment was not used or installed in accordance with listing and labeling instructions OSHA Federal Standards cited by Frequency in Region III Jan. 1, 2009 – Jan. 1, 2011, SIC 2011 - 8999

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