ABA – 2012 Enforcement Update Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational Safety and Health Administration

Discussion Points  Data Charts  Top ten series  Complaints  SVEP  NEPs  OSHA Campaigns  Data Charts  Top ten series  Complaints  SVEP  NEPs  OSHA Campaigns

FY 2011 End of Year Federal OSHA Inspection Data

FY 2007 – FY 2011 Inspections Conducted

FY 2007 – FY 2011 % Programmed vs. % Unprogrammed

FY 2007 – FY 2011 % Complaint Inspections

FY 2007 – FY 2011 % Follow-Up Inspections

FY 2007 – FY 2011 % Inspections In-Compliance

FY 2007 – FY 2011 Total Violations Issued

FY 2007 – FY 2011 % Total Violations Issued As Serious

FY 2007 – FY 2011 % Total Violations Issued As Serious, Willful, & Repeat

FY 2007 – FY 2011 % NIC Inspections With Only Other- Than-Serious Violations Cited

FY 2007 – FY 2011 Average Penalty Per Serious Violation

FY 2007 – FY 2011 % Inspections With Violations Contested

FY 2007 – FY 2011 % Construction Inspections

FY 2007 – FY 2011 Significant Cases

FY 2007 – FY 2011 Fatality Investigations

FY 2011 Top 10 Most Cited Standards (General Industry) 1.Hazard Communication 2.Lockout/Tagout 3.Electrical, Wiring Methods 4.Powered Industrial Trucks 5.Respiratory Protection 1.Hazard Communication 2.Lockout/Tagout 3.Electrical, Wiring Methods 4.Powered Industrial Trucks 5.Respiratory Protection 6.Electrical, General Requirements 7.Machine Guarding 8.Personal Protective Equipment 9.Recordkeeping, Forms 10.Mechanical Power Transmission Apparatus

FY 2011 Top 10 Most Cited Standards (Construction Industry) 1.Scaffolding 2.Fall Protection 3.Ladders 4.Fall Protection, Training Requirements 5.Hazard Communication 1.Scaffolding 2.Fall Protection 3.Ladders 4.Fall Protection, Training Requirements 5.Hazard Communication 6.Head Protection 7.General Safety & Health Provisions 8.Aerial Lifts 9.Eye & Face Protection 10. Specific Excavation Requirements

FY 2011 – Top 10 Serious Violations 1.Scaffolding 2.Fall Protection 3.Hazard Communication 4.Lockout/Tagout 5.Electrical, Wiring Methods 1.Scaffolding 2.Fall Protection 3.Hazard Communication 4.Lockout/Tagout 5.Electrical, Wiring Methods 6.Ladders 7.Powered Industrial Trucks 8.Machine Guarding 9.Respiratory Protection 10.Electrical, General Requirements 6.Ladders 7.Powered Industrial Trucks 8.Machine Guarding 9.Respiratory Protection 10.Electrical, General Requirements

FY 2011 – Top 10 Willful Violations 1.Excavation, Protective Systems 2.Fall Protection 3.Grain Handling Facilities 4.Process Safety Management 5.Asbestos 1.Excavation, Protective Systems 2.Fall Protection 3.Grain Handling Facilities 4.Process Safety Management 5.Asbestos 6.Recordkeeping, General Recording Criteria 7.Lockout/Tagout 8.Safeguards for Personnel Protection 9.Lead 10.Recordkeeping, Recording Criteria 6.Recordkeeping, General Recording Criteria 7.Lockout/Tagout 8.Safeguards for Personnel Protection 9.Lead 10.Recordkeeping, Recording Criteria

FY 2011 – Top 10 PSM Violations J – Mechanical Integrity D – Process Safety Information F – Operating Procedures E – Process Hazards Analysis L – Management of Change J – Mechanical Integrity D – Process Safety Information F – Operating Procedures E – Process Hazards Analysis L – Management of Change G – Training O – Compliance Audits H – Contractors I – Pre-Startup Review M – Incident Investigation G – Training O – Compliance Audits H – Contractors I – Pre-Startup Review M – Incident Investigation

FY 2011 Complaint Inspection Data  Total complaints received – 24,959  Total complaint inspections conducted – 8,760  Percent Serious – 68%  Percent SWR & FTA – 72%  Violations per inspection – 3.7  Average current penalty per serious violation - $2,001  Total complaints received – 24,959  Total complaint inspections conducted – 8,760  Percent Serious – 68%  Percent SWR & FTA – 72%  Violations per inspection – 3.7  Average current penalty per serious violation - $2,001

FY 2011 Top 10 Most Cited Standards for Complaint Inspections  Hazard Communication  Powered Industrial Trucks  Respiratory Protection  Electrical – Wiring Methods  Lockout/Tagout  Electrical – Systems Design  Personal Protective Equipment  Machine Guarding  Recordkeeping – Forms  Bloodborne Pathogens  Hazard Communication  Powered Industrial Trucks  Respiratory Protection  Electrical – Wiring Methods  Lockout/Tagout  Electrical – Systems Design  Personal Protective Equipment  Machine Guarding  Recordkeeping – Forms  Bloodborne Pathogens

Amputations NEP – FY 2011  Top 10 Most cited standards  LOTO  Machine guarding  Electrical wiring methods  Mechanical power transmission  Powered industrial trucks  Electrical – general requirements  Hazard communication  Abrasive wheel machinery  Woodworking machinery requirements  Mechanical power presses  Top 10 Most cited standards  LOTO  Machine guarding  Electrical wiring methods  Mechanical power transmission  Powered industrial trucks  Electrical – general requirements  Hazard communication  Abrasive wheel machinery  Woodworking machinery requirements  Mechanical power presses

Combustible Dust NEP – FY 2011  Top 10 standards cited  Hazard communication  Respiratory protection  Housekeeping  Electrical wiring methods  LOTO  Electrical wiring methods  Machine guarding  General duty clause (Section 5(a)(1))  Powered industrial trucks  General requirements for all machines  Top 10 standards cited  Hazard communication  Respiratory protection  Housekeeping  Electrical wiring methods  LOTO  Electrical wiring methods  Machine guarding  General duty clause (Section 5(a)(1))  Powered industrial trucks  General requirements for all machines

SVEP As of January 31, 2012, DEP has logged:  242 SVEP cases  50 (21%) SVEP cases are fatalities  27 (11%) cases are egregious, 4 of which were also fatalities  168 (69%) cases are Non-fatality/Catastrophe Criterion Related to a High-Emphasis Hazard  1 case is PSM-related Non-fatality/Catastrophe  148 (61 %) of the 242 SVEP cases are in construction  16 (11%) of the 148 SVEP construction cases are fatalities As of January 31, 2012, DEP has logged:  242 SVEP cases  50 (21%) SVEP cases are fatalities  27 (11%) cases are egregious, 4 of which were also fatalities  168 (69%) cases are Non-fatality/Catastrophe Criterion Related to a High-Emphasis Hazard  1 case is PSM-related Non-fatality/Catastrophe  148 (61 %) of the 242 SVEP cases are in construction  16 (11%) of the 148 SVEP construction cases are fatalities

SVEP  22 enhanced settlement agreements  24 company headquarters sent copies of citations and/or notified  1 Section 11(b) case referred to SOL or filed with the courts  Size of Employers (based on # EEs controlled)  131 employers had 1-25 employees (54% of the SVEPs)  52 employers had employees (21% of the SVEPs)  21 employers had employees (9% of the SVEPs)  38 employers had 251 employees or greater (16% of the SVEPs)  22 enhanced settlement agreements  24 company headquarters sent copies of citations and/or notified  1 Section 11(b) case referred to SOL or filed with the courts  Size of Employers (based on # EEs controlled)  131 employers had 1-25 employees (54% of the SVEPs)  52 employers had employees (21% of the SVEPs)  21 employers had employees (9% of the SVEPs)  38 employers had 251 employees or greater (16% of the SVEPs)

OSHA NEPs in Place (12)  Combustible Dust  Recordkeeping  Shipbreaking  Microwave popcorn  Crystalline silica  Amputations  Combustible Dust  Recordkeeping  Shipbreaking  Microwave popcorn  Crystalline silica  Amputations

OSHA NEPs in Place (12)  Trenching  Food flavorings – diacetyl  Hexavalent chromium  Primary metals  Lead  Chemical facilities  Trenching  Food flavorings – diacetyl  Hexavalent chromium  Primary metals  Lead  Chemical facilities

NEPs Under Development  Nursing Homes  Isocyanates  Note: There are approximately 150 LEPs in place  Nursing Homes  Isocyanates  Note: There are approximately 150 LEPs in place

OSHA Campaigns  Fall Protection  Heat  Public Sector Workers  Fall Protection  Heat  Public Sector Workers

Questions and Discussion

SOL Update and Comments Mary Anne Garvey Office of the Solicitor Region V U. S. Department of Labor Mary Anne Garvey Office of the Solicitor Region V U. S. Department of Labor

Other Appropriate Relief  Tampa Enterprises  Affirm Citation and penalties  Based upon failure to comply – other appropriate relief:  Provide monthly report for 2 years of all job sites and dates of work at those sites  Annual training to workers of scaffolding standards – provide training documentation to OSHA  Tampa Enterprises  Affirm Citation and penalties  Based upon failure to comply – other appropriate relief:  Provide monthly report for 2 years of all job sites and dates of work at those sites  Annual training to workers of scaffolding standards – provide training documentation to OSHA

Other Appropriate Relief  Tampa Enterprises  Based upon failure to comply – other appropriate relief:  Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years  Implementation of a safety and health management system  Tampa Enterprises  Based upon failure to comply – other appropriate relief:  Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years  Implementation of a safety and health management system

Other Appropriate Relief  Republic Engineered Products  Based upon failure to comply – other appropriate relief:  Affirmation of citation and penalty  Hire a S & H Consultant to conduct corporate- wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program  Republic Engineered Products  Based upon failure to comply – other appropriate relief:  Affirmation of citation and penalty  Hire a S & H Consultant to conduct corporate- wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program

Other Appropriate Relief  Republic Engineered Products  Based upon failure to comply – other appropriate relief:  Company to increase union participation in all aspects of their safety and health program  Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program  Republic Engineered Products  Based upon failure to comply – other appropriate relief:  Company to increase union participation in all aspects of their safety and health program  Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program