ASSE OSHA National Office Update March 2010 Richard E. Fairfax, CIH Director, Enforcement Programs Acting Director - Construction Richard E. Fairfax, CIH Director, Enforcement Programs Acting Director - Construction

FY 2010 (Oct 1 – Mar 22) Federal OSHA Inspection Data

FY 2006 – FY 2010 Inspections Conducted

FY 2010 Inspections Conducted Regional Planned vs. Actual Report Planned Insps – 18,875 Actual Insps - 17,207 Difference -1,668

FY 2006 – FY 2010 % Programmed vs. % Unprogrammed

FY 2006 – FY 2010 Percent Complaint Inspections

FY 2006 – FY 2010 % Inspections In-Compliance

FY 2006 – FY 2010 Total Violations Issued

FY 2006 – FY 2010 % Total Violations Issued As Serious

FY 2006 – FY 2010 % Total Violations Issued As Serious, Willful, Repeat, & Unclass

FY 2006 – FY2010 % NIC Inspections With Only Other-Than- Serious Violations Cited

FY 2006 – FY 2010 Percent Inspections With Violations Contested

FY 2006 – FY 2010 Average Penalty Per Serious Violation

FY 2006 – FY 2010 Percent Construction Inspections

FY 2006 – FY 2010 Significant Cases

Significant Cases

Egregious Cases

FY 2006 – FY 2010 Fatality Investigations

FY 2010 – General Industry Top 10 Most Cited Standards 1) Hazard Communication 2)Respiratory Protection 3)Lockout/Tagout 4)Electrical, Wiring Methods 5)Powered Industrial Trucks 1) Hazard Communication 2)Respiratory Protection 3)Lockout/Tagout 4)Electrical, Wiring Methods 5)Powered Industrial Trucks 6)Electrical, General Requirements 7)Machine Guarding 8)Process Safety Management 9)Personal Protective Equipment 10) Recordkeeping

FY 2010 – Construction Top 10 Most Cited Standards 1) Scaffolding 2)Fall Protection 3)Ladders 4)Hazard Communication 5)Head Protection 1) Scaffolding 2)Fall Protection 3)Ladders 4)Hazard Communication 5)Head Protection 6)General Safety & Health Provisions 7)Aerial Lifts 8)Excavation Requirements 9)Electrical, Wiring Methods 10) Eye & Face Protection

DOC Activities  Almost all efforts are focused on finishing the Cranes and Derricks Standard  Final rule expected this summer  Developing a Nail Gun safe use guidance document  Materials and support for the Hispanic Conference in April  Almost all efforts are focused on finishing the Cranes and Derricks Standard  Final rule expected this summer  Developing a Nail Gun safe use guidance document  Materials and support for the Hispanic Conference in April

Confined Spaced - Construction  Confined Spaces in Construction  Final rule preamble is currently being drafted  Anticipated final publication date is being determined  Confined Spaces in Construction  Final rule preamble is currently being drafted  Anticipated final publication date is being determined

Construction Services Projects  Training course for compliance officers on work zone safety  Masonry construction safety guidance document  Skylight floor hole opening quick card  Elevator construction guidance document  Demolition operations guidance document  Training course for compliance officers on work zone safety  Masonry construction safety guidance document  Skylight floor hole opening quick card  Elevator construction guidance document  Demolition operations guidance document

Construction Services Projects  Quick card – construction site sanitation  Construction electrical safety guidance document  Underground construction guidance document  Crane initiative  Fall protection initiative  Quick card – construction site sanitation  Construction electrical safety guidance document  Underground construction guidance document  Crane initiative  Fall protection initiative

Construction Services Projects  Trenching and excavation initiative  Shotcrete/gunite fact sheets  Looking at rescinding residential construction directive  ACCSH to meet April 12 th to 16 th in Houston  Trenching and excavation initiative  Shotcrete/gunite fact sheets  Looking at rescinding residential construction directive  ACCSH to meet April 12 th to 16 th in Houston

DEP Activities  SVEP  The following circumstances will be reviewed as a possible SVEP case:  A fatality or catastrophe situation,  In industry operations or processes that expose employees to the most severe occupational hazards and those identified as “High-Emphasis Hazards,”  Exposing employees to hazards related to the potential release of a highly hazardous chemical, or  All egregious enforcement actions.  SVEP  The following circumstances will be reviewed as a possible SVEP case:  A fatality or catastrophe situation,  In industry operations or processes that expose employees to the most severe occupational hazards and those identified as “High-Emphasis Hazards,”  Exposing employees to hazards related to the potential release of a highly hazardous chemical, or  All egregious enforcement actions.

DEP Activities  SVEP  “High-Emphasis Hazards” means only high gravity serious violations of specific standards covered under falls or the following NEPs:  amputations,  combustible dust,  crystalline silica,  lead,  excavation/ trenching, and  shipbreaking,  Regardless of the type of inspection being conducted. Low and moderate gravity violations will not be considered for a SVEP case.  SVEP  “High-Emphasis Hazards” means only high gravity serious violations of specific standards covered under falls or the following NEPs:  amputations,  combustible dust,  crystalline silica,  lead,  excavation/ trenching, and  shipbreaking,  Regardless of the type of inspection being conducted. Low and moderate gravity violations will not be considered for a SVEP case.

DEP Activities  The SVEP also includes the following action elements for employers who meet the SVEP criteria.  Enhanced follow-up inspections,  Nationwide referrals, which will include State Plan States,  Increased company awareness, which will include issuing News Releases,  Enhanced settlement provisions, and  Increased use of Federal court enforcement action (contempt of court) under Sec. 11(b) of the OSH Act.  The SVEP also includes the following action elements for employers who meet the SVEP criteria.  Enhanced follow-up inspections,  Nationwide referrals, which will include State Plan States,  Increased company awareness, which will include issuing News Releases,  Enhanced settlement provisions, and  Increased use of Federal court enforcement action (contempt of court) under Sec. 11(b) of the OSH Act.

DEP Activities  Corporate Wide Settlement Agreements  Tied into the SVEP  Looking for systemic patterns of violations  OSHA can now approach employers to enter into a corporate agreement  Directive is out for review and concurrence  Corporate Wide Settlement Agreements  Tied into the SVEP  Looking for systemic patterns of violations  OSHA can now approach employers to enter into a corporate agreement  Directive is out for review and concurrence

DEP Activities  OSHA Penalties  OSHA is exploring changing administrative reductions and informal settlement agreement reductions  OSHA Penalties  OSHA is exploring changing administrative reductions and informal settlement agreement reductions

DEP Activities  PSM Projects  Chemical Plant NEP  Refinery NEP  Meer Directive being redrafted  Flammables in atmospheric tanks – focuses also on process vs. storage tanks  Reactives Directive – drafting in progress  PSM Projects  Chemical Plant NEP  Refinery NEP  Meer Directive being redrafted  Flammables in atmospheric tanks – focuses also on process vs. storage tanks  Reactives Directive – drafting in progress

DEP Activities  NEP – high hazard facilities – reviewing Regional comments  Isocyanates NEP  Replaces the asthmagens NEP  Updating the TB Compliance Directive and the Bloodborne pathogens compliance directive  Evaluating the Amputations NEP  NEP – high hazard facilities – reviewing Regional comments  Isocyanates NEP  Replaces the asthmagens NEP  Updating the TB Compliance Directive and the Bloodborne pathogens compliance directive  Evaluating the Amputations NEP

DEP Activities  IH Chapter for the FOM vs. IH FOM  Change 1 to the FOM  NEP for Hexavalent Chromium – in final clearance  IH Chapter for the FOM vs. IH FOM  Change 1 to the FOM  NEP for Hexavalent Chromium – in final clearance

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