March 2011

U.S. Dept. of Labor/OSHA Region III James Touey Compliance Assistance Specialist Phone# (215)

Overview: OSHA at 40 OSHA Update FY 2011 Inspection Targeting OSHA Top 10 Violations Questions and Answers

What has OSHA done in 40 yrs? The Occupational Safety and Health Administration was established in 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 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 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

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

Gravity-Based Penalty OldNew High/Greater$5,000 or $7,000$7,000 Medium/Greater$3,500$6,000 Low/Greater$2,500$5,000 High/Lesser$2,500$5,000 Medium/Lesser$2,000$4,000 Low/Lesser$1,500$3,000

Size Old ReductionNew Reduction %40% %30% %10% 251 or moreNone

History OldNew Consider previous 3 yrs 10% reduction Inspected w/i last 5 yrs, no SWRF citations issued (OTS or IC only) 10% reduction 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

Penalty Adjustment Factors Adjustment factors will be applied serially as follows: 1.History 2.Good Faith 3.Quick-Fix 4.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

Sample Moderate Gravity Comparison: Summed vs. Serial Sample DataSummedSerially* High/Lesser$5,000 History (10%)$4, % Good Faith (15%)$3,825 – 15% Quick Fix (15%)$3,251 – 15% Size (30%)10% + 15% + 15% + 30% = 70% $2, % Result$1,500$2,275

Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS) (September 30, 2009)

Injury and Illness Prevention Program I2P2

 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: May 4, 2010http://s.dol.gov/35 ment?p_table=NEWS_RELEASES&p_id=17616 I2P2: “Injury and Illness Prevention”

Elements of an Effective Safety and Health Program 1989 Voluntary Safety and Health Program Management Guidelines FR 54: Jan : 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, 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 Top 10 Violations in General Industry: 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) (e)(1)No written hazard communication program 2) (a)(1)General Machine Guarding 3) (c)(4)No machine specific energy control procedures 4) (c)(1)No written bloodborne pathogens exposure control plan 5)5(a)(1)General Duty Clause 6) (c)(6)No periodic inspections of energy control procedures 7) (c)(7)Employees not trained on the energy control program 8) (f)(5)Containers of hazardous chemicals not properly labeled 9) (g)(1)Flexible cords and cables were not approved and suitable for conditions of use and location 10) (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

Questions and Answers