OSHA Review and Update for FY 2010 Presented by: George B. Flynn, MS, CIH Compliance Assistance Specialist OSHA Englewood Area Office

New OSHA Leadership and Direction Local Injury Statistics and Frequently Cited OSHA Violations Current Colorado Enforcement Initiatives What’s New on the OSHA Web Topics

“good jobs for everyone”

Secretary Solis’ Worker Memorial Day Remarks – (Apr. 28, 2009) “When it comes to workplace protection, workplace health and workplace safety, let me be clear: the Labor Department is back in the enforcement business… Under my watch, enforcement of our labor laws will be intensified to provide an effective deterrent to employers who put their workers' lives at risk. ” See -

See FY 2011 OSHA Congressional Budget Justification

Inspections Conducted

See FY 2011 OSHA Congressional Budget Justification

Number of Full-Time Staff

OSHA Rulemaking Process Preliminary Rulemaking Activities Development of Proposed Rule Publication of Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule Site visits Stakeholder meetings Request for Information (RFI) or Advanced Notice of Proposed Rulemaking (ANPR) SBREFA Peer Review Public Comment

Confined Space Rule - Example Preliminary Rulemaking Activities Development of Proposed Rule Publication of Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule SBREFA Peer Review Public Comment Advanced Notice of Proposed Rulemaking Mar Public MeetingsApr Proposed Rule Published Jun HearingsNov Final Rule PublishedJan Development of Proposed Rule Development of Final Rule

OSHAs Fall 2009 Regulatory Priorities Airborne Infectious Diseases Request for Information – March 2010 Occupational Injury and Illness Recording and Reporting Requirements (Musculoskeletal Disorders) Add MSD column on OSHA 300 Log Proposed Rule – January 2010 Cranes and Derricks Final Rule – July 2010 Combustible Dust Published ANPR October 2009 Stakeholder meetings – December 2009 Preliminary Rulemaking Activities Development of Proposed Rule Publication of Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule Site visits Stakeholder meetings Request for Information (RFI) or Advanced Notice of Proposed Rulemaking (ANPR) SBREFA Peer Review Public Comment

OSHAs Fall 2009 Regulatory Priorities Hazard Communication Standard – Global Harmonization System of Classification and Labeling of Chemicals Published Proposed Rule on Sept. 30 Hearings March 2010 Beryllium Peer review of health effects – March 2010 Crystalline Silica NPR – July 2010 Diacetyl Peer review of health effects – Oct Walking/Working Surfaces – Subparts D & I Proposed Rule – March 2010 Preliminary Rulemaking Activities Development of Proposed Rule Publication of Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule Site visits Stakeholder meetings Request for Information (RFI) or Advanced Notice of Proposed Rulemaking (ANPR) SBREFA Peer Review Public Comment

Local Injury Statistics and Frequently Cited Violations

Colorado Fatalities

National Enforcement Activities (FY 07- FY 09) FY 07FY 09 Total Inspections39,18239,044 % Construction59%61% % Programmed59%62% Total Violations88,99987,663 % Serious76%77% Avg. Penalty Per Serious Violation---$970 In Compliance24%25% Contested7% Source: State Plan and Federal INSP and ENFC Reports,

FY 09 Colorado Statistics (10/1/08 – 9/30/09) 1512 total inspections 948 construction inspections ~62% construction 637 Fall REP inspections 231 SIC 1500Building Construction – General Contractors 54 SIC 1600 Heavy construction other than building – General Contractors 663 SIC 1700Special Trade Contractors

Colorado Construction Focus Areas FY09

National - Most Frequently Cited Gen’l Industry Stds (FY09) Hazard Communication Respiratory Protection Lockout/Tagout Electrical – Wiring Methods Powered Industrial Trucks Electrical – General Requirements Machine Guarding PPE – General Requirements Mechanical Power-Transmission Guarding Guarding Floor/Wall Openings and Holes

*EAO - Most Frequently Cited Gen’l Industry Stds (FY09) Electrical – Wiring Methods Respiratory Protection Machine Guarding Electrical – General Requirements Powered Industrial Trucks Guarding Floor/Wall Openings and Holes Hazard Communication Mechanical Power-Transmission Guarding Lead PPE – General Requirements * Englewood Area Office

National vs *EAO Comparison (General Industry) * Englewood Area Office

*EAO - Most Frequently Cited Specific Sub-Paragraphs (FY09) Machine Guarding Open-Sided Floors Electrical – Flexible Cords (ID, Splices, Strain Relief) Electrical – Covers/Faceplates Hazard Communication – Written Program Electrical – Portable Equipment Inspection Electrical – Clear Working Space PPE – General Requirements Eye and Face Protection Respirator Medical Evaluations * Englewood Area Office

National - Most Frequently Cited Construction Stds (FY09) Scaffolds – General Requirements Fall Protection – General Duty Ladders Fall Protection - Training Aerial Lifts General Safety and Health Provisions Head Protection Scaffolds - Training Excavations – Specific Requirements Electrical – Wiring Methods

*EAO - Most Frequently Cited Construction Stds (FY09) Fall Protection – General Duty Scaffolds – General Requirements Ladders Eye and Face Protection Head Protection Excavations – Protective Systems Excavations – Specific Requirements Fall Protection Systems Criteria and Practices Aerial Lifts Stairways * Englewood Area Office

National vs *EAO Comparison (Construction) 51% * Englewood Area Office

*EAO - Most Frequently Cited Specific Sub-Paragraphs (FY09) Fall Protection – Residential Eye/Face Protection Head Protection Ladder Use Excavation – Protective Systems Fall Protection – General Duty Scaffolds – Base Plates Aerial Lifts Scaffolds - Access Scaffolds – Fall Protection * Englewood Area Office

Enforcement Emphasis Programs NEP –Trenching and Excavation –PSM – Chemical Plants –Butter Flavored Popcorn –Combustible Dust –Petroleum Refinery PSM –Amputations –Silica –Lead –Recordkeeping REP –Highway Work Zone Safety –Falls from Elevation in Construction –Oil and Gas Operations –American Recovery and Reinvestment Act (ARRA)

Focus Areas Highway, road and bridge construction Energy construction Construction at federal facilities Manufacturing of building and construction products that could support stimulus funded projects

Regional Emphasis Program Jobsites (not employers) selected for inspection Construction based –Dodge lists –Public web sites Inspections will be comprehensive and focus on safety related issues Health issues may be addressed on a case by case basis

National Emphasis Programs (NEPs) Under Development Primary metals – smelting and foundries Hexavalent Chromium Occupational asthma Cranes and Derricks Recordkeeping

Academic Studies –Boden –Between 25% and 50% under- recording –Rosenman - Between 61% and 68% under- recording OSHA Recordkeeping Audits –Between 10% and 20% under-recording Recordkeeping NEP

$1,000,000 in FY 2009 Budget –Important component: To enhance enforcement and oversight of injury and illness recordkeeping to ensure complete and accurate recording and reporting by employers. –OSHA should use $1,000,000 of the funds for a recordkeeping enforcement initiative on injury and illness reporting, addressing the apparent lack of completeness of the OSHA Log of Work-related Injuries and Illnesses. –The Department shall provide a report on OSHA's current and planned activities in this area to the Committees on Appropriations of the House of Representatives and the Senate not later than 90 days after enactment of this Act. Recordkeeping NEP

CPL (CPL 02), Injury and Illness Recordkeeping National Emphasis Program (RK NEP) Inspection List provided by OSTAT Completed by one year from implementation date of CPL Recordkeeping NEP

Three main components of inspection –Records Review –Interviews –Limited Walkaround

Fall Protection

Fall Hazards in Construction Region VIII (MT, CO, WY, UT, ND, SD) Purpose Eliminate exposures to fall hazards in commercial and residential construction SIC N/A Scope Normally limited to fall hazards and serious hazards in electrical, struck by and caught/in between Additional serious hazards observed Selection CSHO self referrals Whenever OSHA receives info on fall hazards by any other means Adds Whenever OSHA receives info on fall hazards by any other means Deletes Inspected within past 30 days; previous inspection included meaningful inspection of fall hazards and no observed serious hazards at the current site

Fall Hazards Results (EAO) FY 2008 FY Inspections Conducted 339 Attempted 18% I/C 96% Serious violations Top Violations Subpart M – Fall Protection (355) Subpart L – Scaffolds (269) Subpart X – Ladders (146) Subpart E – PPE (101) Subpart Q – Concrete and Masonry Construction (91) 316 Inspections Conducted 318 Attempted 18% I/C 86% Serious violations Top Violations Subpart M – Fall Protection (274) Subpart L – Scaffolds (230) Subpart K – Electrical (149) Subpart X – Ladders (146) Subpart E – PPE (145)

Roadway Workzone Safety

MUTCD Manual on Uniform Traffic Control Devices –Part 6 of the MUTCD is incorporated by reference in the following OSHA standards (g)(2) All traffic control signs and devices (a) Flaggers Barricades

Work Zone Inspections Colorado 2009 –49 Inspections –75 Citations Work zone violations –Accident Prevention Signs/Tags (.200(g)(2)) »Signs not removed as needed »Inadequate pilot car signage »Pedestrian considerations »Sign Maintenance »Cone placement

Work Zone Inspections (con’t) Flagger violations –High-visibility clothing –Signaling without a paddle –Not stationed in a proper work location Other cited hazards –Trenching –Blocked Warning board –Fall Protection –PPE

Section 6D.03 Worker Safety Considerations –All workers within the right-of-way who are exposed either to traffic or to construction equipment within a TTC zone shall wear high visibility safety apparel that meets the performance Class 2 or 3 requirement.

What’s New on the OSHA Web

What’s New on the OSHA Web?

Chris Matthewson Regional Office George B. Flynn Englewood AO x132 Denver AO Megan Meagher x105Megan Meagher x105 Todd Zentner x111Todd Zentner x111

Content Disclaimer This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace safety and health. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at