OSHA UPDATE Rod Smith Sherman & Howard LLC November 6, 2009

The New Lineup at OSHA Hilda Solis – Secretary of Labor David Michaels – Proposed Head of OSHA Jordan Barab – Acting Head of OSHA Deborah Berkowitz – Chief of Staff

OSHA’s New Theme: “Back in the Enforcement Business” Increased budget More inspectors Higher penalties More press releases Greater criminal enforcement New standards OSHA Reform Less emphasis on “cooperative compliance” programs.

National Special Emphasis Programs Combustible dust Amputations Nursing and personal care facilities Lead Silica

National Special Emphasis Programs Trenching and excavation Petroleum refiners/PSM-covered facilities Stimulus projects Recordkeeping

Local Emphasis Programs Falls in construction Traffic work zone safety Oil and gas well drilling and servicing Stone fabrication and slab handling

2009 Site-Specific Targeting (SST) Program 4,000 “high hazard” worksites selected for comprehensive inspection List based on 2007 OSHA 300 injury and illness rates: –“DART Rate” – days away from work, restricted duty, and job transfer –“DAFWII Rate” – days away from work

2009 SST Program – Primary List DART rate DAFWII rate Manufacturing > 8 > 6 Non-manufacturing > 15 > 13 Nursing homes > 17 > 14

2009 SST Program – Secondary List DART rate DAFWII rate Manufacturing > 6.0 > 4.0 Non-manufacturing > 6.0 > 4.0 Nursing homes > 15.0 > 11.0

New OSHA Standards Increased “per employee” penalties for PPE violations – effective January 12, 2009 Updated PPE Standard to incorporate current national consensus standards – effective October 9, 2009 Updated Acetylene Standard to incorporate current national consensus standards – effective November 9, 2009

Proposed OSHA Standards Combustible dust Confined space in construction Cranes and derricks in construction Silica Globally Harmonized System of Classification and Labeling of Chemicals Ergonomics (?)

OSHA Reform: The “Protecting America’s Workers Act of 2009” (S. 1580, H.R. 2067) Expands OSHA to all federal, state and some local workers Expands OSHA “whistleblower” protection Grants new “Victim’s Rights” Allows employees and unions to object to and even contest OSHA settlement agreements Significantly increases penalties for OSHA violations Expands OSHA’s criminal liability to willful violations causing “serious bodily injury” and “responsible corporate officers” Prospects for passage

What do we do now?

For More Information: Rod Smith, Esq. (303) Sherman & Howard’s “OSHA Update”