OSHAUpdate PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office

OSHA 5-Year Plan Reduce fatality rates by 15%Reduce fatality rates by 15% Reduce injury/illness rates by 20%Reduce injury/illness rates by 20%

OSHA Leadership Strong, fair and effective enforcement Strong, fair and effective enforcement Outreach, education and compliance assistance Outreach, education and compliance assistance Partnerships and cooperative programs Partnerships and cooperative programs

Strong, Fair and Effective Enforcement National Emphasis ProgramsNational Emphasis Programs Regional Emphasis ProgramsRegional Emphasis Programs Local Emphasis ProgramsLocal Emphasis Programs Site Specific TargetingSite Specific Targeting Enhanced Enforcement ProgramEnhanced Enforcement Program Referral for Criminal Prosecution, where appropriateReferral for Criminal Prosecution, where appropriate 11(b) Enforcement11(b) Enforcement

National Emphasis Programs TrenchingTrenching SilicaSilica LeadLead AmputationsAmputations

Regional Emphasis Program Falls in Construction Falls in Construction Electrical Hazards Electrical Hazards Landscaping Landscaping Inspection Saturation for Florida Inspection Saturation for Florida Swept Up in Safety Weeks Swept Up in Safety Weeks

Swept Up in Safety Weeks –One week each quarter –Media releases –Outreach –Focus on leading hazards: Scaffolds, Roofing, Trenching, Heavy equipment

Local Emphasis Programs Tampa Silica & Other Safety Hazards in Concrete Block, Concrete Products and Ready-mixed Concrete Manufacturing Ship / Boat Building and Repair

Reasons for Strong, Fair and Effective Enforcement Too Many Fatalities

Fatality Investigations by Tampa Area Office

Workplace Fatalities in FY 2005 Tampa 70 Total Fatalities 70 Total Fatalities - 23 (or 33%) involved Hispanic - 23 (or 33%) involved Hispanic Victims Victims 35 Fatalities in Construction 35 Fatalities in Construction - 50% of the total - 50% of the total - 17 (or 49%) Involved Hispanic - 17 (or 49%) Involved Hispanic Victims Victims

What happened in Fatalities 70 Fatalities Struck-by = 23 Falls = 20 Electrocution = 10 Caught-in = 5 Drowning = 6 Heat Stroke = 2 Burns = 2 Overexposure = 2 Falls Struck-by

Workplace Fatalities in FY 2006 Tampa 52 Total Fatalities 52 Total Fatalities - 20 (or 38%) involved Hispanic - 20 (or 38%) involved Hispanic Victims Victims 33 Fatalities in Construction 33 Fatalities in Construction - 61% of the total - 61% of the total - 11 (or 33%) Involved Hispanic - 11 (or 33%) Involved Hispanic Victims Victims

What happened in Fatalities 52 Fatalities Struck-by = 20 Falls = 19 Electrocution = 8 Caught-in = 1 Drowning = 1 Heat Stroke = 2 Burns = 1 Falls Struck-by

Workplace Fatalities in FY 2007 (to date) Tampa 13 Total Fatalities 13 Total Fatalities - 5 (or 38%) involved Hispanic - 5 (or 38%) involved Hispanic Victims Victims 7 Fatalities in Construction 7 Fatalities in Construction - 54% of the total - 54% of the total - 2 (or 29%) Involved Hispanic - 2 (or 29%) Involved Hispanic Victims Victims

What happened in 2007 (to date) 13 Fatalities 13 Fatalities Struck-by = 4 Falls = 3 Electrocution = 1 Caught-in = 1 Burns = 1 Toxic Exposure = 1 Falls Struck-by

Enforcement OSHA's Enhanced Enforcement Program –Focus on employers who have received "high gravity" citations Follow-Up Inspections Programmed Inspections Public Awareness Settlement Provisions Federal Court Enforcement

Issuing Citations under 11(b) of the OSH Act 11(b) of the OSH Act – authorizes the Secretary of Labor to obtain court orders compelling employers to comply with final Orders of the Review Commission Powerful tool for those employers who fail to respond to normal enforcement incentives

Issuing Citations under 11(b) of the OSH Act Employer who violates such a court order can be found in contempt of court Potential sanctions for contempt –Daily failure-to-abate penalties –Recovery of cost to bring such action –Incarceration of an individual corporate officer who flouts the court’s order –Any sanctions to secure compliance

Citation Ranking (FY 06) Sic Ntl RankRIV Rank (c) - LOTO (a) – mach. Grd (e) - HC (h) - HC (l) – PIT (b) – Electrical (g) – Electrical (c) - Respirator88

Citation Ranking (FY 06) SIC Ntl RankRIV Rank (b) –Fall Pro (g) – Scaffold Guardrails (b) - Ladders (b) – Acc Prev Prgm (b) – Scaf (a) – Hard hat (a) – Fall Prot Trng (b) – Aerial Lifts83

OSHA Myths I’ve got less than 10 employees, so I’m exempt from OSHA standards. I work residential and OSHA doesn’t have jurisdiction in residential. We always know when you are coming anyway. Watch out they can shut down your job. They’ll give you a break the first time you violate a standard.

Standard Setting Final Rules Assigned Protection Factors: Respiratory Protection Hexavalent Chromium Final Rule Stage Revision & Update of Subpart S Electrical Standards Employer Payment for PPE Electrical Power Transmission and Distribution; Electrical PPE Vertical Tandem Lifts

Standard Setting Proposed Rule Stage Confined Space in Construction Cranes and Derricks Walking Working Surfaces and Personal Fall Protection Systems (1910) General Working Conditions for Shipyard Employment Explosives Updating OSHA Standards Based on National Consensus Standards NFPA Standards in Shipyard Fire Protection

Hexavalent Chromium or Cr(VI) Final Rule 29 CFR Chromium (VI) 29 CFR Chromium (VI) applies to longshoring and maritime terminals too 29 CFR Chromium (VI)

Chromium (VI) Final Rule Lowered PEL for Cr(VI) from 52 to 5 μg/m3 Excluded from coverage: -All portland cement operations -PEL for portland cement limits exposure -Applications of Cr(VI) pesticides -Manufacturing and use of treated wood covered - Any operation w/ objective data < 0.5 μg/m 3

Chromium (VI) Standards Effective Dates Effective – May 30, 2006 Start-up (> 20 ee’s) – Nov 27, 2006 Start-up (< 20 ee’s) – May 30, 2007 Engineering controls – May 31, 2010

Assigned Protection Factors (APFs) for Respirators Regulatory History In June, 2003, OSHA published an APF NPRM –proposed decisions on an APF Table –definitions for Assigned Protection Factors (APFs) and Maximum Use Concentrations (MUCs) –amendments to supersede the existing APF requirements in OSHA’s substance-specific standards. On August 24, 2006 – Published Final Rule for Assigned Protection Factors in Fed Register 71: Effective date - November 22, 2006.

Table 1.--Assigned Protection Factors 5 Type of respirator 1,2 Quarter mask Half mask Full facepiece Helmet/ hood Loose- fitting facepiece 1. Air-Purifying Respirator Powered Air-Purifying Respirator (PAPR)501,00025/1, Supplied-Air Respirator (SAR) or Airline Respirator Demand mode1050 Continuous flow mode501,00025/1, Pressure-demand or other positive- pressure mode 501, Self-Contained Breathing Apparatus (SCBA) Demand mode1050 Pressure-demand or other positive- pressure mode (e.g., open/closed circuit). 10,000 Assigned Protection Factors (APFs) for Respirators

Hazard Communication Tuesday, September 12, 2006, ANPR to modify the Hazard Communication Standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) The GHS includes harmonized criteria for classification of chemicals for their health, physical and environmental hazards, as well as specifications for what information is included on a label and safety data sheet for a chemical.

HCS Conclusion Greatest impact on chemical manufacturers, importers, and employers who produce or distribute hazardous chemicals as currently covered under the HCS. More consistency and better communication Significant phase-in period Public resources available

Hazard Communication OSHA solicited input on a number of issues related to implementation of the GHS as well as on the types of compliance assistance employers and employees would find useful to facilitate the transition. Comments were due by November 13, 2006

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