1. OSHA Update Eric Harbin
Acting Regional Administrator Occupational Safety and Health Administration
September 7, 2018

2. OSHA’s Continuing Mission
Every year more than 4,500 Americans die from workplace injuries.
Perhaps as many as 50,000 workers die from illnesses in which workplace exposures were a contributing factor.
Millions of workers suffer a serious nonfatal injury or illness annually.

3. Key Tools
Enforcement
Outreach
Compliance Assistance

4. Number of fatal workplace injuries
The number of fatal workplace injuries has dropped considerably since OSHA was formed in Worker deaths in America are down-on average, from about 38 worker deaths a day in 1970 to 14 a day in Worker injuries and illnesses are down-from 10.9 incidents per 100 workers in 1972 to 2.9 per
Update for 2016: There were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015, according to the U.S. Bureau of Labor Statistics. This is the third consecutive increase in annual workplace fatalities and the first time more than 5,000 fatalities have been recorded by the Census of Fatal Occupational Injuries (CFOI) since 2008.

5. Rate of fatal workplace injuries
Per 100,000 workers
The rate of fatal workplace injuries has dropped considerably since OSHA was formed in Worker deaths in America are down-on average, from about 38 worker deaths a day in 1970 to 14 a day in 2016.
Update for 2016: The fatal injury rate increased to 3.6 per 100,000 full-time equivalent (FTE) workers from 3.4 in 2015, the highest rate since 2010.
2015
data were estimated from BLS Survey of Employers
data were gathered from BLS Census of Fatal Injuries
In 2006, BLS switched from employment-based calculations to hourly calculations

6. Most frequently cited OSHA standards during FY 2017 inspections
Top Ten Violations
Most frequently cited OSHA standards during FY 2017 inspections
Fall Protection – General Requirements ( )
Hazard Communication ( )
Scaffolding ( )
Respiratory Protection ( )
Lockout/Tagout ( )
Ladders ( )
Powered Industrial Trucks ( )
Machine Guarding ( )
Fall Protection – Training Requirements ( )
Electrical – Wiring Methods ( )
This is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA. OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up.
[Note to presenters: More detailed PPTs on Top 10 Violations in various industries are available on the O drive under DCSP/CAS Resources/Presentations/Top 10 Violations/.
These are the top 10 most frequently cited standards in fiscal year 2008 (Oct through Sept. 2008): Amazingly, 9 of the 10 are still there. The only difference is training in fall protection (#9) has replaced general requirements for electrical design ( ). The same can be said for 2000, which was the oldest I could find.
1.Scaffolding, general requirements, construction (29 CFR ) [related topic page]
2.Fall protection, construction (29 CFR ) [related topics page]
3.Hazard communication standard, general industry (29 CFR ) [related topic page]
4.Control of hazardous energy (lockout/tagout), general industry (29 CFR ) [related topic page]
5.Respiratory protection, general industry (29 CFR ) [related topic page]
6.Electrical, wiring methods, components and equipment, general industry (29 CFR ) [related topic page]
7.Powered industrial trucks, general industry (29 CFR ) [related topic page]
8.Ladders, construction (29 CFR ) [related topic page]
9.Machines, general requirements, general industry (29 CFR ) [related topics page]
10.Electrical systems design, general requirements, general industry (29 CFR ) [related topic page]

7. Employer Responsibility
OSH Law: Workplace safety and health is the responsibility of employers
Cornerstone: Prevention
Set the tone: Make safety and health a workplace priority
Right incentives: Reward workers for showing initiative, raising safety concerns, and participating in prevention efforts
osha.gov/employers

8. Workplace injuries and fatalities cost our economy $198
Workplace injuries and fatalities cost our economy $198.2 billion a year.
— National Safety Council
“Injury Facts” 2014

9. Recordkeeping Requirements: Who has to complete the OSHA injury and illness recordkeeping forms?
Many but not all employers. Exceptions are based on:
Small employer exemption – 10 or fewer employees at all times during the year
Low-hazard industry exemption – see list of Partially Exempt Industries (PDF)
Fatality and other serious event reporting as well as injury and illness surveys involve other considerations.
[Note to presenters: For more detailed slides on OSHA’s recordkeeping requirements, see
“It’s
easy and
beneficial.” 2 3

10. Recordkeeping Resources
Recordkeeping web page (
Q&A Search web page (
Local OSHA Offices
E-correspondence/Contact us (
The Recordkeeping page includes links to reference documents that address the specific requirements of the recordkeeping rule and answer many reoccurring questions, as well as a link to the recordkeeping forms package itself. To learn the details of what you need to do to be in compliance with the recordkeeping rule, you may want to take some time to familiarize yourself with the Regulatory Text and FAQs posted here. The Letters of Interpretation and the Recordkeeping Handbook are also useful reference documents linked from the Recordkeeping page.
If you have specific questions that you cannot find direct guidance for in these documents, you may want to try the Recordkeeping Q&A Search application. Also, feel free to call your local OSHA office or submit your question using OSHA’s e-correspondence web page. You can get a list of OSHA offices and can access OSHA’s Electronic Mail Form using the Contact Us link at the bottom of the Recordkeeping page. 17 18

11. Report a fatality or severe injury
All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.
A fatality must be reported within 8 hours.
An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

12. How can employers report to OSHA?
During business hours, call the nearest OSHA office
Or call the OSHA 24-hour hotline (OSHA)
Or report online at osha.gov/report
Be prepared to supply:  name of the establishment,  location and time of the incident,  names of employees affected,  brief description of incident, and a  contact person and phone number

13. Electronically Submitting Injury, Illness Data
Covered employers must electronically submit info from their OSHA Form 300A to OSHA
Applies to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with employees that are classified in certain industries with historically high rates of occupational injuries and illnesses
Form 300A deadlines:
2017 data: Submit by July 1, 2018
2018 data and forward: Submit by March 2
OSHA issued a proposed rule on July 30, 2018 to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees which are required to routinely keep injury and illness records.

14. National Emphasis Programs (NEP)
Combustible Dust
Federal Agencies
Hazardous Machinery
Hexavalent Chromium
Lead
Primary Metals Industries
Process Safety Management
Shipbreaking
Trenching & Excavation
Silica and isocyanates are no longer NEPs. Which is the oldest? Trenching from 1985 but will be revised shortly. Which one is an Agency Priority goal”? Trenching
Here in Region 6, we have 10 REPs:
CPL Regional Emphasis Program for Construction - PDF
CPL Regional Emphasis Program for Cranes used in Construction - PDF
CPL Regional Emphasis Program for Fall Hazards in Non-Construction Industries - PDF
CPL Regional Emphasis Program for Grain Handling Facilities - PDF
CPL Regional Emphasis Program for Health Hazards in the Healthcare Industry - PDF
CPL Regional Emphasis Program for Heat Illnesses - PDF
CPL Regional Emphasis Program for High Noise in Manufacturing Industries - PDF
CPL A - Regional Emphasis Program for Safety & Health Hazards in the Manufacture of Fabricated Metal Products - PDF
CPL Regional Emphasis Program for the Upstream Oil and Gas Industry - PDF
CPL Regional Emphasis Programs for Poultry Processing Facilities - PDF

15. Inspections Conducted by Federal OSHA
FY 2007 – FY 2016
In FY 2016, State Plan States conducted 43,105 inspections.
This chart shows the number of inspections conducted by federal OSHA over the years. State Plan States conducted 43,105 inspections in FY 2016.
Update for FY17: Federal OSHA conducted 32,408 inspections.

16. $12,934 per day beyond the abatement date
New Penalty Levels
Adjusted Jan 2, 2018
Type of Violation
New Maximum*
Serious and
Other-Than-Serious
Posting Requirements   
$12,934 per violation
Willful or Repeated
$129,336 per violation
Failure to Abate
$12,934 per day beyond the abatement date
*Maximum penalties will be readjusted annually for inflation.

17. RETALIATION Whistleblower Protections Retaliation against workers
Bad for workers and bad for business
When workers fear retaliation for speaking up, problems in the workplace go unreported and become costlier to fix.
What is “Retaliation”?
In response to employees exercising their rights, retaliation includes:
Writing up a worker
Suspending an employee
Reducing hours
Changing a worker’s job functions
Demotion
Harassment
Lay-off
It’s important to understand that retaliation against workers is bad for workers, bad for business.
More information is on the website Whistleblowers.gov

18. Employers have certain responsibilities and workers have certain rights under the OSH Act of 1970.
Workers’ rights under the OSH Act include:
The right to report unsafe conditions to management or to OSHA
The right to report injuries
The right to assist an OSHA investigation
The right to request PPE
In particular, employees who exercise these rights may not face retaliation in the workplace under more than 20 statutes that protect whistleblowers.
To keep clear of violations under these whistleblower statutes, employers need to understand how these protections affect them and their employees:
Whistleblowers.gov

19. Compliance Assistance
OSHA helping employers
20 million visitors to OSHA’s website in FY 2017
247,000 responses to OSHA calls for help
18,000 requests for assistance answered
5,000 outreach activities by Regional & Area Offices
26,000 small businesses helped through Consultation
[Note to presenters: For a PPT on OSHA’s small business resources, see the O drive at DCSP/CAS Resources/Small Businesses/.]

20. Compliance Assistance Specialists
Work out of OSHA’s Area Offices
Provide general information about OSHA’s standards and compliance assistance resources
Available for seminars, workshops, and speaking events
OSHA’s Compliance Assistance Specialists (CASs) implement OSHA’s outreach initiatives around the country.
There is one CAS in most OSHA Area Offices. A directory of CASs is available on the OSHA Compliance Assistance Web page.
Note that CASs do not perform On-site Consultation visits. To request On-site Consultation assistance, contact your state On-site Consultation Project.

21. Help for Small Businesses: OSHA’s On-site Consultation Program
OSHA's preeminent compliance assistance program for small employers. In all 50 States and most Territories.
Services
Hazard identification and correction
Assistance in Safety and Health Program development
Benefits
Service is FREE and confidential
Exemption from OSHA's programmed inspections
Training and technical assistance available
The On-site Consultation Program has been serving small businesses since The program has had a big impact on businesses and their employees all over the country.
OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health programs.

22. On-site Consultation

23. Cooperative Programs Web Page
The Cooperative Programs Web page is a portal to information on OSHA’s cooperative programs. It includes a brief description of each program and a “Find a Cooperative Program” tool to help users identify relevant cooperative programs.

24. OSHA INITIATIVES Safe and Sound Water, Rest and Shade Trenching
Fall Stand Down

25. Safety and Health Programs
Recommended Practices
Based on best thinking and experiences of successful employers
Will help small and medium-sized employers find and fix hazards before workers are harmed
Shows how multiple employers on same worksite can coordinate efforts to ensure all workers are given equal protection
OSHA has issued two versions of its recommended practices for safety and health programs: one for general industry and one for construction.

26. Safety and Health Programs
Seven Core Elements
Management leadership
Worker participation
Hazard identification and assessment
Hazard prevention and control
Education and training
Program evaluation and improvement
Coordination and Communication on Multi-Employer Worksites

27. OSHA Trenching Initiative
[Note to presenters: For a more detailed PPT on trenching, see the O drive under DCSP/CAS Resources/Presentations/Trenching/.]

28. OSHA Trenching Initiative
Increase awareness of excavation hazards in construction;
Educate employers and workers on safe cave-in prevention solutions; and
Decrease the number of trench collapses
Trenching-related fatalities and injuries continue to trouble the construction industry, despite the availability of well-known and effective control methods, such as sloping and benching, shoring, and trench boxes and shields.
OSHA has emphasized trench safety in previous national and regional emphasis programs. These efforts led to decreased trench-related fatalities, including lower numbers such as 2012 (8), 2014 (11), and 2015 (11).
However, the trend changed in OSHA observed a significant increase in the number of trench-related fatalities between 2015 and The eleven trench-related fatalities reported in 2015 increased to twenty three in 2016.
BLS data shows that there were 37 fatalities involving ditches, channels, trenches, and excavations in (Not all of these fatalities fall in OSHA’s jurisdiction: Sole proprietor, covered by another Agency, etc.) In the previous five years, the average annual number of fatalities was under 20.
By increasing awareness of trench safety issues, OSHA hopes to reverse this troubling trend.

29. Trenching Fatalities Years Trench Fatalities in all Industries 21 17
2011
2012
2013
2014
2015
2016
Trench Fatalities in all Industries 21 17 22 13 25 37
Trench Fatalities in Construction 10 33
OSHA observed an increase in fatal trench incidents in 2015 and 2016.
The Final 2017 BLS numbers have not been released.
Source of fatality data: Bureau of Labor Statistics

30. This is OIS data, not BLS! BLS includes all data, including injuries and deaths not in our jurisdiction.
OIS data is used to get instant data, it will not align with BLS. It does however give OSHA real time data about the trends.

31. Fall Prevention Campaign
FALLS are the leading cause of deaths in construction — 37% of all construction fatalities
In 2016, there were 370 fatal falls to a lower level out of 991 construction fatalities
Millions of employers and workers participate in annual National Safety Stand-Down to prevent falls events nationwide

32. Fatal falls to lower level by height of fall, 2016
Note, 40% of the fall fatalities are 15 or below.
Many construction workers think they can jump down and land fine at 10’ and not get hurt….the problem is, you don’t land fine when you fall.

33. Heat Stress Campaign
In 2016, 39 workers died from heat exposure Since 2011
More than 4,110 workers were injured from heat related illnesses. 21,350 since 2011
Acclimate!

34. Protecting Temporary Workers A joint responsibility
Both host employers and staffing agencies have roles in complying with workplace health and safety requirements and they share responsibility for ensuring worker safety and health.
Legally, both the host employer and the staffing agency are employers of the temporary worker.
Shared control over worker = Shared responsibility for worker

35. 3 million people are employed by staffing companies every week.
11 million temporary and contract employees are hired by U.S. staffing firms over the course of a year.
Source: American Staffing Association

36. Why Are Temp Workers At High Risk of Injury?
New workers are at increased risk of injury.
Host employers don’t have the same commitment to temporary employees as to permanent ones.
Employer who bears the risk of the injury (temp agency) does not control safety and health investment.

37. Temporary Workers: Outreach & Education
Alliance with American Staffing Association
Temporary Worker Recommended Practices
Series of Temporary Worker Initiative Bulletins

38. Prevent Workplace Violence
OSHA RECOMMENDS:
Policy Statement
Hazard/Threat/Security assessment
Workplace controls and prevention strategies
Training and education
Incident reporting and investigation
Periodic review with employee input
In most workplaces, the risk of workplace violence can be prevented or minimized if employers take appropriate precautions.
One of the best protections employers can offer their workers is to establish a zero-tolerance policy toward workplace violence. This policy should cover all workers, patients, clients, visitors, contractors, and anyone else who may come in contact with company personnel.
By assessing their worksites, employers can identify methods for reducing the likelihood of incidents occurring.
OSHA believes that a well-written and implemented workplace violence prevention program, combined with engineering controls, administrative controls and training can reduce the incidence of workplace violence in both the private sector and federal workplaces.
This can be a separate workplace violence prevention program or can be incorporated into an injury and illness prevention program, employee handbook, or manual of standard operating procedures.
It is critical to ensure that all workers know the policy and understand that all claims of workplace violence will be investigated and remedied promptly.
In addition, OSHA encourages employers to develop additional methods as necessary to protect employees in high risk industries.
For example, last year OSHA released updated guidelines for preventing workplace violence in healthcare and social services settings.

39. Top 5 industries reporting worker injuries from workplace violence
11, Healthcare & Social Assistance
1, Retail
Food Services & Accommodation
Transportation & Warehousing/Waste Management
Education
When most people think about going into work every day, they probably assume a few things. One of those things is that they won’t be physically assaulted while doing their job. That they will go home at the end of the day without being injured or killed.
For many workers, however for too many workers that is not their daily reality. This is especially true for those in healthcare and social services and other high hazard industries.
Workplace violence can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths.
However it manifests itself, workplace violence is a growing concern for employers and employees nationwide.
LEARN HOW to assess hazards & develop individual worksite plans:
Source: Bureau of Labor Statistics (2014). Survey of Occupational Injuries and Illnesses.
[Intentional Injury by Person (OIICS code 11*)]

40. Protecting Young Workers
Workers <25 years old were twice as likely to end up in the emergency room as those 25 and older
osha.gov/youngworker

41. Training and Education
OSHA Outreach Training Program
OSHA Training Institute
OSHA Training Institute Education Centers
Susan Harwood Training Grants
Outreach Training Program - The Outreach Training Program is a 10- or 30-hour course that OSHA-contracted Education Centers and other authorized trainers provide. The OSHA Outreach Training Program provides training for workers and employers on the recognition, avoidance, abatement, and prevention of safety and health hazards in workplaces. The program also provides information regarding workers' rights, employer responsibilities, and how to file a complaint. This is a voluntary program and does not meet training requirements for any OSHA standards. The 10-hour class is intended for entry level workers, while the 30-hour class is more appropriate for supervisors or workers with some safety responsibility. Through the program, individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour or 30-hour Outreach Training Program courses in construction or general industry safety and health standards. OSHA has also established outreach training programs for the maritime industry and disaster site workers.
OSHA Training Institute - OTI provides training and education in occupational safety and health for federal and state compliance officers, state consultants, other federal agency personnel, and the private sector.
OSHA Training Institute Education Centers - The OTI Education Centers program was initiated as an extension of the OSHA Training Institute. It is a national network of training sites offering OTI courses geared toward the private sector. The OTI Education Centers are the primary distribution channel for Outreach Trainer courses.
Susan Harwood Training Grants - OSHA awards grants to nonprofit organizations on a competitive basis through its Susan Harwood Training Grant Program. Grants are awarded to provide training and education programs for employers and employees on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. OSHA selects the safety and health topics and holds a national competition to award grants for Targeted Topic Training programs.

42. Region VI OSHA Education Centers
Texas A&M Engineering Extension Service
(800)
The University of Texas at Arlington
(866)
Mid-South OTI Education Center (Consortium)
(877)
Oklahoma State University
(405) or

43. Education Centers Webinars
Safe + Sound
Amputation
Silica   
Preventing Falls

44. OSHA Publications for every employer’s workplace training needs

45. OSHA QuickTakes
FREE OSHA e-newsletter delivered twice monthly to more than 170,000 subscribers
Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards
Sign up at

46. Safety & Health Conference
OSHA Construction
Safety & Health Conference

47. Safety and Health Conference
OSHA Oil & Gas
Safety and Health Conference

48. Contact Us Toll-free hotline: 1-800-321-OSHA (6742)
Submit questions through OSHA’s website at
Contact your local OSHA Area Office
Here’s how you can contact OSHA.
Go to and click on “Contact Us” link in “About OSHA” tab.

50.
OSHA (6742)