1. OSHA Update Issues in 2011 George Yoksas, Area Director Milwaukee OSHA Office April 2011 OSHA at 40

2. Future Dr. Michael’s Vision Dr. Michael’s Vision Stronger enforcement: Some employers need incentives to do the right thing. Stronger enforcement: Some employers need incentives to do the right thing. Ensure that workers have a voice Ensure that workers have a voice Refocus and strengthen our compliance assistance programs Refocus and strengthen our compliance assistance programs Change workplace culture: Employers must “find and fix” workplace hazards Change workplace culture: Employers must “find and fix” workplace hazards Improve and modernize workplace injury and illness tracking: Strengthen our focus on accurate recordkeeping Improve and modernize workplace injury and illness tracking: Strengthen our focus on accurate recordkeeping Strengthen OSHA’s use of science Strengthen OSHA’s use of science

3. Injury and Illness Prevention Program Injury and Illness Prevention Program Confined Space in Construction Confined Space in Construction Silica Silica Global Harmonization - HazCom Global Harmonization - HazCom Beryllium Beryllium PELs (Permissible Exposure Limits) PELs (Permissible Exposure Limits) Infectious Diseases Infectious Diseases Modernizing Recordkeeping Modernizing Recordkeeping MSD Column MSD Column Regulatory Agenda Hot Topics

4. Recent News OSHA Penalty Structure OSHA Penalty Structure Serious Violators Enforcement Program Serious Violators Enforcement Program New Crane Standard New Crane Standard Fall Protection in Residential Construction Fall Protection in Residential Construction

5. Penalty Changes Penalty Changes 1. Gravity-Based Penalty 2. Size 3. History 4. Good Faith 5. Increased Minimum Penalties 6. Severe Violator Enforcement Program 7. Repeat Violations 8. Informal Conference Consideration 9. Application of penalty adjustment factors Effective 10/1/10

6. Severe Violator Enforcement Program - SVEP Replaces the Enhanced Enforcement Program (EEP) Replaces the Enhanced Enforcement Program (EEP) Modifies guidance for grouping related HG serious violations and permits citing each with its own penalty Modifies guidance for grouping related HG serious violations and permits citing each with its own penalty AD may limit adjustment for SVEP related violations to achieve the appropriate deterrent effect AD may limit adjustment for SVEP related violations to achieve the appropriate deterrent effect

7. Fatality/Catastrophe Criterion One or more willful or repeated citations or failure-to-abate notices based on a serious violation related to a death of an employee or three or more hospitalizations One or more willful or repeated citations or failure-to-abate notices based on a serious violation related to a death of an employee or three or more hospitalizations Non-Fatality/Catastrophe Criterion Related to High-Emphasis Hazards Two or more willful or repeated violations or failure-to-abate notices based on high gravity serious violations related to a High- Emphasis Hazard SVEP Criteria

8. SVEP Criteria (cont.) Non-Fatality/Catastrophe Criterion for Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM) Three or more willful or repeated violations or failure-to-abate notices based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard

9. SVEP Criteria (cont.) Egregious Criterion All egregious (e.g., per-instance citations) enforcement actions including Recordkeeping

10. SVEP High Emphasis Hazards: Fall Hazards Fall Hazards Amputation Hazards Amputation Hazards Combustible Dust Hazards Combustible Dust Hazards Crystalline Silica Hazards Crystalline Silica Hazards Lead Hazards Lead Hazards Excavation/Trenching Hazards Excavation/Trenching Hazards

11. New Regulations and Directives

12. OSHA’s New Crane Standard Highlights Ground Conditions Assembly/Disassembly Power lines Operator Certification Signals/Rigging Inspections

13. Fall Protection Requirements for Residential Construction Effective June 16, 2011 Workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection or alternative fall protection measures allowed under 1926.501(b) for particular types of work. If an employer can demonstrate that fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls.

14. Emphasis Programs Target Areas that could Generate an Inspection

15. Emphasis Programs in Construction for 2011 Falls Trenches Silica Lead PIV”s* (Powered Industrial Vehicles) Forklifts, Skid Steers, Earth Moving Equipment that has been modified to accept forks, such as Front End Loaders Building Renovation/Rehab (MKE, APL, MAD) Construction Targeting UTenn: Dodge Report What Could Generate an Inspection? * Complaint Based or Observed during an Inspection

16. Emphasis Programs in General Industry for 2011 Powered Industrial Vehicles (PIVs) Lead Silica Site Specific Targeting (SST) Combustible Dust Amputations Chemical Plants/Process Safety Flavorings ( Diacetyl ) Primary Metals Recordkeeping Grain Handling Federal Agencies Air Traffic Control Towers What Could Generate an Inspection?

17. New Outreach Topics Heat Heat Fatigue Fatigue Distracted Driving Distracted Driving

18. Most Frequently Cited Violations in General Industry 1) 1200 (e)(1) Hazard Communication Program 2) 212 (a)(1) Machine Area Guarding 3) 1200 (h)(1) Hazard Communication Training 4) 23 (h)(1) Guarding of Open Sided Floors/Platforms 5) 215 (b)(9) Grinders – Tongue Guards 6) 151 (c) Eyewash 7) 147 (c)(4)(i) Lockout Procedures 8) 212 (a)(3)(ii) Point of Operation Guarding 9) 178 (l)(1)(i) Competency on Operating Powered Industrial Trucks 10) 147 (c)(1) Lockout Program National Statistics FY 2010

19. Most Frequently Cited Violations in Construction 1) 501 (b)(13) Residential Fall Protection 6’ or Higher 2) 1053 (b)(1) Ladder Extension not 3 Feet Above Landing 3) 501 (b)(1) Unprotected Sides and Edges 4) 100 (a) Hard Hats 5) 503 (a)(1) Fall Hazards Training Program 6) 102 (a)(1) Eye and Face Protection 7) 453 (b)(2)(v) No Harness while in an Aerial Lift 8) 451 (g)(1) Scaffold Fall Protection - 10’ and Higher 9) 451 (e)(1) Scaffold Access – 2’ or more 10) 451 (b)(1) Scaffold Platform – Not Fully Planked National Statistics FY 2010

20. Safety and Health Resources Compliance Assistance Quick StartCompliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA’s website. Quick Start currently includes modules for: Compliance Assistance Quick Start General Industry General Industry General Industry General Industry Construction Construction Construction Health Care Health Care Health Care Health Care Hispanic Outreach Hispanic Outreach Hispanic Outreach Hispanic Outreach By following the step-by-step guides, you can generate an initial set of compliance assistance materials tailored to your workplace Web Page Assistance

21. Resources: Wisconsin OSHA Safety Newsletter Construction and General Industry Published 3-4 times each year Focuses on upcoming and hot topics Provides Regional fatality data and most frequently cited issues

22. Milwaukee Area Office 8 th Annual Safety Day Cooperative Effort Between OSHA, ASSE WCTC, WisCon Thirty Educational Sessions taught by OSHA Staff and ASSE Members Special ½ and Full day Sessions OSHA 10 Hour Class Finishing on Safety Day Vendor Area Reaching Out 2011 June 9, 2011

23. Eau Claire 715-832-9019 Madison 608-441-5388 Milwaukee 414-297-3315 Appleton 920-734-4521 Wisconsin OSHA Offices

24. Questions OSHA at 40