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OSHA Update March 15, 2011 Jule A. Hovi, Area Director Toledo Area Office
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OSHA at 40!!
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“The Workplace Before OSHA" 14,000 workplace fatalities; 38 fatal workplace events daily No ‘Right to Know’ the hazards of chemicals you work with No personal protective equipment requirements No machine guarding or lock- out/tag-out provisions No confined space provisions No trenching or excavation rules to protect from cave-in hazards
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Rate of Fatal Work Injuries Continues to Drop, 1992 – 2009 Source: US Bureau of Labor Statistics Fatality rates are down 37.7% since 1994 Fatal Work Injuries per 100,000 Workers
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The 1970’s OSHA Act Signed Dec 29, 1970 NIOSH OSHA Training Institute May 1971 first standards adopted 1972 first State Plans approved 1975 free consultation service available 1978 Cotton Dust std; “brown-lung” concerns 1978 Lead std for GI (construction lead std 1995)
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The 1980’s Access to medical and exposure records 1983 Hazard communication Updated asbestos Ethylene oxide, formaldehyde, and benzene Hazardous waste operations and emergency response 1986 Egregious citation policy for recordkeeping cases 1989 Lockout/tagout of hazardous energy sources 1984 Bhopal Explosion kills 2000+ OSHA Starts CHEMSEP
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The 1990’s 1993 Confined Space Respirators Personal Protective Equipment 1992 Process Safety Management Forklift Training 1994 Fall Protection 1995 www.osha.gov webpage launchedwww.osha.gov 1996 Scaffolds Blood-borne Pathogens Standard started in this decade
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The 2000’s Refinery NEP Combustible Dust Cranes and Derricks Hexavalent Chromium
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The Future Dr. Michael’s Vision Stronger enforcement: Some employers need incentives to do the right thing; many will never “self-police” and comply Ensure that workers have a voice Refocus and strengthen compliance assistance programs Change workplace culture: Employers must “find and fix” workplace hazards
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National Emphasis Programs Chemical Plants / PSM Amputations Trenching Crystalline Silica Lead Combustible Dust Federal Agency Air Traffic Control Towers Flavorings Recordkeeping
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Local Emphasis Programs Region V ARRA- Federal Facilities ARRA Roads, Bridges, Runways and Air Terminals Falls Building Renovation/Rehab Cal City, Milwaukee, Appleton and OH Only High Rise Calumet City Only Lead Illinois Only Silica Illinois Only Powered Industrial Vehicles* Grain Handling Primary Metal Industries WI and OH Only ConstructionGeneral Industry *Applies to construction as well
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Combustible Dust
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Should be 1/8 inch or less
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Process Safety Management
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Machine Guarding - Amputations
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Electrical Hazards
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Powered Industrial Vehicles
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Trenching and Excavation
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Fall Hazards - Construction
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Commercial Building or Residential??
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Alternatives for Residential Fall Protection Have Been Rescinded Effective June 16, 2011, residential construction will no longer be able to use alternative fall protection methods Conventional fall protection must be implemented This reverses a 12 year old temporary directive
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Silica Hazards
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Lead Hazards
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Results How will we measure success? Reducing the number of fatalities associated with the four leading causes of workplace death: Focus Four: falls, electrocutions, caught in or between, and struck-by Increasing the number of targeted hazards abated: Targeted injuries and illnesses include: hearing loss in manufacturing, illnesses in general industry and construction, and workplace amputations Increase worker and employer awareness of OSHA rights, responsibilities and programs to improve the “voice in the workplace”: Activities include: expanded outreach and education targeted to small business and vulnerable workers in high risk industries, achieving an increase in health and safety protections and a reduction of occupational injuries, illnesses and fatalities
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Whistleblower Protection “Voice in the Workplace” 21 Whistleblower Statutes enforced by OSHA FY09 Region V Investigations 1873 cases 453 (23%) cases found to have merit Over $12 million in back pay awarded to complainants 52 reinstatements
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Regulatory Agenda “Rulemaking Road Map” Crystalline Silica Beryllium Airborne Infectious Diseases Methylene Chloride Diacetyl and Food Flavorings with Diacetyl Hazard Communication Driving Backward Hazards
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Regulatory Agenda cont’d Injury/Illness Recording and Reporting Requirements Power Transmission and Distribution Emergency Response and Preparedness Combustible Dust Confined Space in Construction
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Region V Inspections
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Ohio Inspections
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Region V Fatalities Federal States
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Ohio Fatalities
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Region V Construction Fatalities
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Ohio Construction Fatalities
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FY 2010 Toledo Fatalities Nov 550’ fall from aerial lift Nov 11medical assistant struck by motor vehicle Jan 20sanitary worker struck by motor vehicle Feb 21head injury from CNC machine Mar 20head struck by bus chassis Mar 31crushed by forklift July 7crushed when roof collapsed July 25crushed when vehicle tipped over Aug 4crushed when block wall collapsed Aug 19bear attacked caretaker Aug 24tree fell on worker Sept 17crushed in grain auger 13 non-work related fatals- heart attacks, lacerations, gas explosion, blood clot, legionnaires disease
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Ohio Whistleblower Investigations (completed cases only)
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Region V Significant Cases Greater Than $100,000 (Federal States)
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Region V Average Penalty Serious Citations
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FY 2010 – Construction Top 10 Most Cited Standards 1) Scaffolding 2) Fall Protection 3) Ladders 4) Hazard Communication 5) Head Protection 6) General Safety & Health Provisions 7) Aerial Lifts 8) Excavation Requirements 9) Electrical, Wiring Methods 10) Eye & Face Protection
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FY 2010 – General Industry Top 10 Most Cited Standards 1) Hazard Communication 2) Respiratory Protection 3) Lockout/Tagout 4) Electrical, Wiring Methods 5) Powered Industrial Trucks 6) Electrical, General Requirements 7) Machine Guarding 8) Process Safety Management 9) Personal Protective Equipment 10) Recordkeeping
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OSHA’s Cooperative Programs Alliance Program OSHA Strategic Partnership Program Voluntary Protection Programs Consultation Program & SHARP
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Inspection Priorities Imminent danger Catastrophes Employee complaints and referrals Targeted inspections – high injury/illness rate industries Follow-up inspections
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OSHA Investigations Phone/Fax Site visit
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Inspection Process Presentation of credentials Opening conference Walk-through Closing conference
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OSHA Citations List regulations/standards violated Include proposed penalties Set deadline for abatement
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Contesting Citations Must be done within 15 working days In writing to area office May request an informal conference
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Resources www.osha.gov Duty Officers and Compliance Assistance Specialists in OSHA offices On-Site Consultation Quick Takes http://www.osha.gov/as/opa/quicktakes http://www.osha.gov/as/opa/quicktakes OSHA Quick Cards OTI and Education Centers
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