17sep09 alex update
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OSHA UPDATEOSHA UPDATE
Baton Rouge Area Office
Alex NovasCompliance Assistance Specialist
ContentsContents
Enforcement2
The Road Ahead4
Compliance Assistance33
New Administration 31
Secretary of Labor – Hilda Solis
Acting Assistant Secretary/OSHA – Jordan Barab
New Administration
Current Nominee/David Michaels
Nominee/David Michaels Interim Head, Department of Environmental and
Occupational Health George Washington Health, University School of Public Health
Epidemiologist
Author, Doubt is Their Product: How Industries Assault on Science Threatens Your Health
Michaels has urged a comprehensive safety and health program standard
Occupational Safety and Health Review Commission
Thomasina Rogers confirmed as Chair
Horace “Topper” Thompson, formerly Chair, now serves as second commissioner
No, mention of any nominees for third Commissioner position
Where is Enforcement Going?
RecordkeepingTraining OSHA compliance officersNational Emphasis Program
Low rate employers in a high rate industryUnder reporting
Citation and penalty
Where is Enforcement Going?
Enhanced Enforcement ProgramOIG report – Enhanced Enforcement Program
Redrafting the program – Severe Violators Inspection Program
Better defined criteriaFollow-up
Where is Enforcement Going?
American Reinvestment and Recovery Act (ARRA) 2009
$727.3 BillionInfrastructure projectsConstructionGreen energySupporting industries
Enforcement and compliance assistance
Where is Enforcement Going?
Process Safety Management (PSM)Oil refinery NEPChemical Plant NEP
The PSM standard is not being followed or understood
Combustible dust – Rule Making Announced
Where is Enforcement Going?
Diacetyl and flavorings – In Progress
Ergonomics
Oil and gas well drilling
Areas of Interest for Construction Employers
Cranes and Derricks
Hazard Assessment Assembly Disassembly Power Lines Multi-Use Equipment Training Operator Certification
Update: Cranes and Derricks in Construction
October 9, 2008- Rule Proposed
March 20, 2009- Hearing Concluded
May 19, 2009- Comment Period Closes (New Information, Statistics, and Comments in Support of Hearing Participants’ Testimonies)
June 18, 2009- Record Closes (Legal briefs and Post-Hearing Comments from Hearing Participants)
Areas of Interest for Construction Employers
Confined Spaces
Hazard Assessment Classification of Spaces Training Non-Entry Rescue Methods
Update: Confined Spaces in Construction
November 28, 2007- Rule Proposed
July 23, 2008 - Hearing Concluded
October 18, 2008 - Record Closed
Currently - Comments Are Being Analyzed
Case Law Update
Secretary v. Summit ContractorsSecretary v. Summit Contractors
Multi-employer worksites in constructionMulti-employer worksites in construction
In a much-anticipated decision, on February 26, 2009, the U.S. In a much-anticipated decision, on February 26, 2009, the U.S. Court of Appeals for the Eight Circuit held in Court of Appeals for the Eight Circuit held in Solis v. Summit Solis v. Summit Contractors, Inc.Contractors, Inc. that OSHA regulations do not preclude OSHA from that OSHA regulations do not preclude OSHA from issuing citations to the general contractor.issuing citations to the general contractor.
FY 2008Top 10 Most Frequently Cited Oil and Gas Extraction (SIC 13)
1. 5a.001 – General Duty Clause 112 2. 1910.023 – Guarding floor/wall openings/holes 91 3. 19101200 – Hazard Communication 75 4. 1910.305 – Electrical, Wiring Methods 73 5. 1910.151 – Medical Services & First Aid 64 6. 1910.146 – Confined Spaces 55 7. 1910.134 – Respiratory Protection 47 8. 1910.132 – Personal Protective Equipment 45 9. 1910.157 – Portable Fire Extinguishers 4310. 1910.219 – Mech. Power Transmission apparatus 39
Data Source: OSHA/IMIS Frequently Violated Standards Reports Dated
2/2/09
Case Law Update (cont.)
The majority’s opinion upholds OSHA’s Multi-Employer Citation The majority’s opinion upholds OSHA’s Multi-Employer Citation Policy, making it clear that Policy, making it clear that controlling employers can be liable controlling employers can be liable for for OSHA violations at their places of employment OSHA violations at their places of employment regardlessregardless of of whether or not theywhether or not they createdcreated the hazard or theirthe hazard or their own employees own employees are exposedare exposed to the hazard.to the hazard.
The majority acknowledged that its holding places a large burden on The majority acknowledged that its holding places a large burden on general contractors to have knowledge of all of the regulatory general contractors to have knowledge of all of the regulatory requirements affecting its worksite and to monitor all of the requirements affecting its worksite and to monitor all of the employees of the worksite, but suggested that any concerns about employees of the worksite, but suggested that any concerns about the Multi-Employer Citation Policy should be addressed by the Multi-Employer Citation Policy should be addressed by Congress or OSHA itself.Congress or OSHA itself.
OSHA’s Top 10 Violations: FY2008 (Construction)(Construction)
1. Scaffolding1. Scaffolding
2. Fall Protection2. Fall Protection
3. Ladders3. Ladders
4. Hazard Communication4. Hazard Communication
5. Aerial Lifts5. Aerial Lifts
6. Fall Protection Training6. Fall Protection Training
7. Excavation Requirements7. Excavation Requirements
8. Hardhats8. Hardhats
9. General Safety and Health Provisions9. General Safety and Health Provisions
10. Wiring Design and Protection10. Wiring Design and Protection
OSHA’s Top 10 Violations: FY2008 (General Industry)(General Industry)
1. Hazard Communication1. Hazard Communication
2. Respiratory Protection2. Respiratory Protection
3. Lockout/Tagout3. Lockout/Tagout
4. Electrical, Wiring Methods4. Electrical, Wiring Methods
5. Powered Industrial Trucks - Forklifts5. Powered Industrial Trucks - Forklifts
6. Machine Guarding6. Machine Guarding
7. Electrical, Systems Design7. Electrical, Systems Design
8. Mechanical Power Transmission8. Mechanical Power Transmission
9 Personal Protective Equipment9 Personal Protective Equipment
10. Abrasive Wheel Machinery10. Abrasive Wheel Machinery
Competent Person ??
Louisiana FatalitiesLouisiana FatalitiesFY 2001 – FY 2008FY 2001 – FY 2008
0
10
20
30
40
50
60
Total 324
Source: BRAO
41
40
4448
47
39
30
35
The Leading Causes of Construction Fatalities - 2007
Electrocutions - 108 (9%)
Struck-by - 106 (9%)
Caught-in - 97 (8%)
Falls - 442 out of 1,178 (38%)
BLS Preliminary 2007 CFOI Data
Fatality TypesFatality Types LouisianaLouisiana FY 2008 FY 2008
29%
36%
20%
3%6% 3% 3%
Struck Falls Caught Elect.H2S Explosion Drowning
Protecting America’s Workers ActHR 2067
D-MA/Woolsey D-CA, D-IL/Hare D-MA/Woolsey D-CA, D-IL/Hare OSHA Reform Legislation (H.R. 2067)OSHA Reform Legislation (H.R. 2067)
The bill would also increase financial and criminal penalties for The bill would also increase financial and criminal penalties for employers whose repeated and willful violations result in a worker employers whose repeated and willful violations result in a worker fatality or severe injury. fatality or severe injury.
The proposed Act increases the criminal penalty to a potential The proposed Act increases the criminal penalty to a potential maximum of maximum of 20 years in prison20 years in prison for violations of the OSH Act. for violations of the OSH Act.
Extends OSHA coverage to public sector Employees.Extends OSHA coverage to public sector Employees.
THE ROAD AHEAD
What to Do Going Forward
Evaluate risks at worksites, especially multiemployer safety issues
More focus in training to employee and documentation
Review company recordkeepingFocus on PPE standard requirementsFocus on evacuation plans and
emergency response
Cooperative ProgramsCooperative Programs
Voluntary Protection Voluntary Protection ProgramsPrograms
Alliance ProgramAlliance Program
Strategic Partnership Strategic Partnership ProgramProgram
On-site Consultation On-site Consultation Program’s Safety and Program’s Safety and Health Achievement Health Achievement Recognition ProgramRecognition Program
Compliance AssistanceAllows OSHA to reach millions of employees Allows OSHA to reach millions of employees
across the countryacross the countryFocus on Prevention Focus on Prevention
Training & EducationTraining & EducationOutreach ProgramsOutreach ProgramsDissemination of CA tools & informationDissemination of CA tools & information
Disaster ResponseHurricane Gustav B.R. 2008
ConferencesNADA N.O.
2009
WTCN.Y.2001
OSHA – OSHA – THE RESOURCETHE RESOURCE
Website : Website : www.osha.gov 180 million page views since 1995180 million page views since 1995
Toll free #: 1-800-321-OSHAToll free #: 1-800-321-OSHA
1-800-321-67421-800-321-6742QuickTakesQuickTakeseToolseToolsSpanish language Website Spanish language Website
OSHA Consultation ServiceOSHA Consultation Service
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225.342.9601225.342.9601800.201.2495800.201.2495
www.laworks.netwww.laworks.net
Pandemic Flu
Guidance on Preparing WorkplacesGuidance on Preparing Workplaces Guidance for Healthcare Workers and Healthcare Guidance for Healthcare Workers and Healthcare
EmployersEmployers
THE BOTTOM LINE
DisclaimerDisclaimerThis information has been developed by an OSHA ComplianceThis information has been developed by an OSHA ComplianceAssistance Specialist and is intended to assist employers, workers,Assistance Specialist and is intended to assist employers, workers,and others as they strive to improve workplace health and safety.and others as they strive to improve workplace health and safety.While we attempt to thoroughly address specific topics While we attempt to thoroughly address specific topics [or[orhazards]hazards], it is not possible to include discussion of everything, it is not possible to include discussion of everythingnecessary to ensure a healthy and safe working environment in anecessary to ensure a healthy and safe working environment in apresentation of this nature. Thus, this information must bepresentation of this nature. Thus, this information must beunderstood as a tool for addressing workplace hazards, rather thanunderstood as a tool for addressing workplace hazards, rather thanan exhaustive statement of an employer’s legal obligations, whichan exhaustive statement of an employer’s legal obligations, whichare defined by statute, regulations, and standards. Likewise, to theare defined by statute, regulations, and standards. Likewise, to theextent that this information references practices or procedures thatextent that this information references practices or procedures thatmay enhance health or safety, but which are not required by amay enhance health or safety, but which are not required by astatute, regulation, or standard, it cannot, and does not, createstatute, regulation, or standard, it cannot, and does not, createadditional legal obligations. Finally, over time, OSHA mayadditional legal obligations. Finally, over time, OSHA maymodify rules and interpretations in light of new technology,modify rules and interpretations in light of new technology,information, or circumstances; to keep apprised of suchinformation, or circumstances; to keep apprised of suchdevelopments, or to review information on a wide range ofdevelopments, or to review information on a wide range ofoccupational safety and health topics, you can visit OSHA’soccupational safety and health topics, you can visit OSHA’swebsite at www.osha.gov.website at www.osha.gov.