asse osha update presented by: keven l. yarbrough assistant area director tampa area office...

53
ASSE OSHA Update ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Upload: caren-wilcox

Post on 12-Jan-2016

217 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

ASSE OSHA UpdateASSE OSHA Update

PRESENTED BY:Keven L. YarbroughAssistant Area Director Tampa Area Office 813-626-1177

Page 2: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

OSHA at 40

• OSHA is making a difference:– Worker deaths in America are down — from 14,000 in 1970 to

4,400 in 2009 — in a workforce that has doubled in size.– Injuries and illnesses are down — from 10.9 incidents per 100

workers in 1972 to less than 4 per 100 in 2009.– Since the late 1980s, grain explosions have declined 42 %,

worker injuries dropped 60 %, worker deaths fell 70% percent.– OSHA's 1978 Cotton Dust standard drove down rates of brown

lung disease among textile workers from 12 % to 1 %.• The clear impact of OSHA can be seen on a daily. • In January 2011, in Secaucus, New Jersey, a 25-year-old

worker was doing repairs high up on an outside wall of a residential tower when he fell — but he was saved from striking the ground by the safety harness he was wearing. He was shaken up and bruised, but he's alive.

Page 3: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

OSHA at 40

• Challenges Ahead– OSHA must carefully target its efforts and leverage its

resources• Creative Solutions

– SVEP – Employers in SVEP receive "special attention" from OSHA

– New penalties policy – OSHA is using the public spotlight to expose worst

violators• Compliance Assistance• Giving Workers a Strong Voice• Standards

Page 4: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Why Strong Enforcement?

• Although fatalities are dropping in numbers, there are still too many

• Florida still has a high number of fatalities

• Struck-by and falls still continue to be leading causes of death

Page 5: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Fatality Investigations by the Fatality Investigations by the Tampa Area OfficeTampa Area Office

422007

522006

372008

Page 6: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Fatality Investigations by Tampa Fatality Investigations by Tampa Area OfficeArea Office

302009

252010

352011

Page 7: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Enforcement

• Administrative Enhancements to OSHA’s Penalty Policies - http://www.osha.gov/dep/penalty-change-memo.pdf

• New Severe Violator Enforcement Program (SVEP) program is aimed at employers who have demonstrated recalcitrance, or indifference, to their obligations under the OSH Act - Replaces the EEP2

Page 8: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Severe Violator Enforcement Program (SVEP)

• Concentrate inspection resources on employers who have demonstrated recalcitrance or indifference to their OSH Act obligations by committing willful, repeated, or failure-to-abate violations in one of four circumstances

Page 9: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

SVEP - Criteria

• Any inspection that meets one or more of the following criteria at the time the citations are issued:– Fatality inspection with one or more willful or repeat violations, or

FTA notices based on a serious violation related to a death or 3 or more hospitalizations

– An inspection in which OSHA finds 2 or more willful or repeated violations or FTA notices (or any combination) based on high gravity serious violations related to a High-Emphasis Hazard (fall hazards, amputation hazards, combustible dust hazards, silica hazards, lead hazards, excavation/trenching hazards, shipbreaking hazards)

Page 10: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

SVEP - Criteria

• Any inspection that meets one or more of the following criteria at the time the citations are issued:– An inspection in which OSHA finds 3 or more willful or

repeated violations or FTA notices (or any combination) 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

– All egregious (e.g., per-instance citations) enforcement actions will be considered SVEP cases

Page 11: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177
Page 12: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Procedures of SVEP

• Enhanced Follow-up Inspections• Nationwide Inspections of Related

Workplaces/Worksites• Increased Company Awareness of OSHA

Enforcement• Enhanced Settlement Provisions• Federal Court Enforcement under Section 11(b)

of the OSH Act

Page 13: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Successful Programs Continue

• Site Specific Targeting List• NEP Combustible Dust • NEP on Trenching • NEP on Hexavalent Chromium • Regional / Local Emphasis Programs:

– Falls– Overhead powerlines– Lead– Silica– Landscaping – Health Hazards in Scrap and Waste Materials

Recycling Operations

Page 14: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177
Page 15: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

New and Upcoming Regional Emphasis Programs

• Sharps

• Powered Industrial Trucks

• Noise

• Methylene Chloride

• Primary Metals – NEP

• Cranes & Derricks

Page 16: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

REP for Reducing the Number of Sharps Injuries

• Applies to ambulatory surgical care centers, freestanding emergency care clinics and primary care medical clinics (SIC 8011)

• Effective March 25, 2011• Detailed evaluation of the employer's safety and

health programs to minimize worker exposures to bloodborne pathogen hazards associated with exposure to contaminated sharps devices

Page 17: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

REP for Powered Industrial Truck

• Applies to all inspections conducted in general industry, maritime and construction

• Effective April 29, 2011• During all inspections, CSHO shall determine if

PITs are utilized• If they are, inspection expanded or referral made

to cover those operations unless PIT operations have been inspection within the last 3 years

• Normally, an inspection will be conducted for all complaints alleging PIT hazards

Page 18: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177
Page 19: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Site Specific Targeting for 2010

• Effective Date – August 18, 2010• 2009 OSHA Data Initiative - 2008 injury and

illness data collected• SST for 2011 issued September 9, 2011

Page 20: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Recordkeeping NEP

• Recently, several academic studies have asserted varying degrees of under-recording of workplace injuries and illnesses on the OSHA Form 300

• OSHA postulates the most likely places where under-recorded injuries and illnesses may exist would be low rate establishments operating in historically high rate industries.

Page 21: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Additional Covered Industries:NAICS 623110 Nursing Homes

NAICS 311615 Poultry Processing

NAICS 115210 Support Activities for Animal Production

Page 22: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Recordkeeping NEP

• DIRECTIVE NUMBER 10-07 (CPL 02)

• EFFECTIVE DATE: September 28, 2010

• TITLE: Injury and Illness Recordkeeping National Emphasis Program (RK NEP)

• http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-07.pdf

Page 23: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Pre-Rule Phase

• Title: Occupational Exposure to Beryllium – 1999 and 2001, OSHA was petitioned to

issue an emergency temporary standard by the United Steel Workers, Public Citizen Health Research Group, and others.

• OSHA is currently conducting a scientific peer review of its draft risk assessment

• Economic peer review was scheduled to be completed in June 2011.

Page 24: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Pre-Rule Phase

• Title: Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes – On July 26, 2006, the United Food and Commercial Workers

International Union and the International Brotherhood of Teamsters) petitioned DOL for an Emergency Temporary Standard

– Bronchiolitis obliterans, a debilitating and potentially fatal disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn industry and in food flavoring manufacturing plants

– Advanced Notice of Proposed Rulemaking on January 21, 2009, but withdrew the ANPRM on March 17, 2009, in order to facilitate timely development of a standard

– The SBREFA Panel Report was completed on July 2, 2009.– NIOSH is currently developing a criteria document on

occupational exposure to diacetyl– NIOSH scheduled to initiate public peer review of the criteria

document in June, 2011

Page 25: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Pre-Rule Phase

• Bloodborne Pathogens – Review that will consider the continued need for the rule; whether the rule overlaps, duplicates, or conflicts with other Federal, State or local regulations and the degree to which technology, economic conditions, or other factors may have changed since the rule was evaluated

• Analyze Comments starting June, 2011

Page 26: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Pre-Rule Phase

• Title: Combustible Dust – The U.S. Chemical Safety Board (CSB) completed a study of

combustible dust hazards in late 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured another 718.

– CSB recommended OSHA to pursue a rulemaking on this issue. – On July 31, 2005, OSHA published the Safety and Health

Information Bulletin, "Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions."

– OSHA implemented a Combustible Dust National Emphasis Program (NEP) March 11, 2008.

– ANPRM October 21, 2009 – – Stakeholder meetings - 2009 and 2010– Webchat for combustible dust - June 28, 2010. – Initiate SBREFA - December 2011.

Page 27: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177
Page 28: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Pre-Rule Phase

• Title: Infectious Diseases – OSHA is considering the need for a standard to ensure that

employers establish a comprehensive infection control program and control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease e.g. TB. SARS, Shingles.

– Health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings e.g. laboratories pathologists, coroners’ offices, medical examiners, and mortuaries.

– OSHA published an RFI on May 6, 2010, the comment period closed on August 4, 2010.

– OSHA is currently analyzing the comments submitted by stakeholders.

Page 29: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Proposed Rule Phase

• Title: Occupational Exposure to Crystalline Silica – OSHA permissible exposure limit (PEL) for general industry is

based on a formula proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1968

– PEL for construction and shipyards (derived from ACGIH's 1970 Threshold Limit Value) is based on particle counting technology, which is considered obsolete.

– Completed SBREFA Report - 12/19/2003 – Initiated Peer Review of Health Effects

and Risk Assessment - 05/22/2009 – Completed Peer Review - 01/24/2010 – NPRM - 06/00/2011 – Hearings – 11/00/2011

Page 30: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Proposed Rule Phase

• Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) – In 1990, OSHA proposed a rule addressing slip, trip, and

fall hazards and establishing requirements for personal fall protection systems.

– OSHA published a notice to re-open the rulemaking for comment on May 2, 2003, because a number of issues were raised in the NPRM record.

– A second NPRM on May 24, 2010, which was modified to reflect current information as well as reassess the impact.

– Notice of Informal Hearing - 11/12/2010– Public Hearing - 01/18/2011 – Analyze Comments - 08/00/2011

Page 31: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Proposed Rule Phase

• Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions – OSHA is proposing to update appendix A to

subpart B of part 1904 to include North American Industry Classification System (NAICS and based on more recent occupational injury and illness rates.

– Require employers to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations.

Page 32: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Final Rule Phase

• Title: Confined Spaces in Construction • Abstract: In 1993, OSHA issued GI Confined Space

Standard to protect workers entering confined spaces (29 CFR 1910.146). This standard does not apply to the construction. Discussions with the United Steel Workers of America led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a proposed rule to protect construction workers in confined spaces

• Final Action: 11/00/2011.

Page 33: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Final Rule Phase

• Title: Hazard Communication – In 2003, the United Nations adopted the Globally Harmonized

System of Classification and Labeling of Chemicals (GHS). – Countries are now adopting the GHS into their national

regulatory systems. – ANPRM - 09/12/2006 – ANPRM Comment Period End - 11/13/2006 – Complete Peer Review of Economic Analysis - 11/19/2007 – NPRM - 09/30/2009 – NPRM Comment Period End - 12/29/2009 – Hearings - 03/02 and 31/2010 – Post Hearing Comment Period End - 06/01/2010 – Final Action - 09/00/2011

Page 34: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Final Rule Phase

• Title: Electric Power Transmission and Distribution; Electrical Protective Equipment – The annual fatality rate for power line workers is about 50 deaths

per 100,000 employees– Construction standard addressing the safety constructing electric

power transmission and distribution lines is over 35 years old– Amend the general industry standard so that requirements for

work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction

– GI standards including electrical protective equipment and foot protection

– Fall protection in aerial lifts – NPRM - 06/15/05– Public Hearing – 2005 and 2006– Reopen Record - 10/22/08 – Public Hearings - 10/28/09– Final Rule - 09/00/11

Page 35: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Completed Actions

• Cranes and Derricks in Construction (Subpart CC 1926.1400-1442)

• Completed and implemented

• Some sections will be implemented over the next four years

• 42 sections and 3 appendices

Page 36: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Heat Illness Prevention (that time of year)

• Exposure to heat can cause illness and death. • Risk Factors for Heat Illness

– High temperature and humidity, direct sun exposure ,no breeze or wind– Low liquid intake; previous heat illnesses– Heavy physical labor– Waterproof clothing– No recent exposure to hot workplaces

• Schedule frequent rest periods with water breaks in shaded or air conditioned areas.

• Routinely check workers who are at risk of heat stress due to protective clothing and high temperature.

• Consider protective clothing that provides cooling.• What to Do When a Worker is Ill from the Heat

– Call a supervisor for help. If the supervisor is not available, call 911.– Have someone stay with the worker until help arrives.– Move the worker to a cooler/shaded area.– Remove outer clothing.– Fan and mist the worker with water; apply ice (ice bags or ice towels).– Provide cool drinking water, if able to drink.

• IF THEWORKER IS NOT ALERT or seems confused, this may be a heat stroke. CALL 911 IMMEDIATELY and apply ice as soon as possible.

Page 37: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Other Issues

Page 38: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Fall Protection Interim Guideline

• OSHA issued a new directive withdrawing a former one issued in 1995 that allowed residential builders to bypass fall protection requirements

• Initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction.

• Feasibility is no longer an issue or concern• The NAHB, the National Advisory Committee for

Construction Safety and Health, and the Occupational Safety and Health State Plan Association all recommended rescinding the 1995 directive

Page 39: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177
Page 40: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177
Page 41: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Guidance for Residential Construction

• Directive Number: STD 03-11-002

• Effective date: December 16, 2010

• Enforcement date: June 16, 2011

• Temporary policy until September 16, 2011

Page 42: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Guidance for Residential Construction

• “Residential construction" for purposes of 29 CFR 1926.501(b)(13) to include two elements: – a residence requirement; – a wood frame construction requirement

• If an employer is engaged in residential construction, but does not provide guardrail systems, safety net systems, personal fall arrest systems, or other fall protection allowed under 1926.501(b), a citation for violating 1926.501(b)(13) should be issued unless the employer can demonstrate the infeasibility of these protective measures or the existence of a greater hazard

Page 43: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Guidance for Residential Construction

• If the employer demonstrates infeasibility or a greater hazard, the CSHO must determine if the employer has implemented a fall protection plan meeting the requirements of 1926.502(k)

• Fall protection plans under 1926.502(k) must be written and site-specific– A written plan developed for repetitive use for a

particular style/model home will be considered site-specific with respect to a particular site only if it fully addresses all issues related to fall protection at that site

Page 44: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Training Updated Requirements

• New Two-hour module required for inclusion in Outreach Training Program classes

• Maximum of 7 ½ hours of training allowed per day • Training requirements include 10-hour courses

being delivered over a minimum of 2 days and 30-hour courses being delivered over a minimum of 4 days

• Exceptions will only be granted in extremely extenuating circumstances– OSHA will not consider cost savings, trainer availability,

time limits or missing work as extenuating circumstances

Page 45: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Distracted Driving

• In 2009 more than 5,400 people died in crashes linked to distraction and thousands more were injured

• In particular, texting while driving has become such a prominent hazard that 30 states now ban text messaging for all drivers

• USDOL partnership with the U.S. Department of Transportation to combat distracted driving

Page 46: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

Distracted Driving

• "Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their jobs. OSHA will investigate worker complaints, and employers who violate the law will be subject to citations and penalties.“ Assistant Secretary of Labor for OSHA Dr. David Michaels

• www.osha.gov/distracted-driving

Page 47: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

FY 2011 Top 10 Most Frequently Cited General Industry Standards

1. Hazard Communication

2. Respiratory Protection

3. Lockout/Tagout4. Powered Industrial

Trucks5. Electrical, Wiring

Methods

6. Electrical, General Requirements

7. Machine Guarding8. Recordkeeping9. Personal Protective

Equipment10.Guarding Floor &

Wall Openings & Holes

Page 48: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

FY 2011 Top 10 Most Frequently Cited Construction Standards

1. Scaffolding

2. Fall Protection

3. Ladders

4. Fall Protection, Training Requirements

5. Hazard Communication

6. General Safety & Health Provisions

7. Head Protection

8. Specific Excavation Requirements

9. Aerial Lifts

10. Eye & Face Protection

Page 49: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

The Interview?

Page 50: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

OSHA OFFICES IN FLORIDA

Page 51: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

TAMPA AREA OFICECURRENT

• SAFETY SPECIALISTS 19• INDUSTRIAL HYGIENISTS 7• COMPLIANCE ASSISTANCE SPECIALIST 1• WB INVESTIGATORS 3• ADMINISTRATIVE SUPPORT 4• ASSISTANT AREA DIRECTOR 3• AREA DIRECTOR 1• TOTAL 38

Page 52: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

If you want a copy of our Regional Newsletter, and to be subscribed for future issues, please give us your business card and we will add your e-mail address to our Regional E-News Distribution List.

Page 53: ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

www.osha.gov1-800-321-OSHA (6742)