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OSHA OSHA Update Update for ASSE for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

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Page 1: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

OSHA OSHA

Update Update

for ASSEfor ASSE

PRESENTED BY:Joan M. SpencerCompliance Assistance Specialist Tampa Area Office 813-626-1177

Page 2: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

OSHA’s Mission

• To Assure So Far as Possible Every Working Man and Woman in the Nation Safe and Healthful Working Conditions...

Page 3: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177
Page 4: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177
Page 5: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177
Page 6: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177
Page 7: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

2011 - 433

2011 - 44

2011 - 390

2011 - 226

Page 8: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177
Page 9: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

National Emphasis ProgramsNational Emphasis Programs

•Crystalline silicaCrystalline silica•LeadLead•Combustible dustCombustible dust•Oil refineriesOil refineries•Trenching hazardsTrenching hazards•AmputationsAmputations•Shipbreaking Shipbreaking •Chemical plantsChemical plants•Hexavalent ChromiumHexavalent Chromium•Nursing Homes Nursing Homes •IsocyanatesIsocyanates•Primary metalsPrimary metals

Page 10: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Regional Emphasis Programs

• Overhead Powerlines• Falls• Landscaping• Noise• Lead• Sanitation and Clean-up operations in

“Food and Kindred Products”

Page 11: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Regional Emphasis Programs

• Silica

• Fork lifts

• Maritime Inspections

Page 12: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Site Specific Targeting for 2012

• Effective Date – January 4, 2013• 2011 OSHA Data Initiative - 2010

injury and illness data collected

Page 13: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

• 2,250 establishments – randomly from both the SST-11 Primary and Secondary lists – for inspection pursuant to the Evaluation Study.

• The SST-12 primary inspection lists for federal jurisdiction Area Offices will be comprised of 1,260 establishments selected as part of the Evaluation Study.

• Trigger DARTs and DAFWIIs different for manufacturing and non-manufacturing

SST 12

Page 14: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

• Trigger DARTs and DAFWIIs different for manufacturing, non-manufacturing and nursing and personal care facilities

• National Average CY 2009 and CY2010 DART – 1.8

• National Average CY 2009 and CY2010 DAFWII – 1.1

• Comprehensive Safety inspection, possible health inspection

SST 12

Page 15: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

SST 12

• Manufacturing establishments– DART rate at or above 7.0 or– DAFWII case rate at or above 5.0

• Non-manufacturing Establishments– DART rate at or above 15.0 or– DAFWII case rate at or above 14.0

Page 16: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Most Frequently Cited StandardsManufacturing (SIC 20-39)

Lockout/Tagout 1910.147

Hazard Communication 1910.1200

Machine Guarding – General Requirements 1910.212

Respiratory Protection 1910.134

Electrical – Wiring Methods 1910.305

Powered Industrial Trucks 1910.178

Electrical – General Requirements 1910.303

Machine Guarding – Power Transmission Apparatus 1910.219

Personal Protective Equipment – General 1910.132

Machine Guarding – Abrasive Wheel 1910.215

Page 17: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Most Frequently Cited StandardsConstruction (SIC 15-17)

Fall Protection – Duty to Have Protection 1926.501

Scaffolds – General Requirement 1926.451

Ladders 1926.1053

Fall Protection – Training 1926.503

Eye and Face 1926.102

Hazard Communication 1910.1200

Head Protection 1926.100

Aerial Lifts 1926.453

Trenching 1926.651

General safety and health provisions 1926.20

Page 18: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards Rulemaking

* Including Semiannual Regulatory Agenda published 11/26/2013

Page 19: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards in Pre-Rule Stage

• Infectious Diseases• Reinforced Concrete in Construction and

Preventing Backover Injuries and Fatalities• Review/Lookback of OSHA Chemical Standards• Bloodborne Pathogens Review *• Process Safety Management And Flammable

Liquids• 1915 Subpart E Scaffolds, Ladders and Other

Working Surfaces

Page 20: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards in Proposed Rule Stage

• Amendments to the Cranes and Derricks in Construction Standard

• Cranes and Derricks in Construction: Operator Certification

• Approved State Plans for Occupational Safety and Health

• Combustible Dust• Occupational Exposure to Beryllium

Page 21: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards in Proposed Rule Stage

• Occupational Exposure to Crystalline Silica

• Improve Tracking of Workplace Injuries and Illnesses

• Clarification of Employer's Obligation to Make and Maintain Accurate Records of Work-Related Injuries and Illnesses

• Injury and Illness Prevention Program• Updating OSHA Standards Based on National Consensus

Standards Eye and Face Protection

Page 22: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Proposed 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 – 4/00/2014.

Page 23: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Proposed Rule Phase

• Title: Injury and Illness Prevention Program – It involves planning, implementing, evaluating, and

improving processes and activities that protect employee safety and health.

– Build on voluntary Safety and Health Program Management Guidelines), published in 1989, VPP, SHARP, ANSI/AIHA Z10 and Occupational Health and Safety Assessment Series 18001.

– Twelve States have similar rules. – Stakeholder Meetings - 06/03/2010 – Initiate SBREFA 0 - 1/06/2012– NPRM - 09/00/2014

Page 24: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Proposed Rule Phase

• Title: Improve Tracking of Workplace Injuries and Illnesses– An updated and modernized reporting system would enable a

more efficient and timely collection of data and would improve the accuracy and availability of the relevant records and statistics.

– This proposal involves modification to 29 CFR part 1904.41 to expand OSHA's legal authority to collect and make available injury and illness information required under part 1904.

– Stakeholder Meetings - 05/25/2010– Comment Period End - 06/18/2010 – NPRM – 11/8/2013

Page 25: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist 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 - 09/12/13

Page 26: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Proposed Silica Standard

• OSHA is proposing two separate regulatory texts– one for general industry

and maritime– one for construction

• https://www.osha.gov/silica/index.html

Page 27: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Proposed Silica Standard

• 50 ug/m3 respirable crystalline silica

• Preferred methods for controlling exposure

• Respiratory protection,

• Medical surveillance,

• Hazard communication, and Recordkeeping.

Page 28: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Proposed 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. Request for Information 11/26/2002 67 FR 70707

• Request For Information Comment Period End 02/24/2003

• SBREFA Report Completed 01/23/2008 • Initiated Peer Review of Health Effects

and Risk Assessment 03/22/2010 • Complete Peer Review 11/19/2010 • NPRM 04/00/2014

Page 29: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards in Final Rule Stage

• Procedures for Handling Employee Retaliation Complaints Under:– National Transit Systems Security Act;

– Surface Transportation Assistance Act;

– Federal Railroad Safety Act,

– Consumer Financial Protection Act;

– Corporate and Criminal Fraud Accountability Act of 2002;

– Seaman's Protection Act;

– Affordable Care Act;

– FDA Food Safety Modernization Act

Page 30: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards in Final Rule Stage

• Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

• Vertical Tandem Lifts• Walking Working Surfaces and Personal Fall Protection

Systems (Slips, Trips, and Fall Prevention)

• Confined Spaces in Construction• Electric Power Transmission and

Distribution; Electrical Protective Equipment

Page 31: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Final 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.

– Report to OSHA the occurrence of fatalities and certain injuries. – NPRM - 06/22/2011 – NPRM Comment Period End - 09/20/2011 – Notice of Reopening of Record - 09/28/2011 – Comment Period End - 10/28/2011 – Final Action 04/00/2014

Page 32: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Final Rule Phase

• Title: Confined Spaces in Construction • Abstract: In January 1993, OSHA issued a general

industry rule to protect employees who enter confined spaces - 1910.146). This standard does not apply to the construction industry because of unique characteristics of construction worksites. Pursuant to discussions with the United Steel Workers of America that 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: 2/00/2014

Page 33: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

• Title: Confined Spaces in Construction – Similar to the requirements for Permit

Required Confined Spaces (PRCS)• Atmospheric Testing Methodology• Engineering Controls Options for hazards

within the spaces• Personal Protective Equipment options

Final Rule Phase

Page 34: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Final Rule Phase

• Title: Confined Spaces in Construction – Provides detailed hazard assessment

guidance– Clarifies information exchange requirements– Provides more guidance for the selection and

training of rescue services and personal– Provides more guidance for the selection of

rescue methods

Page 35: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Final Rule Phase

• Title: Confined Spaces in Construction – Permit Required CS– Permit Required CS - Continuous System

PRCS (requirements in regulatory text) – Controlled\Atmosphere Confined Space– Isolated Hazard Confined Space

Page 36: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

• Title: Walking & Working Surfaces; Personal Fall Protection Equipment (Subparts D&I)

• NPRM published 5/24/10http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21518

• Public Hearings held

1/18-21/11

• Final Rule – 06/00/2014

Final Rule Phase

Page 37: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

• Title: Walking & Working Surfaces; Personal Fall Protection Equipment (Subparts D&I) – Incorporate the construction scaffolding standards– Criteria for fall protection equipment– Compliance flexibility including travel restraint

systems and designated areas for fall protection when appropriate.

– Criteria on the proper use of personal fall protection systems when used by the employer.

Final Rule Phase

Page 38: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist 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 industry standard addressing the safety of these workers

during the construction of electric power transmission and distribution lines is over 35 years old

– Amend the corresponding standard for general industry 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

– Miscel. 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 – 11/00/2013

Page 39: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards of Completed Action

• Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes

• Consensus Standard Update--Signage• Revising Record Requirements in the

Mechanical Power Presses Standard

Page 40: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

Standards of Long-Term Action

• Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

Page 41: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

In EffectIn Effect

Revised Hazard Revised Hazard Communication Communication

Standard Standard (and not GHS)(and not GHS)

Page 42: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

OSHA’s Cooperative Services

• Alliance Program

• Strategic Partnership Program

• Compliance Assistance

• Consultation Services

• SHARP

• Voluntary Protection Program (VPP)

• OTI & and OTI-Education Centers

• Publications, Posters, etc

Page 43: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist 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 44: OSHAUpdate for ASSE PRESENTED BY: Joan M. Spencer Compliance Assistance Specialist Tampa Area Office 813-626-1177

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

[email protected]