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OSHA Update WITC Safety Day Changes and Compliance for 2013 Mark Hysell, Area Director Eau Claire Area OSHA Office April 11, 2013 Topics “YOUR” OSHA Office Regulatory Agenda Emphasis Programs and Targeting for 2013 New Regulations Hazard Communication Inspection Data Resources You Can Use Eau Claire Office Total of 12 Staff Members Four Safety & Two Industrial Hygienist Compliance Assistant Specilist WB Investigator Two Support Staff Private Sector Enforcement NW WI MN State Plan Oversight “YOUR” Resource for Safety & Health Regulatory Agenda Injury and Illness Prevention Program Confined Space in Construction Silica Beryllium PELs (Permissible Exposure Limits) Infectious Diseases Site visits Preliminary Rulemaking Activities Stakeholder meetings RFI or ANPR Development of the Proposed Rule Publication of the Proposed Rule SBREFA Analysis of the Rulemaking Record Public Comment Development of the Final Rule Publication of the Final Rule Implementation The OSHA Rulemaking Process Tracking OSHA Activity Regulatory Agenda Find information on Planned/Proposed OSHA Initiatives Thirty Entries for OSHA Agency Rule List - Fall 2011 Tracking OSHA Activity Emphasis Programs Region 5 Emphasis Programs in General Industry for 2013 • Powered Industrial Vehicles (PIVs) • Lead • Silica • Site Specific Targeting (SST) • Combustible Dust • Amputations • Chemical Plants/Process Safety • Flavorings (Diacetyl, VOCs Furfural, Acetic Acid, Acetoin,) • Primary Metals • Grain Handling • Federal Agencies • Nursing Homes • High Rate of Lost Time Injuries • Dairy Farms (WI) • Shipbreaking Emphasis Programs in Construction for 2013 • • • • • 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 * Complaint Based or Observed UTenn: Dodge Report During an Inspection Region V’s PIV LEP Success Story: PIV Fatalities FY 2007 - FY 2011 12 10 10 8 Construction 6 6 4 4 4 3 2 2 1 1 0 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 Emphasis Programs in Development Expanding Fall LEP to General Industry Including Ladder Safety/Training/Outreach Tree Trimming Demolition Work Carbon Monoxide Region V Falls - FY 2007 - FY 2011 Fall from ladder 31 Fall from same level 15 Fall from elevation, NEC 15 Fall from elevated lift or platform 13 Fall through skylight 11 Fall from scaffolding 11 0 5 10 15 20 25 30 35 Region V Tree Trimming Fatalities (All NAICS) FY2007 - FY2011 10 9 9 8 7 6 5 5 4 4 3 2 2 1 0 0 FY07 FY08 FY09 FY10 FY11 Whistleblower FY 12, Region V received 521 Whistleblower complaints (20% of Nation’s total) Recovered $3,894,007 in Damages Reinstated 17 Complainants 345 – 11(c) cases 44 – 11(c) merit cases 6 – 11(c) Complainants reinstated $249,371 – wages recovered for Complainants under 11(c) 15 Inspections will be conducted if: • Workplace violence results in a worker fatality or three or more hospitalizations. • An employee files a workplace violence complaint. • The company is in an industry with known risk factors for workplace violence. Recent News HazCom 2012 On March 26, 2012 OSHA adopted a large portion of GHS, the Globally Harmonized System of Classification and Labeling of Chemicals. GHS Notable Changes Primary Changes in HazCom 1. Container Labeling 2. Material Safety Data Sheets 3. Employee Training Written Program OSHA did not modify the written hazard communication requirements except for minor terminology edits. Labels Product identifier Signal words Hazard statements Pictograms Precautionary statements Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party Harmonized Information “Pictogram” means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category. Pictograms 22 Pictograms Red borders required No blank pictograms Safety Data Sheets 16-section safety data sheet (SDS) Several sections will not be mandatory since they address information outside OSHA’s jurisdiction (Sections 12-15) A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section Safety Data Sheet Format 1. Identification of the substance or mixture and of the supplier 2. Hazards identification 3. Composition/information on ingredients 4. First-aid measures 5. Fire-fighting measures 6. Accidental release measures 7. Handling and storage 8. Exposure controls/personal protection. 9. Physical and chemical properties 10. Stability and reactivity 11. Toxicological information 12. 13. 14. 15. Ecological information (non-mandatory) Disposal considerations (non-mandatory) Transport information (non-mandatory) Regulatory information (non-mandatory) 16. Other information, including date of preparation or last revision Safety Data Sheet Example GHS Implementation Dates Trends regarding OSHA Enforcement Initiatives In 2010, OSHA implemented a new penalty guidelines The average proposed penalty for “serious” violations more than doubled in 2011. OSHA will be more aggressively issuing “repeat” citations, since the time constraint qualifying repeat violations has increased from 3 to 5 years. FY 2008 – FY 2012 Nationwide Average Penalty Per Serious Violation $2,237 $2,500 $2,006 $2,000 $1,500 $998 $970 $1,053 $1,000 $500 $0 FY08 FY09 FY10 FY11 FY12 29 Inspections Conducted (Federal) FY 2008 – FY 2012 40,993 40,769 41,000 40,488 39,500 38,667 39,004 38,000 FY08 FY09 FY10 FY11 FY12 30 Region V FY-2012 Inspection Data 7,332 total inspections 3,630 of which were construction 1,516 were health inspections Wisconsin inspection in FY 2012 1,586 total inspections 719 were construction 304 were health inspections 31 Significant Enforcement Actions Region V – FY 2012 56 significant and novel cases issued Ohio – 24 issued Illinois – 17 issued Wisconsin – 13 issued Indiana - 1 Michigan - 1 32 Severe Violator Enforcement Program (SVEP) Criteria FATALITY NONFATALI TY NON-FATALITY >1 W, R or FTA based on a serious violation related to a death of an employee or three or more hospitalizations >2 W, R or FTA based on high gravity serious violations related to a HighEmphasis Hazard* Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM) >3 W, R or FTA 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 EGREGIOUS Any Egregious Enforcement Action (including recordkeeping) 33 Top 10 Most Cited Standards General Industry - FY 2012 1. 2. 3. 4. 5. Hazard Communication Respiratory Protection Lockout/Tagout Electrical, Wiring Methods Powered Industrial Trucks 6. 7. 8. 9. 10. Electrical, General Requirements Machine Guarding Recordkeeping Personal Protective Equipment Mechanical Power Transmission Apparatus Top 10 Most Cited Standards Construction Industry - FY 2012 1. 2. 3. 4. 5. Scaffolding Fall Protection Ladders Fall Protection, Training Requirements Hazard Communication 6. 7. 8. 9. 10. Head Protection General Safety & Health Provisions Aerial Lifts Eye & Face Protection Specific Excavation Requirements Region V - Most Frequently Cited Violations Construction General Industry 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Machine Guarding, (general) Hazard Communication(Program) Hazard Communication (Training) Powered Industrial Trucks (Training) Machine Guarding (Point of Operation) LOTO - Procedures LOTO - Program LOTO - Periodic inspections Powered Industrial Trucks, (Retraining) Fall Protection (Guardrails) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Fall Protection (Residential) Fall Protection (Training) Ladders (Positioning) Fall Protection (Guardrails) Safety program (Inspections) Safety program Fall Protection (Res Roofing) Eye & Face Protection Head Protection Scaffolds (Fall Protection) 36 Cooperative & State Programs Cooperative Programs: Consultation Program Voluntary Protection Program – VPP 326 Participants Partnerships Free Service 14 Active Partnerships Alliances 13 Active Alliances 37 Cooperative & State Programs New Training Grants - Areas of Emphasis: Grain Dairy Agricultural Noise and Hearing Conservation Vulnerable Workers 38 2012 Major Outreach Campaigns Heat Stress Falls 39 Safety and Health Resources Web Page Assistance Compliance 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: General Industry Construction Health Care Hispanic Outreach By following the step-by-step guides, you can generate an initial set of compliance assistance materials tailored to your workplace 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 New Outreach Pubs OSHA at a Glance Noise in Construction Hazards of Hair Smoothing Products Respirator Small Entity Compliance Guide All About OSHA Provided at no cost to employers Developed for smaller employers with more hazardous operations Delivered by WisCon or the State Laboratory of Hygiene No penalties are proposed or citations issued Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger Eau Claire Madison Appleton Milwaukee Wisconsin Compliance Assistance Specialists (CAS) Kelly Bubolz U. S. Dept. of Labor - OSHA 1648 Tri Park Way Appleton, WI 54914 (920) 734-4521 Leslie Ptak U. S. Dept. of Labor - OSHA 4802 E. Broadway Madison, WI 53716 (608) 441-5388 Mary Bauer U. S. Dept. Of Labor - OSHA 1310 W. Clairemont Ave Eau Claire, WI 54701 (715) 832-9019 Jim Lutz U. S. Dept. of Labor - OSHA 310 W. Wisconsin Ave Milwaukee, WI 53203 (414) 297-3315 Questions