Transcript Slide 1

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
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Hazard Communication
Inspection Data
 Resources You Can Use
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Eau Claire Office
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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
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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
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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
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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
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FY 12, Region V received 521 Whistleblower
complaints (20% of Nation’s total)
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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)
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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
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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
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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
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Pictograms
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Red borders required
No blank pictograms
Safety Data Sheets
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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
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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
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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
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Region V
FY-2012 Inspection Data
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7,332 total inspections
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3,630 of which were construction
1,516 were health inspections
Wisconsin inspection in FY 2012
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1,586 total inspections
719 were construction
304 were health inspections
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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
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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)
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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)
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Cooperative & State Programs
Cooperative Programs:
 Consultation Program
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Voluntary Protection Program – VPP
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326 Participants
Partnerships
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Free Service
14 Active Partnerships
Alliances
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13 Active Alliances
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Cooperative & State Programs
New Training Grants - Areas of Emphasis:
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Grain
Dairy
Agricultural
Noise and Hearing Conservation
Vulnerable Workers
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2012 Major Outreach
Campaigns
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Heat Stress
Falls
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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
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OSHA at a Glance
Noise in
Construction
Hazards of Hair
Smoothing Products
Respirator Small
Entity Compliance
Guide
All About OSHA
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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