Transcript Slide 1

OSHA Update
Issues in 2011
OSHA at 40
George Yoksas, Area Director
Milwaukee OSHA Office
April 2011
Future
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Dr. Michael’s Vision
 Stronger enforcement: Some employers need
incentives to do the right thing.
 Ensure that workers have a voice
 Refocus and strengthen our compliance
assistance programs
 Change workplace culture: Employers must
“find and fix” workplace hazards
 Improve and modernize workplace injury and
illness tracking: Strengthen our focus on
accurate recordkeeping
 Strengthen OSHA’s use of science
Regulatory Agenda
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Injury and Illness Prevention Program
Confined Space in Construction
Silica
Global Harmonization - HazCom
Beryllium
PELs (Permissible Exposure Limits)
Infectious Diseases
Modernizing Recordkeeping
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MSD Column
Recent News
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OSHA Penalty Structure
Serious Violators Enforcement
Program
New Crane Standard
Fall Protection in Residential
Construction
Penalty Changes
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Gravity-Based
Penalty
Size
History
Good Faith
Increased Minimum
Penalties
Severe Violator
Enforcement
Program
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Repeat Violations
Informal Conference
Consideration
Application of
penalty adjustment
factors
Effective 10/1/10
Severe Violator Enforcement
Program - SVEP
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Replaces the Enhanced Enforcement
Program (EEP)
Modifies guidance for grouping related HG
serious violations and permits citing each
with its own penalty
AD may limit adjustment for SVEP related
violations to achieve the appropriate
deterrent effect
SVEP Criteria
Fatality/Catastrophe Criterion
One or more willful or repeated citations or
failure-to-abate notices based on a serious
violation related to a death of an employee or
three or more hospitalizations
Non-Fatality/Catastrophe Criterion Related
to High-Emphasis Hazards
Two or more willful or repeated violations
or failure-to-abate notices based on high
gravity serious violations related to a HighEmphasis Hazard
SVEP Criteria (cont.)
Non-Fatality/Catastrophe Criterion for
Hazards Due to the Potential Release of a
Highly Hazardous Chemical (PSM)
Three or more willful or repeated
violations or failure-to-abate notices 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
SVEP Criteria (cont.)
Egregious Criterion
All egregious (e.g., per-instance citations)
enforcement actions including Recordkeeping
SVEP High Emphasis Hazards:
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Fall Hazards
Amputation Hazards
Combustible Dust
Hazards
Crystalline Silica
Hazards
Lead Hazards
Excavation/Trenching
Hazards
New Regulations
and Directives
OSHA’s New Crane
Standard Highlights
• Ground Conditions
• Assembly/Disassembly
• Power lines
• Operator Certification
• Signals/Rigging
• Inspections
Fall Protection Requirements for
Residential Construction
Effective June 16, 2011
• Workers engaged in residential construction six (6) feet or more
above lower levels must be protected by conventional fall protection
or alternative fall protection measures allowed under 1926.501(b) for
particular types of work.
• If an employer can demonstrate that fall protection required
under 1926.501(b)(13) is infeasible or presents a greater hazard it
must implement a written, site-specific fall protection plan
meeting the requirements of 29 CFR 1926.502(k). The fall
protection plan must specify alternative measures that will be
used to eliminate or reduce the possibility of employee falls.
Emphasis Programs
Emphasis Programs in
Construction for 2011
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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
Emphasis Programs in
General Industry for 2011
• Powered Industrial Vehicles (PIVs)
• Lead
• Silica
• Site Specific Targeting (SST)
• Combustible Dust
• Amputations
• Chemical Plants/Process Safety
• Flavorings (Diacetyl)
• Primary Metals
• Federal Agencies
• Recordkeeping
• Air Traffic Control Towers
• Grain Handling
New Outreach Topics
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Heat
Fatigue
Distracted Driving
Most Frequently Cited Violations
in General Industry
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1200 (e)(1) Hazard Communication Program
212 (a)(1) Machine Area Guarding
1200 (h)(1) Hazard Communication Training
23 (h)(1) Guarding of Open Sided
Floors/Platforms
5) 215 (b)(9) Grinders – Tongue Guards
6) 151 (c) Eyewash
7) 147 (c)(4)(i) Lockout Procedures
8) 212 (a)(3)(ii) Point of Operation Guarding
9) 178 (l)(1)(i) Competency on Operating Powered
Industrial Trucks
10) 147 (c)(1) Lockout Program
Most Frequently Cited Violations
in Construction
1) 501 (b)(13) Residential Fall Protection 6’ or Higher
2) 1053 (b)(1) Ladder Extension not 3 Feet Above
Landing
3) 501 (b)(1) Unprotected Sides and Edges
4) 100 (a) Hard Hats
5) 503 (a)(1) Fall Hazards Training Program
6) 102 (a)(1) Eye and Face Protection
7) 453 (b)(2)(v) No Harness while in an Aerial Lift
8) 451 (g)(1) Scaffold Fall Protection - 10’ and Higher
9) 451 (e)(1) Scaffold Access – 2’ or more
10) 451 (b)(1) Scaffold Platform – Not Fully Planked
National Statistics FY 2010
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
Resources: 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
Milwaukee Area Office
8th Annual Safety Day
Reaching Out
2011
June 9, 2011
Cooperative Effort Between
OSHA, ASSE
WCTC, WisCon
• Thirty Educational Sessions
taught by OSHA Staff
and ASSE Members
• Special ½ and Full day
Sessions
• OSHA 10 Hour Class Finishing
on Safety Day
• Vendor Area
Wisconsin OSHA Offices
Eau Claire
Appleton
715-832-9019
920-734-4521
Madison
Milwaukee
608-441-5388
414-297-3315
Questions
OSHA at 40