Transcript Severe Violator Enforcement Program (SVEP)

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OSHA Standards and Regulations in
Development
• Silica
• Confined Spaces in
Construction
• Recordkeeping and Reporting
• Walking/Working Surfaces
See OSHA’s latest
Regulatory Agenda on
regulations.gov for
complete information on
OSHA’s rulemaking.
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Silica
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Web Pages
Publications
Video
Rulemaking
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Combustible Dust
Electronic Resources
• Safety and Health Topics Page
Publications
• Fact Sheet
• Poster
• Booklet on Firefighting Precautions
• Safety and Health
Information Bulletin
• Hazard Communication Guidance
Additional Resources
• National Emphasis Program
• Standard in Development
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OSHA’s Initiatives
Heat Illness Prevention
Severe Violator Enforcement
Program (SVEP)
• Fatality/Catastrophe with 1 or more willful,
repeat or FTA citations
• Non Fat/Cat with 2 or more W,R,FTA
citations (serious, high gravity) related to
High Emphasis Hazard
• Non Fat/Cat with 3 or more W,R,FTA
citations (serious, high gravity) related to
PSM
• Any egregious case
SVEP Impact
• Enhanced Follow Up Inspections
• Nationwide Inspections
• Increased Company Awareness of OSHA
Enforcement
• Enhanced Settlement Provisions
• Can be removed after 3 years
• Currently over 400 companies on SVEP
list!
Montana SVEP Impact
• Western Sugar Cooperative
– (12 Serious, 4 Repeat and $193,300 in
penalties)
• Cenex Harvest States
– (15 Serious, 3 Repeat and $212,100 in
penalties) Currently in contest
Montana Criminal Case
• OSHA issued 16 citations to MR Asphalt:
• one willful violation for failing to provide a guardrail or fall
protection on the working surface
• 13 serious violations including failing to provide training
on hazardous chemicals, exposing workers to electrical
hazards and leaving defective ladders in service, and
• 2 other-than-serious violations for failing to record each
work-related fatality, injury or illness and notify OSHA
within eight hours of an occupational fatality.
• OSHA initially issued $54,000 in fines, but the company
settled for $36,500.
Montana Criminal Case
• “By ignoring fall protection requirements, this
employer showed plain indifference and intentional
disregard to worker safety,” said Jeff Funke, director
of OSHA’s Billings, MT, Area Office
• OSHA to refer a case to the U.S. Justice Department
for criminal prosecution:
– an employee fatality, and
– a willful violation
– the employer is alleged to have falsified documents and lied
to OSHA regarding the fatality.
Montana Criminal Case
Comment to Article:
I am glad to see the U.S. Department of Justice step
up to this case. It is a rare event. Some State’s
Attorneys have brought negligent homicide charges
in cases of outrageous recklessness and/or
negligence leading to workplace deaths. There
ought to be more of these state cases. A man’s
falling from a height to his death is not an
unforeseeable event. The Old Testament directs that
you put a parapet/railing around your roof (flat roofs
were used for storage), so that someone does not
fall off and die. People knew this 2500 to 3000 years
ago. See Deuteronomy 22:8.
DOJ Settlement
– Defendant shall hire and retain a safety consultant
to conduct a comprehensive safety and health
survey.
– The consultant will further conduct random,
unannounced safety inspections and audits of the
work site to ensure compliance.
– Defendant is sentenced to pay a fine of $3,750, a
$25 special assessment, and restitution in the
amount of $6,250.
– Defendant shall serve a three-year term of
– unsupervised probation.
Montana Significant Cases
• Lowes Home Improvement (14 Serious,
3 Repeat and $120,450 in penalties)
• Cenex Harvest States, Inc. (15 Serious,
3 Repeat and $212,100 in penalties)
– Currently Contested
• Dollar Tree (1 Repeat, 3 Willful and
$217,000 in penalties).
– Currently Contested
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Protecting Temporary Workers:
A joint responsibility
 Both host employers and staffing agencies have
roles in complying with workplace health and
safety requirements and they share responsibility
for ensuring worker safety and health.
 Legally, both the host employer and the staffing
agency are employers of the temporary worker.
Shared control over worker = Shared responsibility for
worker
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 3 million people are employed by staffing
companies every week.
 11 million temporary and contract
employees are hired by U.S. staffing firms
over the course of a year.
Source: American Staffing Association
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Why Are Temp Workers At High Risk of Injury?
 New workers are at increased risk of injury.
 Host employers don’t have the same
commitment to temporary employees as to
permanent ones.
 Employer who bears the risk of the injury (temp
agency) does not control safety and health
investment.
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Temporary Workers:
Outreach & Education
 Alliance with American
Staffing Association
 Issued Temporary Worker
Recommended Practices
 Developing Compliance
Assistance Bulletins
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Temporary Worker Initiative
 In all inspections, OSHA’s
inspectors ask about the
presence of temp workers,
the hazards to which they are
exposed, and the training
they have received.
 We are seeing an impact.
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OSHA Working with Oil & Gas
Industry
 Safety Stand-downs
 New hazard recognition course
 OSHA Upstream Oil & Gas Safety Workgroup
National and Regional
Emphasis Programs
FY 15 NEP’s
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Amputations in Manufacturing
Lead Exposures (GI and Construction)
Silica Exposures (GI and Construction)
Hexavalent Chromium Exposures
Chemical Processing Safety
Combustible Dust
Trenching and Excavation
Primary Metals Industries (Foundries)
Nursing Homes
Regional Emphasis Programs
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New Publications
• Hazard Communication Standard: Small
Entity Compliance Guide (Mar. 2014)
• Fall Prevention Training Guide – English
and Spanish (May 2014)
• Hospital Safety Fact Sheets (Feb. 2014)
• Narrow Frame Scaffolds Fact Sheet
(Apr. 2014)
• Reporting Requirements Wallet Card
(Nov. 2014)
• Temporary Workers Best Practices
(Aug. 2014)
• Tree Card Work Hazard Bulletin
(July 2014)
For a full list of new
OSHA publications, visit
OSHA’s Publications
Web page.
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Construction-Related Web Resources
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Construction-Related Publications
Disclaimer
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This information has been developed by an OSHA Compliance Assistance
Specialist and is intended to assist employers, workers, and others as they
strive to improve workplace health and safety. While we attempt to
thoroughly address specific topics, it is not possible to include discussion of
everything necessary to ensure a healthy and safe working environment in
a presentation of this nature. Thus, this information must be understood as
a tool for addressing workplace hazards, rather than an exhaustive
statement of an employer’s legal obligations, which are defined by statute,
regulations, and standards. Likewise, to the extent that this information
references practices or procedures that may enhance health or safety, but
which are not required by a statute, regulation, or standard, it cannot, and
does not, create additional legal obligations. Finally, over time, OSHA may
modify rules and interpretations in light of new technology, information, or
circumstances; to keep apprised of such developments, or to review
information on a wide range of occupational safety and health topics, you
can visit OSHA’s website at www.osha.gov.