Transcript Baton Rouge Area Office OSHA UPDATE Alex Novas Compliance Assistance Specialist Contents1 New Administration Enforcement Compliance Assistance The Road Ahead.

Baton Rouge Area Office
OSHA UPDATE
Alex Novas
Compliance Assistance Specialist
Contents
3
1
New Administration
2
Enforcement
3
Compliance Assistance
4
The Road Ahead
New Administration
Secretary of Labor – Hilda Solis
Acting Assistant Secretary/OSHA – Jordan Barab
Current Nominee/David Michaels
Nominee/David Michaels

Interim Head, Department of Environmental and
Occupational Health George Washington Health,
University School of Public Health

Epidemiologist

Author, Doubt is Their Product: How Industries Assault
on Science Threatens Your Health

Michaels has urged a comprehensive safety and
health program standard
Occupational Safety and Health
Review Commission
Thomasina Rogers confirmed as Chair

Horace “Topper” Thompson, formerly
Chair, now serves as second
commissioner

No, mention of any nominees for third
Commissioner position
Where is Enforcement Going?

Recordkeeping
Training OSHA compliance officers
 National Emphasis Program

 Low
rate employers in a high rate industry
 Under reporting

Citation and penalty
Where is Enforcement Going?

Enhanced Enforcement Program
OIG report – Enhanced Enforcement Program
 Redrafting the program – Severe Violators Inspection

Program
Better defined criteria
 Follow-up

Where is Enforcement Going?
American Reinvestment and Recovery Act
(ARRA) 2009
 $727.3 Billion

Infrastructure projects
 Construction
 Green energy
 Supporting industries


Enforcement and compliance assistance
Where is Enforcement Going?

Process Safety Management (PSM)
Oil refinery NEP
 Chemical Plant NEP


The PSM standard is not being followed or
understood

Combustible dust – Rule Making Announced
Where is Enforcement Going?

Diacetyl and flavorings – In Progress

Ergonomics

Oil and gas well drilling
Areas of Interest for Construction
Employers
Cranes and Derricks






Hazard Assessment
Assembly Disassembly
Power Lines
Multi-Use Equipment
Training
Operator Certification
Update: Cranes and Derricks in
Construction

October 9, 2008- Rule Proposed

March 20, 2009- Hearing Concluded

May 19, 2009- Comment Period Closes (New
Information, Statistics, and Comments in
Support of Hearing Participants’
Testimonies)

June 18, 2009- Record Closes (Legal briefs
and Post-Hearing Comments from Hearing
Participants)
Areas of Interest for Construction
Employers
Confined Spaces




Hazard Assessment
Classification of Spaces
Training
Non-Entry Rescue Methods
Update: Confined Spaces in
Construction

November 28, 2007- Rule Proposed

July 23, 2008 - Hearing Concluded

October 18, 2008 - Record Closed

Currently - Comments Are Being
Analyzed
Case Law Update

Secretary v. Summit Contractors

Multi-employer worksites in construction

In a much-anticipated decision, on February 26, 2009, the U.S.
Court of Appeals for the Eight Circuit held in Solis v. Summit
Contractors, Inc. that OSHA regulations do not preclude OSHA from
issuing citations to the general contractor.
FY 2008
Top 10 Most Frequently Cited
Oil and Gas Extraction (SIC 13)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
5a.001 – General Duty Clause 112
1910.023 – Guarding floor/wall openings/holes 91
19101200 – Hazard Communication 75
1910.305 – Electrical, Wiring Methods 73
1910.151 – Medical Services & First Aid 64
1910.146 – Confined Spaces 55
1910.134 – Respiratory Protection 47
1910.132 – Personal Protective Equipment 45
1910.157 – Portable Fire Extinguishers 43
1910.219 – Mech. Power Transmission apparatus 39
Data Source: OSHA/IMIS Frequently Violated Standards Reports Dated 2/2/09
Case Law Update (cont.)

The majority’s opinion upholds OSHA’s Multi-Employer Citation
Policy, making it clear that controlling employers can be liable for
OSHA violations at their places of employment regardless of
whether or not they created the hazard or their own employees are
exposed to the hazard.

The majority acknowledged that its holding places a large burden on
general contractors to have knowledge of all of the regulatory
requirements affecting its worksite and to monitor all of the
employees of the worksite, but suggested that any concerns about
the Multi-Employer Citation Policy should be addressed by
Congress or OSHA itself.
OSHA’s Top 10 Violations:
FY2008 (Construction)
1. Scaffolding
2. Fall Protection
3. Ladders
4. Hazard Communication
5. Aerial Lifts
6. Fall Protection Training
7. Excavation Requirements
8. Hardhats
9. General Safety and Health Provisions
10. Wiring Design and Protection
OSHA’s Top 10 Violations:
FY2008 (General Industry)
1. Hazard Communication
2. Respiratory Protection
3. Lockout/Tagout
4. Electrical, Wiring Methods
5. Powered Industrial Trucks - Forklifts
6. Machine Guarding
7. Electrical, Systems Design
8. Mechanical Power Transmission
9 Personal Protective Equipment
10. Abrasive Wheel Machinery
Competent Person ??
Louisiana Fatalities
FY 2001 – FY 2008
60
50
40
30
47
44
41
48
39
35
40
Total 324
30
20
10
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
20
09
0
Source: BRAO
The Leading Causes of
Construction Fatalities - 2007
 Falls - 442 out of 1,178 (38%)
 Electrocutions - 108 (9%)
 Struck-by - 106 (9%)
 Caught-in - 97 (8%)
BLS Preliminary 2007 CFOI Data
Fatality Types
Louisiana FY 2008
3%
6%
3%
3%
29%
20%
36%
Struck
H2S
Falls
Explosion
Caught
Drowning
Elect.
Protecting America’s Workers Act
HR 2067





D-MA/Woolsey D-CA, D-IL/Hare
OSHA Reform Legislation (H.R. 2067)
The bill would also increase financial and criminal penalties for
employers whose repeated and willful violations result in a worker
fatality or severe injury.
The proposed Act increases the criminal penalty to a potential
maximum of 20 years in prison for violations of the OSH Act.
Extends OSHA coverage to public sector Employees.
THE ROAD AHEAD
What to Do Going Forward
Evaluate risks at worksites, especially
multiemployer safety issues
 More focus in training to employee and
documentation
 Review company recordkeeping
 Focus on PPE standard requirements
 Focus on evacuation plans and
emergency response

Cooperative Programs

Voluntary Protection
Programs

Alliance Program

Strategic Partnership
Program

On-site Consultation
Program’s Safety and
Health Achievement
Recognition Program
Compliance Assistance
Allows OSHA to reach millions of employees
across the country
 Focus on Prevention

Training & Education
 Outreach Programs
 Dissemination of CA tools & information

Disaster Response
Hurricane Gustav B.R. 2008
WTC
N.Y.2001
Conferences
NADA N.O. 2009
OSHA – THE RESOURCE

Website : www.osha.gov
180 million page views since 1995
Toll free #: 1-800-321-OSHA
1-800-321-6742
 QuickTakes
 eTools
 Spanish language Website

OSHA Consultation Service
LOUISIANA WORKFORCE
DEVELOPMENT
1001 N. 23rd Street
Baton Rouge, LA 70804
225.342.9601
800.201.2495
www.laworks.net
Pandemic Flu


Guidance on Preparing Workplaces
Guidance for Healthcare Workers and Healthcare
Employers
THE BOTTOM LINE
THANK YOU!
Alex Novas
225.298.5458 extension 104
[email protected]
Disclaimer
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 [or
hazards], 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.