enforcement osha's enhanced enforcement program –focus on employers who have received...

Enforcement

• OSHA's Enhanced Enforcement Program– Focus on employers who have received

"high gravity" citations • Follow-Up Inspections • Programmed Inspections • Public Awareness • Settlement Provisions• Federal Court Enforcement

Issuing Citations under 11(b) of the OSH Act

• 11(b) of the OSH Act – authorizes the Secretary of Labor to obtain court orders compelling employers to comply with final Orders of the Review Commission

• Powerful tool for those employers who fail to respond to normal enforcement incentives

Issuing Citations under 11(b) of the OSH Act

• Employer who violates such a court order can be found in contempt of court

• Potential sanctions for contempt– Daily failure-to-abate penalties– Recovery of cost to bring such action– Incarceration of an individual corporate officer

who flouts the court’s order– Any sanctions to secure compliance

Semiannual Regulatory Agenda

December 2007

Pre-rule Stage

• Occupational Exposure to Crystalline Silica

• Occupational Exposure to Beryllium

• Methylene Chloride – 1910.1052 - Review

Proposed Rule Stage

• Confined Spaces in Construction: Preventing Suffocation/ Explosions in Confined Spaces

• Cranes and Derricks

• Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl

Final Rule Stage

• Electric Power Transmission and Distribution; Electrical Protective Equipment

Completed Actions

• Lead in Construction - Review

Pay for PPE

• 29 CFR Parts 1910, 1915, 1917, 1918 and 1926 • This final rule becomes effective on February 13,

2008. The final rule must be implemented by May 15, 2008.

• OSHA is requiring employers to pay for the PPE provided, with exceptions for specific items.

• Codifies a 1994 Agency-wide Policy on employer payment for PPE.

Pay for PPE

• This rule does not set forth new requirements regarding the PPE that must be provided and the circumstances in which it must be provided.

• The rule merely requires employers to pay for the PPE that is used to comply with the Parts amended.

• A note to the final standard also clarifies that when the provisions of another OSHA standard specify whether or not the employer must pay for specific equipment, the payment provisions of that standard will prevail.

Pay for PPEExceptions

• Non-specialty safety-toe protective footwear and non-specialty prescription safety eyewear

• Metatarsal protection as long as the employer provides and pays for metatarsal guards that attach to the shoes

• Logging boots • Everyday clothing, skin creams, etc.

Pay for PPE

• If an employer decides to use upgraded PPE to meet the requirements, the employer must pay for that PPE.

• If an employer provides PPE at no cost, an employee asks to use different PPE, and the employer decides to allow him or her to do so, then the employer is not required to pay for the item

• Replacement of PPE – employer pays* except when employee loses or intentionally damages the equipment.

Employee-Owned PPE

• If an employee wants to use PPE they own and employer allows, then employer does not have to pay.

• Employee’s use of PPE they own must be completely voluntary.

Pandemics Disrupt Lives

• A pandemic may come and go in waves lasting for months at a time.

• Disruptions could include closure of schools and businesses.

• Interruptions of basic services like public transport and health care may occur.

• There can be a lot of social disruption and economic loss.

Impact of an Influenza Pandemic

• Social disruption– School closures– Sports and other social event cancellation– Workforce reduction/business closures

• Decreased community services• Economic loss• Interruption of basic services

– Mass quarantine– Self-quarantine

Impact of an Influenza Pandemic

• Civil unrest– Lack of law enforcement– Quarantine– Insufficient healthcare

• Vaccines• Medications

Controls

Work Practice • hand washing• seasonal influenza vaccine• education and training on risk• policies to minimize contacts

between employees and customers

Controls

• Engineering Controls– install physical barriers– install drive through windows– negative pressure ventilation

in healthcare settings

Controls

• Administrative Controls– policies for liberal sick leave– discontinuation of travel to areas with high

transmission rate– minimize face-to-face contact – home delivery of goods and services– develop emergency communication plans

Controls

• Personal Protective Equipment (PPE)– select based on hazard– educate and train on use– properly fitted respirators– regularly maintained and replaced– properly removed and disposed

Outreach, Education and Compliance Assistance

• Hispanic Family S&H Fairs

• Mailings to companies– e.g. rental companies for struck-by

• Increase number of subscribers to Regional Electronic Newsletter

• Update photo archive with abatement pictures

• Youth Workers

Outreach, Education and Compliance Assistance

• Creation and distribution of CDs

• Creation and distribution of Construction ToolBox Training

• Ambassador Program– Target a town at least once a

month for door to door introductions

PartnershipsPartnerships

• Associated General Associated General Contractors South Contractors South Florida Chapter and Florida Chapter and East Coast Chapter East Coast Chapter

Centex Construction – Villas @ Reunion Square Project

Toll Free Phone : 1-866-273-1105http://www.usfsafetyflorida.com

OSHA’s Triple Bottom LineOSHA’s Triple Bottom Line

Reduce injuries, Reduce injuries,

illnesses, and illnesses, and

fatalities fatalities