ASSE/AIHA 2009 – OSHA Enforcement Update

Richard E. Fairfax, CIHDirectorOSHA – Enforcement programs

FY 2009 (Oct-Jan)Federal OSHAInspection Data

Prepared by The Directorate of Enforcement Programs

FY 2005 – FY 2009Inspections Conducted

38,714 38,579 39,324 38,951

10,632

0

10,000

20,000

30,000

40,000

50,000

FY05 FY06 FY07 FY08 FY09

FY 2005– FY 2009% Programmed vs. % Unprogrammed

55%

45%

56%

44%

59%

41%

60%

40%

61%

39%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

Programmed Unprogrammed

FY 2005 – FY 2009Percent Complaint Inspections

20% 19% 18% 17% 17%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

FY 2005 – FY 2009% Inspections In-Compliance

27% 27% 26% 24% 20%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

FY 2005 – FY 2009% NIC Inspections With Only Other-Than-Serious Violations Cited

13% 12% 11% 11% 9%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

FY 2005 – FY 2009Total Violations Issued

85,307 83,91388,846 87,687

27,738

0

25,000

50,000

75,000

100,000

FY05 FY06 FY07 FY08 FY09

FY 2005 – FY 2009\% Total Violations Issued As Serious

72% 73% 76% 77% 78%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

FY 2005 – FY 2009% Total Violations Issued As Serious, Willful, Repeat, & Unclass

76% 77% 79% 80% 83%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

FY 2005 – FY 2009Percent Inspections With Violations Contested

8% 7% 7% 7% 7%

0%

20%

40%

60%

80%

100%

FY05 FY06 FY07 FY08 FY09

FY 2009Top 10 Most Cited Standards(General Industry Only)

1. Hazard Communication

2. Respiratory Protection

3. Lockout/Tagout4. Electrical, Wiring

Methods5. Powered Industrial

Trucks

6. Electrical, Systems Design

7. Machine Guarding8. Personal Protective

Equipment9. General Duty

Clause10. Guarding Floor &

Wall Openings & Holes

FY 2009Top 10 Most Cited Standards(Construction Only)

1. Scaffolding2. Fall Protection3. Ladders4. Hazard

Communication5. Fall Protection –

Training Requirements

6. Arial Lifts7. Construction

(General S&H Provisions)

8. Excavations9. Head Protection10. Scaffolds – Training

Requirements

Whistleblower Protection Program FY 2008

Directorate of Enforcement ProgramsOffice of the Whistleblower Protection Program

Cases Received

1388 232

82

18

42347

39

2

523

OSHASOXAIR21STAAERAEPAPSIAAHERANTSSAFRSA

Comparison of Cases ReceivedFY 2007 and FY 2008

0

200

400

600

800

1000

1200

1400

2007 1292 218 297 50 61 22 1 1

2008 1388 232 347 82 52 39 3 2 18 42

11(c) SOX STAA AIR21 EPA ERA PSIA AHERA NTSSA FRSA

Cases Completed

1259

18965

6

16 322

30

1

50

1

OSHASOXAIR21STAAERAEPAPSIAAHERANTSSAFRSA

Outcomes of Complaints Completed

Withdrawal 296 15%

Dismissal 1276 63%

Issued Merit Findings or Recommended Litigation

28 6% 22%

Settled by OSHA 327 73%

Settled Other 93 21%

Total 2020 100%

National Merit Rate

28%25% 24% 23%

20% 21% 22% 21% 22%

0%

5%

10%

15%

20%

25%

30%

2000 2001 2002 2003 2004 2005 2006 2007 2008

Average Days to Complete Cases, by Region

0102030405060708090100110120130140150160170180190200210220230

1 2 3 4 5 6 7 8 9 10

Field Operational Manual (FOM)

Posted January 9th, 2009 Cleared by the Union, pending

Departmental clearence. Replaces the FIRM and Old FOM Incorporates numerous directives and

memorandums

Work in Progress

14,000 letters Site Specific Targeting Permit required Confined Spaces PPE Directive to also include PPE

Payment

Work in Progress

Process Safety Management Chemical Plant NEP Oil and gas Well Drilling NEP Meer Decision Directive Reactives Directive PSM General Directive

Work in Progress

Rolling Stock Directive Means of Egress Directive Enhanced Enforcement Programs

Work in Progress

Occupational Asthma NEP Diacetyl and Flavorings NEP Asbestos in Construction Directive Updating Respiratory Protection

Directive Noise Directive

Work in Progress

Bloodborne pathogens Directive TB Directive Metals NEP Stimulus package related work

Construction According to preliminary BLS data there

were 5,488 total workplace fatalities in 2007.

1,178 of the total workplace fatalities were in the construction industry

An average of 3 people die every day on construction sites in America (that is 7 days a week, 365 days a year)

1,178 fatalities in 2007 represent a 5% decrease over 2006.

Construction

The leading causes of construction fatalities

Falls – 442 out of 1,178 (38%) Electrocutions – 108 (9%) Struck by Object – 106 (9%) Caught-in/between – 97 (8%)

Construction Standards

Hearing for Cranes and Derricks Proposed Rule (March 17-20, Francis Perkins Building, Auditorium)

Confined Spaces in Construction Proposed Rule; hearing comments are being reviewed

Construction

Crane Safety Initiative is being managed by the Office of Construction Services, in cooperation with the Construction Coordinators of all Regional Offices

Construction The following guidance documents/QuickCards are

being developed and are schedule for review by ACCSH by the end of this FY: Masonry Construction Safety Guidance Document Working Near Skylights During Construction Activities

QuickCard Elevator Construction Guidance Document QuickCard Series for Demolition Operations Sanitation for Construction Workers QuickCard QuickCard Series for Construction Electrical Safety Underground Construction Guidance Document

Federal Agencies The Office of Federal Agency Programs,

within the Directorate of Enforcement has the broad task of overseeing OSHA’s work with all the federal agencies.

The office takes a four prong approach in overseeing federal agencies. Specifically the four main components of work in the office are: Program Direction Program Evaluation Enforcement and Compliance Assistance, and Outreach and Training

Federal Agencies Program Direction refers to a range of work that

focuses on the programmatic responsibilities of the FAP office. It includes: Managing the Federal Advisory Council on

Occupational Safety and Health—a 16-member group of union and management officials chartered by the Secretary to provide advice on all matters relating to OSH in the federal Executive Branch.

Encouraging federal agencies to participate in the Field Federal Safety and Health Councils. Chartered by the Secretary to promote the

advancement of OSH in the federal sector, such as, problem-solving, outreach, training, networking opportunities.

Currently there are approximately 50 councils across the country.

Federal Agencies

Program Direction (cont) Developing an annual report to the

President on the status of federal agencies’ OSH programs.

Administering OSH initiatives, such as the Safety Health and Return-to-Employment initiative which is a government-wide program aimed at improving the key elements of a safety, health, and injury case management program

Federal Agencies The Program Evaluation component of

the office is currently: Working on a project that will allow OSHA to

access federal agencies OSHA injury and illness data. Working with the Bureau of Labor Statistics, we

are developing a plan that will allow collection of federal agencies’ injury and illness data on an annual basis. Having this data will offer a more accurate assessment of the agencies and feed into much of the work across the office components.

Federal Agencies Program Evaluation (cont)

o Drafting a new evaluation directive to better review the status of agencies programs. o This new evaluation will take a two step

approach—first assessing the national occupational safety and health program in place by an agency and then evaluating individual worksites of agencies. By using concepts provided from 6 sigma and lean sigma, the office intends to assist agencies in developing a more efficient and comprehensive approach to their OSH programs.

Federal Agencies The Enforcement and Compliance

Assistance Developing inspection programs specific for

federal agencies. Currently there are two programs—FedTarg which targets worksites with high number of lost time cases. Currently the program uses workers’

compensation data but in the future it will be able to use the OSHA injury and illness data. The second program is the Air Traffic Control Tower targeted inspections that is assessing egress issues at these towers.

Federal Agencies

Enforcement and Compliance Assistance (cont)

o This component also assists agencies in developing alternate or supplemental standards. Given the specialized focus of some federal agencies, it’s not surprising that standards above and beyond the basic OSHA standards are needed and FAP staff work with the agencies to ensure the standards develop ensure the health and safety of federal workers.

Federal Agencies Outreach and Training Component

A week of annual training specifically for federal agencies, which is provided at OSHA’s training institute. Again, one use of the OSHA injury and illness data will be to determine if certain training should be provided based on the types of injuries occurring. Currently the program provides a range of half day courses over a week and allows both collateral duty and full-time OSH staff an opportunity to expand their knowledge in areas important to their work.

Federal Agencies Outreach and Training (cont)

This component is now focusing on developing a new communication strategy to ensure that the office is working efficiently in leveraging their resources with federal agencies and in ensuring agencies know what the office offers. We expect that in the future, OSHA will be able to provide information and assistance through web access to Federal Agencies with staff and locations outside the U.S.

QUESTIONS