March 2011
U.S. Dept. of Labor/OSHARegion III
James Touey
Compliance Assistance Specialist
Phone# (215)597-4955
e-mail: [email protected]
Overview:• OSHA at 40
• OSHA Update
• FY 2011 Inspection Targeting
• OSHA Top 10 Violations
• Questions and Answers
What has OSHA done in 40 yrs?• The Occupational Safety and Health Administration was established in
1971. Since then, OSHA and our state partners, coupled with the efforts of employers, safety and health professionals, unions and advocates, have had a dramatic effect on workplace safety. Fatality and injury rates have dropped markedly. Although accurate statistics were not kept at the time, it is estimated that in 1970 around 14,000 workers were killed on the job. That number fell to approximately 4,340 in 2009. At the same time, U.S. employment has almost doubled and now includes over 130 million workers at more than 7.2 million worksites. Since the passage of the OSH Act, the rate of reported serious workplace injuries and illnesses has declined from 11 per 100 workers in 1972 to 3.6 per 100 workers in 2009. OSHA safety and health standards, including those for trenching, machine guarding, asbestos, benzene, lead, and bloodborne pathogens have prevented countless work-related injuries, illnesses and deaths. This timeline highlights key milestones in occupational safety and health history since the creation of OSHA.
•
OSHA Update:• OSHA’s Administrative Penalty Policy
Change
• Global Harmonization System
• PEL Project
• Withdrawal of Engineering Controls for Noise Proposal
• Withdrawal of Musculoskeletal Disorder (MSD) Column on 300 log
Administrative Penalty Policy
• OSHA penalties have not been adjusted for several decades
• Work group assembled to evaluate the Agency’s penalty policies
• Conclusion of the work group – current penalties are too low to have an adequate deterrent effect
• New changes effective October 1, 2010
Gravity-Based Penalty
Old New
High/Greater $5,000 or $7,000 $7,000
Medium/Greater $3,500 $6,000
Low/Greater $2,500 $5,000
High/Lesser $2,500 $5,000
Medium/Lesser $2,000 $4,000
Low/Lesser $1,500 $3,000
Size
Old Reduction New Reduction
1 - 25 60% 40%
26 - 100 40% 30%
101 - 250 20% 10%
251 or more None None
HistoryOld New
Consider previous 3 yrs
10% reduction
Inspected w/i last 5 yrs, no SWRF citations issued (OTS or IC only)
10% reduction
Citations within the previous 3 yrs
No reduction
Inspected and HG Serious or WRF citations issued in the past 5 yrs
10% increase
Never inspected or no HG serious, WRF citations in the past 5 yrs
No reduction
or increase
Penalty Adjustment Factors
Adjustment factors will be applied serially as follows:
1. History
2. Good Faith
3. Quick-Fix
4. Size
Application ofPenalty Adjustment Factors
• Old: All penalty reduction factors summed and multiplied by the Gravity-Based Penalty (GBP)
• New: Penalty adjustment factors will be applied serially to the GBP (e.g., 10%, then 40%, etc. instead of 50%)– Example follows
Sample Moderate Gravity Comparison: Summed vs. Serial
Sample Data Summed Serially*
High/Lesser $5,000 $5,000
History (10%) $4,500 -10%
Good Faith (15%) $3,825 – 15%
Quick Fix (15%) $3,251 – 15%
Size (30%) 10% + 15% + 15% + 30% = 70%
$2,275 - 30%
Result $1,500 $2,275
http://edocket.access.gpo.gov/2009/pdf/E9-22483.pdf
Hazard Communication
Standard (HCS) with provisions of the United
Nations Globally Harmonized System of
Classification and Labeling of Chemicals
(GHS) (September 30, 2009)
http://www.osha.gov/pelforum.html
Injury and Illness
Prevention Program
I2P2
Program”, Proposed Rule– Aimed to minimize worker exposure to safety and
health hazards.
– Require employers to create a plan to 'find and fix' the hazards in their workplaces and then implement the plan.
– Include worker participation in the company safety and health plan.
– Stake holder meetings: – Federal Register Notice: http://s.dol.gov/35.
May 4, 2010
http://www.osha.gov/pls/oshaweb/owadisp.show_document?
p_table=NEWS_RELEASES&p_id=17616
I2P2: “Injury and Illness Prevention”
Elements of an Effective Safety and Health Program
1989 Voluntary Safety and Health Program Management Guidelines
FR 54:3904-3916 Jan 1989
74:927-952 Jan 9, 2009
Safety and Health Program Management Guidelines
• Identifies 4 general elements
– management commitment and employee involvement,
– worksite analysis,
– hazard prevention and control, and
– safety and health training
Feasible Controls for Noise proposal withdrawn
• The interpretation would have clarified the term "feasible administrative or engineering controls" as used in OSHA's noise standard. The proposed interpretation was published in the Federal Register on Oct. 19, 2010.
• Proposal was withdrawn on January 19, 2011
MSD Column on 300 log proposal withdrawn
• Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA proposed to restore the MSD column to the OSHA Form 300 log.
MSD Column on 300 log proposal withdrawn
• The U.S. Department of Labor's Occupational Safety and Health Administration today announced that it has temporarily withdrawn from review by the Office of Management and Budget its proposal to restore a column for work-related musculoskeletal disorders on employer injury and illness logs. The agency has taken this action to seek greater input from small businesses on the impact of the proposal and will do so through outreach in partnership with the U.S. Small Business Administration's Office of Advocacy.
• "Work-related musculoskeletal disorders remain the leading cause of workplace injury and illness in this country, and this proposal is an effort to assist employers and OSHA in better identifying problems in workplaces," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "However, it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community."
• According to the Bureau of Labor Statistics, MSDs accounted for 28 percent of all reported workplace injuries and illnesses requiring time away from work in 2009.
OSHA INSPECTIONS(SST-10)
• Site Specific Targeting (SST) • Comprehensive• 3 Categories:
– Manufacturing Establishments– Non-Manufacturing Establishments– Nursing and Personal Care Facilities
• Based upon DART and DAFWII Rates• 15,000 employers identified nationally• 1552 in PA identified for 2010
OSHA’s Top 10 Violations in General Industry: 2010
1. Hazard Communication 2. Respiratory Protection 3. Lockout/Tagout 4. Electrical, Wiring Methods 5. Powered Industrial Trucks 6. Electrical, General Requirements 7. Machine Guarding, General Requirements 8. Personal Protective Equipment 9. Recordkeeping10. Process Safety Management
OSHA TOP 10 Violations1) 1910.1200(e)(1) No written hazard communication program2) 1910.212(a)(1) General Machine Guarding 3) 1910.147(c)(4) No machine specific energy control procedures4) 1910.1030(c)(1) No written bloodborne pathogens exposure control
plan5) 5(a)(1) General Duty Clause6) 1910.147(c)(6) No periodic inspections of energy control
procedures 7) 1910.147(c)(7) Employees not trained on the energy control
program8) 1910.1200(f)(5) Containers of hazardous chemicals not properly
labeled9) 1910.305(g)(1) Flexible cords and cables were not approved and
suitable for conditions of use and location10)1910.303(b)(2) Electrical equipment was not used or installed in
accordance with listing and labeling instructionsOSHA Federal Standards cited by Frequency in Region IIIJan. 1, 2009 – Jan. 1, 2011, SIC 2011 - 8999
Questions and Answers