Todd Flick

Assistant Area Director

Denver Area Office

303-844-5285

OSHA 2017 Summary

for the Colorado Chapter of

the National Utility Contractors

Association (NUCA)

Topics

• Fiscal Year 2017 Summary

• OSHA Emphasis Programs

• Regulatory Changes

• OSHA Initiatives

• Resources

Colorado Year in Review FY 2017

• 13 Fatalities (14 FY 2016, 24 FY 2015)

• 1,120 Inspections (1158 FY 2016,1429 FY

2015)

• 84% Safety and 16% Health

• 58% Construction

• 32% In-compliance

• ~ 63% Inspections with violations

• ~ 62% Violations - serious

Colorado Year in Review FY 2017

• 1385 Violations Issued (1597 FY 2016,

1723 FY2015)

• $4,543,835 in proposed penalties

• $3,571490 FY 2016, $4,279,279 FY 2015

• $3,737 average initial penalty for serious

violation

• 32% reduction in penalty

• 4.7% contested

Colorado FatalitiesFY 2005-2017

0

20

40

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

0 37 7

1 0 0 2 1 2 20 1

3228 29

33

11

2116

2216 19

23

1513

Oil and Gas

General Industry

Construction

Total

Colorado Fatalities Brief Facts

FY 2017

• 13 fatalities

• Weld - 3

• Denver - 3

• El Paso - 2

• Broomfield -1

• Arapahoe - 1

• La Plata - 1

• Garfield - 1

• Summit - 1

• 4 fatalities struck by objects

• 6 fatalities in construction

• 1 fatality in oil and gas

• 1 electrocution

• 1 explosion

• 1 drowning

• 30% involved being struck by

object

Top Ten Violations

Most frequently cited

OSHA standards

during FY 2017

inspections

1. Fall Protection – General Requirements

(1926.501)

2. Hazard Communication (1910.1200)

3. Scaffolding (1926.451)

4. Respiratory Protection (1910.134)

5. Lockout/Tagout (1910.147)

6. Ladders (1926.1053)

7. Powered Industrial Trucks (1910.178)

8. Machine Guarding (1910.212)

9. Fall Protection – Training Requirements

(1926.503)

10. Electrical – Wiring Methods (1910.305)

OSHA Specific Standards Most Frequently Cited Violations in Colorado

FY 2017

1. Fall Protection, General 1926.501(b)(13)

2. General Safety & Health 1926.20(b)(2)

3. Hazard Communication written program

1910.1200(e)

4. Hazard Communication Training

(GHS)1910.1200(h)

5. Eye and Face Protection 1926.102(a)(1)

6. Ladder use extend 3’ above 1926.1053(b)(1)

7. Machine guarding 1910.212(a)(1)

8. Respiratory protection medical evaluation

1910.134(e)(1)

9. Respiratory protection program

1910.134(c)(1)

10. Respiratory protection evaluate respiratory

hazards 1910.134(d)(1)(i)

*Above make up 44% of the penalties

Top Ten Violations: FY 2017 (with top 5 sections cited)

1) 1926.501 - Fall Protection

• 1926.501(b)(13) (4,257 violations) – fall protection in

residential construction

• 1926.501(b)(1) (1,055 violations) – unprotected sides

and edges

• 1926.501(b)(10) (589 violations) – roofing work on low-

slope roofs

• 1926.501(b)(11) (485 violations) – steep roofs

• 1926.501(b)(4)(i) (143 violations) – protection from

falling through holes, including skylights

Top Ten Violations: FY 2017 (with top 5 sections cited)

2) 1910.1200 - Hazard Communication

• 1910.1200(e)(1) (1,520 violations) – written hazard

communication program

• 1910.1200(h)(1) (1,233 violations) – employee

information and training

• 1910.1200(g)(8) (459 violations) – maintaining

copies of Safety Data Sheets in the workplace and

ensuring that they are readily available to employees

• 1910.1200(g)(1) (338 violations) – having Safety Data

Sheets in the workplace for each hazardous chemical

• 1910.1200(h)(3)(iv) (192 violations) – training on

details of employer’s hazard communication program

Top Ten Violations: FY 2017 (with top 5 sections cited)

3) 1926.451 - Scaffolding

• 1926.451(g)(1) (606 violations) – fall protection

• 1926.451(e)(1) (483 violations) – providing access

• 1926.451(b)(1) (374 violations) – platform construction

• 1926.451(g)(1)(vii) (298 violations) – use of personal fall

arrest or guardrail systems

• 1926.451(c)(2) (181 violations) – foundation for

supported scaffold poles, legs, posts, frames, and uprights

Top Ten Violations: FY 2017 (with top 5 sections cited)

4) 1910.134 – Respiratory Protection

• 1910.134(e)(1) (605 violations) – medical evaluation to

determine employee’s ability to use a respirator

• 1910.134(c)(1) (495 violations) – written respiratory

protection program

• 1910.134(f)(2) (277 violations) – fit testing for employees

using a tight-fitting face piece respirator: testing frequency

• 1910.134(c)(2)(i) (239 violations) – providing respirators

at request of employees or permitting employees to use

their own respirators

• 1910.134(d)(1)(iii) (225 violations) – respirator selection:

evaluation of respiratory hazards in workplace

Top Ten Violations: FY 2017 (with top 5 sections cited)

5) 1910.147 – Lockout/Tagout

• 1910.147(c)(4)(i) (622 violations) – developing,

documenting, and utilizing energy control procedures

• 1910.147(c)(6)(i) (384 violations) – periodic inspection of

energy control procedure at least annually

• 1910.147(c)(1) (373 violations) – establishing an energy

control program

• 1910.147(c)(7)(i) (288 violations) – training on the energy

control program

• 1910.147(d) (178 violations) – elements of lockout/tagout

procedures

Top Ten Violations: FY 2017 (with top 5 sections cited)

6) 1926.1053 - Ladders

• 1926.1053(b)(1) (1,454 violations) – extending

portable ladder side rails at least 3 feet above upper

landing surface

• 1926.1053(b)(4) (333 violations) – using ladders only

for purpose for which they were designed

• 1926.1053(b)(13) (219 violations) – not using the top

or top step of a stepladder as a step

• 1926.1053(b)(16) (108 violations) – marking or tagging

portable ladders with structural defects and

removing them from service

• 1926.1053(b)(6) (79 violations) – using ladders only on

stable and level surfaces unless secured

Top Ten Violations: FY 2017 (with top 5 sections cited)

7) 1910.178 – Powered Industrial Trucks

• 1910.178(l)(1)(i) (455 violations) – operator training:

ensuring that operators are competent to safely operate a

powered industrial vehicle as demonstrated by completion of

training and evaluation

• 1910.178(l)(4)(iii) (254 violations) – refresher training and

evaluation: evaluation of operator’s performance must be

conducted at least once every three years

• 1910.178(p)(1) (232 violations) – not taking powered

industrial trucks out of service when in need of repair,

defective, or unsafe

• 1910.178(l)(6) (225 violations) – certification of operator

training and evaluation

• 1910.178(q)(7) (171 violations) – examining powered

industrial trucks daily or after each shift before placing

them in service

Top Ten Violations: FY 2017 (with top 5 sections cited)

8) 1910.212 – Machine Guarding

• 1910.212(a)(1) (1,334 violations) – providing

one or more methods of machine guarding

• 1910.212(a)(3)(ii) (499 violations) – point of

operation guarding

• 1910.212(b) (104 violations) – anchoring

fixed machinery

• 1910.212(a)(2) (75 violations) – affixing

guards to the machine

• 1910.212(a)(5) (43 violations) – guarding fan

blades

Top Ten Violations: FY 2017 (with top 5 sections cited)

9) 1926.503 – Fall Protection, Training

• 1926.503(a)(1) (1,237 violations) – training program for each

employee who might be exposed to fall hazards

• 1926.503(b)(1) (245 violations) – written training certification

• 1926.503(a)(2) (80 violations) – training by a competent

person qualified in specified areas

• 1926.503(c)(3) (61 violations) – retraining required when

inadequacies in employee’s knowledge or use of fall protection

systems or equipment indicate that the employee has not

retained the requisite understanding or skill

• 1926.503(a)(2)(iii) (35 violations) – training by a competent

person on fall protection to be used, including guardrail, personal

fall arrest, safety net, warning line, and safety monitoring

systems, and controlled access zones

Top Ten Violations: FY 2017 (with top 5 sections cited)

10) 1910.305 – Electrical, Wiring Methods

• 1910.305(g)(1)(iv)(A) (277 violations) – using flexible cords and

cables as a substitute for the fixed wiring of a structure

• 1910.305(g)(2)(iii) (252 violations) – connecting flexible cords and

cables to devices and fittings so that strain relief is provided that will

prevent pull from being directly transmitted to joints or terminal screws

• 1910.305(b)(1)(ii) (215 violations) – closing unused openings in

cabinets, boxes, and fittings

• 1910.305(b)(2)(i) (198 violations) – providing pull boxes, junction

boxes, and fittings with covers identified for the purpose

• 1910.305(b)(1)(i) (73 violations) – protecting conductors entering

cutout boxes, cabinets, or fittings from abrasion

FY 2018 National Emphasis

Programs (NEPs)• Amputations in Manufacturing

• Lead Exposures (GI and Construction)

• C-Target Construction

• Hexavalent Chromium Exposures

• Chemical Processing Safety

• Combustible Dust

• Trenching and Excavation

• Primary Metals Industries (Foundries)

• Federal Agencies based on injury rates

FY 2018 Regional and Local

Emphasis (REP/LEPs)• Regional Emphasis Programs

– Fall Hazards in Construction

– Roadway Work Zone Activities

– Oil and Gas Industry

– Grain Handling Facilities

– Workplace Violence in Residential Intellectual and Developmental Disability Facilities

• Local Emphasis Programs

– Hazards in Automotive Services (Englewood)

– Asbestos Abatement (Englewood)

– Scrap & Recycling (Englewood)

– Aircraft Support and Maintenance Facilities (Englewood)

– Beverage handling (Englewood)

New Standards and Policies

• Confined Spaces in Construction

• Respirable Silica

• Walking Working Surfaces

• Beryllium

• Injury/Illness Reporting

• Electronic Recordkeeping

OSHA’s Respirable Crystalline Silica Rule

for Construction

Silica Standard

(Respirable Crystalline Silica)

• Current permissible exposure limits (PELs) are

hard to understand

• General industry formula PEL is about equal to

100 µg/m3; construction = 250 µg/m3

• Current PELs do not adequately protect

workers

• Epidemiologic evidence that lung cancer/silicosis

occur at exposure levels below 100 µg/m3

• New PEL 50ug/m3

24

Exposure and Health Risks

Exposure to respirable crystalline silica

has been linked to:

– Silicosis;

– Lung cancer;

– Chronic obstructive pulmonary disease; and

– Kidney disease

Healthy Lung

Silicotic Lung

25

Respirable Silica Construction/GI(a) Scope

(b) Definitions

(c) Specified exposure control methods (const)

OR

(d) Alternative exposure control methods (const)

• PEL

• Exposure Assessment

• Methods of Compliance

(e) Respiratory protection

(f) Housekeeping

(g) Written exposure control plan

(h) Medical surveillance

(i) Communication of silica hazards

(j) Recordkeeping

(k) Dates

(e) Regulated areas (GI)

(f) Methods of compliance (GI)

(1) Engineering and work practice controls

(2) Written exposure control plan

Example of Table 1 Entry

Equipment

/ Task

Engineering and Work Practice

Control Methods

Required

Respiratory

Protection and

Minimum APF

≤ 4

hr/shift

> 4

hr/shift

Handheld

power saws

(any blade

diameter)

Use saw equipped with integrated

water delivery system that

continuously feeds water to the

blade.

Operate and maintain tool in

accordance with manufacturers’

instruction to minimize dust

- When used outdoors

- When used indoors or in an

enclosed area

None

APF 10

APF 10

APF 10

26

Engineering Controls

Grinding using a vacuum

dust collector

Grinding without engineering

controls

27

Construction –

Competent Person

• Construction employers must designate a

competent person to implement the written

exposure control plan

• Competent person is an individual capable of

identifying existing and foreseeable respirable

crystalline silica hazards, who has authorization

to take prompt corrective measures

• Makes frequent and regular inspection of job

sites, materials, and equipment

28

Written Exposure Control Plan

• The plan must describe:

• Tasks involving exposure to respirable

crystalline silica

• Engineering controls, work practices, and

respiratory protection for each task

• Housekeeping measures used to limit

exposure

29

Communication of Hazards

• Employers required to comply with hazard

communication standard (HCS) (29 CFR

1910.1200)

• Address: Cancer, lung effects, immune system

effects, and kidney effects as part of HCS

• Train workers on health hazards, tasks resulting

in exposure, workplace protections, and medical

surveillance.

30

31

Construction –

Compliance Dates

• Employers must comply with all

requirements (except methods of

sample analysis) by September 23,

2017

• Compliance with methods of sample

analysis required by June 23, 2018

32

Assistance to Small Businesses

33

Many examples of controls on

www.osha.gov

• 1904.41(a)(1) – Establishments with 250

or more employees in industries

covered by the recordkeeping rule:

– Must, on an annual basis, provide data from

the:

• Summary Form 300A

• Log Form 300

• Incident Report 301

– Does not include the injured worker’s name and address

– Does not include the physician’s name and address

Electronic Reporting Injury and

Illness Records (OSHA 300s)

Electronic Reporting

• 1904.41(a)(2) covered Industries

– Ag., forestry and fishing (NAICS 11)

– Utilities (NAICS 22)

– Construction (NAICS 23)

– Manufacturing (NAICS 31-33)

– Wholesale Trade (NAICS 42)

– Industry groups (4-digit NAICS) with a three year average DART rate of 2.0 or greater in the Retail, Transportation, Information, Finance, Real Estate and Service sectors.

– Full list: https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.pdf

• Final Rule Federal Register Notice – May 12, 2016

• Employee Rights effective date – August 10, 2016

• Electronic Reporting effective Date – January 1, 2017

• Phase-in data submission due dates

• New date moved from July 1, 2017 to December 1, 2017

Timeline for Reporting OSHA 300

information

Injury Tracking Application (ITA)

• Employers can access the application from the ITA

landing page at

https://www.osha.gov/injuryreporting/index.html

The ITA was

successfully launched

August 1, 2017

Injury Tracking Application (ITA)

ITA is a secure website with 3 options for

data submission:

o Manually enter data into a webform

o Upload CSV file to process single of multiple

establishments at the same time

o Users of automated recordkeeping systems

can transmit data electronically via an

Application Programming Interface (API)

Injury Tracking Application (ITA):

Get Started

Injury Tracking Application (ITA):

Submit Data to OSHA

Injury Tracking Application (ITA):

Add 300A Summary

Beryllium

• Published as final rule January 9, 2017

• Effective date of May 20, 2017

• Compliance with most provisions required within

one year March 12, 2018

• Proposed rule on construction and maritime

published on June 27, 2017 modifying the new

standard

• Beryllium Final Rule website:

https://www.osha.gov/berylliumrule/index.html

– Contains the rule, overview, FAQ and links to

other info including the archived proposed

rule page

Beryllium

• Reasons for the rule:

– Health dangers have been know for decades

• Chronic Beryllium Disease (sensitization)

• Lung Cancer

– OSHA’s current PEL is outdated and

ineffective for preventing disease

– New PEL .2ug/m3 – 2ug/m3 STEL

– The technology to meet the new standards is

widely available and feasible

Walking Working Surfaces

29 CFR 1910 – General Industry

Walking and Working Surface

Rule effective January 17, 2017

§1910.21 – Scope, Application

and Definitions

§1910.22 – General

Requirements

§1910.23 – Ladders

§1910.24 – Step bolts and

Manhole Steps

§1910.25 – Stairways

§1910.26 – Dockboards

§1910.27 – Scaffolds and

Rope Descent Systems

§1910.28 – Duty to Have Fall

Protection

§1910.29 – Fall Protection

Systems Criteria and

Practices

§1910.30 –Training

Requirements

RAPID RESPONSE INVESTIGATION (RRI)

About 870 reported in Colorado since 1/1/15

37% inspections, 90% hospitalizations

▪ Collaborative, problem-solving approach

▪ Invites an employer and an OSHA Area Office expert to work together toward shared goal:

Find and fix hazards, and improve overall safety

Severe Injury Reporting

▪ Reporting leads to productive interactions with OSHA

▪ Most employers are eager to cooperate with OSHA to prevent similar or worse worker injuries

▪ Many employers went above and beyond OSHA requirements

▪ Some employers continued to put workers at risk and conceal hazards

Severe Injury Reporting:

www.osha.gov

OSHA’s Initiatives

We Can Helpwww.osha.gov

Heat Illness Prevention

▪ Transformational: Improves workplace culture

▪ Good for workers and businesses’ bottom line

▪ Targets small and medium-sized businesses

▪ OSHA encourages this program for every business

▪ National Safe + Sound Week: 2018 TBD

Safe + Sound Campaign

Recommended Practices

▪ Based on best thinking and experiences of successful employers

▪ Will help small and medium-sized employers find and fix hazards before workers are harmed

▪ Shows how multiple employers on same worksite can coordinate efforts to ensure all workers are given equal protection

Safety and Health Programs

Seven Core Elements

▪ Management leadership

▪ Worker participation

▪ Hazard identification and assessment

▪ Hazard prevention and control

▪ Education and training

▪ Program evaluation and improvement

▪ Coordination and Communication on Multi-Employer Worksites

Safety and Health Programs

▪ FALLS are the leading cause of deaths in construction —37% of all construction fatalities

▪ In 2015, 648 workers were killed at work from falls to lower levels. 54% were in construction

▪ Millions of employers and workers participate in annual National Safety Stand-Down to prevent falls events nationwide

Fall Prevention Campaign

13Stopworker fallsFollowing a dramatic decline, communication towers-related worker deaths have risen again

2013

12

2014

3

2015Source: U.S. Department of Labor Occupational Safety and Health Administration

6

2016

▪ 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.

Protecting Temporary Workers: A joint responsibility

Shared control over worker = Shared responsibility for worker

Protecting Young Workers

Workers <25 years old were twice as likely to end up in the emergency room as those 25 and older

osha.gov/youngworkers

Whistleblowers.gov

Whistleblower Protections

▪ Bad for workersand bad for business

▪ When workers fear retaliation for speaking up, problems in the workplace go unreported

and become costlier to fix.

Retaliation against workers

21 million visitors to OSHA’s website in FY 2015

251,000 responses to OSHA 1-800 calls for help

21,000 Spanish-speaking callers helped

16,000 e-mail requests for assistance answered

5,000 outreach activities by Regional & Area Offices

27,800 small businesses helped through Consultation

Compliance AssistanceOSHA helping employers

HG new info-

Cooperative Programs

• Alliance Program

• OSHA Strategic Partnership Program

• Voluntary Protection Programs (VPP)

• OSHA Challenge

• On-site Consultation Program & Safety and Health Recognition Program (SHARP)

We

On-site Consultation with Colorado State University

▪ FREE OSHA e-newsletter delivered twice monthly to more than 170,000subscribers

▪ Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards

▪ Sign up at www.osha.gov

OSHA QuickTakes

Social Media

• DOL Twitter

Account

• DOL YouTube

Channel

• DOL Facebook

Page

• DOL Blog

OSHA publications for every employer’s workplace training needs

Thank You for listening and

participating

• Questions???

www.osha.gov

800-321-OSHA (6742)

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, 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.