Todd D. ZentnerCompliance Assistance SpecialistWSSC Quarterly Meeting - 5/19/10

Recent OSHA News

Facts and Stupidity• What are the top two commodities in the world?

• What is the world’s largest supply of fresh water?

• What is the only crime named in the U.S. Constitution?

• “The two most common elements in the universe are Hydrogen and stupidity” – Harlan Ellison

• “Everyone is entitled to be stupid, but some abuse the privilege” - Unknown

FRC – Letter of Interpretation• Dated March 19, 2010

• Citations: Employer fails to provide and use FRC in oil and gas well drilling, servicing, and production related operations.

• Basis: 16% of oilfield fatalities in 2008 resulted from fire and explosions

29 CFR 1910.132(a)• Failure to provide and ensure use of FRC• For Drilling:

– Usually not needed during initial rig up; unless other activities warrant use (i.e. fracing)

– Shall be worn prior to drilling into identified gas or hydrocarbon zones

– Shall be worn when there is a history of fluid or gas kicks from underground producing zones

– Once FRC is in use employees should wear them until the final casing is cemented and the well is closed.

29 CFR 1910.132(a)• For Well Servicing Operations• CSHO shall determine if FRC is provided

and worn during operations such as:– Cementing– Stimulation– Plugging an abandoned well– Open hole work– Fracturing or perforating the well

29 CFR 1910.132(a)• Production Operations:

– Gauging– Transfer of hydrocarbons– Hot work operations– Using open flame– Start-up operations– Maintenance operations

Other Citations• 1910.132(b): Failure to assure FRC is properly

maintained and sanitary• 1910.132(c): Employer may consult consensus

standards such as NFPA 2112 and 2113• 1910.132(d): Employer fails to conduct a hazard

assessment to identify the potential for burn hazards• 1910.132(e): When defective or damaged FRC is used• 1910.132(h): Employer fails to provide, at no cost to

employees, FRC that is used to comply with the standard.

Severe Violator Enforcement Program

(SVEP)

What is it?• Concentrates resources on inspecting

employers who have demonstrated indifference to their OSH Act obligations by committing willful, repeated, or failure-to-abate violations in certain circumstances

• States are required to either adopt the program or establish their own equivalent program

What is the Criteria?• One or more W,R, or FTA related to a death or three or

more hospitalizations• Non-fatality/Catastrophe – with two or more W,R,FTA (in

any combination) based on High/Gravity Serious violations related to a High-Emphasis Hazard

• Hazards due to the potential release of highly hazardous chemicals (PSM) – 3 or more W,R,FTA (any combination)

• Egregious Criterion (per-instance citations)• High Emphasis Hazard? – Only H/G of specific standards

dealing with Falls or the NEPs

What’s Changing?

What’s Changing?• History Reduction – Length of OSHA

history will expand from 3 to 5 years. • Employer who has been inspected within

the previous 5 years and has no S, W, R, or FTA – Receive a 10% reduction.

What’s Changing?• History Increase – Employer that has been

cited for a H/G, W, R, or FTA within the previous 5 years…

• Will receive a 10% increase on their penalty (up to the statutory maximum).

What’s Changing?• Area Directors authorized to offer 30%

penalty reductions• Over 30% must be approved by the

Regional Administrator• Employers with 250 or fewer employees

can receive an additional 20% reduction if they commit to retaining an outside safety and health consultant

What’s Changing?• Penalties for Serious citations will increase

from a range of $1,500 - $5,000 to $3,000 - $7,000.

• Penalty will be calculated serially – will result in an increase of approximately 50%

• Size reductions restructured – from 60%(25 or less),40%(26-100) ,20%(101-250) to 40%,30%,10%.

Commentsand

Questions?