2012 OSHA Webinar Series: What You Should Know and What to Expect

February 29, 2012 | 11:00 AM EST / 8:00 AM PST

Tiffani Hiudt Casey Fisher & Phillips LLPGuest Speaker

Chris ManaroVivid Learning SystemsHost

Host

OSHA 2012: What You Should Know and What to Expect

Chris ManaroSr. Account ExecutiveVivid Learning Systems

Over 17 years experience in corporate learning and development, including content, SaaS and client hosted Learning Management Systems

Housekeeping Items

RecordingA recording of this presentation will be made available via email.

Presentation A link to a PDF of the slide presentation will be made

available via email.

Twitter Please reference the hash tag, #VLSchat, when tweeting

about this webinar.

OSHA 2012: What You Should Know and What to Expect

OSHA 2012: What You Should Know and What to Expect

Employer Branding

Course Branding & Tailoring

300+ Compliance Course Library

Custom Course Development

Learning Program Development & Management

Professional Services

Learning Strategy & Evaluation

Brand Development

Guest Speaker

Tiffani Hiudt CaseyAssociate

Tiffani advises employers in OSHA recordkeeping, hazard assessment and self-audits, corporate-wide safety compliance, maintaining effective safety training and safety management programs, disciplining unsafe employees, inspection preparedness, workplace violence prevention, and health and wellness initiatives.

OSHA 2012: What You Should Know and What to Expect

Money Talks

Budget Requests vs. Approval Additional employees More Enforcement Severe Violators Emphasis New Emphasis Programs State Reviews IP2P

Specific Prohibitions – no MSDS column

OSHA 2012: What You Should Know and What to Expect

OSHA Unified Agendas

Spring 2011 Agenda I2P2 Silica PELs GHS

Fall 2011 Agenda Combustible dust – “Long-Term Actions” MSDS – “Long-Term Actions”

OSHA 2012: What You Should Know and What to Expect

Hazard Communication - GHS

Global Harmonization System MSDA – new name, format, more

requirements Change in hazard severity identification Labeling changes

OSHA 2012: What You Should Know and What to Expect

Proposed Changes to Illness/Injury Report

On June 22, 2011 OSHA proposed to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. See 76 FR 36414.

The National Automobile Dealers Association requested this extension to provide them more time to evaluate the Bureau of Labor Statistics injury and illness data used for the proposed industry exemption analysis

OSHA 2012: What You Should Know and What to Expect

Proposed Changes to Illness/Injury Report

Proposes to replace list of SIC (Standard Industry Codes) with more updated NAICS (North American Industry Classification System

Based on more recent statistics of injury Some industries come off the list Some industries added to the list

OSHA 2012: What You Should Know and What to Expect

Proposed Changes to Illness/Injury Report

Industries that include establishments that would be newly required to keep records

Automobile dealers (23,251) Specialty Food Stores (7,339) Beer, Wine and Liquor Stores (6,109) Museums, Historical Sites, and Similar Institutions (1,610) Other Amusements and Recreations (2,912) Consumer Goods Rentals (14,186) Special Food Services (22,379) Building Materials and Supplies Dealers (21,310)

OSHA 2012: What You Should Know and What to Expect

Proposed Changes to Illness/Injury Report

Industries that include establishments that would be newly partially exempt from keeping records

Electronics and Appliances Stores Sound Recording Industries Advertising and Related Services Rooming and Boarding Houses Death Care Services

OSHA 2012: What You Should Know and What to Expect

Proposed Changes to Illness/Injury Report

Proposes to change self-reporting requirements Current Requirements: Report within 8 hours all fatality or

catastrophe (3 or more in-patient hospitalizations) Proposed Requirements: Report within 8 hours all fatalities

and all in-patient hospitalizations AND within 24 hours all amputations.

OSHA 2012: What You Should Know and What to Expect

Proposed Changes to Illness/Injury Report

Proposes an updated and modernized reporting system To enable a more efficient and timely collection of data Electronic format Increase public ability to access data

OSHA 2012: What You Should Know and What to Expect

Whistleblower Updates

Significant Changes:

Internal Restructuring Training Updated Policies and Procedures – Whistleblower

Investigation Manual Data Collection System Improvements

OSHA 2012: What You Should Know and What to Expect

Whistleblower Updates

OSHA 2012

Key changes to the manual include:

A requirement that investigators make every attempt to interview the complainant in all cases.

Clarification that whistleblower complaints under any statute may be filed orally or in writing, and in any language, and that OSHA will be accepting electronically-filed complaints

Additional clarifications of the investigative process including method and recording of interviews, and processing of dually-filed 11(c) complaints in state plan states.

New chapters for processing complaints filed under acts other than OSHA

Expanded guidance on dealing with uncooperative respondents and issuing administrative subpoenas during whistleblower investigations.

Injury and Illness Prevention Programs

P3 Initiative Would require planning, implementing, evaluating and improving processes and activities

Find and Fix Hazards Would build on voluntary safety and health management program guidelines currently in existence

OSHA 2012: What You Should Know and What to Expect

2011 Top Ten Citations

1. Fall protection 7,139 violations. "Falls continue to be the leading cause of fatalities in construction”

2. Scaffolding 7,069 violations. In 2010, 37 workers died from scaffolding- related incidents.

3. Hazard communication 6,538 violations.

4. Respiratory protection 3,944 violations.

5. Lockout/tagout 3,639 violations

OSHA 2012: What You Should Know and What to Expect

2011 Top Ten Citations - Continued

6. Electrical (wiring methods) 3,584 violations

7. Powered industrial trucks 3,432 violations

8. Ladders 3,244 violations.

9. Electrical (general requirements) 2,863 violations. According to 2009 BLS data, 1,600 nonfatal injuries were attributed to electrical shock.

10. Machine guarding 2,728 violations, in 2010, 90 workers were killed in machinery. In 2009, 5,930 occupational amputations were reported.

OSHA 2012: What You Should Know and What to Expect

Action Plan

Be cognizant of OSHA’s agenda Watch out for more updates Be prepared for changes – who will be

responsible, how will you train Learn how to find and fix – audit and

inspect Strengthen employee relations to avoid

complaints

OSHA 2012: What You Should Know and What to Expect

Resources OSHA Fall 2011 Agenda http://tinyurl.com/73y2z3w OSHA Global Harmonization System

http://www.osha.gov/dsg/hazcom/global.html GHS Guide http://www.osha.gov/dsg/hazcom/ghs.html OSHA Newsletter – Quick Takes

http://www.osha.gov/as/opa/quicktakes/index.html OSHA News Alerts http://www.osha.gov/newsrelease.html Fisher & Phillips legal alerts. If you wish to receive our Legal Alerts via email,

contact fp@laborlawyers.com. Go to www.laborlawyers.com for more information.

Sample Safety Alerts: January 19, 2012

2011 OSHA Recordkeeping Annual Summary Must Be Posted By February 1, 2012

January 17, 2012 OSHA Announces New Focus Areas

December 16, 2011 DOT Restricts Mobile Phone Use Effective January 2012

OSHA 2012: What You Should Know and What to Expect

Questions & Answers

OSHA 2012: What You Should Know and What to Expect

How to submit questions: Submit questions using the chat box located on the

bottom right-hand side of you screen

Submit questions via Twitter by referencing the hash tag: #VLSchat, when tweeting about this webinar

Additional questions for Tiffani can be submitted after the webinar by contacting Chris Manaro at: cmanaro@learnatvivid.com

Thank you for yourparticipation!

Additional Questions?Contact Chris Manarocmanaro@learnatvivid.comVivid Learning Systems1-800-956-0333