March 2011

U.S. Dept. of Labor/OSHARegion III

James Touey

Compliance Assistance Specialist

Phone# (215)597-4955

e-mail: touey.james@dol.gov

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