ABA – 2012 Enforcement Update Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational...

ABA – 2012Enforcement Update

ABA – 2012Enforcement Update

Richard E. Fairfax, CIHDeputy Assistant Secretary

Occupational Safety and Health Administration

Richard E. Fairfax, CIHDeputy Assistant Secretary

Occupational Safety and Health Administration

Discussion PointsDiscussion Points

Data ChartsTop ten seriesComplaintsSVEPNEPsOSHA Campaigns

Data ChartsTop ten seriesComplaintsSVEPNEPsOSHA Campaigns

FY 2011 End of YearFederal OSHA

Inspection Data

FY 2007 – FY 2011Inspections Conducted

FY 2007 – FY 2011Inspections Conducted

39,324 38,667 39,004 40,993 40,648

0

10,000

20,000

30,000

40,000

50,000

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Programmed vs. %

Unprogrammed

FY 2007 – FY 2011% Programmed vs. %

Unprogrammed

59%

41%

60%

40%

62%

38%

60%

40%

58%

42%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

Programmed Unprogrammed

FY 2007 – FY 2011% Complaint Inspections

FY 2007 – FY 2011% Complaint Inspections

18% 17% 17% 20% 21%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Follow-Up Inspections

FY 2007 – FY 2011% Follow-Up Inspections

2% 2%3% 3% 3%

0%

5%

10%

15%

20%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Inspections In-Compliance

FY 2007 – FY 2011% Inspections In-Compliance

26% 23% 25% 23% 24%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011Total Violations Issued

FY 2007 – FY 2011Total Violations Issued

88,846 87,210 87,66396,742 91,265

0

20,000

40,000

60,000

80,000

100,000

120,000

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Total Violations Issued As

Serious

FY 2007 – FY 2011% Total Violations Issued As

Serious

76% 77% 77% 77% 73%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Total Violations Issued As

Serious, Willful, & Repeat

FY 2007 – FY 2011% Total Violations Issued As

Serious, Willful, & Repeat

79% 81% 81% 82% 78%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% NIC Inspections With Only

Other-Than-Serious Violations Cited

FY 2007 – FY 2011% NIC Inspections With Only

Other-Than-Serious Violations Cited

11% 10% 10% 10% 11%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011Average Penalty Per Serious

Violation

FY 2007 – FY 2011Average Penalty Per Serious

Violation

$918 $998 $970 $1,053

$2,133

$0

$400

$800

$1,200

$1,600

$2,000

$2,400

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Inspections With Violations

Contested

FY 2007 – FY 2011% Inspections With Violations

Contested

7% 7% 7% 8% 8%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011% Construction Inspections

FY 2007 – FY 2011% Construction Inspections

59% 60% 61% 60% 56%

0%

20%

40%

60%

80%

100%

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011Significant Cases

FY 2007 – FY 2011Significant Cases

107121 120

164

215

0

50

100

150

200

250

FY07 FY08 FY09 FY10 FY11

FY 2007 – FY 2011Fatality Investigations

FY 2007 – FY 2011Fatality Investigations

1,043936

797 804 738

0

250

500

750

1,000

1,250

FY07 FY08 FY09 FY10 FY11

FY 2011Top 10 Most Cited Standards

(General Industry)

FY 2011Top 10 Most Cited Standards

(General Industry)1. Hazard

Communication2. Lockout/Tagout3. Electrical, Wiring

Methods4. Powered

Industrial Trucks5. Respiratory

Protection

1. Hazard Communication

2. Lockout/Tagout3. Electrical, Wiring

Methods4. Powered

Industrial Trucks5. Respiratory

Protection

6. Electrical, General Requirements

7. Machine Guarding8. Personal

Protective Equipment

9. Recordkeeping, Forms

10.Mechanical Power Transmission Apparatus

6. Electrical, General Requirements

7. Machine Guarding8. Personal

Protective Equipment

9. Recordkeeping, Forms

10.Mechanical Power Transmission Apparatus

FY 2011 Top 10 Most Cited Standards

(Construction Industry)

FY 2011 Top 10 Most Cited Standards

(Construction Industry)1. Scaffolding2. Fall Protection3. Ladders4. Fall Protection,

Training Requirements

5. Hazard Communication

1. Scaffolding2. Fall Protection3. Ladders4. Fall Protection,

Training Requirements

5. Hazard Communication

6. Head Protection7. General Safety &

Health Provisions8. Aerial Lifts9. Eye & Face

Protection10. Specific

Excavation Requirements

6. Head Protection7. General Safety &

Health Provisions8. Aerial Lifts9. Eye & Face

Protection10. Specific

Excavation Requirements

FY 2011 – Top 10 Serious Violations

FY 2011 – Top 10 Serious Violations

1. Scaffolding2. Fall Protection3. Hazard

Communication4. Lockout/Tagout5. Electrical, Wiring

Methods

1. Scaffolding2. Fall Protection3. Hazard

Communication4. Lockout/Tagout5. Electrical, Wiring

Methods

6. Ladders7. Powered

Industrial Trucks8. Machine

Guarding9. Respiratory

Protection10.Electrical,

General Requirements

6. Ladders7. Powered

Industrial Trucks8. Machine

Guarding9. Respiratory

Protection10.Electrical,

General Requirements

FY 2011 – Top 10 Willful Violations

FY 2011 – Top 10 Willful Violations

1. Excavation, Protective Systems

2. Fall Protection3. Grain Handling

Facilities4. Process Safety

Management5. Asbestos

1. Excavation, Protective Systems

2. Fall Protection3. Grain Handling

Facilities4. Process Safety

Management5. Asbestos

6. Recordkeeping, General Recording Criteria

7. Lockout/Tagout8. Safeguards for

Personnel Protection

9. Lead10.Recordkeeping,

Recording Criteria

6. Recordkeeping, General Recording Criteria

7. Lockout/Tagout8. Safeguards for

Personnel Protection

9. Lead10.Recordkeeping,

Recording Criteria

FY 2011 – Top 10 PSM Violations

FY 2011 – Top 10 PSM Violations

1. 1910.119 J – Mechanical Integrity

2. 1910.119 D – Process Safety Information

3. 1910.119 F – Operating Procedures

4. 1910.119 E – Process Hazards Analysis

5. 1910.119 L – Management of Change

1. 1910.119 J – Mechanical Integrity

2. 1910.119 D – Process Safety Information

3. 1910.119 F – Operating Procedures

4. 1910.119 E – Process Hazards Analysis

5. 1910.119 L – Management of Change

6. 1910.119 G – Training7. 1910.119 O –

Compliance Audits8. 1910.119 H –

Contractors9. 1910.119 I – Pre-

Startup Review10. 1910.119 M –

Incident Investigation

6. 1910.119 G – Training7. 1910.119 O –

Compliance Audits8. 1910.119 H –

Contractors9. 1910.119 I – Pre-

Startup Review10. 1910.119 M –

Incident Investigation

FY 2011 Complaint Inspection Data

FY 2011 Complaint Inspection Data

Total complaints received – 24,959 Total complaint inspections conducted –

8,760Percent Serious – 68%Percent SWR & FTA – 72%Violations per inspection – 3.7Average current penalty per serious

violation - $2,001

Total complaints received – 24,959 Total complaint inspections conducted –

8,760Percent Serious – 68%Percent SWR & FTA – 72%Violations per inspection – 3.7Average current penalty per serious

violation - $2,001

FY 2011 Top 10 Most Cited Standards for Complaint

Inspections

FY 2011 Top 10 Most Cited Standards for Complaint

Inspections Hazard Communication Powered Industrial Trucks Respiratory Protection Electrical – Wiring Methods Lockout/Tagout Electrical – Systems Design Personal Protective Equipment Machine Guarding Recordkeeping – Forms Bloodborne Pathogens

Hazard Communication Powered Industrial Trucks Respiratory Protection Electrical – Wiring Methods Lockout/Tagout Electrical – Systems Design Personal Protective Equipment Machine Guarding Recordkeeping – Forms Bloodborne Pathogens

Amputations NEP – FY 2011

Amputations NEP – FY 2011

Top 10 Most cited standardsLOTOMachine guardingElectrical wiring methodsMechanical power transmissionPowered industrial trucksElectrical – general requirementsHazard communicationAbrasive wheel machineryWoodworking machinery requirementsMechanical power presses

Top 10 Most cited standardsLOTOMachine guardingElectrical wiring methodsMechanical power transmissionPowered industrial trucksElectrical – general requirementsHazard communicationAbrasive wheel machineryWoodworking machinery requirementsMechanical power presses

Combustible Dust NEP – FY 2011

Combustible Dust NEP – FY 2011

Top 10 standards citedHazard communicationRespiratory protectionHousekeepingElectrical wiring methodsLOTOElectrical wiring methodsMachine guardingGeneral duty clause (Section 5(a)(1))Powered industrial trucksGeneral requirements for all machines

Top 10 standards citedHazard communicationRespiratory protectionHousekeepingElectrical wiring methodsLOTOElectrical wiring methodsMachine guardingGeneral duty clause (Section 5(a)(1))Powered industrial trucksGeneral requirements for all machines

SVEPSVEP

As of January 31, 2012, DEP has logged:

242 SVEP cases 50 (21%) SVEP cases are fatalities 27 (11%) cases are egregious, 4 of which were also

fatalities 168 (69%) cases are Non-fatality/Catastrophe Criterion

Related to a High-Emphasis Hazard 1 case is PSM-related Non-fatality/Catastrophe

148 (61 %) of the 242 SVEP cases are in construction 16 (11%) of the 148 SVEP construction cases are

fatalities

As of January 31, 2012, DEP has logged:

242 SVEP cases 50 (21%) SVEP cases are fatalities 27 (11%) cases are egregious, 4 of which were also

fatalities 168 (69%) cases are Non-fatality/Catastrophe Criterion

Related to a High-Emphasis Hazard 1 case is PSM-related Non-fatality/Catastrophe

148 (61 %) of the 242 SVEP cases are in construction 16 (11%) of the 148 SVEP construction cases are

fatalities

SVEPSVEP 22 enhanced settlement agreements

24 company headquarters sent copies of citations and/or notified

1 Section 11(b) case referred to SOL or filed with the courts

Size of Employers (based on # EEs controlled) 131 employers had 1-25 employees (54% of the SVEPs) 52 employers had 26-100 employees (21% of the SVEPs) 21 employers had 101-250 employees (9% of the SVEPs) 38 employers had 251 employees or greater (16% of the

SVEPs)

22 enhanced settlement agreements

24 company headquarters sent copies of citations and/or notified

1 Section 11(b) case referred to SOL or filed with the courts

Size of Employers (based on # EEs controlled) 131 employers had 1-25 employees (54% of the SVEPs) 52 employers had 26-100 employees (21% of the SVEPs) 21 employers had 101-250 employees (9% of the SVEPs) 38 employers had 251 employees or greater (16% of the

SVEPs)

OSHA NEPs in Place (12)OSHA NEPs in Place (12)

Combustible DustRecordkeepingShipbreakingMicrowave popcornCrystalline silicaAmputations

Combustible DustRecordkeepingShipbreakingMicrowave popcornCrystalline silicaAmputations

OSHA NEPs in Place (12)OSHA NEPs in Place (12)

TrenchingFood flavorings – diacetylHexavalent chromiumPrimary metalsLeadChemical facilities

TrenchingFood flavorings – diacetylHexavalent chromiumPrimary metalsLeadChemical facilities

NEPs Under DevelopmentNEPs Under Development

Nursing HomesIsocyanates

Note: There are approximately 150 LEPs in place

Nursing HomesIsocyanates

Note: There are approximately 150 LEPs in place

OSHA CampaignsOSHA Campaigns

Fall Protection

Heat

Public Sector Workers

Fall Protection

Heat

Public Sector Workers

Questions and Discussion

SOL Update and Comments

SOL Update and Comments

Mary Anne GarveyOffice of the Solicitor

Region VU. S. Department of Labor

Mary Anne GarveyOffice of the Solicitor

Region VU. S. Department of Labor

Other Appropriate ReliefOther Appropriate Relief

Tampa EnterprisesAffirm Citation and penaltiesBased upon failure to comply – other

appropriate relief:

Provide monthly report for 2 years of all job sites and dates of work at those sites

Annual training to workers of scaffolding standards – provide training documentation to OSHA

Tampa EnterprisesAffirm Citation and penaltiesBased upon failure to comply – other

appropriate relief:

Provide monthly report for 2 years of all job sites and dates of work at those sites

Annual training to workers of scaffolding standards – provide training documentation to OSHA

Other Appropriate ReliefOther Appropriate Relief

Tampa EnterprisesBased upon failure to comply – other

appropriate relief:

Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years

Implementation of a safety and health management system

Tampa EnterprisesBased upon failure to comply – other

appropriate relief:

Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years

Implementation of a safety and health management system

Other Appropriate ReliefOther Appropriate Relief

Republic Engineered ProductsBased upon failure to comply – other

appropriate relief:

Affirmation of citation and penaltyHire a S & H Consultant to conduct

corporate-wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program

Republic Engineered ProductsBased upon failure to comply – other

appropriate relief:

Affirmation of citation and penaltyHire a S & H Consultant to conduct

corporate-wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program

Other Appropriate ReliefOther Appropriate Relief

Republic Engineered ProductsBased upon failure to comply – other

appropriate relief:

Company to increase union participation in all aspects of their safety and health program

Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program

Republic Engineered ProductsBased upon failure to comply – other

appropriate relief:

Company to increase union participation in all aspects of their safety and health program

Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program