OSHA Update: Regulatory Climate andTargeted Inspection Programs

Presented by:

Todd A. Allshouse, CIH, CSP

Director, H&S Services

Compliance Management International

Regulatory Climate

Targeted Inspection Programs

Regulatory Priorities

Questions/Discussion

OSHA Update: Regulatory Climate and Targeted Inspection Programs

OSHA Regulatory Climate

“Boots on the Ground”– Hiring of new compliance officers

– Existing compliance officers directed toward inspections

Penalties for serious violations have more than doubled

15% increase in total violations– 22% increase in Serious Violations

– 279% increase in Willful Violations

Expanded use of repeat violations– Increased look-back period

– Previous violations cover any other site in US

Less willingness to negotiate– Less discretion in reducing penalties

– Increased litigation costs

Focus on agency referrals

Increased scrutiny of recordkeeping and reporting

OSHA Regulatory Climate

NAICS Sector 4247Inspection Data (10/13 – 9/14)

Petroleum and Petroleum Products Merchant Wholesalers

Drivers for Inspections (Approximate)– Planned/Programmed Inspections: 38%

– Complaints: 27%

– Referral: 17%

– Accidents: 6%

– All others: 12%

4.8 Violations/Inspection

$1,500/Violation in 2014

Frequently Cited Standards

1. (Tie) 1910, Subpart H, Hazardous Materials (Flammable Liquids and Compressed Gases)

1. (Tie) 1910, Subpart I, PPE (Including Respiratory Protection)

3. 1910.119, Process Safety Management

4. 1910.141/142, Sanitation/Temporary Labor Camps

5. 1910.1028, Benzene

NAICS Sector 4247Inspection Data (10/13 – 9/14)

Frequently Cited Standards

6. 1910.147, The Control of Hazardous Energy (Lockout/Tagout)

7. 1910.1200, Hazard Communication

8. 1910.146, Permit-Required Confined Spaces

9. 1910.157, Portable Fire Extinguishers

10. 1910.176/178, Material Handling and Powered Industrial Trucks

NAICS Sector 4247Inspection Data (10/13 – 9/14)

OSHA’s Targeted Inspection Programs

Site-Specific Targeting (SST)

National Emphasis Programs (NEPs)

Local Emphasis Programs (LEPs)

Site-Specific Targeting (SST)

OSHA’s main programmed inspection plan for non-construction workplaces with 20 or more employees

Focuses enforcement efforts on worksites with highest injury/illness rates

Current SST initiative– Based on 2011 injury/illness data collected in 2012 OSHA Data

Initiative (ODI)

– Separate target lists for manufacturing, non-manufacturing, and healthcare

Site-Specific Targeting (SST)

Based on injury rates (per 100 employees)– Days Away from Work, Restricted, Transferred (DART)

– Days Away from Work Injury or Illness (DAFWII)

For non-manufacturing sectors:– Primary list: DART >15.0 or DAFWII >14.0

– Secondary list: DART >7.0 or DAFWII >5.0

Some non-respondents included on lists

For companies with multiple establishments on list, sites with higher rates will be given priority

National Emphasis Programs (NEPs)

Amputations– Addresses machine guarding and lockout/tagout as primary causes

of amputations

– Targets workplaces using equipment that are capable of causing amputations

PSM Covered Facilities– Targets facilities that exceed threshold quantities of highly

hazardous chemicals according to 1910.119

– Workplaces identified through:

Facilities submitting EPA Risk Management Plans (RMPs)

OSHA databases

Local knowledge

National Emphasis Programs (NEPs)

Health Hazards– Silica

– Lead

– Isocyanates

– Hexavalent Chromium (Cr VI)

Trenching and Excavation– OSHA is targeting worksites where trenching and excavation are

being performed

Local Emphasis Programs (LEPs)

Address hazards or industries that pose a particular risk to workers in a region or local area

Region III (PA, DE, MD, VA, WV, DC)

– Crystalline Silica (Region-Wide)

– Oil and Gas Service Industry (Harrisburg, Wilkes-Barre)

– High Noise Levels (Region-Wide)

– Falls in Construction (Region-Wide)

New Regulations:Hazard Communication Standard

Hazard Communication and Global Harmonization System (GHS) adopted in 2012

– Changes criteria for classifying chemical hazards

– Revised labeling and safety data sheets (SDS)

– Phased implementation

December 2013 – Employee training on labeling and SDS

2015 – Manufacturers to comply with requirements

June 2016 – Users to comply with requirements

– Until phase-in ends, employers can comply with old requirements

New Regulations:Recordkeeping and Injury Reporting

New requirements as of 1/1/2015

List of exempt industries is updated

Change of requirements for reporting injuries

– Any fatality must be reported within 8 hours

– Serious injuries must be reported within 24 hours Hospitalization of one or more employee

Amputation

Eye loss

Temporary Worker Initiative (TWI)

For temporary workers, there is a joint responsibility for worker safety

– Staffing agency

– Host employer

If the host employer provides day-to-day supervision:– Temporary workers are reported on host 300 Log

– Host employer must provide hazard-specific training

Must maintain communication between staffing agency and host employer

OSHA’s Regulatory Priorities (Near Term)

Walking / Working Surfaces - Subparts D & I

– Proposed update to the standards covering slip, trip and fall hazards and requirements for personal fall protection systems

– Affects almost every non-construction worker and addresses new technologies

OSHA’s Regulatory Priorities (Near Term)

Recordkeeping

– Electronic submission of injury/illness data

– Increased enforcement and elimination of 6-month statute of limitations for past recordkeeping violations

OSHA’s Regulatory Priorities (Long Term)

Process Safety Management

– Updates to PSM regulations

Chemical Management and PELs

– Updates to outdated Permissible Exposure Limits (PELs)

Confined Spaces in Construction

– New confined space requirements for construction

Personal Protective Equipment

– Changes to eye/face protection and respirator fit testing

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www.complianceplace.com

TAllshouse@complianceplace.com

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