OSHA UpdateWITC

Safety DayChanges and

Compliance for 2013

Mark Hysell, Area DirectorEau Claire Area OSHA OfficeApril 11, 2013

Topics “YOUR” OSHA Office Regulatory Agenda Emphasis Programs and

Targeting for 2013 New Regulations

Hazard Communication Inspection Data Resources You Can Use

Eau Claire Office Total of 12 Staff Members Four Safety & Two Industrial

Hygienist Compliance Assistant Specilist WB Investigator Two Support Staff Private Sector Enforcement NW

WI MN State Plan Oversight “YOUR” Resource for Safety &

Health

Injury and Illness Prevention Program Confined Space in Construction Silica Beryllium PELs (Permissible Exposure Limits) Infectious Diseases

Regulatory Agenda Hot Topics

Preliminary Rulemaking Activities

Development of the Proposed Rule

Publication of the Proposed Rule

Analysis of the Rulemaking Record

Development of the Final Rule

Publication of the Final Rule

Public

Comment

Implementation

Site visits

Stakeholder meetings

RFI or ANPR

SBREFA

The OSHA Rulemaking Process

Thirty Entries for OSHA

Find information on Planned/Proposed OSHA Initiatives

Agency Rule List - Fall 2011

Tracking OSHA Activity

Regulatory Agenda

Tracking OSHA Activity

Emphasis Programs

Target Areas that could

Generate an Inspection

Region 5 Emphasis Programs in General Industry for 2013

• Powered Industrial Vehicles (PIVs)• Lead• Silica• Site Specific Targeting (SST)• Combustible Dust• Amputations • Chemical Plants/Process Safety• Flavorings (Diacetyl, VOCs Furfural, Acetic Acid, Acetoin,)

• Primary Metals • Grain Handling• Nursing Homes• Dairy Farms (WI)• Shipbreaking

• Federal Agencies • High Rate of Lost Time Injuries

Emphasis Programs in Construction for 2013

• Falls • Trenches• Silica• Lead• PIV’s* (Powered Industrial Vehicles)

• Forklifts, Skid Steers, Earth Moving Equipment that has been modified to accept forks, such as Front End Loaders

• Building Renovation/Rehab (MKE, APL, MAD)

• Construction TargetingUTenn: Dodge Report

What Could Generate an Inspection?

* Complaint Based or Observed During an

Inspection

FY 2007 FY 2008 FY 2009 FY 2010 FY 20110

2

4

6

8

10

12

10

6

4 4

1

3

2

1

Construction

Region V’s PIV LEP Success Story:PIV Fatalities FY 2007 - FY 2011

Emphasis Programs in Development

Expanding Fall LEP to General Industry

Including Ladder Safety/Training/Outreach

Tree Trimming Demolition Work Carbon Monoxide

Fall from scaffolding

Fall through skylight

Fall from elevated lift or platform

Fall from elevation, NEC

Fall from same level

Fall from ladder

0 5 10 15 20 25 30 35

11

11

13

15

15

31

Region V Falls - FY 2007 - FY 2011

FY07 FY08 FY09 FY10 FY110

1

2

3

4

5

6

7

8

9

10

2

0

45

9

Region V Tree Trimming Fatalities (All NAICS) FY2007 - FY2011

15

Whistleblower FY 12, Region V received 521

Whistleblower complaints (20% of Nation’s total)

Recovered $3,894,007 in Damages

Reinstated 17 Complainants 345 – 11(c) cases

44 – 11(c) merit cases 6 – 11(c) Complainants reinstated

$249,371 – wages recovered for Complainants under 11(c)

OSHA directive

(Workplace Violence)

Inspections will be conducted if:

• Workplace violence results in a worker fatality or three or more hospitalizations.

• An employee files a workplace violence complaint.

• The company is in an industry with known risk factors for workplace violence.

Recent News

HazCom 2012 On March 26, 2012 OSHA adopted a large portion of

GHS, the Globally Harmonized System of

Classification and Labeling of Chemicals.

GHS Notable Changes

Primary Changes in HazCom1. Container Labeling2. Material Safety Data Sheets3. Employee Training

Written Program

OSHA did not modify the written hazard communication requirements except for minor terminology edits.

Labels

Product identifier

Signal words Hazard

statements Pictograms Precautionary

statements Name,

address, and telephone number of the chemical manufacturer, importer, or other responsible party

Harmonized Information

“Pictogram” means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category.

Pictograms

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Pictograms

Red borders required

No blank pictograms

Safety Data Sheets

16-section safety data sheet (SDS) Several sections will not be mandatory

since they address information outside OSHA’s jurisdiction (Sections 12-15)

A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section

Safety Data Sheet Format 1. Identification of the substance or mixture and of the

supplier2. Hazards identification3. Composition/information on ingredients 4. First-aid measures 5. Fire-fighting measures6. Accidental release measures7. Handling and storage8. Exposure controls/personal protection.9. Physical and chemical properties10. Stability and reactivity11. Toxicological information12. Ecological information (non-mandatory)13. Disposal considerations (non-mandatory)14. Transport information (non-mandatory)15. Regulatory information (non-mandatory)16. Other information, including date of preparation or

last revision  

Safety Data

Sheet Example

GHS Implementation Dates

Trends regarding OSHA Enforcement Initiatives

In 2010, OSHA implemented a new penalty guidelines

The average proposed penalty for “serious” violations more than doubled in 2011.

OSHA will be more aggressively issuing “repeat” citations, since the time constraint qualifying repeat violations has increased from 3 to 5 years.

29

FY08 FY09 FY10 FY11 FY12$0

$500

$1,000

$1,500

$2,000

$2,500

$998 $970 $1,053

$2,006

$2,237

FY 2008 – FY 2012 NationwideAverage Penalty

Per Serious Violation

30

Inspections Conducted (Federal)FY 2008 – FY 2012

FY08 FY09 FY10 FY11 FY1238,000

39,500

41,000

38,66739,004

40,993

40,488

40,769

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Region V FY-2012 Inspection Data

7,332 total inspections 3,630 of which were construction 1,516 were health inspections

Wisconsin inspection in FY 2012 1,586 total inspections 719 were construction 304 were health inspections

32

Significant Enforcement Actions Region V – FY 2012

56 significant and novel cases issued Ohio – 24 issued Illinois – 17 issued Wisconsin – 13 issued Indiana - 1 Michigan - 1

33

>1 W, R or FTA based on a serious violation related to a death of an employee or three or more hospitalizations

>2 W, R or FTA based on high gravity serious violations related to a High-Emphasis Hazard*

>3 W, R or FTA based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard

Any Egregious Enforcement Action (including recordkeeping)

FATALITY

NON-FATALI

TYNON-FATALITY

Hazards Due to the Potential Release of a

Highly Hazardous Chemical (PSM)

EGREGIOUS

Severe Violator Enforcement Program

(SVEP) Criteria

Top 10 Most Cited StandardsGeneral Industry - FY 2012

1. Hazard Communication

2. Respiratory Protection

3. Lockout/Tagout

4. Electrical, Wiring Methods

5. Powered Industrial Trucks

6. Electrical, General Requirements

7. Machine Guarding

8. Recordkeeping9. Personal

Protective Equipment

10. Mechanical Power Transmission Apparatus

Top 10 Most Cited StandardsConstruction Industry - FY

2012

1. Scaffolding2. Fall

Protection3. Ladders4. Fall

Protection, Training Requirements

5. Hazard Communication

6. Head Protection

7. General Safety & Health Provisions

8. Aerial Lifts9. Eye & Face

Protection10. Specific

Excavation Requirements

36

Region V - Most Frequently Cited Violations

1. Machine Guarding, (general)

2. Hazard Communication(Program)

3. Hazard Communication (Training)

4. Powered Industrial Trucks (Training)

5. Machine Guarding (Point of Operation)

6. LOTO - Procedures7. LOTO - Program8. LOTO - Periodic

inspections9. Powered Industrial Trucks,

(Retraining)10. Fall Protection

(Guardrails)

1. Fall Protection (Residential)

2. Fall Protection (Training)3. Ladders (Positioning)4. Fall Protection

(Guardrails)5. Safety program

(Inspections)6. Safety program7. Fall Protection (Res

Roofing)8. Eye & Face Protection9. Head Protection10. Scaffolds (Fall Protection)

ConstructionGeneral Industry

37

Cooperative & State Programs

Cooperative Programs: Consultation Program

Free Service Voluntary Protection Program – VPP

326 Participants Partnerships

14 Active Partnerships Alliances

13 Active Alliances

38

Cooperative & State Programs

New Training Grants - Areas of Emphasis:

Grain Dairy Agricultural Noise and Hearing Conservation Vulnerable Workers

2012 Major Outreach Campaigns

Heat Stress

Falls

39

Safety and Health Resources

                                     

              Compliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA’s website. Quick Start currently includes modules for: General Industry Construction Health Care Hispanic Outreach By following the step-by-step guides, you can generate an initial set of compliance assistance materials tailored to your workplace

Web Page Assistance

Wisconsin OSHA Safety Newsletter

• Construction and General

Industry• Published 3-4 times

each year• Focuses on

upcoming and hot topics

• Provides Regional fatality data

and most frequently cited issues

New Outreach Pubs OSHA at a Glance Noise in

Construction Hazards of Hair

Smoothing Products

Respirator Small Entity Compliance Guide

All About OSHA

Provided at no cost to employers

Developed for smaller employers with more hazardous operations

Delivered by WisCon or the State Laboratory of Hygiene

No penalties are proposed or citations issued

Possible violations of OSHA standards are not reported to OSHA enforcement staff unless employer fails to eliminate or control any serious hazard or imminent danger

Eau Claire

Madison Milwaukee

Appleton

Wisconsin Compliance Assistance Specialists (CAS)

Kelly Bubolz Leslie PtakU. S. Dept. of Labor - OSHA U. S. Dept. of Labor -

OSHA1648 Tri Park Way 4802 E. BroadwayAppleton, WI 54914 Madison, WI 53716(920) 734-4521 (608) 441-5388

Mary Bauer Jim LutzU. S. Dept. Of Labor - OSHA U. S. Dept. of Labor -

OSHA1310 W. Clairemont Ave 310 W. Wisconsin AveEau Claire, WI 54701 Milwaukee, WI 53203(715) 832-9019 (414) 297-3315

Questions