OSIOSIOSHA UpdateOSHA Update

Changes and Changes and Compliance for FY 2014Compliance for FY 2014

Kelly BubolzAppleton, Area OSHA OfficeApril 17, 2014

TopicsTopics What’s up in WashingtonWhat’s up in Washington

We’re working!!!We’re working!!! Recent NewsRecent News

Hazard Communication Hazard Communication Initiatives and Emphasis for Initiatives and Emphasis for

FY14FY14 InspectionsInspections Resources Resources

Robert Robert BonackBonack

The NEW The NEW Appleton OSHA Appleton OSHA Area DirectorArea Director

New Area Office Team New Area Office Team LeadersLeaders

Charles Shelton

Dave Schott

Injury and Illness Prevention ProgramInjury and Illness Prevention Program Confined Spaces in Construction Confined Spaces in Construction SilicaSilica PELs PELs (Permissible Exposure Limits)(Permissible Exposure Limits)

From WashingtonFrom WashingtonRegulatory AgendaRegulatory Agenda

Hot Topics from 2013

Recent News

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

GHS, the Globally GHS, the Globally Harmonized System of Harmonized System of

Classification and Labeling Classification and Labeling of Chemicals.of Chemicals.

December 1, 2013 Intro Completed

GHS Notable ChangesGHS Notable Changes

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

Written ProgramWritten Program

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

LabelsLabels

Product identifierProduct identifier Signal words Signal words Hazard Hazard

statements statements Pictograms Pictograms Precautionary Precautionary

statements statements Name, address, Name, address,

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

PictogramsPictograms

Red borders Red borders required required

No blank No blank pictograms pictograms

Safety Data SheetsSafety Data Sheets

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

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

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

Safety Data Sheet Format Safety Data Sheet Format 1. Identification of the substance or mixture and of the supplier1. Identification of the substance or mixture and of the supplier2. Hazards identification2. Hazards identification3. Composition/information on ingredients 3. Composition/information on ingredients 4. First-aid measures 4. First-aid measures 5. Fire-fighting measures5. Fire-fighting measures6. Accidental release measures6. Accidental release measures7. Handling and storage7. Handling and storage8. Exposure controls/personal protection8. Exposure controls/personal protection..9. Physical and chemical properties9. Physical and chemical properties10. Stability and reactivity10. Stability and reactivity11. Toxicological information11. Toxicological information12. Ecological information (non-mandatory)12. Ecological information (non-mandatory)13. Disposal considerations (non-mandatory)13. Disposal considerations (non-mandatory)14. Transport information (non-mandatory)14. Transport information (non-mandatory)15. Regulatory information (non-mandatory)15. Regulatory information (non-mandatory)16. Other information, including date of preparation or last revision 16. Other information, including date of preparation or last revision   

Safety Safety Data Data

Sheet Sheet ExampleExample

GHS Implementation Dates

Silica Standard Silica Standard ProposedProposed

OSHA's Notice of OSHA's Notice of Proposed Rulemaking Proposed Rulemaking (NPRM) for (NPRM) for Occupational Occupational Exposure to Exposure to Respirable Crystalline Respirable Crystalline Silica was published Silica was published in the Federal in the Federal Register on Register on September 12, 2013. September 12, 2013.

Crane StandardCrane StandardDigger Derrick Exemption Digger Derrick Exemption ExpandedExpanded

Setting Pad Setting Pad Transformers is Transformers is exemptedexempted

Telecommunication Telecommunication work exemptedwork exempted

Proposed Proposed Certification Certification Extension: May 22,2013Extension: May 22,2013 WASHINGTONWASHINGTON – The – The

Occupational Safety and Occupational Safety and Health Administration Health Administration has has announced that it will announced that it will propose to extend the propose to extend the compliance date for the compliance date for the crane operator certification crane operator certification requirement by three years requirement by three years to Nov. 10, 2017. to Nov. 10, 2017. The The proposal would also extend proposal would also extend to the same date the existing to the same date the existing phase-in requirement that phase-in requirement that employers ensure that their employers ensure that their operators are qualified to operators are qualified to operate the equipment.operate the equipment.

Emphasis Programs in WIEmphasis Programs in WIGeneral Industry for FY 2014General Industry for FY 2014

• Nursing Homes• Lead• Silica• Dairy Farms • Grain Handling• Combustible Dust• Powered Industrial Vehicles (PIVs)*• Site Specific Targeting (SST)• Chemical Plants/Process Safety• Federal Agencies High Rate of Lost Time Injuries

• Isocyanates

• Amputations • Shipbreaking• Flavorings • Primary Metals• Falls: GI & Con • Hex Chrome

* Complaint Based or Observed During an Inspection

Emphasis Programs in WIEmphasis Programs in WIConstruction for FY 2014Construction for FY 2014

• Lead• Silica•Falls•Trenching/Excavation•Hex Chrome•Isocyanate• Powered Industrial Vehicles (PIVs)*

* Complaint Based or Observed During an Inspection

2014 InitiativesHeat CampaignFalls in Construction

Plan ahead before starting each and every job.

Provide the right equipment.

Train workers to properly use equipment when on roofs, ladders, and scaffolds.

Drink water often, take breaks, and limit time in the heat to help prevent heat illness.

Educate workers on Heat Stress.

Acclimate workers to work in hot conditions.

Incentive Programs:Incentive Programs:Performance MetricsPerformance Metrics

Attitudes (set up conditions,

behavior)Program Elements

Physical conditions

Behavior (action)

- Perception surveys- Perception surveys

- Training- Accountability- Communications- Planning & Evaluation

- Roles & Procedures

- Incident Investigations

- Training- Accountability- Communications- Planning & Evaluation

- Roles & Procedures

- Incident Investigations

-Inspections-Audits _Risk assessments

-Prevention & control

-Inspections-Audits _Risk assessments

-Prevention & control

-Observations-Feedback loops

-Observations-Feedback loops

Incident or Near

Miss

- OSHA Recordables

- Lost Workdays

- Restricted Workdays

- OSHA Recordables

- Lost Workdays

- Restricted Workdays

Leading Metrics

Trailing Metrics

ORC Worldwide Metrics TaskforceORC Worldwide Metrics Taskforce

Temporary and Temporary and Vulnerable Vulnerable WorkersWorkers

“The “The Expendables”Expendables”Staffing Agencies +Staffing Agencies +

YouthYouthOlder WorkerOlder WorkerForeign BornForeign Born

Distracted DrivingDistracted Driving

Most Frequently Cited Most Frequently Cited StandardsStandards

Top 10 For 2013 Top 10 For 2013 #1#1 Fall Protection; 8,241 Fall Protection; 8,241 #2#2 Hazard communication: 6,156 Hazard communication: 6,156

(refers mainly to labeling hazard (refers mainly to labeling hazard chemicals);chemicals);

#3#3 Scaffolding: 5,423; Scaffolding: 5,423; #4#4 Respiratory protection: 3,879; Respiratory protection: 3,879; #5#5 Electrical, wiring methods: 3,452; Electrical, wiring methods: 3,452;

Most Frequently Cited Most Frequently Cited StandardsStandards

Top 10 For 2013 Top 10 For 2013 #6#6 Powered industrial trucks: 3,340; Powered industrial trucks: 3,340; #7#7 Ladders: 3,311; Ladders: 3,311; #8#8 Lockout/tagout: 3,254 (refers to Lockout/tagout: 3,254 (refers to

protecting employees from hazardous protecting employees from hazardous energy sources on machines and energy sources on machines and equipment);equipment);

#9#9 Electrical, general requirement: 2,745; Electrical, general requirement: 2,745; #10 #10 Machine guarding: 2,701Machine guarding: 2,701

Inspection Process Every establishment

covered by the OSH Act is subject to inspection by OSHA Compliance Safety and Health Officers (CSHO's)

Most inspections are conducted without advance notice

Inspection Process

CSHO displays official credentials

Opening conference

Walkaround inspection

Closing conference

Conducting the Walkaround Inspection

CSHO and accompanying CSHO and accompanying representatives (employer and representatives (employer and employee) inspect the establishment employee) inspect the establishment for potentially hazardous working for potentially hazardous working conditionsconditions

CSHO discusses possible corrective CSHO discusses possible corrective actions with the employeractions with the employer

CSHO may consult, at times CSHO may consult, at times privately, with employeesprivately, with employees

Closing ConferenceClosing Conference

Held with management (and employee representative) after the inspection.

CSHO will discuss apparent violations and ways to abate them.

Set abatement dates. Review the Employer’s Rights and

Responsibilities after an inspection. Will not discuss amount of penalties.

What happens after an What happens after an OSHA Inspection?OSHA Inspection?

OSHA may or may not issue citationsOSHA may or may not issue citations Citations inform employer and employees Citations inform employer and employees

of the regulations and standards allegedly of the regulations and standards allegedly violated and of the proposed time for violated and of the proposed time for abatement abatement

Employer must post a copy of each citation Employer must post a copy of each citation at or near place where violation occurred, at or near place where violation occurred, for 3 days or until violation is corrected, for 3 days or until violation is corrected, whichever is longerwhichever is longer

Priority Category of Inspection

1st Imminent Danger:Reasonable certainty an immediate danger exists

2nd Fatality/Catastrophe:Reported to OSHA; inspected ASAP

3rd Complaints/Referrals:Worker or worker representative can file a complaint about a safety or health hazard

4th Programmed Inspections:Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

OSHA Inspection Priorities

VIOLATION TYPE PENALTY

WILLFULA violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law.

OSHA may propose penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000 for each willful violation.

SERIOUSA violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard.

There is a mandatory penalty for serious violations which may be up to $7,000.

OTHER-THAN-SERIOUSA violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm.

OSHA may propose a penalty of up to $7,000 for each other-than-serious violation.

REPEATEDA violation that is the same or similar to a previous violation.

OSHA may propose penalties of up to $70,000 for each repeated violation.

Citations and Penalties

Eau Claire

Madison Milwaukee

Appleton

Wisconsin Compliance Assistance Specialists

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

Sources of Help OSHA CONSULTATION SERVICEOSHA CONSULTATION SERVICE

Through the free consultation service, Through the free consultation service, employers can:employers can: Find out about potential hazards at their Find out about potential hazards at their

worksites, worksites, Improve their occupational safety and health Improve their occupational safety and health

management systems, and management systems, and Perhaps qualify for a one-year exemption Perhaps qualify for a one-year exemption

from routine OSHA inspection. from routine OSHA inspection. The service is delivered by state governments The service is delivered by state governments

using well-trained professional staff. using well-trained professional staff. Primarily targeted for smaller businesses, this Primarily targeted for smaller businesses, this

safety and health consultation program is safety and health consultation program is completely separate from the OSHA completely separate from the OSHA inspection effort.inspection effort.

No citations are issued or penalties proposed. No citations are issued or penalties proposed. 800-947-0553

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