Transcript ABC Winter Conf 2017 - Training Services International

OSHA 2016 Review & 2017 Forecast
Presented by:
Wayne Ingram
Wayne Ingram, President
Training Services International (TSI)
[email protected]
(440) 942-1200 ext (220)
OSHA Construction Outreach Instructor
USEPA Authorized Instructor
Training Services International
(TSI) –An Environmental Health &
Safety Training company delivering
• Training
• Program development
• Inspections
• Consulting
• Program Review
www.TSItraining.com
Agenda
Gain a general understanding of:
 OSHA 2016 A look back
 Enforcement
 Rulemaking
 OSHA 2017 A look ahead
 New rules
 OSHA Local Emphasis Programs
OSHA 2016 – A look back
Total Inspections
Annual Federal Inspections
45,000
40,000
35,000
30,000
25,000
20,000
15,000
10,000
5,000
0
2010
2011
2012
2013
2014
2015
2016
Only 25%
pass with
no violation
Total Violations Issued
Annual Federal Violations
120,000
100,000
80,000
60,000
40,000
20,000
0
2010
2011
2012
2013
2014
2015
2016
OSHA Citation Structure
Characterization
Other
Serious
Willful
Repeat
Failure to abate
Old Max Penalty
$7,000
$7,000
$70,000
$70,000
$7,000 per day
New Max Penalty
$12,600
$12,600
$126,000
$126,000
$12,600 per day
Total Civil Penalties
A 78% increase
from 1990
Average Penalty Per Serious Violation
4,000
3,500
3,000
2,500
2,000
1,500
1,000
500
0
2010
2011
2012
2013
2014
2015
2016
59 cases $1M+
since 2010
Significant Cases
Total penalty >$100k
250
200
150
100
50
0
2010
2011
2012
2013
2014
2015
2016
Most Frequently Cited Serious
Violations in Construction
M
FALL PROTECTION – RESIDENTIAL CONSTRUCTION
501(b)(13)
4060
X
PORTABLE LADDERS NOT EXTENDED 3 FEET ABOVE LANDING
1053(b)(1)
1514
M
FALL PROTECTION – UNPROTECTED SIDES & EDGES
501(b)(1)
1370
M
EYE AND FACE PROTECTION
102(a)(1)
1347
E
FALL PROTECTION – TRAINING
503(a)(1)
1219
E
HEAD PROTECTION
100(a)
1183
L
451(g)(1)
L
453(b)(2)(v)
L
501(b)(10)
M
SCAFFOLDS – FALL PROTECTION
451(e)(1)
780
AERIAL LIFTS – FALL PROTECTION
764
FALL PROTECTION – ROOFING WORK ON LOW-SLOPED
711
ROOFS
SAFE ACCESS
638
SVEP Shaming
 Names of
employers posted
on web
 Embarrassing
electronic press
release
Severe Violator Enforcement Program
“Employers demonstrate indifference to their
OSH act obligations” by:
 1st Willful, repeat, or FTA related to a fatality
or catastrophe
 2nd Willful, repeat, or FTA related to a High
Emphasis Standard
 3rd Willful, repeat, or FTA related under the
PSM Standard
Letter of Interpretation 2/21/2013
 ‘Union Walkaround’ rule under 29 CFR
1903.11 allows:
 One or more employees ability to designate
‘representative(s)’ for the purposes of enforcement
inspections
 Employees at workplaces without collective
bargaining can designate union or community
organizations on their behalf
Letter of Interpretation 2/21/2013
 Currently being challenged in court
claiming:
 Violates the Administrative Procedures Act (APA)
 Violates the OSH Act of 1970 permitting a
‘nonemployee’ to accompany the compliance
officer
 Letter could be easily rescinded by the new
administration
Reporting & Anti-Retaliation Provisions
 Guidance issued on 10/19/2016 covering
 Reasonable reporting procedures
 Post-injury discipline policy
 Post-incident drug testing
 Safety incentive program
 Currently challenged
Internal Injury Reporting Policies
 Employer may be cited for ‘unreasonable’
employee reporting policy if:
 Disciplines for ‘late’ injury reporting (e.g. -24 hrs)
 Disciplines for
failure to report while incapacitated
 Disciplines for not following vague rules (e.g – work
safely)
 Discipline for violations is inconsistent.
Post-Injury Drug Testing
 Post injury drug testing ‘unreasonable’ if:
 Used as discipline for injury reporting
 Dissuades employees to report
 Prohibits ‘Blanket post-injury test’ policies
 Permits:
 Pre-employment, local law, random, DOT, WC
 Identifying impairment (e.g. – OVI)
Safety Incentive & Compensation
Programs
OSHA concerned with ‘chilling or retaliatory’
effect
 Bonus for injury rates not permissible
 Bonus for compliance permissible
OSHA 2017 A look ahead…
New OSHA Rules effective 2017
 New E-recordkeeping Data
Submission Rule
 New Injury Reporting AntiRetaliation Rule
 Lower Silica PEL/ AL
 Recordkeeping Statute of
Limitations Rule
Injury Data Electronic Submission
Annual requirement Jan 1, 2017
 Establishments w/250+ Employees
must submit:
 300 Logs
 301 Incident Reports
 300A Annual Summaries
Injury Data Electronic Submission
Annual requirement Jan 1, 2017
 Establishments w/20+
Employees in High
Hazard Industries must
submit:
 300A Annual Summaries
E-Recordkeeping Data Submission
 In July 2017 OSHA to begin
publishing employer-specific
infractions online:
 Negative effect on consumers doing
business
 Possibly limiting bidding/contracting
opportunities
 Providing adverse information to
competitors
New Silica Standard
Specified Exposure Control Methods
• Employers must comply with
all requirements (except
methods of sample analysis) by
June 23, 2017
• Compliance with methods of
sample analysis required by
June 23, 2018
New Silica Standard
 All occupational exposures to respirable
crystalline silica are covered, unless
employee exposure will remain below 25
μg/m3 as an 8-hr TWA (the Action Level)
under any foreseeable conditions.
 The PEL is 50 μg/m3 as an 8-hr TWA
New Silica Standard – 6/23/2017
• Table 1 in the construction standard
matches 18 tasks with effective dust
control methods …
• Employers that fully and properly
implement controls on Table 1 do
not have to:
o Comply with the PEL
o Conduct exposure assessments for
employees engaged in those tasks
OSHA Region V
Local Emphasis Programs
Local Emphasis Program - Ohio
Demolition & Renovation ‘Gut Rehab’ Safety &
inspections in Cleveland, Columbus, Cincinnati & Toledo
 Asbestos
 Cadmium
 Noise
 Nuisance Dust
 Lead
 Other Hazards
Directive no: CPL-04-00 (LEP011)
LEP ‘Gut Rehab’- Ohio
Demolition & Renovation Safety &
inspections in Cleveland, Columbus,
Cincinnati & Toledo
 2016 143 Inspections Region V
 No fatalities in 2016
down from 2 in 2015
and 4 in 2014
Directive no: CPL-04-00 (LEP011)
LEP ‘Gut Rehab’- Ohio
Safety & inspections initiated by
CSHO observation, building
inspectors, complaint etc.
Targeted sites: buildings with
extensive interior and/or exterior
demolition.
Directive no: CPL-04-00 (LEP011)
LEP ‘Fall Hazards in Construction’- Ohio
The purpose of this LEP is to
address serious Fall Protection
Hazards in Construction and
General Industry.
In Region V, 2012-2015 there were
131 fatalities. This LEP is designed
to increase inspection activities
and speed enforcement.
Directive no: CPL-04-00 (LEP008)
LEP ‘Fall Hazards in Construction’- Ohio
Safety & inspections initiated by
CSHO observation, complaints,
referrals from outside sources, etc.
Targeted sites: Quarterly and/or
random site selection is not
practical…Inspections normally
limited to imminent danger and/or
plain view items.
Directive no: CPL-04-00 (LEP008)
LEP ‘Fall Hazards in Construction’- Ohio
Targets activities which constitute
potential fall and no protective
system including:
steel erection, masonry,
roofing, bridge repair, water
tower, scaffolds and unsafe
portable/fixed ladder use.
Directive no: CPL-04-00 (LEP008)
LEP ‘Silica’- Ohio
To reduce occupational exposure to
respirable silica dust this LEP:
 Creates National Emphasis Program
target industry ‘master list’
 Area Directors can add
establishments based on local
knowledge
Directive no: CPL-04-00 (LEP016)
LEP ‘Silica’- Ohio




CSHO’s to request and review air
monitoring data
No or insufficient data CHSO to
don PPE assuming 10x the PEL
CHSO to conduct self sampling
Decontamination of personnel
and equipment per requirements
Directive no: CPL-04-00 (LEP016)
OSHA Resources
OSHA Cooperative Programs
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presentation go to:
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