OSHA Enforcement Update American Society of Safety Engineers Washington, D.C. March 24, 2011

1. OSHA Enforcement UpdateAmerican Society of Safety Engineers Washington, D.C. March 24, 2011 Thomas Galassi, CIH Director of Enforcement Programs USDOL - OSHA

2. OSHA at 40 • Occupational Safety and Health Act of 1970 • Signed into law by President Richard Nixon on Dec. 29, 1970 • OSHA was established in 1971. • Since then, fatality and injury rates have dropped markedly. • Fatalities: in 1970, around 14,000 workers were killed on the job → in 2009, fell to approximately 4,340 • Injury Rates: in 1972, the rate of reported serious workplace injuries and illnesses was 11/100 workers in 1972 → in 2009, declined to 3.6/100

3. OSHA Enforcement Update Overview • National Emphasis Programs • Local Emphasis Programs • Severe Violator Enforcement Program (SVEP) • FY 2011 Egregious Cases • Grain Handling • Occupational Noise • Green Jobs

4. National Emphasis ProgramsFY 2011 • Hexavalent Chromium (February 23, 2010) • 187 inspections conducted, 79 of which had violations cited • Average Violations Cited per Initial Inspection: 3.6 • Lead(August 14, 2008) • 208 inspections conducted, 91 of which had violations cited • Average Violations Cited per Initial Inspection: 4.3 • Combustible Dust(Reissued March 11, 2008) • 219 inspections conducted, 93 of which had violations cited • Average Violations Cited per Initial Inspection: 3.7 • Crystalline Silica(January 24, 2008) • 247 inspections conducted, 116 of which had violations cited • Average Violations Cited per Initial Inspection: 3.8

5. National Emphasis ProgramsFY 2011 • Injury and Illness Recordkeeping(February 19, 2010) • 75 inspections conducted, 14 of which had violations cited • Average Violations Cited per Initial Inspection: 4.1 • Amputations(October 27, 2006) • 1,425 inspections conducted, 762 of which had violations cited • Average Violations Cited per Initial Inspection: 3.6 • Trenching(September 9, 1985) • 628 inspections conducted, 337 of which had violations cited • Average Violations Cited per Initial Inspection: 2.4

6. National Emphasis Programs • Chemical Facilities (July 27, 2009) • 151 inspections opened, 66 issued citations, 30 closed without citations • Average 9.0 citations per inspection • Average $25,129 penalties per inspection • Refineries (June 7, 2007) • OSHA has opened 59/62 refinery inspections (refineries (SIC 2911) under federal jurisdiction that are not VPP). • Average 17 violations per inspection • Average $166,000 penalties per inspection • Refinery/Chemical Facility Inspections are Resource Intensive • Average REFINERY inspection takes about 1000 hours • Average CHEM inspection takes 134 hours

7. OSHA National Emphasis Programs Under Development • Primary Metals • PSM Covered Chemical Facilities • Nursing Homes & Residential Care Facilities • Focus hazards: • Ergonomic stressors related to resident handling • Bloodborne pathogens • Tuberculosis exposures • Slips, trips and falls • Isocyanates

8. OSHA Local Emphasis Programs • There are approximately 145 Local Emphasis Programs (LEPs) nationwide. • LEPs are developed by regional and area offices to address specific hazards in their geographic locations. • Region I • Stone Slabs and Stone Products • Tunneling and Underground Construction • Region III • Ship/Boat Building and Repair • Ambulance Services Industry • Region VI • Demolition Activities • Landscape and Horticultural Activities

9. Severe Violator Enforcement Program (SVEP)OSHA Instruction CPL 02-00-149 As of February 28, 2011, DEP has logged: • 118 SVEP cases • 20 (17%) are fatalities • 79 (67%) are Non-fatality/Catastrophe Criterion Related to a High-Emphasis Hazard • 4 (3%) are Non-fatality/Catastrophe for Hazards Due to the Potential Release of a Highly Hazardous Chemical (Process Safety Management) • 74 (63%) are in construction • 7 (9%) of the construction cases are fatalities • Number of SVEP cases that are Egregious cases: 17 (14%)

10. SVEP • In addition, there have been: • 4 Follow-up inspections • 7 General Industry- Related inspections, 1 of which was also an SVEP • The Regional Offices also reported: • 11 enhanced settlement agreement • 16 company headquarters were sent copies of citations and/or notified • 0 Section 11(b) cases referred to SOL or filed with the courts • Size of Employers fall into the following groups (size based on # of employees controlled) • 58 employers had 1-25 employees, 49% of the SVEPs • 30 employers had 26-100 employees, 25% of the SVEPs • 8 employers had 101-250 employees, 7% of the SVEPs • 22 employers had 251 employees or greater,19% of the SVEPs

11. Egregious Cases FY 2011 • Black Mag (Colebrook, NH) • $1,232,000 • Gerardi Sewer & Water (Norridge, IL) • $360,000 • Lead Enterprises, Inc. (Miami, FL) • $307,200 • Haasbach (Mount Carroll, OH) • $555,000 • Hillsdale Elevator (Geneseo, OH) • $729,000

12. Grain Handling Initiative • Assistant Secretary Michaels’s Letters to Operators of Grain Handling Facilities • August 2010 • February 2011 • Letters to CEOs of 20 major grain handling companies • November 2010 • Memorandum to RAs in January 2011 delineates OSHA strategies for keeping grain handling workers safe • Workgroup to examine the need for a Special Emphasis Program • Outreach to industry-related professional associations • Review and update OSHA resources and training

13. Occupational Noise • 1971: OSHA Noise Standard • Set PEL at 90 dBA • 1981 (reissued 1983): Hearing Conservation Amendment • 1983: OSHA Compliance Directive • Stated that unless noise was above 100 dBA, it would be rare that citations for engineering and administrative controls will be issued • 2010: Federal Register Proposed Interpretation • Why propose a change to the 1983 policy? • 2011: OSHA withdrew the Proposed Interpretation • Why withdraw the proposal?

14. Occupational Noise • Next steps: to better engage and provide outreach to the business community and public at large. • OSHA remains committed to preventing hearing loss, and in support of this effort, the Agency will: • Review comments • Hold a stakeholder meeting • Consult with NIOSH • Continue compliance assistance/outreach materials

15. Occupational Noise Engineering Controls • Eliminating the noisy process • Substituting with quieter equipment • Total, partial or personnel enclosures • Barriers and partitions • Vibration mountings • Damping or absorption materials • Routine maintenance and adjustment of machinery and equipment

16. Green Jobs“Green jobs are good jobs only when they are safe jobs.” • Green jobs → defined broadly as jobs that help to improve the environment. • BLS’s Green Jobs Definition -- A) Jobs in businesses that produce goods and provide services that benefit the environment or conserve natural resources. B) Jobs in which workers’ duties involve making their establishment’s production processes more environmentally friendly or use fewer natural resources. • BLS’s Web Site Address: http://www.bls.gov/green/frn_2010_09_21.pdf

17. Addresses 8 Industries Wind Energy Solar Geothermal Biofuels Recycling Green Roofs Hydrogen Fuel Cells Weather Insulating/Sealing OSHA’s Green Jobs Webpage “Green jobs are good jobs only when they are safe jobs.” http://www.osha.gov/dep/ greenjobs/index.html

20. OSHA’s Green Jobs Webpage Future Activities Monitor injury/illness trends Examine enforcement strategies Increase outreach and training efforts Collaborate with industry, labor and government agencies Continuously improve the Green Jobs Webpage by providing new information and resources to employers and workers

21. QUESTIONS? Thomas Galassi, CIH Director of Enforcement Programs