ASSE OSHA Update

1. ASSE OSHA Update PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

2. OSHA at 40 • OSHA is making a difference: • Worker deaths in America are down — from 14,000 in 1970 to 4,400 in 2009 — in a workforce that has doubled in size. • Injuries and illnesses are down — from 10.9 incidents per 100 workers in 1972 to less than 4 per 100 in 2009. • Since the late 1980s, grain explosions have declined 42 %, worker injuries dropped 60 %, worker deaths fell 70% percent. • OSHA's 1978 Cotton Dust standard drove down rates of brown lung disease among textile workers from 12 % to 1 %. • The clear impact of OSHA can be seen on a daily. • In January 2011, in Secaucus, New Jersey, a 25-year-old worker was doing repairs high up on an outside wall of a residential tower when he fell — but he was saved from striking the ground by the safety harness he was wearing. He was shaken up and bruised, but he's alive.

3. OSHA at 40 • Challenges Ahead • OSHA must carefully target its efforts and leverage its resources • Creative Solutions • SVEP – Employers in SVEP receive "special attention" from OSHA • New penalties policy • OSHA is using the public spotlight to expose worst violators • Compliance Assistance • Giving Workers a Strong Voice • Standards

4. Why Strong Enforcement? • Although fatalities are dropping in numbers, there are still too many • Florida still has a high number of fatalities • Struck-by and falls still continue to be leading causes of death

5. 52 2006 42 37 2007 2008 Fatality Investigations by the Tampa Area Office

6. 30 25 35 2009 2010 2011 Fatality Investigations by Tampa Area Office

7. Enforcement • Administrative Enhancements to OSHA’s Penalty Policies - http://www.osha.gov/dep/penalty-change-memo.pdf • New Severe Violator Enforcement Program (SVEP) program is aimed at employers who have demonstrated recalcitrance, or indifference, to their obligations under the OSH Act - Replaces the EEP2

8. Severe Violator Enforcement Program (SVEP) • Concentrate inspection resources on employers who have demonstrated recalcitrance or indifference to their OSH Act obligations by committing willful, repeated, or failure-to-abate violations in one of four circumstances

9. SVEP - Criteria • Any inspection that meets one or more of the following criteria at the time the citations are issued: • Fatality inspection with one or more willful or repeat violations, or FTA notices based on a serious violation related to a death or 3 or more hospitalizations • An inspection in which OSHA finds 2 or more willful or repeated violations or FTA notices (or any combination) based on high gravity serious violations related to a High-Emphasis Hazard (fall hazards, amputation hazards, combustible dust hazards, silica hazards, lead hazards, excavation/trenching hazards, shipbreaking hazards)

10. SVEP - Criteria • Any inspection that meets one or more of the following criteria at the time the citations are issued: • An inspection in which OSHA finds 3 or more willful or repeated violations or FTA notices (or any combination) 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 • All egregious (e.g., per-instance citations) enforcement actions will be considered SVEP cases

12. Procedures of SVEP • Enhanced Follow-up Inspections • Nationwide Inspections of Related Workplaces/Worksites • Increased Company Awareness of OSHA Enforcement • Enhanced Settlement Provisions • Federal Court Enforcement under Section 11(b) of the OSH Act

13. Successful Programs Continue Site Specific Targeting List NEP Combustible Dust NEP on Trenching NEP on Hexavalent Chromium Regional / Local Emphasis Programs: Falls Overhead powerlines Lead Silica Landscaping Health Hazards in Scrap and Waste Materials Recycling Operations

15. New and Upcoming Regional Emphasis Programs • Sharps • Powered Industrial Trucks • Noise • Methylene Chloride • Primary Metals – NEP • Cranes & Derricks

16. REP for Reducing the Number of Sharps Injuries • Applies to ambulatory surgical care centers, freestanding emergency care clinics and primary care medical clinics (SIC 8011) • Effective March 25, 2011 • Detailed evaluation of the employer's safety and health programs to minimize worker exposures to bloodborne pathogen hazards associated with exposure to contaminated sharps devices

17. REP for Powered Industrial Truck • Applies to all inspections conducted in general industry, maritime and construction • Effective April 29, 2011 • During all inspections, CSHO shall determine if PITs are utilized • If they are, inspection expanded or referral made to cover those operations unless PIT operations have been inspection within the last 3 years • Normally, an inspection will be conducted for all complaints alleging PIT hazards

19. Site Specific Targeting for 2010 Effective Date – August 18, 2010 2009 OSHA Data Initiative - 2008 injury and illness data collected SST for 2011 issued September 9, 2011

20. Recordkeeping NEP • Recently, several academic studies have asserted varying degrees of under-recording of workplace injuries and illnesses on the OSHA Form 300 • OSHA postulates the most likely places where under-recorded injuries and illnesses may exist would be low rate establishments operating in historically high rate industries.

21. Additional Covered Industries:NAICS 623110 Nursing HomesNAICS 311615 Poultry ProcessingNAICS 115210 Support Activities for Animal Production

22. Recordkeeping NEP • DIRECTIVE NUMBER 10-07 (CPL 02) • EFFECTIVE DATE: September 28, 2010 • TITLE: Injury and Illness Recordkeeping National Emphasis Program (RK NEP) • http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-07.pdf

23. Pre-Rule Phase • Title: Occupational Exposure to Beryllium • 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the United Steel Workers, Public Citizen Health Research Group, and others. • OSHA is currently conducting a scientific peer review of its draft risk assessment • Economic peer review was scheduled to be completed in June 2011.

24. Pre-Rule Phase • Title: Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes • On July 26, 2006, the United Food and Commercial Workers International Union and the International Brotherhood of Teamsters) petitioned DOL for an Emergency Temporary Standard • Bronchiolitis obliterans, a debilitating and potentially fatal disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn industry and in food flavoring manufacturing plants • Advanced Notice of Proposed Rulemaking on January 21, 2009, but withdrew the ANPRM on March 17, 2009, in order to facilitate timely development of a standard • The SBREFA Panel Report was completed on July 2, 2009. • NIOSH is currently developing a criteria document on occupational exposure to diacetyl • NIOSH scheduled to initiate public peer review of the criteria document in June, 2011

25. Pre-Rule Phase • Bloodborne Pathogens – Review that will consider the continued need for the rule; whether the rule overlaps, duplicates, or conflicts with other Federal, State or local regulations and the degree to which technology, economic conditions, or other factors may have changed since the rule was evaluated • Analyze Comments starting June, 2011

26. Pre-Rule Phase • Title: Combustible Dust • The U.S. Chemical Safety Board (CSB) completed a study of combustible dust hazards in late 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured another 718. • CSB recommended OSHA to pursue a rulemaking on this issue. • On July 31, 2005, OSHA published the Safety and Health Information Bulletin, "Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions." • OSHA implemented a Combustible Dust National Emphasis Program (NEP) March 11, 2008. • ANPRM October 21, 2009 – • Stakeholder meetings - 2009 and 2010 • Webchat for combustible dust - June 28, 2010. • Initiate SBREFA - December 2011.

28. Pre-Rule Phase • Title: Infectious Diseases • OSHA is considering the need for a standard to ensure that employers establish a comprehensive infection control program and control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease e.g. TB. SARS, Shingles. • Health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings e.g. laboratories pathologists, coroners’ offices, medical examiners, and mortuaries. • OSHA published an RFI on May 6, 2010, the comment period closed on August 4, 2010. • OSHA is currently analyzing the comments submitted by stakeholders.

29. Proposed Rule Phase • Title: Occupational Exposure to Crystalline Silica • OSHA permissible exposure limit (PEL) for general industry is based on a formula proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1968 • PEL for construction and shipyards (derived from ACGIH's 1970 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. • Completed SBREFA Report - 12/19/2003 • Initiated Peer Review of Health Effects and Risk Assessment - 05/22/2009 • Completed Peer Review - 01/24/2010 • NPRM - 06/00/2011 • Hearings – 11/00/2011

30. Proposed Rule Phase • Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) • In 1990, OSHA proposed a rule addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. • OSHA published a notice to re-open the rulemaking for comment on May 2, 2003, because a number of issues were raised in the NPRM record. • A second NPRM on May 24, 2010, which was modified to reflect current information as well as reassess the impact. • Notice of Informal Hearing - 11/12/2010 • Public Hearing - 01/18/2011 • Analyze Comments - 08/00/2011

31. Proposed Rule Phase • Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions • OSHA is proposing to update appendix A to subpart B of part 1904 to include North American Industry Classification System (NAICS and based on more recent occupational injury and illness rates. • Require employers to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations.

32. Final Rule Phase • Title: Confined Spaces in Construction • Abstract: In 1993, OSHA issued GI Confined Space Standard to protect workers entering confined spaces (29 CFR 1910.146). This standard does not apply to the construction. Discussions with the United Steel Workers of America led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a proposed rule to protect construction workers in confined spaces • Final Action: 11/00/2011.

33. Final Rule Phase • Title: Hazard Communication • In 2003, the United Nations adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). • Countries are now adopting the GHS into their national regulatory systems. • ANPRM - 09/12/2006 • ANPRM Comment Period End - 11/13/2006 • Complete Peer Review of Economic Analysis - 11/19/2007 • NPRM - 09/30/2009 • NPRM Comment Period End - 12/29/2009 • Hearings - 03/02 and 31/2010 • Post Hearing Comment Period End - 06/01/2010 • Final Action - 09/00/2011

34. Final Rule Phase • Title: Electric Power Transmission and Distribution; Electrical Protective Equipment • The annual fatality rate for power line workers is about 50 deaths per 100,000 employees • Construction standard addressing the safety constructing electric power transmission and distribution lines is over 35 years old • Amend the general industry standard so that requirements for work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction • GI standards including electrical protective equipment and foot protection • Fall protection in aerial lifts • NPRM - 06/15/05 • Public Hearing – 2005 and 2006 • Reopen Record - 10/22/08 • Public Hearings - 10/28/09 • Final Rule - 09/00/11

35. Completed Actions • Cranes and Derricks in Construction (Subpart CC 1926.1400-1442) • Completed and implemented • Some sections will be implemented over the next four years • 42 sections and 3 appendices

36. Heat Illness Prevention (that time of year) • Exposure to heat can cause illness and death. • Risk Factors for Heat Illness • High temperature and humidity, direct sun exposure ,no breeze or wind • Low liquid intake; previous heat illnesses • Heavy physical labor • Waterproof clothing • No recent exposure to hot workplaces • Schedule frequent rest periods with water breaks in shaded or air conditioned areas. • Routinely check workers who are at risk of heat stress due to protective clothing and high temperature. • Consider protective clothing that provides cooling. • What to Do When a Worker is Ill from the Heat • Call a supervisor for help. If the supervisor is not available, call 911. • Have someone stay with the worker until help arrives. • Move the worker to a cooler/shaded area. • Remove outer clothing. • Fan and mist the worker with water; apply ice (ice bags or ice towels). • Provide cool drinking water, if able to drink. • IF THEWORKER IS NOT ALERT or seems confused, this may be a heat stroke. CALL 911 IMMEDIATELY and apply ice as soon as possible.

37. Other Issues

38. Fall Protection Interim Guideline • OSHA issued a new directive withdrawing a former one issued in 1995 that allowed residential builders to bypass fall protection requirements • Initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction. • Feasibility is no longer an issue or concern • The NAHB, the National Advisory Committee for Construction Safety and Health, and the Occupational Safety and Health State Plan Association all recommended rescinding the 1995 directive

41. Guidance for Residential Construction • Directive Number: STD 03-11-002 • Effective date: December 16, 2010 • Enforcement date: June 16, 2011 • Temporary policy until September 16, 2011

42. Guidance for Residential Construction • “Residential construction" for purposes of 29 CFR 1926.501(b)(13) to include two elements: • a residence requirement; • a wood frame construction requirement • If an employer is engaged in residential construction, but does not provide guardrail systems, safety net systems, personal fall arrest systems, or other fall protection allowed under 1926.501(b), a citation for violating 1926.501(b)(13) should be issued unless the employer can demonstrate the infeasibility of these protective measures or the existence of a greater hazard

43. Guidance for Residential Construction • If the employer demonstrates infeasibility or a greater hazard, the CSHO must determine if the employer has implemented a fall protection plan meeting the requirements of 1926.502(k) • Fall protection plans under 1926.502(k) must be written and site-specific • A written plan developed for repetitive use for a particular style/model home will be considered site-specific with respect to a particular site only if it fully addresses all issues related to fall protection at that site

44. Training Updated Requirements • New Two-hour module required for inclusion in Outreach Training Program classes • Maximum of 7 ½ hours of training allowed per day • Training requirements include 10-hour courses being delivered over a minimum of 2 days and 30-hour courses being delivered over a minimum of 4 days • Exceptions will only be granted in extremely extenuating circumstances • OSHA will not consider cost savings, trainer availability, time limits or missing work as extenuating circumstances

45. Distracted Driving • In 2009 more than 5,400 people died in crashes linked to distraction and thousands more were injured • In particular, texting while driving has become such a prominent hazard that 30 states now ban text messaging for all drivers • USDOL partnership with the U.S. Department of Transportation to combat distracted driving

46. Distracted Driving • "Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their jobs. OSHA will investigate worker complaints, and employers who violate the law will be subject to citations and penalties.“ Assistant Secretary of Labor for OSHA Dr. David Michaels • www.osha.gov/distracted-driving

47. Hazard Communication Respiratory Protection Lockout/Tagout Powered Industrial Trucks Electrical, Wiring Methods Electrical, General Requirements Machine Guarding Recordkeeping Personal Protective Equipment Guarding Floor & Wall Openings & Holes FY 2011 Top 10 Most Frequently Cited General Industry Standards

48. Scaffolding Fall Protection Ladders Fall Protection, Training Requirements Hazard Communication General Safety & Health Provisions Head Protection Specific Excavation Requirements Aerial Lifts Eye & Face Protection FY 2011 Top 10 Most Frequently Cited Construction Standards

49. The Interview?

50. OSHA OFFICES IN FLORIDA