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OSHA Update Issues in 2011

OSHA Update Issues in 2011. OSHA at 40. George Yoksas, Area Director Milwaukee OSHA Office April 2011. Future. Dr. Michael’s Vision Stronger enforcement: Some employers need incentives to do the right thing. Ensure that workers have a voice

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OSHA Update Issues in 2011

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  1. OSHA Update Issues in 2011 OSHA at 40 George Yoksas, Area Director Milwaukee OSHA Office April 2011

  2. Future • Dr. Michael’s Vision • Stronger enforcement: Some employers need incentives to do the right thing. • Ensure that workers have a voice • Refocus and strengthen our compliance assistance programs • Change workplace culture: Employers must “find and fix” workplace hazards • Improve and modernize workplace injury and illness tracking: Strengthen our focus on accurate recordkeeping • Strengthen OSHA’s use of science

  3. Regulatory Agenda Hot Topics • Injury and Illness Prevention Program • Confined Space in Construction • Silica • Global Harmonization - HazCom • Beryllium • PELs (Permissible Exposure Limits) • Infectious Diseases • Modernizing Recordkeeping • MSD Column

  4. Recent News • OSHA Penalty Structure • Serious Violators Enforcement Program • New Crane Standard • Fall Protection in Residential Construction

  5. Gravity-Based Penalty Size History Good Faith Increased Minimum Penalties Severe Violator Enforcement Program Repeat Violations Informal Conference Consideration Application of penalty adjustment factors Penalty Changes Effective 10/1/10

  6. Severe Violator Enforcement Program - SVEP • Replaces the Enhanced Enforcement Program (EEP) • Modifies guidance for grouping related HG serious violations and permits citing each with its own penalty • AD may limit adjustment for SVEP related violations to achieve the appropriate deterrent effect

  7. SVEP Criteria • Fatality/Catastrophe Criterion • One or more willful or repeated citations or failure-to-abate notices based on a serious violation related to a death of an employee or three or more hospitalizations • Non-Fatality/Catastrophe Criterion Related to High-Emphasis Hazards • Two or more willful or repeated violations or failure-to-abate notices based on high gravity serious violations related to a High- Emphasis Hazard

  8. SVEP Criteria (cont.) • Non-Fatality/Catastrophe Criterion for Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM) • Three or more willful or repeated violations or failure-to-abate notices 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

  9. SVEP Criteria (cont.) • Egregious Criterion • All egregious (e.g., per-instance citations) enforcement actions including Recordkeeping

  10. SVEP High Emphasis Hazards: • Fall Hazards • Amputation Hazards • Combustible Dust Hazards • Crystalline Silica Hazards • Lead Hazards • Excavation/Trenching Hazards

  11. New Regulationsand Directives

  12. OSHA’s New Crane Standard Highlights • Ground Conditions • Assembly/Disassembly • Power lines • Operator Certification • Signals/Rigging • Inspections

  13. Fall Protection Requirements for Residential Construction Effective June 16, 2011 • Workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection or alternative fall protection measures allowed under 1926.501(b) for particular types of work. • If an employer can demonstrate that fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls.

  14. Emphasis Programs Target Areas that could Generate an Inspection

  15. Emphasis Programs in Construction for 2011 • 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 Targeting • UTenn:Dodge Report What Could Generate an Inspection? * Complaint Based or Observed during an Inspection

  16. Emphasis Programs in General Industry for 2011 • Powered Industrial Vehicles (PIVs) • Lead • Silica • Site Specific Targeting (SST) • Combustible Dust • Amputations • Chemical Plants/Process Safety • Flavorings (Diacetyl) • Primary Metals • Recordkeeping • Grain Handling What Could Generate an Inspection? • Federal Agencies • Air Traffic Control Towers

  17. New Outreach Topics • Heat • Fatigue • Distracted Driving

  18. Most Frequently Cited Violations in General Industry 1) 1200 (e)(1) Hazard Communication Program 2) 212 (a)(1) Machine Area Guarding 3) 1200 (h)(1) Hazard Communication Training 4) 23 (h)(1) Guarding of Open Sided Floors/Platforms 5) 215 (b)(9) Grinders – Tongue Guards 6) 151 (c) Eyewash 7) 147 (c)(4)(i) Lockout Procedures 8) 212 (a)(3)(ii) Point of Operation Guarding 9) 178 (l)(1)(i) Competency on Operating Powered Industrial Trucks 10) 147 (c)(1) Lockout Program National Statistics FY 2010

  19. Most Frequently Cited Violations in Construction 1) 501 (b)(13) Residential Fall Protection 6’ or Higher 2) 1053 (b)(1) Ladder Extension not 3 Feet Above Landing 3) 501 (b)(1) Unprotected Sides and Edges 4) 100 (a) Hard Hats 5) 503 (a)(1) Fall Hazards Training Program 6) 102 (a)(1) Eye and Face Protection 7) 453 (b)(2)(v) No Harness while in an Aerial Lift 8) 451 (g)(1) Scaffold Fall Protection - 10’ and Higher 9) 451 (e)(1) Scaffold Access – 2’ or more 10) 451 (b)(1) Scaffold Platform – Not Fully Planked National Statistics FY 2010

  20. Safety and Health Resources Web Page Assistance

  21. Resources: 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

  22. Milwaukee Area Office8th Annual Safety Day Cooperative Effort Between OSHA, ASSE WCTC, WisCon Reaching Out 2011 • Thirty Educational Sessions taught by OSHA Staff and ASSE Members • Special ½ and Full day Sessions • OSHA 10 Hour Class Finishing on Safety Day • Vendor Area June 9, 2011

  23. Wisconsin OSHA Offices Eau Claire 715-832-9019 Appleton 920-734-4521 Milwaukee 414-297-3315 Madison 608-441-5388

  24. Questions OSHA at 40

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