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Presented By: Martha Yoder, Director michigan/miosha ( 517) 322-1817

Presented By: Martha Yoder, Director www.michigan.gov/miosha ( 517) 322-1817. 1. MIOSHA’S Mission. Help protect the safety, health, earned wages and fringe benefits of Michigan workers. New Radiation Safety. Registration of 10,000 X-Ray Facilities; 30,000 machines

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Presented By: Martha Yoder, Director michigan/miosha ( 517) 322-1817

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  1. Presented By: Martha Yoder, Director www.michigan.gov/miosha(517) 322-1817 1

  2. MIOSHA’S Mission Help protect the safety, health, earned wages and fringe benefits of Michigan workers.

  3. New Radiation Safety • Registration of 10,000 X-Ray Facilities; 30,000 machines • Inspections of Mammography Machines in 300 facilities • Investigate radiation incidents of excessive radiation doses to workers

  4. MIOSHA Overview • 242 MIOSHA Staff • 65 Compliance officers • 32 Consultants • 17 Regulation Agents • 18 Physicists • 63 Administrative Supportand Analysts • 47 Supervisor/Managers • 5,249 Safety and Health Inspections • 13,069 MIOSHA Violations • $6,284,429 Levied in fines • 4,548 Wage and Hour Claims • $2,240,943 Collected in wages/benefits for workers • 2,947 Radiation Safety Inspections

  5. Office of Regulatory Reinvention (ORR) Reviewing rules that go above Federal OSHA Criteria - Find rules that are obsolete, unnecessary, and over burdensome Goal – Not eliminate any rules that would jeopardize employee health and safety.

  6. Status of ORR Changes

  7. Other Standard Activity Hazard Communication Standard revision adopted Globally Harmonized System • OSHA Standard Effective May 25, 2012 • MIOSHA Standards Effective December 21, 2012 • Training Deadline December 1, 2013

  8. New MIOSHA Advisory Committees • Appointed by the Agency • “Holistic” in charge • Rule Language • Implementation Strategy • Tools, Resources, Training Needs • Create “Best Practices” • Project Based

  9. FY 2009-13 Strategic Plan Goal 1: Reduce exposures, injuries, illnesses, fatalities. Goal 2: Promote benefits of positive safety culture. Goal 3: Strengthen public confidence in MIOSHA. 10 10 10

  10. Results: Industries Achieving 20%/Greater Reduction • Plastics & Rubber (326), 24.1% • Nonmetallic Mineral Products (327), 48% • Fabricated Metal Products (332), 28.1% • Transportation Equipment Manufacturing (336), 23.2% • Construction fatalities, 35%

  11. Results: Industries Achieving Reductions Less than 20% • Wood Products (321), 7.5% • Machinery Manufacturing (333), 14.3% • Transportation Equipment Manufacturing (336), 14.6% • Hospitals (622), 16.7% • Construction (DART), 10%

  12. Results: Industries with Increases • Beverage & Tobacco (321), 43.5% • Primary Metal (331), 20.2% • Merchant Wholesalers, Nondurable Goods (424), 8.9% • Nursing & Residential Care (623), 6.7%

  13. Results: Construction • Construction Fatalities, 35% decrease • Construction TRC, 18.3% decrease

  14. NewMIOSHA Strategic Plan • Cover Fiscal Years 2014 – 2018 • Stakeholder Focus Groups in October • Draft Plan • Stakeholder Feedback Group in May • Submitted to federal OSHA June 2013 • Posted on web page

  15. New MIOSHA Strategic Plan • New Industries: • Support for Transportation • Warehousing & Storage • Accommodations • Returning: • Beverage & Tobacco • Fabricated Metal products • Primary Metal Mfg. • Machinery Mfg. • Nursing & Residential Care Facilities • Transportation Equipment Mfg. • Construction

  16. New MIOSHA Strategic Plan • Construction • Increase presence during nontraditional hours • Focus on work activities with greatest fatality incidence • Focus on work activities with greatest exposure to health hazards • Targeted outreach

  17. New MIOSHA Strategic Plan • New Outreach Initiatives: • Agriculture • Temporary Service Agencies • Public Employers and Employees • Air Contaminants • Tree Trimming/Tree Felling • Awareness Articles/Education Materials • Focused toward targeted industries • Top violations • Targeted safety and health checklists

  18. New MIOSHA Strategic Plan • Promotional Events/Awareness Campaigns • Take a Stand Day • Forums • Coffee with MIOSHA • Mass Mailings • Presentations • Material Lifting and Repetitive Motion • Develop staff knowledge • Develop tools • Provide recommendations

  19. New MIOSHA Strategic Plan • Promote Safety and Health Management Systems • 100% MIOSHA • 60% General Industry employers w/MIOSHA visit implement • Create SHMS resources sheet for MIOSHA website • Enforcement referrals to CET • Develop/publish case studies • Best practices • Near-miss reporting

  20. NEW: MTI Strategic Plan Initiatives • Develop and pilot new management track course • Explore additional Boot Camp opportunities • Pursue undergraduate credit for MTI courses • Explore additional professional certification maintenance options • Survey graduates

  21. New MIOSHA Strategic Plan • Increase Participation in Cooperative Programs • Michigan Voluntary Protection Program • Michigan Safety and Health Recognition Achievement Program • Partnerships and Alliances

  22. Connecting MIOSHA to Industry • Encourage cooperation and collaboration • Reinforce the “good” • Create shared ownership for worker safety and health by employers, employees, and MIOSHA • Coffee with MIOSHA • Updated Enforcement and Appeals Brochure • Protecting Workers in Tough Economic Times

  23. Workplace Violence 1.7 Million workers injured annually due to workplace assaults (NIOSH) Violent workplace incidents 18% of all violent crime in the US (BLS) Assaults and violent acts 10th leading cause of nonfatal occupational injury (Liberty Mutual) $400 million in annual costs to employers (Liberty Mutual)

  24. Workplace Violence: MIOSHA Policy No MIOSHA Rule. If issues identified, addressed by the “General Duty Clause” Addressed by law enforcement, MIOSHA typically declines to investigate. Issues within the control of the employer may be investigated. Working with the public Handling money/valuables Working alone/small numbers Working with volatile persons

  25. Huntsman: Yes I Am!

  26. Georgia Pacific: Tailgates & Preshift Meetings • Monday morning tailgates • 1st hour of every shift • Specific safety requirements • Concerns/alerts/near misses, other plant issues • 15 Minute Pre-shift Meetings • Prior to the start of each shift • All team members • Discuss new safety concerns, alerts, near misses, observations • After safety, machine and quality issues discussed.

  27. Significant Case Summary • 11/21/13, Auto Supplier, $128,900 • 4-Serious, 4 Repeat Serious, 1 Repeat Other, 2 Other • 11/9/13, Stamping Plant, $103,300 • 12 Failure to Abate, 4 Serious, 1 Other • 11/1/13, Steelmaker, $431,100 • 14 Serious, 20 Repeat Serious, 11 Other, 19 Repeat Other. • 9/27/13, Wastewater Treatment, $126,600 • Combined total issued to 5 employers following a fatality.

  28. General Industry: Planned Inspection of Packaging Plant • Issued May 13, 2013 • Total initial assessed penalties, $117,800. • 14 violations. • 6 Repeat-Serious and 8 Serious violations. • Issues included confined space, machine guarding, guarding for power transmission, and lockout/tagout. • This case is currently under appeal.

  29. General Industry: Planned Inspection of Tube Manufacturer • Issued June 7, 2013 • Total initial assessed penalties, $151,000 • 5 violations • 2 Willful/Serious, 2 Serious, and 1 Other-than-Serious violations. • Issues included machine guarding and lockout/tagout. • This case is currently under appeal

  30. Construction: Fatality & Related • A 36 year old roofer fell 22 feet through a deteriorated roof while in the process of replacing the metal decking. • Issued July 19, 2013, • Initial assessed penalties, $144,000 • Roofing contractor. • 16 Violations • 15 Serious and 1Repeat/Serious • The violations were mainly for fall protection issues and inadequate accident prevention program. • This case is currently under appeal.

  31. Residential Contractor LLC v MIOSHA Facts: Owner of Single Member LLC observed installing a new roof on a residential home by himself on a multi-employer worksite. Citations: No conventional fall protection system in use. Part 45, Fall Protection. Side rails of portable ladder used to exit roof did not extend 3 feet above the upper landing surface. Part 11, Fixed and Portable Ladders. Issue: Is the owner of a single member Limited Liability Company (LLC) an employer covered by the MIOSH Act? Ruling: The LLC is a separate legal entity and an employer. The owner is an employee. Factors:Owner performed tasks an employee would generally be permitted to perform; Owner received financial return (small salary & dividend draws); and Owner hired other employees periodically throughout the year.

  32. Programmed Inspection Case Facts: Employer stipulated to existence of violations and employee hazards, but contested asserting it was shielded from inspections as a result of using CET services and the penalties imposed were arbitrary, discriminatory and excessive. Specifics:A health and safety inspections resulted in multiple violations and an initial proposed penalty of $42,500. • Employer contended an agreement had been signed 3-4 years ago to work with CET and believed this exempted them from inspection. • CET records indicated the company used services approximately 3 years prior to the inspection. However, no subsequent or current activity with CET. • Regarding penalties, the employer provided copies of citations issued to other employers with smaller penalties to support the claim that penalties were arbitrary/capricious. Ruling:Regarding the CET question, the judge ruled there was no evidence to support the company had a continuing exemption from inspections and therefore he inspection and resulting citations were proper. Regarding the penalties, the judge concluded many of the cases used for comparison did not have enough information to determine whether the circumstances were similar. Also, the company contended penalty adjustment factors were not applied correctly. The judge concluded the adjustments were applied properly.

  33. RPM – Reinventing Performance in Michigan • GOALS • A 25% improvement –satisfaction- regulatory process. • A 50% improvement -customer response time. • 100% of customer facing regulatory materials used/needed. • An overall 50% reduction in forms. • KEY MESSAGES • Michigan will be a national leader for satisfaction on regulatory issues, bringing state government closer to the business customer. • RPM will save businesses a tremendous amount of time and money and create an environment for improved growth and job creation. • Michigan is not done reinventing state government. A regulatory system that is second to none will play a major role in Michigan’s continuing comeback.

  34. MIOSHA: Stay Connected! • MIOSHA News - published quarterly • MIOSHA eNews – sent via email monthly • Provides updates on policy changes and program activities • Sign-up on MIOSHA website • MIOSHA on Twitter and Facebook

  35. Eleven Deaths In 80 days So far in 2013, Michigan has experienced one employee death approximately every 7 days.  As of March 22, MIOSHA is investigating the deaths of 11 employees.  If this rate were to continue, Michigan would end the year with over 50 MIOSHA- related deaths.  This would be the greatest number of worker deaths since 2006.  Last year there were 26 MIOSHA-related deaths.  2009 saw the lowest number with 24.  Worker deaths in 2013 include four falls, two crushed, three struck-by, one cave-in, and one run-over incidents. We urge every employer and employee to be proactive by taking the action necessary to ensure your workplace is safe.  If you need help or assistance in ensuring your workplace is safe, MIOSHA is here with resources to help.  The Consultation Education & Training (CET) Division provides workplace safety and health training and consultations to employers and employees throughout Michigan free of charge.  Contact CET today at (800) 866-4674 or submit a request online at www.michigan.gov/cetrca. Every life is precious.  Our mutual goal must be that every employee goes home at the end of their shift every day! 

  36. Summary of Worker Fatalities - 2013

  37. MIOSHA Act: Signed June 18, 1974

  38. Michigan Injury & Illness RatesPrivate Sector (U.S. BLS data) rates per 100 full-time workers

  39. MIOSHA Program-Related Fatalities 27

  40. MIOSHA’S Commitment • Be proactive • Do what it takes • Make a difference • Keep people safe & healthy on the job.

  41. Our Job Our job is not done! More to do… • 26 MIOSHA related deaths in 2012 • 12 U.S. workers lost their life each day in 2010 • 4,600 U.S. workers lost their lives in 2011

  42. Take Action! • Read safety publications; • Belong to professional organizations; • Utilize insurance company audits; • Conduct internal self-inspections; • Form a safety committee; • Contact CET for assistance; • Acquire an understanding of the MIOSHA standards; • Appoint an in-charge person for safety.

  43. Thank You • Partnering with MIOSHA • Making worksite safety & health a priority • For all you do… every day… every job! “You Make a Difference!”

  44. Questions?Comments 45 45 45

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