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OSHA Update March 15, 2011. Jule A. Hovi, Area Director Toledo Area Office. OSHA at 40!!. “The Workplace Before OSHA". 14,000 workplace fatalities; 38 fatal workplace events daily No ‘Right to Know’ the hazards of chemicals you work with No personal protective equipment requirements
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OSHA Update March 15, 2011 Jule A. Hovi, Area Director Toledo Area Office
“The Workplace Before OSHA" • 14,000 workplace fatalities; 38 fatal workplace events daily • No ‘Right to Know’ the hazards of chemicals you work with • No personal protective equipment requirements • No machine guarding or lock-out/tag-out provisions • No confined space provisions • No trenching or excavation rules to protect from cave-in hazards
Rate of Fatal Work InjuriesContinues to Drop, 1992 – 2009 Fatal Work Injuries per 100,000 Workers Fatality ratesare down 37.7% since 1994 Source: US Bureau of Labor Statistics
The 1970’s • OSHA Act Signed Dec 29, 1970 • NIOSH • OSHA Training Institute • May 1971 first standards adopted • 1972 first State Plans approved • 1975 free consultation service available • 1978 Cotton Dust std; “brown-lung” concerns • 1978 Lead std for GI (construction lead std 1995)
The 1980’s • Access to medical and exposure records • 1983 Hazard communication • Updated asbestos • Ethylene oxide, formaldehyde, and benzene • Hazardous waste operations and emergency response • 1986 Egregious citation policy for recordkeeping cases • 1989 Lockout/tagout of hazardous energy sources 1984 Bhopal Explosion kills 2000+ OSHA Starts CHEMSEP
The 1990’s • 1993 Confined Space • Respirators • Personal Protective Equipment • 1992 Process Safety Management • Forklift Training • 1994 Fall Protection • 1995 www.osha.gov webpage launched • 1996 Scaffolds Blood-borne Pathogens Standard started in this decade
The 2000’s • Refinery NEP • Combustible Dust • Cranes and Derricks • Hexavalent Chromium
The Future • Dr. Michael’s Vision • Stronger enforcement: Some employers need incentives to do the right thing; many will never “self-police” and comply • Ensure that workers have a voice • Refocus and strengthen compliance assistance programs • Change workplace culture: Employers must “find and fix” workplace hazards
National Emphasis Programs Chemical Plants / PSM Amputations Trenching Crystalline Silica Lead Combustible Dust Federal Agency Air Traffic Control Towers Flavorings Recordkeeping
Local Emphasis Programs Region V Construction General Industry *Applies to construction as well • ARRA- Federal Facilities • ARRA Roads, Bridges, Runways and Air Terminals • Falls • Building Renovation/Rehab • Cal City, Milwaukee, Appleton and OH Only • High Rise • Calumet City Only • Lead • Illinois Only • Silica • Illinois Only • Powered Industrial Vehicles* • Grain Handling • Primary Metal Industries • WI and OH Only
Alternatives for Residential Fall Protection Have Been Rescinded • Effective June 16, 2011, residential construction will no longer be able to use alternative fall protection methods • Conventional fall protection must be implemented • This reverses a 12 year old temporary directive
Results • How will we measure success? • Reducing the number of fatalities associated with the four leading causes of workplace death: • Focus Four: falls, electrocutions, caught in or between, and struck-by • Increasing the number of targeted hazards abated: • Targeted injuries and illnesses include: hearing loss in manufacturing, illnesses in general industry and construction, and workplace amputations • Increase worker and employer awareness of OSHA rights, responsibilities and programs to improve the “voice in the workplace”: • Activities include: expanded outreach and education targeted to small business and vulnerable workers in high risk industries, achieving an increase in health and safety protections and a reduction of occupational injuries, illnesses and fatalities
Whistleblower Protection “Voice in the Workplace” 21 Whistleblower Statutes enforced by OSHA FY09 Region V Investigations 1873 cases 453 (23%) cases found to have merit Over $12 million in back pay awarded to complainants 52 reinstatements
Regulatory Agenda“Rulemaking Road Map” Crystalline Silica Beryllium Airborne Infectious Diseases Methylene Chloride Diacetyl and Food Flavorings with Diacetyl Hazard Communication Driving Backward Hazards
Regulatory Agenda cont’d Injury/Illness Recording and Reporting Requirements Power Transmission and Distribution Emergency Response and Preparedness Combustible Dust Confined Space in Construction
FY 2010 Toledo Fatalities • Nov 5 50’ fall from aerial lift • Nov 11 medical assistant struck by motor vehicle • Jan 20 sanitary worker struck by motor vehicle • Feb 21 head injury from CNC machine • Mar 20 head struck by bus chassis • Mar 31 crushed by forklift • July 7 crushed when roof collapsed • July 25 crushed when vehicle tipped over • Aug 4 crushed when block wall collapsed • Aug 19 bear attacked caretaker • Aug 24 tree fell on worker • Sept 17 crushed in grain auger 13 non-work related fatals- heart attacks, lacerations, gas explosion, blood clot, legionnaires disease
Region V Significant CasesGreater Than$100,000 (Federal States)
FY 2010 – ConstructionTop 10 Most Cited Standards Scaffolding Fall Protection Ladders Hazard Communication Head Protection General Safety & Health Provisions Aerial Lifts Excavation Requirements Electrical, Wiring Methods Eye & Face Protection
FY 2010 – General IndustryTop 10 Most Cited Standards Hazard Communication Respiratory Protection Lockout/Tagout Electrical, Wiring Methods Powered Industrial Trucks Electrical, General Requirements Machine Guarding Process Safety Management Personal Protective Equipment Recordkeeping
OSHA’s Cooperative Programs Alliance Program OSHA Strategic Partnership Program Voluntary Protection Programs Consultation Program & SHARP
Inspection Priorities • Imminent danger • Catastrophes • Employee complaints and referrals • Targeted inspections – high injury/illness rate industries • Follow-up inspections
OSHA Investigations Phone/Fax Site visit
Inspection Process • Presentation of credentials • Opening conference • Walk-through • Closing conference
OSHA Citations • List regulations/standards violated • Include proposed penalties • Set deadline for abatement
Contesting Citations • Must be done within 15 working days • In writing to area office • May request an informal conference
Resources www.osha.gov Duty Officers and Compliance Assistance Specialists in OSHA offices On-Site Consultation Quick Takes http://www.osha.gov/as/opa/quicktakes OSHA Quick Cards OTI and Education Centers