OSHA - OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION

2. OSHA - OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION • Barbara Smith • Industrial Hygienist • Calumet City Area Office • (708) 891-3800

3. EnforcementRegion V • Federal • Illinois, Ohio, Wisconsin • Except employees of “local” Government • State Plans • Indiana, Michigan, Minnesota

4. OFFICES in ILLINOIS • AURORA - (630) 896-8700 • CALUMET CITY - (708) 891-3800 • CHICAGO NORTH - (847) 803-4800 • PEORIA - (309) 589-7033 • FAIRVIEW HEIGHTS - (618) 632-8612 • REGION V - (312) 353-2220

5. OSHA at 40 • Dr. Michaels’ Vision • Stronger enforcement: Some employers need incentives to do the right thing. • Increased Penalties • Ensure that workers have a voice • Refocus and strengthen our compliance assistance programs • Change workplace culture: Employers must “find and fix” workplace hazards • I2P2 – Injury and Illness Prevention Program

7. Topics Regulatory / Unified Agenda • Combustible Dust • I2P2 Other Topics • Incentive Programs • New Penalties

8. Combustible Dust • Published ANPRM 10/21/09 • Held Stakeholder meetings • December 2009, Washington, DC • February 2010, Atlanta, GA, • April 2010, Chicago, IL • June 2010 Virtual stakeholder meeting • Expert Dust Forum May 13th, 2011 • Next step: “Small Business Regulatory Enforcement Fairness Act” (SBREFA) • Fiscal Impact Study

9. Issues Raised in Combustible Dust Stakeholder Meetings • One size does not fit all – not all dusts are the same • Differing opinions on how to define combustible dust • Debate over a performance-based vs. specification-oriented standard • Some did not want outright adoption of NFPA standards

10. INJURY and ILLNESS PREVENTION PROGRAM(I2P2)

11. Injury & Illness Prevention Programs – Purpose • To provide tools for employers and workers to find and fix their own workplace hazards. • To enhance workers’ voice in the process. • Require employers to implement their own process to proactively address workplace hazards.

12. State OSHA Programs with I2P2 Requirements • California (CalOSHA) • Washington – Division of Occupational Safety and Health (DOSH) • Accident Prevention Program • Minnesota (MnOSHA) • A Workplace Accident and Injury Program • (AWAIR)

13. Cal OSHA 8CCR 3203 (Model Program Elements) Responsibility Compliance Communication Hazard Assessment Accident / Exposure Investigation Hazard Correction Training (Instruction) Recordkeeping Safety and Health Program Management Guidelines (1/26/89) VPP Elements Management Commitment Employee Involvement Worksite Analysis Hazard Prevention / Control Training (Understanding) I2P2 MODELs

14. Injury and Illness Prevention Programs • Stakeholder meetings: • June 3, 2010; East Brunswick, NJ • June 10, 2010; Dallas, TX • June 29, 2010; Washington, DC • July 20, 2010: Washington, DC • August 2, 2010: Sacramento, CA • Next Step: Initiate SBREFA June 2011 • Currently in “Pre-Rule” Stage (Regulatory Agenda) • Stakeholder meeting notes summaries link: • https://www.osha.gov/dsg/topics/safetyhealth/index.html

15. Comments Raised in I2P2 Stakeholder Meetings • The standards should be flexible yet enforceable • The standards should be simple yet detailed • Safety committees are effective, yet may run afoul of the NLRA • Management systems are desirable, yet small businesses may not implement them • Write a performance standard yet tell employers and compliance officers exactly what is required • Everyone should have a written program, yet written programs tend to sit on a shelf

16. Incentive Programs

17. Incentive Programs • Based on Injury / Illness Rates • Managers and / or Employees • Bonuses / Lunches / Hourly Incentives… • Do they INHIBIT the reporting of Accidents / Incidents ?

18. What Are Incentives? • A mechanism for inducing someone (as employees) to do something • Lower DART, No Lost Time, etc • Dr. Michaels – “Unfortunately, it appears that there are many employers, particularly in high-hazard industries, that have implemented programs, inadvertently or by design, that discourage injury reporting.”

19. Safety Incentives Gone Wrong • In a Missouri food warehouse, 150 workers load and unload trucks, lift boxes, drive fork trucks, and move endless pallets • Each month that no one reports an injury, all workers receive prizes, such as $50 gift certificates • If someone reports an injury, no prizes are given that month • But it gets worse….

20. Safety Incentives Gone Wrong • Last year, management added a new element to this “safety incentive” program: • If a worker reported an injury, not only would co-workers forgo monthly prizes but the injured worker had to wear a fluorescent orange vest for a week • The vest identified the worker as a safety problem, and alerted co-workers: he lost you your prizes

21. Do Incentives Work… Or Not? • You often get what you measure - especially when there are large financial incentives • One Plant Manager received $250,000 for achieving a lower DART rate at the plant • Several safety managers report it is the only criteria for bonuses up to $25,000 • Management by Objective is dominant in all aspects of business • Quality, Sales, Production, Safety

22. Dr. Michaels “If accurate injury records are not compiled because workers believe they will be fired for reporting an injury, or supervisors fear they will lose their bonuses or even their jobs if workers report injuries, real safety is not being achieved.”

23. Dr. Michaels “Depending on the environment, workers may fear being fired if they report an injury, or may be pressured by co-workers not to report in order not to jeopardize a group reward.”

24. Another Example • Injured employees are put on restricted duty • Then they are restricted to working only 36 hours per week • This causes the employees to lose money while they are on restricted work • In addition to losing hours and consequently, money, the employees cannot work or earn overtime while on restricted work • So the employees counter by…..

25. Another Example cont. • Employees on restricted work tell the company doctor they are feeling better when they are not so they can go back to full time and their regular pay • It was also learned during employee interviews that employees have made deals with their supervisors to go on restricted work without telling the Nurse’s Clinic so they do not have to lose hours and, therefore, money because they cannot afford it

26. NEW Penalties

27. Increased Penalties Background • OSHA penalties have not been adjusted for over two decades • Work group assembled to evaluate the Agency’s penalty policies • Conclusion of the work group – current penalties are too low to have an adequate deterrent effect • New changes announced April 22, 2010

28. Gravity-Based Penalty Size History Good Faith Increased Minimum Penalties Severe Violator Enforcement Program Repeat Violations Informal Conference Consideration Application of penalty adjustmentfactors Administrative Penalty Changes

29. Gravity-Based Penalty

30. Size

31. History

32. Good Faith • New policy will retain evaluating an employers safety and health program • The additional 10% reduction for participation in a strategic partnership has been eliminated

33. Increased Minimum Penalties • Minimum penalty for a serious is increasing from $100 to $500 • Minimum penalty for a posting violation will increase from $100 to $250 if the company was previously provided a poster by OSHA

34. Repeat Violations

35. Informal Conference Consideration

36. OSHA Resources • OSHA • www.osha.gov • 1-800-321-OSHA (hot line) • Consultation Programs • 800-972-4216 / (312) 814-2337 • www2.illinoisbiz.biz/osha/index.htm • Indiana – INSafe (317) 232-2688 • www.in.gov/dol/insafe.htm

37. Questions