ASSE OSHA National Office Update March 2010

1. ASSE OSHA National Office Update March 2010 Richard E. Fairfax, CIH Director, Enforcement Programs Acting Director - Construction

2. FY 2010 (Oct 1 – Mar 22)Federal OSHA Inspection Data

3. FY 2006 – FY 2010Inspections Conducted

4. FY 2010Inspections ConductedRegional Planned vs. Actual Report Planned Insps – 18,875 Actual Insps - 17,207 Difference -1,668

5. FY 2006 – FY 2010% Programmed vs. % Unprogrammed

6. FY 2006 – FY 2010Percent Complaint Inspections

7. FY 2006 – FY 2010% Inspections In-Compliance

8. FY 2006 – FY 2010Total Violations Issued

9. FY 2006 – FY 2010% Total Violations Issued As Serious

10. FY 2006 – FY 2010% Total Violations Issued As Serious, Willful, Repeat, & Unclass

11. FY 2006 – FY2010% NIC Inspections With Only Other-Than-Serious Violations Cited

12. FY 2006 – FY 2010Percent Inspections With Violations Contested

13. FY 2006 – FY 2010Average Penalty Per Serious Violation

14. FY 2006 – FY 2010Percent Construction Inspections

15. FY 2006 – FY 2010Significant Cases

16. Significant Cases

17. Egregious Cases

18. FY 2006 – FY 2010Fatality Investigations

19. Hazard Communication Respiratory Protection Lockout/Tagout Electrical, Wiring Methods Powered Industrial Trucks Electrical, General Requirements Machine Guarding Process Safety Management Personal Protective Equipment Recordkeeping FY 2010 – General IndustryTop 10 Most Cited Standards

20. Scaffolding Fall Protection Ladders Hazard Communication Head Protection General Safety & Health Provisions Aerial Lifts Excavation Requirements Electrical, Wiring Methods Eye & Face Protection FY 2010 – ConstructionTop 10 Most Cited Standards

21. DOC Activities • Almost all efforts are focused on finishing the Cranes and Derricks Standard • Final rule expected this summer • Developing a Nail Gun safe use guidance document • Materials and support for the Hispanic Conference in April

22. Confined Spaced - Construction • Confined Spaces in Construction • Final rule preamble is currently being drafted • Anticipated final publication date is being determined

23. Construction Services Projects • Training course for compliance officers on work zone safety • Masonry construction safety guidance document • Skylight floor hole opening quick card • Elevator construction guidance document • Demolition operations guidance document

24. Construction Services Projects • Quick card – construction site sanitation • Construction electrical safety guidance document • Underground construction guidance document • Crane initiative • Fall protection initiative

25. Construction Services Projects • Trenching and excavation initiative • Shotcrete/gunite fact sheets • Looking at rescinding residential construction directive • ACCSH to meet April 12th to 16th in Houston

26. DEP Activities • SVEP • The following circumstances will be reviewed as a possible SVEP case: • A fatality or catastrophe situation, • In industry operations or processes that expose employees to the most severe occupational hazards and those identified as “High-Emphasis Hazards,” • Exposing employees to hazards related to the potential release of a highly hazardous chemical, or • All egregious enforcement actions.

27. DEP Activities • SVEP • “High-Emphasis Hazards” means only high gravity serious violations of specific standards covered under falls or the following NEPs: • amputations, • combustible dust, • crystalline silica, • lead, • excavation/ trenching, and • shipbreaking, • Regardless of the type of inspection being conducted. Low and moderate gravity violations will not be considered for a SVEP case.

28. DEP Activities • The SVEP also includes the following action elements for employers who meet the SVEP criteria. • Enhanced follow-up inspections, • Nationwide referrals, which will include State Plan States, • Increased company awareness, which will include issuing News Releases, • Enhanced settlement provisions, and • Increased use of Federal court enforcement action (contempt of court) under Sec. 11(b) of the OSH Act.

29. DEP Activities • Corporate Wide Settlement Agreements • Tied into the SVEP • Looking for systemic patterns of violations • OSHA can now approach employers to enter into a corporate agreement • Directive is out for review and concurrence

30. DEP Activities • OSHA Penalties • OSHA is exploring changing administrative reductions and informal settlement agreement reductions

31. DEP Activities • PSM Projects • Chemical Plant NEP • Refinery NEP • Meer Directive being redrafted • Flammables in atmospheric tanks – focuses also on process vs. storage tanks • Reactives Directive – drafting in progress

32. DEP Activities • NEP – high hazard facilities – reviewing Regional comments • Isocyanates NEP • Replaces the asthmagens NEP • Updating the TB Compliance Directive and the Bloodborne pathogens compliance directive • Evaluating the Amputations NEP

33. DEP Activities • IH Chapter for the FOM vs. IH FOM • Change 1 to the FOM • NEP for Hexavalent Chromium – in final clearance

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