OSHA Update. Miriam Koesterich, MS, CSP, CIH Occupational Safety and Health Administration

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1 OSHA Update Miriam Koesterich, MS, CSP, CIH Occupational Safety and Health Administration Northeast Industrial Hygiene Conference and Exposition Princeton, NJ December 1, 2017

2 Objectives 1. New Leadership 2. Recordkeeping and Reporting 3. Walking-Working Surfaces 4. Silica 5. Beryllium 6. Safety and Health Management Systems

3 New Leadership

4 Secretary of Labor Alexander Acosta Sworn in 4/28/2017 Deputy Secretary of Labor Vacant

5 OSHA Leadership Assistant Secretary Vacant Deputy Assistant Secretary Loren Sweatt Acting Deputy Assistant Secretary Thomas Galassi

6 OSHA: More than Four Decades of Protecting the Safety and Health of Workers

7 Key Tools Enforcement Outreach Compliance Assistance

8 Rate of fatal workplace injuries Per 100,000 workers data were estimated from BLS Survey of Employers data were gathered from BLS Census of Fatal Injuries In 2006, BLS switched from employment-based calculations to hourly calculations

9 Top Ten Violations Most frequently cited OSHA regulations during inspections 1. Fall Protection 2. Hazard Communication 3. Scaffolding 4. Respiratory Protection 5. Lockout/Tagout 6. Powered Industrial Trucks 7. Ladders 8. Machine Guarding 9. Electrical Wiring Methods 10. Electrical General Requirements

10 OSHA s Continuing Mission Every year more than 4,500 Americans die from workplace injuries. Perhaps as many as 50,000 workers die from illnesses in which workplace exposures were a contributing factor. Millions of workers suffer a serious nonfatal injury or illness annually.

11 Employer Responsibility OSH Law: Workplace safety and health is the responsibility of employers Cornerstone: Prevention Set the tone: Make safety and health a workplace priority Right incentives: Reward workers for showing initiative, raising safety concerns, and participating in prevention efforts osha.gov/employers

12 Recordkeeping and Reporting

13 Electronic Submission Electronically submit injury and illness data employers already are required to record. Deadline December 15, 2017 Three options 1. Manually enter data into a webform 2. Upload a CSV file to process single or multiple establishments at the same time 3. Users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface).

14 Report a fatality or severe injury All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. A fatality must be reported within 8 hours. An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

15 How can employers report to OSHA? During business hours, call the nearest OSHA office Or call the OSHA 24-hour hotline (OSHA) Or report online at osha.gov/report Be prepared to supply: name of the establishment, location and time of the incident, names of employees affected, brief description of incident, and a contact person and phone number

16 Walking-Working Surfaces & Fall Protection Rule

17 Walking-Working Surfaces and PPE (Fall Protection) Rule Final order November 2016 Updates outdated subpart D standard, incorporating new technology & industry practices CAUTION Increases consistency with OSHA s construction standards (CFR 1926 subparts L, M, and X) Adds new provisions to Subpart I that set forth criteria requirements for personal fall protection equipment

18 Walking Working Surfaces Changes to 1910, not 1926 Subpart D - Slip, trip, and fall hazards Subpart I - Personal fall protection systems OSHA estimates that these changes will prevent 29 fatalities and 5,842 lost-workday injuries every year.

19 Walking-Working Surfaces and PPE (Fall Protection) Rule MAIN EFFECTIVE DATES Rule overall: January 17, 2017 Training: 6 months after publication Building anchorages for RDS: 1 year after publication Fixed ladder fall protection: 2 years after publication Installation of ladder safety system or personal fall arrest system on fixed ladders: 20 years after publication CAUTION

20 Walking Working Surfaces May 17, 2017: Timeline Train exposed workers on fall hazards Train workers who use equipment covered by the final rule November 20, 2017 Inspecting and certifying permanent anchorages for rope descent systems

21 Walking Working Surfaces Timeline November 19, 2018 Install personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures Ensure existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system

22 Walking Working Surfaces Timeline November 18, 2036 Replace cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet

23 Walking Working Surfaces Changes Fall protection flexibility ( (b)) Eliminates the existing mandate to use guardrails as the primary fall protection method and gives employers the flexibility to determine what method they believe will work best in their particular workplace situation. Updated scaffold requirements ( (a)) Replaces the outdated general industry scaffold standards with the requirement that employers comply with OSHA's construction scaffold standards.

24 Walking Working Surfaces Changes Phase-in of ladder safety systems or personal fall arrest systems on fixed ladders ( (b)(9)) - Equip fixed ladders (that extend over 24 feet) with ladder safety or personal fall arrest systems and prohibits the use of cages and wells as a means of fall protection after 20 years from final order.

25 Walking Working Surfaces Changes Phase-out of the "qualified climber" exception in outdoor advertising ( (b)(10)) - Phases out allowing qualified climbers in outdoor advertising to climb fixed ladders on billboards without fall protection. Phases in the requirement to equip fixed ladders (over 24 feet) with ladder safety or personal fall arrest systems.

26 Walking Working Surfaces Changes Rope descent systems (RDS) and certification of anchorages ( (b)) - Prohibits employers from using RDS at heights greater than 300 feet above grade (unless they demonstrate it is not feasible or creates a greater hazard to use any other system above that height). Building owners shall provide and employers shall obtain information that permanent anchorages used with RDS have been inspected, tested, certified, and maintained as capable of supporting at least 5,000 pounds per employee attached.

27 Walking Working Surfaces Changes Personal fall protection system performance and use requirements ( ) - Requirements on the performance, inspection, use, and maintenance of these systems (like construction, no use of body belts) Inspection of walking-working surfaces ( (d)) - Inspect walking-working surfaces regularly and as needed and correct, repair, or guard against hazardous conditions; and

28 Walking Working Surfaces Changes Training ( ) - Workers who use personal fall protection and work in other specified high hazard situations are trained, and retrained as necessary, about fall and equipment hazards, including fall protection systems. Employers must provide information and training to each worker in a manner the worker understands.

29 Walking-Working Surfaces and PPE (Fall Protection) Rule COMPLIANCE ASSISTANCE RESOURCES OSHA s new webpage on subparts D&I: Fact sheets FAQs

30 Silica

31 Silica in Construction Construction enforcement began 9/23/ Use the control methods laid out in Table 1 2. Measure workers' exposure to silica and independently decide which dust controls work best to limit exposures to the PEL in their workplaces.

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33 Silica in General Industry and Maritime & General Industry and Maritime will begin 6/23/2018 Limit worker exposures to respirable crystalline silica and to take other steps to protect workers.

34 Silica in General Industry Among other things, the standard requires: Action level = 25 µg/m 3 (8hr day) PEL = 50 µg/m 3 (8hr day) Use dust controls and Maritime & Housekeeping methods that do not create dust Written exposure control plan that identifies tasks that involve exposure and methods used to protect workers.

35 Silica in General Industry and Maritime & Among other things, the standard requires: Medical exams (including chest X-rays and lung function tests) every 3 years for workers exposed at or above the action level for 30 or more days per year; Train workers on work operations that result in silica exposure and ways to limit exposure; and Keep records of exposure measurements, objective data, and medical exams.

36 Cranes & Derricks in Construction Operator qualification and certification

37 Operator Qualification & Certification Extended to November 10, 2018: Final rule issued September 2014, extending the deadline by 3 years for crane operator certification requirements in the Cranes and Derricks in Construction standard. Final rule also extended by 3 years the employer's responsibility to ensure that crane operators are competent to operate a crane safely.

38 Workplace Violence

39 Top 5 industries reporting worker injuries from workplace violence 11,140 Healthcare & Social Assistance 1,420 Retail 960 Food Services & Accommodation 910 Transportation & Warehousing/Waste Management 810 Education LEARN HOW to assess hazards & develop individual worksite plans: Source: Bureau of Labor Statistics (2014). Survey of Occupational Injuries and Illnesses. [Intentional Injury by Person (OIICS code 11*)]

40 Prevent Workplace Violence OSHA RECOMMENDS: Policy Statement Hazard/Threat/Security assessment Workplace controls and prevention strategies Training and education Incident reporting and investigation Periodic review with employee input

41 OSHA Penalty Adjustment First time OSHA s penalties were adjusted since 1990 OSHA will adjust its civil monetary penalties annually to account for inflation

42 New Penalty Levels Adjusted Jan 17, 2017 Type of Violation Serious and Other-Than-Serious Posting Requirements Willful or Repeated New Maximum* $12,675 per violation $126,749 per violation Failure to Abate $12,675 per day beyond the abatement date *Maximum penalties will be readjusted annually for inflation.

43 Beryllium

44 Beryllium Published with a start date of March 12, 2018 (one year from original effective date) for general industry, construction, and shipyard. March 11, 2019 Provide required change rooms and showers March 10, 2020 Implement engineering controls Majority of exposure in general industry Beryllium metal and ceramic production, non-ferrous foundries, and fabrication of beryllium alloy products Construction and shipyard Abrasive blasting using slags that contain trace amounts

45 Beryllium Lightweight and strong metal Dermal and respiratory sensitizer Chronic beryllium disease (CBD) Key Provisions: Reduces PEL from 2ug/m3 to 0.2ug/m3 (TLV=0.05ug/m3) Adds STEL of 2ug/m3 (15 min) Requires engineering and work practice controls Medical exams

46 Safety and Health Management Systems osha.gov/shpguidelines

47 Safety and Health Programs 1989 Safety and Health Program Management Guidelines Updated October 2016 With lessons learned from VPP and SHARP employers; And OHSAS 18001, ANSI Z10, and ISO Shows how multiple employers on same worksite can coordinate efforts to ensure all workers are given equal protection

48 Safety and Health Programs Seven Core Elements Management leadership Worker participation Hazard identification and assessment Hazard prevention and control Education and training Program evaluation and improvement Coordination and Communication on Multi-Employer Worksites

49 Safe + Sound Campaign Transformational: Improves workplace culture Good for workers and businesses bottom line Targets small and medium-sized businesses OSHA encourages this program for every business National Safe + Sound Week: June 2017

50 Whistleblowers.gov

51 Whistleblower Protections Retaliation against workers Bad for workers and bad for business When workers fear retaliation for speaking up, problems in the workplace go unreported and become costlier to fix.

52 COMPLIANCE ASSISTANCE OSHA helping employers

53 Compliance Assistance OSHA helping employers 21 million visitors to OSHA s website in FY ,000 responses to OSHA calls for help 21,000 Spanish-speaking callers helped 16,000 requests for assistance answered 5,000 outreach activities by Regional & Area Offices 27,800 small businesses helped through Consultation

54 We

55 On-site Consultation

56 Interactive Hazard ID Safety Tool Helps small businesses learn how to identify workplace hazards Interactive features challenge users: Can you spot all the hazards? Now updated with a new healthcare scenario and two new visual inspections osha.gov/hazfinder

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58 OSHA Working with Oil & Gas Industry Tank Gauging Hazard Alert Hot Work Hazard Alert Safety Stand-Downs Updating OSHA s Oil and Gas etool

59 Fall Prevention Campaign FALLS are the leading cause of deaths in construction 37% of all construction fatalities In 2015, 648 workers were killed at work from falls to lower levels. 54% were in construction Millions of employers and workers participate in annual National Safety Stand-Down to prevent falls events nationwide

60 Stop worker falls Following a dramatic decline, communication towers-related worker deaths have risen again 3 6 Source: U.S. Department of Labor Occupational Safety and Health Administration

61 OSHA QuickTakes FREE OSHA e-newsletter delivered twice monthly to more than 170,000 subscribers Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards Sign up at

62 OSHA publications for every employer s workplace training needs

63 The Value of PREVENTION saves lives prevents injuries saves you money

64 Workplace injuries and fatalities cost our economy $198.2 billion a year. National Safety Council Injury Facts 2014

65 OSHA (6742)