Kelly Bubolz Compliance Assistance Specialist Appleton OSHA Office January 15, 2013

Transcription

1 OSHA Update Changes and Compliance Kelly Bubolz Compliance Assistance Specialist Appleton OSHA Office January 15, 2013

2 Objectives Regulatory Agenda Emphasis Programs and Targeting for 2013 New Regulations Hazard Communication Inspection Data Resources You Can Use

3 Regulatory Agenda Injury and Illness Prevention Program Confined Space in Construction Silica Beryllium PELs (Permissible Exposure Limits) Infectious Diseases Modernizing Recordkeeping Electronic Reporting

4 Preliminary Rulemaking Activities Development of the Proposed Rule Site visits Stakeholder meetings RFI or ANPR SBREFA Public Comment Publication of the Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule Implementation The OSHA Rulemaking Process

5 Tracking OSHA Activity Regulatory Agenda Find information on Planned/Proposed OSHA Initiatives Thirty Entries for OSHA Agency Rule List - Fall 2011

6 Tracking OSHA Activity

7 Emphasis Programs

8 Region 5 Emphasis Programs in General Industry for 2013 Powered Industrial Vehicles (PIVs) Lead Silica Site Specific Targeting (SST) Combustible Dust Amputations Chemical Plants/Process Safety Flavorings (Diacetyl, VOCs Furfural, Acetic Acid, Acetoin,) Primary Metals Grain Handling Nursing Homes Dairy Farms (WI) Shipbreaking Federal Agencies High Rate of Lost Time Injuries

9 Emphasis Programs in Construction for 2013 Falls / Ladders Trenches Silica Lead PIV s* (Powered Industrial Vehicles) Forklifts, Skid Steers, Earth Moving Equipment that has been modified to accept forks, such as Front End Loaders Building Renovation/Rehab (MKE, APL, MAD) Construction Targeting UTenn: Dodge Report * Complaint Based or Observed During an Inspection

10 Residential Construction OSHA has Extended its temporary enforcement measures in residential construction. The temporary enforcement measures, now extended through March 15, 2013

11 Emphasis Programs in Isocynates Development

12 Inspections will be conducted if: Workplace violence results in a worker fatality or three or more hospitalizations. An employee files a workplace violence complaint. The company is in an industry with known risk factors for workplace violence.

13 Recent News GHS HazCom 2012 On March 26, 2012 OSHA adopted GHS, the Globally Harmonized System of Classification and Labeling of Chemicals.

14 GHS Notable Changes Primary Changes in HazCom 1. Container Labeling 2. Material Safety Data Sheets 3. Employee Training

15 Organization of the Final (a) Purpose (b) Scope and Application Rule (c) Definitions (d) Hazard Classification (e) Written Hazard Communication Program (f) Labels and Other Forms of Warning (g) Safety Data Sheets (h) Employee Information and Training (i) Trade Secrets (j) Effective Dates

16 Hazard Classification: Classification Provisions Chemical manufacturers and importers must classify each chemical they produce or import: Determine the appropriate hazard classes and associated hazard categories Base this on an evaluation of the full range of available data/evidence on the chemical (no testing is required) Use Appendix A for health hazard criteria and Appendix B for physical hazard criteria The introduction to Appendix A provides the general approach to classification, including bridging principles

17 Health Hazards Hazard Class Hazard Category Acute Toxicity Skin Corrosion/Irritation 1A 1B 1C 2 Serious Eye Damage/ Eye Irritation 1 2A 2B Respiratory or Skin Sensitization 1 Germ Cell Mutagenicity 1A 1B 2 Carcinogenicity 1A 1B 2 Reproductive Toxicity 1A 1B 2 Lactation STOT Single Exposure STOT Repeated Exposure 1 2 Aspiration 1 17 Simple Asphyxiants Single Category

18 Physical Hazards Hazard Class Explosives Unstable Explosives Flammable Gases 1 2 Flammable Aerosols 1 2 Oxidizing Gases 1 Hazard Category Gases under Pressure 1 Compressed Gases Liquefied Gases Refrigerated Liquefied Gases Dissolved Gases Flammable Liquids Div 1.1 Div 1.2 Div 1.3 Div 1.4 Div 1.5 Div 1.6 Self-Reactive Chemicals Type A Type B Type C Type D Type E Type F Type G Pyrophoric Liquids 1 Pyrophoric Solid 1 Pyrophoric Gases Single category Self-heating Chemicals 1 2 Chemicals, which in contact with water, emit flammable gases Oxidizing Liquids Oxidizing Solids Organic Peroxides Type A Type B Type C Type D Type E Type F Type G Corrosive to Metals 1 Combustible Dusts Single Category 18

19 Flammable Liquids Classified Appendix B. 6

20 Written Program OSHA did not modify the written hazard communication requirements except for minor terminology edits.

21 Workplace Labeling OSHA is maintaining the approach used in the current HCS that allows employers to use workplace-specific labeling systems as long as they provide the required information However, such workplace label systems may need to be updated to make sure the information is consistent with the new classifications NFPA/HMIS Systems - (ratings systems v. classification)

22 Labels Product identifier Signal words Hazard statements Pictograms Precautionary statements Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party

23 Harmonized Information Pictogram means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category.

24 24 Pictograms

25 Pictograms Red borders required No blank pictograms

26 Safety Data Sheets 16-section safety data sheet (SDS) Several sections will not be mandatory since they address information outside OSHA s jurisdiction (Sections 12-15) 15) A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section

27 Safety Data Sheet Format 1. Identification of the substance or mixture and of the supplier 2. Hazards identification 3. Composition/information on ingredients 4. First-aid measures 5. Fire-fighting measures 6. Accidental release measures 7. Handling and storage 8. Exposure controls/personal protection. 9. Physical and chemical properties 10. Stability and reactivity 11. Toxicological information 12. Ecological information (non-mandatory) 13. Disposal considerations (non-mandatory) 14. Transport information (non-mandatory) 15. Regulatory information (non-mandatory) 16. Other information, including date of preparation or last revision

28 Safety Data Sheet Example

29 GHS Implementation Dates Effective Completion Date Requirement(s) Who Train employees on the new label elements and SDS Employers December 1, 2013 format. June 1, 2015 Comply with all modified provisions of this final rule, except distributor extension Chemical manufacturers, importers, distributors and employers Distributors may ship products labeled by manufacturers under the old system December 1, 2015 until December 1, Update alternative workplace labeling and hazard Employers June 1, 2016 communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Transition Period Comply with either 29 CFR (this final standard), or the current standard, or both. All chemical manufacturers, importers, distributors and employers

30 OSHA S Enforcement Directive? In Review

31 Trends regarding OSHA Enforcement Initiatives In 2010, OSHA implemented a new penalty guidelines The average proposed penalty for serious violations more than doubled in significant cases were filed in 2012, a 31% increase compared to OSHA will be more aggressively issuing repeat citations, since the time constraint qualifying repeat violations has increased from 3 to 5 years.

32 More inspections. OSHA estimates it will conduct 41,000 inspections from October 1, 2011, to September 30, That s a 6.5 percent increase from the number of inspections conducted during fiscal 2010.

33 Top 10 Most Cited Standards General Industry - FY Hazard Communication 2. Respiratory Protection 3. Lockout/Tagout 4. Electrical, Wiring Methods 5. Powered Industrial Trucks 6. Electrical, General Requirements 7. Machine Guarding 8. Recordkeeping 9. Personal Protective Equipment 10. Mechanical Power Transmission Apparatus

34 Top 10 Most Cited Standards Construction Industry - FY Scaffolding 2. Fall Protection 3. Ladders 4. Fall Protection, Training Requirements 5. Hazard Communication 6. Head Protection 7. General Safety & Health Provisions 8. Aerial Lifts 9. Eye & Face Protection 10. Specific Excavation Requirements

35 FY 2012 End of Year Federal OSHA Inspection Data

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37 FY 2007 FY 2012 Fatality Investigations 1,250 1, , FY07 FY08 FY09 FY10 FY11 FY12

38 FY 2007 FY 2012 Inspections Conducted 50,000 40,000 39,324 38,667 39,004 40,993 40,648 40,961 30,000 20,000 10,000 0 FY07 FY08 FY09 FY10 FY11 FY12

39 FY 2007 FY 2012 % Programmed vs. % Unprogrammed 100% 80% 60% 40% 59% 60% 62% 41% 40% 38% 60% 58% 56% 40% 42% 44% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12 Programmed Unprogrammed

40 FY 2007 FY 2012 % Complaint Inspections 100% 80% 60% 40% 20% 18% 17% 17% 20% 21% 23% 0% FY07 FY08 FY09 FY10 FY11 FY12

41 FY 2007 FY 2012 % Follow-Up Inspections 20% 15% 10% 5% 2% 2% 3% 3% 3% 3% 0% FY07 FY08 FY09 FY10 FY11 FY12

42 FY 2007 FY 2012 % Inspections In-Compliance 100% 80% 60% 40% 26% 23% 25% 23% 24% 24% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12

43 FY 2007 FY 2012 Total Violations Issued 120, ,000 80,000 60,000 40,000 20,000 88,846 87,210 87,663 96,742 85,513 78,727 0 FY07 FY08 FY09 FY10 FY11 FY12

44 FY 2007 FY 2012 % Total Violations Issued As Serious 100% 80% 76% 77% 77% 77% 73% 73% 60% 40% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12

45 FY 2007 FY 2012 Average Current Penalty Per Serious Violation $2,500 $2,133 $2,153 $2,000 $1,500 $1,000 $918 $998 $970 $1,053 $500 $0 FY07 FY08 FY09 FY10 FY11 FY12

46 FY 2007 FY 2012 % Construction Inspections 100% 80% 60% 59% 60% 61% 60% 56% 55% 40% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12

47 FY 2007 FY 2012 Significant Cases FY07 FY08 FY09 FY10 FY11* FY12* * FY 11 & FY 12 figures include cases under OSHA s revised significant case procedures and new penalty system.

48 OSHA Web Page Visit this page frequently as information is constantly changing 48

49 Data & Statistics located on the left side of the OSHA Web page Employment Specific Injury & Illness Rates Provides the ability to search an establishment s previous TCR, DART and DAFWII rates 49

50 Safety and Health Resources Web Page Assistance Compliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA s website. Quick Start currently includes modules for: General Industry Construction Health Care Hispanic Outreach By following the step-by-step guides, you can generate an initial set of compliance assistance materials tailored to your workplace

51 Wisconsin OSHA Safety Newsletter Construction and General Industry Published 3-4 times each year Focuses on upcoming and hot topics Provides Regional fatality data and most frequently cited issues

52 New Outreach Topics OSHA at a Glance Noise in Construction Hazards of Hair Smoothing Products Respirator Small Entity Compliance Guide All About OSHA

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54 Wisconsin Compliance Assistance Specialists Kelly Bubolz Leslie Ptak U. S. Dept. of Labor - OSHA U. S. Dept. of Labor - OSHA 1648 Tri Park Way 4802 E. Broadway Appleton, WI Madison, WI (920) (608) Mary Bauer Jim Lutz U. S. Dept. Of Labor - OSHA U. S. Dept. of Labor - OSHA 1310 W. Clairemont Ave 310 W. Wisconsin Ave Eau Claire, WI Milwaukee, WI (715) (414)

55 Questions