La Crosse Area Safety Council La Crosse, Wisconsin October 24, 2016
Your presenter Leslie Ptak Industrial Hygienist Compliance Assistance Specialist, Madison OSHA office Ptak.Leslie@dol.gov 608-441-5388
Topics What s new with OSHA OSHA s areas of strategic interest Emphasis Programs New Safety and Health Program guidelines Changes to Part 1904 a.k.a. Recording & Reporting) Severe injury reporting Anti-retaliation Electronic reporting
What s up in Washington D.C.?
New Penalty Structure First change in penalty structure since 1990 Violations classified as serious $7,000 to $12,471 Violations classified as willful or repeat $70,000 to $124,709 Includes annual adjustments for inflation Applies to all citations issued after August 1, 2016
Memorandum of Understanding Justice Department & U.S. Attorney's Offices OSHA, Wage and Hour & MSHA To investigate and prosecute worker endangerment violations
Severe Violators Enforcement Program 1. FATCAT: > 1 W, R, FTA related to the incident 2. High Emphasis Hazard: > 2 W, R, or FTA related to HE hazards 3. Potential Release of Highly Hazardous Chemical: > 3 W,R, or FTA related to hazards of the chemical release 4. All Egregious cases
SVEP High Emphasis Hazards: Fall Hazards Amputation Hazards Combustible Dust Hazards Crystalline Silica Hazards Lead Hazards Excavation/Trenching Hazards Shipbreaking Grain Handling Oil & Gas Process Safety Management
Inpatient Healthcare Settings NAICS Major Groups 622XXX and 623XXX www.osha.gov/dep/enforcement/inpatient_insp_06252015.html Applies to hospitals and nursing and residential care facilities All inspections will cover these hazards: Musculoskeletal disorders relating to patient or resident handling Workplace violence Bloodborne pathogens Tuberculosis and Slips, trips and falls
Temporary Employees, Joint Employers & Joint Responsibilities Staffing Agency Temp Host/Client Worker = Safety & Health Responsibilities
www.osha.gov/temp_workers/index.html
Training must be understandable In practical terms, this means that an employer must instruct its employees using both a language and vocabulary that the employees can understand. If an employee does not speak or comprehend English, instruction must be provided in a language the employee can understand. If the employee's vocabulary is limited, the training must account for that limitation. If employees are not literate, telling them to read training materials will not satisfy the employer's training obligation.
Wisconsin Inspection Statistics October 1, 2015 September 30, 2016 Wisconsin did 1,142 inspections 425 construction; 717 general industry 22 fatality investigations 2394 complaints/referrals received; 759 inspected 503 Severe injury reports; 174 inspected 73% of violations had penalties assessed Average violations/inspection was 2.64 Average assessed penalty/violation was $3,679
National Emphasis Programs Chemical Plants /PSM Amputations Trenching & Excavation Crystalline Silica Lead Combustible Dust Federal Agencies Hexavalent Chromium Primary Metal Industries
Local Emphasis Programs, Region V Fall hazards in construction & general industry, especially ladders Grain handling facilities Powered industrial vehicles Building renovation & rehabilitation Primary metal industries Dairy farm operations Federal agencies Carbon monoxide in construction Wood pallet manufacturers
https://www.osha.gov/shpguidelines/index.html
Safety and Health Programs 1. Management commitment 2. Employee engagement, including staffing employees and contractors 3. Establish ways to find safety issues 4. Establish ways to fix safety issues 1. Communicate commitment to a safety and health program 2. Define program goals 3. Allocate resources 4. Expect performance
1. S&H issue arises 2. Employee wants action 5. Employee gets feedback about action 3. Employee tells Employer 4. Employer takes action
OSHA Onsite Consultation Services Offer free and confidential advice to small businesses, which are totally separate from enforcement and do not result in penalties or citations. 1-800-947-0553 Small = 250 employees or less at one location or no more than 500 employees corporate-wide. Wisconsin State Lab of Hygiene runs the program, http://www.slh.wisc.edu/wiscon/.
Distracted Driving In 2014, Wisconsin experienced 97 work related fatalities and 38 were transportation incidents. http://www.osha.gov/distracted-driving/index.html
www.osha.gov/sltc/workplaceviolence/index.html
Hazard Communication Standard The GHS revision is now fully in effect 1. Written Program 2. Safety Data Sheets 3. Labels 4. Training.
Subpart AA Information Exchange This is how general industry gets pulled into the standard Host Employer Pre entry Post entry Pre entry Sub Contractor Controlling Contractor Post entry Pre entry Coordinate during entry Post entry Sub Contractor
Concentration µg/m³ Revised Silica Standard Exposure Limits 8-hr Time-Weighted Averages 50 25 PEL = 50 µg/m³ AL = 25 µg/m³ Comply with standard Need to conduct exposure assessments of exposed workers No action required 0 7 8 9 10 11 12 1 2 3 am noon pm Time
General Industry/Maritime Standard Permissible exposure limit (PEL) Exposure assessment always keep at it until < AL Regulated areas - > PEL Methods of compliance for each task - > PEL (1) Engineering and work practice controls (2) Written exposure control plan Respiratory protection - > PEL Housekeeping - always Medical surveillance - > AL more than 30 days/year Communication of silica hazards - always Recordkeeping
General Industry/Maritime Compliance Dates Employers must comply with all requirements of the standard by June 23, 2018, except: Employers must comply with the action level trigger for medical surveillance by June 23, 2020. (The PEL is the trigger from June 23, 2018 through June 23, 2020.) Hydraulic fracturing operations in the oil and gas industry must implement engineering controls to limit exposures to the new PEL by June 23, 2021.
Construction Standard Flexible alternatives Conduct representative exposure assessments Decide which engineering controls to use Select respiratory protection to use Notify employees of air monitoring Written exposure control plan Medical surveillance for employees required to use a respirator for 30 days per year Hazard communication Recordkeeping
Construction Standard Flexible alternatives Conduct representative exposure assessments Decide which engineering controls to use Select respiratory protection to use Notify employees of air monitoring Written exposure control plan Medical surveillance for employees required to use a respirator for 30 days per year Hazard communication Recordkeeping
Fully and Properly Implementing Controls Specified on Table 1 Presence of controls is not sufficient. Employers are required to ensure that: Controls are present and maintained Employees understand the proper use of those controls and use them accordingly 32
Construction Compliance Dates Employers must comply with all requirements (except methods of sample analysis) by June 23, 2017 Compliance with methods of sample analysis required by June 23, 2018 33
First Revision to Part 1904 Took effect January 1, 2015 Severe Injury Reporting
Severe Injury Reporting Program As of January 1, 2015: All employers are required to notify OSHA when an employee is killed on the job or suffers a workrelated 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.
Employers do not have to report a Is not work related case that: Resulted from a motor vehicle accident on a public street except in a construction work zone Occurred on a commercial or public transportation system Is a death that occurred more than 30 days after the incident Is a hospitalization/amputation/loss of an eye that occurred 24 hours after the incident
Reports must include the following: Establishment name Location of the work-related incident Time of the work-related incident Type of reportable event (i.e., fatality, amputation, etc.) Names of employees with reportable cases Employers contact person and telephone # Brief description of the incident
How can employers report to OSHA? By telephone to the nearest OSHA office during normal business hours. By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742). Online: www.osha.gov/report.html
Should we inspect this place?
Inspection or RRI? Inspection same old, run of the mill, no advanced notice inspection Rapid Response Investigation (RRI) looks like OSHA s nonformal complaint investigations OSHA sends the employer a letter explaining they have five days to respond Optional investigation form OSHA decides if the response is satisfactory; OSHA reserves the right to open an inspection
Employer calls in case & OSHA decides: Inspection or RRI? Category One All fatalities Reports of 2 or more hospitalizations Worker is under 18 years of age Repeat offenders (significant OSHA history, SVEP, whistleblower cases) Emphasis program hazard Any imminent danger
Employer calls in case & OSHA decides: Inspection or RRI? Category Two Does not involve Category One incidents Area Director has discretion whether to inspect Has abatement begun, does it sound satisfactory? Are there other employees still exposed? Was the incident the result of a safety program failure? For instance, LOTO, PRCS or PSM? Is the case related to a potentially catastrophic hazard (dust, explosives, falls, air contaminants) Are vulnerable workers involved?
Employer calls in case & OSHA decides: Inspection or RRI? Category Three Does not involve Category One or Two incidents
Most listed phrases on WKC-12 forms: finger amputated while making adjustments amputated while servicing machine amputated while troubleshooting amputation while reaching into amputation while replacing amputation while clearing a jam reached under the guard to remove a jammed adjusting with the guard open hand made contact with while cleaning off
The minor servicing exception to LOTO (1910.147) is not an exception to protecting employees from moving parts
2 nd Revision to Part 1904 Electronic Reporting Effective August 10, 2016
Electronic Reporting 1904.41(a)(2) covered Industries Ag., forestry and fishing (NAICS 11) Utilities (NAICS 22) Construction (NAICS 23) Manufacturing (NAICS 31-33) Wholesale Trade (NAICS 42) Industry groups (4-digit NAICS) with a three year average DART rate of 2.0 or greater in the Retail, Transportation, Information, Finance, Real Estate and Service sectors.
Electronic Reporting Submission year Establishments with 250 or more employees in industries covered by the recordkeeping rule Establishments with 20-249 employees In select industries Submission deadline 2017 CY 2016 300A Form 2018 2019 & beyond CY 2017 300A, 300, 301* Forms CY 2016 300A Form CY 2017 300A Form 300A, 300, 301* Forms 300A Form July 1, 2017 July 1, 2018 March 2 of every year *WKC-12 is equivalent to the 301
3rd Revision to Part 1904 Anti-Retaliation Enforcement delayed until December 1, 2016
Anti-Retaliation Provisions 1. 1904.35 (Employee Involvement) makes it a violation for an employer to discourage employee reporting of injuries and illnesses. 2. Employers must inform employees of their right to report work-related injuries and illnesses free from retaliation. This obligation may be met by posting the OSHA It s The Law worker rights poster v. April 2015 or later. Enforcement is delayed of the anti-retaliation provisions until December 1, 2016.
OSHA Notice, version April 2015 Available in ten different languages Free from the OSHA web site: http://www.osha.gov/pl s/publications/publicati on.html
Anti-Retaliation Provision 1904.35 (Prohibition against retaliation) An employer may not retaliate against employees for reporting work-related injuries or illnesses. OSHA will be able to cite an employer for retaliation This rule does not ban incentive programs. However, employers must not create incentive programs that deter or discourage an employee from reporting an injury or illness. The rule does not ban drug testing of employees. It only bans employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses.
Free OSHA e-newsletter delivered twice monthly to more than 110,000 subscribers Latest news about OSHA initiatives and products to help employers and workers find and prevent workplace hazards Sign up at https://www.osha.gov/as/opa/quicktakes/inde x.html
www.wisconsinasbestosconference.org
United States of OSHA Any questions?