Recent OSHA Changes and What Employers Need to Know Presented by: Denise Greathouse Michael Best & Friedrich LLP President Trump puts Freeze on New Regulations White House issued a memorandum to freeze new or pending regulations giving the new administration time to review them. Standard move for a new administration taking over from the other party. There are regulations that have been published but have not reached their effective date. The memo instructs those regulations to be delayed for 60 days for review with a potential that a new notice for reopening the regulation could occur. 1
Maximum Penalties per Violation Violation Level Former Maximum Penalty Maximum Penalty (Eff. 8/1/16) Maximum Penalty (Eff. 1/13/17) Maximum Penalty (Eff. 1/2/18)* Serious $ 7,000 $ 12,471 $ 12,675 $12,934 Other Than Serious Willful or Repeated Posting Requirements $ 7,000 $ 12,471 $ 12,675 $12,934 $70,000 $124,709 $126,749 $129,336 $ 7,000 $ 12,471 $ 12,675 $12,934 Failure to Abate $7,000 per day unabated beyond the abatement date [generally limited to 30 days maximum] $12,471 per day unabated beyond the abatement date [generally limited to 30 days maximum] $12,675 per day unabated beyond the abatement date [generally limited to 30 days maximum] $12,934 per day unabated beyond the abatement date [generally limited to 30 days maximum] Top Violations FY 2017 Inspections Violations 1926.501 Fall Protection 6,072 1910.1200 Hazard Communication 4,176 1926.451 Scaffolding 3,288 1910.134 Respiratory Protection 3,097 1910.147 Lockout/Tagout 2,877 1926.1053 Ladders 2,241 1910.178 Powered Industrial Trucks 2,162 1910.212 Machine Guarding 1,933 1926.503 Fall Protection Training Requirements 1,523 1910.305 Electrical Wiring Methods 1,405 2
PUBLIC REPORTING OF EMPLOYEE INJURY AND ILLNESS RECORDS Final Rule to Improve Tracking of Workplace Injuries and Illnesses The new rule requires certain employers to electronically submit injury and illness data to OSHA, which they are already required to keep under OSHA regulations. The content of these establishment specific submissions depends on the size and industry of the employer. In order to ensure the completeness and accuracy of injury and illness data collected by employers and reported to OSHA, the final rule also: 1. requires employers to inform employees of their right to report work related injuries and illnesses free from retaliation; 2. clarifies the existing implicit requirement that an employer's procedure for reporting work related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and 3. incorporates the existing statutory prohibition on retaliating against employees for reporting work related injuries or illnesses. 3
29 CFR 1904.41 Electronic submission of injury and illness records (a) Basic Requirements (1) Annual electronic submission of part 1904 records by establishments with 250 or more employees. If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from the three recordkeeping forms that you keep under this part (OSHA Form 300A Summary of Work Related Injuries and Illnesses, OSHA Form 300 Log of Work Related Injuries and Illnesses, and OSHA Form 301 Injury and Illness Incident Report) to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms. (2) Annual electronic submission of OSHA Form 300A Summary of Work Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form. (3) Electronic submission of part 1904 records upon notification. Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee. Electronic Injury/Illness Reporting Goal: Improve Tracking of Workplace Injuries and Illnesses Requires reporting of illness and injury data to OSHA for publication on OSHA website: Filing Deadline # of Employees Forms December 15, 2017 > 20 OSHA 300A July 1, 2018 20 249 OSHA 300A July 1, 2018 > 250 OSHA 300A, 300 and 301* Beginning in 2019 and > 20 OSHA 300A every year thereafter submit by March 2 nd Lawsuit Pending 4
The Importance of Knowing Your Establishment Size Reporting requirements based on establishment size Not based on the total size of the company A company may have one or more establishments Establishment is defined as a single physical location where Business is conducted or Services or industrial operations performed Reporting required for these Industries with 20 to 249 employees michaelbest.com 10 5
Use OSHA s Injury Tracking Application (ITA) for the Electronic Submission of Injury and Illness Records https://www.osha.gov/injuryreporting/ita/ 6
If a work related injury or illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log Medical treatment means the management and care of a patient to combat disease or disorder 7
When is it First Aid First aid is usually administered after the injury or illness occurs and at the location (e.g., workplace) where the injury or illness occurred. First aid generally consists of one time or short term treatment. First aid treatments are usually simple and require little or no technology. First aid can be administered by people with little training (beyond first aid training) and even by the injured or ill person. First aid is usually administered to keep the condition from worsening, while the injured or ill person is awaiting medical treatment. OSHA Interpretation on Cold Compression Therapy (December, 2017) Cold Compression Therapy includes: Cold therapy Non rigid wraps and Compression 8
Retention and Updating OSHA 300, 300A and 301 OSHA 300 Form OSHA 300A Form OSHA 301 Form Must be saved for 5 years Must be updated during the 5 year period Not required to update (not prohibited) Not required to update (not prohibited) RECENT REGULATION CHANGES 9
Silica Rule Effective June 23, 2016 Established new PEL of 50 μg/m 3 September 23, 2017 OSHA begins enforcing most standards for construction June 23, 2018 OSHA will begin enforcing most standards for general industry Silica Rule Workers can become ill if they inhale respirable crystalline silica Respirable particles are very small (1/100th the size of a grain of sand) Can penetrate deeply into the lungs Can t be seen or smelled and must be measured using air sampling equipment 10
OSHA s Revised Silica Rule Includes provisions for: Determining Worker Exposure to silica; Limiting access to areas where workers could be exposed above the PEL; Competent Person; Use of dust controls; Use of respirators when necessary; Medical exams for highly exposed workers; Worker training; and Recordkeeping. Employees Will Be Exposed To Silica and REQUIRED to wear a Respirator 11
Walking Working Surfaces January 17, 2017 most of rule effective Incorporates new technology and industry practices Sub Part D Walking Working Surfaces General Industry Walking Working Surfaces: prescribes the use of fall protection systems to protect employees from falls. Performance oriented standard 15 new ANSI standards are designed to eliminate detailed specifications and facilitate compliance Proposed paragraph (a)(2) requires that each employee be trained by a qualified person on the nature of hazards and protective methods 12
Purpose of the New Rule To update the outdated subpart D standard, incorporating new technology and industry practices To increase consistency with OSHA s construction standards (CFR 1926 subparts L, M, and X) To add new provisions to subpart I that set forth criteria requirements for personal fall protection equipment Organization of Subpart D 1910.21 Scope, Application and Definitions 1910.22 General Requirements 1910.23 Ladders 1910.24 Stepbolts and Manhole Steps 1910.25 Stairways 1910.26 Dockboards 1910.27 Scaffolds and Rope Descent Systems 1910.28 Duty to Have Fall Protection 1910.29 Fall Protection Systems Criteria and Practices 1910.30 Training Requirements 13
1910.23 Ladders Consolidates and simplifies rules into general requirements, portable ladders, fixed ladders, and mobile ladder stands Requires inspection before use 1910.28 Duty to have Fall Protection and Falling Object Protection Consolidates general industry fall protection requirements into one section Makes requirements and format consistent with construction standard Incorporates new technology that is consistent with national consensus standards Gives employers flexibility to use the system that works best to protect workers in their situation 14
1910.28 Duty to have fall protection Roof Edge Protection (Low Slope Roofs) Required when work is performed <6 feet from the edge. Roof Top 1910.28 Duty to have Fall Protection Work performed 6 15 feet from the Edge: Protect workers: Guardrails, Safety Net System, Travel Restraint System, Personal Fall Arrest System. May use a Designated Area for Work Infrequent and Temporary Designated Area for I&T Work 6 15 Feet from the Edge 15
1910.28(d) Designated Area for Work Both Infrequent and Temporary Designated Area: a distinct portion of a walking/working surface delineated by a warning line in which employees may perform work without additional fall protection. A designated area must be surrounded by a rope, wire or chain and supporting stanchions. 1910.28 Designated Area for Work Both Infrequent and Temporary Infrequent: The task or job is performed only on occasion, when needed (e.g., equipment breakdown), on an occasional basis, or at sporadic or irregular intervals. Annual maintenance or servicing of equipment, monthly or quarterly replacement of batteries or HVAC filters, and responding to equipment outage or breakdown. Infrequent jobs also do not include those that workers perform as a primary or routine part of their job or repeatedly at various locations during a workshift. A task may be considered infrequent when it is performed once a month, once a year, or when needed. 16
1910.28 Designated Area for Work Both Infrequent and Temporary Temporary: No specific time limit on what constitutes a temporary task. Short duration tasks generally are those that take less than 1 2 hours to complete. Examples of such tasks include changing a filter in a roof top HVAC system, replacing a part on a satellite dish, caulking or resealing the flashing around a skylight, or sweeping a chimney. 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 17
HazCom 2012 *Last Provision: All containers in the control of a distributor after December 1, 2017, must be HCS 2012 compliant labeled prior to shipping. 2018 EMPHASIS PROGRAMS 18
Emphasis Programs in Wisconsin General Industry for 2018 Amputations Hex Chrome Falls/Ladders* * Complaint Based or Observed During an Inspection Emphasis Programs in Wisconsin Construction for 2018 Falls/Ladders Trenches Silica Lead Hex Chrome Carbon Monoxide Material Handling PIV s* Renovate/Rehab/Demo Construction Targeting: Dodge Report * Complaint Based or Observed During an Inspection 19
Michael Best & Friedrich LLP Recent OSHA Changes and What Employers Need to Know Denise Greathouse Partner dlgreathouse@michaelbest.com T. 262.956.6534 20