OSHA 2017 Summary for the Colorado Chapter of the National Utility Contractors Association (NUCA) Todd Flick Assistant Area Director Denver Area Office 303-844-5285
Topics Fiscal Year 2017 Summary OSHA Emphasis Programs Regulatory Changes OSHA Initiatives Resources
Colorado Year in Review FY 2017 13 Fatalities (14 FY 2016, 24 FY 2015) 1,120 Inspections (1158 FY 2016,1429 FY 2015) 84% Safety and 16% Health 58% Construction 32% In-compliance ~ 63% Inspections with violations ~ 62% Violations - serious
Colorado Year in Review FY 2017 1385 Violations Issued (1597 FY 2016, 1723 FY2015) $4,543,835 in proposed penalties $3,571490 FY 2016, $4,279,279 FY 2015 $3,737 average initial penalty for serious violation 32% reduction in penalty 4.7% contested
Colorado Fatalities FY 2005-2017 40 20 0 32 28 29 33 0 3 7 7 11 21 16 22 16 19 23 15 13 Oil and Gas General Industry 1 0 0 2 1 2 2 0 1 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Construction Total
Colorado Fatalities Brief Facts FY 2017 13 fatalities Weld - 3 Denver - 3 El Paso - 2 Broomfield -1 Arapahoe - 1 La Plata - 1 Garfield - 1 Summit - 1 4 fatalities struck by objects 6 fatalities in construction 1 fatality in oil and gas 1 electrocution 1 explosion 1 drowning 30% involved being struck by object
Top Ten Violations Most frequently cited OSHA standards during FY 2017 inspections 1. Fall Protection General Requirements (1926.501) 2. Hazard Communication (1910.1200) 3. Scaffolding (1926.451) 4. Respiratory Protection (1910.134) 5. Lockout/Tagout (1910.147) 6. Ladders (1926.1053) 7. Powered Industrial Trucks (1910.178) 8. Machine Guarding (1910.212) 9. Fall Protection Training Requirements (1926.503) 10. Electrical Wiring Methods (1910.305)
OSHA Specific Standards Most Frequently Cited Violations in Colorado FY 2017 1. Fall Protection, General 1926.501(b)(13) 2. General Safety & Health 1926.20(b)(2) 3. Hazard Communication written program 1910.1200(e) 4. Hazard Communication Training (GHS)1910.1200(h) 5. Eye and Face Protection 1926.102(a)(1) 6. Ladder use extend 3 above 1926.1053(b)(1) 7. Machine guarding 1910.212(a)(1) 8. Respiratory protection medical evaluation 1910.134(e)(1) 9. Respiratory protection program 1910.134(c)(1) 10. Respiratory protection evaluate respiratory hazards 1910.134(d)(1)(i) *Above make up 44% of the penalties
Top Ten Violations: FY 2017 (with top 5 sections cited) 1) 1926.501 - Fall Protection 1926.501(b)(13) (4,257 violations) fall protection in residential construction 1926.501(b)(1) (1,055 violations) unprotected sides and edges 1926.501(b)(10) (589 violations) roofing work on lowslope roofs 1926.501(b)(11) (485 violations) steep roofs 1926.501(b)(4)(i) (143 violations) protection from falling through holes, including skylights
Top Ten Violations: FY 2017 (with top 5 sections cited) 2) 1910.1200 - Hazard Communication 1910.1200(e)(1) (1,520 violations) written hazard communication program 1910.1200(h)(1) (1,233 violations) employee information and training 1910.1200(g)(8) (459 violations) maintaining copies of Safety Data Sheets in the workplace and ensuring that they are readily available to employees 1910.1200(g)(1) (338 violations) having Safety Data Sheets in the workplace for each hazardous chemical 1910.1200(h)(3)(iv) (192 violations) training on details of employer s hazard communication program
Top Ten Violations: FY 2017 (with top 5 sections cited) 3) 1926.451 - Scaffolding 1926.451(g)(1) (606 violations) fall protection 1926.451(e)(1) (483 violations) providing access 1926.451(b)(1) (374 violations) platform construction 1926.451(g)(1)(vii) (298 violations) use of personal fall arrest or guardrail systems 1926.451(c)(2) (181 violations) foundation for supported scaffold poles, legs, posts, frames, and uprights
Top Ten Violations: FY 2017 (with top 5 sections cited) 4) 1910.134 Respiratory Protection 1910.134(e)(1) (605 violations) medical evaluation to determine employee s ability to use a respirator 1910.134(c)(1) (495 violations) written respiratory protection program 1910.134(f)(2) (277 violations) fit testing for employees using a tight-fitting face piece respirator: testing frequency 1910.134(c)(2)(i) (239 violations) providing respirators at request of employees or permitting employees to use their own respirators 1910.134(d)(1)(iii) (225 violations) respirator selection: evaluation of respiratory hazards in workplace
Top Ten Violations: FY 2017 (with top 5 sections cited) 5) 1910.147 Lockout/Tagout 1910.147(c)(4)(i) (622 violations) developing, documenting, and utilizing energy control procedures 1910.147(c)(6)(i) (384 violations) periodic inspection of energy control procedure at least annually 1910.147(c)(1) (373 violations) establishing an energy control program 1910.147(c)(7)(i) (288 violations) training on the energy control program 1910.147(d) (178 violations) elements of lockout/tagout procedures
Top Ten Violations: FY 2017 (with top 5 sections cited) 6) 1926.1053 - Ladders 1926.1053(b)(1) (1,454 violations) extending portable ladder side rails at least 3 feet above upper landing surface 1926.1053(b)(4) (333 violations) using ladders only for purpose for which they were designed 1926.1053(b)(13) (219 violations) not using the top or top step of a stepladder as a step 1926.1053(b)(16) (108 violations) marking or tagging portable ladders with structural defects and removing them from service 1926.1053(b)(6) (79 violations) using ladders only on stable and level surfaces unless secured
Top Ten Violations: FY 2017 (with top 5 sections cited) 7) 1910.178 Powered Industrial Trucks 1910.178(l)(1)(i) (455 violations) operator training: ensuring that operators are competent to safely operate a powered industrial vehicle as demonstrated by completion of training and evaluation 1910.178(l)(4)(iii) (254 violations) refresher training and evaluation: evaluation of operator s performance must be conducted at least once every three years 1910.178(p)(1) (232 violations) not taking powered industrial trucks out of service when in need of repair, defective, or unsafe 1910.178(l)(6) (225 violations) certification of operator training and evaluation 1910.178(q)(7) (171 violations) examining powered industrial trucks daily or after each shift before placing them in service
Top Ten Violations: FY 2017 (with top 5 sections cited) 8) 1910.212 Machine Guarding 1910.212(a)(1) (1,334 violations) providing one or more methods of machine guarding 1910.212(a)(3)(ii) (499 violations) point of operation guarding 1910.212(b) (104 violations) anchoring fixed machinery 1910.212(a)(2) (75 violations) affixing guards to the machine 1910.212(a)(5) (43 violations) guarding fan blades
Top Ten Violations: FY 2017 (with top 5 sections cited) 9) 1926.503 Fall Protection, Training 1926.503(a)(1) (1,237 violations) training program for each employee who might be exposed to fall hazards 1926.503(b)(1) (245 violations) written training certification 1926.503(a)(2) (80 violations) training by a competent person qualified in specified areas 1926.503(c)(3) (61 violations) retraining required when inadequacies in employee s knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill 1926.503(a)(2)(iii) (35 violations) training by a competent person on fall protection to be used, including guardrail, personal fall arrest, safety net, warning line, and safety monitoring systems, and controlled access zones
Top Ten Violations: FY 2017 (with top 5 sections cited) 10) 1910.305 Electrical, Wiring Methods 1910.305(g)(1)(iv)(A) (277 violations) using flexible cords and cables as a substitute for the fixed wiring of a structure 1910.305(g)(2)(iii) (252 violations) connecting flexible cords and cables to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws 1910.305(b)(1)(ii) (215 violations) closing unused openings in cabinets, boxes, and fittings 1910.305(b)(2)(i) (198 violations) providing pull boxes, junction boxes, and fittings with covers identified for the purpose 1910.305(b)(1)(i) (73 violations) protecting conductors entering cutout boxes, cabinets, or fittings from abrasion
FY 2018 National Emphasis Programs (NEPs) Amputations in Manufacturing Lead Exposures (GI and Construction) C-Target Construction Hexavalent Chromium Exposures Chemical Processing Safety Combustible Dust Trenching and Excavation Primary Metals Industries (Foundries) Federal Agencies based on injury rates
FY 2018 Regional and Local Emphasis (REP/LEPs) Regional Emphasis Programs Fall Hazards in Construction Roadway Work Zone Activities Oil and Gas Industry Grain Handling Facilities Workplace Violence in Residential Intellectual and Developmental Disability Facilities Local Emphasis Programs Hazards in Automotive Services (Englewood) Asbestos Abatement (Englewood) Scrap & Recycling (Englewood) Aircraft Support and Maintenance Facilities (Englewood) Beverage handling (Englewood)
New Standards and Policies Confined Spaces in Construction Respirable Silica Walking Working Surfaces Beryllium Injury/Illness Reporting Electronic Recordkeeping
OSHA s Respirable Crystalline Silica Rule for Construction
Silica Standard (Respirable Crystalline Silica) Current permissible exposure limits (PELs) are hard to understand General industry formula PEL is about equal to 100 µg/m 3 ; construction = 250 µg/m 3 Current PELs do not adequately protect workers Epidemiologic evidence that lung cancer/silicosis occur at exposure levels below 100 µg/m3 New PEL 50ug/m3
Exposure and Health Risks Exposure to respirable crystalline silica has been linked to: Silicosis; Lung cancer; Chronic obstructive pulmonary disease; and Kidney disease Healthy Lung Silicotic Lung 24
Respirable Silica Construction/GI (a) Scope (b) Definitions (c) Specified exposure control methods (const) OR (d) Alternative exposure control methods (const) PEL Exposure Assessment Methods of Compliance (e) Respiratory protection (f) Housekeeping (g) Written exposure control plan (h) Medical surveillance (i) Communication of silica hazards (j) Recordkeeping (k) Dates (e) Regulated areas (GI) (f) Methods of compliance (GI) (1) Engineering and work practice controls (2) Written exposure control plan 25
Equipment / Task Handheld power saws (any blade diameter) Example of Table 1 Entry Engineering and Work Practice Control Methods Use saw equipped with integrated water delivery system that continuously feeds water to the blade. Required Respiratory Protection and Minimum APF 4 hr/shift > 4 hr/shift Operate and maintain tool in accordance with manufacturers instruction to minimize dust - When used outdoors - When used indoors or in an enclosed area 26 None APF 10 APF 10 APF 10
Engineering Controls Grinding without engineering controls Grinding using a vacuum dust collector 27
Construction Competent Person Construction employers must designate a competent person to implement the written exposure control plan Competent person is an individual capable of identifying existing and foreseeable respirable crystalline silica hazards, who has authorization to take prompt corrective measures Makes frequent and regular inspection of job sites, materials, and equipment 28
Written Exposure Control Plan The plan must describe: Tasks involving exposure to respirable crystalline silica Engineering controls, work practices, and respiratory protection for each task Housekeeping measures used to limit exposure 29
Communication of Hazards Employers required to comply with hazard communication standard (HCS) (29 CFR 1910.1200) Address: Cancer, lung effects, immune system effects, and kidney effects as part of HCS Train workers on health hazards, tasks resulting in exposure, workplace protections, and medical surveillance. 30
Construction Compliance Dates Employers must comply with all requirements (except methods of sample analysis) by September 23, 2017 Compliance with methods of sample analysis required by June 23, 2018 31
Assistance to Small Businesses 32
Many examples of controls on www.osha.gov 33
Electronic Reporting Injury and Illness Records (OSHA 300s) 1904.41(a)(1) Establishments with 250 or more employees in industries covered by the recordkeeping rule: Must, on an annual basis, provide data from the: Summary Form 300A Log Form 300 Incident Report 301 Does not include the injured worker s name and address Does not include the physician s name and address
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. Full list: https://www.osha.gov/recordkeeping/naicscode sforelectronicsubmission.pdf
Timeline for Reporting OSHA 300 information Final Rule Federal Register Notice May 12, 2016 Employee Rights effective date August 10, 2016 Electronic Reporting effective Date January 1, 2017 Phase-in data submission due dates New date moved from July 1, 2017 to December 1, 2017
Injury Tracking Application (ITA) The ITA was successfully launched August 1, 2017 Employers can access the application from the ITA landing page at https://www.osha.gov/injuryreporting/index.html
Injury Tracking Application (ITA) ITA is a secure website with 3 options for data submission: o Manually enter data into a webform o Upload CSV file to process single of multiple establishments at the same time o Users of automated recordkeeping systems can transmit data electronically via an Application Programming Interface (API)
Injury Tracking Application (ITA): Get Started
Injury Tracking Application (ITA): Submit Data to OSHA
Injury Tracking Application (ITA): Add 300A Summary
Beryllium Published as final rule January 9, 2017 Effective date of May 20, 2017 Compliance with most provisions required within one year March 12, 2018 Proposed rule on construction and maritime published on June 27, 2017 modifying the new standard Beryllium Final Rule website: https://www.osha.gov/berylliumrule/index.html Contains the rule, overview, FAQ and links to other info including the archived proposed rule page
Beryllium Reasons for the rule: Health dangers have been know for decades Chronic Beryllium Disease (sensitization) Lung Cancer OSHA s current PEL is outdated and ineffective for preventing disease New PEL.2ug/m3 2ug/m3 STEL The technology to meet the new standards is widely available and feasible
Walking Working Surfaces 29 CFR 1910 General Industry
Walking and Working Surface Rule effective January 17, 2017 1910.21 Scope, Application and Definitions 1910.22 General Requirements 1910.23 Ladders 1910.24 Step bolts 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
Severe Injury Reporting RAPID RESPONSE INVESTIGATION (RRI) About 870 reported in Colorado since 1/1/15 37% inspections, 90% hospitalizations Collaborative, problem-solving approach Invites an employer and an OSHA Area Office expert to work together toward shared goal: Find and fix hazards, and improve overall safety
Severe Injury Reporting: Reporting leads to productive interactions with OSHA Most employers are eager to cooperate with OSHA to prevent similar or worse worker injuries Many employers went above and beyond OSHA requirements Some employers continued to put workers at risk and conceal hazards
www.osha.gov We Can Help www.osha.gov OSHA s Initiatives Heat Illness Prevention
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: 2018 TBD
Safety and Health Programs Recommended Practices Based on best thinking and experiences of successful employers Will help small and medium-sized employers find and fix hazards before workers are harmed Shows how multiple employers on same worksite can coordinate efforts to ensure all workers are given equal protection
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
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
Stop worker falls 13 12 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 2013 2014 2015 2016
Protecting Temporary Workers: A joint responsibility Both host employers and staffing agencies have roles in complying with workplace health and safety requirements and they share responsibility for ensuring worker safety and health. Legally, both the host employer and the staffing agency are employers of the temporary worker. Shared control over worker = Shared responsibility for worker
Protecting Young Workers Workers <25 years old were twice as likely to end up in the emergency room as those 25 and older osha.gov/youngworkers
Whistleblowers.gov
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.
Compliance Assistance OSHA helping employers HG new info- 21 million visitors to OSHA s website in FY 2015 251,000 responses to OSHA 1-800 calls for help 21,000 Spanish-speaking callers helped 16,000 e-mail requests for assistance answered 5,000 outreach activities by Regional & Area Offices 27,800 small businesses helped through Consultation
Cooperative Programs Alliance Program OSHA Strategic Partnership Program Voluntary Protection Programs (VPP) OSHA Challenge On-site Consultation Program & Safety and Health Recognition Program (SHARP)
We
On-site Consultation with Colorado State University
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 www.osha.gov
Social Media DOL Twitter Account DOL YouTube Channel DOL Facebook Page DOL Blog
OSHA publications for every employer s workplace training needs
Thank You for listening and Questions??? participating
www.osha.gov 800-321-OSHA (6742)
Disclaimer This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA s website at www.osha.gov.