asse osha national office update march 2010 richard e. fairfax, cih director, enforcement programs...

ASSE OSHA National Office Update March 2010

ASSE OSHA National Office Update March 2010

Richard E. Fairfax, CIH

Director, Enforcement Programs

Acting Director - Construction

Richard E. Fairfax, CIH

Director, Enforcement Programs

Acting Director - Construction

FY 2010 (Oct 1 – Mar 22)Federal OSHA Inspection Data

FY 2010 (Oct 1 – Mar 22)Federal OSHA Inspection Data

FY 2006 – FY 2010Inspections Conducted

FY 2006 – FY 2010Inspections Conducted

38,57939,324 38,450 39,004

17,207

0

10,000

20,000

30,000

40,000

50,000

FY06 FY07 FY08 FY09 FY10

38,57939,324 38,450 39,004

17,207

0

10,000

20,000

30,000

40,000

50,000


FY 2010Inspections Conducted

Regional Planned vs. Actual Report

FY 2010Inspections Conducted

Regional Planned vs. Actual Report

0

500

1,000

1,500

2,000

2,500

3,000

3,500

I II III IV V VI VII VIII IX X

Planned Actual

0

500

1,000

1,500

2,000

2,500

3,000

3,500

I II III IV V VI VII VIII IX X

Planned Actual

Planned Insps – 18,875Actual Insps - 17,207Difference -1,668

FY 2006 – FY 2010% Programmed vs. % Unprogrammed

FY 2006 – FY 2010% Programmed vs. % Unprogrammed

56%

44%

59%

41%

60%

40%

62%

38%

62%

38%

0%

20%

40%

60%

80%

100%


Programmed Unprogrammed

56%

44%

59%

41%

60%

40%

62%

38%

62%

38%

0%

20%

40%

60%

80%

100%


Programmed Unprogrammed

FY 2006 – FY 2010Percent Complaint Inspections

FY 2006 – FY 2010Percent Complaint Inspections

19% 18% 17% 17%19%

0%

20%

40%

60%

80%

100%


19% 18% 17% 17%19%

0%

20%

40%

60%

80%

100%


FY 2006 – FY 2010% Inspections In-Compliance

FY 2006 – FY 2010% Inspections In-Compliance

27% 26% 23% 25%18%

0%

20%

40%

60%

80%

100%


27% 26% 23% 25%18%

0%

20%

40%

60%

80%

100%


FY 2006 – FY 2010Total Violations Issued

FY 2006 – FY 2010Total Violations Issued

82,80487,898 86,945 87,663

42,442

0

25,000

50,000

75,000

100,000


82,80487,898 86,945 87,663

42,442

0

25,000

50,000

75,000

100,000


FY 2006 – FY 2010% Total Violations Issued As Serious

FY 2006 – FY 2010% Total Violations Issued As Serious

73% 76% 77% 77% 78%

0%

20%

40%

60%

80%

100%


73% 76% 77% 77% 78%

0%

20%

40%

60%

80%

100%


FY 2006 – FY 2010% Total Violations Issued As Serious,

Willful, Repeat, & Unclass

FY 2006 – FY 2010% Total Violations Issued As Serious,

Willful, Repeat, & Unclass

77% 79%81% 81% 83%

0%

20%

40%

60%

80%

100%


77% 79%81% 81% 83%

0%

20%

40%

60%

80%

100%


FY 2006 – FY2010% NIC Inspections With Only Other-Than-

Serious Violations Cited

FY 2006 – FY2010% NIC Inspections With Only Other-Than-

Serious Violations Cited

12% 11% 10% 10% 10%

0%

20%

40%

60%

80%

100%


12% 11% 10% 10% 10%

0%

20%

40%

60%

80%

100%


FY 2006 – FY 2010Percent Inspections With Violations

Contested

FY 2006 – FY 2010Percent Inspections With Violations

Contested

7% 7% 7% 7% 8%

0%

20%

40%

60%

80%

100%


7% 7% 7% 7% 8%

0%

20%

40%

60%

80%

100%


FY 2006 – FY 2010Average Penalty Per Serious Violation

FY 2006 – FY 2010Average Penalty Per Serious Violation

$880 $918$998 $970

$1,107

$0

$250

$500

$750

$1,000

$1,250

$1,500


$880 $918$998 $970

$1,107

$0

$250

$500

$750

$1,000

$1,250

$1,500


FY 2006 – FY 2010Percent Construction Inspections

FY 2006 – FY 2010Percent Construction Inspections

59% 59% 60% 61%57%

0%

20%

40%

60%

80%

100%


59% 59% 60% 61%57%

0%

20%

40%

60%

80%

100%


FY 2006 – FY 2010Significant Cases

FY 2006 – FY 2010Significant Cases

101

108

121 120

61

0

20

40

60

80

100

120

140


101

108

121 120

61

0

20

40

60

80

100

120

140


Significant CasesSignificant Cases

27 27

57 6169

127

165

199

150

195

170

140

103

120123

107101

108

121120

61

0

100

200

300

FY90

FY91

FY92

FY93

FY94

FY95

FY96

FY97

FY98

FY99

FY00

FY01

FY02

FY03

FY04

FY05

FY06

FY07

FY08

FY09

FY10

27 27

57 6169

127

165

199

150

195

170

140

103

120123

107101

108

121120

61

0

100

200

300

FY90

FY91

FY92

FY93

FY94

FY95

FY96

FY97

FY98

FY99

FY00

FY01

FY02

FY03

FY04

FY05

FY06

FY07

FY08

FY09

FY10

Egregious CasesEgregious Cases

1

30 30

1816

15

65

8

17

6

18

6

11

68

32

5

24

35

4

9

0

10

20

30

40

50

1

30 30

1816

15

65

8

17

6

18

6

11

68

32

5

24

35

4

9

0

10

20

30

40

50

FY 2006 – FY 2010Fatality Investigations

FY 2006 – FY 2010Fatality Investigations

1,0811,043

936

797

266

0

200

400

600

800

1,000

1,200

1,400


1,0811,043

936

797

266

0

200

400

600

800

1,000

1,200

1,400


FY 2010 – General IndustryTop 10 Most Cited StandardsFY 2010 – General IndustryTop 10 Most Cited Standards

1) Hazard Communication

2) Respiratory Protection

3) Lockout/Tagout4) Electrical, Wiring

Methods5) Powered Industrial

Trucks

1) Hazard Communication

2) Respiratory Protection

3) Lockout/Tagout4) Electrical, Wiring

Methods5) Powered Industrial

Trucks

6) Electrical, General Requirements

7) Machine Guarding

8) Process Safety Management

9) Personal Protective Equipment

10) Recordkeeping

6) Electrical, General Requirements

7) Machine Guarding

8) Process Safety Management

9) Personal Protective Equipment

10) Recordkeeping

FY 2010 – ConstructionTop 10 Most Cited Standards

FY 2010 – ConstructionTop 10 Most Cited Standards

1) Scaffolding2) Fall Protection3) Ladders4) Hazard

Communication5) Head Protection

1) Scaffolding2) Fall Protection3) Ladders4) Hazard

Communication5) Head Protection

6) General Safety & Health Provisions

7) Aerial Lifts8) Excavation

Requirements9) Electrical, Wiring

Methods10) Eye & Face

Protection

6) General Safety & Health Provisions

7) Aerial Lifts8) Excavation

Requirements9) Electrical, Wiring

Methods10) Eye & Face

Protection

DOC ActivitiesDOC Activities

Almost all efforts are focused on finishing the Cranes and Derricks Standard Final rule expected this summer

Developing a Nail Gun safe use guidance document

Materials and support for the Hispanic Conference in April

Almost all efforts are focused on finishing the Cranes and Derricks Standard Final rule expected this summer

Developing a Nail Gun safe use guidance document

Materials and support for the Hispanic Conference in April

Confined Spaced - ConstructionConfined Spaced - Construction

Confined Spaces in Construction Final rule preamble is currently being drafted Anticipated final publication date is being

determined

Confined Spaces in Construction Final rule preamble is currently being drafted Anticipated final publication date is being

determined

Construction Services ProjectsConstruction Services Projects

Training course for compliance officers on work zone safety

Masonry construction safety guidance document

Skylight floor hole opening quick card Elevator construction guidance document Demolition operations guidance document

Training course for compliance officers on work zone safety

Masonry construction safety guidance document

Skylight floor hole opening quick card Elevator construction guidance document Demolition operations guidance document


Quick card – construction site sanitation Construction electrical safety guidance

document Underground construction guidance

document Crane initiative Fall protection initiative

Quick card – construction site sanitation Construction electrical safety guidance

document Underground construction guidance

document Crane initiative Fall protection initiative


Trenching and excavation initiative Shotcrete/gunite fact sheets Looking at rescinding residential

construction directive

ACCSH to meet April 12th to 16th in Houston

Trenching and excavation initiative Shotcrete/gunite fact sheets Looking at rescinding residential

construction directive

ACCSH to meet April 12th to 16th in Houston

DEP ActivitiesDEP Activities SVEP

The following circumstances will be reviewed as a possible SVEP case: A fatality or catastrophe situation, In industry operations or processes that expose employees

to the most severe occupational hazards and those identified as “High-Emphasis Hazards,”

Exposing employees to hazards related to the potential release of a highly hazardous chemical, or

All egregious enforcement actions.

SVEP

The following circumstances will be reviewed as a possible SVEP case: A fatality or catastrophe situation, In industry operations or processes that expose employees

to the most severe occupational hazards and those identified as “High-Emphasis Hazards,”

Exposing employees to hazards related to the potential release of a highly hazardous chemical, or

All egregious enforcement actions.

DEP ActivitiesDEP Activities

SVEP “High-Emphasis Hazards” means only high gravity serious

violations of specific standards covered under falls or the following NEPs:

amputations, combustible dust, crystalline silica, lead, excavation/ trenching, and shipbreaking,

Regardless of the type of inspection being conducted. Low and moderate gravity violations will not be considered for a SVEP case.

SVEP “High-Emphasis Hazards” means only high gravity serious

violations of specific standards covered under falls or the following NEPs:

amputations, combustible dust, crystalline silica, lead, excavation/ trenching, and shipbreaking,

Regardless of the type of inspection being conducted. Low and moderate gravity violations will not be considered for a SVEP case.


The SVEP also includes the following action elements for employers who meet the SVEP criteria. Enhanced follow-up inspections, Nationwide referrals, which will include State Plan

States, Increased company awareness, which will include

issuing News Releases, Enhanced settlement provisions, and Increased use of Federal court enforcement action

(contempt of court) under Sec. 11(b) of the OSH Act.

The SVEP also includes the following action elements for employers who meet the SVEP criteria. Enhanced follow-up inspections, Nationwide referrals, which will include State Plan

States, Increased company awareness, which will include

issuing News Releases, Enhanced settlement provisions, and Increased use of Federal court enforcement action

(contempt of court) under Sec. 11(b) of the OSH Act.


Corporate Wide Settlement Agreements Tied into the SVEP Looking for systemic patterns of violations OSHA can now approach employers to enter

into a corporate agreement

Directive is out for review and concurrence

Corporate Wide Settlement Agreements Tied into the SVEP Looking for systemic patterns of violations OSHA can now approach employers to enter

into a corporate agreement

Directive is out for review and concurrence


OSHA Penalties

OSHA is exploring changing administrative reductions and informal settlement agreement reductions

OSHA Penalties

OSHA is exploring changing administrative reductions and informal settlement agreement reductions


PSM Projects Chemical Plant NEP Refinery NEP Meer Directive being redrafted

Flammables in atmospheric tanks – focuses also on process vs. storage tanks

Reactives Directive – drafting in progress

PSM Projects Chemical Plant NEP Refinery NEP Meer Directive being redrafted

Flammables in atmospheric tanks – focuses also on process vs. storage tanks

Reactives Directive – drafting in progress


NEP – high hazard facilities – reviewing Regional comments

Isocyanates NEP Replaces the asthmagens NEP

Updating the TB Compliance Directive and the Bloodborne pathogens compliance directive

Evaluating the Amputations NEP

NEP – high hazard facilities – reviewing Regional comments

Isocyanates NEP Replaces the asthmagens NEP

Updating the TB Compliance Directive and the Bloodborne pathogens compliance directive

Evaluating the Amputations NEP


IH Chapter for the FOM vs. IH FOM Change 1 to the FOM NEP for Hexavalent Chromium – in final

clearance

IH Chapter for the FOM vs. IH FOM Change 1 to the FOM NEP for Hexavalent Chromium – in final

clearance

QUESTIONS or ISSUESQUESTIONS or ISSUES

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asse osha national office update march 2010 richard e. fairfax, cih director, enforcement programs...

Documents

percent inspections

serious violations citedfy

violations contestedfy

total violations issuedfy

inspections conductedfy

inspections conductedregional

nic inspections

serious violationfy