CALIFORNIA INDUSTRIAL HYGIENE COUNCILCALIFORNIA INDUSTRIAL HYGIENE COUNCIL

2020thth Annual Conference Annual Conference December 6-8, 2010December 6-8, 2010

San Diego, CASan Diego, CA

Cal/OSHA OverviewCal/OSHA Overview

Chris Lee, Deputy Chief Chris Lee, Deputy Chief

Cal/OSHA EnforcementCal/OSHA Enforcement

Cal/OSHACal/OSHA

MissionMission To enforce the provisions of Title 8 of the California Code of To enforce the provisions of Title 8 of the California Code of

Regulations, and to provide assistance to employers, owners, Regulations, and to provide assistance to employers, owners, operators and others to comply with Title 8 standards and operators and others to comply with Title 8 standards and regulations.regulations.

GoalGoal Reduce injuries, illnesses and fatalities among the approximate 14 Reduce injuries, illnesses and fatalities among the approximate 14

million working men and women in California.million working men and women in California.

Federal OSHA and State ProgramsFederal OSHA and State Programs

The Occupational Safety and Health Act of 1970 created an opportunity for federal-The Occupational Safety and Health Act of 1970 created an opportunity for federal-state partnerships to promote safety and healthstate partnerships to promote safety and health

Section 18 allows states to develop and enforce occupational safety and health Section 18 allows states to develop and enforce occupational safety and health standards in the context of an OSHA-approved planstandards in the context of an OSHA-approved plan

27 states and territories have been approved27 states and territories have been approved

21 states and Puerto Rico have complete programs for private and public sectors21 states and Puerto Rico have complete programs for private and public sectors

Four states and the US Virgin Islands have public sector programs onlyFour states and the US Virgin Islands have public sector programs only

Currently, state programs deliver the OSHA program to 40% of the nation’s Currently, state programs deliver the OSHA program to 40% of the nation’s workplaces, and federal OSHA responsible for the other 60%workplaces, and federal OSHA responsible for the other 60%

State plan standards and enforcement must be ALAEA federal OSHAState plan standards and enforcement must be ALAEA federal OSHA

Additionally, state programs operate under authority of state law, not delegated Additionally, state programs operate under authority of state law, not delegated federal authority – thus, in order to operate its own plan, a state must enact and federal authority – thus, in order to operate its own plan, a state must enact and equivalent of the federal OSHA Act and must use administrative and regulatory equivalent of the federal OSHA Act and must use administrative and regulatory procedures to adopt its own standards, regulations and operating proceduresprocedures to adopt its own standards, regulations and operating procedures

Leadership Through InnovationLeadership Through Innovation

Commitment to worker safety and health formalized Commitment to worker safety and health formalized in 1914 with creation of the California Industrial in 1914 with creation of the California Industrial Safety CommissionSafety Commission

Unique among state OSH programsUnique among state OSH programs OSHSB – one of only three states to promulgate standardsOSHSB – one of only three states to promulgate standards Cal/OSHA Advisory CommitteeCal/OSHA Advisory Committee Special Advisory Committees – HEAC, HIP, ATDSpecial Advisory Committees – HEAC, HIP, ATD

Injury and Illness Prevention Program (Section 3203) Injury and Illness Prevention Program (Section 3203) since 1991 – Fed OSHA looking at “I2P2”since 1991 – Fed OSHA looking at “I2P2”

EEEC EEEC Created in 2005 Created in 2005 Multi agency effort to reduce underground economy Multi agency effort to reduce underground economy sweep inspections in 7 selected industrial sectorssweep inspections in 7 selected industrial sectors

Leadership Through Innovation Cont.Leadership Through Innovation Cont.

Cal/OSHA Consultation Service Cal/OSHA Consultation Service At employer’s request At employer’s request No citations No citations 3,500 visits last year 3,500 visits last year

Partnership Programs Partnership Programs Cal VPPCal VPP SHARPSHARP Golden GateGolden Gate

Public Safety ProgramPublic Safety Program Permits (ex. trenches 5’ deep +)Permits (ex. trenches 5’ deep +) Registration (ex. Asbestos Abatement Contractor)Registration (ex. Asbestos Abatement Contractor) Certification (ex. Cranes)Certification (ex. Cranes) Notification (ex. Lead Work Pre-Job)Notification (ex. Lead Work Pre-Job)

Leadership Through Innovation Cont.Leadership Through Innovation Cont.

““Bottom Line” Bottom Line” Pursue every opportunity to promote Cal/OSHA’s missionPursue every opportunity to promote Cal/OSHA’s mission Use an integrated approach Use an integrated approach

• EnforcementEnforcement

• ConsultationConsultation

• Technical AssistanceTechnical Assistance

• Voluntary ComplianceVoluntary Compliance

• Standards PromulgationStandards Promulgation

• Training and EducationTraining and Education

Ultimate GoalUltimate Goal Not to issue citations and levy penalties, rather to change the culture Not to issue citations and levy penalties, rather to change the culture

of the employer community through the use of all the tools available of the employer community through the use of all the tools available to us to us

DOSH StructureDOSH Structure

j

CHIEF

LEGAL UNIT and

BUREAU OF INVESTIGATIONS

Industrial Relations

Counsel III

ADMINISTRATIVE SERVICES

STAFF SERVICES

MANAGER III

CONSULTATION SERVICE

Program Manager

CAL/OSHA ENFORCEMENT UNIT

Deputy Chief

HEALTH, SAFETY,

MEDICAL AND TRAINING UNITS

Deputy Chief

Deputy Chief

Research and Education Unit

Voluntary Partnership

Programs

High Hazard Coordinator

REGION II

Sacramento

Regional Manager

DISTRICT OFFICES

Sacramento - Chico Field Office

- Eureka Field Office - Redding Field Office

Concord Modesto Fresno

REGION I

Santa Rosa

Regional Manager

DISTRICT OFFICES

San Francisco Foster City Oakland Santa Rosa Fremont

REGION IV Van Nuys

Regional Manager

DISTRICT OFFICES

Los Angeles Monrovia Van Nuys

Principal Safety Engineer

Research & Standards Health Unit

Asbestos Contractors’ Registration Unit

Asbestos Consultant & Trainers' Approval Unit

Principal Safety Engineer

Research & Standards

Safety Unit

Crane Unit

Professional Development

and Training Unit

MEDICAL UNIT

Van Nuys

ELEVATOR, RIDE & TRAMWAY

UNIT

Principal Safety Engineer Elevator District Offices Santa Ana Glendale Oakland Sacramento San Bernardino San Diego San Francisco San Jose Amusement Ride District Offices Santa Ana Sacramento Amusement Ride Certification Sacramento Tramway District Offices Truckee

EXEMPT POSITIONS

REGION VI Santa Ana

Regional Manager

High Hazard Unit Oakland – Northern CA Santa Ana – Southern CA Process Safety Management Unit Concord – Northern CA Torrance – Southern CA Economic & Employment Enforcement Coalition Unit Oakland – Northern CA Santa Ana – Southern CA

On-Site

Consultation Unit

Regional Manager

Fresno Area Office

Oakland Area Office

San Bernardino Area Office

Sacramento Area Office

San Diego Area Office

Santa Fe Springs Area Office

San Fernando Valley Area Office

Federal Program

& DOSH Personnel

Staff Services Manager I

REGION III Santa Ana

Regional Manager

DISTRICT OFFICES

Santa Ana San Diego San Bernardino Torrance West Covina

NORTH

Oakland

SOUTH

Los Angeles

REGION V Chico

MINING & TUNNELING UNIT

Principal Safety Engineer

DISTRICT OFFICES

Sacramento Van Nuys San Bernardino Mine Safety Training - Chico - Sacramento - San Bernardino

PRESSURE VESSEL UNIT

Principal Safety Engineer

DISTRICT OFFICES

Santa Ana Oakland

Staff Services

Manager I

ENGINEERING SERVICES

Manager

Health & Safety

Technical Support

ASSISTANT TO THE CHIEF

Calibration and Inventory Control Laboratory

(CALICO)

SPECIAL COUNSEL

FOR REGULATORY AFFAIRS

Travel Expense Claims

Accounting &

Procurement

Permit

Budget

Telecommunications, Information

Technology &

Facilities Management

Principal Engineer (Staff Services)

Targeted Assessments

Census of Fatal Occupational Injuries (CFOI)

Resources Overview Resources Overview

Staffing: Staffing: 708.5 authorized positions; 634 filled as of 10/31/10 for all DOSH 708.5 authorized positions; 634 filled as of 10/31/10 for all DOSH

(Enforcement; Mining & Tunneling, Elevator Ride & Tramway, and Targeted Inspection & Consultation)(Enforcement; Mining & Tunneling, Elevator Ride & Tramway, and Targeted Inspection & Consultation)

Approximately 72 enforcement staff have health/industrial hygiene Approximately 72 enforcement staff have health/industrial hygiene background background

Funding:Funding: 2010 – 2011 Enforcement Grant 2010 – 2011 Enforcement Grant

= $73.9 M total – Federal @ $27.4 M – State @ $46.5 M = $73.9 M total – Federal @ $27.4 M – State @ $46.5 M

(37% vs. 63%)(37% vs. 63%) 2010 – 2011 Consultation Grant 2010 – 2011 Consultation Grant

= $9.3 M – Federal @ $5.2 M – State @ $4.1 M = $9.3 M – Federal @ $5.2 M – State @ $4.1 M

(56% vs. 44%)(56% vs. 44%) Total: $83.9 MTotal: $83.9 M

Occupational Safety and Health Occupational Safety and Health (OSH) Fund(OSH) Fund

2007 effective migration of DOSH from General Fund 2007 effective migration of DOSH from General Fund Revenues to OSH Fund.Revenues to OSH Fund.

Labor Code Section 62.5 was amended to allow an Labor Code Section 62.5 was amended to allow an additional worker compensation assessment of additional worker compensation assessment of employers to support the mandated activities of the employers to support the mandated activities of the Cal/OSHA program.Cal/OSHA program.

These assessments provide a stable funding source to These assessments provide a stable funding source to allow the courts to resolve claims more quickly, to assure allow the courts to resolve claims more quickly, to assure safety and health conditions on the job to prevent injuries safety and health conditions on the job to prevent injuries from occurring, and to improve the overall operation of from occurring, and to improve the overall operation of Cal/OSHA organization.Cal/OSHA organization.

Operating ConstraintsOperating Constraints

Hiring freeze – hard – no Hiring freeze – hard – no exceptionsexceptions

Workforce capWorkforce cap

State vehicle reductionState vehicle reduction

Furloughs = gone; replaced Furloughs = gone; replaced with 1 day/month – 5% pay with 1 day/month – 5% pay reduction)reduction)

Budget Change ProposalBudget Change Proposal

BUDGET CHANGE PROPOSAL BUDGET CHANGE PROPOSAL (a proposal to (a proposal to change the level of service or funding sources for change the level of service or funding sources for activities authorized by the Legislature, or to activities authorized by the Legislature, or to propose new program activities not currently propose new program activities not currently authorized)authorized)

Targeted Agricultural Enforcement ProgramTargeted Agricultural Enforcement Program – education/enforcement to – education/enforcement to build upon the $1.5 M outreach program and to transfer some build upon the $1.5 M outreach program and to transfer some enforcement responsibility from EEECenforcement responsibility from EEEC

Medical and Toxicology UnitMedical and Toxicology Unit – permit the Research and Standards unit – permit the Research and Standards unit to amend current and propose new PELsto amend current and propose new PELs

Professional and Training Development UnitProfessional and Training Development Unit Occupational Safety and Health Standards BoardOccupational Safety and Health Standards Board Occupational Safety and Health Appeals BoardOccupational Safety and Health Appeals Board

Five Year Strategic GoalsFive Year Strategic Goals

Three Goals (FFY 2008 – 2012):Three Goals (FFY 2008 – 2012):

Goal 1:Goal 1: To improve workplace safety and health for all workers, To improve workplace safety and health for all workers, through direct intervention methods that result

in fewer hazards, reduced exposures, and fewer injuries, illnesses, and fatalities..

Goal 2:Goal 2: Promote workplace cultures that increase employer and employee awareness of, commitment to, and

involvement in safety and health.

Goal 3:Goal 3: Maximize Cal/OSHA's capabilities by improving the effectiveness and efficiency of CAL/OSHA’s programs and services.

FFY 2011 Performance GoalsFFY 2011 Performance Goals

Reduce fatalities and occupational injuries and illnesses in Reduce fatalities and occupational injuries and illnesses in Agriculture;Agriculture; Construction;Construction; Refineries;Refineries; Public sector employmentPublic sector employment and other selected high hazard industries;and other selected high hazard industries;

Continued focus on heat illness prevention education and Continued focus on heat illness prevention education and enforcementenforcement

Work with food flavoring manufacturers to identify and eliminate Work with food flavoring manufacturers to identify and eliminate the risk to employees of exposure to Diacetythe risk to employees of exposure to Diacety

Improve communication with and education to high-risk Improve communication with and education to high-risk vulnerable employee populations regarding workplace safety and vulnerable employee populations regarding workplace safety and health rights, responsibilities, and hazards.health rights, responsibilities, and hazards.

Improve citation lapse time.Improve citation lapse time.

CY 2009 Inspection IndicatorsCY 2009 Inspection Indicators

8,445 total inspections 8,445 total inspections (22% health inspections)(22% health inspections)

17,477 total violations17,477 total violations

$ 27.5 million in penalties$ 27.5 million in penalties

106 violations with sampling106 violations with sampling

313 serious health violations313 serious health violations

Inspections by industry :Inspections by industry : 26% Construction26% Construction 18% Manufacturing18% Manufacturing 18% Services18% Services 15% Agriculture15% Agriculture 7% Retail trade7% Retail trade 5% Transportation/public utilities5% Transportation/public utilities 4% Mineral extraction4% Mineral extraction 3% State/local govt.3% State/local govt. 2% Wholesale trade2% Wholesale trade 1% Financial real estate1% Financial real estate

Nonfatal Injury and Illness Incidence RatesNonfatal Injury and Illness Incidence Rates

Heat Illness Enforcement ActivitiesHeat Illness Enforcement Activities

CY05 CY06 CY07 CY 08 CY 09 CY 10*

39 234 1,018 2,586 3,574 2,849inspections (coded S 18 Heat)

9 158 490 899 935 572inspections w/ 3395 violations (some 09 cases still open)

2 136 614 1,121 1,163 805violations of 3395 cited during specified year

$ 7,085 $ 535,140 $ 822,990 $ 1,775,071 $ 1,041,527 $ 453,210assessed initial penalties during specified year

* As of November 11, 2010

Division’s Health Activities/Special Division’s Health Activities/Special InitiativesInitiatives

3395 Heat Illness Prevention3395 Heat Illness Prevention Regulatory changes effective November 4, 2010 include:Regulatory changes effective November 4, 2010 include:

• Shade present to accommodated 25% of employees on the shift at any time when Shade present to accommodated 25% of employees on the shift at any time when temperatures exceed 85 degrees.temperatures exceed 85 degrees.

• High Heat procedures for agriculture, construction, landscaping, oil and gas extraction, High Heat procedures for agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery of agricultural, construction material or other heavy and transportation or delivery of agricultural, construction material or other heavy material.material.

Enforcement activitiesEnforcement activities• Over 2,800 inspection conducted in 2010 (YTD)Over 2,800 inspection conducted in 2010 (YTD)

• Compliance with 3395 up from 32% in 2006 to approximately 80% in 2010 (YTD)Compliance with 3395 up from 32% in 2006 to approximately 80% in 2010 (YTD)

Educational campaignEducational campaign• Training sessionsTraining sessions• Training materialsTraining materials• Radio and BillboardsRadio and Billboards

5193 Bloodborne Pathogens5193 Bloodborne Pathogens Petition to amend bloodborne pathogens to specifically address health Petition to amend bloodborne pathogens to specifically address health

hazards in adult film industry.hazards in adult film industry.

Division’s Health Activities/Special Division’s Health Activities/Special Initiatives cont’Initiatives cont’

5197 Diacetyl 5197 Diacetyl (effective December 2, 2010)(effective December 2, 2010) Applies to all flavoring and food manufacturing facilities that utilize diacetyl and food flavorings Applies to all flavoring and food manufacturing facilities that utilize diacetyl and food flavorings

containing 1% or greater concentration of diacetyl. The new rule requires covered employers to containing 1% or greater concentration of diacetyl. The new rule requires covered employers to perform an exposure assessment, establish regulated areas, implement engineering and work perform an exposure assessment, establish regulated areas, implement engineering and work practice controls, provide respiratory protection, provide medical surveillance including health practice controls, provide respiratory protection, provide medical surveillance including health questionnaires and pulmonary function tests, provide medical removal job protection for up to six questionnaires and pulmonary function tests, provide medical removal job protection for up to six months, provide specific hazard communication training and labeling, maintain records, make a months, provide specific hazard communication training and labeling, maintain records, make a one-time reporting to the Division and address other diacetyl substitutes.one-time reporting to the Division and address other diacetyl substitutes.

Aerosol Transmissible Disease Aerosol Transmissible Disease (effective August 5, 2009)(effective August 5, 2009) Employers must implement common infection control measures in order to protect employees Employers must implement common infection control measures in order to protect employees

from those threats and to enable the employees to continue to provide health care and other from those threats and to enable the employees to continue to provide health care and other critical services without unreasonably jeopardizing their health. critical services without unreasonably jeopardizing their health.

Collaboration with the California Department of Public Health (CDPH) , Centers for Occupational Collaboration with the California Department of Public Health (CDPH) , Centers for Occupational and Environmental Health , local health departments, etc., to conduct training and/or train-the-and Environmental Health , local health departments, etc., to conduct training and/or train-the-trainer sessions.trainer sessions.

Issued first ATD related citations in April 2010 in response to exposure to bacterial meningitis Issued first ATD related citations in April 2010 in response to exposure to bacterial meningitis case. Over $100,000 in proposed penalties to medical facility. Local fire, police and medical case. Over $100,000 in proposed penalties to medical facility. Local fire, police and medical transportation service also cited.transportation service also cited.

Division’s Health Activities/Special Division’s Health Activities/Special Initiatives cont’Initiatives cont’

Brazilian Blowout (Hair Smoothing Product Safety )Brazilian Blowout (Hair Smoothing Product Safety ) Evaluating whether these products meet California and Federal OSHA's labeling Evaluating whether these products meet California and Federal OSHA's labeling

and other right-to-know requirements regarding formaldehyde content. and other right-to-know requirements regarding formaldehyde content. Investigating complaints regarding the exposures of employees who handle, apply, Investigating complaints regarding the exposures of employees who handle, apply,

or in other ways are exposed to these products.or in other ways are exposed to these products. Guidance document available at Guidance document available at www.dir.ca.gov

NanotechnologyNanotechnology Exposure to nanomaterials covered under T8CCR 3203 IIPP and 5141 Control of Exposure to nanomaterials covered under T8CCR 3203 IIPP and 5141 Control of

Harmful ExposureHarmful Exposure Continued corroboration with Cal/EPA who is lead state agency Continued corroboration with Cal/EPA who is lead state agency Corroboration with academic groups such as the UC system on nonomaterial use Corroboration with academic groups such as the UC system on nonomaterial use

in the academic workplacein the academic workplace

Advisory Process for PELsAdvisory Process for PELs POLICY - POLICY - DOSH will periodically update the list of PELs in Title 8 with the DOSH will periodically update the list of PELs in Title 8 with the

assistance of a 3-step advisory processassistance of a 3-step advisory process

PROCEDURES PROCEDURES Selection of substances by Division staff from recognized professional associations Selection of substances by Division staff from recognized professional associations

and governmental agencies for review that includes an initial advisory meetingand governmental agencies for review that includes an initial advisory meeting Health Expert Advisory Committee (HEAC) – used to review the scientific literature Health Expert Advisory Committee (HEAC) – used to review the scientific literature

and where appropriate, make recommendations for a new or revised PELand where appropriate, make recommendations for a new or revised PEL HEAC recommendations are then considered by the Feasibility Advisory Committee HEAC recommendations are then considered by the Feasibility Advisory Committee

(FAC) to evaluate technical and economic feasibility(FAC) to evaluate technical and economic feasibility

RULEMAKING DOCUMENTS – in developing the draft Initial RULEMAKING DOCUMENTS – in developing the draft Initial Statement of Reasons for submission to the OSHSB, the Division will Statement of Reasons for submission to the OSHSB, the Division will develop and provide:develop and provide:

The occupational exposure levelThe occupational exposure level The health based exposure limit recommended by the HEAC and a summary of the The health based exposure limit recommended by the HEAC and a summary of the

basis for the recommendationbasis for the recommendation Findings of the FAC Findings of the FAC The basis for the Division’s draft proposed PEL for each substance where it differs The basis for the Division’s draft proposed PEL for each substance where it differs

from the FAC or HEAC recommendationfrom the FAC or HEAC recommendation

New and Revised PELsNew and Revised PELs

(n) respirable particulate size-selection parameters modified in Title 5155 Table AC-1 to allow for use of more convenient and higher flow aluminum (“SKC type”) cyclone, or prior MSA nylon cyclone (so no need to buy new equipment if already using these).

PEL’s cont.PEL’s cont. www.dir.ca.gov/dosh/DoshReg/STATUS%20SHEET.xls  PELs project PELs project

substance status list (for next year or so)substance status list (for next year or so).   Next step for substances in .   Next step for substances in top group with recommendations from both HEAC and FAC is Standards top group with recommendations from both HEAC and FAC is Standards Board formal regulatory proposals which are currently in process.Board formal regulatory proposals which are currently in process.

www.dir.ca.gov/dosh/DoshReg/PEL%20Priority%20List.xls    PELs project PELs project substance priority listsubstance priority list. (. (for possible work further in futurefor possible work further in future)   Priorities 0 )   Priorities 0 and 1 are same as in substance status sheet (above).  Priority 2 is those for and 1 are same as in substance status sheet (above).  Priority 2 is those for possible future work.   Also new TLVs will be considered as they are possible future work.   Also new TLVs will be considered as they are adopted each year and if relevant to California workplaces. adopted each year and if relevant to California workplaces.

NNext Health Expert Advisory Committee (HEAC) December 14, 2010 in ext Health Expert Advisory Committee (HEAC) December 14, 2010 in Oakland. Substances planned for discussion include Arsine, Ethanol, Oakland. Substances planned for discussion include Arsine, Ethanol, Gallium arsenide, hydrogen sulfide, methyl isobutyl ketone, Gallium arsenide, hydrogen sulfide, methyl isobutyl ketone,

3 phthalates [butyl benzyl phthalate, di(2-ethylhexyl)phthalate (DEHP), 3 phthalates [butyl benzyl phthalate, di(2-ethylhexyl)phthalate (DEHP), dibutyl phthalate] , n-Propanol, Vanadium pentoxide dibutyl phthalate] , n-Propanol, Vanadium pentoxide

LegislationLegislation

AB 2774 amends Labor Code 6432, which defines a AB 2774 amends Labor Code 6432, which defines a “serious” violation issued by the DOSH.“serious” violation issued by the DOSH.

Establishes a rebuttable presumption that a serious violation exists in a place of employment Establishes a rebuttable presumption that a serious violation exists in a place of employment when there is “reasonable possibility” that death or serious physical harm could result from the when there is “reasonable possibility” that death or serious physical harm could result from the “actual hazard” created by the violation.“actual hazard” created by the violation.

Allows the employer to rebut that presumption by demonstrating that the employer did not Allows the employer to rebut that presumption by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the violation, know and could not, with the exercise of reasonable diligence, have known of the violation, and make this showing by demonstrating that the employer took all steps a reasonable and make this showing by demonstrating that the employer took all steps a reasonable employer would take under the circumstances prior to the violation occurring to anticipate and employer would take under the circumstances prior to the violation occurring to anticipate and prevent the violation (such as training, creating procedures to discover and correct hazards prevent the violation (such as training, creating procedures to discover and correct hazards and having proper employee supervision).and having proper employee supervision).

Requires DOSH to solicit and consider the information in Item (2) from the investigated Requires DOSH to solicit and consider the information in Item (2) from the investigated employer prior to issuing a serious citation.employer prior to issuing a serious citation.

Defines the term “serious physical harm” to include any injury and illness that would be Defines the term “serious physical harm” to include any injury and illness that would be considered a “serious injury or illness” as currently defined in the Labor Code, and also to considered a “serious injury or illness” as currently defined in the Labor Code, and also to include “significant and permanent” impairment or loss of efficiency of part of the body.include “significant and permanent” impairment or loss of efficiency of part of the body.

  Includes a provision making it clear that a DOSH safety engineer or industrial hygienist can Includes a provision making it clear that a DOSH safety engineer or industrial hygienist can be sufficient by itself to establish each element of serious violation.be sufficient by itself to establish each element of serious violation.

Enhanced Federal Annual Monitoring Enhanced Federal Annual Monitoring (E FAME) Report(E FAME) Report

25 state OSH programs evaluated 25 state OSH programs evaluated following the State of Nevadafollowing the State of Nevada

46 Findings and 46 Findings and RecommendationsRecommendations

Complaint response timesComplaint response times Timely verification of abatementTimely verification of abatement

Special Study of the OSHABSpecial Study of the OSHAB Defining “serious hazard” or interpreting “substantial Defining “serious hazard” or interpreting “substantial

probability” inconsistent with Federal OSHA probability” inconsistent with Federal OSHA interpretationsinterpretations

Scheduling of hearingsScheduling of hearings

US Congress US Congress Republican Control of HouseRepublican Control of House

Education and Labor Committee has oversight over DOL Education and Labor Committee has oversight over DOL and OSHA – Chair George Millerand OSHA – Chair George Miller

Will revert to Ranking member – Ranking member Will revert to Ranking member – Ranking member

John Kline (MN) will likely be new chairJohn Kline (MN) will likely be new chair

Workforce and Protections Subcommittee has direct Workforce and Protections Subcommittee has direct oversight over OSHA – Chair Lynn Woolsey oversight over OSHA – Chair Lynn Woolsey

Will revert to Ranking member, and Ranking member Will revert to Ranking member, and Ranking member

Cathy Rodgers will likely be new chairCathy Rodgers will likely be new chair

Protecting America’s Workers Act (HR 2067) pending Protecting America’s Workers Act (HR 2067) pending Move 8.5 million public sector workers under OSHA coverageMove 8.5 million public sector workers under OSHA coverage Changes to the Whistleblower programChanges to the Whistleblower program Update civil and criminal penaltiesUpdate civil and criminal penalties

Brown TransitionBrown Transition

$20 B + budget deficit$20 B + budget deficit 12% unemployment12% unemployment Hiring freeze = unknown at this time if it will remain Hiring freeze = unknown at this time if it will remain

intactintact Personal Leave Program – 1 unpaid day/month to Personal Leave Program – 1 unpaid day/month to

replace the furlough programreplace the furlough program Transition papers for each Department submitted to Transition papers for each Department submitted to

the Transition teamthe Transition team 1974-1982 – then Governor Brown was supportive 1974-1982 – then Governor Brown was supportive

of Cal/OSHA and worker safety and healthof Cal/OSHA and worker safety and health

Guiding PrincipleGuiding Principle

As Deputy Chief, my guiding principle every As Deputy Chief, my guiding principle every day is to take advantage of every day is to take advantage of every opportunity, and collaborate with all internal opportunity, and collaborate with all internal and external stakeholders to aggressively and external stakeholders to aggressively promote the mission of the Division. My promote the mission of the Division. My goal is to ensure to the extent I can that all goal is to ensure to the extent I can that all working men and women in California go working men and women in California go home whole and healthy at the end of the home whole and healthy at the end of the day to their families and loved ones.day to their families and loved ones.