OSHA Update

Jim Maddux - Director Directorate of Construction

Overview

• Standards

• Enforcement

• Guidance

• Emerging issues

Construction Fatalities Have

Declined

Fatal work injuries to construction

workers declined by 19% in 2008, 16%

in 2009, and another 9% in 2010.

Standards

• Pre-rule – Modern records

– Backing operations (RFI)

– Reinforcing and post-tensioned steel construction (ANPR)

– Combustible dust

– Injury and illness prevention programs

Standards

• Pre-rule

– Backing operations (RFI)

August 7 2011 fatal

incident in Utah when a

dump truck and a rotomill

machine were backing up

to make another pass

over the roadway.

Standards

• Pre-rule

– Reinforcing and post-tensioned steel

construction (ANPR)

Combustible Dust

• Published ANPRM 10/21/09

• Held Stakeholder meetings

▬ December 2009, Washington, DC

▬ February 2010, Atlanta, GA,

▬ April 2010, Chicago, IL

▬ June 2010 Virtual stakeholder meeting

• Expert Dust Forum May 13th, 2011

• Next step: SBREFA

Injury and Illness Prevention

Program

• Added to the Spring 2010 Regulatory Agenda

• Stakeholder meetings held – New Brunswick, NJ - June 3

– Dallas, TX - June 10

– Washington, DC - June 29 & July 20

– Sacramento, CA - August 3

• Next Step: SBREFA – Summer 2011

Injury and Illness Prevention

Program

• The core element of Injury and Illness

Prevention Programs are: ▬Management leadership;

▬Worker participation;

▬Hazard identification and assessment;

▬Hazard prevention and control;

▬Education and training;

▬Program evaluation

Injury and Illness Prevention

Program

• Existing standards and guidance materials OSHA is reviewing:

• OSHA’s Voluntary Protection Program (VPP)

• The Safety and Health Achievement Recognition Program (SHARP)

• State regulations

Standards

• Proposed rules

– NAICs and catastrophe reporting revision

– Silica

– Beryllium

Respirable Crystalline Silica

• OSHA submitted a draft proposed rule for

OMB review on February 14.

Basis for Proposed Silica Rule

• OSHA’s current permissible

exposure limit (PEL) for

construction is a formula

based on an obsolete

sampling method.

• Current silica exposure

limits may not adequately

protect workers.

Standards

• Final rules affecting both general industry and construction

– Hazard communication – Globally harmonized system

– Electric power generation and transmission

– Standards Improvement Project, Phase III - completed

– MSD column

Electric Power Generation,

Transmission and Distribution

(Subpart V) • Proposed rule published

6/15/05

• Public hearings 3/6/06

• Record re-opened in 10/22/08

• Record re-opened again 9/14/09 with public hearings 10/28/09

• Next step: Departmental and OMB review

Electric Power Generation,

Transmission and Distribution

(Subpart V)

• Addresses work practices to be used during the construction, operation and repair of electric power lines and equipment

• Proposal would:

– Update the existing standard based on latest consensus standards

– Include new provisions for contractor-host information exchange, protection from electric arcs, minimum approach distances, fall protection from aerial lifts

Revision of the Hazard Communication

Standard to align with the Globally

Harmonized System of Classification and

Labeling of Chemicals (GHS)

• Proposal published 9/30/09

• Comment period ended 12/29/09

• Informal public hearings – Washington DC 3/2 -5,2010

– Pittsburg PA 3/31/10

• Post hearing comment period ended 6/1/10

• Next step: Department and OMB review

Standards

• Final rules focused on construction

– Confined spaces

– Cranes and derricks in underground

construction and demolition

– Cranes and derricks, digger derrick exemption

Standards

• Two cranes and derricks lawsuits

– EEI

– Railroads

FY 2011

Top 10 Most Cited Standards

(Construction Industry)

1. Scaffolding

2. Fall Protection

3. Ladders

4. Fall Protection,

Training Requirements

5. Hazard

Communication

6. General Safety & Health Provisions

7. Head Protection

8. Aerial Lifts

9. Eye & Face Protection

10. Excavation, Specific Excavation Requirements

Severe Violator Enforcement

Program (SVEP)

• Concentrates resources on inspecting

employers who have demonstrated

indifference to their OSH Act obligations

• Replaces OSHA's Enhanced Enforcement

Program (EEP).

Severe Violator Enforcement Program (SVEP) OSHA Instruction CPL 02-00-149

As of August 31, 2011:

• 181 SVEP cases – 36 (20%) of the 181 SVEP cases are fatalities

– 121 (67%) of the 181 SVEP cases are Non-fatality/Catastrophe Related to a High-Emphasis Hazard.

• 111 (61%) of the 181 SVEP cases are in construction – 12 (11%) of the 111 SVEP construction cases are fatalities

• SVEP companies are now listed on the OSHA web page

FY 2007 – FY 2011

Average Penalty Per Serious Violation

$918$998 $970 $1,053

$2,005

$0

$500

$1,000

$1,500

$2,000

$2,500

FY07 FY08 FY09 FY10 FY11

National Emphasis Programs FY 2011

• Primary Metals (June 2, 2011)

• Microwave Popcorn (January 18, 2011)

• Hexavalent Chromium (February 23, 2010)

• Lead (August 14, 2008)

• Combustible Dust (Reissued March 11, 2008)

• Crystalline Silica (January 24, 2008)

National Emphasis Programs FY 2011

• Injury and Illness Recordkeeping (February 19, 2010)

• Amputations (October 27, 2006)

• Trenching (September 9, 1985)

• Chemical Facilities Pilot (July 27, 2009)

• Refineries (June 7, 2007)

• Shipbreaking (November 4, 2010)

National Emphasis Programs Under

Development

• PSM Covered Chemical Facilities

• Nursing Homes & Residential Care Facilities – Focus hazards:

• Ergonomic stressors related to resident handling

• Bloodborne pathogens

• Tuberculosis exposures

• Slips, trips and falls

• Workplace violence

• Isocyanates

Directives Under Development

• Whistleblower Investigations Manual

• Workplace Violence (September 8, 2011)

• Family Fatality

• Pyrotechnics

Construction Directives Under

Development

• Highway work zones

• Personal protective equipment

• Cranes and derricks

• Construction chapter to FOM

• Excavations/trenching

Residential Fall Protection

• Announced revision of directive December 22

• Planned to begin enforcement on June 16, six

months from the policy change, with additional

90 phase-in period

• Employers can still use a fall protection plan if

they can show that fall protection is infeasible or

creates greater hazard

Residential Fall Protection

• Guidance work

– Guidance document completed

– Slide show completed – narration coming

– Fact sheets

– Additional guidance on reroofing & roof repair

– Spanish translations

Construction Guidance Products

• Cranes and derricks products

– Small employer compliance guide published

– FAQs – second round

– Fact sheets

– Letters of interpretation

Construction Guidance Products

• Construction Industry Digest

• Nail Guns guidance product

• Updated trenching guidance

• 100 most frequently cited standards with abatement of the top 25

Guidance Products

• Nail gun injuries lead

to 37,000 emergency

room visits per year

• Study of carpenter

apprentices, 40% had

a nail gun injury within

4 years.

Recently Published/Pending

Guidance from DSG

• Indoor Air Quality Booklet

• Updated Bloodborne Pathogens Fact Sheet

• Respiratory Protection Video for Health Care Workers

• Small Entity Guide for Respiratory Protection

• Aerial Lift Fact Sheet

• Laboratory Safety Guidance Booklet

• Subpart S E-Tool

2010 Heat Illness Campaign

• New compliance assistance and outreach initiative.

• Focus on preventing heat illness to outdoor workers.

• Water, rest, shade

Emerging Issues

Safety

Through

Design

Emerging Issues

Spray foam

insulation and

isocyanate exposures

INTERIOR WALLS

OSHA’s Distracted Driving Initiative:

Don’t Text and Drive

• Webpage: http://www.osha.gov/distracted-driving/index.html