OSHA Update

Mary M. Bauer CSP, CIHCompliance Assistance Specialist

Occupational Safety and Health Administration

WITC Safety DayRice Lake, WIApril 12 , 2018

My Background

• Mary Bauer

– 32 years w/ OSHA– 20 Compliance Officer

– 12 Compliance Assistance Specialist

– IH/ Safety

– CIH: Certified Industrial Hygienist

– CSP: Certified Safety Professional

– 1000 + Inspections

New Administration

Alexander Acosta

Secretary of Labor

Scott Mugno

Head of OSHA

Nominee

FedEx Safety

Key Tools

Enforcement

Outreach

Compliance Assistance

Employer Responsibility

OSH Law: Workplace safety and health is the responsibility of employers

Cornerstone: Prevention

Set the tone: Make safety and health a workplace priority

Right incentives: Reward workers for showing initiative, raising safety concerns, and participating in prevention efforts

osha.gov/employers

Report a fatality or severe injury

All employers are required to notify OSHA when an employee is killed on the jobor suffers a work-related hospitalization, amputation,or loss of an eye.

A fatality must be reported within 8 hours.

An in-patient hospitalization, amputation, or eye loss

must be reported within 24 hours.

HOW DO I REPORT?

1. Call 1-800-321-OSHA (6742) or 2. Call your local OSHA office: 3. On-Line OSHA Website www.osha.gov

During business hours, call the nearest OSHA office

Or call the OSHA 24-hour hotline 1-800-321-6742 (OSHA)

Or report online at osha.gov/report

Be prepared to supply:

name of the establishment, location and time of the incident, names of employees affected, brief description of incident, and a contact person and phone number

How can employers report to OSHA?

OSHA Inspection Priority

Priority Category of Inspection

1st Imminent Danger:Reasonable certainty an immediate danger exists

2nd Fatality or Reportable Event:Reported to OSHA 8 or 24 hrs; inspected ASAP

3rd Complaints/Referrals:Worker or worker representative can file a complaint

about a safety or health hazard

4th Programmed Inspections:Cover industries and employers with high injury and

illness rates, specific hazards, or other exposures.

Electronic Tracking Injuries and

Illnesses

https://www.osha.gov/recordkeeping/finalrule/interp_recordkeeping_101816.html

Timeline

• Final Rule Federal Register Notice – May 12, 2016

• Employee Rights effective date – August 10, 2016 November 1, 2016, December 1, 2016

• Electronic Reporting effective Date – January 1, 2017

• Phase-in data submission due dates

Submission

year

Establishments with 250 or

more employees in industries

covered by the recordkeeping

rule

Establishments with

20-249 employees In

select industries

Submission

deadline

2017CY 2016 300A Form CY 2016 300A Form Dec. 15,

2017

2018CY 2017 300A, 300, 301 Forms CY 2017 300A Form July 1, 2018

2019 and

beyond

300A, 300, 301 Forms 300A Form March 2

Electronic Tracking Injuries and

Illnesses• 1/19/2018 As reported by BNA• https://www.bna.com/employers-osha-injury-n73014474351/

• The Trump administration has backed

away from both public disclosure on its

website and requiring employers to submit

more detailed information in 2018, such as

incident reports for each injury. Details of

proposed changes to the rule are

expected later this year (RIN:1218-AD17).

Incentive Programs:

Performance Metrics

Attitudes (set up conditions,

behavior)Program Elements

Physical conditions

Behavior (action)

- Perception surveys

-Training-Accountability-Communications-Planning & Evaluation-Roles & Procedures- Incident Investigations

-Inspections-Audits _Risk assessments

-Prevention & control

-Observations-Feedback loops

Incident or Near

Miss

-OSHA Recordables-Lost Workdays-Restricted Workdays

Leading Metrics

Trailing Metrics

ORC Worldwide Metrics Taskforce

Drug Testing Program

• The rule does not prohibit drug testing of employees. It only prohibits employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing.

Drug testing for a repetitive motion case would not

be appropriate. Testing all parties involved in an

accident could be appropriate – not just the injured.

OSHA Penalty Adjustment

OSHA’s penalties were set in 1970 and first adjusted in 1990.

Congress mandated the August, 2016penalty increase / “catch-up” adjustment.

OSHA will adjust its civil monetary penalties annually to account for inflation

New Penalty LevelsAdjusted Jan 02, 2018

Type of Violation New Maximum*

Serious andOther-Than-Serious

Posting Requirements

$12,934 per violation

Willful or Repeated $129,336 per violation

Failure to Abate$12,934 per day

beyond the abatement date

*Maximum penalties will be readjusted annually for inflation.

Top Ten ViolationsMost 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)

Multi-Employer Worksite Policy

Who’s Problem is it?

Host and Contractor

relationship.

It’s Everyone’s Problem!!!

• Creating– Who left the box open?

• Exposing– Who’s Employees were exposed to the box?

• Correcting– Who Was to ensure it was covered or closed?

• Controlling– Who Has Oversight/Authority for The Project?

Construction Crane Standard

Digger Derrick Exemption

Expanded

• Setting Pad Transformers

is exempted

• Telecommunication work

exempted

Certification Extension:

November 10, 2018

• WASHINGTON – The

Occupational Safety and

Health Administration has

announced that it will

extend the compliance

date for the crane

operator certification

requirement by one year

to Nov. 10, 2018.

Crystalline Silica Standard

• Applies to all exposures of respirable crystalline silica,

when exposure to respirable crystalline silica exceeds or

might exceed the new PEL of 50 µg/ over 8-hour period

TWA

Construction on

September 23, 2017

General Industry on

June 23, 2018

Establishes an 8-hour

TWA PEL of 50 µg/m3

Silica Rule

Construction

Establishes new PEL of 50 μg/m3

Includes provisions for:

– Measuring worker exposures to silica;

– Limiting access to areas where workers could be

exposed above the PEL;

– Use of dust controls;

– Use of respirators when necessary;

– Medical exams for highly exposed workers;

– Worker training; and

– Recordkeeping.

New Walking-Working Surfaces and

PPE (Fall Protection) Rule

Updates outdated subpart D standard, incorporating new technology & industry practices

Increases consistency with OSHA’s construction standards (CFR 1926 subparts L, M, and X)

Adds new provisions to Subpart Ithat set forth criteria requirements for personal fall protection equipment

Walking-Working Surfaces and PPE (Fall Protection) Rule

CAUTION

MAIN EFFECTIVE DATES

Rule overall: January 17, 2017

Training: 6 months after publication

Building anchorages for RDS: 1 year after publication-Memo

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

CAUTION

Walking-Working Surfaces and PPE (Fall Protection) Rule

1910.28(b)(13): Work on Low-Sloped Roofs

Need Fall Protection for

the 6’ Access area and

transition to the ladder.

15’ Min

1910.28(b)(9)(i): Implementation Dates

1910.28(b)(9)(i)

(9) Fixed ladders (that extend more than 24 feet (7.3 m)

above a lower level). (i) For fixed ladders that extend more

than 24 feet (7.3 m) above a lower level, the employer must

ensure: 1/17/2017

1910.28(b)(9)(i)(A)

(A) Existing fixed ladders. Each fixed ladder installed before

November 19, 2018 is equipped with a personal fall arrest

system, ladder safety system, cage, or well; 1/17/2017

1910.28(b)(9)(i)(B)

(B) New fixed ladders. Each fixed ladder installed on and

after November 19, 2018, is equipped with a personal fall

arrest system or a ladder safety system; 11/19/2018

1910.28(b)(9)(i)(C)

(C) Replacement. When a fixed ladder, cage, or well, or any

portion of a section thereof, is replaced, a personal fall arrest

system or ladder safety system is installed in at least that

section of the fixed ladder, cage, or well where the

replacement is located; and 1/17/2017

1910.28(b)(9)(i)(D)

(D) Final deadline. On and after November 18, 2036, all fixed

ladders are equipped with a personal fall arrest system or a

ladder safety system. 11/18/2036

Ladder Safety System in Use

Hierarchy of Controls for Falls

• Combustible Dust

• Federal Agencies

• Hazardous Machinery (Amputation)

• Hexavalent Chromium

• Lead Exposures (GI and Construction)

• Primary Metals Industries (Foundries)

• Process Safety Management (Chemicals)

• Shipbreaking

• Trenching and Excavation

National Emphasis Programs (NEP) FY 18

• Rehab, Renovation and Demolition

• Powered Industrial Vehicles (PIV)

• Falls: General Industry and Construction

• Grain Handling Facilities

• Tree Trimming Operations

• Wood Pallet Manufacturing

• Shipbuilding and Repair

• Lead

• Silica

Local Emphasis Programs (LEP) FY 18

OSHA INITIATIVES

Preventing Falls Protecting Health Care Workers

Workplace Violence

Protecting Temporary Workers Heat Illness Prevention

Chemical Hazards

Disturbing Trend: Struck-By Fatalities

E.Y.E.S – Evaluate Your Entire SurroundingsPreventing Struck-By Accidents

“DO YOU SEE ME NOW???

Truck Driver Flyer

Back Over Prevention Campaign

Developed by

the Eau Claire

OSHA Office

Jan., 2018

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

Fall Prevention Campaign

May 7-11, 2018

Trenching Safety Stand Down

June 18-23, 2018

OSHA along with NUCA (National Utility Contractors Association) are promoting Trench Safety Awareness through Tailgate Meetings and other Safety Activities to draw attention to the specific hazards related to working in and around trenches/ excavations.

saves lives

prevents injuries

saves you money

The Value of PREVENTION

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: August 13-18, 2018

Safe + Sound Campaign

Watch for a Half

Day Workshop

Sponsored by

Western WI

Safety Council

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

Shifting the Safety Curve

• Distribution of Employers,

by Commitment to Workplace Safety

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

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

OSHA’s Safety and Health Program Recommended

Prevent Workplace Violence

OSHA RECOMMENDS:

Policy Statement

Hazard/Threat/Security assessment

Workplace controls and prevention strategies

Training and education

Incident reporting and investigation

Periodic review with employee input

Facts About Workplace Violence

Very few organizations will ever

experience disturbed employees

engaging in shooting sprees that

wound and kill multiple victims

A far greater number will face

other forms of workplace violence

✦ Threatening behavior and

violent events that are less

spectacular and less deadly

✦ Nonetheless, significantly

damage the well-being of an

organization and place

employees in harm’s way

✦ Moral and Turnover

LEARN HOW to assess hazards & develop individual worksite plans:www.OSHA.gov

Top 5 industries reporting worker injuries from workplace violence

11,140 Healthcare & Social Assistance1,420 Retail

960 Food Services & Accommodation

910 Transportation & Warehousing/Waste Management

810 Education

Source: Bureau of Labor Statistics (2014). Survey of Occupational Injuries and Illnesses.[Intentional Injury by Person (OIICS code 11*)]

Eau Claire County, Dec. 14,

2017: The driver of the

truck, an adult male, told

authorities he became

distracted while tending to

an energy drink before

crashing into the buggy at

or near the highway speed

of 55 mph.

What if that were your company vehicle and driver?

Whistleblowers.gov

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OSHA QuickTakes

OSHA publications for every employer’s workplace training needs

Released 1/3/2018Wisconsin Farm Fatality

Eau

Claire

MadisonMilwaukee

Appleton

Wisconsin Compliance Assistance Specialists

Kelly Bubolz Leslie Ptak

U. S. Dept. of Labor - OSHA U. S. Dept. of Labor - OSHA

1648 Tri Park Way 4802 E. Broadway

Appleton, WI 54914 Madison, WI 53716

(920) 734-4521 (608) 441-5388

Mary Bauer Vacant

U. S. Dept. Of Labor - OSHA U. S. Dept. of Labor - OSHA

1310 W. Clairemont Ave 310 W. Wisconsin Ave

Eau Claire, WI 54701 Milwaukee, WI 53203

(715) 832-9019 (414) 297-3315

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.

www.osha.gov

800-321-OSHA (6742)

0

10,000

20,000

30,000

40,000

50,000

FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17

44,50642,900

41,591

Inspections EU Value

Inspections ConductedFY 2010 – FY 2017

Note: Enforcement Units are based on inspection opening conference date. However, additional EU values may be added for open inspections pending

citation issuance. Final EU values for FY2017 will be available in March 2018.

% Programmed vs. % UnprogrammedFY 2010 – FY 2017

0%

20%

40%

60%

80%

100%

FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17

60%57% 56% 57%

53%

46%

40%44%

40%43% 44% 43%

47%

54%60%

56%

Programmed Unprogrammed

Total Violations IssuedFY 2010 – FY 2017

0

20,000

40,000

60,000

80,000

100,000

120,000

FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17

96,742

85,514

78,723 78,196

67,94165,096

58,702

51,273

Note: Violation counts are based on citation issuance date. OSHA has up to six months after the occurrence of a violation to issue a citation. Therefore,

inspections opened in the last six months of FY2017 may have citations issued and accounted for in FY2018.