OSHA UpdateMiriam Koesterich, MS, CSP, CIHOccupational Safety and Health Administration

Northeast Industrial Hygiene Conference and ExpositionPrinceton, NJ

December 1, 2017

Objectives1. New Leadership2. Recordkeeping and Reporting3. Walking-Working Surfaces4. Silica5. Beryllium6. Safety and Health Management Systems

New Leadership

Secretary of Labor Alexander Acosta

Sworn in 4/28/2017

• Deputy Secretary of Labor– Vacant

OSHA Leadership• Assistant Secretary

– Vacant

• Deputy Assistant Secretary– Loren Sweatt

• Acting Deputy Assistant Secretary– Thomas Galassi

OSHA:

More than Four Decades of Protecting the Safety and Health of Workers

Key Tools

Enforcement

Outreach

Compliance Assistance

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• 1974-2001 data were estimated from BLS Survey of Employers• 2002-2015 data were gathered from BLS Census of Fatal Injuries• In 2006, BLS switched from employment-based calculations to hourly calculations

Rate of fatal workplace injuries

2015

Top Ten Violations

Most frequently cited OSHA regulations during inspections

1. Fall Protection2. Hazard Communication3. Scaffolding 4. Respiratory Protection 5. Lockout/Tagout6. Powered Industrial Trucks7. Ladders 8. Machine Guarding9. Electrical – Wiring Methods

10. Electrical – General Requirements

Every year more than 4,500 Americans diefrom workplace injuries.

Perhaps as many as 50,000workers die from illnesses in which workplace exposures were a contributing factor.

Millions of workers suffer a serious nonfatal injury or illness annually.

OSHA’s Continuing Mission

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

Recordkeeping and Reporting

Electronic Submissionwww.osha.gov/recordkeeping•Electronically submit injury and illness data employers already are required to record.•Deadline – December 15, 2017•Three options

1. Manually enter data into a webform2. Upload a CSV file to process single or multiple establishments at the

same time3. Users of automated recordkeeping systems will have the ability to

transmit data electronically via an API (application programming interface).

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.

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?

Walking-Working Surfaces&

Fall Protection Rule

Final order November 2016

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

Walking Working Surfaces• Changes to 1910, not 1926• Subpart D - Slip, trip, and fall hazards• Subpart I - Personal fall protection systems

OSHA estimates that these changes will prevent 29 fatalities and

5,842 lost-workday injuries every year.

MAIN EFFECTIVE DATES Rule overall: January 17, 2017

Training: 6 months after publication

Building anchorages for RDS: 1 year after publication

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

Walking Working SurfacesTimeline

May 17, 2017: Train exposed workers on fall hazards Train workers who use equipment covered by the

final rule

November 20, 2017 Inspecting and certifying permanent anchorages for

rope descent systems

Walking Working SurfacesTimeline

November 19, 2018 Install personal fall arrest or ladder safety systems on

new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures Ensure existing fixed ladders over 24 feet, including

those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system

Walking Working SurfacesTimeline

November 18, 2036 Replace cages and wells (used as fall protection) with

ladder safety or personal fall arrest systems on all fixed ladders over 24 feet

Walking Working SurfacesChanges

Fall protection flexibility (§1910.28(b)) – Eliminates the existing mandate to use guardrails as the primary fall protection method and gives employers the flexibility to determine what method they believe will work best in their particular workplace situation.

Updated scaffold requirements (§1910.27(a)) – Replaces the outdated general industry scaffold standards with the requirement that employers comply with OSHA's construction scaffold standards.

Walking Working SurfacesChanges

• Phase-in of ladder safety systems or personal fall arrest systems on fixed ladders (§1910.28(b)(9)) - Equip fixed ladders (that extend over 24 feet) with ladder safety or personal fall arrest systems and prohibits the use of cages and wells as a means of fall protection after 20 years from final order.

Walking Working SurfacesChanges

Phase-out of the "qualified climber" exception in outdoor advertising (§1910.28(b)(10)) - Phases out allowing qualified climbers in outdoor advertising to climb fixed ladders on billboards without fall protection.

Phases in the requirement to equip fixed ladders (over 24 feet) with ladder safety or personal fall arrest systems.

Walking Working SurfacesChanges

Rope descent systems (RDS) and certification of anchorages (§1910.27(b)) - Prohibits employers from using RDS at heights greater than 300 feet above grade (unless they demonstrate it is not feasible or creates a greater hazard to use any other system above that height). Building owners shall provide and employers shall obtain

information that permanent anchorages used with RDS have been inspected, tested, certified, and maintained as capable of supporting at least 5,000 pounds per employee attached.

Walking Working SurfacesChanges

Personal fall protection system performance and use requirements (§1910.140) - Requirements on the performance, inspection, use, and maintenance of these systems (like construction, no use of body belts)

Inspection of walking-working surfaces (§1910.22(d)) -Inspect walking-working surfaces regularly and as needed and correct, repair, or guard against hazardous conditions; and

Walking Working SurfacesChanges

Training (§1910.30) - Workers who use personal fall protection and work in other specified high hazard situations are trained, and retrained as necessary, about fall and equipment hazards, including fall protection systems. Employers must provide information and training

to each worker in a manner the worker understands.

COMPLIANCE ASSISTANCE RESOURCES

OSHA’s new webpage on subparts D&I: www.osha.gov/walking-working-surfaces

Fact sheets

FAQs

Walking-Working Surfaces and PPE (Fall Protection) Rule

Silicawww.osha.gov/silica

Silica in Construction1926.1153

Construction enforcement began 9/23/2017

1. Use the control methods laid out in Table 1 2. Measure workers' exposure to silica and independently

decide which dust controls work best to limit exposures to the PEL in their workplaces.

Silica in General Industry and Maritime

1910.1053 & 1915.1000General Industry and Maritime will begin 6/23/2018 Limit worker exposures to respirable crystalline silica

and to take other steps to protect workers.

Among other things, the standard requires: Action level = 25 µg/m3 (8hr day) PEL = 50 µg/m3 (8hr day) Use dust controls Housekeeping methods that do not create dust Written exposure control plan that identifies tasks that

involve exposure and methods used to protect workers.

Silica in General Industry and Maritime

1910.1053 & 1915.1000

Among other things, the standard requires: Medical exams (including chest X-rays and lung function

tests) every 3 years for workers exposed at or above the action level for 30 or more days per year;

Train workers on work operations that result in silica exposure and ways to limit exposure; and

Keep records of exposure measurements, objective data, and medical exams.

Silica in General Industry and Maritime

1910.1053 & 1915.1000

Cranes & Derricks in Construction

1926.1427Operator qualification and certification

Operator Qualification & Certification

Extended to November 10, 2018: Final rule issued September 2014, extending the deadline

by 3 years for crane operator certification requirements in the Cranes and Derricks in Construction standard.

Final rule also extended by 3 years the employer's responsibility to ensure that crane operators are competent to operate a crane safely.

Workplace Violence

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*)]

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

OSHA Penalty Adjustment

First time OSHA’s penalties were adjusted since 1990

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

New Penalty LevelsAdjusted Jan 17, 2017

Type of Violation New Maximum*

Serious andOther-Than-Serious

Posting Requirements$12,675 per violation

Willful or Repeated $126,749 per violation

Failure to Abate$12,675 per day

beyond the abatement date

*Maximum penalties will be readjusted annually for inflation.

Beryllium

www.osha.gov/berylliumrule

Beryllium Published with a start date of March 12, 2018 (one year

from original effective date) for general industry, construction, and shipyard. March 11, 2019 – Provide required change rooms and showers March 10, 2020 – Implement engineering controls

Majority of exposure in general industry Beryllium metal and ceramic production, non-ferrous foundries,

and fabrication of beryllium alloy products

Construction and shipyard Abrasive blasting using slags that contain trace amounts

Beryllium

Lightweight and strong metal Dermal and respiratory sensitizer Chronic beryllium disease (CBD) Key Provisions: Reduces PEL from 2ug/m3 to 0.2ug/m3

(TLV=0.05ug/m3) Adds STEL of 2ug/m3 (15 min) Requires engineering and work practice controls Medical exams

Safety and Health Management Systems

osha.gov/shpguidelines

1989 Safety and Health Program Management Guidelines

Updated October 2016

With lessons learned from VPP and SHARP employers;

And OHSAS 18001, ANSI Z10, and ISO 45001

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

Safety and Health Programs

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: June 2017

Safe + Sound Campaign

Whistleblowers.gov

Whistleblower Protections

Bad for workersand bad for business

When workers fear retaliation for speaking up, problems in the workplace go unreported and become costlier to fix.

Retaliation against workers

COMPLIANCE ASSISTANCEOSHA helping employers

21 million visitors to OSHA’s website in FY 2015251,000 responses to OSHA 1-800 calls for help21,000 Spanish-speaking callers helped16,000 e-mail requests for assistance answered 5,000 outreach activities by Regional & Area Offices 27,800 small businesses helped through Consultation

Compliance AssistanceOSHA helping employers

We

On-site Consultation

Interactive Hazard ID Safety Tool Helps small businesses

learn how to identify workplace hazards

Interactive features challenge users: “Can you spot all the hazards?”

Now updated with a new healthcare scenario and two new visual inspections

osha.gov/hazfinder

OSHA Working with Oil & Gas Industry Tank Gauging Hazard Alert Hot Work Hazard Alert Safety Stand-Downs Updating OSHA’s Oil and Gas eTool

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

13Stopworker fallsFollowing a dramatic decline, communication towers-related worker deaths have risen again

2013

12

2014

3

2015Source: U.S. Department of Labor Occupational Safety and Health Administration

6

2016

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OSHA QuickTakes

OSHA publications for every employer’s workplace training needs

saves lives prevents injuries saves you money

The Value of PREVENTION

— National Safety Council“Injury Facts” 2014

Workplace injuries and fatalities cost our economy $198.2 billion a year.

www.osha.gov800-321-OSHA (6742)