OSHA UpdateMark Hysell

Area Director – Eau Claire Area OfficeOccupational Safety and Health Administration

WITC Superior Safety DaySuperior, WI

December 11, 2018

My Background

• Mark Hysell

– 38 years of service– 1997 Compliance Officer– 2000 Assistant Area Director– 2005 Area Director

Logistics

3

New Administration

Alexander AcostaSecretary of Labor

Key Tools

Enforcement

Outreach

Compliance AssistanceAugust, 2018: U.S. Department of Labor's new Office of Compliance Initiatives (OCI) Announced

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

PREVENTION

Options• Safe And Sound

Initiatives• VPP• SHARP• On-Site Consultation• Website

– Publications– Videos– Safety and Health Topics

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

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

We

Enforcement Reminders

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?

Electronic Tracking Injuries and Illnesses

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

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

Timeline

• Final Rule Federal Register Notice – May 12, 2016• Employee Rights effective date 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

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

2019 and beyond

CY 2018 300A CY 2018 300A Form March 2

General Schedule• General Industry

– SST-FY 2016: Electronic Submissions(Site Specific Targeting)• Higher Injury Rates• Low Rate Verification• Non Reporting Companies

• Emphasis Programs: – LEP (Local), NEP (National), SEP (Special)

Whistleblowers.gov

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 1, 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.

Silica Rule

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 FAQ – Silica- August, 2018

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

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

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

http://www.osha.gov/walking-working-surfaces

Potential Noise Emphasis Program in Region V

• Piloted in some Area Offices• Focus on Engineering Controls• https://hearing.health.mil/• Free Info!!!

https://hearing.health.mil/

Top Ten Violations

Most frequently cited OSHA standards during FY 2018

inspections

We Can Helpwww.osha.gov

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. Fall Protection – Training Requirements

(1926.503)9. Machine Guarding (1910.212)10. Eye and Face Protection (1926.102)

OSHA INITIATIVES

Preventing Falls Protecting Health Care Workers

Workplace Violence

Protecting Temporary Workers

Emergency Preparedness

Heat Illness Prevention

Chemical Hazards

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

Heat Illness Prevention Campaign

Heat illness sickensthousands and results in the deaths of dozensof workers each year

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*)]

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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

Protecting Young WorkersWorkers

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OSHA QuickTakes

OSHA publications for every employer’s workplace training needs

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

�OSHA Update��My BackgroundLogisticsNew Administration�Key ToolsEmployer ResponsibilityPREVENTIONSlide Number 8Slide Number 9Slide Number 10Slide Number 11Enforcement RemindersReport a fatality or severe injurySlide Number 14Electronic Tracking Injuries and IllnessesTimeline� General ScheduleSlide Number 18Slide Number 19Slide Number 20Silica RuleNew FAQ – Silica- August, 2018Slide Number 23Slide Number 24Slide Number 25Potential Noise Emphasis Program in Region VSlide Number 27Slide Number 28Slide Number 29Slide Number 30Slide Number 31Slide Number 32Prevent Workplace ViolenceSlide Number 35Slide Number 36Slide Number 37Slide Number 38