OSHA Update OSHA Update Issues in 2011Issues in 2011

George Yoksas, Area DirectorMilwaukee OSHA OfficeApril 2011

OSHA at 40

Future Dr. Michael’s VisionDr. Michael’s Vision

Stronger enforcement: Some employers Stronger enforcement: Some employers need incentives to do the right thing.need incentives to do the right thing.

Ensure that workers have a voiceEnsure that workers have a voice Refocus and strengthen our compliance Refocus and strengthen our compliance

assistance programsassistance programs Change workplace culture: Employers Change workplace culture: Employers

must “find and fix” workplace hazardsmust “find and fix” workplace hazards Improve and modernize workplace injury Improve and modernize workplace injury

and illness tracking: Strengthen our focus and illness tracking: Strengthen our focus on accurate recordkeepingon accurate recordkeeping

Strengthen OSHA’s use of scienceStrengthen OSHA’s use of science

Injury and Illness Prevention ProgramInjury and Illness Prevention Program Confined Space in Construction Confined Space in Construction SilicaSilica Global Harmonization - HazCom Global Harmonization - HazCom BerylliumBeryllium PELs PELs (Permissible Exposure Limits)(Permissible Exposure Limits) Infectious DiseasesInfectious Diseases Modernizing Recordkeeping Modernizing Recordkeeping

MSD ColumnMSD Column

Regulatory AgendaRegulatory Agenda Hot Topics

Recent NewsRecent News OSHA Penalty StructureOSHA Penalty Structure Serious Violators Enforcement Serious Violators Enforcement

Program Program New Crane StandardNew Crane Standard Fall Protection in Residential Fall Protection in Residential

ConstructionConstruction

Penalty ChangesPenalty Changes

1.1. Gravity-Based Gravity-Based PenaltyPenalty

2.2. SizeSize3.3. HistoryHistory4.4. Good FaithGood Faith5.5. Increased Increased

Minimum PenaltiesMinimum Penalties6.6. Severe Violator Severe Violator

Enforcement Enforcement ProgramProgram

7.7. Repeat ViolationsRepeat Violations

8.8. Informal Informal Conference Conference ConsiderationConsideration

9.9. Application of Application of penalty penalty adjustment adjustment factorsfactors

Effective 10/1/10

Severe Violator Severe Violator Enforcement Program - Enforcement Program - SVEPSVEP

Replaces the Enhanced Enforcement Replaces the Enhanced Enforcement Program (EEP)Program (EEP)

Modifies guidance for grouping related Modifies guidance for grouping related HG serious violations and permits HG serious violations and permits citing each with its own penaltyciting each with its own penalty

AD may limit adjustment for SVEP AD may limit adjustment for SVEP related violations to achieve the related violations to achieve the appropriate deterrent effectappropriate deterrent effect

Fatality/Catastrophe CriterionFatality/Catastrophe Criterion One or more willful or repeated One or more willful or repeated citations or citations or failure-to-abate notices failure-to-abate notices based on a serious based on a serious violation related to a violation related to a death of an employee or death of an employee or three or more three or more hospitalizationshospitalizations

Non-Fatality/Catastrophe Criterion Non-Fatality/Catastrophe Criterion Related to High-Emphasis Hazards Related to High-Emphasis Hazards

Two or more willful or repeated Two or more willful or repeated violations violations or failure-to-abate notices based or failure-to-abate notices based on high on high gravity serious violations related gravity serious violations related to a High-to a High- Emphasis HazardEmphasis Hazard

SVEP Criteria

SVEP Criteria SVEP Criteria (cont.)(cont.)

Non-Fatality/Catastrophe Criterion for Non-Fatality/Catastrophe Criterion for Hazards Due to the Potential Release of Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM)a Highly Hazardous Chemical (PSM)

Three or more willful or repeated violations or failure-to-abate notices

based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard

SVEP Criteria SVEP Criteria (cont.)(cont.)

Egregious CriterionEgregious Criterion

All All egregious egregious (e.g., per-instance (e.g., per-instance citations) citations) enforcement actions including enforcement actions including RecordkeepingRecordkeeping

SVEP High Emphasis Hazards:

Fall HazardsFall Hazards Amputation Amputation

HazardsHazards Combustible Dust Combustible Dust

HazardsHazards Crystalline Silica Crystalline Silica

HazardsHazards Lead HazardsLead Hazards Excavation/Excavation/

Trenching HazardsTrenching Hazards

New Regulationsand Directives

OSHA’s New Crane OSHA’s New Crane Standard HighlightsStandard Highlights

• Ground Conditions• Assembly/Disassembly• Power lines• Operator Certification• Signals/Rigging• Inspections

Fall Protection Requirements Fall Protection Requirements for Residential Construction for Residential Construction

Effective June 16, 2011Effective June 16, 2011• Workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection or alternative fall protection measures allowed under 1926.501(b) for particular types of work.

• If an employer can demonstrate that fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls.

Emphasis ProgramsEmphasis Programs

Target Areas that could

Generate an Inspection

Emphasis Programs in Emphasis Programs in Construction for 2011Construction for 2011

• Falls • Trenches• Silica• Lead• PIV”s* (Powered Industrial Vehicles)

• Forklifts, Skid Steers, Earth Moving Equipment that has been modified to accept forks, such as Front End Loaders

• Building Renovation/Rehab (MKE, APL, MAD)

• Construction TargetingUTenn: Dodge Report

What Could Generate an Inspection?

* Complaint Based or Observed

during an Inspection

Emphasis Programs in Emphasis Programs in General Industry for 2011General Industry for 2011

• Powered Industrial Vehicles (PIVs)• Lead• Silica• Site Specific Targeting (SST)• Combustible Dust• Amputations• Chemical Plants/Process Safety• Flavorings (Diacetyl)• Primary Metals• Recordkeeping• Grain Handling

• Federal Agencies• Air Traffic Control Towers

What Could Generate an Inspection?

New Outreach New Outreach TopicsTopics

HeatHeat FatigueFatigue Distracted DrivingDistracted Driving

Most Frequently Cited Most Frequently Cited Violations in General IndustryViolations in General Industry

1) 1200 (e)(1) Hazard Communication Program2) 212 (a)(1) Machine Area Guarding3) 1200 (h)(1) Hazard Communication Training4) 23 (h)(1) Guarding of Open Sided

Floors/Platforms5) 215 (b)(9) Grinders – Tongue Guards 6) 151 (c) Eyewash7) 147 (c)(4)(i) Lockout Procedures8) 212 (a)(3)(ii) Point of Operation Guarding9) 178 (l)(1)(i) Competency on Operating

Powered Industrial Trucks 10) 147 (c)(1) Lockout Program

National Statistics FY 2010

Most Frequently Cited Most Frequently Cited Violations Violations

in Constructionin Construction 1) 501 (b)(13) Residential Fall Protection 6’ or Higher

2) 1053 (b)(1) Ladder Extension not 3 Feet Above Landing

3) 501 (b)(1) Unprotected Sides and Edges 4) 100 (a) Hard Hats 5) 503 (a)(1) Fall Hazards Training Program 6) 102 (a)(1) Eye and Face Protection 7) 453 (b)(2)(v) No Harness while in an Aerial Lift 8) 451 (g)(1) Scaffold Fall Protection - 10’ and

Higher 9) 451 (e)(1) Scaffold Access – 2’ or more 10) 451 (b)(1) Scaffold Platform – Not Fully PlankedNational Statistics FY 2010

Safety and Health ResourcesSafety and Health Resources

                                                                          

                            Compliance Assistance Quick StartCompliance Assistance Quick Start is a tool to is a tool to introduce employers and employees, introduce employers and employees, especially those at new or small businesses, to especially those at new or small businesses, to the compliance assistance resources on the compliance assistance resources on OSHA’s website. Quick Start currently includes OSHA’s website. Quick Start currently includes

modules for:modules for: General IndustryGeneral Industry ConstructionConstruction Health CareHealth Care Hispanic OutreachHispanic Outreach By following the step-by-step guides, you can By following the step-by-step guides, you can generate an initial set of compliance generate an initial set of compliance assistance materials tailored to your workplaceassistance materials tailored to your workplace

Web Page Assistance

Resources: Wisconsin OSHA Safety Newsletter

• Construction and General Industry•Published 3-4 times

each year• Focuses on upcoming and hot topics

• Provides Regional fatality data and most frequently cited issues

Milwaukee Area OfficeMilwaukee Area Office88thth Annual Safety Day Annual Safety Day

Cooperative Effort BetweenOSHA, ASSE

WCTC, WisCon

• Thirty Educational Sessions taught by OSHA Staff and ASSE Members• Special ½ and Full day Sessions• OSHA 10 Hour Class Finishing

on Safety Day• Vendor Area

Reaching Out 2011

June 9, 2011

Eau Claire715-832-9019

Madison608-441-5388

Milwaukee414-297-3315

Appleton920-734-4521

Wisconsin OSHA Offices

Questions

OSHA at 40OSHA at 40