(your presentation/ paper title) - amazon web services · afs sand casting conference october...

AFS Sand Casting ConferenceOctober 20-22, 2014 – Indianapolis, IN USA

OSHA Update Key Agency Priorities Impacting

the Foundry Industry

Stephanie SalmonAFS Washington Office

AFS Sand Casting ConferenceOctober 22, 2014


Overview of Presentation

• OSHA’s Top Priorities

– Enforcement

– New Regulations

– New Employer Initiatives

• November Elections

• Outlook for 2015


Occupational Safety & Health

Administration

http://www.google.com/url?sa=i&source=images&cd=&cad=rja&docid=SplrrLLRclvgvM&tbnid=VvA-ad6NcdLGxM:&ved=0CAgQjRwwAA&url=http://wtaq.com/news/articles/2012/feb/23/osha-cites-milk-specialties-company-plant-for-august-blaze/&ei=IPH2UaSeC8vB4APr0YEw&psig=AFQjCNEIPQVduJtXXH5PiwwcEIQvTD0Pjw&ust=1375224480207340


What’s on OSHA’s Radar2014 - 2015 Priorities


OSHA Priority: Enforcement

• STRONG Emphasis on Enforcement

– Use of Media / Press Releases / Tweets to Shame

Companies with Announcement of Proposed OSHA Fines

• Focus on High Hazard Industries = Foundry

Industry

• Underreporting of Injuries / Illnesses

• More Significant Cases

Fines totaling at least $100,000 up over 25%

• Use of Programmed Inspections

− Silica & Primary Metals National Emphasis Program


OSHA Modifies Web Page

• “Filing a Complaint”– Key Focus


Foundry Accidents,

Fatalities & Injuries


Foundry Accidents & Fatalities

2013-2014Foundry / Location Date Type of Accident

Waupaca Foundry Tell City, IN

July 6, 2013 Fall

1 Fatality

Torrance CastingsLa Crosse, WI

July 29, 2013 Furnace relining fall

1 Fatality

Anvil International Columbia, PA

Aug. 6, 2013 Fire

1 Injury

Vulcan Inc. Foley, AL

Sept. 26, 2013 Fire / No injuries

Designed Alloy Products Chattanooga, TN

October 25, 2013 Fire

13 injuries

Elyria Foundry Elyria, OH

Dec. 25, 2013 Fire

No injuries

Master Cast Aluminum Foundry Batavia, IL

March 5, 2014 Fire

No injuries to employees

Johnson Brass & Machine FoundrySaukville, WI

May 19, 2014 Molten Metal Spill

8 Injured

Global Foundries Malta, NY

June 26, 2014 Equipment fell on employee

1 Fatality

Bradken Foundry Atchinson, KS

July 28, 2014 Electrical Fire

2 workers injured

Kenosha Steel Castings

Kenosha, WI

Aug. 23, 2014 Fire / No injuries

Cannon-Muskegon

Norton Shores, MI

Sept. 16, 2014 Dust Collector caught fire

No injuries


Significant Foundry Fines Foundry Inspection Violations Initial Fine Date

EJ USA – NY Site Specific

Targeting

No hearing protection program;

no handrail on stairs $56,000 10/2013

Pure Power

Technologies - WI Accident Electric arc flash $119,000 12/2013

Reliable Castings – OH Safety Inspection 14 Violations - Crushing &

Amputation Hazards - SVEP $293,700 12/2013

Torrance Castings - WI Fatality Confined Space, PPE $47,700 1/2014

Domestic Casting – PA Follow-up Repeat violations – electrical

hazards, platforms not guarded $163,240 2/2014

San Cast – OH Follow-up Falls, amputation hazards

17 violations $115,900 5/2014

Piqua Champion

Foundry - OH Safety Inspection

Overexposures to Silica – 7

repeat & 13 serious violations $57,140 7/2014

Beck Aluminum – WI Safety Inspection Improper procedures for

handling liquid chlorine $32,890 9/2014

KVK Foundry – IL Safety Inspection Failure to maintain respiratory

protection& hearing conservation $48,928 9/2014

Columbus Castings –

OH

Accident

Machine hazards worker pinned

suffering broken back/collapsed

lung

$89,500 10/2014


OSHA’s Regulatory Agenda

Top Priority – New Rules


Final Rule: Major Changes to OSHA’sInjury and Illness Reporting Rule

• Expands List of Severe Injuries that Employers Must Report to OSHA

• Methods of Reporting Expanded

– Call OSHA’s confidential number 800-321-OSHA or contact local OSHA Area Office

– Employers will be able to go OSHA’s (not-yet-available) web portal and make report electronically

– Employer’s report of all hospitalizations, amputations, or eye losses to be publicly available on OSHA’s website for 1st time

– Fatality Information already posted

• OSHA: public disclosure will incentivize employers to ensure a safe workplace for their employees

• Effective Date

– Jan 1, 2015 for Federal Plan States


New OSHA Reporting Rule

Type of IncidentReporting Requirement

Through Dec. 31, 2014

Reporting Requirement

Effective Jan. 1, 2015

Work-Related Fatality

Report to OSHA within 8

hours (if fatality occurs within

30 days of the incident).

Report to OSHA within 8

hours (if fatality occurs

within 30 days of the

incident). Unchanged.

Work-related In-Patient

Hospitalization of 1 or

more Employees

For 1–2 employees, no

reporting required.

For 3 or more employees,

report to OSHA within 8 hours.

Report to OSHA within

24 hours (if hospitalization

occurs within 24 hours of

the incident).

Work-Related

AmputationNo reporting requirement.


24 hours (if amputation

occurs within 24 hours of

the incident).

Work-Related Loss of an

EyeNo reporting requirement.


24 hours (if loss occurs

within 24 hours of the

incident).


OSHA Reporting RuleDefinitions of New Terms

• Revised Rule Contains 2 New Definitions

– In-patient Hospitalization - “formal admission to in-patient service of a hospital or clinic for treatment” that involves more than only observation or diagnostic testing

– Amputation - “traumatic loss of a limb or other external body part . . . such as a limb or appendage, that has been severed, cut off, amputated (completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; [and] amputations of body parts that have since been reattached”

– DOES NOT Include

• “avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth”


Final Rule: Walking & Working

Surfaces

• Walking and Working Surfaces and

Personal Fall Protection Systems

– Incorporates current technology into its

standard for preventing slip, trip, and fall

hazards

– Establishes requirements for personal fall

protection systems

– OSHA plans to issue a final rule in Oct.

2014


Proposed Rule: Crystalline Silica

• Occupational Exposure to Crystalline Silica

– Worked for a year coordinating response to OSHA

– Regular Outreach with Lawmakers & Hill Staff

– Docket closed – Final Rule 2016

• One of the Most Significant & Comprehensive Health Rulemakings ever Undertaken

‒ 230 pages FR notice; 1,400 pages economic analysis / 400 pages risk assessment

‒ OSHA docket - Thousands of comments, reports, studies inserted into record

‒ 3 weeks of public hearings

‒ AFS Testified, Provided Comments & Post Hearing Brief


Crystalline Silica Rulemaking

• Many Thanks to Indiana AFS members & Indiana Cast Metals Assn.

• Provided data, comments, & examples of how this rule will impact our industry!

• AFS Next Steps with Lawmakers on Hill

– Continue to generate Hill letters/public statements

– Focus on regulatory overreach, feasibility, & cost

– Meet with appropriators on inserting spending restrictions language in bill funding Labor Deptdesigned to affect the rulemaking


Proposed Rule

Injury & Illness Recordkeeping Rule

• Proposing Major Recordkeeping Changes

– Requiring facilities to submit OSHA 300 Log, 301 Incident

Report, & OSHA 300A summary

– More than 250 employees = Quarterly Reporting - facility-by-

facility rather than an entire company (+ high injury/illness

industries=foundries)

– 20 to 250 employees = Annual Reporting

– OSHA will be responsible for redacting employee names and

other personality identifiable information

– OSHA to post the data from the reports into searchable database

on agency website

• AFS Filed Written Comments - March 2014

• Additional Comments Due – October 2014


Other Proposed Rules

Coming Soon…

• Occupational Exposure to Beryllium

− Lower by 90% the allowed limit on worker

exposures to beryllium to .2 mg/u3 TWA

− Puts in place medical surveillance requirements

− Based on union and industry agreement

− What’s Next? Issue Notice of Proposed Rulemaking

– before end of 2014

− Updating OSHA Standards Based on National

Consensus Standards Eye & Face Protection

– OSHA to publish a direct final rule soon


Pre-Rule Stage: Review of

OSHA Chemical Standards / PELs

• Issue

– Look back of OSHA chemical standards

– Majority of OSHA’s Permissible Exposure Limits (PELs) were adopted in 1971

– Only a few have been updated

– Developing Request for Information (RFI) to identify effective ways to update occupational exposure to chemicals

• Status

– OSHA released list of alternative/safer chemicals for industry to utilize (Oct 2013)

– Federal Advisory Council recommended that OSHA ask President to issue executive order requiring Fed. Agencies follow updated PELs

– Request for Information to be released soon


Pre- Rule: Combustible Dust• Issue

− Developing rule requiring industries to better control combustible dust hazards

− Number of OSHA standards address aspects of this hazard, but NO comprehensive standard

• Impact on Foundries

– Combustible Metals (Al, Mg, Fe) / Organics

– Trigger requirements for: Communication, Housekeeping, Explosion venting, NFPA 484, 564, 68

• Status

− Proposed standard is long ways off

− No good definition of what is “combustible”

− Gathering information through Natl Emphasis Program

− OSHA scheduled to hold small business impact review of proposed rule in December 2014

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=lGfMH7yIt-RSFM&tbnid=QPOppzFmNufv1M:&ved=0CAUQjRw&url=http://nationalsafety.wordpress.com/2012/09/&ei=94E-Uf7ZDYix0AGF-IFI&bvm=bv.43287494,d.dmQ&psig=AFQjCNEmNHY1TPJFd6p3TqeUwTTl6V7Z5A&ust=1363137396130547


OSHA Proposals Placed on Back Burner

• GOOD NEWS!OSHA Moved 2 Proposals to Long-term Action in May

• Injury and Illness Prevention Program (I2P2)

– Although I2P2 plans are the law in many states, federal OSHA has not yet required that employers establish formal written I2P2 plans to “find and fix” workplace hazards under penalty of enforcement

• MSD Column to OSHA’s Form 300 Injury and Illness Log

– Moved to Long-term action

– Note: OSHA continues to enforce ergonomics in all industries utilizing general duty clause


New OSHA Initiatives


Temporary Workers

• Top Agency Priority – Launched April 29, 2013

– Increase use of temporary workers

– 14 temp workers died during first day in 2013

– OSHA concerned that temp workers not trained or protected to the

same degree as full-time employees

– Employers AND Staffing agencies are jointly responsible for the

safety of their temporary workers

• Increased Enforcement

– Issued citations at 262 worksites where temp workers exposed to

safety/health violations in 4th quarter FY13

– New Outreach Materials Available


OSHA’S Strengthened

Whistleblower Program

• OSHA Placing More Emphasis on Whistleblower

Inspections

– Enforcing provisions of 22 federal laws

– Record # of whistleblower complaints filed in FY 2012 - 2,787 (86%

workplace safety-related)

– Foundries facing whistleblower inspections

• OSHA Enforcement Led to: – Targeting employers who retaliate against workers who file OSHA

complaints

– Cases require pay back wages, interest, & compensatory and

punitive damages


OSHA – Key Links• Updated OSHA Recordkeeping Rule

– https://www.osha.gov/recordkeeping2014/index.html

• OSHA Protecting Temporary Workers

– Fact Sheet, Recommended Practices - Aug 2014

https://www.osha.gov/Publications/OSHA3735.pdf

• Occupational Heat Exposure

‒ https://www.osha.gov/SLTC/heatstress/

• Whistleblower Program

− http://www.whistleblowers.gov

− Workplace Violence

− https://www.osha.gov/SLTC/workplaceviolence/


AFS Files Amicus Brief in Support of Waupaca

Foundry Donning & Doffing Petition

• Pending Before Supreme Court to Clarify Donning

and Doffing Compensation for Nonunion Workers

• Asking Supreme Court to Resolve

– Unsettled issue on what donning-and-doffing activities could be

compensable under the Fair Labor Standards Act being “required

by the nature of the employees' work”

– Potential cost - $2,000 per year / per employee

• Joined by National Federation of Independent

Business & National Association of Manufacturers

– Brief filed Aug. 27

– Supreme Court could make a decision to take up case in next

several months


Tighter Regulation on Fracking

• OSHA Silica Rulemaking includes

Fracking

• States looking at Regulating

Crystalline Silica Sand

– Due to increase in mining of sand – ie MN

& WI

• EPA Examining Air Quality & Water

Standards for Fracking


All Eyes on November Elections

Battle for the Senate

• Senate Races Remain Close

– Republicans Would Need to Pick Up 6

Seats to take Control of the Senate


If the Republicans win the Senate in

November…

• Return Regular Order to Senate Floor

– Debate bills / Offer amendments

– Pass a budget

• Set up Contrasts Between Parties

– Vote to Repeal the Affordable Care Act

– Push back on Greenhouse Gas Regs, Waters of the US

• Go After Bills that Garner Bipartisan Support

– Keystone XL Pipeline

– Make R&D Tax Credit Permanent

– Repeal medical device tax

– Grant Trade Promotion Authority


If the Democrats Retain

Control of Senate

• Continued Washington Gridlock

– House will continue to pass bills that aren’t brought up in

the Senate

• Even if Dems keep control, likely to lose at least

some seats:

– Montana, West Virginia and South Dakota

– Makes securing 60 votes needed for major legislation

even harder


Post-Election 2014

• Lame Duck Session following Mid-Term Elections

– Congress needs to approve an omnibus bill or continuing

resolution to fund govt. by Dec. 11

– Renew Tax Extenders which expired last year

• Changes at Depts. of Justice / Labor

– Sec. of Labor Possible Nominee as Attny. General

– Senate battle over confirmation of successor at Labor Dept.


What to Watch for in 2015

• New 114th Congressional Session

– Begins Jan. 3, 2015

– New Members, Hundreds of New Staffers

• Must Raise Debt Ceiling – mid-March 2015

• More Rules!

– EPA to Finalize Key GHG Regs, Ozone, Waters of the U.S.

• OSHA

– Finalize reporting requirement rules

– Possibly hold Small Business Panel on Combustible Dust


For additional information, please

contact:

Stephanie SalmonVP Government AffairsAFS Washington Office

202-452-7135

[email protected]

(your presentation/ paper title) - amazon web services · afs sand casting conference october...

Documents