VOSH Update by t69qWoW

VIEWS: 8 PAGES: 51

									October 12, 2011


Safety Strategies
 for Maximizing
    Business
  Opportunities




    Paul Schilinski
     Regional Director
VA Dept of Labor & Industry

                              1
     Virginia Department of
        Labor & Industry

“Making
 Virginia a
 better place to
 work”



                   Photo Courtesy of Micron Corp.
                                                    2
                   What We Do

                            Compliance




                                                Labor Law
Voluntary
                                                Child Labor
Programs/
Consultation




               Boiler & Pressure         Registered
               Vessel Safety             Apprenticeship
      How can DOLI Help
      Maximize Business
        Opportunities?
• Capital – Money
• Workforce – Skilled and Stable
• A desirable product or service
         5-Yr Average
14.7 Workers Die Each Day in US


                               4,551 workers
                               died in 2009
                               5,214 - 2008
                               5,657 - 2007
                               5,703 - 2006
                               5,702 - 2005
                               5,764 - 2004

     In VA this year 23 – Non Transportation
     2009 VA Work-Related fatalities - 119
                                               5
6
    Accident Costs
Direct Costs (medical and
compensation costs) are
only a small portion of the
bill.

Indirect Costs (production
loss, overtime costs,
paperwork time lost, training
and replacement).
May be 3-5X the
direct costs.
Uninsurables
                                7
What is the cost of an accident

• Go to www.osha.gov
• On the left go to “Small Business”
• Look for the “Safety Pays Program”
• Fill in injury type, profit margin
  and number of cases

• EMRs

                                       8
9
Small Business




                 10
11
Safety Pays
Program




              12
         What We Do
• Compliance – VOSH
• We are a State Plan
• We enforce
OSHA or State
Safety and
Health Regs

             3 yr Average – 2,586 and 764
                                            13
VOSH Will Inspect or
 Investigate When:
          • A fatality or catastrophe is
            reported

          • A formal complaint is
            received (741 last year)
          • A referral about a life
            threatening condition is
            received

          • When an inspector drives
            by and observes
            conditions that are unsafe
            – Emphasis
          • Your company appears on
            – General scheduled
            inspections list


                                           14
   VOSH INSPECTION PROCEDURES
• Inspector opens by presenting credentials,
  business card and advising the reason for the
  inspection
• Know your SIC/NAICS Code


• Will ask about training and programs
  Such as HAZCOM, Confined Space
  LOTO, Bloodborne Pathogens


• Will ask to see Injury and Illness
  records

REMEMBER, If it isn’t documented it
didn’t get done

                                                  15
                 “Survey Says”
May 23 - OSHA Launches Nationwide Survey To Support
Future Rulemakings, to design better rules and compliance
assistance programs and will be used to estimate the costs
and benefits of implementing safety and health programs

Will be sent to up to 19,000 randomly selected, private sector
employers nationwide, spanning a wide range of sizes and
industry types,

Completion is voluntary

Questions – Do you have a safety and health management
program in place, perform annual inspections, who manages
safety at the worksite, and what types of hazards they
encounter

The data collection will be completed by August.   (BNA – May 26, 2011)
                                                                          16
            You Do Have a Written Injury and Illness
                Prevention Program, Don’t You?

Prerule Stage: Would require an Injury and Illness Prevention
Program.

Involves planning, implementing, evaluating, and improving
processes and activities that protect employee safety and health.

OSHA data shows that employers who have implemented similar
effective processes have substantially reduced injuries and
illnesses

Currently there are voluntary Safety and Health Program
Management Guidelines that were published in 1989.

New rules would build on the voluntary guidelines as well as best
practices learned from VPP Participants and other international
initiatives such as American National Standards Institute/AIHA Z10
(Spring 2011)                                                        17
       Training is Documented


April 22, 2010 – Federal
Register
Proposed rule that would
make violations of PPE or
training requirements
separate violations for each
person not trained




                                18
    You do have a HAZCOM Program,
              Don’t You?
• Chemical manufacturers and
  importers must
   – evaluate the hazards of the
     chemicals they produce or
     import,
   – prepare labels and material
     safety data sheets to convey
     the hazards and associated
     protective measures to users
     of the chemicals.
• Employers must
   – have a hazard communication
     program, including labels on
     containers, material safety
     data sheets (MSDS), and
     training for employees.
                                    19
           VOSH CITATIONS
     The gravity based penalty (GBP)
           HIGH     MEDIUM LOW
           SEVERITY SEVERITY SEVERITY

GREATER     $7000   $4900     $3500
PROBABILITY


LESSER      $3500   $2800     $2100
PROBABILITY

                                        20
     News – OSHA Changes to
     Administrative Penalty Policy
• Recent changes
  increase proposed
  fines for serious
  penalties by 300-
  400%
• Reason - “to exert
  credible deterrence”
• Changes to
  Adjustment Factors
• Penalty Calculation
  Changes

                                     21
  History Reduction/Increase
• Previously 0 or 10% reduction if no citations in past 3
  years
• Period will be increased to 5 years
• If an Employer has been inspected in previous 5 and
  no SWR or FTA citations have been issued, ER gets a
  10% reduction
• If an Employer has been inspected in previous 5 and
  SWR or FTA citations have been issued, ER gets a 10%
  increase in penalty
• If an Employer has not been inspected in previous 5
  and receives serious cites but not high gravity there
  will be neither a decrease or increase




                                                            22
          Size Reduction

• Currently 0, 20, 40 or 60% (State)

• Federal will be between 10 and 40%
  for 250 or fewer employees




                                       23
        Good Faith Reduction
• Currently 0, 15, or 25% (State)

• Feds will permit Good Faith where an Employer has
  made an effort to implement a Safety and Health
  program

• Employers MUST have S&H program in place to get
  any Good Faith reduction

• Not allowed for high gravity Serious, FTA, Willful or
  Repeat

• For Federal, current 10% reduction for Employers with
  a Strategic Partnership will be eliminated


                                                          24
     Penalty Calculation Changes
• Currently reductions are added and then applied to the Gravity
  Based Penalty

• For example
   – $3,000 GBP with a 60% reduction for size, 25% reduction
     for good faith and a 10% reduction for no history would
     have a reduction of 95% or a proposed penalty of
   – $3,000 X .05 = $150


• Under the new calculation policy, reductions are taken serially
   – Using the same situation as above, the calculation would be
   – $3,000 X .40 = $1200 X .75 = $900 X .90 = $810


                                                                    25
     Clow Valve Company,
  subsidiary of McWane, Inc.,
Produces gray iron, ductile iron, and brass castings

2000 - Incident rates were above the national
average for its industry. Total Recordable Incident
Rate (TRIR) was 40.29 while the national average
for gray and ductile iron foundries was 21.70.

2001 - Clow Valve's management team contacted
Iowa's OSHA On-site Consultation
Service and requested that
they perform an on-site visit.


                                                       26
                 Clow Valve

2002 - McWane's proposes to partner with OSHA to
improve its worker safety program.

2003 – Richard Fairfax, Director of Enforcement
Programs responds telling McWane to pound sand

2009: Iowa OSHA's VPP team returned to conduct a
VPP onsite audit. The facility achieved VPP Star
status




                                                   27
Work with On-site Consultation and participation in the Iowa VPP
resulted in improved workplace safety and health performance
AND

Incident rates below the industry’s national average

Turnover rates fell from 89% in 2000 to 13% as of Dec 31, 2010.

Open communication between management and hourly employees

An advocate of cooperative programs and mentors other facilities

Employees are frequent speakers at conferences including the
Iowa Governor’s Safety Conference in 2009 and a VPPPA
Conference in 2010.

Clow Valve has become an employer of choice in the local
community in part because of its commitment to workplace S&H

                                                                   28
      What We Do – Voluntary
            Programs
• Consultation

• FREE

• No Citations/Penalties

• Consultants work with
  you

• Directed at Small ERs
                           3 year average – 494 Private
                           Sector Surveys/Yr

                                                          29
      What We Do – Voluntary
            Programs
• Consultation – Safety
  and Health
  Achievement
  Recognition Program

• Supports small, high
  hazard employers to
  work with employees
  to develop, implement,
  and continuously
  improve S&H programs

• 31 active participants

                               30
What Do These Organizations
     Have in Common?




                              31
       All Have VPP Sites in VA
                      VPP worksites average a
                      lost workday incidence
                      rate at least 50 percent
                      below their industry

                      Participants are
 Created in 1982     removed from
                      programmed inspection
 Recognize           lists.
  worksites that
  show excellence     Committed to exceeding
  in occupational     requirements of OSHA
  safety and health   standards
                                                 32
www.osha.gov

       • What is
         frequently cited
         in your industry
       • Links to
         establishment
         histories
       • Letters of
         Interpretation


                          33
October 5-7, 2011

Renaissance
Portsmouth Hotel

Portsmouth, VA




                    34
                  Summary
DOLI can help you be in compliance. By being in
compliance and maintaining a safe workplace, you
can avoid costly injuries and property damage
incidents as well as negative publicity, regulatory
penalties and increased insurance costs.

Maintaining a safe workplace promotes
consideration of your Company when others are
seeking service providers and partners. A well
managed and safety conscious company attracts
talented employees.
36
        Important web addresses


OSHA – www.osha.gov - read standards and interpretations,
keep up on current topics, download forms and publications,
review inspection histories

Virginia Town Hall – www.townhall.state.va.us - keep up with
pending legislation, learn what your elected officials are doing

DOLI –www.doli.virginia.gov - view Virginia unique standards,
enroll in a training class, schedule a consultation, learn about
apprenticeship (411 apprentice able trades in VA), help young
people plan their future at KnowHowVirginia.org



                                                                   37
       Contact Information
Virginia Department of Labor and Industry
          Powers Taylor Building
        13 South Thirteenth Street
      Richmond, Virginia 23219-4101

             804-371-2327

         703-392-0900 ext 100

         www.doli.virginia.gov



                                            38
Residential Fall Protection




                              39
   Residential Fall Protection
• "Falls are the number one
  cause of death in
  construction," - OSHA Asst
  Sec Michaels,

• BLS estimates an average of
  40 workers are killed each
  year as a result of falls from
  residential roofs.

• One-third of those deaths
  represent Latino workers,
  who comprise more than
  one-third of all construction
  employees.


                                   40
 Residential Fall Protection Change

• Dec 8,1995 -Interim Fall Protection
  Compliance Guidelines for Residential
  Construction, Standard 03-00-001
  published.
• Jun 18,1999 - 14 page long Plain
  Language Rewrite issued
• Covered 4 types of activity and allowed
  varying alternative measures
• Are you confused yet?

                                            41
 Residential Fall Protection Change

• Required fall protection plan but not
  written and not site specific
• Did not need to prove infeasibility
• Applied to discrete parts of structures
• Final use did not necessarily have to be
  residential – hotel or bank
• Determination was based on methods
  and materials used i.e. wood


                                             42
  Residential Fall Protection Change


• Dec 16, 2010 – OSHA rescinded previous
  directive allowing alternative fall protection
• Now, all residential construction employers
  must comply with 29 CFR 1926.501(b)(13)
• Where residential builders can demonstrate
  that traditional fall protection is not feasible,
  29 CFR 1926.501(b)(13) still allows for
  alternative means of providing protection.



                                                      43
  Residential Fall Protection Change


• If ER can demonstrate infeasibility or greater
  hazard a fall protection plan can be used
• Plan must eliminate or reduce fall possibility
• Must be written and site specific
• The plan can be developed for repetitive use
  for specific style/model home if it fully
  addresses all issues related to fall protection
  at that site



                                                    44
Residential Construction Applicability

• Two elements must be satisfied
• Structure end use must be a home/dwelling
  AND
• Must be built using traditional wood frame
  construction materials and methods
• Limited use of structural steel such as an I
  beam to support the structure is allowed
• OSHA rejected the term “lite” construction
• Metal studs and brick/masonry exteriors can
  still be residential construction

                                                 45
  Residential Fall Protection Change


• Construction and roofing companies have until
  June 16 to comply with the new directive.

• To view the directive, visit
  http://www.osha.gov/doc/residential_fall_prot
  ection.html



  .
                                                  46
          DART Rates
• Days Away, Restricted or Transferred
• (N/EH) X 200,000
• N is number of DART cases
• EH is total number of hours worked
  by all employees during the calendar
  year
• 200,000 is the base number of hours
  that would be worked for 100 full
  time employees                         47
          DAFWII Rates
• Days Away From Work Injury/Illness Case
  Rate
• (N/EH) X 200,000
• N is number of Cases involving Days Away
• EH is total number of hours worked by all
  employees during the calendar year
• 200,000 is the base number of hours that
  would be worked for 100 full time
  employees
• Temporary transfer or restricted activity is
  not included                                   48
New for 2011




 Cranes and Derricks Final Rule (Federal
  Identical) - 4/1/11
 Severe Violators Enforcement Program
  (Federal Identical) - 4/1/11
 Tree Trimming Operations (Virginia Unique)
  – 4/17/11
 Residential Construction (Federal Identical) –
  7/1/11                                           49
         Cranes and Derricks
         CFR 1926.1400-1442
Virginia is “Federal Identical”
Effective 4/1/11
Requires more comprehensive inspection of ground
conditions
Requires more comprehensive assessment of hazards
within work zone such as overhead high voltage lines, other
work, location of personnel, etc.
Requires more comprehensive inspection of cranes and
hoisting equipment
Contains enhanced training requirements
Requires certification of crane operators




                                                              50
  Tree Trimming Operations
   Virginia Unique Standard
Effective 4/27/11
Largely based on ANSI Z133.1-2006 with
 some safety enhancements
Requires a more comprehensive safety effort
 to include: examination of work practices,
 training, hand tools, ladders, power tools,
 vehicles, proximity to electrical lines, traffic
 control and other safety issues
Addresses non-logging, tree trimming and
 cutting operations on residential and
 commercial work sites
Was created with the full participation of the     51

 regulated industry, labor groups, other

								
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