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									National Issues Affecting
       Presentation to NAGLO
           August 4, 2009

Herb Gibson
Area Director Denver

OSH Act of 1970

 Assure Safe and Healthful working
 conditions for every working man
 and woman…
                “New OSHA”

• New Leadership
• Every worker has the right to a safe workplace
• Renewed enforcement
• Standard-setting business
• OSHA and employers can transform the workplace
  for the benefit of everyone on the job if we work
• Make safety a culture of the workplace.
      Human Cost to Our Country

In 2007, the occupational injuries and deaths were:
• 4 million total recordable cases in 2007
• Over 1 million cases with days away from work
• 4.2 cases per 100 full-time workers
• 5,657 fatalities nationwide

•   Source: Bureau of Labor Statistics (BLS), 2009
         Fatality Hazard Emphasis

•   Falls from elevation
•   Cave-in/Caught between (trenching)
•   Struck by
•   Powered Industrial Vehicles
•   Electrical
           Focus Industries

– Logging (NAICS 11331)
– Drilling oil and gas wells/support activities (NAICS
– Landscaping services (NAICS 56173)
– Residential Construction (NAICS 23611)
– Commercial/Institutional Building Construction (NAICS
– Highway, Street, Bridge Construction (NAICS 23731)
    National Emphasis Programs

• Amputations
• Combustible Dust
• Lead
• Silica
• Refineries (PSM) and letters to all refineries advising
  of national finding
• Chemical Plants for selected Regions
• Trenching
• SST Site Specific Targeting
  Regional Emphasis Programs

• Examples of Regional Emphasis Programs
  throughout the Regions:
• Work Zone Safety
• Oil and Gas Industry
• Falls from Elevation in Construction
• Lead at Indoor Firing Ranges
    Local Emphasis Programs

• Examples of Local Emphasis Programs
  developed at the local office level:
• Trucking, Powered Industrial Vehicles
• Silica, lumber and wood products, automotive
• Cast Polymer Industry
• Silica in cut stone and stone products
            Targeting Update

• National Emphasis Programs (NEPs)
  –   Flavorings NEP
  –   Primary Metals
  –   Hexavalent Chromium
  –   Record Keeping
    Other Emphasis Areas (Outreach

•   Hispanic employees and employers
•   Homeland Security
•   Youth Worker
•   Pandemic Flu
ARRA & Construction
• ARRA includes funding for
  the construction of roads,
  bridges, and public
  transportation, along with
  investments in government
  facilities and fleets.
• Bureau of Labor Statistics       • OSHA is focusing its resources
  (BLS) finds that the               to account for the anticipated
  construction industry includes     increase in construction
  some of the more consistently      projects and related activities
  hazardous worksites.               as a result of ARRA. (i.e.,
                                     increased training and
               ARRA Initiative

• OSHA has conducted 908+ inspections
• Regional and Local Emphasis Programs:
  –   Road and highway
  –   Bridge
  –   Demolition
  –   ARRA related projects
                 ARRA Initiative

• Regional and Local
  Emphasis Programs:
  – Green energy – wind
    turbines, bio fuels,
    ethanol facilities, solar
  – Manufacturing support
The Enhanced Enforcement Program (EEP)
becomes the Serious Violators Enforcement
            Program (SVEP)

• The Severe Violator Enforcement Program
  (SVEP) is intended to focus on employers who
  have demonstrated indifference to their OSH
  Act obligations by willful, repeated and
  failure-to-abate violations in industry
  operations or processes that OSHA has found
  to be among the most severe occupational
     Severe Violator Enforcement
      Program (SVEP) Summary

• Elements of a SVEP case:
 - Similar elements to the current EEP program,
   that is, (1) mandatory follow-ups, (2) enhanced
   settlement provisions, and (3) federal court
   enforcement under Sec. 11(b) of the OSH Act.
     Severe Violator Enforcement
      Program (SVEP) Summary

• Nationwide Referrals (aka Nationwide expansion):

  – Will replace the EEP-Alerts that were issued under
    the EEP programs when an employer had multiple
    worksites/workplaces in more than one Region.
  – Will also include a new element: issuing of News
    Releases for all SEVP cases at the time citations
    are issued.
 Pan Flu Goals and Strategies
Federal government
• Limit spread of pandemic in the U.S.
• Minimize suffering and fatalities
• Sustain infrastructure, economy and
• Keep employees safe
• Reduce the spread of disease
• Continue essential operations
• Communicate with our stakeholders
            Pan Flu Planning

• Focused attention
  –   All government agencies
  –   Hospitals
  –   Schools
  –   Private industry

• Severe outbreak could disrupt
  our economy and society
       Pan Flu Resources

• Guidance
  – General industry
  – Healthcare workers
    and employers
• Fact sheets
• QuickCards
     Emphasis on Enforcement

• Construction Safety Focus throughout the
  State of Texas in July and August
• Result of numerous construction fatalities
• Select team of compliance officers with
  construction experience
• Using data to target cities and worksites that
  need immediate attention
   Outreach Training Oversight

• OSHA 10-hour training courses are offered by
  16,000 independent trainers who are eligible to
  teach about workplace hazards and provide a
  10 hour course completion card
• Some trainers have failed to provide
  appropriate training
• Refer fraudulent activity to OIG, potential
  criminal action, watch list on OSHA website
    Other Projects in the Works

• OSHA Penalties
   – Changes in good faith, size, severity & probability, and
     calculation methodology
• Revision and update of the Bloodborne pathogens
• Revision and update of the TB Directive
• Revision and update of the Corporate Settlement
  Agreement Directive to improve our leverage
        Congressional Update

• Bills under consideration for OSHA Reform
• HR 2067 “Protecting America’s Workers Act 2009”
• HR 2113 “Corporate Injury, Illness and Fatality
  Reporting Act of 2009”
• HR 2199 “Protecting Workers form Imminent
  dangers Act of 2009”
• HR 3094 “Alexander L. Booker Child Protection
  Construction Site Safety Act”
• S 1299 “Worker Infection Protection Act”
• HR 2381 “Nurse and Health Care Worker Protection
  Act of 2009”
        Congressional Update

• S 1031 “National Nursing Shortage Reform and
  Patient Advocacy Act” Patient handling
• HR 849 “Worker Protection Against Combustible
  Dust Explosions and Fires Act of 2009”
• HR 242 “Recording and Reporting Occupational
  Injuries and Illnesses”
• HR 2749 “Food Safety Enhancement Act of 2009”
• HR 875 “Food Safety Modernization Act of 2009”
• HR 2652 “Maritime Safety Act of 2009”
            New Rulemaking

– Standards
  •   Combustible dust
  •   Diacetyl and food flavoring containing diacetyl
  •   Silica
  •   Globally Harmonized System of Classification and
      Labeling of Chemicals
  •   Beryllium
  •   Isocyanates
  •   Cranes and Derricks
  •   Confined Spaces

• Enormous safety and health problem
• Significant workers’ compensation costs for
  muscle strains, repetitive motion injuries and
  back injuries
• Team up with people to focus on solutions to
  solve this hazard
• Improved recordkeeping
        Advisory Committees

• National Advisory Committee on Occupational
  Safety and Health (NACOSH)
• Advisory Committee on Construction Safety
  and Health (ACCSH)
  – Provides valuable perspective to OSHA on
    rulemaking, enforcement, draft documents and
         Inspection Resources

• Increased budget proposed
• FTE Distribution
  – FY 2010 – 130+ CSHOs
  – Demographics
     • Number of workers
     • Number of establishments
  – Fatalities
  Training for OSHA Personnel

• Training
  –   Serious revamping of the training
  –   More courses
  –   More mandatory courses
  –   Hands on with equipment
  –   New IH courses
  –   Criminal
  –   Record keeping
       Cooperative Programs

• VPP sites
  – Improved oversight
• Partnerships
• Alliances
       Consultation Programs

• Each of your States have a consultation
  program operated by various State entities
• Providing safety and health on-site
  consultation to small employers

Utah’s Beautiful National Parks

•   This information has been developed by an OSHA Compliance Assistance
    Specialist and is intended to assist employers, workers, and others as they strive to
    improve workplace health and safety. While we attempt to thoroughly address
    specific topics, it is not possible to include discussion of everything necessary to
    ensure a healthy and safe working environment in a presentation of this nature.
    Thus, this information must be understood as a tool for addressing workplace
    hazards, rather than an exhaustive statement of an employer’s legal obligations,
    which are defined by statute, regulations, and standards. Likewise, to the extent
    that this information references practices or procedures that may enhance health or
    safety, but which are not required by a statute, regulation, or standard, it cannot, and
    does not, create additional legal obligations. Finally, over time, OSHA may modify
    rules and interpretations in light of new technology, information, or circumstances;
    to keep apprised of such developments, or to review information on a wide range of
    occupational safety and health topics, you can visit OSHA’s website at

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