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OSHA IN 2010

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					                    OSHA IN 2011




Mark Banden
Compliance Assistance Specialist
OSHA, Kansas City Area Office
Safety & Health Under Dr. Michaels:
          Where Are We?
   Put a priority on enforcement as a driver of
    compliance!
   The OSHA agenda is going to come back to
    ergonomics?
   Emphasis on compliance assistance coming
    back?
   Politics to affect the ―science‖ of injury and
    illness reduction?
       Budget Deal for Rest of 2011 Spares OSHA,
       Avoids Cuts Sought by House Republicans
   The Occupational Safety and Health Administration's $558.6
    million budget would be sustained at current levels for the
    remainder of the 2011 fiscal year—less a 0.2 percent
    government-wide rescission—under a continuing resolution
    (H.R. 1473) informally worked out April 8 between House
    Republicans, Senate Democrats, and the White House, and
    released April 12.
   Floor debate on H.R. 1473 was scheduled to begin April 14.
   OSHA's current budget has been in set in a series of short-term
    continuing resolutions at the fiscal 2010 level (39 OSHR 1062,
    12/17/09).
   The continued funding appears to mark a victory for worker
    advocates, considering that House Republicans on Feb. 11 had
    called for an 18 percent cut to OSHA's budget in a funding plan
    that failed to pass in the Senate (H.R. 1)
OSHA Encourages Workers to Speak
     Up—and You to Listen
   OSHA encourages employees to be active players in their
    workplace's safety and health effort. Specifically, OSHA
    encourages workers to join with employers in promoting safety
    on the job, and it provides protection for those who speak up.
   1. Right to Promote Safety
       Working cooperatively to reduce hazards.
       Right to refuse to perform unsafe work.
       Recourse if the employer does not correct a hazard.
   2. Right to Protection from Retaliation
       Right to confidentiality
       Whistleblower protections
OSHA Reform Legislation
              OSHA Reform Bills
   Protecting America‘s Workers Act (H.R. 2067)
    would extend Occupational Safety and Health
    Administration coverage to public sector
    workers In addition to covering public sector
    workers,
   The Protecting America's Workers Act also
    seeks to
     raise penalties for violators,
     afford more protections for whistleblowers, and
     extend new rights to victims of work accidents .
            OSHA Reform Bills
          New Criminal Prosecution
                 Provisions
   Greatly Expanded ―Legal Tests‖ for Criminal Prosecution
   Under a ―knowing‖ standard, the government must only prove
    that the defendant had knowledge of the facts that constitute the
    offense – i.e., that the conduct at issue was not accidental or a
    mistake.


            Willful act resulting in death
                        versus
         Knowing act resulting in serious harm
        OSHA Reform Bill Could Move in Congress?

   ―Everything depended on health care, because it's in the same
    committees‖ as the worker safety bill, said Frank White, director
    of ORC Worldwide's health and safety practice, and a former
    deputy head of the Occupational Safety and Health
    Administration.
   Rep. Lynn Woolsey (D-Calif.), chair of the House Education and
    Labor Subcommittee on Workforce Protections, who introduced
    the bill in the House, told BNA she expects Congress to begin
    considering the bill in 2010.
   A companion version of the OSHA reform bill was introduced
    in the Senate by Majority Leader Harry Reid (D-Nev.) in August
    2009 on behalf of Sen. Edward Kennedy, then chairman of the
    Senate labor committee.
   Bill was later tied to the Mine Safety Bill which did not pass
       Change in Congress may kill the Bill completely
             OSHA Reform Bills
   Misclassification Bill
     Woolsey also said she and Rep. Robert Andrews (D-
      N.J.) introduced a bill that seeks to prevent
      employers from misclassifying full-time workers as
      consultants or independent contractors as a way of
      evading their duties under the OSH Act.
     Deputy Secretary of Labor, Seth Harris, testified
      before Congress the week of June 7, 2010
            Enforcement




OSHA says ―bah-humbug‖ to Salvation Army Santa
        Emphasis on Enforcement
   In 2011 we can expect to see greater enforcement
   On the enforcement side, you‘ll notice
       More OSHA inspectors??,
            (KCAO is down to 14 vs 15 CSHOs) (hiring freeze in effect)
       more inspections,
       more citations and
       higher penalties.
            Changed penalty calculation procedure on 10/1/2010
                  Average penalty per violation of $4000 vs $1000
                  4 Average violations per inspection
                  Yields average penalty per inspection of $16,000
                      Incentive to contest citations?

   It‘s safe to say that businesses need to look at their
    safety programs carefully and make sure they are
    measuring up to the high standards being set by the
    Obama administration
             Opposition to the Penalty
               Calculation Change
   On November 15, 2010, Senator Michael Enzi (R-WY), Ranking Member,
    U.S. Senate Committee on Health, Education, Labor, and Pensions, and
    Senator Olympia Snowe (R-ME), Ranking Member, U.S. Senate Committee
    on Small Business and Entrepreneurship to the Secretary of Labor Hilda Solis
    expressing concerns over the direction of the Occupational Safety and Health
    Administration (OSHA). In particular, they detailed concerns about recent
    changes to OSHA‘s administrative penalty policy and several proposed
    rulemakings which they believe will negatively impact small business. Their
    overarching concerns relate to the administration‘s lack of outreach to the
    small business community and convening small business review panels to
    fully understand the economic impact administrative changes might have on
    small firms.
   Other issues addressed in the Senate letter are the proposed changes to the
    Onsite Consultation Program Agreement and eliminating funding for the
    Voluntary Protection Program (VPP).
        OSHA Cracking Down on Repeat
                 Violators
   Barab, the acting assistant secretary of labor for OSHA, said that
    OSHA is replacing its existing Enhanced Enforcement Program
    (EEP), initiated in 2003 under the Bush administration, with a
    new program, provisionally named the Severe Violators
    Inspection Program (SVIP).
   Barab told subcommittee members, ―the new program will
    ensure that recalcitrant employers not meeting their obligations
    under the OSH Act are targeted for additional enforcement
    action.‖
   Barab also said that OSHA would work closely with the Justice
    Department to prosecute employers that repeatedly violated
    OSHA standards.
       Dr Michaels stated that OSHA would also begin to work more closely
        with State and Local Prosecutors on issues related to workplace safety.
    What to Expect Under SVIP Program
   SVIP will be a comprehensive revision of the existing EEP, focusing more on
    large companies and less on small businesses.
   Some of the changes under the program include:
   • Mandatory follow-up inspections
    • Inspections of other employer sites
    • Additional enhanced settlement provisions
    • More intensive examination of an employer‘s history for systemic
    problems that would trigger additional mandatory inspections
   Several administrative changes to the penalty calculation system, outlined in
    the agency's Field Operations Manual, are being made. These administrative
    enhancements will become effective in the next several months. The penalty
    changes will increase the overall dollar amount of all penalties
       Average Penalty for Serious Violations to increase from $1000 to $4000
           Pilot in several offices in June and July with national implementation
            by August
                         SVIP
   High-Emphasis Hazards are targeted and include fall
    hazards and hazards identified from the following
    National Emphasis Programs (NEPs):
   amputations,
   combustible dust,
   crystalline silica,
   excavation/trenching,
   lead, and
   shipbreaking
         Commission Upholds Repeat Citation
     In Unanimous Ruling „Piercing Corporate Veil'

   Willful and repeat citations and penalties totaling $10,750 against a
    construction company in New Hampshire were upheld unanimously by the
    Occupational Safety and Health Review Commission Nov. 18 in a case that
    resolved questions over the extent to which companies can change names and
    structure and still be considered the same employer for purposes of a citation
    (Secretary of Labor v. Sharon & Walter Construction Inc., OSHRC, No. 00-1402,
    11/18/10).
   In upholding the citations against Sharon & Walter Construction Inc., the
    commission concluded that repeat citations can apply, in appropriate cases, to
    employers that have altered their legal identities from that of a predecessor
    that had been cited previously.
   The case, one of the oldest on the docket, was one of several the commission
    accepted for review between 2000 and 2004 that focused on what
    Commission Chairman Thomasina V. Rogers has called ―piercing the veil‖—
    determining to what extent separate corporate identities are entwined.
               Top 10 Most Frequently Cited Standards
                  for Fiscal 2010 (Oct. 1, 2009 to Sept. 30, 2010)


   1926.451 – Scaffolding
    1926.501 – Fall Protection
    1910.1200 – Hazard Communication
    1910.134 – Respiratory Protection
    1926.1053 – Ladders
    1910.147 – Lockout/Tagout
    1910.305 – Electrical, Wiring Methods
    1910.178 – Powered Industrial Trucks
    1910.303 – Electrical, General Requirements
    1910.212 – Machine Guarding
                               Employer Can Establish An Employee
                          Misconduct/ Unpeventability Defense By Showing:


                              Existence of an effective safety program designed to
SET EXPECTATIONS




                               prevent the violation.
                              Adequate safety instructions effectively
                               communicated to employees. (Training)
HOLD PEOPLE ACCOUNTABLE




                              Means to discovering violations of instructions.
                               (Follow-up inspections)
                              Enforcement of safety rules. (Discipline)
                                                                                      18
Without a good safety program, you could end
      up with your buttocks in a sling
           (In more than one way)!
       Getting Tough Examples
   New York trainer arrested on charges of
    selling OSHA training certifications
    Another 3 million dollar case against BP
   ―Presumptive Willfulness‖ for trenching
    violations
                    Getting Tough
   Judge upholds citations issued to Missouri company by
    OSHA following investigation of fatal falls
   OSHA has announced that the Occupational Safety and Health
    Review Commission recently ruled in favor of upholding
    citations issued to Thomas Industrial Coatings Inc. of Pevely,
    Mo., following an investigation into two separate worker deaths
    at the same worksite.
   In its decision, the Occupational Safety and Health Review
    Commission affirmed a total of six serious and 12 willful
    violations, with an assessed penalty of $871,500. Of significance
    was the judge's affirmation of OSHA's egregious or violation-by-
    violation penalty policy, where eight willful violations were
    issued to the company accounting for each employee exposed to
    the same fall hazard.
       Two Missouri employers arrested for failing to correct
                life-threatening worker hazards

   The Eighth Circuit Court of Appeals in St. Louis ordered the arrest of
    Brian Andre, former owner of Andre Tuckpointing and Brickwork, and
    Regina Shaw, owner of Andre Stone & Mason Work Inc., the successor
    company to Andre Tuckpointing and Brickwork, for repeatedly failing
    to comply with court sanctions enforcing OSHA citations. The two
    were taken into custody by authorities Dec. 28, 2010. The order for
    incarceration stems from Mr. Andre‘s and Ms. Shaw's failure to comply
    with sanctions ordered by the Eighth Circuit Court of Appeals,
    following the court's initial ruling of contempt against Andre and Shaw
    in January 2010.
   OSHA issued numerous citations from June 2003 to Dec., 2010, to
    both the original company and its successor, for willful, repeat and
    serious violations related to fall hazards and scaffolding erection
    deficiencies, among other issues.
             Business Letters Cite OSHA Enforcement,
           Lockout/Tagout Rules as Drags on Job Growth

   In letters to a House oversight panel, business groups have called attention to
    regulatory initiatives on worker safety enforcement, permissible exposure limits, and an
    updated penalty policy as more examples of overreaching by the Occupational Safety
    and Health Administration.
   The letters were sent in response to a request in January by Rep. Darrell Issa (R-Calif.),
    chairman of the House Oversight and Government Reform Committee, for lists of
    rules thought to curb job creation and economic growth (41 OSHR 30, 1/13/11).
   Thomas Gibson, president of the American Iron and Steel Institute, said in a letter
    that OSHA's ―increased enforcement measures can be counterproductive to achieving
    optimal benefits.‖
   Cooperative efforts among industry, labor, and government are the
    most effective means of achieving safe workplaces, he said.
   Further, ―strict interpretation of rules that do not provide additional workplace safety
    and cost companies thousands of dollars in lost productivity unnecessarily reduces our
    manufacturers' global competitiveness,‖ according to the letter.
   The Business Roundtable submitted a report, titled Toward Smarter Regulation, calling on
    federal agencies to base their regulatory priorities upon ―realistic considerations of
    risk‖ and arguing that ―public fears and political expediency—not scientific analysis—
    often dictate the priorities set by legislature and agencies.‖
   Regulators should also select rules that achieve their objectives in the least costly way
    and favor performance-based standards over ―command-and-control‖ regulation, and
    agencies should be required to develop regulatory budgets that would limit the amount
    of regulatory costs they could impose on the economy each year, the Business
    Roundtable wrote.
         Quick Action by OSHA Inspector
         Prevents Possible Injury or Death
   The Occupational Safety and Health Administration's Rick Burns was
    performing a worksite inspection on a trench being dug by Trimat
    Construction in Mercerville, Ohio, when he directed an employee to exit the
    trench believing collapse was imminent.
   Within five minutes, it did and could have buried the worker under six to
    seven feet of soil.
   "The actions of the compliance officer likely saved this worker's life," said
    David Wilson, assistant area director in the Columbus area office.
        "Cave-ins are a leading cause of worker fatalities during excavations."
        OSHA standards mandate that all excavations 5 feet or deeper be protected
         against collapse.
   The employee was working in a trench at a depth greater than 10 feet without
    cave-in protection. OSHA is conducting an investigation.
 Workers were ordered out of the trench (left)
   just moments before a portion collapsed
(right), avoiding possible injury or loss of life.
                                 OSHA At 40
   The Occupational Safety and Health Administration was established in 1971.
   Since then, OSHA and our state partners, coupled with the efforts of
    employers, safety and health professionals, unions and advocates, have had a
    dramatic effect on workplace safety.
        Fatality and injury rates have dropped markedly.
             Although accurate statistics were not kept at the time, it is estimated that in 1970
              around 14,000 workers were killed on the job.
                    That number fell to approximately 4,340 in 2009.
                    At the same time, U.S. employment has almost doubled and now includes over 130 million
                     workers at more than 7.2 million worksites.
        Since the passage of the OSH Act, the rate of reported serious workplace injuries
         and illnesses has declined from 11 per 100 workers in 1972 to 3.6 per 100 workers
         in 2009.
   OSHA safety and health standards, including those for trenching, machine
    guarding, asbestos, benzene, lead, and bloodborne pathogens have prevented
    countless work-related injuries, illnesses and deaths.
   See the OSHA web for a 40 year historical timeline which highlights key
    milestones in occupational safety and health history since the creation of
    OSHA.
     10-year-old had to pick out dad‟s
             headstone, casket
   Ronnie Lynn May, 44, was killed while working on a drilling rig in Midland
    County, TX.
   May and a co-worker were moving pipe on a drilling rig when a portion of the
    pipe slipped, pinning the co-worker‘s leg.
   As May tried to rescue the worker, he was crushed by another piece of the rig.
    May was taken to a hospital where he was pronounced dead. The other
    worker‘s injuries weren‘t life threatening. OSHA is investigating.
   The San Antonio Express-News reports that May‘s son, 10-year-old Seth, spent
    the day after his father‘s death picking out a headstone, casket and funeral
    flowers.
   May‘s mother, Mamie May, told the newspaper that the father and son were
    great friends. The two spent time together riding four-wheelers, fishing and
    hunting.
   ―They did everything,‖ Mamie May said. ―And today, Seth made all of his
    father‘s funeral arrangements.‖
    OSHA Inspector Faces Charges
   WICHITA — An inspector with the Occupational
    Safety and Health Administration is charged in
    Kansas with lying about performing inspections at
    work sites.
   A three-count federal indictment made public
    Wednesday alleges Douglas W. McComb falsely
    indicated on OSHA reports that he had inspected
    two construction sites in Wichita and one in
    Olathe.
   McComb was summoned to appear April 18 in U.S.
    District Court in Wichita.
Standards and Regulations
    Congressional Republicans are promising to scrub the government
    for what they say are "job killing" regulations. One of their primary
                              targets is OSHA


    Republicans say OSHA enacts expensive rules without regard to their effect on
     business. They've proposed cutting its budget this year by 20 percent, a reduction the
     director says would be devastating to the agency's efforts to protect worker safety.
    Now, Republicans in control of the House are trying to push the pendulum back. As
     part of their drive to cut about $61 billion from federal spending in the current fiscal
     year, they've targeted OSHA for a $99 million reduction.
    "The Republicans have proposed a 20 percent cut and given [that] half a year's over,
     that really means a 40 percent cut," OSHA administrator David Michaels says. "It
     would really have a devastating effect on all of our activities."
    Republicans argue that OSHA's stepped-up enforcement threatens jobs.
    Michaels says. "We know that OSHA doesn't kill jobs. It stops jobs from killing
     workers. When employers embrace safety, they actually save money. We know that's
     true. They often don't believe it, but we show them. And we have consultants who
     provide that information for free."
    While fighting off cuts to this year's budget, the Obama administration has proposed
     increasing spending on OSHA in the next fiscal year by a bit more than 4 percent.
    March 14, 2011 Michaels Defends
     Impact of OSHA Regs on Job
                Creation
   In a statement to members of a congressional
    subcommittee, OSHA administrator Dr. David
    Michaels addressed the issue of the impact of
    government regulation on job creation. ―Despite
    concerns about the effect of regulation on American
    business, there is clear evidence that OSHA‘s
    commonsense regulations have made working
    conditions in this country today far safer than 40 years
    ago when the agency was created, while at the same
    time protecting American jobs,‖ Michaels said.
              Cost of Accidents:

  The Iceberg Effect
On average, the indirect
costs of accidents exceed
the direct costs by a 4:1
ratio
             $ A F E T Y P A Y S ! OSHA Advisor @ www.osha.gov

Estimated Costs of Occupational Injuries and Illnesses and Estimated Impact on a Company's Profitability

   Report for Year: 1999
   Employer: XYZ Inc
   Prepared by: I. B. Safe, Safety Coordinator, on January 28, 2000

The injury or illness selected:        Strain

     Average Direct Cost:                                  $5,945
     Average Indirect Cost:                                $7,134
     Estimated Total Cost:                                $13,079
     The net profit margin for this company is               4%
     The ADDITIONAL sales necessary
     - to cover Indirect Costs are:                      $178,350
     - to cover Total Costs are:                         $326,975

The injury or illness selected:        Laceration

     Average Direct Cost:                                   $1,101
     Average Indirect Cost:                                 $4,954
                                                                          $AFETY PAYS is a tool developed by OSHA to
     Estimated Total Cost:                                  $6,055        assist employers in assessing the impact of
     The net profit margin for this company is                 4%         occupational injuries and illnesses on their
     The ADDITIONAL sales necessary                                       profitability. It uses a company's profit margin,
     - to cover Indirect Costs are:                      $123,850         the AVERAGE costs of an injury or illness, and
     - to cover Total Costs are:                         $151,375         an indirect cost multiplier to project the amount of
                                                                          sales a company would need to generate in order
                                                                          to cover those costs. Since AVERAGES are used,
                                                                          the actual costs may be higher or lower. Costs
                                                                          used here do not reflect the pain and suffering of
                                                                          injuries and illnesses.
     President Obama called for a regulatory review,
    ordering federal agencies to drop regulations that
                 "are just plain dumb."

   The move was hotly debated with safety and health advocates
    warning that crucial government oversight will be diluted and
    conservatives complaining that the review won't go far enough
    and exempts health care reform and financial reform.
   Critics who complain that regulations burden businesses and
    impede economic recovery point to a 2005 study by the Small
    Business Administration's Office of Advocacy that tallied
    regulatory costs at $1.75 trillion per year.
        But the study failed to track the benefits of regulation, which tend to be
         hard to measure since they often are long-term improvements –
   Last year, the Office of Management and Budget reported that
    over the last ten years, the benefits of major federal regulations
    (ranging from $128 billion to $616 billion) dwarfed the costs
    (ranging from $43 billion to $55 billion).
    Emphasis on New Regulations
   The regulatory agenda recently outlined is very
    aggressive.
       OSHA's Winter 2010 Regulatory
                Priorities

   "This agenda continues to build upon the
    Secretary Hilda Solis' regulatory strategy of plan,
    prevent, protect; and solidifies the Agency's
    commitment to strengthening the worker's voice
    in the workplace," he wrote.
   OSHA's major projects to implement the
    Secretary's vision are:
    New S&H Management Standard?
   Statement of Dr Michaels before Congress On
    4/27/2010
   The Labor Department released its winter regulatory
    agenda which includes a new enforcement strategy –
    Plan/Prevent/Protect – an effort designed to expand
    and strengthen worker protections through a new
    OSHA standard that would require each employer to
    implement an Injury and Illness Prevention Program
    tailored to the actual hazards in that employer‘s
    workplace.
   OSHA initiated rulemaking on this standard with
    stakeholder meetings, the first took place in June 2010
    in New Jersey.
       Injury and Illness Prevention
      Program (Find and Fix) (I2P2)

   OSHA has substantial data on reductions in
    injuries and illnesses from employers who have
    implemented similar effective processes.
   The Agency currently has voluntary Safety and
    Health Program Management Guidelines (54 FR
    3904-3916), published in 1989.
   Twelve States have similar rules.
              Web Chat of 1/3/2011
   DURING THE CHAT, OSHA REVEALED THAT ITS
    HIGHEST REGULATORY PRIORITY IS THE INJURY
    AND ILLNESS PREVENTION PROGRAM (I2P2) RULE.
   OSHA NOTED THAT BECAUSE OF ITS LIMITED
    RESOURCES, IT CAN‘T ISSUE STANDARDS FOR ALL
    HAZARDS. THEREFORE, IT HAS TRIED TO FOCUS ON
    REGULATORY ACTIVITIES SUCH AS THE I2P2 RULE
    THAT WILL HAVE THE GREATEST IMPACT.
       Ergonomics?????
   THE NEXT STEP FOR THE I2P2 RULE IS THE SMALL
    BUSINESS REGULATORY ENFORCEMENT FAIRNESS
    ACT (SBREFA) PROCESS, WHICH IS CURRENTLY
    SCHEDULED FOR JUNE 2011
                            I2P2
   Key provisions of the program may include:
       A requirement that employers systematically identify
        and remediate risks to workers for example, to review
        relevant safety and health information, develop
        procedures for inspecting their workplaces for safety
        and health hazards and investigate accidents.
       Methods to provide workers with opportunities to
        participate in the program,.
       Provisions requiring that the program be made available
        to workers so they can understand it and help monitor
        its implementation
       A requirement that employers implement the program
        so the program actually protects workers
       Provisions to prevent employers from not covering
        workers by misclassifying them as independent
        contractors
            I2P2
Assess The Hazard and Take
  Precautions Necessary…
    Lobbying battle on tap over proposed
      changes to workplace-safety rules
   Business and labor are preparing to wage a lobbying battle over a
    new rule expected later this year that could have a profound
    effect on how health and safety are handled in the workplace.
   In a January speech before the watchdog group Public Citizen,
    OSHA head David Michaels said the rule ―represents the most
    fundamental change in workplace culture since the passage of
    the OSHA Act‖ — the 1970 law that created the agency.
   The agency has held at least five public meetings with
    stakeholders to get feedback on how to draft it.
   President Obama‘s fiscal 2012 budget request asks Congress for
    $2.4 million to help develop I2P2, which is an increase since he
    did not seek any funding for the rule for fiscal 2011.
    Lobbying battle on tap over proposed
      changes to workplace-safety rules
   Michaels told The Hill that his agency is working on the regulation because
    OSHA does not have the manpower to stop every workplace accident.
   ―It would take over 100 years for OSHA to visit every workplace under its
    jurisdiction,‖ Michaels said. ―OSHA believes that workers will be better
    protected if each employer has a proactive plan to find and fix hazards in
    their workplaces so that workers don‘t get hurt.‖
   Economic and feasibility analyses of the regulation were slated to be released
    in late 2010. But those reports were delayed to June in order ―to gather more
    stakeholder input‖ and crunch more data, Michaels said.
   OSHA‘s focus on the rule has caught the attention of a number of business
    groups. Members of the Coalition for Workplace Safety, like the U.S.
    Chamber of Commerce and the National Association of Manufacturers, have
    grown concerned about the rule.
   ―This would be the most sweeping regulation that OSHA has ever put out,‖
    said Marc Freedman, the Chamber‘s executive director of labor law policy.
   Freedman believes the rule could require employers to identify all hazards in
    the workplace, even ones not already mitigated for by OSHA.
   ―There is one school of thought that they would not have to issue another
    regulation ever again,‖ Freedman said.
      More Aggressive OSHA and New
           Ergonomics Standard?
   High Noon for Ergonomics?
   In 2008, then-candidate Barack Obama said that, if elected, he
    would issue a new ergonomics standard. The Clinton
    administration‘s ergonomic standard survived only a few months
    and was repealed by the Bush administration and a Republican
    Congress shortly after Clinton left office.
   Last June, in a speech to the American Society of Safety
    Engineers, acting OSHA Administrator Jordan Barab
    characterized the ergonomics issue as a ―political football‖ with
    ―powerful players who don‘t want to see it on the field.‖ He
    added, ―Well, we‘re going to pick up that football.‖
         I2P2 Ergonomics Debate
   Freedman of the Chamber believes OSHA wants to re-establish
    that ergonomics standard using the I2P2 rule. Since the
    ergonomics rule was rejected under the Congressional Review
    Act, the agency cannot reissue a regulation that would be similar
    to the voided standard.
   ―Not only is this similar to the ergo rule, this will be how this
    OSHA does ergonomics,‖ Freedman said. ―This is their ergo rule
    in style and substance.‖
   Seminario of the AFL-CIO said the reference to the voided
    ergonomics standard is a scare tactic and has been used before,
    most recently, she said, with OSHA‘s proposed regulation that
    would restore a column on employer injury and illness logs to
    record workers‘ musculoskeletal disorders. The rule was
    temporarily withdrawn earlier this year.
             Bill Requiring Congress
To Approve Major Rules Could Freeze OSHA and I2P2

   The Regulations From the Executive in Need of Scrutiny
    (REINS) Act, introduced in the House (H.R. 10) by Rep. Geoff
    Davis (R-Ky.) and in the Senate (S. 299) by Sen. Rand Paul (R-
    Ky.), would require congressional approval of any regulations
    deemed to be ―economically significant,‖ meaning those whose
    cost to the economy is estimated at $100 million or more
    annually. Also included would be rules that would cause a major
    increase in costs or prices or significant adverse effects on
    competition, employment, investment, productivity, innovation,
    or U.S. competitiveness..
   The Occupational Safety and Health Administration's injury and
    illness prevention program rule, under which employers would
    bear the burden of identifying and fixing safety hazards in their
    own workplaces, is one rule that could be affected if the REINS
    Act becomes law, although the regulation has not yet been
    proposed.
   The bill has 127 co-sponsors in the House and 25 in the Senate.
              GOP Amendments to Small Business Bill
              Take Aim at Regulatory Powers, Spending
   A series of Republican amendments to a Senate small business bill could strip authority and
    funding from federal regulatory agencies, including the Occupational Safety and Health
    Administration, according to labor advocates who object to the amendments.
   One amendment, the United States Authorization and Sunset Commission Act of 2011 (S.
    Amdt. 186), submitted by Sen. John Cornyn (R-Texas), would create a bipartisan eight-member
    commission, composed of members of the House and Senate, to review and possibly
    recommend the abolishment or consolidation of redundant or duplicative programs in the
    federal government.
   Labor Advocates Criticize Amendment
   According to Chasick, a commission like the one proposed by Cornyn ―would diminish the
    important oversight and fact-finding roles of committee hearings and reports, and diminish the
    opportunity for input from agency staff, occupational safety and health experts, or victims'
    families.‖
   Moreover, ―by concentrating this power in the hands of only eight members, it is highly unlikely
    that there will be anyone from the relevant committees on the commission, further de-
    legitimizing the process,‖ Chasick said. ―It's bad enough that Congress, through the REINS Act,
    wants to politicize the rulemaking process by requiring a vote in both houses before a rule can
    take effect; concentrating this power in the hands of an eight-member commission would mean
    industry lobbyists could kill a rule in an afternoon.‖
   Similarly, Eric Frumin, safety and health director at the Change to Win labor federation,
    criticized the Cornyn amendment, telling BNA March 28 that if the new procedure were
    established, it would be even easier for corporate interests to manipulate the congressional
    process to weaken or eliminate critical public health and safety agencies like OSHA.
ASSE Share Views, Support on OSHA‘s
           I2P2 Standard
Feb 8, 2011 2:59 PM, By Laura Walter
 The American Society of Safety Engineers
  (ASSE) sent a letter to the House
  Committee on Oversight and Government
  Reform Chairman Rep. Darrell Issa, R-
  Calif., to reiterate its support for OSHA‟s
  development of an injury and illness
  prevention program (I2P2) standard.
  Hazard Communication Standard -
   Global Harmonization System of
Classification and Labeling of Chemicals
   OSHA and other U.S. agencies have been involved in a long-
    term project to negotiate a globally harmonized approach to
    informing workers about chemical hazards. The result is the
    Globally Harmonized System of Classification and Labeling of
    Chemicals (GHS). OSHA is revising its Hazard Communication
    Standard to make it consistent with the GHS. The new standard
    will include more specific requirements for hazard classification,
    as well as standardized label components which will provide
    consistent information and definitions for hazardous chemicals
    and a standard approach to conveying information on material
    safety data sheets. On September 30, 2009, OSHA published the
    proposal and participated in hearings in March 2010.
    Plenty of Substance in OSHA's Web Chat of
                     1/3/2011
   Look for a final rule revising the Hazard
    Communication standard in August 2011
   In particular, OSHA is focused on improving
    worker awareness of the health and safety risks
    posed by hazardous chemicals.
    Occupational Injury and Illness Recording and
     Reporting Requirements (Musculoskeletal
                     Disorders)
   OSHA revised its regulation on Recording and Reporting
    Occupational Injuries and Illnesses (Recordkeeping) to restore a
    column on the OSHA 300 Injury and Illness Log that employers
    will check when recording work-related musculoskeletal
    disorders (MSDs).
   The MSD data from the column will help about 750,000
    employers and 40 million workers track injuries at individual
    workplaces, and improve the Nation's occupational injury and
    illness information data published by the Bureau of Labor
    Statistics. The MSD column was removed from the OSHA 300
    Log in 2003.
   The White House's Office of Information and Regulatory Affairs
    (OIRA), part of the Office of Management and Budget (OMB),
    has been "reviewing" it for several months.
    Plenty of Substance in OSHA's Web Chat of
                     1/3/2011
   Answers to questions posed by participants
    indicated the MSDs column will be added to the
    300 log in 2012 (if OMB allows the change to
    proceed).
                Recordkeeping
   Concerns among small businesses have prompted
    OSHA to hold off implementing a column to
    record work-related musculoskeletal disorders, at
    least for the time being. The federal agency said it
    will reach out to small businesses and get their
    input on the impact of the plan.
   OSHA announced last year it would restore a column
    on its Form 300 Log of Work-Related Injuries and
    Illnesses specifically for MSDs. The column was
    announced in 2001 although it was deleted in 2003
    before it became effective.
   Public comments on the proposal indicated concerns
    about added expense and training.
                   Crystalline Silica
   This rulemaking will update existing permissible
    exposure limits and establish additional
    provisions to protect workers from exposures to
    respirable crystalline silica dust.
   Will be in the form of an ―Expanded Health
    Standard‖
       Sampling, medical monitoring, controls, respirators,
        training, etc…
   PEL 25 or 50 ug/m3???
                 Crystalline Silica
   Timetable:
     Completed SBREFA Report 12/19/2003
     Initiated Peer Review of Health Effects and Risk
      Assessment 05/22/2009
     Completed Peer Review 01/24/2010

     NPRM 06/00/2011

     Hearings 10/00/2011
              Crystalline Silica NEP
   Silica NEP Inspection Program initiated 1/2008
    to identify and reduce or eliminate the health
    hazards associated with occupational exposure
    to crystalline silica.
   Foundries are included on the inspection
    targeting lists
       Silica inspections are 2% of all inspections
Confined Space for Construction
   OSHA is closer to finalizing a rule to extend
    confined-space protection to construction
    workers.
   According to the Regulatory Agenda, comments
    OSHA has received regarding the rule were
    analyzed in October 2010.
   Currently, construction contractors can follow
    safety requirements in the general industry
    standard, but this is not mandatory
                  Combustible Dust
   Combustible dust can cause catastrophic explosions like the 2008
    disaster at the Imperial Sugar refinery that killed 14 workers and
    seriously injured dozens more. Deadly combustible dust fires and
    explosions can be caused by a wide array of materials and
    processes in a large number of industries. Materials that may
    form combustible dust include wood, coal, plastics, spice, starch,
    flour, feed, grain, fertilizer, tobacco, paper, soap, rubber, drugs,
    dyes, certain textiles, and metals. While a number of OSHA
    standards address aspects of this hazard, the Agency does not
    have a comprehensive standard that addresses combustible dust.
    OSHA is engaged in the early stages of rulemaking to develop a
    combustible dust standard for general industry. OSHA published
    an Advance Notice of Proposed Rulemaking in October 2009
    and held stakeholder meetings in December 2009.
   OSHA to hold more stakeholder meetings on how to
    regulate combustible dust
    Bill to Prevent Industrial Dust Explosions
            Reintroduced in the House
   Published: February 08, 2011
   The bill is called the Worker Protection Against
    Combustible Dust Explosions and Fires Act.
   It would require OSHA to issue interim protections to
    prevent combustible dusts like coal, sugar or metals dust
    from building up in industrial facilities to hazardous levels.
   The bill was introduced by U.S. Rep. George Miller, Rep.
    John Barrow and Rep. Lynn Woolsey.
   According to a press release sent out by the Workforce
    Protections Subcommittee, in the three years since the
    Imperial Sugar explosion there have been 24 combustible
    dust explosions or fires, causing four deaths and 65 injuries.
MICHAELS ANNOUNCED THAT OSHA IS PLANNING
     TO PUBLISH FIVE MORE RULES IN 2011

   HAZARD COMMUNICATION
       (AUGUST 2011),
   CONFINED SPACES IN CONSTRUCTION
       (NOVEMBER 2011),
   GENERAL WORKING CONDITIONS FOR
    SHIPYARDS, AND ELECTRIC POWER
    TRANSMISSION
       (MAY 2011).
   OSHA ALSO PLANS TO PUBLISH A PROPOSED
    RULE FOR SILICA
       ―THIS SPRING‖
        Airborne Infectious Diseases
   Airborne infectious diseases such as tuberculosis, severe acute
    respiratory syndrome (SARS), and influenza can be spread from
    person-to-person.
   OSHA is interested in protecting the nation's 13 million
    healthcare workers from airborne infectious diseases.
    Healthcare-acquired infections are on the rise and there are also
    increasing levels of drug-resistant microorganisms in healthcare
    settings. Most current infection control efforts are intended
    primarily for patient protection and not for worker protection.
    In March 2010, OSHA published a Request for Information to
    help examine how to improve worker protection from exposure
    to airborne diseases.
   Per Web chat of 1/3/2011 OSHA may expand scope to include
    percutaneous and droplet ingestion of may different pathogens
    Plenty of Substance in OSHA's Web Chat of
                     1/3/2011
   Additionally, this agenda also reflects two new
    initiatives that are focused on hazards in the
    high risk construction industry:
     Backing Operations and
     Reinforcing and Post-Tensioned Steel Construction.
Walking / Working Surfaces - Subparts D & I

   This proposed standard will update OSHA's rules
    covering slip, trip and fall hazards and establish
    requirements for personal fall protection systems. The
    rule affects almost every non-construction worker in
    the United States. This is an important rulemaking
    because it addresses hazards that result in numerous
    deaths and thousands of injuries every year. The
    proposal is expected to prevent 20 workplace fatalities
    per year and over 3,500 injuries serious enough to result
    in days away from work.
   The Agency issued a Proposed Standard in May 2010.
                 Cranes and Derricks

   More than 80 workers lose their lives each year in crane-related
    fatalities. OSHA's existing rule, which dates back to 1971, is
    partly based on industry consensus standards that are over 40
    years old. On October 9, 2008, OSHA issued a comprehensive
    proposed revision of the Cranes and Derricks standard. The
    proposed rule addresses electrocution hazards, crushing and
    struck-by hazards, overturning, procedures for ensuring that the
    weight of the load is within the crane's rated capacity, and
    ensures that crane operators have the required knowledge and
    skills by requiring independent verification of operator ability.
    This year, OSHA completed the public hearing and comment
    phase of the process and is now analyzing the public's input and
    preparing the final rule.
   OSHA issued the final rule in July 2010.
      OSHA Issues Guidance on Cranes
                  Rules

   The Occupational Safety and Health Administration
    issued the Small Entity Compliance Guide for Cranes
    and Derricks in Construction to help businesses comply
    with the recently published Cranes and Derricks in
    Construction rule.
         Hexavalent Chromium
   OSHA has confirmed the effective date of June
    15, 2010, for the direct final rule requiring
    employers to notify their workers of all
    hexavalent chromium exposures. The rule
    revises a provision in OSHA's Hexavalent
    Chromium standard that required workers be
    notified only when they experienced exposures
    exceeding the permissible exposure limit.
          Hearing Conservation for
         Construction Dropped from
            Regulatory Agenda
   Due to ―resource constraints and other priorities,‖ the
    Hearing Conservation Program for Construction
    Workers has been dropped.
   A recent survey found that 60 percent of more than
    3,000 construction workers employed by the U.S.
    Department of Energy suffer with hearing
    loss. OSHA‘s plans to increase enforcement of
    standards 1926.52 and 1926.101, which are devoted to
    noise exposure in construction.
   The transient nature of construction work and its labor
    force complicate resolution of this health and quality of
    life issue.
      OSHA Agrees to Extend Comment Period
    On Proposed Reinterpretation of Noise Standard

   OSHA's proposal, published Oct. 19, centers on the term ―feasible
    administrative or engineering controls,‖ as used in the general industry and
    construction occupational noise exposure standards.
   Under the reinterpretation, employers would have to reduce noise exposure in
    the workplace by using administrative or engineering controls, rather than by
    providing personal protective equipment, if the cost of doing so does not
    threaten the employer's ability to stay in business (75 Fed. Reg. 64,216; 40
    OSHR 867, 10/21/10).
   Employer organizations have expressed concern over the impact of the
    proposed reinterpretation. There were no comments from labor unions on
    file as of Nov. 19. The comment period was due to close Dec. 20.
   The comment period for the Occupational Safety and Health
    Administration's proposed reinterpretation of its noise protection standards
    will be extended 90 days to March 21, 2011,
             Noise Control Policy Change
           Proposal Has Been “Suspended”

    OSHA proposed the new policy after research showed hearing loss to be a significant workplace
    health issue
        with more than 20,000 workers annually experiencing hearing loss.
              only 34 percent of workers exposed to potentially harmful noise levels wear HPDs.
        Armed with this evidence from inspections and investigations and research, OSHA proposed in 2010 to
         have employers use engineering controls to bring noise levels down below 90 dBA when feasible.
              OSHA‘s old policy In effect since the 1980s called for the use of controls only when noise exceeded 100 dBA.
              The new policy target noise exposures between 90 and 100 dBA.
        ―We failed to educate the public on the reasons for the renewed emphasis on nose controls over PPE,
         so we pulled back for more education,‖ said Hauter.
        OSHA received ―a very, very strong immediate reaction from the National Association of
         Manufacturers and the U.S. Chamber of Commerce,‖ along with almost 30 other industry groups. ―We
         heard the same comments that we‘ve heard since the 1970s,‖ said Hauter. ―You‘re going to ruin us, put
         us on the brink of bankruptcy.‖
        Facing this level of protest, OSHA decided that more outreach and input from the public was needed,
         and withdrew the proposal. ―Rest assured OSHA is not dropping this issue,‖ said Hauter.
              The agency plans to update the noise section of its website in March with new information.
              Public hearings on the proposal will be held, hopefully this spring or summer, according to Hauter.
              And she said OSHA chief Dr. David Michaels is making the case that American industry is losing business to
               European manufacturers of ―quiet equipment,‖ because engineering controls are more accepted in Europe; thus
               manufacturers there have more motivation to put R&D money into quiet equipment technology.

Other Initiatives
          OSHA Rescinds Interim Residential Fall
                    Protection Guidelines
   The head of the Occupational Safety and Health
    Administration said Nov. 16 that the agency rescinded
    its interim residential fall protection guidelines, which
    critics say can allow employers to forego certain fall
    protection measures even if they are feasible.
   Conventional fall protection programs consist of three
    protective systems—guardrails, safety nets, and
    personal fall arrest systems. Employers are allowed to
    use alternative fall protection, however, when a
    conventional program is ―infeasible or creates a greater
    hazard,‖ the interim guidelines said.
   OSHA published a retraction of this policy on
    12/22/2010 in the Federal Register
          OSHA acts to protect workers in residential
                             construction
   OSHA issued a new directive withdrawing a former one that allowed
    residential builders to bypass fall protection requirements.
   The directive being replaced, issued in 1995, initially was intended as a
    temporary policy and was the result of concerns about the feasibility of
    fall protection in residential building construction.
   However, according to data from the department's Bureau of Labor
    Statistics, there continues to be a high number of fall-related deaths in
    residential construction and industry experts now feel that feasibility is
    no longer an issue or concern.
   The National Association of Home Builders, the National Advisory
    Committee for Construction Safety and Health, and the Occupational
    Safety and Health State Plan Association all recommended rescinding
    the 1995 directive.
   To view the directive and for more information, visit OSHA‘s
    Residential Fall Protection page.
    Guidance document provides methods to help
    prevent injuries and deaths among residential
                construction workers
   To help employers comply with the new fall protection
    directive (see first story) OSHA issued a guidance
    document on Fall Protection in Residential
    Construction*.
   Falls are the leading cause of death for workers
    involved in residential construction.
   The document focuses primarily on new construction
    and shows how employers can prevent fall-related
    injuries and death by methods that include using
    bracket scaffolds, anchors, safety net systems and
    guardrails during activities such as weatherproofing a
    roof or installing roof sheathing, walls and subfloors
New OSHA brochure explains workers'
rights to a safe and healthful workplace
   OSHA's new brochure, We Are OSHA -- We Can Help*,
    provides information to help workers understand their rights
    under the OSH Act and what OSHA can do to help protect
    them.
   The brochure covers topics including:
   employer responsibilities,
   who OSHA covers,
   OSHA safety and health standards,
   the right of workers to request an OSHA inspection of their
    workplace, and
   the right of workers not to be punished or discriminated against
    for using their OSHA rights.
         Dangers of distracted driving
   OSHA's new distracted driving brochure* explains to employers and supervisors the
    importance of preventing texting by their workers while driving. Texting while driving
    dramatically increases the risk of motor vehicle crashes, the leading cause of worker
    fatalities. Distracted driving crashes killed more than 5,400 people and injured nearly
    500,000 in 2009. OSHA encourages trade associations to share this brochure with their
    members. It can be downloaded or ordered from the Publications page of OSHA's
    Web site.
   This resource is part of OSHA's Distracted Driving Initiative, which OSHA Assistant
    Secretary David Michaels discussed with stakeholders in a March 3 teleconference.
    Participants representing workers, employers, trade associations, insurance companies,
    small businesses, government agencies and advocacy groups participated in a
    discussion of strategies and plans to work cooperatively to help inform businesses of
    the importance of preventing texting while driving. See OSHA's Distracted Driving
    Web page for more information on the agency's efforts to protect workers from this
    growing hazard.
Overhaul of Injury and Illness Data
       Collection Systems
   Need better data for enforcement targeting
    systems
       Revise entire OSHA recordkeeping system to be a
        ―real time‖ web based reporting system
                 Budget Cuts
   A $99 million cut in OSHA money, which is
    just under a fifth of its budget. Almost half
    of the cut (42 percent) would be in federal
    OSHA enforcement, while another 35
    percent of the cut would be in money to
    gather safety and health statistics.
Compliance Assistance Programs
       House Oversight Subcommittee Chairman
        Calls for „Creative Legislation' on OSHA
   Federal policy on worker safety should emphasize compliance assistance, not
    enforcement, the chair of a House oversight subcommittee told BNA April 6.
   ―Congress has delegated rulemaking authority to OSHA, and the agency's
    expertise in workplace safety matters makes it the prime mover in shaping the
    future of regulatory policy within the industry,‖ Rep. Jim Jordan (R-Ohio),
    chair of the House Oversight Subcommittee on Regulatory Affairs, Stimulus
    Oversight, and Government Spending, said.
   ―The key here is that, in an era where the industry is struggling for jobs, we
    need regulations that inform job creators about how best to comply with the
    law to promote workplace safety—not regulations that are used only to
    punish honest mistakes, thus forcing manufacturing and construction firms to
    focus less on providing jobs and helping consumers than on fearing they
    would have to lay off employees and cut down business to avoid heavy fines
    or prosecution,‖ Jordan, who also chairs the Republican Study Committee,
    told BNA.
   ‗Burdensome Enforcement' Not Helpful
   While both parties see the need to boost jobs, OSHA ―has increased fines
    and penalties, while cutting funding and staff for cooperative programs,‖ he
    said. ―Critically, we need to agree that burdensome enforcement regimes that
    minimize compliance assistance are not helpful to employees, and especially
    not helpful to business.‖
       OSHA issues hazard alert on hair smoothing and
    straightening products that could release formaldehyde
   OSHA issued a hazard alert to hair salon owners and workers
    about potential formaldehyde exposure from working with some
    hair smoothing and straightening products. (Brazilian Blowout)
   Formaldehyde can irritate the eyes and nose, cause allergic
    reactions of the skin, eyes and lungs and is also linked to nose
    and lung cancer.
   Responding to complaints about possible exposure, OSHA and
    many state occupational safety and health agencies are
    conducting investigations.
   During one investigation, federal OSHA's air tests showed
    formaldehyde at levels greater than OSHA's allowable limits,
    even though the product tested was labeled as formaldehyde-
    free.
OSHA Revises Outreach Training Program to
      Improve Trainer Reliability
   OSHA recently revised its voluntary Outreach Training Program
    procedures to include trainer verification requirements and other
    changes to improve training quality and ensure the integrity of its
    authorized instructors
   The new requirements now include a trainer code of conduct
    and a statement of compliance, which requires each trainer to
    verify that the training he or she conducts will be in accordance
    with the program requirements and procedures.
   Other enhancements involve
       limiting classroom size to a maximum of 40 students;
       limiting the use of translators to those with safety and health experience;
       and limiting the amount of time spent on videos during the training.
OSHA Revises Outreach Training Program to
      Improve Trainer Reliability
The agency also is making the following changes to the Outreach Training
  Program:
       Imposing limits on outreach training conducted outside of OSHA‟s
        jurisdiction.
       Allotting military members returning from overseas an additional 90 days
        from their return date to renew their trainer authorization.
       Requiring trainers to issue course completion cards to students within 90
        days of class completion.
       Requiring trainers to provide the course completion card directly to the
        student, allowing students to have proof of training completion to display
        at any job site and help prevent organizations from withholding the card
        from a worker.
       Adding record requirements to impose tougher advertising restrictions and
        revising the rules for using guest trainers.
       Finally, the training class content has changed. All construction classes are
        required to include 4 hours on Focus Four Hazards. All 30-hour classes
        must include 2 hours on Managing Safety and Health.
       The new requirements and procedures also integrate recent requirements,
        which require training classes to last a maximum of 7.5 hours per day and
        include a new, 2-hour Introduction to OSHA training module.
Without a S&HMS You Could Go…
    Compliance Assistance Focus
   Implementation of effective SH Management
    Systems
   Improve ―safety culture‖
   Reach ―at risk‖ workers
     Hispanics
     Youth
               The VPP Model
(Culture + Systems = Reduced Injuries and Illnesses)
Successful Safety Management

                     HSE Performance over time
                          Technology
                                                                   • Behaviour
                        and standards                              • Visible leadership /
                                                                     personal accountability
                                                          HSE      • Shared purpose & belief
                                                                   • Aligned performance
                                                      Management     commitment & external
                                                                     view
                                                        Systems
 Incident rate




                 •   Engineering improvements                      • HSE delivers business
                 •   Hardware improvements                           value
                 •   Safety emphasis
                 •   E&H Compliance
                                          •   Integrated HSE-MS
                                          •   Reporting                    Improved
                                          •   Assurance
                                                                            culture
                                          •   Competence
                                          •   Risk Management


                                 Time
KCAO Achieves STAR VPP Status
Questions?

				
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