H&S Under the Obama Administration and OSHA s Targeted Inspection Programs

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1 H&S Under the Obama Administration and OSHA s Targeted Inspection Programs Presented by: Todd A. Allshouse, CIH Director, H&S Services Compliance Management International

2 H&S Under the Obama Administration and OSHA s Targeted Inspection Programs Current H&S Regulatory Climate Regulatory activity in Flexible Packaging industry OSHA Targeted Inspection Programs and regulatory priorities Steps for preparing for and protecting ti your workplace from regulatory enforcement

3 Current H&S Regulatory Climate: The Classic Debate Republicans (and Business) OSHA doing too much Need more compliance assistance Need more partnership alliances Need more training Democrats (and Labor) OSHA broken, not doing enough Need more inspections Need more regulation Need less cooperation, more enforcement

4 Current H&S Regulatory Climate: The Bush Administration By 2008, historically low injury/illness incidence rates Non-fatal injuries/illnesses: 3.9 (per 100 workers) Fatalities: 5.2 (per 100, workers) Recent studies have questioned the validity of recent injury/illness data

5 Current H&S Regulatory Climate: The Obama Administration Obama campaign promise to boost OSHA funding and increase enforcement Hilda Solis, Secretary of Labor Reputation as pro-labor and pro union 97% pro-union voting record There s a new sheriff in town In favor of increased OSHA and MSHA funding Plans to hire 120+ new compliance officers in 2010

6 Current H&S Regulatory Climate: The Obama Administration Recent enforcement activity: October Largest fine in OSHA history, BP Products ($87.4M) First t o months of fiscal First two months of fiscal year 6 "egregious" violations

7 The Obama Administration: What to Expect More inspections Less willingness to negotiate Penalties Abatement methods Settlements M t f OSHA li Movement away from OSHA compliance assistance

8 The Obama Administration: What to Expect More focus on agency referrals Greater use of incident-by-incident (egregious) citation approach Increased scrutiny of recordkeeping and reporting Tougher penalties for misreporting Less credit to employers with low rates

9 The Obama Administration: What to Expect Increased OSHA rulemaking/regulations Global harmonization of chemicals Combustible dust Walking and working surfaces Electrical/PPE Ergonomics Proposed Protecting America s Worker Act

10 The Obama Administration: What to Expect We will be seeing a much more activist and interventionist OSHA on both the enforcement and regulatory fronts It s almost a given. Baruch Fellner, Washington attorney working with the U.S. Chamber of Commerce Our members are concerned that the department is shifting its focus from compliance assistance back to more of the 'gotcha' or aggressive enforcement first approach. " Karen Harned, Executive Director of the National Federation of Independent Business' Small Business Legal Center

11 Flexible Packaging Industry NAICS : Coated and 2671: Packaging Paper and Plastics Film, Coated Laminated Packaging Paper and Laminated (Except single-web and multi-web and Plastics Film plastics packaging film and sheet) Manufacturing : Uncoated Paper and 2674: Uncoated Paper and Multiwall Bags Multiwall Bag Manufacturing : Laminated Aluminum Foil Manufacturing for Flexible Packaging g Uses : Plastics Bag Manufacturing SIC 3497: Metal Foil and Leaf (Laminated aluminum foil rolls and sheets for flexible packaging uses) 2673: Plastics, Foil, and Coated Paper Bags (Single-web and multi-web plastics bags) : Plastics Packaging Film and Sheet (including Laminated) Manufacturing 2671: Packaging Paper and Plastics Film, Coated and dlaminated d(single-web and multi-web plastics packaging film and sheet)

12 Flexible Packaging Industry 2008 injury rates for private industry 3.9 (per 100 workers) for non-fatal injuries/illnesses 2.0 Days Away from Work, Restricted, or Transferred (DART) NAICS 322 (Paper Manufacturing) 450,400 injuries 3.7 injury/illness rate, 2.0 DART rate NAICS 326 (Plastics and Rubber Products Manufacturing) 748,700 injuries 5.7 injury/illness rate, 3.2 DART rate

13 Flexible Packaging Industry: Inspection Data (10/08 9/09) SIC Industry Group Inspections Planned/Programmed Inspections: 55% Complaints: 21% Referral: 11% Follow-up: 6% Accident: 6% Other: 1% 393 Violations Issued, $247,735 in fines 1.7 Violations/Inspection $630/Violation

14 Flexible Packaging Industry: Inspection Data (10/08 9/09) Frequently Cited Standards Subpart O, Machinery and Machine Safeguarding 90 Violations, $79,226 in fines (Average fine = $880) Subpart S, Electrical 65 Violation $34,126 (Average = $525) , Control of Hazardous Energy (Lockout/Tagout) 52 Violations, $38,237 (Average = $735) , Hazard Communication 37 Violations, $5,928 (Average = $160) , Powered Industrial Trucks 28 Violations, $18,828 (Average = $672)

15 Flexible Packaging Industry: Inspection Data (10/08 9/09) Frequently Cited Standards (Cont d) , Subpart D, Walking-WorkingWorking Surfaces 18 Violations, $10,452 (Average = $581) , Subpart I, Personal Protective Equipment (including Respiratory Protection) 15 Violations, $7,223 (Average = $481) , Recordkeeping 12 Violations, $7,060 (Average = $588) , Occupational Noise 11 Violations, $3,900 (Average = $354) 10. OSHAct Section 5(a)(1), General Duty Clause 10 Violations, $10,125 (Average = 1,012)

16 OSHA s Targeted Inspection Programs Site-Specific Targeting (SST) National Emphasis Programs (NEPs) Regional and Local Emphasis Programs (REPs and LEPs) Enhanced Enforcement Program (EEP)

17 Site-Specific Targeting (SST) OSHA s main programmed inspection plan for non- construction workplaces with 40 or more employees Focuses enforcement efforts on worksites with highest injury/illness rates Current SST initiative Effective July 2009 Based on 2007 injury/illness data collected in 2008 OSHA Data Initiative (ODI) Encompasses all manufacturing SIC codes

18 Site-Specific Targeting (SST) Based on DART and LT Rates 2007 Industry Averages: DART = 2.1; LT = 1.2 Initial List: 3,100 sites with DART >8.0 or LT >6.0 Secondary List: DART >6.0 or LT >4.0 Some non-respondents included on lists For companies with multiple establishments on list, sites with higher rates will be given priority

19 Site-Specific Targeting (SST) During inspection, OSHA will calculate rates for 3 previous years: If 2 of 3 previous years are below twice the national average, OSHA will review current year If current year is below national average, the inspection will be limited to a records review Compliance officers will not wait until records are produced before beginning walk-through inspection

20 Site-Specific Targeting (SST) All non-respondents on target list will receive comprehensive safety inspection If a site is subject to another emphasis program, the inspection can be performed at same time as SST Inspection deferrals may apply if part of cooperative program Inspection may be deferred if site was inspected within last 36 months

21 Site-Specific Targeting (SST): Defensive Strategies Ensure that OSHA 300 Logs are accurate, up-to-date, and readily available Know your DART and LT rates relative to national averages Respond ODI requests promptly and honestly Judiciously consider cooperative programs Don t rely on previous inspections for deferral

22 Site-Specific Targeting (SST): Example Small manufacturer of wood furniture Non-respondent to ODI OSHA visit resulted in 3-day wall-to-wall inspection Recordkeeping deficiencies identified Machine safeguarding g issues cited under NEP for Amputations Industrial Hygienist consulted for possible inhalation exposure and combustible dust issues for wood dust

23 NEP Amputations Implemented in 2002 Inadequate machine guarding and lockout/tagout are primary causes of amputations Primary OSHA standards: , Lockout/Tagout , General Requirement for All Machines , Woodworking Machinery Requirements , Mechanical Power Presses , Mechanical Power-Transmission Apparatus

24 NEP Amputations Targets workplaces with certain types of equipment that are capable of causing amputations, including: Conveyors Packing, Wrapping, Bundling Machinery Printing Presses Select industries are targeted: NAICS : Coated and Laminated 2671: Packaging g Paper and Plastics Film, Coated and Laminated (Except Packaging Paper and Plastics Film single-web and multi-web plastics packaging film and sheet) Manufacturing : Plastics Bag Manufacturing 2673: Plastics, Foil, and Coated Paper Bags (Single-web and multi-web plastics bags) : Plastics Packaging Film and Sheet (including Laminated) Manufacturing SIC 2671: Packaging Paper and Plastics Film, Coated and Laminated (Singleweb and multi-web plastics packaging film and sheet)

25 NEP Amputations Lists of targeted companies will be compiled based on: Industry type General industry establishments that have had amputations within the past 5 years WC data OSHA 300 Logs NIOSH data Agency referrals Local knowledge

26 NEP Amputations Inspections include reviews of 300 Logs to identify amputations and other machine injuries Focus on exposures during: Normal machine operations Setup/preparation Clearing jams or upset conditions Operational adjustments Cleaning Scheduled/unscheduled maintenance Locking out or tagging out

27 NEP Amputations Amputations has been undertaken as a Regional Emphasis Program in: Regions II, V, VI, VII, VIII, IX IX VIII VII V II VI II

28 NEP Amputations: Defensive Strategies Ensure that all equipment is properly guarded Ensure that appropriate work practices are in place for: Lockout/tagout Inch-safe-servicing Ensure that all elements of Lockout/Tagout are being implemented: Written procedures Employee training Annual inspection of procedures Refer to The Control of Hazardous Energy Enforcement Policy and Inspection Procedures (CPL , 2/11/08)

29 NEP Amputations: Example Food manufacturer Employee complaint The company has robust lockout/tagout program Serious violation ($7,000) for inadequate inspection process

30 NEP Combustible Dust Initiated in 2007 and reissued in 2008 Issued in response to recent catastrophic t combustible dust accidents Primary OSHA standards relating to combustible dust hazards: , Walking-Working Surfaces Housekeeping requirements , Materials Handling Housekeeping in storage areas , Hazardous a (Classified) Locations o Where eecass Class II locations exist OSHAct Section 5(a)(1), General Duty Clause

31 NEP Combustible Dust Focuses on specific industry groups with potential for combustible dust incidents SIC 3081/NAICS , Unsupported Plastics Film and Sheet Lists of targeted companies will be compiled based on: Lists of targeted companies will be compiled based on: Industry type Local knowledge

32 NEP Combustible Dust Inspections focusing on: Powder handling and dust generating processes History of fires and presence of ignition sources Characteristics ti of dusts present Dust accumulations (1/32 of an inch over greater than 5% of the surface area) Evaluate control systems (dust collectors, etc.)

33 NEP Combustible Dust: Defensive Strategies Understand potential explosive characteristics of powders and dusts MSDSs Suppliers Perform testing Implement housekeeping program to eliminate build-up of dusts (<1/32 inch) As necessary implement additional controls Explosion/deflagration venting for equipment Minimizing heat and ignition sources Provide training

34 NEP Injury and Illness Recordkeeping Effective September 2009 Addresses evidence of under-reporting reporting of workplace injuries and illnesses Key targets are low injury/illness rate businesses in historically high rate industries Currently limited to a specific list of NAICS codes, which do not appear to widely apply to FPA members

35 NEP Injury and Illness Recordkeeping Inspections to include: Review of OSHA 300 Logs and calculation l of rates Interviews with employees, management, and healthcare professionals This is a cautionary NEP: OSHA is more aware of under-reporting OSHA is looking for discrepancies between 300 Logs and ODI survey data

36 Local Emphasis Programs (LEPs) Address hazards or industries that pose a particular risk to workers in a region or local area Amputations Region II (Region-Wide) Region V (Region-Wide) Region VI (Region-Wide) Region VII (Region-Wide) Region VIII (Region-Wide) Region IX (Region-Wide)

37 Local Emphasis Programs (LEPs) Powered Industrial Trucks Region I (Region-Wide) Region IV (Ft. Lauderdale) Region V (Region-Wide) Region VII (Kansas) Region VIII (Billings) Focus on: Approved trucks/designated locations Operator training and evaluation Inspections and maintenance Operational procedures

38 Local Emphasis Programs (LEPs) Region III Follow-up inspections Never before inspected high hazard (Wilkes-Barre, Wilmington) Noise Exposure (Pittsburgh, Erie, Allentown) Electrical hazards in general industry (Region VII, St. Louis) Refer to OSHA website and local/regional offices for additional details

39 Enhanced Emphasis Program (EEP) Targets employers deemed to be indifferent to their obligations under the OSH Act Fatality with willful, repeat, or serious violations Inspections resulting in multiple serious/willful/repeat violations Failure to abate notices Significant cases with $100,000 or more in fines Enhanced follow-up inspections Inspections of related worksites of the same employer

40 OSHA s Regulatory Priorities (Fall 2009) Occupational Injury and Illness Recording and Reporting Requirements (Musculoskeletal Disorders) OSHA is proposing to restore the MSD column on the OSHA 300 Log The Agency will issue a proposed rule in early 2010 Prelude to additional Ergonomics rulemaking?

41 OSHA s Regulatory Priorities (Fall 2009) Combustible Dust Currently no comprehensive standard Early stages of rulemaking for general industry standard ANPR published in October 2009 Stakeholder meetings held in late 2009

42 OSHA s Regulatory Priorities (Fall 2009) Hazard Communication and Global Harmonization System (GHS) OSHA and U.S. agency project to implement a GHS system for chemical hazards Proposed changes to Hazard Communication Standard Hazard assessment and classification Material Safety Data Sheets Labeling Proposed standard published in September 2009 and hearings are planned for March 2, 2010

43 OSHA s Regulatory Priorities (Fall 2009) Walking / Working Surfaces - Subparts D & I Proposed update to the standards covering slip, trip and fall hazards and requirements for personal fall protection systems Affects almost every non-construction worker A proposal is expected in early 2010

44 Preparing for and Protecting Against OSHA Enforcement (General) Focus on the primary triggers for OSHA inspections High injury/illness rates Industry type Employee complaints Serious accidents Agency referrals

45 Preparing for and Protecting Against OSHA Enforcement (General) Plan for handling OSHA inspections Internal audits and mock inspections Hazard anticipation, identification, and control of industry-specific hazards Ensure the accuracy, quality, and timeliness of recordkeeping systems Calculate and track injury/illness rates

46 Preparing for and Protecting Against OSHA Enforcement (General) Enhance employee involvement Ensure that employee training is up-to-date and documented Evaluate Health & Safety reward and incentive programs Understand d previous inspection history Be aware of other agencies visiting or inspecting your facility

47 Need More Information? Field Operations Manual (FOM) CPL Site-Specific Targeting g 2009 (SST-09) National Emphasis Program on Amputations CPL The Control of Hazardous Energy Enforcement Policy and Inspection Procedures CPL Combustible Dust National Emphasis Program (Reissued) CPL Injury and Illness Recordkeeping National Emphasis Program (RK NEP) (CPL 02) Enhanced Enforcement Program (EEP) CPL OSHA Searchable Database of Workplace Injury and Illness Data

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49 Compliance Management International Excellence in Regulatory Management One of the Largest Outsourcing Providers of EH&S in the U.S.A. Highly Qualified and Experienced Staff Members Diverse Services Offerings IH, EHS, H&S 15 years of service to the flexible packaging industry One Stop Shopping x119