Fond Du Lac The last one from ostrenga

Transcription

1 Fond Du Lac 2012 The last one from ostrenga

2

3 OSHA Turned 40

4 Who s at OSHA these Days Assistant Secretary; Dr. Michaels Stronger enforcement: Some employers need incentives to do the right thing. Ensure that workers have a voice (OSHA 10 intro) Refocus compliance assistance programs Change workplace culture: Employers must find and fix workplace hazards

5 OSHA Emphasis New emphasis on enforcement and standard setting Increased inspections

6 Wisconsin OSHA Offices Eau Claire Appleton Madison Milwaukee

7 OSHA 2012 OSHA at 40+! Still protecting the safety and health of the American worker.

8 An anniversary occurred on Friday March 25,2011 of an Emergency Response One hundred years ago on March 25, fire spread through the cramped Triangle Waist Company garment factory on the 8th, 9th and 10th floors of the Asch Building in lower Manhattan. Workers in the factory, many of whom were young women recently arrived from Europe, had little time or opportunity to escape. The rapidly spreading fire killed 146 workers.

9 The building had only one fire escape, which collapsed during the rescue effort. Long tables and bulky machines trapped many of the victims. Panicked workers were crushed as they struggled with doors that were locked by managers to prevent theft, or doors that opened the wrong way. Only a few buckets of water were on hand to douse the flames. Outside, firefighters' ladders were too short to reach the top floors and ineffective safety nets ripped like paper

10

11

12

13 The public outcry over what was clearly a preventable tragedy brought a renewed sense of urgency to the labor movement and to other groups working to improve women's and immigrants' rights in the workplace. The Triangle factory fire remained the deadliest workplace tragedy in New York City's history until the terrorist attacks on the World Trade Center 90 years later.

14 View from the southwest November 01

15 ASSE's 100th Anniversary The American Society of Safety Engineers will celebrate its 100th Anniversary in Founded in 1911 as the United Association of Casualty Inspectors, the Society was formed in the wake of tragic events such as the March 1911, Triangle Shirtwaist Factory Fire in New York City where 146 young girls and women lost their lives in a workplace tragedy that drew the attention to the need for workplace safeguards and regulations. As its 100th anniversary nears the 30,000 plus members of ASSE, the world s oldest and largest professional safety organization, look forward to commemorating 100 years of dedicated service to workplace safety and health.

16 And it still happens

17 North Carolina 1991 The Hamlet chicken processing plant fire was an industrial fire that took place in Hamlet, North Carolina, United States at the Imperial Foods chicken processing plant on September 3, 1991, after a failure in a faulty modification to a hydraulic line. Twenty-five people were killed and 54 injured in the fire, as they were trapped behind locked fire doors. Due to a lack of inspectors, in 11 years of operation, the plant had never received a safety inspection. Investigators thought that a single safety inspection might have revealed the problem and easily prevented the disaster.

18 "Life Before OSHA" 14,000 workplace fatalities No right to know the hazards of chemicals you worked with. No requirement to provide personal protective equipment. No protection for working on machines and having it start up. No protection in Confined Spaces. No protection in Trenches.

19 OSHA at 40 Recent workplace tragedies: Upper Big Branch Mine Disaster 29 Coal Miners killed Oil rig explosion south of Louisiana 11 workers killed Anacortes Refinery fire in Washington State 7 workers killed February Kleen Energy 6 workers killed Youths Die After Being Trapped in Grain Bin - 7/28/10, Mt. Carroll, IL Two teenagers, ages 14 & 19, engulfed in corn, die

20 OSHA at 40 These were the headlines that we were reading But we also know that 14 workers lose their lives in preventable accidents everyday Close to 100 deaths every week Their Mission, simply put is to protect workers from death, injury, and illness.

21 In 1911 vs. Now 50 deaths per 100,000 workers each year on the job Or if you worked for 40 years the odds were 1 in 50 that you would die on the job 2010 deaths 3.5 per 100,000 workers Around 6 workers (in 1911) out of 100 had a serious injury. (definition of serious evolved) workers out of 100 had a serious injury. (DART)

22

23

24

25

26 When I started US TCIR US DART Now TCIR 3.8 WI 4.4 Now DART 1.9 WI 2.2 Now US Const 4.0 TCIR WI 5.6 Now US Const 2.1 DART WI 2.4

27 In construction 2010 WI fatals 10 with 98,000 workers 1 in 9800 IL fatals 26 with 209,400 workers 1 in 8053 OH fatals 21 with 150,000 workers 1 in 7142 So while WI is less than perfect on the DART and TCIR we don t kill as many.

28 In 2010 US Fatality rate 3.5 WI Fatality rate 3.5 IL Fatality rate 3.7 So while WI has a bad appearance on the DART and TCIR we are average in this area.

29

30

31 Future OSHA An educated workforce, every new standard has a training requirement Stronger enforcement: Some employers need incentives to do the right thing. Ensure that workers have a voice Refocus and strengthen our compliance assistance programs Change workplace culture: Employers and workers must find and fix workplace hazards

32 Future WI Construction Old Work Force so get ready for change. When their 401 K hits X I m gone Unskilled new hires With Attitude! With Common Sense? Building trade trainers leaving (Baby Boomers) They had their hearts in the trade, what will you get since they are underpaid for their skill set. New technology ROC>before. More realtime requirements for data.

33 We need an educated workforce to compete with the rest of the world

34 OSHA 10 and 30 hour These provide basic construction safety and health practices that workers can use at their work sites. Seven Hundred thousand have been trained in these programs. People are alive today because of the knowledge they received.

35 Changes to OSHA 10 and 30 More employee oriented 2 hour intro 4 hours mandatory focus 4 No more than 7.5 hours per day Much tighter paperwork (and Audits) Results? Questions?

36

37

38 New as of 3-20 In this final rule, OSHA is modifying its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The Hazard Communication Standard, being revised to align with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals, will be fully implemented in 2016

39 GHS "OSHA's 1983 Hazard Communication Standard gave workers the right to know. As one participant expressed during our rulemaking process, this update will give them the right to understand, as well," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

40 Major Changes Hazard classification: Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures. Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category. Safety Data Sheets: The new format requires 16 specific sections, ensuring consistency in presentation of important protection information. Information and training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.

41 December 1, 2013 Employers must Train employees on the new label elements and SDS format.

42 June 1, 2015* Chemical manufacturers, importers, distributors and employers Comply with all modified provisions of this final rule, except: Distributors may ship products labeled by manufacturers under the old system until December 1, 2015.

43 June 1, 2016 Employers must update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.

44 In the transition period All chemical manufacturers, importers, distributors and employers must; Comply with either 29 CFR (this final standard), or the current standard, or both.

45 Future (likely) standards Electric Power distribution Const and GI Walking/Working (fall protection) Surfaces General Industry MSD column ALL Real Time recordkeeping?

46 SIP IV is coming Remember SIP III All Slings must be tagged. No exceptions

47 Standards and Regulations Beryllium Crystalline Silica Combustible dust PELs Confined Space in Construction Infectious Diseases Looking into a standard related to the Kleen Energy explosion Modernizing recordkeeping MSD Column

48 OSHA s Noise Enforcement Policy New Noise Website

49 National Emphasis Programs Chemical Plants / PSM Amputations* Trenching* Crystalline Silica* Lead * Combustible Dust Federal Agency Air Traffic Control Towers Flavorings

50 Region V Local Emphasis Programs for FY 11 Primary Metals Fall Hazards in Construction Powered Industrial Vehicles (Construction & General Industry) Building Renovation/Rehabilitation ( Gut Rehab ) Amputation Targeting in GI Grain Dairy

51 Coming soon???? Nursing Homes Isocyanates

52 FY 2011 Top 10 Most Cited Standards (General Industry) 1. Hazard Communication 2. Respiratory Protection 3. Lockout/Tagout 4. Electrical, Wiring Methods 5. Powered Industrial Trucks 6. Electrical, General Requirements 7. Machine Guarding 8. Recordkeeping 9. Personal Protective Equipment 10. Mechanical Power Transmission Apparatus

53 FY 2011 Top 10 Most Cited Standards (Construction Industry) 1. Fall Protection 2. Scaffolding 3. Ladders 4. Fall Protection, Training Requirements 5. Hazard Communication 6. Head Protection 7. General Safety & Health Provisions 8. Aerial Lifts 9. Eye & Face Protection 10. Specific Excavation Requirements

54 Most Frequently Cited OSHA Violations - Region V Construction General Industry 1. Machine Guarding, General 2. Hazard Communication- Program 3. Hazard Communication, Training 4. Lockout/Tagout Procedures 5. Lockout/Tagout Program 6. Powered Industrial Trucks 7. Machine Guarding, Point of Operation 8. Lockout/Tagout, Periodic inspections 9. Hazard Assessment & PPE Selection 10. Guarding Floor & Wall Openings & Holes 1. Fall Protection, Residential 2. Fall Protection, Training 3. Safety program, frequent & regular inspections 4. Ladders 5. Eye & Face Protection 6. Head Protection 7. Scaffolds, Fall Protection 8. Fall Protection, General 9. Safety program 10. Excavations

55 Penalty Changes 1. Gravity-Based Penalty 2. Size 3. History 4. Good Faith 5. Increased Minimum Penalties 6. Severe Violator Enforcement Program 7. Repeat Violations 8. Informal Conference Consideration 9. Application of penalty adjustment factors 10/1/10

56 Gravity-Based Penalty Old Policy New High/Greater * $5,000 or $7,000 $7,000 Medium/Greater $3,500 $6,000 Low/Greater $2,500 $5,000 High/Lesser $2,500 $5,000 Medium/Lesser $2,000 $4,000 Low/Lesser $1,500 $3,000 * Injury Severity/Incident Probability

57 Size Old Reduction New Reduction % 40% % 30% % 10% 251 or more None None

58 History Old Policy New Consider previous 3 yrs 10% reduction Inspected and no SWRF citations in the previous 5 yrs 10% reduction Citations within the previous 3 yrs No reduction Inspected and HG citations issued in the previous 5 yrs 10% increase Never inspected or no HG citations in the previous 5 yrs No reduction or increase

59 Good Faith New policy will retain evaluating an employers safety and health program The additional 10% reduction for participation in a strategic partnership has been eliminated

60 Increased Minimum Penalties Minimum penalty for a serious is increasing from $100 to $500 Minimum penalty for a posting violation will increase from $100 to $250 if the company was previously provided a poster by OSHA

61 Repeat Violations Old Policy New Proposed if a final order citation in the previous 3 yrs Proposed if a final order citation in the previous 5 yrs

62 FY 2007 FY 2011 Average Current Penalty Per Serious Violation $3,000 $2,500 $2,223 $2,000 $1,500 $1,000 $500 $918 $998 $970 $1,053 $0 FY07 FY08 FY09 FY10 FY11

63 Severe Violator Enforcement Program SVEP took effect June 18, 2010 Intended to focus OSHA enforcement resources on employers who have endangered workers by demonstrating a clear indifference and disregard to their responsibilities under the OSH Act Focus on employers with willful, repeat or failure-to-abate violations in one or more of the SVEP criteria

64 Does the case qualify for SVEP? FATALITY > 1 W, R or FTA based on a serious violation related to a death of an employee or three or more hospitalizations NON- FATALITY > 2 W, R or FTA based on high gravity serious violations related to a High-Emphasis Hazard* NON-FATALITY Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM) > 3 W, R or FTA based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard Egregious Any Egregious Enforcement Action (including recordkeeping)

65 SVEP High Emphasis Hazards: Fall Hazards Amputation Hazards Combustible Dust Hazards Crystalline Silica Hazards Lead Hazards Excavation/Trenching Hazards Grain

66 SVEP Statistics Nationwide 174 cases Region V 55

67 Nationwide Significant Cases FY 2011 through end of 3 rd Quarter General Industry: 113 Construction: 31 Federal Agency: 6 Total cases: 150 Egregious cases: 11 Region I 13 Region II 14 Region III 13 Region IV 20 Region V 49 Region VI 24 Region VII 9 Region VIII 4 Region IX 1 Region X 3

68 Inspection Type Significant Cases by Inspection Type Nationwide FY 2007 to FY 2011 FY 2007 FY 2008 FY 2009 FY 2010 FY 11 through 7/20 Accident Totals Complaint Referral Follow-Up Unprog. Related Program. Planned Total

69 Region V Significant Cases Inspection Types Complaints 20 Fatality/Accident 10 NEP (Trench, Lead) 12 LEPs (Falls, PITs, PMI, Grain) - 6 Referrals/SVEP 7 SST 2 Follow-up 4 Federal Agency 3

70 Safety and Health Resources Web Page Assistance Compliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA s website. Quick Start currently includes modules for: General Industry Construction Health Care Hispanic Outreach By following the step-by-step guides, you can generate an initial set of compliance assistance materials tailored to your workplace

71 Resources: Wisconsin OSHA Safety Newsletter Construction and General Industry Published 3-4 times each year Focuses on upcoming and hot topics Provides Regional fatality data and most frequently cited issues

72 Web Page E-tools The E-Tool provides a detailed review of the technically complex requirements of a particular standard or issue; inform employers of their obligations to develop the appropriate hazard prevention and control methodologies; and the E-Tool seeks to clarify specific topics that are often questioned or misunderstood by explaining the requirements, referencing OSHA interpretation letters and related industry consensus standards and highlights some best practices. Provides useful ways of empowering workers to understand the steps their employers must implement in order to provide them with a safe and healthful work environment. Electric Power E-tool

73 Green Job Hazards Green jobs are being defined broadly as jobs that help to improve the environment. These jobs also create opportunities to help revitalize the economy and get people back to work. Green jobs do not necessarily mean that they are safe jobs. Workers in the green industries may face hazards that are commonly known in workplaces -- such as falls, confined spaces, electrical, fire, and other similar hazards. These hazards may be new to many workers who are moving into fast- growing green industries. Additionally, workers may be exposed to new hazards which may not have been previously identified. For example, workers in the solar energy industry may be exposed to Cadmium Telluride, a known carcinogen, if adequate controls are not implemented. The Occupational Safety and Health Act (OSH Act) requires employers to comply A key concept for all industries, but especially those that are just beginning to grow, is "Prevention through Design (PtD)" designing the process/equipment in a way that eliminates hazards to the workers who use them. Employers should have a system in place where safety and health professionals work with design engineers in "designing out" hazards throughout the design phase of their products. See NIOSH's efforts on PtD and its blog on green jobs.

74 Emerging Issues Cocooning

75 Emerging Issues Safety Through Design

76 Emerging Issues INTERIOR WALLS Spray foam insulation and isocyanate exposures

77 Patrick Ostrenga Milwaukee, WI

78 OSHA WEB 101

79 Statistics & Data

80

81 What about inspection History Here is where you go to find out what we have found when we went to a site.

82 Note: You may want to check both types open and closed on subsequent searches

83 NOTE TO USERS The Integrated Management Information System (IMIS) was designed as an information resource for in-house use by OSHA staff and management, and by state agencies which carry out federally-approved OSHA programs. Access to this OSHA work product is being afforded via the Internet for the use of members of the public who wish to track OSHA interventions at particular work sites or to perform statistical analyses of OSHA enforcement activity. It is critical that users of the data understand several aspects of the system in order to accurately use the information. The source of the information in the IMIS is the local federal or state office in the geographical area where the activity occurred. Information is entered as events occur in the course of agency activities. Until cases are closed, IMIS entries concerning specific OSHA inspections are subject to continuing correction and updating, particularly with regard to citation items, which are subject to modification by amended citations, settlement agreements, or as a result of contest proceedings. THE USER SHOULD ALSO BE AWARE THAT DIFFERENT COMPANIES MAY HAVE SIMILAR NAMES AND CLOSE ATTENTION TO THE ADDRESS MAY BE NECESSARY TO AVOID MISINTERPRETATION. The Integrated Management Information System (IMIS) is designed and administered as a management tool for OSHA to help it direct its resources. When IMIS is put to new or different uses, the data should be verified by reference to the case file and confirmed by the appropriate federal or state office. Employers or employees who believe a particular IMIS entry to be inaccurate, incomplete or out-of-date are encouraged to contact the OSHA field office or state plan agency which originated the entry.

84 To get quicker data Limit your date range to five years It is faster if you set up more parameters Federal or State Plan Limit it to the State you are interested in Narrow date range Specific company name Note OSHA has a six Month statute of limitations for citations, so we must issue within Six months of the violation.

85 A search finds all

86 What Information does OSHA have regarding past history of an employers injury rates?

87

88

89 Statistics

90 THIS IS BLS website

91 To get specific industry data

92

93 Checking regulations Use the toolbar

94 Regulations

95 To get to Construction Standards Click on the sub toolbar for regulations

96 Let s go to Fall Protection

97 Specific interpretations To get to a specific standard s interpretation(s) click on the highlighted blue

98 Here is the specific standards interpretation

99 To find more interpretations

100 In this case there are 31 interpretations and one federal register citation for

101 What else

102 What Else

103 What does OSHA find in your Industry

104 This will tell you what we found in your industry in the past year

105 This is for all manufacturing. group D

106 Now what do you want to find Ask questions now

107 Patrick Ostrenga Milwaukee, WI