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OSHA Enforcement UpdateOSHA Enforcement UpdateAmerican Society of Safety Engineers American Society of Safety Engineers

Washington, D.C. Washington, D.C. March 24, 2011March 24, 2011

Thomas Galassi, CIHThomas Galassi, CIHDirector of Enforcement ProgramsDirector of Enforcement Programs

USDOL - OSHAUSDOL - OSHA

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OSHA at 40OSHA at 40 Occupational Safety and Health Act of 1970Occupational Safety and Health Act of 1970

– Signed into law by President Richard Nixon on Dec. 29, 1970Signed into law by President Richard Nixon on Dec. 29, 1970

OSHA was established in 1971. OSHA was established in 1971.

Since then, fatality and injury rates have Since then, fatality and injury rates have dropped markedly. dropped markedly. – Fatalities: in 1970, around 14,000 workers were killed on the Fatalities: in 1970, around 14,000 workers were killed on the

job job → → in 2009, fell to approximately 4,340 in 2009, fell to approximately 4,340 – Injury Rates: in 1972, the rate of reported serious workplace Injury Rates: in 1972, the rate of reported serious workplace

injuries and illnesses was 11/100 workers in 1972 injuries and illnesses was 11/100 workers in 1972 →→ in 2009, in 2009, declined to 3.6/100declined to 3.6/100

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OSHA Enforcement Update OSHA Enforcement Update OverviewOverview

National Emphasis ProgramsNational Emphasis Programs Local Emphasis ProgramsLocal Emphasis Programs Severe Violator Enforcement Program Severe Violator Enforcement Program

(SVEP)(SVEP) FY 2011 Egregious CasesFY 2011 Egregious Cases Grain HandlingGrain Handling Occupational NoiseOccupational Noise Green JobsGreen Jobs

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National Emphasis ProgramsNational Emphasis ProgramsFY 2011FY 2011

Hexavalent ChromiumHexavalent Chromium (February 23, 2010) (February 23, 2010)– 187 inspections conducted, 79 of which had violations cited187 inspections conducted, 79 of which had violations cited– Average Violations Cited per Initial Inspection: 3.6Average Violations Cited per Initial Inspection: 3.6

LeadLead (August 14, 2008)(August 14, 2008)– 208 inspections conducted, 91 of which had violations cited208 inspections conducted, 91 of which had violations cited– Average Violations Cited per Initial Inspection: 4.3Average Violations Cited per Initial Inspection: 4.3

Combustible DustCombustible Dust (Reissued March 11, 2008)(Reissued March 11, 2008)– 219 inspections conducted, 93 of which had violations cited219 inspections conducted, 93 of which had violations cited– Average Violations Cited per Initial Inspection: 3.7Average Violations Cited per Initial Inspection: 3.7

Crystalline SilicaCrystalline Silica (January 24, 2008)(January 24, 2008)– 247 inspections conducted, 116 of which had violations cited247 inspections conducted, 116 of which had violations cited– Average Violations Cited per Initial Inspection: 3.8Average Violations Cited per Initial Inspection: 3.8

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National Emphasis ProgramsNational Emphasis ProgramsFY 2011FY 2011

Injury and Illness RecordkeepingInjury and Illness Recordkeeping (February 19, 2010)(February 19, 2010)– 75 inspections conducted, 14 of which had violations cited75 inspections conducted, 14 of which had violations cited– Average Violations Cited per Initial Inspection: 4.1Average Violations Cited per Initial Inspection: 4.1

AmputationsAmputations (October 27, 2006)(October 27, 2006)– 1,425 inspections conducted, 762 of which had violations cited1,425 inspections conducted, 762 of which had violations cited– Average Violations Cited per Initial Inspection: 3.6Average Violations Cited per Initial Inspection: 3.6

TrenchingTrenching (September 9, 1985)(September 9, 1985)– 628 inspections conducted, 337 of which had violations cited628 inspections conducted, 337 of which had violations cited– Average Violations Cited per Initial Inspection: 2.4Average Violations Cited per Initial Inspection: 2.4

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National Emphasis ProgramsNational Emphasis Programs

Chemical FacilitiesChemical Facilities (July 27, 2009) (July 27, 2009) – 151 inspections opened, 66 issued citations, 30 closed without 151 inspections opened, 66 issued citations, 30 closed without

citationscitations– Average 9.0 citations per inspectionAverage 9.0 citations per inspection– Average $25,129 penalties per inspectionAverage $25,129 penalties per inspection

RefineriesRefineries (June 7, 2007) (June 7, 2007)– OSHA has opened 59/62 refinery inspections (refineries (SIC OSHA has opened 59/62 refinery inspections (refineries (SIC

2911) under federal jurisdiction that are not VPP). 2911) under federal jurisdiction that are not VPP). – Average 17 violations per inspection Average 17 violations per inspection – Average $166,000 penalties per inspectionAverage $166,000 penalties per inspection

Refinery/Chemical Facility Inspections are Resource Refinery/Chemical Facility Inspections are Resource IntensiveIntensive– Average REFINERY inspection takes about Average REFINERY inspection takes about 1000 hours 1000 hours – Average CHEM inspection takes 134 hoursAverage CHEM inspection takes 134 hours

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OSHA OSHA National Emphasis Programs National Emphasis Programs

Under DevelopmentUnder Development

Primary MetalsPrimary Metals

PSM Covered Chemical FacilitiesPSM Covered Chemical Facilities

Nursing Homes & Residential Care FacilitiesNursing Homes & Residential Care Facilities– Focus hazards:Focus hazards:

Ergonomic stressors related to resident handlingErgonomic stressors related to resident handling Bloodborne pathogensBloodborne pathogens Tuberculosis exposuresTuberculosis exposures Slips, trips and fallsSlips, trips and falls

IsocyanatesIsocyanates

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OSHA OSHA Local Emphasis ProgramsLocal Emphasis Programs

There are approximately 145 Local Emphasis Programs There are approximately 145 Local Emphasis Programs (LEPs) nationwide. (LEPs) nationwide.

LEPs are developed by regional and area offices to address LEPs are developed by regional and area offices to address specific hazards in their geographic locations.specific hazards in their geographic locations.

– Region IRegion I Stone Slabs and Stone ProductsStone Slabs and Stone Products Tunneling and Underground Construction Tunneling and Underground Construction

– Region IIIRegion III Ship/Boat Building and RepairShip/Boat Building and Repair Ambulance Services IndustryAmbulance Services Industry

– Region VIRegion VI Demolition ActivitiesDemolition Activities Landscape and Horticultural ActivitiesLandscape and Horticultural Activities

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Severe Violator Enforcement Program (SVEP)Severe Violator Enforcement Program (SVEP)OSHA Instruction CPL 02-00-149OSHA Instruction CPL 02-00-149

As of February 28, 2011, DEP has logged:As of February 28, 2011, DEP has logged:

118 SVEP cases 118 SVEP cases – 20 (17%) are fatalities 20 (17%) are fatalities – 79 (67%) are Non-fatality/Catastrophe Criterion Related to a 79 (67%) are Non-fatality/Catastrophe Criterion Related to a

High-Emphasis HazardHigh-Emphasis Hazard– 4 (3%) are Non-fatality/Catastrophe for Hazards Due to the 4 (3%) are Non-fatality/Catastrophe for Hazards Due to the

Potential Release of a Highly Hazardous Chemical (Process Potential Release of a Highly Hazardous Chemical (Process Safety Management)Safety Management)

74 (63%) are in construction74 (63%) are in construction– 7 (9%) of the construction cases are 7 (9%) of the construction cases are fatalities fatalities

Number of SVEP cases that are Egregious cases: 17 (14%)Number of SVEP cases that are Egregious cases: 17 (14%)

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SVEPSVEP In addition, there have been:In addition, there have been:

– 4 Follow-up inspections4 Follow-up inspections– 7 General Industry- Related inspections, 1 of which was also an SVEP 7 General Industry- Related inspections, 1 of which was also an SVEP

The Regional Offices also reported:The Regional Offices also reported:– 11 enhanced settlement agreement 11 enhanced settlement agreement – 16 company headquarters were sent copies of citations and/or notified16 company headquarters were sent copies of citations and/or notified– 0 Section 11(b) cases referred to SOL or filed with the courts0 Section 11(b) cases referred to SOL or filed with the courts

Size of Employers fall into the following groups (size based on # of Size of Employers fall into the following groups (size based on # of employees controlled)employees controlled)– 58 employers had 58 employers had 1-25 employees1-25 employees, , 49% 49% of the SVEPsof the SVEPs– 30 employers had 30 employers had 26-100 employees26-100 employees, , 25%25% of the SVEPs of the SVEPs– 8 employers had 8 employers had 101-250 employees101-250 employees, , 7%7% of the SVEPs of the SVEPs– 22 employers had 22 employers had 251 employees or greater251 employees or greater,,19%19% of the SVEPs of the SVEPs

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Egregious Cases Egregious Cases FY 2011FY 2011

Black Mag (Colebrook, NH)Black Mag (Colebrook, NH)– $1,232,000$1,232,000

Gerardi Sewer & Water (Norridge, IL)Gerardi Sewer & Water (Norridge, IL)– $360,000$360,000

Lead Enterprises, Inc. (Miami, FL)Lead Enterprises, Inc. (Miami, FL)– $307,200$307,200

Haasbach (Mount Carroll, OH)Haasbach (Mount Carroll, OH)– $555,000$555,000

Hillsdale Elevator (Geneseo, OH)Hillsdale Elevator (Geneseo, OH)– $729,000$729,000

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Grain Handling InitiativeGrain Handling Initiative Assistant Secretary Michaels’s Letters to Operators of Assistant Secretary Michaels’s Letters to Operators of

Grain Handling FacilitiesGrain Handling Facilities– August 2010August 2010– February 2011February 2011

Letters to CEOs of 20 major grain handling companiesLetters to CEOs of 20 major grain handling companies– November 2010November 2010

Memorandum to RAs in January 2011 delineates OSHA Memorandum to RAs in January 2011 delineates OSHA strategies for keeping grain handling workers safestrategies for keeping grain handling workers safe

– Workgroup to examine the need for a Special Emphasis ProgramWorkgroup to examine the need for a Special Emphasis Program

– Outreach to industry-related professional associationsOutreach to industry-related professional associations

– Review and update OSHA resources and trainingReview and update OSHA resources and training

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Occupational NoiseOccupational Noise 1971: OSHA Noise Standard1971: OSHA Noise Standard

– Set PEL at 90 dBASet PEL at 90 dBA

1981 (reissued 1983): Hearing Conservation 1981 (reissued 1983): Hearing Conservation AmendmentAmendment

1983: OSHA Compliance Directive1983: OSHA Compliance Directive– Stated that unless noise was above 100 dBA, it would be rare that citations for Stated that unless noise was above 100 dBA, it would be rare that citations for

engineering and administrative controls will be issued engineering and administrative controls will be issued

2010: Federal Register Proposed Interpretation2010: Federal Register Proposed Interpretation– Why propose a change to the 1983 policy?Why propose a change to the 1983 policy?

2011: OSHA withdrew the Proposed Interpretation2011: OSHA withdrew the Proposed Interpretation– Why withdraw the proposal?Why withdraw the proposal?

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Occupational NoiseOccupational Noise Next steps: to better engage and provide Next steps: to better engage and provide

outreach to the business community and public at outreach to the business community and public at large. large.

OSHA remains committed to preventing hearing OSHA remains committed to preventing hearing loss, and in support of this effort, the Agency will:loss, and in support of this effort, the Agency will:

– Review comments Review comments – Hold a stakeholder meetingHold a stakeholder meeting– Consult with NIOSHConsult with NIOSH– Continue compliance assistance/outreach materialsContinue compliance assistance/outreach materials

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Occupational NoiseOccupational NoiseEngineering ControlsEngineering Controls

Eliminating the noisy processEliminating the noisy process Substituting with quieter equipmentSubstituting with quieter equipment Total, partial or personnel enclosuresTotal, partial or personnel enclosures Barriers and partitionsBarriers and partitions Vibration mountingsVibration mountings Damping or absorption materialsDamping or absorption materials Routine maintenance and adjustment of Routine maintenance and adjustment of

machinery and equipmentmachinery and equipment

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Green JobsGreen Jobs““Green jobs are good jobs only when they are safe jobs.”Green jobs are good jobs only when they are safe jobs.”

Green jobs Green jobs → d→ defined broadly as jobs that help efined broadly as jobs that help to improve the environment.to improve the environment.

BLS’s Green Jobs Definition --BLS’s Green Jobs Definition --

A) Jobs in businesses that produce goods and provide A) Jobs in businesses that produce goods and provide services that benefit the environment or conserve natural services that benefit the environment or conserve natural resources. resources.

B) Jobs in which workers’ duties involve making their B) Jobs in which workers’ duties involve making their establishment’s production processes more establishment’s production processes more environmentally friendly or use fewer natural resources. environmentally friendly or use fewer natural resources.

BLS’s Web Site Address: BLS’s Web Site Address: http://www.bls.gov/green/frn_2010_09_21.pdf http://www.bls.gov/green/frn_2010_09_21.pdf

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http://www.osha.gov/dep/ greenjobs/index.html

OSHA’s Green Jobs Webpage OSHA’s Green Jobs Webpage ““Green jobs are good jobs only when they are safe jobs.”Green jobs are good jobs only when they are safe jobs.”

Addresses 8 IndustriesAddresses 8 Industries– Wind EnergyWind Energy– SolarSolar– GeothermalGeothermal– BiofuelsBiofuels– RecyclingRecycling– Green RoofsGreen Roofs– Hydrogen Fuel CellsHydrogen Fuel Cells– Weather Weather

Insulating/SealingInsulating/Sealing

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OSHA’s Green Jobs Webpage OSHA’s Green Jobs Webpage Future ActivitiesFuture Activities

Monitor injury/illness trendsMonitor injury/illness trends

Examine enforcement strategiesExamine enforcement strategies

Increase outreach and training effortsIncrease outreach and training efforts

Collaborate with industry, labor and government Collaborate with industry, labor and government agenciesagencies

Continuously improve the Green Jobs Webpage Continuously improve the Green Jobs Webpage by providing new information and resources to by providing new information and resources to employers and workersemployers and workers

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QUESTIONS?QUESTIONS?

Thomas Galassi, CIHThomas Galassi, CIH

Director of Enforcement ProgramsDirector of Enforcement Programs