OSHA Federal Standards October 1, 2011 – September 30, 2012.
OSHA Update Issues in 2011 George Yoksas, Area Director Milwaukee OSHA Office April 2011 OSHA at 40.
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Transcript of OSHA Update Issues in 2011 George Yoksas, Area Director Milwaukee OSHA Office April 2011 OSHA at 40.
OSHA Update OSHA Update Issues in 2011Issues in 2011
George Yoksas, Area DirectorMilwaukee OSHA OfficeApril 2011
OSHA at 40
Future Dr. Michael’s VisionDr. Michael’s Vision
Stronger enforcement: Some employers Stronger enforcement: Some employers need incentives to do the right thing.need incentives to do the right thing.
Ensure that workers have a voiceEnsure that workers have a voice Refocus and strengthen our compliance Refocus and strengthen our compliance
assistance programsassistance programs Change workplace culture: Employers Change workplace culture: Employers
must “find and fix” workplace hazardsmust “find and fix” workplace hazards Improve and modernize workplace injury Improve and modernize workplace injury
and illness tracking: Strengthen our focus and illness tracking: Strengthen our focus on accurate recordkeepingon accurate recordkeeping
Strengthen OSHA’s use of scienceStrengthen OSHA’s use of science
Injury and Illness Prevention ProgramInjury and Illness Prevention Program Confined Space in Construction Confined Space in Construction SilicaSilica Global Harmonization - HazCom Global Harmonization - HazCom BerylliumBeryllium PELs PELs (Permissible Exposure Limits)(Permissible Exposure Limits) Infectious DiseasesInfectious Diseases Modernizing Recordkeeping Modernizing Recordkeeping
MSD ColumnMSD Column
Regulatory AgendaRegulatory Agenda Hot Topics
Recent NewsRecent News OSHA Penalty StructureOSHA Penalty Structure Serious Violators Enforcement Serious Violators Enforcement
Program Program New Crane StandardNew Crane Standard Fall Protection in Residential Fall Protection in Residential
ConstructionConstruction
Penalty ChangesPenalty Changes
1.1. Gravity-Based Gravity-Based PenaltyPenalty
2.2. SizeSize3.3. HistoryHistory4.4. Good FaithGood Faith5.5. Increased Increased
Minimum PenaltiesMinimum Penalties6.6. Severe Violator Severe Violator
Enforcement Enforcement ProgramProgram
7.7. Repeat ViolationsRepeat Violations
8.8. Informal Informal Conference Conference ConsiderationConsideration
9.9. Application of Application of penalty penalty adjustment adjustment factorsfactors
Effective 10/1/10
Severe Violator Severe Violator Enforcement Program - Enforcement Program - SVEPSVEP
Replaces the Enhanced Enforcement Replaces the Enhanced Enforcement Program (EEP)Program (EEP)
Modifies guidance for grouping related Modifies guidance for grouping related HG serious violations and permits HG serious violations and permits citing each with its own penaltyciting each with its own penalty
AD may limit adjustment for SVEP AD may limit adjustment for SVEP related violations to achieve the related violations to achieve the appropriate deterrent effectappropriate deterrent effect
Fatality/Catastrophe CriterionFatality/Catastrophe Criterion One or more willful or repeated One or more willful or repeated citations or citations or failure-to-abate notices failure-to-abate notices based on a serious based on a serious violation related to a violation related to a death of an employee or death of an employee or three or more three or more hospitalizationshospitalizations
Non-Fatality/Catastrophe Criterion Non-Fatality/Catastrophe Criterion Related to High-Emphasis Hazards Related to High-Emphasis Hazards
Two or more willful or repeated Two or more willful or repeated violations violations or failure-to-abate notices based or failure-to-abate notices based on high on high gravity serious violations related gravity serious violations related to a High-to a High- Emphasis HazardEmphasis Hazard
SVEP Criteria
SVEP Criteria SVEP Criteria (cont.)(cont.)
Non-Fatality/Catastrophe Criterion for Non-Fatality/Catastrophe Criterion for Hazards Due to the Potential Release of Hazards Due to the Potential Release of a Highly Hazardous Chemical (PSM)a Highly Hazardous Chemical (PSM)
Three or more willful or repeated violations or failure-to-abate notices
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
SVEP Criteria SVEP Criteria (cont.)(cont.)
Egregious CriterionEgregious Criterion
All All egregious egregious (e.g., per-instance (e.g., per-instance citations) citations) enforcement actions including enforcement actions including RecordkeepingRecordkeeping
SVEP High Emphasis Hazards:
Fall HazardsFall Hazards Amputation Amputation
HazardsHazards Combustible Dust Combustible Dust
HazardsHazards Crystalline Silica Crystalline Silica
HazardsHazards Lead HazardsLead Hazards Excavation/Excavation/
Trenching HazardsTrenching Hazards
New Regulationsand Directives
OSHA’s New Crane OSHA’s New Crane Standard HighlightsStandard Highlights
• Ground Conditions• Assembly/Disassembly• Power lines• Operator Certification• Signals/Rigging• Inspections
Fall Protection Requirements Fall Protection Requirements for Residential Construction for Residential Construction
Effective June 16, 2011Effective June 16, 2011• Workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection or alternative fall protection measures allowed under 1926.501(b) for particular types of work.
• If an employer can demonstrate that fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls.
Emphasis ProgramsEmphasis Programs
Target Areas that could
Generate an Inspection
Emphasis Programs in Emphasis Programs in Construction for 2011Construction for 2011
• Falls • Trenches• Silica• Lead• PIV”s* (Powered Industrial Vehicles)
• Forklifts, Skid Steers, Earth Moving Equipment that has been modified to accept forks, such as Front End Loaders
• Building Renovation/Rehab (MKE, APL, MAD)
• Construction TargetingUTenn: Dodge Report
What Could Generate an Inspection?
* Complaint Based or Observed
during an Inspection
Emphasis Programs in Emphasis Programs in General Industry for 2011General Industry for 2011
• Powered Industrial Vehicles (PIVs)• Lead• Silica• Site Specific Targeting (SST)• Combustible Dust• Amputations• Chemical Plants/Process Safety• Flavorings (Diacetyl)• Primary Metals• Recordkeeping• Grain Handling
• Federal Agencies• Air Traffic Control Towers
What Could Generate an Inspection?
New Outreach New Outreach TopicsTopics
HeatHeat FatigueFatigue Distracted DrivingDistracted Driving
Most Frequently Cited Most Frequently Cited Violations in General IndustryViolations in General Industry
1) 1200 (e)(1) Hazard Communication Program2) 212 (a)(1) Machine Area Guarding3) 1200 (h)(1) Hazard Communication Training4) 23 (h)(1) Guarding of Open Sided
Floors/Platforms5) 215 (b)(9) Grinders – Tongue Guards 6) 151 (c) Eyewash7) 147 (c)(4)(i) Lockout Procedures8) 212 (a)(3)(ii) Point of Operation Guarding9) 178 (l)(1)(i) Competency on Operating
Powered Industrial Trucks 10) 147 (c)(1) Lockout Program
National Statistics FY 2010
Most Frequently Cited Most Frequently Cited Violations Violations
in Constructionin Construction 1) 501 (b)(13) Residential Fall Protection 6’ or Higher
2) 1053 (b)(1) Ladder Extension not 3 Feet Above Landing
3) 501 (b)(1) Unprotected Sides and Edges 4) 100 (a) Hard Hats 5) 503 (a)(1) Fall Hazards Training Program 6) 102 (a)(1) Eye and Face Protection 7) 453 (b)(2)(v) No Harness while in an Aerial Lift 8) 451 (g)(1) Scaffold Fall Protection - 10’ and
Higher 9) 451 (e)(1) Scaffold Access – 2’ or more 10) 451 (b)(1) Scaffold Platform – Not Fully PlankedNational Statistics FY 2010
Safety and Health ResourcesSafety and Health Resources
Compliance Assistance Quick StartCompliance Assistance Quick Start is a tool to is a tool to introduce employers and employees, introduce employers and employees, especially those at new or small businesses, to especially those at new or small businesses, to the compliance assistance resources on the compliance assistance resources on OSHA’s website. Quick Start currently includes OSHA’s website. Quick Start currently includes
modules for:modules for: General IndustryGeneral Industry ConstructionConstruction Health CareHealth Care Hispanic OutreachHispanic Outreach By following the step-by-step guides, you can By following the step-by-step guides, you can generate an initial set of compliance generate an initial set of compliance assistance materials tailored to your workplaceassistance materials tailored to your workplace
Web Page Assistance
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
Milwaukee Area OfficeMilwaukee Area Office88thth Annual Safety Day Annual Safety Day
Cooperative Effort BetweenOSHA, ASSE
WCTC, WisCon
• Thirty Educational Sessions taught by OSHA Staff and ASSE Members• Special ½ and Full day Sessions• OSHA 10 Hour Class Finishing
on Safety Day• Vendor Area
Reaching Out 2011
June 9, 2011
Eau Claire715-832-9019
Madison608-441-5388
Milwaukee414-297-3315
Appleton920-734-4521
Wisconsin OSHA Offices
Questions
OSHA at 40OSHA at 40