OSHA UpdateNovember 2, 2018

Melissa Linton

Compliance Assistance Specialist

Columbus OSHA

Overview

• OSHA FY2018 Stats

• OSHA Emphasis Programs

• Mostly Frequently Cited

• New/Updated Standards

• OSHA Regulatory Agenda

• Compliance Assistance Resources

Fiscal Year 2018

Fiscal Year 2017

133 99

Region 5 Fatality StatisticsFatalities Under OSHA’s Jurisdiction

OSHA fiscal year 2018: October 1, 2017 to September 30, 2018

OH, 56

MI, 1

IL, 35

WI, 28

Number of Fatalities Investigated per State for FY2018

OH IN MI IL WI

National Emphasis ProgramsNEPs

• Trenching/Excavations (updated)

• Amputations

• Process Safety Management (PSM)

– Ammonia

– Refineries

– Chemical Manufacturing

• Site-Specific Targeting 2016

NEP Trenching and Excavation

• OSHA Directive CPL 02-00-161, (October 1, 2018)

• NEP will increase education and enforcement efforts

• Compliance Safety and Health Officers (CSHOs) shall initiate inspections under this NEP whenever they observe an open trench or an open excavation, regardless of whether or not a violation is readily observed.

FY-2019 Local Emphasis Programs(LEPs) – Region V

• Falls in Construction and General Industry

• Powered Industrial Vehicles (PIVs) – Dock Safety

• Grain Handling Facilities

• Lead

• Wood Pallet

Manufacturing

• Building Renovation (Gut Rehab)

• Federal Agencies

• Noise (GI)

• Silica (in development)

1. Fall Protection – General Requirements (1926.501)

2. Scaffolding (1926.451)

3. Ladders (1926.1053)

4. Fall Protection – Training (1926.503)

5. Eye and Face Protection (1926.102)

6. General Safety and Health Provisions (1926.20)

7. Head Protection (1926.100)

8. Aerial Lifts (1926.453)

9. Hazard Communication (1910.1200)

10. Fall Protection – Systems Criteria and Practices (1926.502)

LOCAL EMPHASIS PROGRAM BUILDING RENOVATIONREHABILITATION AND DEMOLITION

Fall Protection

• 1926.501(b)(1)-open-sided edge

• 1926.501(b)(13)-residential construction fall protection

Respiratory Protection

• 1910.134(c)(1)- Written respiratory program

• 1910.134(c)(2)(i)- Voluntary respirator use (Appendix D information provided)

• 1910.134 (e)(1)- Medical Evaluations

• 1910.134(f)(1)- Fit-testing

General Safety and Health

• 1926.20(b)(2): – Inspections of job sites, materials, and equipment by competent persons

Hazard Communication

• 1910.1200(e)(1)- Written hazard communication program

• 1910.1200(h)(1)- Employee information and training

Head Protection

• 1926.100(a): Employees must wear protective helmets when working in areas with possible danger of head injury from impact, falling or flying objects, or electrical shocks and burns

Lead

• 1926.62(d)(1)(i)- Initial determination

• 1926.62(d)(1)(iii)- Representative full shift sampling for each job classification

• 1926.62(d)(2)(v)(A)- Respiratory protection required until employee exposure assessment is complete

Demolition

• 1926.850(a)- Engineering survey by competent person

– Condition of framing, floors, walls

– Possibility of unplanned collapse

– Worker exposure to adjacent structures

• Written record of survey conducted

Asbestos

• 1926.1101(f)(1)(i)-Exposure monitoring

• 1926.1101(f)(2)(i)-Competent person conducts exposure assessment prior to or at the start of operations

NEW/UPDATED STANDARDS

Anything currently happening with OSHA Standards?

Respirable Crystalline Silica Rule

1926.1153

Exposure Limits

• PEL = 50 µg/m3 as an 8-hour TWA

• Action Level = 25 µg/m3 as an 8-hour TWA

Respirable Crystalline SilicaOSHA Resources

• New FAQs for the Construction Industry

• New Controlling Silica Dust in Construction – Videos for Table 1 Tasks

• New Video: Protecting Workers from Silica Hazards in the Workplace

• Table 1 Task Fact Sheets for Construction

OSHA Resources (cont’d)

• New Sample Training PowerPoint for Construction

• Interim Enforcement for the Respirable Crystalline Silica in Construction Standard

OSHA Resources: https://www.osha.gov/dsg/topics/silicacrystalline/index.html

• Includes steps towards compliance

• Examples of written exposure control plans, and medical opinion forms.

• Silica Safety and Health Topic Webpage: https://www.osha.gov/dsg/topics/silicacrystalline

Recordkeeping Electronic SubmissionPhase-In Dates

Submission year

Establishments with 250 or more employees in industries covered by

the recordkeeping rule

Establishments with 20-249 employees In select

industries

Submission deadline

2017CY 2016 300A Form CY 2016 300A Form July 1, 2017

2018CY 2017 300A, 300, 301 Forms

CY 2017 300A Form July 1, 2018

2019 and beyond

300A, 300, 301 Forms 300A Form March 2

OSHA proposed to revise this provision of the recordkeeping standard. OSHA is not accepting 301, 300 forms.

Electronic Submittal Reporting Dates

• Beginning in 2019, those establishments required to submit will have to submit the Form 300A information by March 2 of the year after the calendar year covered.

Reports submitted through OSHA’s Injury Tracking Application (ITA). https://www.osha.gov/injuryreporting/

249-20 Establishments NAICS

Entire list of NAICS affected by the electronic submittal can be found at:

NAICS Industry

11 Agriculture, forestry, fishing and hunting

22 Utilities

23 Construction

31-33 Manufacturing

42 Wholesale trade

4413Automotive parts, accessories, and tire stores

4421 Furniture stores

4422 Home furnishings stores

4441 Building material and supplies dealers

4442Lawn and garden equipment and supplies stores

4451 Grocery stores

4452 Specialty food stores

4521 Department stores

4529 Other general merchandise stores

https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html

RecordkeepingCompliance Assistance

• News and updates to the recordkeeping rule: https://www.osha.gov/recordkeeping/index.html

– Recordkeeping Requirements

– Maintaining and Posting Records

– Electronic Submission of Records

– Severe Injury Reporting

Cranes and Derricks –1926 Subpart CC

• OSHA will accept operator certifications issued by type only, or by type and capacity

• Employer’s duty to ensure that operators are competent to operate the equipment safely

• Effective date: Dec. 9, 2018

– The evaluation and documentation requirements will become effective on February 7, 2019.

OSHA Regulatory AgendaFall 2018

OSHA Standards

How are standards developed?

– OSHA can begin standards-setting procedures on its own initiative or in response to petitions

– Regulatory Agenda- OSHA priorities

– Rulemaking process

Preliminary Rulemaking Activities

12-36 months

Developing the Proposed Rule

12-36 months

Publication of the Proposed Rule

2-3 months

Developing & Analyzing the Rulemaking Record

6-24 months

Developing the Final Rule

18-36 months

Publishing the Final Rule

2-3 months

OSH

A R

ule

mak

ing

Pro

cess

Time for a new regulation to go through process

is 4.5 to 11.5 years.

OSHA: Final Rule Stage

• Standards Improvement Project IV

• Respirator Quantitative Fit Test Protocol

• Employee Medical Records

• Crane Operator Qualification in Construction

• Technical Corrections to 16 Standards

• Tracking of Workplace Injuries and Illnesses

• Beryllium in Construction and Shipyards

Final Rule Stage: Tracking of Workplace Injuries and Illnesses

• OSHA issued a proposed rule in July 2018 to revise rule:

OSHA has proposed to remove the requirement to electronically submit information from OSHA Forms 300 and 301 for establishments with 250 or more employees that are required to routinely keep injury/illness records. Under the proposal, these establishments would be required to electronically submit only information from the OSHA Form 300A.

OSHA has also proposed to add the Employer Identification Number to the data collection.

• Final rule expected in June 2019.

OSHA: Pre-Rule Stage• Communication Towers

• Emergency Response and Preparedness

• Mechanical Power Presses

• Powered Industrial Trucks

• Lock-Out/Tag-Out Update

• Tree Care Standard

• Workplace Violence in Health Care and Social Assistance

• Blood Lead Level for Medical Removal

• Crystalline Silica: Table 1 in Construction Standard

Pre-Rule Stage: Blood Lead Level for Medical Removal

• Recent medical findings indicate that, even at levels below the OSHA standard, blood lead levels (BLLs) in adults can result in adverse health effects. OSHA is exploring regulatory options to lower blood leads in affected workers.

• OSHA’s lead standards for general industry and construction are based on lead toxicity information that is over 35 years old. The standards allow for the return of the employee to former job status at a BLL < 40 µg/dL.

• OSHA plans to issue an Advanced Notice of Proposed Rulemaking in March 2019 to help identify possible areas of the lead standards for revision to improve protection of workers in industries and occupations where preventable exposure to lead continues to occur.

Pre-Rule Stage: Silica in Construction• Table 1 in OSHA’s crystalline silica standard

for construction includes dust control methods for certain equipment/tasks. Employers that follow Table 1 are not required to measure workers’ silica exposure and are not subject to the PEL.

• OSHA plans to issue a request for information (RFI) in December 2018 on the effectiveness of control measures not currently included for tasks and tools listed in Table 1. OSHA is also interested in learning more about tasks and tools involving exposure to silica that are not currently listed in Table 1.

COMPLIANCE ASSISTANCE RESOURCES

www.osha.gov

Showing Commitment to Safety

• A good first step to ensuring a safe workplace and sharing your commitment to safety is to develop a safety and health program

• All successful safety and health programs involve three key components:• Management leadership• Worker participation• A systematic approach to finding and fixing hazards

www.osha.gov/safeandsound

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OSHA QuickTakes

Help for Small Businesses: OSHA’s On-site Consultation Program

OSHA On-site Consultation Program provides help to small to medium sized employers.

Services• Hazard identification and correction• Assistance in Safety and Health Program development

Benefits• Service is FREE and confidential• Exemption from OSHA's programmed inspections• Training and technical assistance available

www.osha.gov/dcsp/smallbusiness/consult.htmlor call (800) 282-1425

Ohio OSHA Offices

Toledo Area Office

(419) 259-7542420 Madison

Avenue, Ste 600Toledo, OH

43604

CincinnatiArea Office

(513) 841-413236 Triangle Park

DriveCincinnati, OH

45246

Cleveland Area Office(216) 447-4194Essex Place6393 Oak Tree Blvd., Ste 203Independence, OH 44131-6964

Columbus Area Office(614) 469-5582200 North High Street, Rm 620Columbus, OH 43215

Working Together, We Can Help

www.osha.gov

800-321-OSHA (6742)

Melissa LintonCompliance Assistance Specialist

Columbus OSHAlinton.melissa@dol.gov

614-469-5301 (Direct Line)614-469-5582 (Office)