Safety Trends and Topics Hot topic WEBINAR Safety · PDF fileElectronic recordkeeping...

BLR® EDITORS

Emily ScaceSenior Editor,Safety

Amanda Czepiel, JDSenior Managing Editor,EHS

Ana EllingtonLegal Editor,Safety

APRIL 3-5, 2017 | AUSTIN, TX | SAFETYSUMMIT.BLR.COM

THE NEW ADMINISTRATION

• DOL head, OSHA head not yet selected (possibly not until summer or fall)

• Fewer inspections/enforcement• Fewer regulations• Greater emphasis on OSHA voluntary

compliance assistance programs (VPP and cooperative compliance programs)


UNDERSTANDING PRESIDENT DONALD TRUMP’S REGULATORY BAROMETER

Regulatory change from proposed or final rule is not likely

• States may have as strict or stricter regulations

• Rule may be immaterial to Trump Administration

Regulatory change from proposed or final rule is likely

• Executive Order• Interpretation Letter• Pressure on Congress or Court

system to block• No enforcement

No change Change


ELECTRONIC RECORDKEEPING

Impacted entities: all establishments subject to I&I recordkeeping; establishments with >250 workers; establishments 20 to 249 workers

Pain points:

• Understanding compliant drug-testing and safety incentive programs and submission requirements

Antiretaliation provisionsEnforcement December 1, 2016

Electronic recordkeepingEffective January 1, 2017

Big picture regulatory changes:• OSHA wants more accurate

recording/reporting of workplace I&I• Very hotly contested as over-reaching—

legal challenge deniedPresident-elect regulatory change barometer:

No Change Change


SILICA

Impacted entities: more than 650,000 workplaces—300,000 construction

Pain points:

• Understanding the hazards associated with silica dust

• Labeling and classifying products (hazcom)

• Expensive to comply

Effective June 23, 2016

Compliance dates:• Construction: June 23, 2017• General industry/maritime: June 23, 2018• Fracking: June 23, 2021

Big picture regulatory changes:• Controversial rule updates 45-year old

PEL• Specific exposure control methods

President-elect regulatory change barometer:

No Change Change


WALKING-WORKING SURFACES

Impacted entities: 112 million workers at nearly 7 million worksites

Pain points:

• Ladder training will apply to 5.2 million employees engaged in the construction, installation, maintenance, repair, and moving operations in general industry

• Presents significant challenge

Effective January 17, 2017

Compliance dates:• May 17, 2017—training exposed

workers on fall and equipment hazards• November 20, 2017• November 19, 2018• November 18, 2036

Big picture regulatory changes:• Harmonizes GI with construction• Gives employers flexibility to select fall

protection• Adds fall protection requirements to PPE

standardsPresident-elect regulatory change barometer:

No Change Change


BERYLLIUM

Impacted entities: 62,00 workers at 7,300 worksites

Foundry and smelting operations, fabricating, machining, grinding beryllium metal and alloys, beryllium oxide ceramics manufacturing, and dental lab

Pain points:

• Training specific to beryllium

• Medical surveillance program

• Written exposure control plans

Big picture regulatory changes:• OSHA seeks to update decades-old pels• Gives employers flexibility


No Change Change

Effective March 10, 2017

Compliance dates:March 12, 2018: most provisionsMarch 11, 2019: change rooms and showersMarch 10, 2020: engineering controls


PENALTY INCREASESOSHA penalty amounts increased by 78% in August 2016 and will continue to increase with inflation. Increased maximum penalties as well as higher minimums for repeat/willful violations.

Impacted entities:

• All employers covered by OSHA

Pain points:

• Navigating OSHA inspections

• Avoiding citations/fines, particularly in high-hazard industries


Penalty amounts will likely stay on the books, but new administration can direct OSHA to be more conservative with fines, offer more discounts, etc.

No Change Change


WHISTLEBLOWER ENFORCEMENTOSHA has been increasing its focus on penalizing companies that retaliate against whistleblowers. Created new whistleblower SVEP, settlement guidance, expedited hearing process.

Impacted entities:

• Potentially all companies (applies to more than safety whistleblowing)

Pain points:

• Avoiding whistleblower situations by fostering a transparent culture where employees feel free to report concerns without fear of retaliation


Likely to see whistleblower enforcement activity toned down. Whistleblower SVEP and expedited hearing program are both pilot programs that can easily be abandoned.

No Change Change


GENERAL DUTY CLAUSEUnder Obama, OSHA has been aggressive in its use of the GDC to cite for issues with no specific standard like heat stress, workplace violence, ergonomics, etc.

Impacted entities:

• Any employer covered by OSHA (depending on specific issue)

Pain points:

• Finding and fixing hazards that may not have a standard attached requires a more proactive approach to safety and more attention to culture, human factors, than a strict focus on regulations. Many companies struggle with employee engagement.


New administration will likely be less willing to enforce a broad interpretation of “recognized hazards” and thus less aggressive in its use of the GDC.

State-plan states may take a different approach.

No Change Change


GENERAL ENFORCEMENT TRENDSDuring the Obama administration, OSHA prioritized enforcement and made use of emphasis programs and other innovative strategies to target emerging hazards.

Examples: temporary worker initiative, nep on amputations, new inspection weighting system, RRIS


OSHA may shift emphasis from enforcement to compliance assistance in the new administration.

State plan states may take a different approach and may become primary drivers of enforcement efforts and/or emphasis programs.

No Change Change


DATE/LOCATION:Preconference Workshops:April 3, 2017

Main Conference:April 4-5, 2017

Venue:Sheraton Austin Hotel at the Capitol701 East 11th StreetAustin, TX, 78701

YOU WILL BENEFIT FROM SESSIONS ON:

• OSHA enforcement initiatives & trends for 2017

• Safety culture-strengthening tactics to improve compliance

• Tips to avoid fall fatalities, injuries, and costly citations under the new walking/working surfaces and fall protection rule

• New technologies to improve the effectiveness and accessibility of safety training

• Risk management strategies using job hazard analysis

• Exclusive Q&A with some of the nation's most sought-after safety experts

REGISTER AT SAFETYSUMMIT.BLR.COM OR CALL 800-727-5257. USE CODE “WEBINAR” TO TAKE $50 OFF!

Safety Trends and Topics Hot topic WEBINAR Safety · PDF fileElectronic recordkeeping...

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