OSHA Enforcement Update - MACOSH Washington, DC Summary

Slide Note

OSHA's Enforcement Update discussed various initiatives including the Severe Violator Enforcement Program (SVEP), Novel Cases, and enforcement strategies for ergonomics and workplace violence. The presentation highlighted statistics on SVEP cases, novel enforcement cases, ergonomic inspections, and workplace violence investigations across different industries. OSHA's efforts in addressing severe and recalcitrant employers were emphasized, along with plans for further development in enforcing workplace safety regulations.

kdole Follow

Uploaded on Oct 08, 2024 | 0 Views

Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript

OSHA Enforcement Update MACOSH Washington, DC April 16, 2014 Thomas Galassi Director of Enforcement Programs USDOL-OSHA Steve Butler Director of the Office of Maritime Enforcement

AGENDA SVEP Novel Cases - 5(a)(1) Emphasis Programs Maritime Directives (Current Status) Maritime Enforcement Projects & Initiatives Maritime Enforcement Data 2

SVEP SVEP is a key strategic tool OSHA uses to address severe and/or recalcitrant employers Criteria for Inclusion: High Gravity violations Willful Repeat Failure to abate As of 3/31/2014, 399 SVEP cases had been logged 96 (24%) were related to fatalities 273 (68%) were related to High-Emphasis Hazards 245 (61%) were in the construction industry Maritime SVEP Nine active cases , eight of them involving fatalities ND, OH, IN, PA, TX (2), CA (2), A. Samoa

Novel Cases 5(a)(1) Ergonomics Workplace Violence Chemical Exposure PELs & OELs Heat Stress 4

Ergonomic Enforcement OSHA utilizes the general duty clause for enforcement of cases related to ergonomic hazards Overall (2001 present) ergonomic inspection data: Federal OSHA has issued 34 5(a)(1) citations to 28 companies, plus 2 Notices of Unsafe or Unhealthful Working Conditions (Federal Agency equivalent) Approximately 973 EHALs to employers OSHA averages 240 ergonomics-related inspections per year Majority of inspections are related to the NEP on Nursing Homes & Residential Care Facilities 609 inspections, 86 EHALs, and 9 5(a)(1) 5

WPV Enforcement OSHA enforces workplace violence. utilizing the general duty clause, in all industries, with a particular focus on healthcare The agency has also had a number of cases in night retail and prisons In 2013 60 Investigations performed 26 Hazard Alert Letters and 5 5(a)(1)s issued Inspections in industries such as healthcare, night retail, grocery stores, and prisons In 2014 There are 29 ongoing investigations 3 5(a)(1)s have been issued Plans for further development Revise guidance for healthcare and social service workers Update directive on WPV 6

Hazardous Exposures to Chemicals PELs & OELS OSHA enforces hazardous exposure to chemicals, utilizing the Permissible Exposure Levels and in some cases the general duty clause Under the new HCS 2012, SDS are an important source of information Guidance is being added to the HazCom Directive - Adding information on the use of SDSs in documenting: Violations of existing OSHA standards - PPE and Respiratory Protection - Confined Spaces - HAZWOPER Violations of General Duty Clause (Inadequate/no PELs) 7 - SDSs can provide evidence for:

Heat Stress OSHA enforces heat stress, utilizing the general duty clause, in all industries, with a particular focus on outdoor operations like construction, waste collection and lawn care A few heat-related cases have been indoor facilities with a local heat source, including a shipboard fatality in 2013. A total of 266 heat-related inspections conducted in 2012 and 2013 21 - 5(a)(1)s issued (9 of the 21 were issued in 2012) 54 HALs issued 34 fatality inspections reported For CY 2013 108 heat-related total inspections reported 13 heat-related fatalities inspections reported Over 180 non-formal (phone/fax) complaints handled

FY 2013 National/Local Emphasis Programs NEP Totals LEP Totals Data Criteria All EPs Total Inspections 11,920 25,164 37,084 % Programmed 69% 68% 68% % Unprogrammed 31% 32% 32% Inspections With Violations Cited Total Violations % Serious % S,W,R,U Avg Number Violations Cited 7,921 19,696 27,617 27,569 70% 74% 3.3 53,210 77% 82% 2.6 80,779 75% 79% 2.9 Avg Current Penalty Per Serious Violation $2,095 $1,821 $1,915 All Data on Enforcement Programs is from: OIS Inspection Summary Report Dated 1/15/2014 9

FY 2013 National Emphasis Programs By Program Amput ate Data Criteria Chem Trench Silica Lead Dust Total Inspections 236 1,452 697 562 3,273 499 % Programmed 56% 58% 45% 30% 52% 43% % Unprogrammed 44% 42% 55% 70% 48% 57% Inspections With Violations Cited 131 894 467 377 2,444 342 Total Violations 1,158 2,308 1,915 1,691 10,616 1,788 % Serious 81% 75% 65% 69% 75% 72% % S,W,R,U 85% 85% 69% 74% 77% 76% Avg Number Violations Cited 6.3 2.3 3.4 3.8 4 4.7 Avg Current Penalty Per Serious Violation All Data on Enforcement Programs is from: OIS Inspection Summary Report Dated 1/15/2014 $3,904 $2,188 $1,686 $2,002 $2,007 $2,226 10

FY 2013 National Emphasis Programs By Program Isocyan 8 57 P Federal AgencyNurse 157 Ship Brking 35 Data Criteria Chrome Metals 219 Total Inspections 293 399 % Programmed 47% 39% 69% 91% 91% 83% % Unprogrammed 53% 61% 31% 9% 9% 17% Inspections With Violations Cited 26 213 155 99 210 11 Total Violations 64 1,065 790 472 694 34 % Serious 61% 63% 72% 60% 55% 82% % S,W,R,U 61% 66% 76% 72% 56% 82% Avg Number Violations Cited Avg Current Penalty Per Serious Violation 3.7 4 4 3.8 2.8 2.8 $1,514 $2,034 $2,288 $2,143 $2,340 $2,334 All Data on Enforcement Programs is from: OIS Inspection Summary Report Dated 1/15/2014 11

Maritime Directives Current Status CPL 02-01-047, OSHA Maritime Jurisdiction, (February 22, 2010) CPL 02-01-049, 29 CFR Part 1915 Subpart I - PPE w/Payment for Shipyard Employment, (November 4, 2011) CPL 03-00-012, NEP on Shipbreaking, (November 4, 2011) CPL 02-00-150, Field Operations Manual (FOM) Maritime Chapter, (April 22, 2011) CPL 02-01-042, Part 1915 Subpart B Confined Spaces, (May 20, 2011)

Maritime Directives Current Status CPL 02-00-151, Commercial Diving, (June 13, 2011) CPL 02-00-154, Longshoring and Marine Terminals "Tool Shed" Directive, (July 31, 2012) *With VTL & SIP-III rulemakings CPL 02-01-055, Maritime Cargo Gear Standards and 29 CFR 1919 Certification, (September 30, 2013) *With Web-IMIS Maritime Crane Application CPL 02-00-157, Shipyard Employment "Tool Bag" Directive, (April 1, 2014) *With 1915-F General Working Conditions & SIP-III rulemaking

OSHA Maritime Enforcement Projects and Initiatives Since March 2012, OME has assisted OSHA field offices over 50 investigations; 7 significant cases issued Part 1919 Audit Program (Onsite and In-House) Update/Reissue MOA for Shipbreaking Update/Reissue NEP for Shipbreaking Working with USCG to develop a Marine Safety Information Bulletin on Marina Electrical Hazards (FEB 2014 issued MSIB on Commercial Diving) Updating FOM, Chapter 10, Maritime Industry

OSHA Maritime Enforcement Projects and Initiatives Web-IMIS database: Part 1919 Maritime Gear Certification Program Database & electronic OSHA 71/72 forms initiated on January 1, 2009 Currently operating Version 2.5 Comprehensive guidance regarding the Web- IMIS database is in the Maritime Cargo Gear Directive Fully implemented as of January 1, 2014 (i.e., all valid OSHA 71s & 72s are electronic & in database)

Federal OSHA Maritime Enforcement Data Prepared by the Directorate of Enforcement Programs April 7, 2014

Maritime Total Inspections 500 410 388 400 299 301 300 195 200 100 0 FY10 FY11 FY12 FY13 FY14

Maritime Inspection Types % Programmed vs. % Unprogrammed 100% 80% 76% 80% 59% 59% 58% 60% 42% 41% 41% 40% 24% 20% 20% 0% FY10 FY11 FY12 FY13 FY14 % Programmed % Unprogrammed

Maritime Percent Inspections In-Compliance 100% 80% 60% 40% 24% 23% 23% 22% 21% 20% 0% FY10 FY11 FY12 FY13 FY14

Maritime Fatality Investigations 25 19 20 16 15 12 8 10 5 5 0 FY10 FY11 FY12 FY13 FY14

Maritime Total Violations Issued 1,200 1005 1,000 830 777 756 800 600 421 400 200 0 FY10 FY11 FY12 FY13 FY14

Maritime % Violations Issued as Serious 100% 80% 69% 63% 63% 62% 57% 60% 40% 20% 0% FY10 FY11 FY12 FY13 FY14

Maritime Average Penalty Per Serious Violation $3,000 $2,500 $2,239 $2,133 $2,104 $2,035 $2,000 $1,500 $969 $1,000 $500 $0 FY10 FY11 FY12 FY13 FY14

Maritime Enforcement Data Comparison with other Industries Industry Injury and Illness Rates 7 DART Rate 6 5 4 3 2 1 0 200 3 200 4 200 5 200 6 200 7 200 8 200 9 201 0 201 1 201 2 Ship&Boat Building Repairing Marine Cargo Handling General Industry Construction 5.6 6.6 6.3 5.3 4.9 4.5 4.2 4.5 4 4.5 5.4 3.3 3.2 6.1 3 2.8 4.9 2.7 2.5 4.7 2.3 2.3 4.9 2.4 2.1 5.8 2.4 2.1 6.5 2.4 2 3.8 3.6 3.6 3.4 3.5 3.4 BLS Data

Maritime Enforcement Data Comparison with other Industries Industry Fatal Occupational Injuries 1400 Fatalities 1200 1000 800 600 400 200 0 200 3 200 4 200 5 200 6 200 7 200 8 200 9 201 0 201 1 201 2 Ship&Boat Building Repairing Marine Cargo Handling General Industry Construction 6 8 9 14 5 14 9 6 7 11 7 11 463 15 393 9 11 400 15 411 975 8 7 14 327 738 10 314 775 420 1131 1234 1192 1239 1204 456 319 834 329 774 BLS Data

FY 2010 FY 2014 (Oct-Mar) Top 10 Most Frequently Cited Standards in Maritime Industry PPE including Respiratory Protection Electrical, Wiring Methods Hazard Communication Electrical, General Requirements Powered Industrial Trucks Machine Guarding Electrical, Wiring Design & Protection Guarding of Edges Abrasive Wheel Machinery 10. General Duty Clause 1. 6. 7. 2. 8. 3. 9. 4. 5.