OSHA Enforcement Update - MACOSH Washington, DC Summary
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Director of Enforcement Programs
USDOL-OSHA
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Director of the Office of Maritime Enforcement
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SVEP
Novel Cases - 5(a)(1)
Emphasis Programs
Maritime Directives (Current Status)
Maritime Enforcement Projects &
Initiatives
Maritime Enforcement Data
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SVEP is a key strategic tool OSHA uses to address
SVEP is a key strategic tool OSHA uses to address
severe and/or recalcitrant employers
severe and/or recalcitrant employers
Criteria for Inclusion:
Criteria for Inclusion:
–
High Gravity violations
High Gravity violations
–
Willful
Willful
–
Repeat
Repeat
–
Failure to abate
Failure to abate
As of 3/31/2014, 399 SVEP cases had been logged
As of 3/31/2014, 399 SVEP cases had been logged
96 (24%) were related to fatalities
96 (24%) were related to fatalities
273 (68%) were related to High-Emphasis Hazards
273 (68%) were related to High-Emphasis Hazards
245 (61%) were in the construction industry
245 (61%) were in the construction industry
Maritime SVEP
Maritime SVEP
Nine active cases , eight of them involving fatalities
Nine active cases , eight of them involving fatalities
ND, OH, IN, PA, TX (2), CA (2), A. Samoa
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
5
OSHA utilizes the general duty clause for enforcement
OSHA utilizes the general duty clause for enforcement
of cases related to ergonomic hazards
of cases related to ergonomic hazards
Overall (2001 – present) ergonomic inspection data:
Overall (2001 – present) ergonomic inspection data:
Federal OSHA has issued 34 5(a)(1) citations to 28
Federal OSHA has issued 34 5(a)(1) citations to 28
companies, plus 2 Notices of Unsafe or Unhealthful
companies, plus 2 Notices of Unsafe or Unhealthful
Working Conditions (Federal Agency equivalent)
Working Conditions (Federal Agency equivalent)
Approximately 973 EHALs to employers
Approximately 973 EHALs to employers
OSHA averages 240 ergonomics-related inspections
OSHA averages 240 ergonomics-related inspections
per year
per year
Majority of inspections are related to the NEP on
Majority of inspections are related to the NEP on
Nursing Homes & Residential Care Facilities
Nursing Homes & Residential Care Facilities
609 inspections, 86 EHALs, and 9 5(a)(1)
609 inspections, 86 EHALs, and 9 5(a)(1)
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
7
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
Violations of existing OSHA standards
-
PPE and Respiratory Protection
-
Confined Spaces
-
HAZWOPER
Violations of General Duty Clause (Inadequate/no PELs)
Violations of General Duty Clause (Inadequate/no PELs)
-
SDSs can provide evidence for:
•
Existence of a hazard
•
Severity of a hazard
•
Employer/Industry Recognition
•
Feasible means of abatement
Hazardous Exposures to
Hazardous Exposures to
Chemicals – PELs & OELS
Chemicals – PELs & OELS
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
9
FY 2013 National Emphasis Programs
– By Program –
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FY 2013 National Emphasis Programs
– By Program –
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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)
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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
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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
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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)
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Prepared by the Directorate of Enforcement Programs
April 7, 2014
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Maritime Enforcement Data
– Comparison with other Industries
BLS Data
Maritime Enforcement Data
– Comparison with other Industries
BLS Data
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1.
PPE including
Respiratory
Protection
2.
Electrical, Wiring
Methods
3.
Hazard
Communication
4.
Electrical, General
Requirements
5.
Powered Industrial
Trucks
6.
Machine Guarding
7.
Electrical, Wiring
Design &
Protection
8.
Guarding of Edges
9.
Abrasive Wheel
Machinery
10.
General Duty
Clause
Q
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Thomas Galassi, CIH
Directorate of Enforcement Programs
Steve Butler
Director of the Office of Maritime Enforcement
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.
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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.
QUESTIONS? Thomas Galassi, CIH Directorate of Enforcement Programs Steve Butler Director of the Office of Maritime Enforcement
