BLR EDITORS APRIL 3-5, 2017 AUSTIN, TX SAFETYSUMMIT.BLR.COM. Amanda Czepiel, JD Senior Managing Editor, EHS. Emily Scace Senior Editor, Safety

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2 BLR EDITORS Amanda Czepiel, JD Senior Managing Editor, EHS Ana Ellington Legal Editor, Safety Emily Scace Senior Editor, Safety

3 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)

4 UNDERSTANDING PRESIDENT DONALD TRUMP S REGULATORY BAROMETER No change 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

5 ELECTRONIC RECORDKEEPING Antiretaliation provisions Enforcement December 1, 2016 Impacted entities: all establishments subject to I&I recordkeeping; establishments with >250 workers; establishments 20 to 249 workers Understanding compliant drug-testing and safety incentive programs and submission requirements Electronic recordkeeping Effective 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 denied President-elect regulatory change barometer: No

6 SILICA Effective June 23, 2016 Compliance dates: Construction: June 23, 2017 General industry/maritime: June 23, 2018 Fracking: June 23, 2021 Impacted entities: more than 650,000 workplaces 300,000 construction Understanding the hazards associated with silica dust Labeling and classifying products (hazcom) Expensive to comply Big picture regulatory changes: Controversial rule updates 45-year old PEL Specific exposure control methods President-elect regulatory change barometer: No

7 WALKING-WORKING SURFACES Effective January 17, 2017 Impacted entities: 112 million workers at nearly 7 million worksites 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 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 standards President-elect regulatory change barometer: No

8 BERYLLIUM Effective March 10, 2017 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 Compliance dates: March 12, 2018: most provisions March 11, 2019: change rooms and showers March 10, 2020: engineering controls Big picture regulatory changes: OSHA seeks to update decades-old pels Gives employers flexibility President-elect regulatory change barometer: Training specific to beryllium Medical surveillance program Written exposure control plans No

9 PENALTY INCREASES OSHA 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 President-elect regulatory change barometer: Penalty amounts will likely stay on the books, but new administration can direct OSHA to be more conservative with fines, offer more discounts, etc. Navigating OSHA inspections Avoiding citations/fines, particularly in high-hazard industries No

10 WHISTLEBLOWER ENFORCEMENT OSHA 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) President-elect regulatory change barometer: Likely to see whistleblower enforcement activity toned down. Whistleblower SVEP and expedited hearing program are both pilot programs that can easily be abandoned. Avoiding whistleblower situations by fostering a transparent culture where employees feel free to report concerns without fear of retaliation No

11 GENERAL DUTY CLAUSE Under 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) 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. President-elect regulatory change barometer: 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

12 GENERAL ENFORCEMENT TRENDS During 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 President-elect regulatory change barometer: 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

13 DATE/LOCATION: Preconference Workshops: April 3, 2017 Main Conference: April 4-5, 2017 Venue: Sheraton Austin Hotel at the Capitol 701 East 11th Street Austin, TX, 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 USE CODE WEBINAR TO TAKE $50 OFF!