The Politics of OSHA. A Look Back..and Ahead. Doug Fletcher, CIH, CSP

Transcription

1 The Politics of OSHA A Look Back..and Ahead Doug Fletcher, CIH, CSP

2 Agenda In the Beginning.. The Golden Years? The Pendulum Swings.. Three Kinds of Lies.. Lies, Damn Lies, Statistics What s In Store.. Things I ve Learned

3 In the Beginning.. Williams Steiger Occupational Safety and Health Act (OSH Act) signed into law on December 29, 1970 by President Richard M. Nixon. Interstate commerce ~15,000 fatalities each year Became effective April 28, 1971 and OSHA, OSHRC, and NIOSH were born! The first five industries targeted by OSHA: marine cargo handling, roofing and sheet metal work, meat and meat products, transportation equipment and lumber & wood products. First standard promulgated by OSHA = asbestos fibers PEL.

4 And so it begins 1996 Clinton Administration, Charles Jeffress, A.S. Deputy Labor Secretary of North Carolina Compliance Safety and Health Officer - CSHO Rulemaking Fall protection in construction Confined spaces Tuberculosis Ergonomics Cadmium, lead in construction, methylene chloride Rate-based inspection targeting (SST)

5 Confessions of a new compliance officer

6 The Golden Years? Bush Administration, John Henshaw, A.S. (3.5 yrs) 231 long-term alliances 214 active partnerships 1,153 new VPP sites Compliance Assistance Specialist (CAS) Fewest standards proposed in the history of OSHA Killed the proposed TB standard Killed the promulgated ergonomics standard Voluntary Compliance approach to regulating.. Partnerships, alliances, 25% growth per year in VPP..

7 The Pendulum Swings Obama Administration, Dr. David Michaels, A.S. (7.5 yrs) CAS? a visit from the Chief of Staff Sequestration $$$$$ Back to enforcement Unprecedented Rulemaking Record number of significant and egregious cases Number of VPP sites decreases?

8 OSHA Today OSHA issues record-breaking fines to BP OSHA takes action to protect America's workers severe violator program; and increased penalties appropriate deterrent effect Press release threshold decreased from $100,000 - $40,000

9 SVEP (formerly known as Enhanced Enforcement ) SVEP Eligibility Criteria: o SVEP-Fatality: Fatality/catastrophe + 1 or more willful/ repeat/ failure-to-abate violation (WRFTA) o SVEP-HEH: 2 high-gravity WRFTA related to a High-Emphasis Hazard o SVEP-PSM: 3 high-gravity WRFTA related to PSM standard o SVEP-Egregious: any egregious case

10 Average Current Penalty Per Serious Violation $2,500 $2,133 $2,153 $2,008 $2,000 $1,500 $1,000 $918 $998 $970 $1,053 $500 $0 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY 14 was at ~ $2,

11 Statistics

12 FY 2007 FY 2013 Inspections Conducted 50,000 40,000 39,324 38,667 39,004 40,993 40,648 40,961 37,917 30,000 20,000 10,000 0 FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

13 % Programmed vs. % Unprogrammed 100% 80% 60% 40% 59% 60% 41% 40% 62% 60% 58% 38% 40% 42% 56% 57% 43% 44% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

14 % Complaint Inspections 100% 80% 60% 40% 20% 18% 17% 17% 20% 21% 23% 24% 0% FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

15 % Inspections In-Compliance 100% 80% 60% 40% 26% 23% 25% 23% 24% 24% 25% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

16 % Inspections With Violations Contested 100% 80% 60% 40% 20% 0% 7% 7% 7% 8% 9% 7% 6% FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

17 % Construction Inspections 100% 80% 60% 59% 60% 61% 60% 56% 55% 52% 40% 20% 0% FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

18 Fatality Investigations 1,250 1, , FY07 FY08 FY09 FY10 FY11 FY12 FY13 Data Source: OIS Insp. Summary Rpt. Dated 9/17/13

19 Top 10 Most Cited Standards 1. Fall Protection 2. Hazard Communication 3. Scaffolding 4. Respiratory Protection 5. Electrical, Wiring Methods 6. Powered Industrial Trucks 7. Ladders 8. Lockout/Tagout 9. Electrical, General Requirements 10. Machine Guarding Data Source: OIS Frequently Cited Stnds. Rpt. Dated 9/17/13

20 What s in Store? ! ?

21 Standards in Pre-Rule Stage Combustible Dust Infectious Diseases Injury and Illness Prevention Program - I2P2 Reinforced Concrete in Construction and Preventing Backover Injuries and Fatalities Review/Lookback of OSHA Chemical Standards

22 Proposed Rules Occupational Exposure to Crystalline Silica Occupational Exposure to Beryllium Recordkeeping

23 Final Rules Confined Spaces in Construction Electric Power Transmission and Distribution; Electrical Protective Equipment Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

24 NEPs Nursing and Residential Care Facilities (April 5, 2012) Chemical Facilities (November 29, 2011) Primary Metals (June 2, 2011) Shipbreaking (November 4, 2010) Hexavalent Chromium (February 23, 2010) Food Flavorings Diacetyl (October 30, 2009)

25 NEPs Lead (August 14, 2008) Combustible Dust (Reissued March 11, 2008) Crystalline Silica (January 24, 2008) Amputations (October 27, 2006) Trenching (September 9, 1985) Isocyanates (June 20, 2013)

26 Local Emphasis Programs (LEP s) Workers Compensation High Hazard Workplaces PITs and Other Material or Personnel Handling Equipment in Construction and G.I. Grain Handling Falls, OHPL, Scaffolds EPA Monitored Chemical Releases Noise & Respirators

27 Proposed Revisions to Recordkeeping Standard Electronic submission of injury & illness information >= 250 ee s will submit quarterly >=20 ee s will submit annually, or if OSHA requires submission Report 1 or more hospitaliztions Report all amputations

28 Other Worker Protection Efforts Temporary Workers Initiative Workplace Violence Falls Heat Stress Whistleblower Protection

29 In the News.. OSHA issues citation for exceeding TLV in presence of PEL.

30 Things I ve Learned 1. People equate low injury rates to being in compliance. - Manage safety program for three vulnerabilities: a. Recordable injuries & illnesses b. Catastrophic incidents c. Compliance with OSHA regulations * Weak correlation between rates and violations

31 Things I ve Learned SHMS Work! Ever get a speeding ticket? How long did you obey the speed limit after that intervention? Citations from OSHA? 3 4 years compliance #1 Tool = SHMS

32 Things to Come? SHMS Dr. Michael s legacy standard 3 rd Party auditing Region 7 is piloting system that would reward use of qualified, 3 rd party auditing.

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