Analyzing State-Level Construction Fatality Rates,

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Analyzing State-Level Construction Fatality Rates, 1992-2016 John Mendeloff Professor of Public Affairs University of Pittsburgh jmen@pitt.edu Wayne B. Gray Professor of Economics Clark University wgray@clarku.edu

Acknowledgement Our project relies on CFOI data available only through special arrangement with BLS. We thank Nicole Nestoriak at BLS for her help. We also thank NIOSH for funding the research and CPWR for research support.

Fatality Rates in Construction Vary 3-Fold Across States 1992-2014 Fatality Rate per 100,000 25.00 20.00 15.00 10.00 5.00 0.00 1 WA WI AZ CA MD MN CO OH MA IN VA IL MO PA NC MI NY NJ FL IA KS SC TX LA KY GA TN AL OK WV AR MS

Objectives of this Study Construction fatality rates in the U.S. are higher than other sectors and vary 3-fold among states, although they have declined substantially over time. Our research aims to explore these variations to try to learn about the impacts of public policies on fatality rates in construction. In particular, we examine policy variables OSHA enforcement activity State workers compensation (WC) programs

Why Not Look at Non-fatal Injuries? They May Not Be Accurately Reported SOII survey reports non-fatal work injuries Dependent on employer reports Reporting completeness may vary Fatal and non-fatal rates are negatively correlated CFOI fatality reporting much more complete but provides many fewer cases

Negative Relation Between Fatal and Non-Fatal Rates Suggests Non-Fatal Under-Reporting

OSHA Inspections and Manufacturing Injuries Prior work on OSHA inspections and injury data 10-15% reductions in non-fatal injuries over 2-3 years Stable manufacturing workplaces Name-and-address matching Similar analysis in construction sector impossible Construction firms work at many sites each year Injury rates reported for the whole firm Can t link injuries to the inspected worksite

Outline 1) Describe our data set. 2) Describe initial analyses 3) Discuss federal OSHA vs. State Plans 4) Raise issues for discussion and further study

Our Data Set Census of Fatal Occupational Injuries (CFOI) External CFOI dataset Annual deaths in construction sector Data for 32 states for 1992-2014 = 736 obs Excludes highway accidents, violence Total deaths included=14,000 Internal CFOI microdata Data for all 50 states, 1992-2016 = 1,250 obs More flexible analyses different fatality types Analyze sub-industries, demographic groups

Dependent variable = Fatality Rate Fatality Rate= The number of deaths identified by CFOI among workers employed by firms in the construction industry (excluding highway accidents and violence and self-employed) divided by the number of employees in the industry (rate per 100,000 workers).

Control Variables % Growth in Employment (QCEW) Average Weekly Wage (QCEW) % Employment in General Construction (QCEW) % Employment in Specialty Trades (QCEW) % Firms with less than 20 employees (QCEW) % Unionized (CPS) % Job Tenure < 3 yrs (January CPS) Pct of workers over 50 years old (CPS) Pct of workers who are foreign-born Hispanic (CPS) Pct of workers with at least high-school education (CPS)

OSHA Enforcement Policy Variables OSHA (federal or state) inspections per 100 worksites Average penalty per inspection with any penalty Federal OSHA vs State-Plan states Workers Compensation Waiting Period in days (usually 3 or 7 days) WC Exemptions for small firms (e.g. < 5 workers) WC Premiums (% of payroll) cost (Standardized across industry-occupation groups)

Impact of Control Variables on Fatality Rate (FR) Weekly wage: 20% higher wages = 1.2 lower FR Education: 10% more with HS degree = 2.1 lower FR Employment growth: 10% increase = 1.1 higher FR Industry subsectors (relative to Heavy Construction): 5% more General Construction = 1.1 lower FR 5% more Specialty Trades = 1.9 lower FR Firm size: 5% more small firms = 1.6 higher FR Age: 5% more over 50 = 0.6 higher FR Ethnicity: 10% more Hispanic = 0.9 lower FR

Impact of WC Variables on Fatality Rate (FR) Waiting Period: 3 days rather than 7 days reduces FR by 1.0, about 8% of mean WC exemptions for small firms: having exemption increases FR by 0.9, about 8% of mean Effect increases with size of exemption (exempting <5 has bigger effect than exempting <3). Don t know whether these relationships are due to the specific WC rules or other aspects of state WC policy (or other factors)

Impact of OSHA Variables on Fatality Rate (FR) Inspection Rate: inspecting 9% instead of 6% of worksites reduces FR by 0.4, about 3% of mean Penalty per Inspection: average $1000 higher increases FR by 0.6, about 5% of mean

* = state-plan state

Impact of OSHA Variables on Fatality Rate Federal OSHA vs State-plan states State-plan FRs significantly lower than federal Unclear at this point whether differences between federal and state plan states are due to: Different inspection practices Other practices not captured here Long-standing differences that pre-date OSHA

Generate Expected Fatality Rates Re-run regression with only control variables (eliminating OSHA and WC policy variables) Explains about 40% of variation in fatality rates Similar coefficients to original model Get expected fatality rate for each state Compare actual to expected fatality rates Which states are higher/lower than expected?

Actual Fatality Rate vs. Expected Rate Lower than Expected Similar to Expected Higher than Expected WI -33% WA* -31% MN* -20% NC* -19% VA* -17% CA* -16% MD* -15% SC* -14% LA -13% CO -13% IN* -11% OH -9% AZ* -7% KY* -1% TX 0% KS +1% IA* +1% PA +2% FL +5% WV +5% MO +6% OK +8% MA +10% AL +10% MS +15% TN* +15% GA +16% IL +17% NJ +17% AR +21% MI* +23% NY +28% (Actual FR Expected FR) / Expected FR *=State-plan states

Observations on State Rankings State plan states do better than federal Fatality rates tend to vary with expectations There are some exceptions LA - high fatality rate, lower than expected NY, MI moderate FR, much higher than expected Possibly more high-rise construction or more urban?

Have State Plan Rates Always Been Low? We test for differences in fatality rate trends National Traumatic Occupational Fatalities data Changes from 1983-85 to 1993-95 Compare 18 state plan and 18 federal states

Construction Fatality Rates Declined More in State Plan States from 1983-85 to 1993-95 Federal OSHA States State Plan States 40% 40% 30% 30% Percentage Reduction 20% 10% 0% -10% -20% -30% -40% -50% AL AR CO FL GA IL KS LA MS MO NJ NY OH OK PA TX WV WI 20% 10% 0% -10% -20% -30% -40% -50% AZ CA IN IA KY MD MI MN NV NM NC OR SC TN UT VA WA WY -60% -60% -70% -70%

Preliminary Policy Results OSHA enforcement More frequent inspections link to lower fatality rates Magnitude of effect is small Higher penalties link to higher fatality rates. Workers compensation Shorter WC waiting periods link to lower fatality rates Magnitude of effect is small Exempting small firms links to higher fatality rates Are other WC characteristics important? Reverse causality (more hazards -> higher penalties)?

More Remains to Be Done Differences in background factors (like wages and education) may explain some of the variation in fatality rates. So far, our measures of policy variables explain a small amount of additional variation. There remains a sizable amount still to explain.

Questions and Plans Looking at sub-industries and types of work Examining OSHA fatality inspection data Working with NCCI to identify incentive effects of WC more closely Surveying states about special features of their OSHA and WC programs Understanding fatality rates for self-employed We welcome comments and suggestions. Let us know if you would like to receive updates.

The End

Additional Material

Construction Fatality Rates per 100k Have Declined (32 states, employees only, without highway, violence) 14 Annual Fatality Rates in Our Data Set, US 1992-2014 12 10 Death Rate 8 6 4 2 0 Year