1. OSHA Update
John Olaechea OSHA Update Occupational Safety and Health Administration
ASSE
February 9, 2016

2. John Olaechea Compliance Assistance Specialist OSHA Region VIII 1244 Speer Blvd Suite 551 Denver, CO

3. OSHA: 45 years of Progress on Safety and Health

4. Rate of fatal workplace injuries
Per 100,000 workers
data were estimated from BLS Survey of Employers
data were gathered from BLS Census of Fatal Injuries
In 2006, BLS switched from employment-based calculations to hourly calculations

5. Most frequently cited OSHA regulations during FY 2015 inspections
1. Fall Protection
2. Hazard Communication
3. Scaffolding
4. Respiratory Protection
5. Lockout/Tagout
6. Powered Industrial Trucks
7. Ladders
8. Electrical – Wiring Methods
9. Machine Guarding
10. Electrical – General Requirements
Top Ten
Violations
Most frequently cited OSHA regulations during FY inspections

6. Colorado Year in Review
24 Fatalities
1397 Inspections
81% Safety and 19% Health
60% Construction
34% in compliance
61% unprogrammed (complaint, etc)
~ 66% inspections with violations
~ 82% violations - serious

7. Colorado Year in Review
2,274 Violations Issued
$5,050,805 in proposed penalties
$2,451 average initial penalty for serious violation
33% reduction in penalty
5.3% contested

8. OSHA’s Continuing Mission
Every year more than 4,000 Americans die from workplace injuries.
Perhaps as many as 50,000 workers die from illnesses in which workplace exposures were a contributing factor.
Millions of workers suffer a serious nonfatal injury or illness annually.

9. Workplace injuries and fatalities cost our economy $198
Workplace injuries and fatalities cost our economy $198.2 billion a year.
— National Safety Council
“Injury Facts” 2014

10. Who bears the cost of worker injuries?
Many people still suffer under the illusion that when a worker gets hurt, workers compensation then makes them whole – covering their medical expenses and any lost income. But in reality, changes in state-based workers' compensation insurance programs have made it increasingly difficult for injured workers to receive the full benefits to which they are entitled.
Workers’ comp only covers 20%; workers and families shoulder most of burden (more than 60%) and subsidize employers failing to make workplaces safe
Prevention is the answer; employers must pay their fair share to incentivize

11. Will Compliance with OSHA Regulations Make My Workplace Safe?
Safer, but not Safe!
Some fatalities and serious injuries will not be prevented by simply complying with OSHA regulations

12. WHY?
OSHA regulations don’t cover all hazards (In some cases, not even the big ones)
Many OSHA standards are out of-date
Regulations can’t address every situation

13. Safety & Health Program Management Systems
Six Core Elements
Management leadership
Worker participation
Hazard identification and assessment
Hazard prevention and control
Education and training
Program evaluation and improvement

14. SHMS Program Guidelines
Updating 1989 Safety and Health Program Management Guidelines
Building on lessons learned about successful approaches and best practices under OSHA programs such as VPP and SHARP.
Will be supported by a series of tools to help employers implement:
an employee reporting tool
a benchmarking tool
a model program tool
a hazard identification checklist
a model incident investigation tool
an audit tool
Expected publication in Fall of 2015.
OSHA is updating its 1989 Safety and Health Program Management Guidelines, building on lessons learned about successful approaches and best practices under OSHA programs such as the Voluntary Protection Programs (VPP) and the Safety and Health Achievement Recognition Program (SHARP).
The primary audience for the guidelines is small business and workers who need a straightforward, proactive way to find and fix workplace hazards.
The guidelines will be supported by a series of tools to help employers implement the guidelines such as:
an employee reporting tool
a benchmarking tool
a model program tool
a hazard identification checklist
a model incident investigation tool
an audit tool
OSHA expects the updated Guidelines and tools to be published on its website in the Fall of 2015.

15. Safety and Health Program Management Guidelines

16. New inspection weighting system
Some inspections are more complex than others
Weighting helps OSHA focus on inspections that can have the biggest impact on workers’ lives

17. New inspection weighting system
Federal Agency Inspections - 2 EUs
Process Safety Management Inspections - 7 EUs
Combustible Dust Inspections - 2 EUs
Ergonomic Hazard Inspections - 5 EUs
Heat  Hazard Inspections - 4 EUs
Non-PEL Exposure Hazard Inspections - 3 EUs
Workplace Violence Hazard Inspections - 3 EUs
Fatality / Catastrophe Inspections - 3 EUs
Personal Sampling Inspections - 2 EUs
Significant Cases - 8 EUs
Non-formal Complaint Investigations - 1/9 EU
Rapid Response Investigations - 1/9EU

18. Weighting

20. Report a fatality or severe injury
All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.
A fatality must be reported within 8 hours.
An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

21. How can employers report to OSHA?
During business hours, call the nearest OSHA office
Or call the OSHA 24-hour hotline (OSHA)
Be prepared to supply: Name of the establishment, location and time of the incident, names of employees affected, brief description of incident, and a contact person and phone number
(An online option is under development)

22. Updates to OSHA’s Recordkeeping Rule
Changes to who keeps records
Industries classified by NAICS rather than SIC
Updates the list of industries exempt from the requirement to routinely keep OSHA injury and illness records due to relatively low occupational injury and illness rates
Firms with 10 or fewer employees in the previous year are still exempt from keeping OSHA records
Goes into effect 1/1/15 (in federal states)

23. OSHA Compliance Assistance
21 million visitors to OSHA’s website in FY 2015
251,000 responses to OSHA calls for help
21,000 Spanish-speaking callers helped
16,000 requests for assistance answered
5,000 outreach activities by Regional & Area Offices
27,800 small businesses helped through Consultation

24. OSHA Compliance Assistance

25. OSHA Compliance Assistance
Regional Compliance Assistance Newsletter
Send request to to subscribe

26. Confined Spaces In Construction
In effect 8/3/15
Previous standard was inadequate, only major requirement was training
New standard is similar to 29 CFR (General Industry)
Temporary enforcement policy for residential construction until 3/8/16

27. Confined Spaces In Construction
Major differences between 1910 v 1926:
Detailed provisions for multi-employer worksite
Work site evaluation by a Competent Person
Continuous atmospheric monitoring whenever possible
Continuous monitoring of engulfment hazards
Allows for suspension of permit based on changing entry conditions

28. Personal Safety vs. PSM
A superior personal safety record does not necessarily mean a facility’s process safety performance is acceptable.
OSHA often encounters facilities with superior personal safety records that have had a major process safety incident.

29. Personal Safety vs. PSM
PROCESS SAFETY incidents are low probability/ high consequence events.
Conversely, PERSONAL SAFETY incidents tend to arise from higher probability/ lower consequence events.
Process safety requires a strong MANGEMENT SYSTEMS approach to identify and control hazards.
PERSONAL SAFETY
PROBABILITY
PROCESS SAFETY
CONSEQUENCE

30. ChemNEP Update for FY2016 Release scheduled for April
Updated to include refineries
Refinery inspections distributed based on total number per region
Five targeting categories
Ammonia refrigeration – 25 percent
Ag ammonia – 10 percent
Refineries – based on total per region
Chemical facilities (NAICS 325) – 40 percent
Other – 25 percent

31. New PSM RA Memos
Appendix A Concentrations
Retail Exemption
RAGAGEP

32. Listed PSM Chemicals Appendix A Concentrations
Aligns OSHA method for calculating threshold quantities for PSM coverage with EPA RMP approach
“Counts molecules” – includes mixtures
1% di minimus concentration
<10 mm Hg partial pressure not covered
No formal enforcement delay
ACC and NACD filed lawsuit