1. OSHA Update Presentation for the Genesee Valley Chapter of the ASSE January 8, 2013 Gordon J. DeLeys Compliance Assistance Specialist Buffalo Area OSHA Office

2. Hilda Solis Secretary of Labor

3. Dr. David Michaels Assistant Secretary of Labor for OSHA

4. Notables Deborah Berkowitz Chief of Staff Jordan Barab Deputy Assistant Secretary for OSHA Richard Fairfax, CIH Deputy Assistant Secretary for OSHA

5. U.S. Department of Labor-OSHA Buffalo Area Office 130 S. Elmwood Avenue Buffalo, NY 14202-2465 (716) 551-3053 www.osha.gov

6. Art Dube, OHST Area Director

7. Safety Staff Mike Scime, CHST, Assistant Area Director/Safety –Nick Donofrio, Safety Specialist –Mindar Hsieh, CSP, Safety Engineer –Bob Kirchgessner, Safety Engineer –Bob LeCastre, OHST, Safety Specialist –Clara Marin, Safety Engineer –Colin Sargent, CHST, Safety Specialist –Wilson Soto, Safety Specialist –Bob Upton, CSP, Safety Engineer –Mike Willibey, CHST/OHST, Safety Specialist –Mike Willis, Safety Specialist

8. 2013 Out with the old… In with the new… Mike Stratton Retired after 38+ years with OSHA Al Stutz

9. Industrial Hygiene Staff Al Stutz, Assistant Area Director/Health –Mike Forster, CIH, CSP, Industrial Hygienist –Jacki Lamb-Anderson, CHMM, Industrial Hygienist –Dinh Le, Industrial Hygienist –Kim Mielonen, Industrial Hygienist

10. Additional Staff Felicia Dobbins, Secretary Ellen Sidell, Program Analyst Gordon DeLeys, Compliance Assistance Specialist Chris Carlin, 11(c) Investigator

11. Art Dube, Area Director Gordon DeLeys, CAS Buffalo Area Office 130 S. Elmwood Avenue, Suite 500 Buffalo, NY 14202 (716) 551-3053 x244 Kim Castillon, Area Director Albany Area Office 401 New Karner Road, Suite 300 Albany, NY 12205 (518) 464-4338 Kay Gee, Area Director John Frowd, CAS Manhattan Area Office 201 Varick Street, Room 908 New York, NY 10014 (212) 620-3200 Tony Ciuffo, Area Director Long Island Area Office 1400 Old Country Road Suite 208 Westbury, NY 11590 (516) 334-3344 Chris Adams, Area Director Ron Williams, CAS Syracuse Area OSHA Office 3300 Vickery Road N. Syracuse, NY 13212 (315) 451-0808 x3002 Diana Cortez, Area Director Tom McCarthy, CAS Tarrytown Area Office 660 White Plains Road Tarrytown, NY 10591 (914) 524-7510

12. Is Safety and Health a Top Priority Where You Work? Correct Answer: It Shouldn’t Be Question:

13. Priorities in an organization can (and usually do) change Safety and health needs to be a core value of the organization

15. Falls from Elevations by roofers cost approximately $106,000 each Falls from Elevations by Carpenters cost over $97,000 each The average cost of a fall from elevation for all other occupational classifications was under $50,000 Falls from ladders or scaffolds by roofers cost approximately $68,000 each Falls from ladders or scaffolds by carpenters cost nearly $62,000 each Fall Injuries amongst Roofers and Carpenters

16. Accident Costs and Impact on Sales Type Avg. Avg.Total$ Sales Needed Injury Direct$ Indirect$3% 5% -------------------------------------------------------------------------------------- Amputation $21,718 $23,890 $45,608 $1,520,260 $912,156 Burn $ 3,846 $ 6,154 $10,000 $ 333,320 $199,992 Carpal T. $ 8,305 $ 9,966 $18,271 $ 609,033 $365,420 Foreign Body $ 317 $ 1,427 $ 1,744 $ 58,177 $ 34,870 Laceration $ 1,101 $ 4,955 $ 6,056 $ 201,850 $121,110

17. Iceberg Effect

18. Heinrich Pyramid

19. What’s New? Continued strong enforcement Continued cooperative programs Continued outreach

20. BLS Statistics Showing the Leading Causes of Construction Fatalities FATALITIES20052006200720082009 FALLS394433447332283 STRUCK BY13012010610879 ELECTROCUTIONS10712610889 CAUGHT IN/BETWEEN 11196989234

21. 200620072008200920102011 Fatalities 12391204975834774721 Fatalities per 100,000 workers 11.210.89.79.99.88.9 Fatalities and Fatality Rates in Construction Source: BLS CFOI Data

22. Pre-rule Backing Operations

23. Pre-Rule Reinforcing and Post-Tensioned Steel Construction

24. Other Pre-Rule Regulatory Agenda Items Look back of OSHA chemical standards Infectious diseases I2P2 Vertical tandem lifts

25. Directorate of Construction Standards Standards Improvement Process (SIPs) IV Remove or revise duplicative, unnecessary, and inconsistent safety and health standards Without reducing workers' safety and health or imposing any additional economic burden on employers

26. Proposed Rule Regulatory Agenda Activities Crystalline Silica Improved tracking of injuries and illnesses Cranes and derricks in underground construction and demolition Updating OSHA standards based on national consensus standards for PPE (head protection) and acetylene

27. Final Rule Regulatory Agenda Items Cranes and derricks, digger derrick exemption Confined spaces in construction Walking working surfaces and fall protection systems

28. Long-term Actions Occupational exposure to beryllium Occupational exposure to food flavorings containing diacetyl and diacetyl substiutes Combustible dust MSD column on recordkeeping form

29. Construction Directives Under Development Highway work zones Cranes and derricks Personal protective equipment Construction chapter to FOM Excavations/trenching

30. NIOSH/OSHA Nail Gun Guidance Released 9/21/2011 Joint NIOSH/OSHA Publication

31. OSHA Noise Pocket Guide Not a standard Educational Information is directed to workers and small employers Hearing loss guidance –Prevention PPE, etc. –Hearing conservation programs in construction –NIOSH recommendations

32. Crane Guidance Products Cranes and derricks products –FAQs Published –Fact sheets –Letters of interpretation

33. Crane Letters of Interpretation Most interest to Unions, Trade Associations, and Rental Companies Identifying a work zone when working near a power line Apprenticeship programs used to qualify riggers and signal persons Hours of equipment operation versus practical exam for recertification

34. Crane Letters of Interpretation Most interest to Manufactures and Equipment Users Operation of cranes derated by the manufacturer Mast Climbing Scaffold used with hoisting attachments Typical vertical mast forklift used with hoisting attachments

35. Communication Tower Issues Riding the line while constructing the tower Construction vs. Maintenance

36. Front Back Poster Tool Box Stickers Pocket Cards l Construction Fact Sheets Fall Prevention Campaign Update

37. Fall Protection in Residential Construction 545 workers killed from falls during residential construction activities from 2005 to 2009 –129 of these 545 were workers who died from falling off of residential roofs New directive (STD 03-11-002) Requires fall protection above 6 feet Conventional methods of fall protection: Guardrail systems Safety net systems Personal fall arrest systems Fall restraint systems Alternative methods of fall protection –Must comply with appropriate subparts when using these methods: Scaffolds Ladders Aerial lifts

38. Fall Protection in Residential Construction (cont’d.) Employers who do not provide conventional methods of fall protection must: –Demonstrate & document why conventional methods are infeasible or creates a greater hazard –Prepare a fall protection plan by a qualified person –Identify each location where conventional fall protection cannot be used –Discuss the alternative measures taken to protect workers from hall hazards –Implementation of the plan must be supervised by a competent person –If an incident occurs, employer must re-examine fall protection plan

39. Residential Construction New Phase-in Deadline Memo to the Regions on 08/29/2012 Extends phase-in to March 15, 2013 Polices mirror past extensions (attached to the Regional memo) CAS outreach should continue as needed

40. Residential Construction Fall Protection Products Update Questions and Answers (Q&A) (Residential Fall Protection) Fact Sheets Residential Fall Protection Guidance Document (Spanish) Compliance Assistance: Fall Protection in Residential Construction. OSHA [narrated PPT] Residential Fall Protection - OSHA PowerPoint Slide Presentation (Spanish)

41. Residential Construction Fact Sheets Installing Standing Seam Metal Roofs Re-Roofing Roof Sheathing Installing Roof Trusses Installing Tile Roofs Roof Repair

42. Residential Construction Fact Sheets New - Working in attics New - Constructing walls New - Installing floor joist and decking

43. Residential Construction Fall Protection Products Under Development Roofing safe work practices Two Videos from the State of Washington Miscellaneous English to Spanish translations for video and outreach products

44. Construction Fall Protection Products Under Development Fact Sheets Extension Ladders Step/A Frame ladders Job Made Ladders Narrow Frame Scaffolds (Baker/Perry) Tube and Coupler Scaffold Pump Jack Scaffold

45. http :// www.osha.gov/stopfalls/

46. Available Fall Protection Training Education Centers –Course# 3110 Fall Arrest Systems Principles of Fall Protection Fall Protection Components –Limitations –Field Exercise/Hands on –Course #7405 – Fall Hazard Awareness for the Construction Industry Identify, Prevent, or Control Fall Hazards at Construction Site Susan Harwood Grants –Numerous training and developmental grants includes fall protection topics –http://www.osha.gov/dte/sharwood/grant_awards.html OSHA Fall Prevention Webpage –Training Resources for fall protection and prevention (Tab on site) http://www.osha.gov/stopfalls/trainingresources.html

47. 12 New Prevention Videos (v-Tools) for Construction Hazards

48. Favorable Review Commission Decision Elliot Construction Corporation - I nvolving CO exposure to four employees. OSHA appealed after the ALJ changed Willful citations to serious with significant penalty reduction. ALJ’s decision was overturned by the Review Commission who affirmed two of the three violations and proposed Willful citation with adjusted penalty to $112,000.

49. Heat Stress Campaign Prevent heat-related illnesses in outdoor workers Partnered with NOAA on weather service alerts & worker safety precautions when extreme heat alerts are issued Developed a heat smartphone app

50. Heat Illness Campaign Extended for 2013 Compliance assistance and outreach continues Focus on preventing heat illness to outdoor workers. Water, Rest, Shade –Fact Sheet and Posters English/Spanish

51. eLaws – New OSHA Cadmium Biological Monitoring Advisor

52. FAA Proposes Policy to Improve Flight Attendant Workplace Safety

53. 2-½ months of OSHA response activities (47 operational periods) Conducted >1,500 outreach briefings & reached >40,400 workers –>9,130 non-English speaking Conducted >3,000 field interventions impacting >20,875 workers –7,712 of whom were removed from danger 72 enforcement activities; 273 employees removed from hazards via enforcement activities >1,800 hazards addressed

54. Emerging Issues RF Exposure

55. Emerging Issues Isocyanate Exposures - Green Jobs

56. Emerging Issues OSHA’s Distracted Driving Initiative

57. Distracted Driving Campaign More workers are killed each year in motor vehicle crashes than any other cause Distracted Driving publication available Primarily focuses on texting while driving as texting utilizes more of our cognitive senses (mind, hands and eyes) Enforcement component for employers that require texting while driving or organizes work that texting while driving is a practical necessity

58. Emerging Issues Methylene Chloride

59. Globally Harmonized System of Classification and Labeling of Chemicals (GHS) 1992 United Nations mandate adopted at the “Earth Summit” US supported the process and actively participated Results in changes to hazard communication standard Final rule published in the Federal Register on March 26, 2012. Fully effective June 2016.

60. Globally Harmonized System of Classification and Labeling of Chemical - GHS A common, coherent approach to classifying and communicating chemical hazards Proposes: – Harmonized definitions of hazards – Specific criteria for labels – Harmonized format for safety data sheets

61. Why is a common approach needed Countries with systems that address these needs have adopted different requirements for hazard definitions as well as information to be included on a label or material safety data sheet. This impacts both protection and trade.

62. Why is a common approach needed

63. GHS 16 Physical Hazard Classifications 10 Health Hazard Classifications Designation of Categories of Hazard Determines Label Elements Pictogram – Hazard Statement – Signal Word Precautionary Statements 16-Section Safety Data Sheet

64. GHS Physical Hazards Explosives Flammable gases Flammable aerosols Oxidizing gases Gases under pressure Flammable liquids Flammable solids Self-reactive substances and mixtures Pyrophoric liquids Pyrophoric solids Self-heating substances and mixtures Substances and mixtures which, in contact with water, emit flammable gases Oxidizing liquids Oxidizing solids Organic peroxides Corrosive to metals

65. GHS Health Hazards Acute Toxicity Skin corrosion/Irritation Serious eye damage/eye irritation Respiratory or skin sensitization Germ cell mutagenicity Carcinogenicity Reproductive toxicity Specific target organ toxicity – Single exposure Specific target organ toxicity – repeated exposure Aspiration hazard

66. Modifications to Labels Sample Hazard Statements –Fatal if in contact with skin –Extremely flammable aerosol –May cause cancer Two Signal Words –Danger –Warning

67. Label Example Current HCS Minimum requirements Revised HCS Minimum Requirements

69. SDS Format 16 Section Format –Modeled after ANSI Z400.1 Information requirements for the GHS SDS are the same as current OSHA MSDS requirements

70. Format and elements for GHS compliant Safety Data Sheet 1.Identification of the substance or mixture and of the supplier 2.Hazards identification 3.Composition/information on ingredients Substance/Mixture 4.First aid measures 5.Firefighting measures 6.Accidental release measures 7.Handling and storage 8.Exposure controls/personal protection. 9.Physical and chemical properties 10.Stability and reactivity 11.Toxicological 12.Ecological information (non mandatory) 13.Disposal considerations (non mandatory) 14.Transport information (non mandatory) 15.Regulatory information (non mandatory) 16.Other information including information on preparation and revision of the SDS

71. National Emphasis Programs Combustible dust Federal agencies Flavoring chemicals/diacetyl Hazardous machinery (amputations) Hexavalent chromium Lead Primary metals Air traffic control monitoring Petroleum refinery process safety management Process safety management covered chemicals facilities Shipbreaking Silica Trenching & excavation Nursing and residential care facilities

72. Local Emphasis Programs Buffalo Area Office Fall hazards in construction Heavy highway and bridge construction & maintenance Gut rehabilitation & demolition Amputations Health high hazard - Top 50 Federal agencies Warehousing & refuse handlers and haulers Construction worksites- local targeting Landscaping & horticultural services worksites Isocyanates Crystalline silica Lead

73. Enforcement Stats (FY 2012 – BFAO) 671 inspections conducted –532 safety (79%) –139 health (21%) –464 programmed (69%) –207 unprogrammed (31%) 2 accident –380 construction (57%) –291 general industry (43%) 1,610 citations issued –Approximately 83% willful, repeat or serious $3.4M in penalties issued Avg. per serious violation = $2,135

74. Significant Cases issued in FY 2012 Wegmans Food Markets, Inc., Rochester, NY - $153,200 Upstate Niagara Cooperative, Inc., Rochester, NY - $200,300 Sorrento Lactalis, Inc., Buffalo, NY - $241,000 Wal-Mart Supercenter Store #2859, Rochester, NY - $365,500 Aria Contracting Corp., Orchard Park, NY - $56,000 Gray Metal Products, Avon, NY - $90,000

75. Significant Cases FY 2013 Rosina Food Products, West Seneca, NY - $54,750

76. FY 2012 Fatalities Eberts Electric, Inc.  Electrician electrocuted by energized 277V lighting system Linata Design and Manufacturing  Lead person was pinned by 6,000 steel beam

77. FY 2013 Fatalities CTS Construction, Inc., Westfield, NY – Employee struck by vehicle in highway workzone (investigation ongoing)

78. Top Ten Hazards

79. Top 10 Violations in FY 2012 1.Fall protection, construction (1926.501) 2.Hazard communication, general industry (1910.1200) 3.Scaffolding, general requirements, construction (1926.451) 4.Respiratory protection, general industry (1910.134) 5.Control of hazardous energy (lockout/tagout), general industry (1910.147) 6.Powered industrial trucks, general industry (1910.178) 7.Ladders, construction (1926.1053) 8.Electrical, wiring methods, components and equipment, general industry (1910.305) 9.Machines, general requirements, general industry (1910.212) 10.Electrical systems design, general requirements, general industry (1910.303)

80. OSHA OFFICES in NEW YORK Albany Area Office518-464-4338 Buffalo Area Office716-551-3053 Syracuse Area Office315-451-0808 Tarrytown Area Office914-524-7510 Manhattan Area Office212-620-3200 Long Island Area Office 516-334-3344 Queens District Office718-279-9060 Region II Office 212-337-2378

81.  OSHA  www.osha.gov www.osha.gov  1-800-321-osha (hot line)  Consultation Programs  New York: NYS Department of Labor/OSHA  (716)847-7166 (Buffalo), Greg Conrad  (585) 258-4570 (Rochester)  www.labor.state.ny.us/workerprotection/safetyh ealth/DOSH_ONSITE_Consultation.shtm OSHA Resources

82. Contact Information Gordon J. DeLeys Compliance Assistance Specialist Buffalo Area OSHA Office Deleys.Gordon@dol.gov 716-551-3053

83. Questions?