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OSHA Update Candra Jefferson Compliance Assistance Specialist

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1 OSHA Update Candra Jefferson Compliance Assistance Specialist
US DOL – OSHA North Aurora Area Office

2 OSHA’s Mission To assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance Every day in America, 12 people go to work and never come home. And every year, nearly 4 million Americans suffer a serious workplace injury. Tragically, these deaths and injuries are preventable - preventable by basic safety precautions such as providing a safety harness and line to prevent workers from falling off a roof; shoring up a trench to make sure it doesn't collapse; or guarding a machine so a worker doesn't get his hand cut off. Today workers have rights and employers have well-known, legal and moral responsibilities to protect their workers. OSHA's mission is to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.

3 OSHA is a small agency; with our state partners we have approximately 2,305 inspectors
OSHA has 10 regional offices and 90 local area offices. We are responsible for the health and safety of 130 million workers, employed at more than 8 million worksites around the nation — which translates to about one compliance officer for every 59,000 workers. OSHA Coverage

4 OSHA Illinois Jurisdiction
Federal Jurisdiction Private employers/employees Kane County North Aurora Area Office State Jurisdiction (State Plan) Illinois public employers/employees OSHA Illinois Jurisdiction

5 Employer Responsibilities
Provide a safe workplace and comply with OSHA regulations; Post the OSHA poster; Maintain records of injuries; Report fatalities & hospitalizations of 3 or more. Employer Responsibilities

6 Inspection Triggers Imminent Danger Accidents/Fatalities Complaints
Formal Non-formal Referrals Programmed Inspections Emphasis Programs (National & Regional)

7 Current National Emphasis
Lead Silica Primary Metal Industries Combustible Dust Nursing Homes Hexavalent Chromium Isocyanates Amputations SST Process Safety Management Trenching/Excavation NURSING AND RESIDENTIAL CARE FACILITIES - OSHA Instruction CPL National Emphasis Program on Nursing and Residential Care Facilities (Date: 04/05/2012) In hospitals and other healthcare facilities, workers are hurt at rates even higher than in construction and manufacturing, and in some cases at more than double the average for all private industry. Nursing aides, orderlies and attendants have an incidence rate of musculoskeletal injuries more than six times the average for all industries. OSHA is responding by helping hospitals and nursing homes recognize the close link between patient safety and worker safety, since we know that managing for worker safety will protect patients, too. The solutions to prevent the widespread injuries from patient handling are well known and available, and we applaud those employers that have implemented safe patient-handling programs. OSHA has also launched a new National Emphasis Program for Nursing and Residential Care Facilities, to protect workers from the serious safety and health hazards that are common in these workplaces. Through this program, we are working to reduce worker injuries from repeated manually transferring, repositioning or lifting patients, and we are beginning to see some successes. In this way, our emphasis program is helping OSHA send a clear message that employers are responsible for finding and fixing these hazards in their workplaces. Current National Emphasis September 2011

8 Current Local Emphasis
Falls Hazards (from heights and ladders) Building Renovation & Rehabilitation Ohio, Illinois, and most of Wisconsin Tree Trimming Grain Handling Powered Industrial Vehicles (Forklifts) Primary Metal Industries Local Emphasis Programs (LEPs) are enforcement strategies designed and implemented at the regional office and/or area office levels. These programs are intended to address hazards or industries that pose a particular risk to workers in the office's jurisdiction. Other LEP’s in Region V, but not in our jurisdiction CPL (LEP 25) Federal Agencies CPL (LEP 009) Dairy Farm Operations CPL (LEP 011) High Rise Building Construction Inspections in Chicago, Illinois Current Local Emphasis September 2011

9 Potential New/Modified LEPs in FY14
Pallet Manufacturing Toledo Carbon Monoxide in Construction WI & Calumet City Expansion of PIV (Loading Dock Areas) Temp Workers Training & Equipment 1st Day Fatalities

10 Complaints & Referrals
Inspection “Phone & Fax” Complaints & Referrals

11 Section 11(c) - Discrimination
To help ensure that employees are, in fact, free to participation in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner discriminating against any employee because the employee has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection. Section 11(c) - Discrimination

12 Opening Conference “Walkaround” Closing Conference Inspection Process

13 Citations Other-Than-Serious $0 to $7,000 maximum Serious
Willful $70,000 maximum Repeat Failure to Abate $7,000 maximum per day for each violation Citations

14 After the Citation Informal Conference Contest
Informal Settlement Agreement Contest Formal Settlement Agreement Judicial Hearings Administrative Law Judge Occupational Safety and Health Review Commission Etc. After the Citation

15 OSHA’s 2013 Top 10 Frequently Cited Standards

16 Top 10 Most Frequently Cited Violations
6. Powered industrial trucks 7. Ladders (C) 8. Lockout/tagout 9. Electrical: systems design 10. Machine guarding C = Construction standard *As of 10/25/13 1. Fall protection (C) 2. Hazard communication 3. Scaffolding (C) 4. Respiratory protection 5. Electrical wiring The following is a list of the top 10 most frequently cited standards* following inspections of worksites by federal OSHA. OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries and illnesses occur in the workplace. September 2011

17 What to Expect from OSHA 2014
Cooperative Programs

18 Injury and Illness Prevention Programs: Changing Workplace Culture
Flexible, commonsense, proven tool to find and fix hazards before injuries, illnesses, or deaths occur. Six core elements: Management leadership Worker participation Hazard identification and assessment Hazard prevention and control Education and training Program evaluation and improvement A proven, flexible, commonsense tool is available to support a focus on prevention—the injury and illness prevention program. This is a proactive process to help employers find and fix workplace hazards before workers lose their life, get hurt, or become ill. Successful injury and illness prevention programs include the six core elements shown here, which focus on finding hazards in the workplace and developing a plan to prevent and control those hazards. Management leadership and active worker participation are essential to ensuring that hazards are identified and addressed. Finally, workers need to be trained about how the program works, and the employer needs to evaluate the program periodically to determine whether improvements need to be made. The basic idea behind these programs is to change the workplace culture. It involves developing a process to figure out where the hazards are and fix them. Injury and Illness Prevention Programs: Changing Workplace Culture September 2011

19 Fall Prevention Campaign – “Safety Pays – Falls Cost”
FALLS ARE THE LEADING CAUSE OF DEATH IN CONSTRUCTION. Falls can be prevented and lives can be saved through three simple steps: Plan - ahead to get the job done safely Provide - the right equipment Train - everyone to use the equipment safely National Safety Stand-Down With everything we know about how to work safely, it's troubling to see how many workers are still seriously injured every year in the construction trades, and particularly from falls. In 2010, there were 264 fall fatalities (255 falls to lower level) out of 774 total fatalities in construction. These deaths are preventable. In addition to those who died on the job, more than 10,000 construction workers were injured as a result of falling while working from heights. In 2011 in San Antonio, Texas, OSHA cited a small residential construction employer for not using fall protection. The employer, German Terrazas, got the message, purchased fall protection equipment, and signed up for an OSHA safety class. Two weeks later, Mr. Terrazas himself slipped while working on a residential roof – but he didn't fall to the ground and die. The fall restraint equipment that he purchased and used after the OSHA citation kept him on the roof and saved his life. We are getting the message out to America's employers and workers that "safety pays and falls cost.“ A Safety Stand-Down is a voluntary event for employers to talk directly to employees about "Fall Hazards" and to reinforce the importance of "Fall Prevention.“ Construction companies conduct a Safety Stand-Down by stopping work and providing a focused toolbox talk on a safety topic such as ladder safety, fall protection equipment, or scaffolds safety. The meeting provides information to workers about hazards, protective methods, and the company's safety policies, goals and expectations. Managers are encouraged to plan a stand-down that works best for their workplace anytime during the week of June 2-6, 2014. The goal is to have over 25,000 employers and 500,000 workers to hold a Stand-Down and if we meet this goal, we will have touched almost 1 out of 10 construction workers in the country. Fall Prevention Campaign – “Safety Pays – Falls Cost” September 2011

Remember these three simple words: Water, Rest, Shade. Taking these precautions can mean the difference between life and death. Whenever there is high heat, outdoor workers are at increased risk for heat-related illnesses and deaths. In fact, every year thousands of workers experience heat-related illnesses, dozens more are killed by heat, and it happens in every part of the country. For 2010, the Bureau of Labor Statistics reports that 4,190 workers suffered from heat illness and 40 died from heat stroke and related causes on the job. In the summer of 2012 in New Jersey, a 47-year-old sanitation worker started showing signs of illness while he was working. He had begun work at 6:30 in the morning and by 3:30 the temperature was 93 degrees. He collapsed and was rushed to the hospital where his internal body temperature had reached He died of heat stroke. His death was entirely preventable. OSHA's investigation determined that his employers failed to ensure that their workers consumed enough fluids and failed to properly train their employees on how to recognize and respond to the signs of heat stress. We have developed many easy-to-understand educational materials, available in both English and Spanish, built around this message. We urge you to visit our Heat Web site at Heat Campaign September 2011

21 Revised Hazard Communication Standard
Provides easily understandable information on appropriate handling and safe use of hazardous chemicals. Reduces trade barriers and results in productivity improvements for American businesses that regularly handle, store, and use hazardous chemicals. Provides cost savings for American businesses that periodically update safety data sheets and labels for chemicals covered under the hazard communication standard. All employers with hazardous chemicals in the workplace should have conducted new training for workers on the new label elements and safety data sheets by Dec. 1, 2013. In March 2012 OSHA aligned its Hazard Communication Standard with the Globally Harmonized System of Classification and Labeling. We did this to provide a common, understandable approach to classifying chemicals and communicating hazard information on labels and safety data sheets worldwide. In October, OSHA announced two new web resources to assist companies with keeping their workers safe. The first of these new resources is a toolkit to help employers identify safer chemicals that can be used in place of more hazardous ones. This resource will enable employers and workers to reduce or eliminate hazardous chemicals, and to identify safer substitutes for a chemical, material or process. OSHA has created a second web resource - three new Annotated Permissible Exposure Limit or "PELs" tables, which will assist employers to voluntarily adopt newer, more protective workplace exposure limits. In addition to the website, to address the problem of outdated PELS, the agency is currently developing a Request for Information (RFI) seeking input from the public to help identify effective ways to protect workers from occupational exposure to chemicals. Revised Hazard Communication Standard September 2011

22 Vulnerable, Hard-to-Reach Employees
Day Laborers and other vulnerable workers working in high-risk industries Language barriers Literacy Lack of training Employers must comply with requirements to present information about workers' rights, safety and health training materials, information and instructions in a language and level that their workers can understand. Latino workers are killed and injured on the job often at higher rates than other workers. To put this in painful, human perspective: About 12 Latino workers die on the job every week while often doing the hardest, and most dangerous jobs in America. OSHA has partnered with consultants, community and faith-based groups, unions, employers, and other government agencies to reach out to vulnerable workers with information about their rights and to enhance their ability to use these rights. We have translated hundreds of publications into multiple languages and created a Spanish language home page on OSHA's Web site. OSHA has also translated numerous publications into Spanish, Portuguese, Vietnamese, Chinese, Korean, Polish, Russian, Tagalog and Nepali. Assistant Secretary David Michaels has issued a directive to OSHA inspectors to check for this during site visits to be sure that employers are complying. Vulnerable, Hard-to-Reach Employees September 2011

23 Temporary and Contingent Workers
Temporary workers are at a greater risk of injury Lack of adequate training to identify potential hazards Employers are less willing to devote resources to temp workers Given all this – the enormous size of the temporary workforce, reports of temp workers being killed on the job, and the data on increased injury rates – OSHA has launched a concerted initiative, using enforcement, outreach and training, to ensure that temporary workers are protected from workplace hazards. OSHA could hold both the host and temporary employers responsible for conditions that violate safety and health standards – and that can include penalties assigned for lack of adequate training about workplace hazards. Host employers need to treat temporary workers as they treat existing employees. Temporary staffing agencies and host employers share control over the employee, and are therefore jointly responsible for temp employee's safety and health. It is essential that both employers comply with all relevant OSHA requirements. Temporary and Contingent Workers September 2011

24 Hospital and Healthcare Workers
Hospital and healthcare workers are hurt at higher rates than in construction and manufacturing In hospitals and other healthcare facilities, workers are hurt at rates even higher than in construction and manufacturing, and in some cases at more than double the average for all private industry. Nursing aides, orderlies and attendants have an incidence rate of musculoskeletal injuries more than six times the average for all industries. This alarmingly high rate of worker injuries and illnesses is intolerable. OSHA is responding by helping hospitals and nursing homes recognize the close link between patient safety and worker safety, since we know that managing for worker safety will protect patients, too. The solutions to prevent the widespread injuries from patient handling are well known and available, and we applaud those employers that have implemented safe patient-handling programs. Hospital and Healthcare Workers September 2011

25 Resources Web site Area Offices:
Chicago North Area Office: Calumet City Area Office: Aurora Area Office: State Consultation Program: (800) OSHA realizes that the vast majority of employers want to do the right thing and protect their workers from harm on the job - and OSHA is committed to providing them assistance. For those employers who need technical assistance, we provide free on-site consultations to small employers, as well as other compliance assistance, educational materials and training. In FY 2012, OSHA's On-site Consultation Program conducted more than 27,800 free on-site visits to small and medium-sized business worksites covering more than 1.5 million workers nationwide. On-site consultation services are separate from enforcement and do not result in penalties and citations. We want to make sure that no small business in this country fails to protect its workers simply because it can't afford good safety information or can't understand how to comply with safety and health standards. We can all agree that America's economy must succeed - but never at the cost of the safety or health of American workers. Every worker deserves to come home safe at the end of the day. September 2011

26 This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics [or hazards], it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at Disclaimer Language September 2011

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