ASSE/AIHA 2009 – OSHA Enforcement Update Richard E. Fairfax, CIH Director OSHA – Enforcement programs

FY 2009 (Oct-Jan) Federal OSHA Inspection Data Prepared by The Directorate of Enforcement Programs

FY 2005 – FY 2009 Inspections Conducted

FY 2005– FY 2009 % Programmed vs. % Unprogrammed

FY 2005 – FY 2009 Percent Complaint Inspections

FY 2005 – FY 2009 % Inspections In-Compliance

FY 2005 – FY 2009 % NIC Inspections With Only Other-Than- Serious Violations Cited

FY 2005 – FY 2009 Total Violations Issued

FY 2005 – FY 2009\ % Total Violations Issued As Serious

FY 2005 – FY 2009 % Total Violations Issued As Serious, Willful, Repeat, & Unclass

FY 2005 – FY 2009 Percent Inspections With Violations Contested

FY 2009 Top 10 Most Cited Standards (General Industry Only) 1.Hazard Communication 2.Respiratory Protection 3.Lockout/Tagout 4.Electrical, Wiring Methods 5.Powered Industrial Trucks 6.Electrical, Systems Design 7.Machine Guarding 8.Personal Protective Equipment 9.General Duty Clause 10.Guarding Floor & Wall Openings & Holes

FY 2009 Top 10 Most Cited Standards (Construction Only) 1.Scaffolding 2.Fall Protection 3.Ladders 4.Hazard Communication 5.Fall Protection – Training Requirements 6.Arial Lifts 7.Construction (General S&H Provisions) 8.Excavations 9.Head Protection 10.Scaffolds – Training Requirements

Whistleblower Protection Program FY 2008 Directorate of Enforcement Programs Office of the Whistleblower Protection Program

Cases Received

Comparison of Cases Received FY 2007 and FY 2008

Cases Completed

Outcomes of Complaints Completed Withdrawal 29615% Dismissal127663% Issued Merit Findings or Recommended Litigation 28 6%22% Settled by OSHA % Settled Other 93 21% Total %

National Merit Rate

Average Days to Complete Cases, by Region

Field Operational Manual (FOM)  Posted January 9 th, 2009  Cleared by the Union, pending Departmental clearence.  Replaces the FIRM and Old FOM  Incorporates numerous directives and memorandums

Work in Progress  14,000 letters  Site Specific Targeting  Permit required Confined Spaces  PPE Directive to also include PPE Payment

Work in Progress  Process Safety Management Chemical Plant NEP Oil and gas Well Drilling NEP Meer Decision Directive Reactives Directive PSM General Directive

Work in Progress  Rolling Stock Directive  Means of Egress Directive  Enhanced Enforcement Programs

Work in Progress  Occupational Asthma NEP  Diacetyl and Flavorings NEP  Asbestos in Construction Directive  Updating Respiratory Protection Directive  Noise Directive

Work in Progress  Bloodborne pathogens Directive  TB Directive  Metals NEP  Stimulus package related work

Construction  According to preliminary BLS data there were 5,488 total workplace fatalities in  1,178 of the total workplace fatalities were in the construction industry  An average of 3 people die every day on construction sites in America (that is 7 days a week, 365 days a year)  1,178 fatalities in 2007 represent a 5% decrease over 2006.

Construction  The leading causes of construction fatalities Falls – 442 out of 1,178 (38%) Electrocutions – 108 (9%) Struck by Object – 106 (9%) Caught-in/between – 97 (8%)

Construction Standards  Hearing for Cranes and Derricks Proposed Rule (March 17-20, Francis Perkins Building, Auditorium)  Confined Spaces in Construction Proposed Rule; hearing comments are being reviewed

Construction  Crane Safety Initiative is being managed by the Office of Construction Services, in cooperation with the Construction Coordinators of all Regional Offices

Construction  The following guidance documents/QuickCards are being developed and are schedule for review by ACCSH by the end of this FY: Masonry Construction Safety Guidance Document Working Near Skylights During Construction Activities QuickCard Elevator Construction Guidance Document QuickCard Series for Demolition Operations Sanitation for Construction Workers QuickCard QuickCard Series for Construction Electrical Safety Underground Construction Guidance Document

Federal Agencies  The Office of Federal Agency Programs, within the Directorate of Enforcement has the broad task of overseeing OSHA’s work with all the federal agencies.  The office takes a four prong approach in overseeing federal agencies. Specifically the four main components of work in the office are: Program Direction Program Evaluation Enforcement and Compliance Assistance, and Outreach and Training

Federal Agencies  Program Direction refers to a range of work that focuses on the programmatic responsibilities of the FAP office. It includes: Managing the Federal Advisory Council on Occupational Safety and Health—a 16-member group of union and management officials chartered by the Secretary to provide advice on all matters relating to OSH in the federal Executive Branch. Encouraging federal agencies to participate in the Field Federal Safety and Health Councils.  Chartered by the Secretary to promote the advancement of OSH in the federal sector, such as, problem-solving, outreach, training, networking opportunities.  Currently there are approximately 50 councils across the country.

Federal Agencies  Program Direction (cont)  Developing an annual report to the President on the status of federal agencies’ OSH programs.  Administering OSH initiatives, such as the Safety Health and Return-to-Employment initiative which is a government-wide program aimed at improving the key elements of a safety, health, and injury case management program

Federal Agencies  The Program Evaluation component of the office is currently: Working on a project that will allow OSHA to access federal agencies OSHA injury and illness data.  Working with the Bureau of Labor Statistics, we are developing a plan that will allow collection of federal agencies’ injury and illness data on an annual basis. Having this data will offer a more accurate assessment of the agencies and feed into much of the work across the office components.

Federal Agencies  Program Evaluation (cont) o Drafting a new evaluation directive to better review the status of agencies programs. o This new evaluation will take a two step approach—first assessing the national occupational safety and health program in place by an agency and then evaluating individual worksites of agencies. By using concepts provided from 6 sigma and lean sigma, the office intends to assist agencies in developing a more efficient and comprehensive approach to their OSH programs.

Federal Agencies  The Enforcement and Compliance Assistance Developing inspection programs specific for federal agencies. Currently there are two programs—FedTarg which targets worksites with high number of lost time cases.  Currently the program uses workers’ compensation data but in the future it will be able to use the OSHA injury and illness data. The second program is the Air Traffic Control Tower targeted inspections that is assessing egress issues at these towers.

Federal Agencies  Enforcement and Compliance Assistance (cont) o This component also assists agencies in developing alternate or supplemental standards. Given the specialized focus of some federal agencies, it’s not surprising that standards above and beyond the basic OSHA standards are needed and FAP staff work with the agencies to ensure the standards develop ensure the health and safety of federal workers.

Federal Agencies  Outreach and Training Component A week of annual training specifically for federal agencies, which is provided at OSHA’s training institute. Again, one use of the OSHA injury and illness data will be to determine if certain training should be provided based on the types of injuries occurring. Currently the program provides a range of half day courses over a week and allows both collateral duty and full- time OSH staff an opportunity to expand their knowledge in areas important to their work.

Federal Agencies  Outreach and Training (cont) This component is now focusing on developing a new communication strategy to ensure that the office is working efficiently in leveraging their resources with federal agencies and in ensuring agencies know what the office offers. We expect that in the future, OSHA will be able to provide information and assistance through web access to Federal Agencies with staff and locations outside the U.S.

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