OSHA Regulatory Update 2016

1. OSHA Regulatory Update 2016 Presented By: Gary A. Jones Assistant Vice President Environmental Health and Safety Affairs Printing Industries of America

2. OSHA Regulatory Activity • Recent Safety Headlines • Inspection Activity • Penalty Increase • Injury and Illness Reporting • Electronic Injury Reporting • Hazard Communication • Global Harmonization rule change implementation • Enhanced enforcement-National Emphasis Program • Focus on printing continues - amputation & combustible dust

3. Recent Safety Headlines • Worker Dies After Machinery Accident at MN Manufacturing Plant • Fatally injured “after coming into contact with a packaging machine.” • 2012 OSHA Violations - two had to do with the control of hazardous energy, another was for a barrier guard. • Man Killed In Accident at VA Packaging Plant • Worker died after “getting caught” in a machine • Worked at company for 25 years - a seasoned machinist

4. Recent Safety Headlines • Massachusetts Printing Plant Worker Airlifted Following Forklift Accident • Flown to a hospital after the forklift he was operating fell about 12 feet off a platform, causing upper body trauma • Worker Hurt at Holland, MI Packaging Company • A 21-year-old woman was hit by a forklift and became pinned between paper products and a bench • Airlifted with “significant injuries to her lower extremities”

5. Recent Safety Headlines • OSHA Cites Ohio Envelope Printing Facility After Three Workers Suffer Amputation Injuries • $88,000 in fines following three incidents during the year in which employees lost all or parts of their fingers • Finger amputated after it was caught in a pinch point of print rollers during cleaning • Partial amputation of left finger while clearing material from a scoring section • Man lost part of his thumb while adjusting rollers during setup

6. OSHA Inspections – Commercial Printing (323)

7. OSHA Inspections – Commercial Printing(323) • FY 2015 (10/1/15-9/30/15) - 133 Inspections

8. Most Frequent OSHA Violations-FY16 Commercial Printing(323)

9. Most Frequent OSHA Violations-FY16 Commercial Printing (323)

10. Penalty Increase • Included in two year budget singed Nov. 2, 2015 • First increase in 25 years • Initial penalty “catch-up adjustment,” which must be in place by August 1, 2016 • Tied to percent difference between October 2015 Consumer Price Index (CPI) and October 1990 CPI • Increase likely to be 75% to 80%, but 150% allowed • Required to implement annual cost-of-living increases • Adjustment tied to the increase in the CPI • Must be made by January 15 each subsequent year.

11. OSHA Penalty Increase

12. Injury and Illness Reporting • New reporting requirements effective Jan 1, 2015 • Must report to OSHA Area Office, 24-hour hotline (1-800-321-6742), or via OSHA website • OSHA plans on publicizing reports

13. Injury Reporting • Amputations Must Be Self-Reported • Any loss of a limb or appendage • Does not require loss of bone for fingertip • Exempt From Self-Reporting • Avulsions , Enucleations, De-gloving, Scalping, Severed Ears, Loss of Tooth, Eyelid Removal, Finger or Toe Nail Removal • Unclear when loss of skin on fingertip is non-reportable avulsion or reportable amputation because bone loss is not required • Rely on HCP’s diagnosis for difference between amputation and avulsion

14. Injury Reporting • OSHA received approximately 200 to 250 reports per week resulting in 10,388 total reports • Average of 30 work-related severe injuries a day • About 35 to 40 percent of reports resulted in the agency launching an inspection • Remainder resulted in a Rapid Response Investigation • OSHA does not want to see a “blame-the-worker” response • “Human error is not a cause of the injury, but a consequence of the system,” Employers need to “think about the system instead,” and how it can be improved.

15. Injury Reporting • Printing Operations (NAICS 323)

16. Recordkeeping Data Submission • May 12, 2016, OSHA finalized Injury and Illness Recordkeeping Electronic Data Submission Rule • Major Provisions • Establishments w/ 250+ workers must annually submit to OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries • Establishments w/ 20+ workers in “High Hazard Industries” must annually submit 300A Annual Summaries • Submitted electronically via a “secure” website • OSHA will publicize employer-specific info

17. Recordkeeping Data Submission • Key Reporting Deadlines

18. Internal Injury Reporting Policies • Employers required to develop and implement injury and illness reporting policy • Reasonable reporting procedures • Employees must not be deterred/discouraged from reporting injuries and illnesses • Employers must inform employees • Procedures for reporting work-related injuries • Have the right to report work injuries/illnesses • That Employers are prohibited from discriminating against employees for reporting work injuries/illnesses

19. Internal Injury Reporting Policies • By November 1, 2016, Employers Must: • Update internal injury reporting policies (if needed) • Inform employees of right to report workplace injuries • Inform employees of protection from discrimination for reporting work-related injuries or illnesses

20. Whistleblower Retaliation • Employers may be cited for implementing reporting policies with a perceived retaliatory effect against employees reporting workplace injuries • Discipline for “late” injury reporting (e.g., before end of shift) • Discipline for violating vague work rule (e.g., “work carefully”), especially only after injuries • Terminating injured employees because they failed to abide by the employer’s safety rules or had too many injuries • Post-incident drug testing after every incident/injury • Certain types of safety incentive programs • Abatement can be required • Reinstatement, back pay, or both

21. Hazard Communication Revisions • Global Harmonized System of Classification and Labeling of Chemicals (GHS) • Started in 1992 and Finalized in 2002 by UN • OSHA started process to adopt GHS in 2006 • Final Rule - March 20, 2012 • Long phase in period • December 1, 2013 training deadline • GHS Elements • Uniform hazard classification system • Mandatory Labels • Mandatory Safety Data Sheets

22. GHS Implementation Deadlines

23. Temporary Worker Initiative • Initiated April 2013 – several high profile incidents • Bacardi Bottling Plant - $192,000 penalty • Both host and temp agency are jointly responsible • Applicable training and recordkeeping • Inspectors directed to • Review temporary worker responsibilities to determine hazard exposures and preventative measures • Assess via records & interviews if temporary workers received training in a language they understood • Training topics are general and site-specific

24. NEP’s Impacting Printing Operations National Emphasis Programs • Combustible Dust (CPL 03-00-008) • Amputations (CPL 03-00-003)

25. Combustible Dust NEP • “Targets workplaces that create or handle combustible dusts…” • Broad assumption that all paper dusts cause fire and explosion hazards • No expiration date indicated • OSHA proposing new rule

26. Combustible Dust NEP • Presses, Bindery Equipment, Balers, Dust Collection Systems • Fugitive Dust • Paper, Packaging, Spray Powder, Building Materials, Dirt with Oils • 1/32 of an inch over 5% of horizontal surfaces • Housekeeping (1910.22) • Electrical (1910.303-306) • General Duty Clause (Section 5(a)(1)) • NFPA 654 standard

27. Combustible Dust NEP • All of the following elements must be present for a combustible dust hazard to exist: To determine what accumulation of dust is sufficient to pose a deflagration hazard, OSHA relies on general guidelines set forth in Annex D of NFPA 654, which states that dust layers of 1/32 inch thick covering 5% of the surface area of the floor area generally are sufficient to reach the MEC of most dusts.

28. National Emphasis Program • OSHA updated amputation NEP on August 13, 2015 • Expanded beyond just commercial printing operation • Corrugated and Solid Fiber Box Manufacturing • Folding Paperboard Box Manufacturing • Other Paperboard Container Manufacturing • Paper Bag and Coated and Treated Paper Manufacturing • Commercial Printing (except Screen and Books) • Commercial Screen Printing • Books Printing • Plastics Bag and Pouch Manufacturing • Plastics Packaging Film and Sheet (including Laminated) Manufacturing

29. Amputation NEP Amputations In Printing Operations Source: Bureau of Labor Statistics

30. Amputation NEP • “Targets workplaces with machinery and equipment that cause (or are capable of causing) amputations and workplaces where amputations have occurred…” • Specifically identifiesprinting operations. • Noexpiration date. • Any inspection can turn into an amputation NEP inspection.

31. National Emphasis Program • OSHA updated amputation NEP on August 13, 2015 • Expanded beyond just commercial printing operation • Corrugated and Solid Fiber Box Manufacturing • Folding Paperboard Box Manufacturing • Other Paperboard Container Manufacturing • Paper Bag and Coated and Treated Paper Manufacturing • Commercial Printing (except Screen and Books) • Commercial Screen Printing • Books Printing • Plastics Bag and Pouch Manufacturing • Plastics Packaging Film and Sheet (including Laminated) Manufacturing

32. Amputation Prevention NEP • Lockout/Tagout standard (1910.147) • Guarding standards • 1910.212 • 1910.217 • 1910.219 • Unsafe practices • Activities during running conditions • Clearing jams without proper safety controls • ANSI standards • B65.1 • B65.2

33. What Is The Worst That Can Happen?

34. Questions and Answers

35. Thank you for listening! Gary A. Jones Assistant Vice President Environmental, Health, & Safety Affairs (412) 259-1794 gjones@printing.org www.printing.org