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ABA – 2012 Enforcement Update

Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational Safety and Health Administration. ABA – 2012 Enforcement Update. Discussion Points. Data Charts Top ten series Complaints SVEP NEPs OSHA Campaigns. FY 2011 End of Year Federal OSHA Inspection Data.

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ABA – 2012 Enforcement Update

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  1. Richard E. Fairfax, CIH Deputy Assistant Secretary Occupational Safety and Health Administration ABA – 2012Enforcement Update

  2. Discussion Points • Data Charts • Top ten series • Complaints • SVEP • NEPs • OSHA Campaigns

  3. FY 2011 End of YearFederal OSHA Inspection Data

  4. FY 2007 – FY 2011Inspections Conducted

  5. FY 2007 – FY 2011% Programmed vs. % Unprogrammed

  6. FY 2007 – FY 2011% Complaint Inspections

  7. FY 2007 – FY 2011% Follow-Up Inspections

  8. FY 2007 – FY 2011% Inspections In-Compliance

  9. FY 2007 – FY 2011Total Violations Issued

  10. FY 2007 – FY 2011% Total Violations Issued As Serious

  11. FY 2007 – FY 2011% Total Violations Issued As Serious, Willful, & Repeat

  12. FY 2007 – FY 2011% NIC Inspections With Only Other-Than-Serious Violations Cited

  13. FY 2007 – FY 2011Average Penalty Per Serious Violation

  14. FY 2007 – FY 2011% Inspections With Violations Contested

  15. FY 2007 – FY 2011% Construction Inspections

  16. FY 2007 – FY 2011Significant Cases

  17. FY 2007 – FY 2011Fatality Investigations

  18. Hazard Communication Lockout/Tagout Electrical, Wiring Methods Powered Industrial Trucks Respiratory Protection Electrical, General Requirements Machine Guarding Personal Protective Equipment Recordkeeping, Forms Mechanical Power Transmission Apparatus FY 2011Top 10 Most Cited Standards(General Industry)

  19. Scaffolding Fall Protection Ladders Fall Protection, Training Requirements Hazard Communication Head Protection General Safety & Health Provisions Aerial Lifts Eye & Face Protection Specific Excavation Requirements FY 2011 Top 10 Most Cited Standards(Construction Industry)

  20. Scaffolding Fall Protection Hazard Communication Lockout/Tagout Electrical, Wiring Methods Ladders Powered Industrial Trucks Machine Guarding Respiratory Protection Electrical, General Requirements FY 2011 – Top 10 Serious Violations

  21. Excavation, Protective Systems Fall Protection Grain Handling Facilities Process Safety Management Asbestos Recordkeeping, General Recording Criteria Lockout/Tagout Safeguards for Personnel Protection Lead Recordkeeping, Recording Criteria FY 2011 – Top 10 Willful Violations

  22. 1910.119 J – Mechanical Integrity 1910.119 D – Process Safety Information 1910.119 F – Operating Procedures 1910.119 E – Process Hazards Analysis 1910.119 L – Management of Change 6. 1910.119 G – Training 7. 1910.119 O – Compliance Audits 8. 1910.119 H – Contractors 9. 1910.119 I – Pre-Startup Review 10. 1910.119 M – Incident Investigation FY 2011 – Top 10 PSM Violations

  23. FY 2011 Complaint Inspection Data • Total complaints received – 24,959 • Total complaint inspections conducted – 8,760 • Percent Serious – 68% • Percent SWR & FTA – 72% • Violations per inspection – 3.7 • Average current penalty per serious violation - $2,001

  24. FY 2011 Top 10 Most Cited Standards for Complaint Inspections • Hazard Communication • Powered Industrial Trucks • Respiratory Protection • Electrical – Wiring Methods • Lockout/Tagout • Electrical – Systems Design • Personal Protective Equipment • Machine Guarding • Recordkeeping – Forms • Bloodborne Pathogens

  25. Amputations NEP – FY 2011 • Top 10 Most cited standards • LOTO • Machine guarding • Electrical wiring methods • Mechanical power transmission • Powered industrial trucks • Electrical – general requirements • Hazard communication • Abrasive wheel machinery • Woodworking machinery requirements • Mechanical power presses

  26. Combustible Dust NEP – FY 2011 • Top 10 standards cited • Hazard communication • Respiratory protection • Housekeeping • Electrical wiring methods • LOTO • Electrical wiring methods • Machine guarding • General duty clause (Section 5(a)(1)) • Powered industrial trucks • General requirements for all machines

  27. SVEP As of January 31, 2012, DEP has logged: • 242 SVEP cases • 50 (21%) SVEP cases are fatalities • 27 (11%) cases are egregious, 4 of which were also fatalities • 168 (69%) cases are Non-fatality/Catastrophe Criterion Related to a High-Emphasis Hazard • 1 case is PSM-related Non-fatality/Catastrophe • 148 (61 %) of the 242 SVEP cases are in construction • 16 (11%) of the 148 SVEP construction cases are fatalities

  28. SVEP • 22 enhanced settlement agreements • 24 company headquarters sent copies of citations and/or notified • 1 Section 11(b) case referred to SOL or filed with the courts • Size of Employers (based on # EEs controlled) • 131 employers had 1-25 employees (54% of the SVEPs) • 52 employers had 26-100 employees (21% of the SVEPs) • 21 employers had 101-250 employees (9% of the SVEPs) • 38 employers had 251 employees or greater (16% of the SVEPs)

  29. OSHA NEPs in Place (12) • Combustible Dust • Recordkeeping • Shipbreaking • Microwave popcorn • Crystalline silica • Amputations

  30. OSHA NEPs in Place (12) • Trenching • Food flavorings – diacetyl • Hexavalent chromium • Primary metals • Lead • Chemical facilities

  31. NEPs Under Development • Nursing Homes • Isocyanates • Note: There are approximately 150 LEPs in place

  32. OSHA Campaigns • Fall Protection • Heat • Public Sector Workers

  33. Questions and Discussion

  34. SOL Update and Comments Mary Anne Garvey Office of the Solicitor Region V U. S. Department of Labor

  35. Other Appropriate Relief • Tampa Enterprises • Affirm Citation and penalties • Based upon failure to comply – other appropriate relief: • Provide monthly report for 2 years of all job sites and dates of work at those sites • Annual training to workers of scaffolding standards – provide training documentation to OSHA

  36. Other Appropriate Relief • Tampa Enterprises • Based upon failure to comply – other appropriate relief: • Engagement of a qualified independent consultant to conduct unannounced safety audits for a period of two years • Implementation of a safety and health management system

  37. Other Appropriate Relief • Republic Engineered Products • Based upon failure to comply – other appropriate relief: • Affirmation of citation and penalty • Hire a S & H Consultant to conduct corporate-wide audits of their safety and health policy, procedures, and practices and then develop an action plan to improve their program

  38. Other Appropriate Relief • Republic Engineered Products • Based upon failure to comply – other appropriate relief: • Company to increase union participation in all aspects of their safety and health program • Develop procedures for greater oversight of employee and manager compliance with company’s safety and health program

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