OSHA Safety and Health Update January 2011

1. OSHA Safety and Health Update January 2011 Richard T Gilgrist, CIH Area Director, Cincinnati Area Office Occupational Safety and Health Administration

3. "Life Before OSHA"� 14,000 workplace fatalities No right to know the hazards of chemicals you worked with. No requirement to provide personal protective equipment. No protection for working on machines and having it start up. No protection in Confined Spaces. No protection in Trenches. Today - OSHA enforces standards to ensure employers develop a specific control to prevent soil from caving in on workers.� All employees are required to be trained on the physical and health hazards of chemicals in their work area. Employees working on or near live electrical over 50 volts are required to be trained, wear appropriate personal protective equipment and use suitable tools.� Employees exposed to contact with blood are to be offered the hepatitis B vaccine, training and suitable devices to prevent contact with contaminated sharps. Employees that enter permit required confined spaces have the right to observe the monitoring of the space and the OSHA standard requires that suitable rescue procedures be developed and evaluated. Today - OSHA enforces standards to ensure employers develop a specific control to prevent soil from caving in on workers.� All employees are required to be trained on the physical and health hazards of chemicals in their work area. Employees working on or near live electrical over 50 volts are required to be trained, wear appropriate personal protective equipment and use suitable tools.� Employees exposed to contact with blood are to be offered the hepatitis B vaccine, training and suitable devices to prevent contact with contaminated sharps. Employees that enter permit required confined spaces have the right to observe the monitoring of the space and the OSHA standard requires that suitable rescue procedures be developed and evaluated.

4. OSHA at 40 Recent workplace tragedies: Upper Big Branch Mine Disaster 29 Coal Miners killed Oil rig explosion south of Louisiana 11 workers killed Anacortes Refinery fire in Washington State 7 workers killed February Kleen Energy 6 workers killed �Youths Die After Being Trapped in Grain Bin� - 7/28/10, Mt. Carroll, IL Two teenagers, ages 14 & 19, engulfed in corn, die

5. OSHA at 40 These were the headlines that we were reading But � we also know that 14 workers lose their lives in preventable accidents everyday Close to 100 deaths every week Our Mission, simply put is to protect workers from death, injury, and illness

6. Rate of Fatal Work InjuriesContinues to Drop, 1992 � 2009p Sources http://www.bls.gov/iif/oshwc/cfoi/cfch0008.pdf http://www.bls.gov/news.release/cfoi.nr0.htm Sources http://www.bls.gov/iif/oshwc/cfoi/cfch0008.pdf http://www.bls.gov/news.release/cfoi.nr0.htm

7. 1970�s  OSHA Act Signed NIOSH OSHA Training Institute Standards adopted State Plans approved Free Consultation Cotton Dust Lead Standard December 29, 1970President Richard M. Nixon signed the Occupational Safety and Health Act of 1970.May 29, 1971First standards adopted to provide baseline for safety and health protection in American workplaces.November-December, 1972First states approved (South Carolina, Montana, Oregon) to run their own OSHA programs.May 20, 1975Free consultation program created June 23, 1978Cotton dust standard promulgated to protect 600,000 workers from byssinosis; cases of "brown lung" have declined to 0.1 cases per 10,000 workers.January 20, 1978Supreme Court decision setting staffing benchmarks for state plans to be "at least as effective" as federal OSHA.November 14, 1978Lead standard published to reduce permissible exposures by three-quarters to protect 835,000 workers from damage to nervous, urinary and reproductive systems. (Construction standard adopted in 1995.) I think the keopone incident was interesting.� It made us inspect all complaints, signed or not. http://www.gao.gov/new.items/d04658.pdf How OSHA responds to complaints has changed over time. In the wake of the Kepone case, OSHA started to inspect virtually any complaint, which led to a backlog of complaint-driven inspections, according to interviewed officials. In its early response to the backlog, OSHA adopted a complaint process whereby each complaint was categorized based on whether or not it was written and signed by complainants. �Formal� complaints met both conditions, while �nonformal� complaints were oral or unsigned. OSHA further categorized complaints by the seriousness of the hazard alleged. Formal complaints were inspected regardless of whether the hazard alleged was serious, although offices were given longer time frames for responding to those that were other than serious. The agency generally handled nonformal complaints by sending the employer a letter.4 Agency officials said that as a result of these distinctions, the agency was able to reduce some of its backlog December 29, 1970President Richard M. Nixon signed the Occupational Safety and Health Act of 1970.

8. Barlow -1978 Warrant requirements of the Fourth Amendment were applicable to OSHA inspections per US Supreme Court Probable cause in the criminal law sense is not required. Anticipatory warrant procedures used if repeat requests.

9. Whirlpool - 1980 1974 case - The two workers were told to go out on a screen 20 feet above the floor to retrieve small appliance parts which had fallen from a conveyor belt system above. Workers sent home and docked 6 hours pay. Workers can refuse if reasonable apprehension that death or serious injury or illness might occur as a result of performing the work

10. American Textile -1981 Supreme court ruled in favor of worker�s health standard that was more stringent yet feasible vs. one that has more favorable cost-benefit analysis

11. Film Recovery - 1983 No standard for years - proposed 1976 Film Recovery � Hydrogen cyanide -1983 Cook County State�s Attorney files criminal charge against owner and Superintendant Eventually 18 months in jail for both ANSI Z117 - General Duty Clause The Film Recovery case involved a Polish worker in Illinois cleaning out a vat that had used film sludge containing cynanide. The Film Recovery case involved a Polish worker in Illinois cleaning out a vat that had used film sludge containing cynanide.

12. 1980�s Access to medical and exposure records Hazard communication Updated asbestos Ethylene oxide, formaldehyde, and benzene. Hazardous waste operations and emergency response Lockout/tagout of hazardous energy sources. Egregious February 26, 1980Supreme Court decision on Whirlpool affirming workers' rights to engage in safety and health-related activities.November 25, 1983Hazard communication standard promulgated to provide information and training and labeling of toxic materials for manufacturing employers and employees (Other industries added August 24, 1987).April 1, 1986First instance-by-instance penalties proposed against Union Carbide's plant in Institute, West Virginia, for egregious violations involving respiratory protection and injury and illness recordkeeping.January 26, 1989"Safety and Health Program Management Guidelines," voluntary guidelines for effective safety and health programs based on VPP experience, published. September 1, 1989Lockout/tagout of hazardous energy sources standard issued to protect 39 million workers from unexpected energization or start up of machines or equipment and prevent 120 deaths and 50,000 injuries each year.December 6, 1991Occupational exposure to bloodborne pathogens standard published to prevent more than 9,000 infections and 200 deaths per year, protecting 5.6 million workers against AIDS, hepatitis B and other diseases.February 24, 1992Process safety management of highly hazardous chemicals standard adopted to reduce fire and explosion risks for 3 million workers at 25,000 workplaces, preventing more than 250 deaths and more than 1,500 injuries each year. February 26, 1980Supreme Court decision on Whirlpool affirming workers' rights to engage in safety and health-related activities.

13. 1990�s Confined Space Respirators Personal Protective Equipment Process Safety Forklift Training Fall Protection Scaffolds www.osha.gov January 14, 1993Permit-required confined spaces standard promulgated to prevent more than 50 deaths and more than 5,000 serious injuries annually for 1.6 million workers who enter confined spaces at 240,000 workplaces each year.August 9, 1994Fall protection in construction standard revised to save 79 lives and prevent 56,400 injuries each year.September 4, 1995Formal launch of OSHA's expanded webpage to provide OSHA standards and compliance assistance via the Internet. June 6, 1996Phone-fax complaint handling policy adopted to speed resolution of complaints of unsafe or unhealthful working conditions.August 30, 1996Scaffold standard published to protect 2.3 million construction workers and prevent 50 deaths and 4,500 injuries annually.January 14, 1993Permit-required confined spaces standard promulgated to prevent more than 50 deaths and more than 5,000 serious injuries annually for 1.6 million workers who enter confined spaces at 240,000 workplaces each year.

14. 2000�s Refinery NEP BP Imperial Sugar

15. Future Dr. Michael�s Vision Stronger enforcement: Some employers need incentives to do the right thing. Ensure that workers have a voice Refocus and strengthen our compliance assistance programs Change workplace culture: Employers must �find and fix� workplace hazards

16. Future Cont. Develop innovative approaches to addressing new (and old) hazards: Improve Intra-Agency Collaboration Improve and modernize workplace injury and illness tracking: Strengthen our focus on accurate recordkeeping Strengthen OSHA�s use of science

17. OSHA Emphasis New emphasis on enforcement and standard setting Increased inspection efficiency and activity Evaluating state plan states effectiveness State Plan states will respond to the reports of evaluations conducted last summer Their responses will be reviewed in Washington

18. OSHA Emphasis Not moving away from the voluntary protection programs Consultation Program Voluntary Protection Program - VPP Partnerships Alliances

19. Regulatory agenda Injury and Illness Prevention Program Silica Beryllium PELs Confined Space in Construction Infectious Diseases Looking into a standard related to the Kleen Energy explosion Modernizing recordkeeping

20. Congress Budget Oversight Input Oversight � GOA WB Input � Hearing on Mine safety bill - Knowning vilations. Oversight � GOA WB Input � Hearing on Mine safety bill - Knowning vilations.

21. FY 2010 (Oct 1 � Aug 26)Federal OSHA Inspection Data

22. Sig Cases � Region V FY 10, Region V issued 41 significant cases 16 significant cases were issued in Ohio 5 Egregious cases issued, 2 in OH Lead in construction Petroleum refining/PSM Operation of unsafe �super high� pressure vessels manufacturing quartz crystals Grain Entry Employees over exposed to �total dust� during manufacture of abrasive blasting grit

23. Ergo! Ergo Cases issued in FY 10 Cincinnati AO issued a serious 5(a)(1) citation regarding ergonomics to a soft drink bottler & delivery company Toledo AO issued a serious 5(a)(1) citation regarding ergonomics for leather sewers in the sporting goods industry

24. Significant Cases � FY 10 28 General Industry cases Many combined H & S inspections 5 dust cases 2 follow-up inspections 5 MG, LO/TO 3 PSM cases (1 egregious) 1 gas well case involving H2S 3 lead cases 1 case tree trimming for powerlines 2 Record keeping cases 3 Grain entry cases (1 egregious) 1 pressure vessel explosion

25. Significant Cases � FY 10 7 Construction cases 6 Federal Agency cases Note, 4 USPS facilities cited regarding electrical safe work practices (NFPA 70e)

26. Whistleblower FY 10, Region V received 458 Whistleblower complaints (25% of Nation�s total) 300 11c cases 85 merit cases 18 complainants reinstated Over $784,000 recovered for complainants �Cease and Desist� order issued in an IL FRSA case Website, www.whistleblowers.gov has been activated complainants will be able to file Whistleblower complaints electronically under any of the statutes delegated to OSHA through this web site by the end of FY 2010

27. New Enforcement Initiatives OSHA Penalties Corporate or Enterprise Wide Settlement Agreements Serious Violators Enforcement Program

28. Severe Violators Enforcement Program Four CATEGORIES of SVEP! FATCAT: > 1 W, R, FTA related to the incident High Emphasis Hazard: > 2 W, R, or FTA related to HE hazards Potential Release of Highly Hazardous Chemical: > 3 W,R, or FTA related to hazards of the chemical release All Egregious cases

29. SVEP High Emphasis Hazards: Fall Hazards Amputation Hazards Combustible Dust Hazards Crystalline Silica Hazards Lead Hazards Excavation/Trenching Hazards

30. Settlements Innovative Resolutions Corporate or enterprise wide agreements Outside experts Third party verification Penalty payment plans Extended abatement Dispute resolution Lines of communication - company and local area office Penalty reduction

31. CINCINNATI DATA FOR FY 2010 738 INSPECTIONS 50 % CONSTRUCTION 81 % S,W,R 77 % SERIOUS 3.2 VIOL/ INSPECT. $1048 PENALTY PER VIOL 25 % IN COMPLIANCE 7% OF CASES CITED ONLY �OTHER� 5 SIGNIFICANT CASES 6 FATAL ACCIDENTS

32. Enforcement InitiativesFY 2011

33. Top Priorities Reduce injuries, illnesses and fatalities by abating the following types of hazards: amputation noise air contaminants hazard related to the �fatal four� in Construction and Gen Industry

34. Enforcement Activities NEP to focus on flavorings Isocyanates NEP Nursing Home NEP Primary Metals NEP Amputations NEP Possible Cranes and Derricks NEP Developing the compliance directive Developing compliance officer training

35. RecordKeeping In 2009 we launched the Record Keeping NEP Looking at under reporting and non reporting Also looking at discouraging workers from reporting Incentive programs Looking at changing the criteria for these inspections RK Task group VPP and Incentive Programs

36. OSHA Emphasis - PSM Chemical Plant NEP Just extended the pilot Finding same problems as in the refinery NEP Process hazard analysis Management of change Safety instrumented systems training

37. Region V Local Emphasis Programs FY11 Fall Hazards in Construction Primary Metals (WI & OH) High Rise Building Construction (Chicago) Building Renovation/Rehabilitation (Gut Rehab) Amputation Targeting in GI Powered Industrial Vehicles (Construction & GI) Grain Lead (IL) Silica (IL)

38. Enforcement Activities - Construction Cranes and Derricks Standard published July 28th / effective November 9, 2010 Starting work on construction confined space final standard Revised the Steel Erection Directive Revised the residential fall protection directive

39. Enforcement Activities - Construction Construction targeting We are looking to see if there are better ways to target.

40. Local Events Temporary Worker Safety DVDs (available in Spanish and English) http://www.ohiobwc.com/employer/programs/safety/shDVD.asp Mid America Safety Day 2011 � Dayton Convention Center � January 20, 2011 Allied Construction Industries Safety Day- Sharonville Convention Center-February 20, 2011

41. DON�T YOU EVER FORGET! www.osha.gov OSHA On-Site Consultation Service 1(800) 282-1425 BWC, Division of Safety And Hygiene To Call your FRIENDLY local OSHA Office (513) 841-4132

42. QUESTIONS?

43. THANK YOU! It has been my pleasure to serve you for nearly 35 years. We all have grown greatly in our knowledge and mutual gains toward safer, more healthful workplaces. Please continue our important work, where we can count the losses, but not the victories! We will never know how well we have truly done, until we each see God.