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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. - PowerPoint PPT Presentation
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ASSE/AIHA 2009 – OSHA Enforcement Update
Richard E. Fairfax, CIHDirectorOSHA – Enforcement programs
FY 2009 (Oct-Jan)Federal OSHAInspection Data
Prepared by The Directorate of Enforcement Programs
FY 2005 – FY 2009Inspections Conducted
38,714 38,579 39,324 38,951
10,632
0
10,000
20,000
30,000
40,000
50,000
FY05 FY06 FY07 FY08 FY09
FY 2005– FY 2009% Programmed vs. % Unprogrammed
55%
45%
56%
44%
59%
41%
60%
40%
61%
39%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
Programmed Unprogrammed
FY 2005 – FY 2009Percent Complaint Inspections
20% 19% 18% 17% 17%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
FY 2005 – FY 2009% Inspections In-Compliance
27% 27% 26% 24% 20%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
FY 2005 – FY 2009% NIC Inspections With Only Other-Than-Serious Violations Cited
13% 12% 11% 11% 9%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
FY 2005 – FY 2009Total Violations Issued
85,307 83,91388,846 87,687
27,738
0
25,000
50,000
75,000
100,000
FY05 FY06 FY07 FY08 FY09
FY 2005 – FY 2009\% Total Violations Issued As Serious
72% 73% 76% 77% 78%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
FY 2005 – FY 2009% Total Violations Issued As Serious, Willful, Repeat, & Unclass
76% 77% 79% 80% 83%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
FY 2005 – FY 2009Percent Inspections With Violations Contested
8% 7% 7% 7% 7%
0%
20%
40%
60%
80%
100%
FY05 FY06 FY07 FY08 FY09
FY 2009Top 10 Most Cited Standards(General Industry Only)
1. Hazard Communication
2. Respiratory Protection
3. Lockout/Tagout4. Electrical, Wiring
Methods5. Powered Industrial
Trucks
6. Electrical, Systems Design
7. Machine Guarding8. Personal Protective
Equipment9. General Duty
Clause10. Guarding Floor &
Wall Openings & Holes
FY 2009Top 10 Most Cited Standards(Construction Only)
1. Scaffolding2. Fall Protection3. Ladders4. Hazard
Communication5. Fall Protection –
Training Requirements
6. Arial Lifts7. Construction
(General S&H Provisions)
8. Excavations9. Head Protection10. Scaffolds – Training
Requirements
Whistleblower Protection Program FY 2008
Directorate of Enforcement ProgramsOffice of the Whistleblower Protection Program
Cases Received
1388 232
82
18
42347
39
2
523
OSHASOXAIR21STAAERAEPAPSIAAHERANTSSAFRSA
Comparison of Cases ReceivedFY 2007 and FY 2008
0
200
400
600
800
1000
1200
1400
2007 1292 218 297 50 61 22 1 1
2008 1388 232 347 82 52 39 3 2 18 42
11(c) SOX STAA AIR21 EPA ERA PSIA AHERA NTSSA FRSA
Cases Completed
1259
18965
6
16 322
30
1
50
1
OSHASOXAIR21STAAERAEPAPSIAAHERANTSSAFRSA
Outcomes of Complaints Completed
Withdrawal 296 15%
Dismissal 1276 63%
Issued Merit Findings or Recommended Litigation
28 6% 22%
Settled by OSHA 327 73%
Settled Other 93 21%
Total 2020 100%
National Merit Rate
28%25% 24% 23%
20% 21% 22% 21% 22%
0%
5%
10%
15%
20%
25%
30%
2000 2001 2002 2003 2004 2005 2006 2007 2008
Average Days to Complete Cases, by Region
0102030405060708090100110120130140150160170180190200210220230
1 2 3 4 5 6 7 8 9 10
Field Operational Manual (FOM)
Posted January 9th, 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 2007.
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.
QUESTIONS