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Mark W. HysellArea Director
Eau Claire Area Office
WITC Safety DayOSHA Update April 8, 2014
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Introduction• OSHA Saves Lives• Fatality Data• OSHA Tool Bag
– Enforcement– Cooperative Programs
• OSHA Myth Busters• Top Ten Violations• Questions Anytime
Federal OSHA
• OSHA Staff: 2,305• Workers: 130 million• Worksites: 8 million• Regional Offices: 10• Local Area Offices: 90
OSHA’s Mission Assure so far as possible safe and healthful
working conditions for every working man and woman in the nation.
OSHA Saves Lives
Examples From:
Madison, Wisconsin
&
Chicago, Illinois
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OSHA Saves Lives
Two unprotected employees
working in a 6’6’’ deep trench
Point of reference
Point of reference
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Medical DistressEmployee entering unprotected trench
CSHOs arrive and find man unresponsive
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Medical DistressEmployee begins to have seizures
CSHOs call 911 and stay close to worker
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93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12*0
2.75
5.5 5.2 5.3
4.9 4.8 4.84.5 4.5
4.3 4.34 4 4.1 4
4.24
3.73.5 3.6 3.5
3.2
Fatal Work Injuries per 100,000 Workers
Fatality RATES are down 35% since
1994
Rate of Fatal Work Injuries Continues to Drop 1993-2012
Source: Bureau of Labor Statistics (*preliminary 2012 data)
Region V Fatalities by State - FY09-FY13
FY09 FY10 FY11 FY12 FY130
10
20
30
40
50
60
70
52 51
58
48
38
3941
38
48 47
23
17
22
2828
Illinois
Ohio
Wisconsin
Source: OSHA Information System
166; 29%
152; 26%
256; 45%
Construction
Manufacturing
Other
Region V - Fatalities by Industry FY09 - FY13
Source: OSHA Information System
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OSHA’s Field Tool Bag
Enforcement
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Inspections Conducted (Federal)FY09 – FY13
FY09 FY10 FY11 FY12 FY1336,000
37,500
39,000
40,500
42,000
39,004
40,993
40,648
40,961
39,124
Source: OSHA Information System
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Region V FY-2013 Inspection Data
• 6740 total inspections (Goal 6725)– 3,229 of which were construction– 1,488 were health inspections
• Inspections By State– Illinois = 2,768– Ohio = 2,435 – Wisconsin = 1,472
Significant Cases Issued in FY13
Number of Cases:
Construction 25
Manufacturing 88
Other 6
Total Cases 119 21%
74%5%
Construction Manufacturing Other
Source: OSHA Information System
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Significant Enforcement Actions Region V – FY 2013
46 significant and novel cases issued
Ohio – 17 issued
Illinois – 12 issued
Wisconsin – 17 issued
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National Emphasis Programs
Current:• Amputations• Combustible Dust• Fed Agencies• Food Flavorings• Hex Chrome • Lead• Primary Metals• PSM (Chem Plants)
• Nursing Homes & Residential Care Facilities
• Silica• Ship Breaking• Trenching• Isocyanates
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Region V Local Emphasis Programs (LEPs) - FY 14
• Fall Hazards (Construction & General Industry)• Primary Metals • Grain Handling Facilities• Tree Trimming Operations• Powered Industrial Vehicles (Construction & GI)• Maritime (IN, MI)• Building Renovation/Rehab - “Gut Rehab”• High Rise Construction (Chicago AOs)• Dairy Farm LEP (Wisconsin AOs)• Federal Agencies (IN, MI, MN)
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Potential New/Modified LEPs in FY14
• Pallet Manufacturing – Toledo
• Carbon Monoxide in Construction – WI & Calumet City
• Expansion of PIV (Loading Dock Areas)• Temp Workers
– Training & Equipment– 1st Day Fatalities
Temporary Worker Initiative
Too many fatalities reported are found to be temporary workers.
OSHA Memorandum to Regional Administrators:
CSHOs will assess whether employers who use temporary workers are complying with their responsibilities under the OSH Act
CSHOs will code the information in their records to denote when temporary workers are exposed to safety and health violations
CSHOs will assess whether temporary workers received required training in a language and vocabulary they could understand
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Whistleblower• FY 13, Region V received 506 Whistleblower
complaints (19% of Nation’s total) 315 – 11(c) cases
119 – 11(c) - merit cases 13 – 11(c) Complainants reinstated $957,745 – wages recovered for Complainants under 11(c)
• In Ohio:– 182 Whistleblower Complaints 138 – 11(c) Cases
58 – 11(c) - merit cases $369,311 wages recovered for Complainants under 11(c) 7 – 11(c) Complainants reinstated
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OSHA’s Field Tool Bag
Cooperative Programs
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Cooperative Programs
Cooperative Programs: • Consultation Program
– Free Service• Voluntary Protection Program – VPP
– 391 Participants • 262 Federal• 129 State Plan
• Partnerships– 11 Active Partnerships
• Alliances– 19 Active Alliances
2013 Major Outreach Campaigns
• Heat Stress• Falls
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Fall Campaign Website
Educational Materials
Posters in English and Spanish
Fact sheets in English, Spanish, Polish, Russian and Portuguese
Wallet Cards, Tool Box Stickers, and more coming soon…
New Mobile Resources
• New! Bilingual English-Spanish booklet about using ladders safely
• Can be read on any mobile device using a free e-reader!
Educational Materials
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OSHA Myth Busters
Top Ten OSHA Myths
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#1
OSHA spends most of its time responding to employee complaints.
Not true!
% Complaint Inspections
FY07 FY08 FY09 FY10 FY11 FY12 FY130%
20%
40%
60%
80%
100%
18% 17% 17% 20% 21% 23% 24%
Data Source: OIS Insp. Summary Rpt. Dated 9/17/13
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#2
OSHA is always going to find something wrong.
Not true!
% Inspections In-Compliance
FY07 FY08 FY09 FY10 FY11 FY12 FY130%
20%
40%
60%
80%
100%
26% 23% 25% 23% 24% 24% 25%
Data Source: OIS Insp. Summary Rpt. Dated 9/17/13
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#3
If OSHA does an inspection, the fine will be a million dollars.
Not true!
Average Current Penalty Per Serious Violation
FY07 FY08 FY09 FY10 FY11 FY12 FY13$0
$500
$1,000
$1,500
$2,000
$2,500
$918 $998 $970 $1,053
$2,133 $2,153 $2,008
Data Source: OIS Insp. Summary Rpt. Dated 9/17/13
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#4
OSHA has a quota system that requires CSHOs to find a certain number of violations on every inspection.
Not true!
3 violations/inspection
80% violations SWRU
11% of inspections only OTS violations
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#5
OSHA has a quota system that requires CSHOs to perform a certain number of inspections per year.
OSH Act, Section 8(h)The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this Act or to impose quotas or goals with regard to the results of such activities.
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#6
OSHA targets non-union facilities for inspection.
Not true!
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#7A worker should not file a complaint with OSHA because their name will be given to the employer.
Confidentiality + OSH Act, Section 11(c)No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.
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#8
OSHA can inspect any facility it wants to.
Imminent Danger
Fatality/Catastrophe
Complaints
Referrals
Observed Hazards
Site Specific Data
Random Selection
Follow-Ups
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#9
OSHA supports itself with penalties collected from inspections.
Not true!
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#10
OSHA inspections have no impact on worker safety and health.
Not true!
Study: OSHA Inspections Reduce Injuries with No Job Loss
Harvard & UC Berkeley researchers found:• 9.4% drop in injury claims in the 4 years after
inspection
• 26% average savings on workers’ compensation costs
• $355,000 average savings for an employer (small or large) as a result of an OSHA inspection
• Study estimates $6 billion in savings to employers nationwide
There was no evidence that these improvements came at the expense of employment, sales, credit ratings or firm survival.
OSHA doesn’t kill jobs; it helps prevent jobs from killing workers
Nationwide FY13 Top 10 Most Cited Standards
1. Fall Protection
2. Hazard Communication
3. Scaffolding
4. Respiratory Protection
5. Electrical, Wiring Methods
6. Powered Industrial
Trucks
7. Ladders
8. Lockout/Tagout
9. Electrical, General
Requirements
10.Machine Guarding
Data Source: OIS Frequently Cited Stnds. Rpt. Dated 9/17/13
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Conclusion
• OSHA Saves Lives• Fatality Data• OSHA Tool Bag
– Enforcement– Cooperative Programs
• OSHA Myth Busters• Top Ten Violations
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Questions?
