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Minnesota OSHA UpdateMay 8-10, 2018
James KruegerWorkplace Safety Programs Director
Why is OSHA Needed?• When congress was considering the OSH Act
in 1970, approximately 14,000 occupational fatalities were being reported each year.
• There were 2.5 million job related disabilities.• There were 300,000 new cases of job related
illnesses.
Williams-Steiger OccupationalSafety and Health Act of 1970
The Occupational Safety and Health Act
• Enacted December 29, 1970• Signed into law by President Nixon
• To assure that every working man and woman in this nation have safe and healthful working conditions.
• Encouraging every state to become involved in planning to assume its own occupational safety and health program.
28 STATE PLANS AND TERRITORIES
The Start of MNOSHA• MNOSHA 40+ year history. • MNOSHA has continued to evolve to meet the
growing and ever-changing needs of safety and health standards for workers.
• In 1973, MNOSHA covered approximately 1.3 million workers within the state.
• Currently about 2.6 million workers.
MNOSHA’s Mission Statement
To make sure every worker in the State of Minnesota has a safe and healthful workplace.
• Commissioner – Ken Peterson
• Deputy Commissioner – Chris Leifeld
• Workplace Safety Director – James Krueger– Compliance Director – Nancy Zentgraf– Consultation Director – Tyrone Taylor
Renovation –During the next year, updating 3 floors in
St Paul, through middle of January–OSHA starting Mid-May , Maintain services to
our stakeholdersStrategic Plan Update
Nancy Zentgraf…Compliance DirectorRon Anderson….Outreach Ryan Nosan …….Training
North……………. Jeff Isakson, SupervisorCentral………….. Sarah Kickbusch, SupervisorSouth……… Clayton Handt, SupervisorSafety 4’s …. Ryan Nosan, SupervisorInd. Hygiene…… Ron Anderson, Supervisor
North CentralSouth
MNOSHA Compliance
Office Locations
Field Inspection Groups
Supervisor
8 Safety 3 Industrial Hygienist
MNOSHA ComplianceStaffing Update
Did not hire between 10/10/2012-5/20/2015
Departing Staff with Significant Experience:-Safety Grants Administrator (Grant Program)-Workplace Safety Manager-Industrial Hygiene Director-Safety Supervisor -Health Consultant -Safety Consultant
Training-Two Safety Investigators -One Industrial Hygienist
MNOSHA Compliance (23g)Current Staff 2018
25 Safety Investigators10 Health Investigators
7 Safety Investigator 4’s/IH3’s1 Director2 Training Officers3 Discrimination Investigators3 Program Analysts 9 Program Support7 Supervisors
2018 MNOSHA Compliance Budget
• Federal Grant $3,991,800
• State Match $4,178,000
• Total Budget $8,169,800
• Note: Grant Includes Public Coverage and MNSTAR
3,700,000
3,800,000
3,900,000
4,000,000
4,100,000
4,200,000
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Federal Budget
2943
2556
21811979 1858
0
500
1000
1500
2000
2500
3000
3500
2013 2014 2015 2016 2017
Total
Total Inspections FFY 2013 - 2017N
umbe
r
Minnesota OSHA’s Most Frequently Cited Standards For All Industries
Federal Fiscal Year 2017STANDARD DESCRIPTION Frequency
1910.1200 Hazard communication 322
1910.212 Machinery and machine guarding – general requirements
198
1910.147 The control of hazardous energy (lockout/tagout)
162
1926.501 Fall protection in construction 142
1910.134 Respiratory protection 139
Minnesota Statutes 182.653, subd. 8
A Workplace Accident and Injury Reduction (AWAIR) program
135
1910.178 Powered industrial trucks 120
1910.305 Electrical wiring methods, components and equipment in general industry
82
Minnesota Rules 5205.0116 Carbon monoxide monitoring 77
Minnesota Rules 5206.0700 Employee right‐to‐know training 77
Federal Grant covers staff for:
– MNSTAR – Outreach– Services to stakeholders, ergonomics,
logging and public sector– Compliance inspections
MNOSHA Program Activities:
– Inspections Reduced • 2500 (3 year average)• 1800 (FFY15,16,17,18) • ??? (FFY 19)
– Priority to • Imminent Dangers• Fatals• Complaints• Serious Injuries
Federal Region 5 Monitoring and Evaluation (FAME) Report
In its 40+ year history MNOSHA established an effective and cooperative relationship with all regional monitors:– Quarterly meetings with the Advisory Council– Bi-annual Onsite Audit (Includes Financial)
https://www.osha.gov/dcsp/osp/efame/2016/mn_report.pdf
Federal Annual Monitoring and Evaluation (FAME) Report 2017
MNOSHA Conducted 1,858 inspections, goal was 1,800.
1,141 Complaints resulting in 324 onsite Inspections (Responded in just over 3.4 days, Goal 9 days)
Handled 4,677 phone calls and 2,039 written requests, primarily e-mail.
Federal Annual Monitoring and Evaluation (FAME) Report 2017
Complete reports and issue citations:SafetyMNOSHA 19 days National Data 45 daysHealth – send samples to lab for resultsMNOSHA 24 days National Data 56 days
MNOSHA Goals
Reduce state Total Recordable Cases
Reduction in-state Fatality Rate from the previous 5-year average
Increase hazards abated
Injury and Illness Incidence RatesMinnesota 2006‐2016
Fatal Occupational Injuries per100,000 Full-time Equivalent
Workers 2016
State Fatality RateIowa 4.9Minnesota 3.4North Dakota 7.0South Dakota 7.5Wisconsin 3.6
Occupational Injuries/Illnessesper 100,000 Full-time Equivalent
Workers 2016
State RateIowa 3.8Minnesota 3.4North Dakota Not Available South Dakota Not AvailableWisconsin 3.8
MNOSHA Penalty Conformance Bill
• Legislation to increase these maximum penalty levels for MN OSHA to align with Federal OSHA levels. Necessary to ensure MNOSHA remains “at least as effective as” federal OSHA.
• Serious violation: Maximum Fine: $12,675
• Repeat violation: Maximum fine: $126,750
• Willful violation: Maximum fine: $126,750
• Nonserious violations: Maximum Fine: $12,675
• The Bill also requires the penalty amounts be adjusted annually for inflation, determined by the Commissioner of Labor and Industry
Electronic Submission of Injury and Illness Data
• May 12, 2016: Federal OSHA published final rule effective January 1, 2017
• August 1, 2017: Federal OSHA launched the Injury Tracking Application (ITA)
• December 31, 2017 Federal OSHA Announced that this was the last day to enter calendar year 2016 data into ITA
• January 1 2018: Federal OSHA no longer accepts 2016 calendar year (CY) data, but you can view the dated submitted
ContinuedElectronic Submission of Injury and Illness Data
• July 1, 2018: Establishments with 20 or more employees are required to provide their Calendar Year (CY) 2017 Form 300A summary data.
• April 30, 2018 : An employer covered by a State Plan that has not completed adoption of a state rule must provide Form 300A data for Calendar Year 2017. Employers are required to submit their data by July 1, 2018.
ContinuedElectronic Submission of Injury and Illness
Data
Minnesota Employers need to submit injury and illness data electronically:
• Employers with 20 or more employee‘s, submit Form 300A data by July 1, 2018, for 2017 data– Going Forward: Every year after, starting March 2, 2019, March
2020, etc..
(https://www.osha.gov/injuryreporting/index.htm
Occupational Exposure to Beryllium Federal OSHA
• General Industry Compliance Dates– May 11, 2018 (Most Elements) except
• March 11, 2019 (change rooms/showers)
• March 10, 2020 (engineering controls)
General Industry (1910) Occupational Exposure to Beryllium
• Minnesota OSHA is in the process of adopting the General Industry Beryllium Rule by reference
• Minnesota OSHA Compliance Dates– Planning on May, 2018 (Most Elements) except
• March 11, 2019 (change rooms/showers)• March 10, 2020 (engineering controls)
Construction/Shipyards (1926, 1915) Occupational Exposure to Beryllium
• Federal OSHA proposing to revoke the ancillary provisions and just retain the PEL/STELs and is currently not enforcing.
• Minnesota OSHA has not adopted construction or shipyards standards for Beryllium
• Federal OSHA webpage, www.osha.gov/berylliumrule
Respirable Crystalline Silica29 CFR 1910.1053 and 29 CFR 1926.1153
General Industry Effective Dates
• All obligations of this section June 23, 2018– Except medical surveillance (i)(1)(i)
• June 23, 2020 for those exceeding the action level 30 or more days per year.
• Hydraulic fracturing operations in gas and oil industry – June 23, 2018– Except: medical surveillance (i)(1)(i) and engineering controls (f)(1) (June 23, 2021)
Construction Effective Dates
• September 23, 2017
• Requirements for sample analysis (d)(2)(v) commence June 23, 2018
General Industry Walking‐Working Surfaces and Falls
MNOSHA Adopted by Reference, Effective September 19, 2017
MNOSHA:• 5 Directives Deleted• Involves 6 different MN Rules Standards • Manuals for Correct Standards Updated
Walking‐Working Surfaces (Effective in Minnesota September 19, 2017)
MN Rules Removed 5205.0040 Elevated Storage Platform
or Rack 5205.0050 Ships Ladders 5205.0060 Ships Ladders, Special
Requirements 5205.0065 Suspension Scaffolds 5205.0080 Wells, Pits, Shafts and
other Similar Spaces 5207.0300 Confined Spaces 5207.0301 Definitions 5207.0302 Operating Procedures
and Worker Training 5207.0303 Pre‐entry Procedures 5207.0304 Entry Into and Work
within Confined Spaces
Fatalities
BLS ‐ CFOI2016
National Data • Agriculture, forestry, fishing & hunting recorded a rate of 23.2 percent.
• Transportation and Warehousing rate of fatalities was 14.3 percent
• Construction had a rate of 10.1.
BLS ‐ CFOI2016
Minnesota Data • Agriculture, forestry, fishing & hunting recorded a rate of 25 percent.
• Trade, Transportation and Utilities rate of fatalities was 18 percent. (Transportation and Warehousing was 12 percent)
• Construction had a rate of 16 percent
MNOSHA FFY 2017Fatality Statistics
A fatality under MNOSHA jurisdiction is defined as:
An employee death resulting from an employment incident or illness caused
by or related toa workplace hazard
MNOSHA Does Not Investigate:–Motor vehicle accidents–Airplane accidents–Mining sites– Small family farms–No Employee/Employer Relationship– Federal employees–Railroad employees
Cause/Contribute Penalties
Minnesota Statutes, section 182.666, subd.2a
If the violation causes or contributes to the death of an employee, the minimum nonnegotiable fine is:
• $25,000 for a serious violation• $50,000 for willful or repeat violation
MNOSHA Compliance Fatality Investigations FFY 2013 ‐ 2017
During the period October 1, 2012 – September 30, 2017, the annual average number of fatalities under Minnesota OSHA jurisdiction was 18.
The most common types of workplace fatalities were:• Contact with an object or equipment: Average of
9 workers each year• Falls: Average of 5 workers each year
MNOSHA FatalitiesFFY 2012‐2017• 104Total• An average of 17 per year
– 39 Construction (37.5%)– 65 General Industry (62.5%)
FFY 2007‐2011• 92 Total• An average of 18 per year
– 26 Construction (28%)– 66 General Industry (72%)
4
44
4
4
3
25
4
Cause of all Fatalities FFY 2013 ‐ 2017
Burn
Contact withobject/equipmentDrown
Electrocution
Explosion
Fall
Other
Falls
Contact withobject/equipment
11 11
16
10 10
18 17
20
1617
0
5
10
15
20
25
2013 2014 2015 2016 2017
GI Total
General Industry Fatalities FFY 2013 - 2017N
umbe
r
15
28
16
24
14
20
6
87 8
0
5
10
15
20
25
30
GI Total
1 to 10 11 to 49 50 to 249 250 to 999 1000+
General Industry Fatalities by Company Size FFY 2013 - 2017N
umbe
r
MN FatalitiesOver the years, our data suggests that mostof the fatalities inspected by MNOSHA arepreventable.
Requirements for:Fall Protection,Vehicle Crushing/Struck-By HazardsMachine Guarding & Lockout/tagoutAdequate Training on Hazards
Preplanning is Essential
Minnesota OSHA’s Most Frequently Cited Standards in General Industry
Federal Fiscal Year 2017STANDARD DESCRIPTION FREQUENCY
1910.1200 Hazard communication 279
1910.212 Machine guarding – general requirements 198
1910.147 Control of hazardous energy (lockout/tagout)
162
1910.134 Respiratory protection 128
1910.178 Powered industrial trucks 111
Minnesota Statutes 182.653, subd. 8
A Workplace Accident and Injury Reduction (AWAIR) program
83
1910.305 Electrical wiring methods, components and equipment for general use
82
Minnesota Rules 5205.0116 Carbon monoxide monitoring 77
1910.242 Hand and portable powered tools and equipment, general
74
Minnesota Rules 5206.0700 Employee right‐to‐know training 73
MNOSHA Construction
76
46 7
1817
20
1617
0
5
10
15
20
25
2013 2014 2015 2016 2017
Construction Total
Construction Fatalities FFY 2013-2017N
umbe
r
13
28
8
24
6
20
2
8 8
0
5
10
15
20
25
30
Construction Total
1 to 10 11 to 49 50 to 249 250 to 999 1000 +
Construction Fatalities by Company Size FFY 2013 - 2017N
umbe
r
Standard Description Frequency1926.501 Fall protection 142
1926.652 Protective systems for excavations 54
Minnesota Statutes 182.653, subd. 8
A Workplace Accident and Injury Reduction (AWAIR) program
52
1926.451 General requirements for scaffolds 52
1926.651 Specific requirements for excavations 45
1910.1200 Hazard communication 43
1926.1053 Ladders 29
1926.405 Electrical wiring, components and equipment
22
1926.503 Fall protection training requirements 21
Minnesota Rules 5207.1000 Mobile earth‐moving equipment 19
Minnesota OSHA’s Most Frequently Cited Standards in Construction
Federal Fiscal Year 2017
Workplace Safety ConsultationWhat we do…
• Voluntary compliance assistance– On-site S&H consultative
assistance• Hazard identification• Mandated S&H program
review• S&H management
assessment• Hazardous substance,
noise, and heat stress monitoring
• Training– Off-site technical
assistance
• Free on-site consultations for private and public sector employers
• Construction• General industry
• Safety Grants• S&H recognition
programs– MNSTAR– MNSHARP
Types of InspectionsResponding to reports of alleged hazardous working conditions identified at a specific work site
• Imminent Dangers • Fatalities/catastrophes• Serious Inj/illnesses• Complaints • Referrals• Follow-ups
Specialty Training 2019
• Meat Packing• Foundries • Health Care• Trenching• Grain Handling• Vehicle Crushing/Struck‐By Hazards
• Asbestos• Hazardous Waste (HAZWOPER)• Process Safety Management (PSM)
MNOSHA 2019 Inspections
• Fall Protection• Trenching • Silica• Machine Guarding and Lockout/Tagout• Vehicle Crushing/Struck-By Hazards
Fall Protection
• Fall protection for construction enforced at 6 feet
• Subpart M 1926.501 (b)(1)
• Other acceptable fall protection• Vertical Standards
• Subpart L (scaffolds)• Subpart X (ladders)• 1926.453 (aerial lifts)
Fall Protection
Fall Protection
Fall Protection
Outreach
Each year, 5 construction seminars at the MNDOT Training center in Arden Hills
MNOSHA has three bilingual inspectors. • Local Spanish Cable News Channel• Various presentations with the Consulate of Mexico
located in St Paul MN.
National SafetyStand-Down (Falls)May 7 – 11, 2018
MNOSHA and Minnesota construction industries have participated in every National Stand-Down since their inception in 2014.
MNOSHA Excavation Stand-down
From April 16 through April 20, 2018 MNOSHA conducted its second Excavation Safety Stand-down. (Fed OSHA June 6-19 2018)
Excavation safety was the topic because:– Of the many hazards associated when working in
excavations/trenches– Excavation accidents resulted in three fatalities to
Minnesota workers since 2015– 5 serious injuries – In the last 5 years
MNOSHA Excavation Stand-down
The purpose, of this Stand-down was to raise awareness among employers and workers about preventing excavation accidents.
A Stand-down “Selfie”
MNOSHA Excavation Stand-down
An excavation Stand-down is a way for employers and workers to pause during the workday and talk about excavation safety.
Types of events used:– Job Safety Analysis talks– Lunch and Learn– Toolbox Talks
Stand-down ParticipantCertificate
Trenching Safety“The time to think about worker protection in trenches is before the digging even begins.”
Consider:
One cubic yard of soil weighs approximately:
3000 lbs.
=
Trenching Picture
Trenching Inspections
Cave in Protection
Adequate protection shall be provided by:
S loping
S horing
S hielding
Silica Inspections
Vehicle Crushing/Struck-By Hazards
Vehicle Crushing/Struck-By Hazards
Machine Guarding
Machine Guardingpoint of operation must
be guarded
Lockout/Tagout
2018 Federal OSHA
• Alex Acosta, Secretary of Labor April 27, 2017
• TBD, Assistant Secretary OSHA Administrator– Acting Deputy Assistant Secretary, Loren Sweatt,
July 24, 2017.
MNOSHA and Federal OSHA Web Sites
Minnesota OSHA (New Look May)• http:/www.dli.mn.gov/MnOsha.asp
Federal OSHA• http://www.osha.gov
• Safety Lines is an online, quarterly publication of the Minnesota Department of Labor and Industry.
• Its purpose is to promote occupational safety and health and to inform readers about the purpose, plans and progress of Minnesota OSHA.
• Sign up via e-mail to receive notification at ww.dli.mn.gov/OSHA/SafetyLines.asp
Questions?
Resources• Bureau of Labor Statistics
– www.bls.gov– www.bls.gov/iif
• Minnesota Department of Labor & Industry– www.doli.state.mn.us
This material can be provided to you in a different format (Braille, large print or audio) if you call the MNOSHA Training/Outreach Office at (651) 284-5050; toll-free at 1-877-470-6742 .
Material contained in this publication is in the public domain and may be reproduced, fully or partially, without permission of the Minnesota Department of Labor and Industry or MNOSHA. Source credit is requested but not required.
For more information, contact:
Minnesota Department of Labor & IndustryOccupational Safety & Health Division443 Lafayette RoadSt. Paul, MN 55155-4307Toll-free: 1-877-470-6742E-mail: [email protected]://www.dli.mn.gov/MnOsha.aspRevised 3/21/16
