Baton Rouge Area Office OSHA UPDATE Alex Novas

Baton Rouge Area Office OSHA UPDATE Alex Novas Compliance Assistance Specialist

Contents 3 1 New Administration 2 Enforcement 3 Compliance Assistance 4 The Road Ahead

New Administration Secretary of Labor – Hilda Solis Acting Assistant Secretary/OSHA – Jordan Barab Current Nominee/David Michaels

Nominee/David Michaels l Interim Head, Department of Environmental and Occupational Health George Washington Health, University School of Public Health l Epidemiologist l Author, Doubt is Their Product: How Industries Assault on Science Threatens Your Health Michaels has urged a comprehensive safety and health program standard l

Occupational Safety and Health Review Commission Thomasina Rogers confirmed as Chair l Horace “Topper” Thompson, formerly Chair, now serves as second commissioner l No, mention of any nominees for third Commissioner position

Where is Enforcement Going? l Recordkeeping Training OSHA compliance officers l National Emphasis Program l l Low rate employers in a high rate industry l Under reporting l Citation and penalty

Where is Enforcement Going? l Enhanced Enforcement Program OIG report – Enhanced Enforcement Program l Redrafting the program – Severe Violators Inspection l Program Better defined criteria l Follow-up l

Where is Enforcement Going? American Reinvestment and Recovery Act (ARRA) 2009 l $727. 3 Billion l Infrastructure projects l Construction l Green energy l Supporting industries l l Enforcement and compliance assistance

Where is Enforcement Going? l Process Safety Management (PSM) Oil refinery NEP l Chemical Plant NEP l l The PSM standard is not being followed or understood l Combustible dust – Rule Making Announced

Where is Enforcement Going? l Diacetyl and flavorings – In Progress l Ergonomics l Oil and gas well drilling

Areas of Interest for Construction Employers Cranes and Derricks l l l Hazard Assessment Assembly Disassembly Power Lines Multi-Use Equipment Training Operator Certification

Update: Cranes and Derricks in Construction l October 9, 2008 - Rule Proposed l March 20, 2009 - Hearing Concluded l May 19, 2009 - Comment Period Closes (New Information, Statistics, and Comments in Support of Hearing Participants’ Testimonies) l June 18, 2009 - Record Closes (Legal briefs and Post-Hearing Comments from Hearing Participants)

Areas of Interest for Construction Employers Confined Spaces l l Hazard Assessment Classification of Spaces Training Non-Entry Rescue Methods

Update: Confined Spaces in Construction l November 28, 2007 - Rule Proposed l July 23, 2008 - Hearing Concluded l October 18, 2008 - Record Closed l Currently - Comments Are Being Analyzed

Case Law Update l Secretary v. Summit Contractors l Multi-employer worksites in construction l In a much-anticipated decision, on February 26, 2009, the U. S. Court of Appeals for the Eight Circuit held in Solis v. Summit Contractors, Inc. that OSHA regulations do not preclude OSHA from issuing citations to the general contractor.

FY 2008 Top 10 Most Frequently Cited Oil and Gas Extraction (SIC 13) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 5 a. 001 – General Duty Clause 112 1910. 023 – Guarding floor/wall openings/holes 91 19101200 – Hazard Communication 75 1910. 305 – Electrical, Wiring Methods 73 1910. 151 – Medical Services & First Aid 64 1910. 146 – Confined Spaces 55 1910. 134 – Respiratory Protection 47 1910. 132 – Personal Protective Equipment 45 1910. 157 – Portable Fire Extinguishers 43 1910. 219 – Mech. Power Transmission apparatus 39 Data Source: OSHA/IMIS Frequently Violated Standards Reports Dated 2/2/09

Case Law Update (cont. ) l The majority’s opinion upholds OSHA’s Multi-Employer Citation Policy, making it clear that controlling employers can be liable for OSHA violations at their places of employment regardless of whether or not they created the hazard or their own employees are exposed to the hazard. l The majority acknowledged that its holding places a large burden on general contractors to have knowledge of all of the regulatory requirements affecting its worksite and to monitor all of the employees of the worksite, but suggested that any concerns about the Multi-Employer Citation Policy should be addressed by Congress or OSHA itself.

OSHA’s Top 10 Violations: FY 2008 (Construction) 1. Scaffolding 2. Fall Protection 3. Ladders 4. Hazard Communication 5. Aerial Lifts 6. Fall Protection Training 7. Excavation Requirements 8. Hardhats 9. General Safety and Health Provisions 10. Wiring Design and Protection

OSHA’s Top 10 Violations: FY 2008 (General Industry) 1. Hazard Communication 2. Respiratory Protection 3. Lockout/Tagout 4. Electrical, Wiring Methods 5. Powered Industrial Trucks - Forklifts 6. Machine Guarding 7. Electrical, Systems Design 8. Mechanical Power Transmission 9 Personal Protective Equipment 10. Abrasive Wheel Machinery

Competent Person ? ?

Louisiana Fatalities FY 2001 – FY 2008 44 41 47 48 39 40 30 Source: BRAO 35

The Leading Causes of Construction Fatalities - 2007 § Falls - 442 out of 1, 178 (38%) § Electrocutions - 108 (9%) § Struck-by - 106 (9%) § Caught-in - 97 (8%) BLS Preliminary 2007 CFOI Data

Fatality Types Louisiana FY 2008

Protecting America’s Workers Act HR 2067 l l l D-MA/Woolsey D-CA, D-IL/Hare OSHA Reform Legislation (H. R. 2067) The bill would also increase financial and criminal penalties for employers whose repeated and willful violations result in a worker fatality or severe injury. The proposed Act increases the criminal penalty to a potential maximum of 20 years in prison for violations of the OSH Act. Extends OSHA coverage to public sector Employees.

THE ROAD AHEAD

What to Do Going Forward Evaluate risks at worksites, especially multiemployer safety issues l More focus in training to employee and documentation l Review company recordkeeping l Focus on PPE standard requirements l Focus on evacuation plans and emergency response l

Cooperative Programs l Voluntary Protection Programs l Alliance Program l Strategic Partnership Program l On-site Consultation Program’s Safety and Health Achievement Recognition Program

Compliance Assistance Allows OSHA to reach millions of employees across the country l Focus on Prevention l l Training & Education Conferences NADA N. O. 2009 l Outreach Programs l Dissemination of CA tools & information Disaster Response Hurricane Gustav B. R. 2008 WTC N. Y. 2001

OSHA – THE RESOURCE l Website : www. osha. gov 180 million page views since 1995 l Toll free #: 1 -800 -321 -OSHA 1 -800 -321 -6742 l Quick. Takes l e. Tools l Spanish language Website

OSHA Consultation Service LOUISIANA WORKFORCE DEVELOPMENT 1001 N. 23 rd Street Baton Rouge, LA 70804 225. 342. 9601 800. 201. 2495 www. laworks. net

Pandemic Flu l l Guidance on Preparing Workplaces Guidance for Healthcare Workers and Healthcare Employers

THE BOTTOM LINE

THANK YOU! Alex Novas 225. 298. 5458 extension 104 novas. alexander@dol. gov

Disclaimer This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics [or hazards], it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www. osha. gov.