OSHA Regulatory Update June 2020 OSHA OKLAHOMA CITY

OSHA Regulatory Update June 2020

OSHA OKLAHOMA CITY AREA OFFICE 5104 N. Francis Ave, Suite 200 Oklahoma City, OK 73118 (405) 608 -4160 www. osha. gov 1 -800 -321 -OSHA

AREA OFFICE STAFF Steven Kirby, AD Meghan Christie, AAD Carmen Martinez, AAD Jorge Delucca, CAS, VPP Coordinator Renato Uribe, Whistleblower Investigator 10 CSHO’s

COOPERATIVE PROGRAMS ALLIANCES Oklahoma Safety Council American Society of Safety Professionals (ASSP, Tulsa and OKC Chapters) MCEPS (Mid-Continent Exploration and Production Safety Network) Francis Tuttle Technology Center Oklahoma Section of the American Industrial Hygiene Association Mexican Consulate in Little Rock, AR Oklahoma Municipal Contractors Assoc.

COOPERATIVE PROGRAMS • Alliances • The Associated General Contractors of Oklahoma • Latino Community Development Agency • Associated Builders & Contractors of Oklahoma

Voluntary Protection Program • 40+ VPP sites in Oklahoma

COOPERATIVE PROGRAMS Partnerships Oklahoma City Convention Center - Flintco Omni Hotel Project downtown Oklahoma City, Oklahoma – Brasfield & Gorrie

ENFORCEMENT PROGRAMS REGIONAL EMPHASIS PROGRAMS Falls in Construction & General Industry Cranes in Construction Upstream Oil & Gas Industry Fabricated Metal Products Construction Grain Handling Facilities High Noise in Manufacturing Industries Health Hazards in Healthcare Facilities Heat Illnesses Poultry Processing Facilities Fertilizer Grade Ammonium Nitrate (FGAN)

ENFORCEMENT PROGRAMS • • NATIONAL EMPHASIS PROGRAMS Hazardous Machinery/Amputations Trenching and Excavation Hexavalent Chromium Lead PSM Covered Chemical Facilities • Category 1 – Petroleum Refineries • Category 2 – Ammonia facilities • Category 3 – Chemical Manufacturers • Category 4 – Facilities likely to be PSM covered not in Cat 1, 2, or 3. Primary Metal Industries Ship Breaking Combustible Dust

We Can Help Top Ten Violations Most frequently cited OSHA standards during FY 2019 inspections www. osha. gov 1. Fall Protection – General Requirements (1926. 501) 2. Hazard Communication (1910. 1200) 3. Scaffolding (1926. 451) 4. Lockout/Tagout (1910. 147) 5. Ladders (1926. 1053) 6. Respiratory Protection (1910. 134) 7. Powered Industrial Trucks (1910. 178) 8. Fall Protection – Training Requirements (1926. 503) 9. Machine Guarding (1910. 212) 10. Eye and Face Protection (1926. 102)

Totals Region 6 FY 2019 Standard 9830 7598 42 280 Total Ser Vio(s) Will Vio(s) Rep Vio(s) 1926. 501(b)(13) Residential fall protection 634 542 2 82 1926. 102(a)(1) Eye and Face Protection 299 277 0 10 1926. 1053(b)(1) 234 209 0 14 1926. 453(b)(2)(v) Portable ladders extend 3 ft. Fall Protection in Aerial Lift 222 200 0 10 1926. 100(a) Hard Hats 207 197 0 5 1926. 501(b)(1) Fall Protection for Unprotected Side or Edge 195 180 0 8 1910. 1200(e)(1) HAZCOM Program 177 123 0 3 1910. 212(a)(1) General Machine Guarding Reporting a Workplace Amputation or Hospitalization within 24 hours 175 146 6 11 164 1 1 3 151 111 0 4 1904. 39(a)(2) 1926. 503(a)(1) Fall Protection Training

Updates to OSHA’s Recordkeeping and Reporting Rule: • What events must be reported to OSHA and which employers have to keep records Occupational Safety and Health Administration September 2014

Expanded reporting requirements The rule expands the list of severe work-related injuries and illnesses that all covered employers must report to OSHA. Starting January 1, 2015 employers must report the following to OSHA: • • All work-related fatalities within 8 hours (same as current requirement) All work-related in-patient hospitalizations of one or more employees within 24 hours All work-related amputations within 24 hours All work-related losses of an eye within 24 hours

How This Works: Incident occurs Within 24 hours Amputation, loss of eye or hospitalization occurs Report to OSHA within 24 hours Report the incident if the amputation, loss of eye, hospitalization occurred within 24 hrs. of the workplace incident

Expanded reporting requirements • Method of reporting: – By telephone to the nearest OSHA Area Office during normal business hours. – By telephone to the 24 -hour OSHA hotline (1800 -321 -OSHA or 1 -800 -321 -6742). – Electronically through OSHA's website.

Se. Injury Reporting Not All Reports are Inspected Hospitalizations RRI Inspect Amputations RRI Inspect 7, 638 8, 100 CY 2015 CY 2016 2, 646 2, 672 8, 063 9, 135 CY 2017 CY 2018 3, 379 2, 922 2, 746 CY 2019 YTD 781

FY 2019 Severe Injury Reports in OK • 244 Total Severe Injury Reports – 183 Hospitalizations – 61 Amputations • 188 Rapid Response Investigations • 56 Onsite Inspections • 16 amputations (26% of reported) • 40 hospitalizations (22% of reported)

FY 2020 year to date Severe Injury Reports in OK • 145 Total Severe Injury Reports – 104 Hospitalizations – 41 Amputations • 115 Rapid Response Investigations • 32 Onsite Inspections • 8 amputations (19 % of reported) • 24 hospitalizations (23 % of reported)

Rule Changes 2019 • The new rule eliminates the requirement for establishments with 250 or more employees to electronically submit to OSHA information form the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) • Adds the requirement for employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission beginning with collection of CY 2019 OSHA Form 300 A

Who Will Have to Submit This Data? • Establishments with 250 + employees will be required to electronically submit their OSHA 300 A annually – Not related to whether they are a ‘high hazard’ or a ‘low hazard’ industry. It’s size based… • Establishments with 20 -249 employees in high hazard industries will be required to electronically submit their OSHA 300 A annually. – “High hazard industry” • https: //www. osha. gov/recordkeeping/

Who are High Hazard Industries? – – – Ag. , forestry and fishing (NAICS 11) Utilities (NAICS 22) Construction (NAICS 23) Manufacturing (NAICS 31 -33) Wholesale Trade (NAICS 42) Industry groups (4 -digit NAICS) with a three year average DART rate of 2. 0 or greater in the Retail, Transportation, Information, Finance, Real Estate and Service sectors.

OSHA Inspection Priority Category of Inspection 1 st Imminent Danger: Reasonable certainty an immediate danger exists 2 nd Fatality / Catastrophe/Severe Injury: Reported to OSHA; inspected ASAP 3 rd Complaints/ Referrals: Worker or worker representative can file a complaint about a safety or health hazard. 4 th Programmed Inspections: Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

Citations and Penalties VIOLATION TYPE WILLFUL: A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $134, 937 for each willful violation. SERIOUS: A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. There is a mandatory penalty for serious violations which may be up to $13, 494.

Citations and Penalties VIOLATION TYPE OTHER-THAN-SERIOUS: A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may propose a penalty of up to $13, 494 for each other-than -serious violation. REPEATED: A violation that is the same or similar to a previous violation. Penalties based on the same criteria as SERIOUS or OTHERTHAN-SERIOUS with multipliers ranging from x 2 to x 10

NEW PENALTY STRUCTURE • Federal Civil Penalty Adjustment Act passed by Congress on Nov 2, 2015 • Agencies must increase penalties retroactive to last increase based on CPI. • OSHA is approx 78% increase v Adjustment in January 2018: +1. 02% v Adjustment in January 2019: +1. 025% v Adjustment in January 2020: +1. 018%

New Penalty Structure as of January 2020 Type of Violation Serious Penalty Minimum Penalty Maximum $964 per violation $13, 494 per violation Other-than-Serious $0 per violation $13, 494 per violation Willful or Repeated $9, 639 per violation $134, 937 per violation $0 per violation $13, 494 per violation N/A $13, 494 per day unabated beyond the abatement date [generally limited to 30 days maximum] Posting Requirements Failure to Abate

NEW PENALTY STRUCTURE Adjustment Factor for Size of Employer Employees Percent Reduction 1 – 10 70 11 - 25 60 26 - 100 30 101 – 250 10 251 or more None

How Are Inspections Conducted? The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times. OSHA conducts inspections without advance notice, except in rare circumstances (e. g. Imminent Danger) In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

OSHA Inspection from Start to Finish Opening Conference: ü The compliance officer will present credentials and ask for most senior person on site. ü Introductions are made and the employer has the opportunity to gather whoever he wishes to include. If personnel are offsite we normally allow up to one hour for arrival. ü The nature and scope of the inspection is presented. ü If a an organized labor union is present we afford them the opportunity for a separate opening conference.

OSHA Inspection from Start to Finish Walk Around and Interviews: ü Physical inspection of the workplace or location proceeds with minimal delay. ü Photos and video are taken with the employer allowed to take their own photos and videos alongside the inspector. ü Employee interviews are conducted in a private and confidential setting. ü Union representation is allowed to accompany the physical walk around.

OSHA Inspection from Start to Finish Initial Closing: ü Before leaving the location the Compliance Officer will provide an initial closing that will detail how the remainder of the inspection will proceed. ü Documents requests may be made either verbally, in writing, by email, or thru subpoena. ü Additional interviews with employees and management can be scheduled to accommodate work schedules as long as they are in a timely manner.

OSHA Inspection from Start to Finish Final Closing: ü Within 6 months of the opening and include information about the violations being proposed. ü Citations are issued and may be delivered by mail (UPS) or in person. ü Option for an informal settlement conference within 15 working days of receipt. May be in person at the Area Office or by phone ü Contested citations are handled by our Solicitors office in Dallas.

THANK YOU For all you do

Amputations and Manufacturing By: OKC ASSP

SHAKE HANDS with DANGERYou. Tube

Objectives: • Discuss worker statistics involving amputations on the job • Identify manufacturing amputation hazards • Analyze guarding and protective methods (lock out and tag out) • Risk ranking hazards involving potential amputation • Applying mitigation techniques

Where do machine hazards occur? POINT OF OPERATION MOVING PARTS POWER TRANSMISSION APPARATUSES

Motions Rotating In-Running Nip Points Reciprocating Transversing Actions Cutting Punching Shearing Bending

How are amputation hazards prevented? O T LO & ing rd a Gu LO TO

What’s a good LOTO procedure?

What is guarding? USED TO PREVENT INDIVIDUALS FROM CONTACTING MOVING PARTS OR OTHER HAZARDS • Barrier Guards • Presence Sensing devise & other electronic devices • Guarding by location

Guards Fixed & Interlocked Adjustable & Self Adjusting

Devices Photoelectric Radiofrequency Two Hand Controls Electromechanical Pullback Safety Trip Controls Restraint Gate

Example: Risk Assessment-Hazard 1. Make a list of hazardous equipment 2. Specify the type of hazard for that equipment 3. Who might be harmed, how might they be harmed 4. Establish control measures (mitigation) 5. Record the Findings of Your Assessment and Inform Those at Risk of the Controls 6. Review your risk assessment findings on a regular basis

Value Follow Through Prioritize Recognition Analyze

Can you help break the cycle? • Discuss worker statistics involving amputations on the job • Identify manufacturing amputation hazards • Analyze guarding and protective methods (lock out and tag out) • Risk ranking hazards involving potential amputation • Applying mitigation techniques