FY2010 Updateand

What’s New?

Todd D. Zentner

WSSC Quarterly Meeting

November 17, 2010

Facts

• Based on population: The world’s smallest independent state?

• Who was originally cast as Han Solo in Star Wars?

• Pope John Paul II was named “Honorary” what in 2000?

• On average, 100 people choke to death on these each year.

• For every person on earth there are an estimated 200 million of these?

• The two Presidents to die on the same day?

Fiscal Year 2010 Review(For Oil and Gas)

Most Frequently Cited Standards- All Oil and Gas Field Services

• Section 5(a)(1) – 72 Citations• 1910.1200 – Hazard Comm. – 53 citations• 1910.305 – Wiring Methods• 1910.23 – Walking Working Surfaces• 1910.132 – PPE Gen Req.• 1910.151 – Med. Services and First Aid• 1910.157 – Portable Fire Extinguishers• 1910.219 – Mechanical Power Trans.• 1910.303 – Electrical Gen Req.• 1910.22 – Housekeeping Gen Req. – 18 Citations• Total of 613 Citations,184 inspections, 763K in penalties

Most Frequently Cited Standards- Drilling Oil and Gas Wells – SIC 1381

• Section 5(a)(1) – 46 Citations• 1910.23 – Walking/Working Surfaces - 35 citations• 1910.1200 – Hazard Comm. – 34 citations• 1910.151 – Med. Services and First Aid• 1910.305 – Wiring Methods• 1910.132 – PPE Gen. Req.• 1910.157 – Portable Fire Extinguishers• 1910.22 – Housekeeping Gen Req.• 1910.219 – Mechanical power-transmission• 1910.303 – Electrical Gen. Req. - 11 Citations• Total of 372 Citations, 109 Inspections, 486K in penalties

Most Frequently Cited Standards- Field Services, Not Elsewhere Classified – SIC 1389

• Section 5(a)(1) – 22 Citations• 1910.132 – PPE Gen Req.• 1910.305 – Wiring Methods• 1910.1200 – Hazard Comm. – 53 citations• 1910.23 – Walking Working Surfaces• 1910.303 – Electrical Gen Req.• 1910.184 – Slings• 1910.219 – Mechanical Power Trans.• 1910.151 – Med. Services and First Aid• 1910.157 – Portable Fire Extinguishers – 6 citations• Total of 222 Citations, 69 Inspections, 253K in penalties

Most Frequently Cited Standards- Colorado Activities

• Section 5(a)(1) – 13 Citations• 1910.219 – Mechanical Power Trans. – 8 Citations• 1910.23 – Walking Working Surfaces – 7 Citations• 1910.132 – PPE – 5 Citations• 1910.1200 – Hazard Comm.• 1910.22 – Housekeeping• 1910.24 – Fixed Industrial Stairs• 1910.146 – Confined Spaces• 1910.151 – Med. Services and First Aid• 1910.141 – Sanitation – 3 citations• Total of 59 Citations over 33 Inspections

New Penalty Policy

What’s Changing?

• History Reduction – Length of OSHA history will expand from 3 to 5 years.

• Employer who has been inspected within the previous 5 years and has no S, W, R, or FTA – Receive a 10% reduction.

What’s Changing?

• History Increase – Employer that has been cited for a H/G, W, R, or FTA within the previous 5 years…

• Will receive a 10% increase on their penalty (up to the statutory maximum).

What’s Changing?

• Penalties for Serious citations will increase from a range of $1,500 - $5,000 to $3,000 - $7,000.

• Penalty will be calculated serially – will result in an increase of approximately 50%

• Size reductions restructured – from 60%(25 or less),40%(26-100) ,20%(101-250) to 40%,30%,10%.

Penalty Example

• Old Policy on $5,000 Citation:

• Employer with 30ee, No history, with a S&H Program in place:– 40% reduction for size– 10% reduction for not having OSHA history– 15% reduction for S&H Program

• Issued Penalty: $1,750

Penalty Example

• New Policy on $5,000 Citation:

• Employer with 30ee, No history, with a S&H Program in place:– 30% reduction for size– 0% reduction for not having OSHA history– 15% reduction for S&H Program

• Calculated Serially

• Issued Penalty: $2,975

Severe Violator Enforcement Program(SVEP)

What is it?

• Concentrates resources on inspecting employers who have demonstrated indifference to their OSH Act obligations by committing willful, repeated, or failure-to-abate violations in certain circumstances

• States are required to either adopt the program or establish their own equivalent program

What is the Criteria?

• One or more W,R, or FTA related to a death or three or more hospitalizations

• Non-fatality/Catastrophe – with two or more W,R,FTA (in any combination) based on High/Gravity Serious violations related to a High-Emphasis Hazard

• Hazards due to the potential release of highly hazardous chemicals (PSM) – 3 or more W,R,FTA (any combination)

• Egregious Criterion (per-instance citations)• High Emphasis Hazard? – Only H/G of specific standards

dealing with Falls or the NEPs

SVEP (con’t)

• SVEP– “High-Emphasis Hazards” means only high gravity serious as

willful and repeat violations of specific standards covered under falls or the following NEPs:

• amputations, • combustible dust, • crystalline silica, • lead, • excavation/ trenching, and• shipbreaking,

– Regardless of the type of inspection being conducted. Low and moderate gravity violations will not be considered for a SVEP case.

SVEP (con’t)

• The SVEP also includes the following action elements for employers who meet the SVEP criteria. – Enhanced follow-up inspections, – Nationwide referrals, which will include State Plan

States,– Increased company awareness, which will include

issuing News Releases,– Enhanced settlement provisions, and – Increased use of Federal court enforcement action

(contempt of court) under Sec. 11(b) of the OSH Act.

See http://www.dol.gov/dol/budget/

FY 2011 OSHA Congressional Budget Justification

Inspections Conducted

3981942569

29371

24258

34382 34609 3450236559 35981

3761839929

39284 3881538579 39324 38591

0

10,000

20,000

30,000

40,000

50,000

Training Course Update

10- and 30-Hour Training Courses

• Modifications have arrived!!

• Maximum of 7.5 hours in one day for the 10-hr course (minimum of 2 days).

• 30-hr course must be delivered over a minimum of 4 days.

• How do I obtain a Course Completion Card?

10- and 30-Hour Training Courses

• Trainers must submit:– OSHA Outreach Training Program Report

(includes signed Statement of Cert.)– Legible List of Student Names– Topic Outline– Copy of Trainer Card

10- and 30-Hour Training Courses

• Trainers must retain the following:• Student sign-in sheets for each day• Student addresses• Copy of documentation sent in to request

cards• Records which indicate the card number

dispensed to each student…• All must be kept for 5 years.

Emphasizing Worker Rights

• Every 10- and 30- hour OSHA course must include a 2-hr component devoted to worker rights.

• As a result a trainer may eliminate one hour designated for “optional topics”.

• What does the new module include?

New Module Details

• Whistleblower Rights

• Filing a Complaint

• Right to Refuse to Work – dangerous conditions

• Handouts: Fat./Cat. Reports, MSDSs, and the OSHA 300 Log

Driving Safety

• Every 12 minutes someone dies in a motor vehicle crash

• You need a driver safety program to:– Save lives and reduce injuries in your

workforce– Protect your organization’s human and

financial resources– Guard against potential company and

personal liabilities

Driving Safety

• Network of Employers for Traffic Safety 10 Steps (NETS):– Senior Management Commitment and

Employee Involvement– Written Policies and Procedures– Drivers Agreements– Motor Vehicle Record (MVR) Checks– Crash Reporting and Investigation

Driving Safety

• Cont.– Vehicle selection, Maintenance, and

Inspection– Disciplinary Action System– Reward/Incentive Program– Driver Training/Communication– Regulatory Compliance

Any Confusion?

DisclaimerDisclaimer

• 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, 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.