Top Foundry Violations

Metalcasters Face

Stepped Up Enforcement

Stephanie Salmon

AFS Washington Office

AFS EHS Conference – Nashville, Tennessee

August 24, 2010

Topics for Discussion

� Aggressive OSHA Enforcement

� What to Expect

� Foundry Industry Front & Center

� Programmed Inspections

� Top 10 OSHA Violations in Foundries

� # of Foundry Inspections Nationwide

� Penalties

OSHA Enforcement: What to Expect

� More intensive inspections / citations / penalties

� less willing to negotiate on penalties & abatement

� increase in “willful” or “repeated” violations

� more focus on criminal referrals

� greater use of incident-by-incident (egregious) citations

� scrutiny of injury and illness recordkeeping and reporting

� rise in ergonomic general duty citations

� Penalties

� significant changes to penalty structure and amounts

Foundries Key Target

� Top 20 Most Hazardous Industries

� Injury & illness rates – twice as high as national

average for manufacturing

� Majority of National Emphasis Programs

(NEP) targeted at foundry hazards

� New Primary Metal NEP

� Addl focus on hearing loss for FY 10

� Increase in Penalties over $100,000

Foundries: Top 20 Most Dangerous Industries

Industry 2007 2008

1. Fire protection n/a 14.8

2. Police protection n/a 14.7

3. Skiing facilities 16.5 14.2

4. Secondary smelting and alloying of

aluminum

8.8 13.7

5. Steel foundries 13.8 13.7

6. Sports teams and clubs 16.2 13.4

7. Heavy and civil engineering

construction

n/a 12.9

8. Sawmill and woodworking

machinery manufacturing

11.2 12.8

9. Nursing and residential care facilities n/a 12.5

10.Iron Foundries 13.6 12.0Bureau of Labor Statistics, 2008

Top 20 Most Dangerous Industries –

continuedIndustry 2007 2008

11.Hospitals n/a 11.9

12.Ambulance services 11.8 11.4

13.Iron and steel forging 10.0 10.9

14.Leather and hide tanning and finishing 7.6 10.8

15.Motor home manufacturing 12.5 10.7

16.Travel trailer & camper manufacturing 11.3 10.6

17.Animal (except poultry) slaughtering 12.1 10.3

18.Prefabricated wood building

manufacturing

9.5 10.3

19.Aluminum foundries 9.0 10.2

20. Manufactured home (mobile home)

manufacturing

13.0 10.0

Bureau of Labor Statistics, 2008

OSHA Inspection Priorities

� Programmed Inspections

� Expand existing

� New initiatives

� Unprogrammed Inspections

� Imminent danger

� Accidents and fatalities

� Complaints and referrals

OSHA FY 09 Inspections: Overview

�Conducted 39,004 inspections� Programmed - 62%

� Unprogrammed – 38%� 17% based on Complaints

�Violations – 87,663� 77% serious

� Average penalty $983

� 7% of inspections - violations contest

Total # of Inspections ConductedFY 2006 - 2010

38,579 39,324 38,450 39,004

12,989

0

10,000

20,000

30,000

40,000

50,000

FY06 FY07 FY08 FY09 FY10

OSHA: Programmed Inspections

� Initiatives� 15,000 High Injury Workplaces

� Site-Specific Targeting

� Severe Violators Enforcement Policy

� National Emphasis Programs (NEPs)

� Regional/Local Emphasis Programs

� Over 140 programs nationwide

Programmed Inspections15,000 High Injury Illness Workplaces

� Annual List

� 15,000 locations notified in March

� Target companies with 2x the national avg

rate based on injury and illness rates� 4.5 or more injuries resulting in days away from work,

restricted work or job transfer

� Over 200 metalcasting facilities on list

� www.osha.gov/as/opa/foia/hot_16.html

Programmed Inspections

Site-Specific Targeting (SST)

� Focus on 4,000+ High Hazard Work Sites

� based on OSHA data initiative collected in 2007

� Primary List

� 3,000+ Manufacturing Sites

� DART rate of 8+ or DAFWII rate of 6+

� Unannounced Inspections

� http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_09-

05.pdf

Programmed InspectionsSevere Violators Enforcement Policy (SVEP)

� 4 circumstances trigger SVEP enforcement:� Fatality/Catastrophe

Fatality or where 3 or more employees are hospitalized, & where 1+ willful, repeat, or failure to abate citations issued

� High-Emphasis Hazards1 or more specified high-emphasis hazards where 2 or more willful, repeat violations or failure to abate citations issued

� fall, amputation, combustible dust, and/or airborne contaminant hazards

� Potential Release of a Highly-Hazardous Chemical3 or more willful potential release of highly-hazardous chemicals, repeat, or failure to abate citations issued

� Egregious CasesOSHA issues citations under “Egregious Case” policy, applies to very serious safety hazards and OSHA cites employers separately for every employee exposed

� Effective June 2010http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=4503

Citation & EnforcementRepeat Violations

� Repeat citations are very costly — up to five times

the penalty of the first-offense citation

� 3 Repeat citations (or 3 Willful and Repeat violations in

combination) will place the employer in SVEP

� Anticipate broadening of OSHA’s willingness and

ability to cite Repeat violations:

� Broadening the scope of what is defined as a “Repeat”

offense under 17(a)

� Citations for a single employer across multiple facilities

may support “Repeat” finding

NEPs Impacting Foundries

� OSHA conducts approx 20,000 national and local emphasis program inspections- increasingly detailed & coordinating multi-site visits

� Amputations

� Crystalline Silica

� Combustible Dust

� Hazardous Machinery

� Hexavalent Chromium

� Lead

� Primary Metal*

� Recordkeeping* Not issued

NEP: Primary Metal - Pending

� Inspections will address at a minimum: � Material handling and storage, cranes & forklifts

� Lockout/tagout and machine guarding

� Hazard assessments, including PPE, fire explosion

hazards with molten metal and emergency action plans

� Air Contaminants (List of 41 substances)

� Review all safety and health programs

� Ergonomic hazards

� Primary Inspection List

� Iron, Steel, Aluminum & Copper Foundries

Iron & Steel FoundriesInjury & Illness Rates FY 10

Recordable Days Away, RestrictedInjury & Illness Cases or Transferred Cases

Industry

Sectors

NAICS

Code

2007 2008 2007 2008

Manufacturing 5.6 5.0 3.0 2.7

Foundries 3315 11.8 10.6 6.2 5.8

Iron 331511 13.6 12.0 6.7 5.9

Steel 331513 13.8 13.7 7.9 8.3

Steel

Investment

331512 8.6 8.9 5.0 4.9

Non-Ferrous FoundriesInjury & Illness Rates FY 10

Recordable Days Away, RestrictedInjury & Illness Cases or Transferred Cases

Industry

Sectors

NAICS

Code

2007 2008 2007 2008

Manufacturing 5.6 5.0 3.0 2.7

Foundries 3315 11.8 10.6 6.2 5.8

Aluminum

Foundries

331524 9.0 10.2 5.5 6.5

Copper

Foundries

331525 10.9 9.3 6.0 5.5

OSHA Enforcement# of Foundry Inspections

Inspection

Dates

Iron

Foundries

(3321)

Steel

Foundries(3325)

Aluminum

Foundries(3365)

7/1/08

6/30/0990

4 out of business

564 out of business

494 out of business

7/1/09

6/30/1069

7 out of business

434 out of business

595 out of business

Top 10 OSHA ViolationsIron Foundries (3321)

1 Air Contaminants -

1910.000

6 Electrical - Wiring -

1910.30

2 Respiratory Protection

- 1910.134

7 Guarding Floor / Wall

Openings - 1910.023

3 Control of Hazardous

Energy - 1910.147

8 Electrical - General -

1910.303

4 Hazard Communication

- 1910.1200

9 Overhead Cranes -

1910.179

5 Permit Required Confined

Spaces - 1910.146

10 Machine Guarding –

1910.212

Top 10 OSHA ViolationsSteel Foundries (3325)

1 Air Contaminants - 1910.000 6 Guarding - Mechanical

Power - 1910.219

2 Control of Hazardous

Energy - 1910.147

7 Lead - 1910.1025

3 Respiratory Protection -

1910.134

8 General Duty Clause –

5(A)(1)

4 Machine Guarding - 1910.212 9 Permit Required

Confined Spaces -

1910.146

5 Powered Industrial Trucks –

1910.178

10 Overhead Cranes –

1910.179

Top 10 OSHA Violations

Aluminum Foundries (3365)

1 Respiratory Protection -

1910.134

6 Spray Finishing - 1910.107

2 Personal Protective Equipment

- 1910.132

7 Control of Hazardous

Energy - 1910.147

3 Machine Guarding - 1910.212 8 Portable Fire Extinguishers

- 1910.157

4 Electrical - General - 1910.303 9 Air Contaminants -

1910.000

5 Occupational Exposure to

Noise - 1910.95

10 Hazard Communication -

1910.1200

How is OSHA Measuring Success?

� Reduce fatalities of 4 leading causes of workplace fatalities � falls, electrocutions, caught in or between, & struck by

� Increase number of targeted hazards abated� hearing loss in manufacturing

� illnesses in general industry

� amputations

� Increase awareness of OSHA rights to improve workers “voice in the workplace”

OSHALarge Foundry Fines

� Iron Foundry (OH) – $214,500 – 7/10� 29 safety & health violations

� lockout/tagout procedures, lack of PPE/Fall Protection, Haz Chem

� Iron Foundry (OH) – $201,500 – 5/10� 29 safety and health + 3 repeat violations

� blocked exit door, lack of adequate PPE & eye protection

� Steel Foundry (OH) - $102,000 – 11/09� 19 safety & health violations

� inadequate protection welding rays & overexposure to silica

� Non-Ferrous (NH) - $254,000 - 10/09� 17 willful & serious violations

� exposure to airborne concentrations of lead

Citation & Enforcement

Expansion of General Duty Clause

� Section 5(a)(1) of the OSH Act states “Each employer shall furnish to each of his employees employment and a

place of employment which are free from recognized hazards that are causing

or are likely to cause death or serious physical harm to his employees.”

� used for ergonomic injuries, combustible dust, and other

OSHA-identified hazards when no standards exist

� Citation issued to retailer for Black Friday stampede that killed worker

� “OSHA has abandoned the General Duty Clause. It is time for

the agency to start using it again.”

“OSHA doesn’t need a new standard if a hazard is serious and

there are recognized measures to mitigate the hazard.”

- Dr. Michaels, 2007

TrainingNew Native Language Initiative

� OSHA cannot mandate safety training be given in

any specific language other than English –

HOWEVER…

� OSHA directing compliance officers to ensure

employees receiving written and oral safety

training in language they understand

� Non-Compliance = Citations & Penalties for

failure to properly train the employees

� make sure safety training is being provided in a

language that their employees understand

Safety & Health

New Challenges from Washington

� Increased Oversight of Industry

� Legislation to Significantly Increase

Penalties & Jail Time

� Future Rulemakings

� Crystalline Silica

� Injury and Illness Prevention Rule

� Combustible Dust (long-term)

How to Prepare for Enforcement

1. Carefully Review and Update Written

Programs after Reassessing Risks

2. Keep Records Organized and Accessible

3. Develop an OSHA Inspection Protocol for

your Company (consider having 2 employees

escort inspectors)

4. Find Good OSHA Counsel

Need Help with OSHA Compliance?

�AFS - Environmental Health & Safety Dept� Webinars, conferences, publications, Industrial Hygiene

Sampling, Safety Audits (mock OSHA inspections) Contact - Fred Kohloff - 847-824-0181/ fhk@afsinc.org

�Insurance Carriers

�Safety Consultants

�OSHA Consultation Program� 250 or fewer workers

� www.osha.gov/dcsp/smallbusiness/consult.html

QUESTIONS?

Stephanie Salmon

Vice President – Government Affairs

AFS – Washington Office

202/842-4864

ssalmon@afsinc.org