Baton Rouge Area

Office

OSHA UPDATE

Alex Novas
Compliance Assistance Specialist

Contents
3
1

New Administration

Enforcement

Compliance Assistance

The Road Ahead

New Administration

Secretary of Labor Hilda Solis

Acting Assistant Secretary/OSHA Jordan Barab
Current Nominee/David Michaels

Nominee/David Michaels
Interim

Head, Department of Environmental and

Occupational Health George Washington Health,
University School of Public Health

Epidemiologist
Author, Doubt is Their Product: How Industries Assault

on Science Threatens Your Health

Michaels

has urged a comprehensive safety and

health program standard

Occupational Safety and Health

Review Commission
Thomasina Rogers confirmed as Chair
Horace

Topper Thompson, formerly

Chair, now serves as second commissioner

No,

mention of any nominees for third

Commissioner position

Where is Enforcement Going?

Recordkeeping
Training

OSHA compliance officers

National Emphasis Program
Low

rate employers in a high rate industry

Under reporting
Citation

and penalty

Where is Enforcement Going?

Enhanced

Enforcement Program

OIG

report Enhanced Enforcement Program

Redrafting the program Severe Violators Inspection
Program

Better

defined criteria
Follow-up

Where is Enforcement Going?

American

Reinvestment and Recovery Act

(ARRA) 2009
$727.3 Billion
Infrastructure

projects

Construction
Green

energy
Supporting industries
Enforcement

and compliance assistance

Where is Enforcement Going?

Process

Safety Management (PSM)

Oil

refinery NEP
Chemical Plant NEP
The

PSM standard is not being followed or

understood

Combustible

dust Rule Making Announced

Where is Enforcement Going?

Diacetyl

and flavorings In Progress

Ergonomics
Oil

and gas well drilling

Areas of Interest for Construction

Employers
Cranes and Derricks
Hazard

Assessment
Assembly Disassembly
Power Lines
Multi-Use Equipment
Training
Operator Certification

Update: Cranes and Derricks in

Construction
October
March

9, 2008- Rule Proposed

20, 2009- Hearing Concluded

May

19, 2009- Comment Period Closes (New

Information, Statistics, and Comments in
Support of Hearing Participants Testimonies)

June

18, 2009- Record Closes (Legal briefs

and Post-Hearing Comments from Hearing
Participants)

Areas of Interest for Construction

Employers
Confined Spaces
Hazard

Assessment
Classification of Spaces
Training
Non-Entry Rescue Methods

Update: Confined Spaces in

Construction
November
July

28, 2007- Rule Proposed

23, 2008 - Hearing Concluded

October

18, 2008 - Record Closed

- Comments Are Being

Analyzed

Currently

Case Law Update

Secretary v. Summit Contractors

Multi-employer worksites in construction

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.

5a.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.)

The majoritys opinion upholds OSHAs 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.

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.

OSHAs Top 10 Violations:

FY2008 (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

OSHAs Top 10 Violations:

FY2008 (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 Americas Workers Act

HR 2067

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
More focus in training to employee and
documentation
Review company recordkeeping
Focus on PPE standard requirements
Focus on evacuation plans and
emergency response

Cooperative Programs

Voluntary Protection
Programs

Alliance Program

Strategic Partnership
Program

On-site Consultation
Programs Safety and
Health Achievement
Recognition Program

Compliance Assistance
Allows

OSHA to reach millions of employees

across the country
Focus on Prevention
Training

& Education
Outreach Programs
Dissemination of CA tools & information
Disaster Response
Hurricane Gustav B.R. 2008
WTC
N.Y.2001

Conferences
NADA N.O.
2009

OSHA THE RESOURCE

Website

: www.osha.gov

180 million page views since 1995

Toll

free #: 1-800-321-OSHA
1-800-321-6742
QuickTakes
eTools
Spanish language Website

OSHA Consultation Service

LOUISIANA WORKFORCE
DEVELOPMENT
1001 N. 23rd Street
Baton Rouge, LA 70804
225.342.9601
800.201.2495
www.laworks.net

Pandemic Flu

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 employers 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 OSHAs
website at www.osha.gov.