Top Foundry Violations Metalcasters Face Stepped Up Enforcement

Transcription

1 Top Foundry Violations Metalcasters Face Stepped Up Enforcement Stephanie Salmon AFS Washington Office AFS EHS Conference Nashville, Tennessee August 24, 2010

2 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

3 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

4 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

5 Foundries: Top 20 Most Dangerous Industries Industry Fire protection n/a Police protection n/a Skiing facilities Secondary smelting and alloying of aluminum Steel foundries Sports teams and clubs Heavy and civil engineering construction 8. Sawmill and woodworking machinery manufacturing n/a Nursing and residential care facilities n/a Iron Foundries Bureau of Labor Statistics, 2008

6 Top 20 Most Dangerous Industries continued Industry Hospitals n/a Ambulance services Iron and steel forging Leather and hide tanning and finishing Motor home manufacturing Travel trailer & camper manufacturing Animal (except poultry) slaughtering Prefabricated wood building manufacturing Aluminum foundries Manufactured home (mobile home) manufacturing Bureau of Labor Statistics, 2008

7 OSHA Inspection Priorities Programmed Inspections Expand existing New initiatives Unprogrammed Inspections Imminent danger Accidents and fatalities Complaints and referrals

8 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

9 Total # of Inspections Conducted FY ,000 40,000 38,579 39,324 38,450 39,004 30,000 20,000 12,989 10,000 0 FY06 FY07 FY08 FY09 FY10

10 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

11 Programmed Inspections 15,000 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

12 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

13 Programmed Inspections Severe 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 Hazards 1 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 Chemical 3 or more willful potential release of highly-hazardous chemicals, repeat, or failure to abate citations issued Egregious Cases OSHA issues citations under Egregious Case policy, applies to very serious safety hazards and OSHA cites employers separately for every employee exposed Effective June ECTIVES&p_id=4503

14 Citation & Enforcement Repeat 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

15 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

16 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

17 Iron & Steel Foundries Injury & Illness Rates FY 10 Recordable Injury & Illness Cases Days Away, Restricted or Transferred Cases Industry Sectors NAICS Code Manufacturing Foundries Iron Steel Steel Investment

18 Non-Ferrous Foundries Injury & Illness Rates FY 10 Recordable Injury & Illness Cases Days Away, Restricted or Transferred Cases Industry Sectors NAICS Code Manufacturing Foundries Aluminum Foundries Copper Foundries

19 OSHA Enforcement # of Foundry Inspections Inspection Dates Iron Foundries (3321) Steel Foundries (3325) Aluminum Foundries (3365) 7/1/08 6/30/ out of business 56 4 out of business 49 4 out of business 7/1/09 6/30/ out of business 43 4 out of business 59 5 out of business

20 Top 10 OSHA Violations Iron Foundries (3321) 1 Air Contaminants Electrical - Wiring Respiratory Protection Control of Hazardous Energy Hazard Communication Permit Required Confined Spaces Guarding Floor / Wall Openings Electrical - General Overhead Cranes Machine Guarding

21 Top 10 OSHA Violations Steel Foundries (3325) 1 Air Contaminants Guarding - Mechanical Power Control of Hazardous Energy Respiratory Protection Lead General Duty Clause 5(A)(1) 4 Machine Guarding Permit Required Confined Spaces Powered Industrial Trucks Overhead Cranes

22 Top 10 OSHA Violations Aluminum Foundries (3365) 1 Respiratory Protection Personal Protective Equipment Spray Finishing Control of Hazardous Energy Machine Guarding Portable Fire Extinguishers Electrical - General Air Contaminants Occupational Exposure to Noise Hazard Communication

23 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

24 OSHA Large 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

25 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

26 Training New 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

27 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)

28 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

29 Need Help with OSHA Compliance? AFS - Environmental Health & Safety Dept Webinars, conferences, publications, Industrial Hygiene Sampling, Safety Audits (mock OSHA inspections) Contact - Fred Kohloff / fhk@afsinc.org Insurance Carriers Safety Consultants OSHA Consultation Program 250 or fewer workers

30 QUESTIONS? Stephanie Salmon Vice President Government Affairs AFS Washington Office 202/