The document summarizes new OSHA reporting requirements for employers that take effect on January 1, 2015. All work-related fatalities must be reported within 8 hours, and all inpatient hospitalizations, amputations, and losses of an eye must be reported within 24 hours. Employers can report to OSHA by phone or online. The new reporting rules will help OSHA identify workplaces with greater risks and target enforcement and assistance efforts. The Midwest region estimates receiving reports of 3,000 amputations and 10,000 hospitalizations in 2015 due to the new rules.

1. OSHA Update
Draft 11 18 2014
John Newquist
johnanewquist@gmail.com
815-354-6853

2. New Rule
• As of January 1, 2015, all
employers must report:
• All work-related fatalities within
8 hours.
• All work-related inpatient
hospitalizations, all amputations
and all losses of an eye within 24
hours.
• You can report to OSHA by:
• Calling OSHA’s free and
confidential number at 1-800-
321-OSHA (6742)
• Calling your closest OSHA Area
Office during normal business
hours – Aurora 630-896-8700
• Using the new online form that
will soon be available.
“Jordan Barab We will not be
inspecting all reports, but we
will have some contact with
them.”

3. Further
• Only fatalities occurring
within 30 days of the
work-related incident
must be reported to
OSHA.
• Further, for an inpatient
hospitalization,
amputation or loss of an
eye, these incidents
must be reported to
OSHA only if they occur
within 24 hours of the
work-related incident.
The Midwest Region in Chicago is
estimating 3000 amputations and
10,000 hospitalization called in in
2015.

4. What Information is Needed?
• Employers reporting a fatality, inpatient
hospitalization, amputation or loss of an
eye to OSHA must report the following
information:
• Establishment name
• Location of the work-related incident
• Time of the work-related incident
• Type of reportable event (i.e., fatality,
inpatient hospitalization, amputation or
loss of an eye)
• Number of employees who suffered the
event
• Names of the employees who suffered
the event
• Contact person and his or her phone
number
• Brief description of the work-related
incident

5. OSHA in 2014
OSHA $14 million cut for
2014
• OSHA investigated 848
fatalities
• 36, 054 inspections.
Shutdown meant less
inspections
• 146 Sigcases
• 7 egregious cases
"OSHA will now receive crucial reports of fatalities and severe work-related
injuries and illnesses that will significantly enhance the agency’s ability to
target our resources to save lives and prevent further injury and illness.
This new data will enable the agency to identify the workplaces where
workers are at the greatest risk and target our compliance assistance and
enforcement resources accordingly."
— Assistant Secretary of Labor for Occupational Safety and Health, Dr.
David Michaels

6. Leadership in Region V
• Nick Walters
• 24 Years Experience
• Two Criminal
Convictions Won
• Lockout Expert
• Exceptional fatality
investigator
• Auditor
• Area Director
• National Office
Enforcement Program
“Want consistent approach on these
amputations and hospitalizations.
Region 5 might get 3000 amputations
and 10,000 hospitalization.”
Nick Walters Oct 2014

7. OSHA In Region 5 - 2014
• 6349 inspection in
2014
• 52 Sigcases
• 4 egregious cases
• Region 5 investigated
621 whistleblower
complaints. 327 were
11c cases
• 253 federal VPP
Nick Walters “We try very hard
so that our resources are
focused on fatalities and fatality
prevention”

8. Criminal 2014
• US Marshalls take IL trenching contractor to jail.
• "A U.S. Marshall has taken an Illinois business owner into custody after
the employer failed to correct serious trenching hazards and pay OSHA
penalties.
• On Oct. 27, the Seventh Circuit Court of Appeals granted a motion filed
by Secretary of Labor Thomas E. Perez against the owner of Mike Neri
Sewer & Water Contractor Inc., based in Elk Grove Village, Ill.
• This action followed the owner's long history of failing to comply with
OSHA standards and orders of the independent Occupational Safety and
Health Review Commission.
• In October 2013, the Court issued an enforcement order against Neri
and when he failed to comply, the Court held Neri in contempt in July
2014 and threatened him with possible incarceration.
• Last week, after receiving no response from Neri, the Court granted the
Secretary's motion to proceed with coercive actions, ordering the U.S.
Marshal to place Neri in the custody of the Attorney General.
• Neri will remain in custody until a District or Magistrate Judge certifies
to the Court that he has either fully complied with the Court's
enforcement order or has demonstrated he is unable to comply.

9. Criminal 2014
• U.S. Sino Investment, its
owner and a project
manager were indicted
Monday on involuntary
manslaughter charges in
the cave-in death of a
construction worker at a
Milpitas building site.
• Raul Zapata Mercado,
38, was killed January
28, 2012, after a 12-ft.
wall of dirt collapsed on
top of him

10. November 2014
• LaPorte TX
• The four (dead)
workers were
overcome about 4 a.m.
Central Standard Time,
apparently as they
were responding to the
leak of the gas, methyl
mercaptan, according
to the plant’s manager,
Randall Clements.

11. Confined Space 2014
• Pekin IL
• Two dead in tank at Ag
chem plant
• Rescue Provisions are
being targeted
• Too often entry is
contracted out with
the rescues not
planned.

12. September 2014
• Idaho.
• Jody Taylor says his son, 19-year-old Bo
Taylor, and a co-worker, 46-year-old
Trent Sorensen both died. Jody says it
was a toxic combination of fumes inside
a manhole that caused his son to pass
out, then drown in the water below.
• "The sealant we figure is what put off
the fumes with the reaction of PVC liner,
the fumes reacted with each other,"
said Taylor
Example of a PVC lining

13. Confined Space 2014
• Scottsdale AZ
• Two died
• Three employees with
Camp Industries were
doing some
maintenance or repair
work on the sewage
pumps, which were
approximately 15 feet
below the surface.
• H2S

14. Common Training Citations
• General Industry
• Respirators
• Fire Extinguishers
• Lockout
• HazCom/GHS
• Forklifts
• PPE
• Electrical Safe Work
Practices
• Construction
• Falls
• Scaffolds
• Ladders
• General
• Hazcom/GHS

15. Employee Misconduct Defense
• More important than ever to establish strong unavoidable
employee misconduct defense.
• All four elements required
(1) Program for the specific hazard, e.g. fall, electrical, lead,
asbestos, cadmium, forklift
(2) Employee training (documentation)
(3) Prior enforcement (disciplinary records)
(4) No reasonable opportunity for supervisor to identify and correct
hazard
“If you do not train, you cannot make the unavoidable employee
misconduct defense”

16. Comtran August 2013
• Comtran
• Big loss to OSHA in court
• " The court first determined
that the foreman knew or
should have known about his
own misconduct,
notwithstanding his testimony
that he was not aware of the
excavation and cave-in
hazards because he became
"lost" in his work“
• Work Rule
• Inspection
• Training
• Enforcement
• The analysis must be different
when the violation at issue is
committed by only a single
supervisor.
• Six foot deep hole with 4 feet
of spoil at edge.

17. Calloway Lawsuit Aug 2013
• On June 6, 2005, two of
Hamilton's employees,
father and son Herman
Calloway, Sr. (Senior), and
Herman Calloway, Jr.
(Junior), were working in a
trench. The trench
collapsed, killing Senior and
injuring Junior.
• Jury found Senior 49%
contributory negligent.
• CM ordered to pay Junior
$8.5 million.
• CM ordered to pay Senior's
estate $1.0 million.
• Construction Manager
• CM had the authority to
stop unsafe work that he
observed.
• CM provided safety
orientation to all
subcontractors and
contractors
• 34-page site-specific
"Safety Plan“
• CM told Senior to use
proper trenching
equipment

18. FY 2013
Top 10 Most Cited Standards
(Construction Industry)
1. Fall Protection
2. Scaffolding
3. Ladders
4. Fall Protection, Training
Requirements
5. Hazard Communication
6. Head Protection
7. Eye & Face Protection
8. Aerial Lifts
9. Electrical, Wiring
Methods
10. Excavation, Specific
Excavation
Requirements

19. Background
• Classes: OSHA 10/30 Hour,
Incident Investigation,
Confined Space, Excavation
Safety, Cranes Signaling and
Rigging, Fall Protection,
Scaffold Safety, and many
more
• Services: Mock OSHA
Inspections, Site Safety
Audits, OSHA Litigation
• 34 years working with top
Consultation, Expert Witness,
companies to achieve ZERO injuries
Reducing Worker
Compensation Risk, Improving
Site safety 19
• Certified Safety Professional
• OSHA 1983-2012
• Founding Member of ANSI Z359
• 815-354-6853
• Johnanewquist@gmail.com

20. Questions
Discussion