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OSHA record keeping update
- 1. OSHA Update Draft11 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 • Onlyfatalities 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 isNeeded? • 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 RegionV • 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 Region5 - 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 Aug2013 • 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 Top10 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.
Editor's Notes
- #4 https://www.osha.gov/recordkeeping2014/OSHA3744.pdf
- #13 http://www.ktvb.com/story/news/local/2014/09/01/workers-died-construction-blackfoot/14943949/
- #17 http://www.mondaq.com/unitedstates/x/256444/Health+Safety/When+Knowing+Is+No+Sure+Thing+11th+Circuit+Requires+OSHA+To+Dig+Deeper+Before+Imputing+Supervisors+Misconduct+To+Employer
- #19 IMIS only