Cleaveland Cliffs Inc OSHA Compliance update
The safety movement begins
Late 1800s
-industrial revolution created the start of some state labor bureaus in the 1870s and 80s and a budding labor movement calling for state factory laws
-Massachusetts passed the nations first factory inspection law in 1877 requiring guarding and fire exits
-US Bureau of Labor started in 1884 but most work was done at state level. State safety and health legislation was badly flawed
Early 1900s
-progressive era and mass circulation of newspapers and magazines helped forge a national movement following some significant accidents
-“Making Steel and Killing Men” article by William Hard
-“US Steel Safety Statistics and Safety Committee” and “Safety First” initiative led to creation of NSC in 1915
-Pittsburgh Survey study of working and living conditions in Allegheny County
-First Workers’ compensation programs started but did little to incentivize companies on accident prevention
-Bureau of Labor started to publish graphic studies of death and disease in the dusty trades (“Phossy Jaw”)-Diamond matchmakers used white phosphorus for their matches. White phosphorous kills the jawbone
Early Federal Action
Congress creates the Department of Labor in 1913
-to improve working conditions and report on industrial diseases and accidents
-US Bureau of Labor Statistics (Formerly US Bureau of Labor) starts compiling accident statistics in the iron and steel industry
-WWI creates crisis in H&S conditions in hard pressed war production industries
Bureau of Labor Standards starts in 1934
-first federal agency established to promote health and safety for the entire workforce
-helped state governments improve their administration of job H&S laws and raise the level of their protective legislation
-federal-state partnership struggled to adequately deal with growing threats to workers’ H&S
Mandatory S&H Standards issued under Walsh-Healey Act of 1960
-DOL’s own set of mandatory safety and health standards
-new rules were not popular-no hearings prior to announcement, labor and industry caught off guard result in hearings in 1963 which led to coordination of programs
The Need for Legislation
-Workplace injuries and illnesses increasing throughout the 1960s
-14,000 worker deaths
-2.5 million workers disabled
-300,000 new occupational disease cases
-need for more comprehensive and uniform production of nations workers
-size of national workforce increasing
-congressional hearings on worker safety were held
-Occupational Safety and Health Act signed by President Nixon on December 29, 1970 and became effective April 28, 1971
State Plans
-Provide for the development, analysis, evaluation, and approval of state occupational safety and health programs
OSHA Compliance Update-OSHA Inspections
Generally, OSHA inspections conducted by a Compliance Officer occur under the following circumstances:
-employee complaint or referral (allegations of hazards or violations by employees; referrals by other federal, state, or local agencies, individuals, organizations, or the media)
-Responses to a Serious Event Report (fatality, injury involving hospitalization, amputation, or loss of an eye)
-Targeted Inspections (inspections aimed at specific high-hazard industries or individual workplaces that have high rates of injuries/illnesses)
-National Emphasis Program Inspection
-Follow-Up Inspections (checks for abatement of violations cited during a previous inspection are conducted in some situations)
Complaints and SER may initiate an on-site visit or an off-site investigation, sometimes referred to as a Rapid Response Investigation
-several variables determine how OSHA addresses the complaint or SER
-involve request from OSHA to provide additional information related to the complaint or the SER
Site Inspections typically involve the following:
-Opening Conference-the compliance officer will provide their credentials, state the purpose of the visit, meet with representatives of management and employees, and collect some background information regarding the site (Federal ID number, number of employees, overview of facility operations, site management and union personnel, and other pertinent information). The inspector may examine the OSHA log.
-Walkaround-The compliance officer will likely want to visit relevant areas of the workplace related to the inspection and will likely conduct interviews with selected employees. Employees can have union representation for these interviews. Management is not allowed in these interviews.
-Closing Conference-the compliance officer will discuss apparent violations, possible courses of action, and may discuss consultation services. They will also advise employee representatives of their rights and obligations (anti-discrimination, right to contest or modification of abatement, etc.)
Typical Information OSHA will request as part of the investigation process:
-OSHA logs (typically last 3 years)
-Applicable training records, policies, procedures, work instructions, etc.
-Interviews with employees
-Incident reports or investigation reports of applicable incidents
If the investigation finds violations citations/notices of penalty may be issued
-they have 6 months from the date of the violation
-citations are mailed via certified mail and are mailed to employee representatives no later than one day after the citation is sent to the employer
In other cases, OSHA may issue a hazard alert letter with recommended actions
Steps to take and deadlines when citations are received
-Correct (or abate) the hazard(s) as quickly and thoroughly as possible
-Document any corrective actions (repairs, revisions to documents, policy updates, training records, purchase orders, etc.). You will have to submit a certification of abatement or show proof of abatement.
-Post the Citation or a copy of it near the place where the violation occurred
-Alerts employees of the hazard(s) they may be exposed to
-must be posted for 3 working days or until the hazard(s) are abated-whichever is longer
Options following Receipt of Citation/Notice of Penalty
- Informal Conference with Area Director
- This is an opportunity to discuss the citations and propose alternatives (dispute findings, provide clarification, discuss initial abatement measure, consideration for alternative reference standard or reclassification, negotiate proposed abatement dates, etc.)
- Must be requested within 15 working days of receipt of citation
- OSHA may offer an Expedited Informal Settlement Agreement (EISA)
- Often offered when abatement measures are noted at the line of inspection, or the company has demonstrated good faith in the past or through addressing the violative action
- Means you accept the citation and the terms of abatement
- Typically offers a 30% reduction in the penalty
- Contest all or a portion of Citation(s)
- Must contest in writing to OSHA within 15 working days from the date of receipt
- Accept the citation and notice of penalty
- If you accept or fail to contest within the 15 working day window, the citation becomes a final order not subject to review by any court or agency
- Correct the condition by the date mentioned in the citation(s)
- Submit the certification of abatement letter to document the hazard(s) are corrected
- Initiate payment of the proposed penalty
Contest Process
Issuing Letter/Notice of Contest
-can contest all citation items or individual items
-can also contest proposed penalties, and/or abatement dates without contesting the underlying violation
-must inform the area director in writing within 15 working days after receipt
Provides the right to challenge the citation before the Occupational Safety and Health Review Commission (OSHRC)
-Independent agency that hears employer contests of OSHA citations
-employers and employees have the right to participate in this hearing before an administrative law judge
-self representation or have an attorney present
-ALJ may affirm, modify, or eliminated any contested items of the citation or penalty
Appeals Process
-Once the ALJ has ruled, any party to the case may request a further review by the full commission
-The commission’s ruling can be appealed to the federal circuit court
Top 10 most cited standards
- Fall Protection-5915 violations
- Hazard communication-2639 violations
- Ladder-2449 violations
- Respiratory protection-2412 violations
- Scaffolding-2251 violations
- Control of hazardous energy (lockout/tagout)-2139 violations
- Powered industrial trucks-1896 violations
- Fall protection: training requirements-1762 violations
- Personal protective and lifesaving equipment eye and face protection -1572 violations
- Machine guarding-1469 violations
OSHA UPDATE-NEW STUFF
On January 26th, the US Department of Labor announced that OSHA issued new inforcement guidance
-the intent to make its “penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements”
-it provides Regional Administrators and Area Office Directors the authority to cite certain types of violations as “instance-by-instance citations” for cases where the agency identifies “high-gravity” serious violations of OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of non-compliance
Lockout/Tagout
Machine guarding
Permit-required confined space
Respiratory protection
Working at heights/falls
Trenching
Other-than-serious violations specific to recordkeeping
-the change is intended to ensure osha personnel are applying the full authority of the osha act and to increase citations in order to discourage non-compliance
-the new guidance becomes effective 60 days from January 26, 2023
-the current policy has been in place since 1960 and applies only to egregious willful citations
In a 2nd action, osha is reminding its regional administrators and area directors of their authority not to group violations and insead cite them separately
-normally, grouping is considered appropriate when the same abatement measures correct multiple violations and/or when substantially similar violative conduct or conditions giving rise to the violations are involved
-the new memorandum stipulates that where grouping does not elevate the gravity or classification and resulting penalty, then violations should not be grouped if the evidence allows for separate citations
On July 17th, 2023 the US Department of Labor announced a final rule that will require certain employers in designated high-hazard industries to electronically submit injury and illness information to osha
The final rule takes effect on January 1st, 2024 and includes the following requirements:
-establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300 Log of Work-Related injuries and illnesses (OSHA log) and form 301-Injury and Illness Incident report to osha annually
-these submissions are in addition to the submission of form 300A-Summary of Work-Related Injuries and Illnesses that have been required previously
-Due date for submission is March 2, 2024
OSHA will publish some of the data collected on its website to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions
Lockout/tagout (Control of Hazardous Energy)
-requirements under 1910.147 have been largely unchanged since the final rule in 1989
-recent technological advancements that employ computer-based controls of hazardous energy
-national consensus standards and international standards exist that govern use of computer-based controls
Respirable Crystalline Silica (RCS)
-original final rule in 2016. Some stakeholders weren’t satisfied with final rule-specifically that there was no medical removal provision
-US Court of Appeals for the district of Colombia circuit concluded that osha failed to adequately explain its decision to omit medical removal protection from the rule and remanded the rule for further consideration of the issue
Worker Walkaround Representative Designation Process
-Proposal to amend its Representatives of Employers and Employees regulation to clarify that the representatives authorized by employees may be an employee of the employer of a third party
-Employee representatives may accompany osha compliance officers when they are reasonably necessary to aid in the inspection
In accordance with the federal civil penalties inflation adjustment act improvements act of 2015, osha announced new maximum penalty amounts that may be assessed as of January 15th, 2023.
Serious, Other than serious posted requirements-$15,625/violation
Failure to abate-$15,625 (per day unabated beyond the abatement data-generally limited to 30 days)
Willful or repeated- $156,259/violation
States that operate their own occupational safety and health plans (eg. Indiana and Michigan) and required to adopt maximum penalty levels that are at least as effective as federal osha’s
Warehousing and Distribution Center Operations 7/13/2023
-provides guidance on inspecting warehousing and distribution center operations and conducting comprehensive safety inspection focusing on PIT operations, material handling/storage, walking-working surfaces, means of egress, and the protection
Fall Prevention/Protection 5/1/23
-designed to significantly reduce or eliminate unprotected worker exposures to fall-related hazards
Combustible Dust 1/30/23
-focuses on workplaces that generate or handle combustible dusts that are likely to cause fire, deflagration and/or explosion hazards
Outdoor and Indoor Heat-Related Hazards 4/8/22
-designed to more clearly set forth employer obligations and the measures necessary to more effectively protect employees from hazardous heat.
-intended goal is to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat
-BLS data from 1992-2019 suggests there were 907 fatalities linked to excessive environmental heat stress (~35/year)
-in 2019, there were 43 work-related deaths due to environmental heat exposures.