The Occupational Safety and Health Administration (OSHA) has once again set some aggressive policy goals for the year to come. However, much like the recent past, the intentions are likely to fall short. In reality, the agency is staring down some serious cutbacks as a result of the political and financial climate.

Despite the challenges that lie ahead, the agency made some significant progress in 2015. OSHA’s record-keeping rule went into effect in January 2015. The newly revised rule set forth requirements for reporting work-related fatality, injury and illness information. It amended the old standard by requiring employers to report all work-related inpatient hospitalizations, as well as amputations and losses of an eye, to OSHA within 24 hours of the incident.

Despite a number of trade associations advocating for an extension, compliance with OSHA’s Hazard Communication Standard on updating labels and Safety Data Sheets took effect June 1, 2015. Those hoping for an extension wanted OSHA to push the compliance date back to 2017. However, their requests were denied.

Crystalline silica exposure

OSHA is still at the proposed stage of changing crystalline-silica-exposure standards. A number of industry associations have voiced concerns about the practicality of implementing certain measures of the silica regulation.

“Some of the suggested control measures for silica, like spraying water to reduce dust, simply wouldn’t work on inside construction projects,” said Michael Johnston, National Electrical Contractors Association (NECA) executive director. “As electrical contractors, we make every effort to keep water away from electrical installations in progress.”

Some experts believe OSHA is dragging its feet on this proposed rule change and that a final version may not be seen for a long time. This may be attributed to the amount of opposition from the industry. The proposed rule was also derived from outdated information. Recently, the Senate Appropriations Committee passed an amendment to the spending bill that would prohibit any funding to enforce silica regulations until a new rule can be drafted with updated data. The amendment was submitted by Sen. John Hoeven (R-N.D.).

“My amendment would not only ensure that the latest science is used by OSHA, but also that this agency conducts a long overdue study of the impact of current silica regulations on small businesses,” Hoeven said.

In June, the National Institute for Occupational Safety and Health (NIOSH) released a silicosis update. It included new information about silicosis and how a wide range of workers in numerous industries are exposed to silica.

“While silicosis mortality in the U.S. has declined over time, the continuing occurrence of silicosis deaths in young adults and reports of new occupations and tasks that place workers at risk for silicosis underscore the need for strengthening efforts to limit workplace exposure to respirable crystalline silica,” the update states.

Confined spaces

In August, OSHA’s new confined space standard for the construction industry went into effect. The regulation defines confined and enclosed spaces using industry examples such as storage tanks and underground utility vaults.

According to Assistant Secretary of Labor for OSHA David Michaels, confined spaces in the construction industry are very different from those found in most general industry work sites.

“Construction sites are continually evolving with the number and characteristics of confined spaces changing as work progresses,” he said. “This rule emphasizes training, continuous work-site evaluation and communication requirements to further protect workers’ safety and health.”

The rule requires employers to classify confined spaces according to physical and atmospheric hazards identified by an assessment of the space. For the construction industry, there are now four classifications: isolated-hazard confined space, controlled-atmosphere confined space, permit-required confined space and continuous system permit-required confined space. Permit-required spaces are similar to those addressed in OSHA’s General Industry Standard.

Tracking workplace injuries and illnesses

In October, OSHA submitted a draft final rule for a proposed rule to improve workplace injury and illness tracking to the Office of Information and Regulatory Affairs. OSHA’s goal was to have the final version issued and in effect by January 2016; however, it appears that it will take a little longer than expected.

When the final rule is issued, it will require employers subject to requirements for injury and illness record-keeping to electronically submit certain information from the OSHA 300 Log, OSHA 301 Incident Report and OSHA 300A summary. At present, employers are only required to submit this information upon request, typically as part of an inspection or survey.

“With the changes in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities,” Michaels said.

OSHA recorded 91 fatalities and 17 injuries from incidents involving communication towers from 2003 through 2013. Seventy-nine of the fatalities were due to falls.

Working surfaces and fall protection

OSHA has also submitted draft final rules for walking and working surfaces and personal fall-protection systems standards. These changes will incorporate current technologies for preventing slip, trip and fall hazards and establish requirements for personal fall-protection systems. These final versions are likely to be released soon.

Upcoming rules

In OSHA’s 2016 regulatory agenda, a number of actions are up for consideration. Seven are at the prerule stage, which means the agency is gathering information to create a new standard or make changes to an old one. Two or three of these may affect electricians, linemen and wiremen. The rules include communication-tower safety, combustible dusts and blood-borne pathogens.

OSHA recorded 91 fatalities and 17 injuries from incidents involving communication towers from 2003 through 2013. Seventy-nine of the fatalities were due to falls. Structural collapses killed eight people, three fatalities involved electrocutions, and the last fatality was due to an employee being struck by a load while working on a tower. Falls were also the leading cause of injuries among communication-tower workers.

As a result, OSHA is gathering information regarding industry best practices, safety practices, certifications, training and current industry consensus standards. This preparation is to develop a proposed standard on communication-tower safety.

OSHA is conducting similar efforts in the area of combustible dusts.

There are also a number of proposed rules and ongoing efforts to modify existing standards. At present, those address crane-operator qualification in construction, amendments to the Cranes and Derricks in Construction Standard and occupational exposure to beryllium.

Budgetary woes

When President Barack Obama issued his fiscal year (FY) 2016 Department of Labor budget request, he asked for an additional $39.3 million in funding for OSHA. The extra money would employ 90 new full-time staff members. Sixty of those positions would be dedicated to regulatory enforcement. With the additional funding, OSHA anticipates conducting 37,785 inspections in 2016.

In addition to enforcement, OSHA is hopeful to expand whistleblower-protection programs. According to the FY 2016 budget request, $5.1 million more would be directed to these types of activities by, “improving investigation timeliness and quality as well as access to information about rights afforded those who file a whistleblower complaint.” It also includes an increase of $3.3 million to modernize its process safety management (PSM) and other chemical-related standards.

The president’s request for increased funding is unlikely to be fulfilled. In June, the House and Senate Appropriations Committee passed versions of a spending bill that would actually cut OSHA’s budget, prohibiting inspectors from allowing third parties to accompany compliance officers on inspection without a vote of approval by employees and defunding the Susan Harwood Training Grant Program.

Dissenting Senate Democrats issued a press release stating: “This would reduce OSHA’s ability to enforce the Occupational Safety and Health Act, resulting in thousands of fewer investigations of potential workplace health and safety issues affecting tens of thousands of workers.”

In addition, a coalition of more than 75 worker safety groups and trade associations sent a letter to the president, urging him not to sign off on any budget cuts passed by Congress.

“Each year, 4,500 workers are killed on the job,” the letter states. “Over 3 million suffer serious occupational injuries, and 50,000 die of occupational illnesses attributable to past workplace exposure to hazardous agents … As it is, there is only enough capacity for the average workplace to see an inspector every 99 years thanks to low staffing and incessantly inadequate budgets.”

Congress is also pushing for greater enforcement by OSHA. However, in October, Michaels testified before Congress in an appropriations hearing.

“The fewer inspections we do, the more injuries are going to occur, and the more costs are going to go up, and so we know this is going to have bad impact on workers,” he said.

He also noted that the agency is inspecting less than 40 percent of injury and illness reports that have been made under the new reporting standards effective last January.

All of the political jockeying that took place over potential changes were all for naught. In the final hours before the holiday recess, Congress approved an omnibus appropriations bill for FY 2016. The legislation was swiftly signed into law by President Obama to avoid another government shutdown. The law ultimately results in the same spending levels for OSHA as 2015.

Whether OSHA’s budget is cut or not, achieving all of its policy goals for 2016 will be an uphill climb. However, the progress the agency makes will reduce the number workplace injuries, illnesses and fatalities. For more information on the topics in this article or to review OSHA’s regulatory agenda or budget request, visit www.osha.gov.

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