OSHA Inspection Activity Remains Vigorous

Federal OSHA is out with their latest inspection data and as expected they continue to maintain its high level of annual inspection activity. In FY2005, OSHA conducted 38,714 total inspections, exceeding its goal of 37,700. Unprogrammed inspections showed an increase over the previous fiscal year. OSHA responded to more employee complaints and conducted more inspections based on referrals from other agencies than the previous year. Programmed inspections continue to focus on high hazard industries, which have the highest lost-time injury rates.

OSHA Inspection Statistics	FY2001	FY2002	FY2003	FY2004	FY2005	% Change 2001-2005
Total Inspections	35,974	37,614	39,817	39,167	38,714	+ 7.6%
Total Programmed Inspections	17,946	20,539	22,436	21,576	21,404	+ 19.3%
Total Unprogrammed Inspections	18,027	17,075	17,381	17,590	17,310	- 4.0%
Fatality Investigations	1,130	1,134	1,021	1,060	1,114	- 1.4%
Complaints	8,374	7,896	7,969	8,062	7,716	- 7.9%
Referrals	4,434	4,447	4,472	4,585	4,787	+ 8.0%
Other	4,089	3,598	3,880	3,829	4,807	+ 17.6

Total Violations Remain at High Levels; Willful Violations Show Significant Gains

In FY2005, 85,307 violations of OSHA's standards and regulations were found in the nation's workplaces; a 9.5 percent increase since 2001. The number of willful violations increased 62 percent over FY2004. Although there has been a slight decrease in the total number of violations issued, this is attributable to OSHA's allocation of resources to the recovery efforts following the devastation of Hurricanes Katrina and Rita. The increase in willful violations shows that OSHA enforcement continues to be strong, identifying employers who intentionally disregarded the law and ensuring that employees are protected from serious hazards. OSHA believes this demonstrates that they are targeting their resources on those employers who have the highest injury and illness rates and on worksites where employees are more likely to be injured or killed on the job.

OSHA Issues Final Standard on Hexavalent Chromium
A final standard covering occupational exposure to hexavlent chromium in general industry, construction, and shipyards was published by OSHA in the Federal Register. The new standard lowers the agency's permissible exposure limit (PEL) for hexavalent chromium from 52 to 5 micrograms per cubic meter of air as an 8-hour time weighted average and includes provisions for respiratory protection, personal protective equipment, recordkeeping, preferred methods for controlling exposure, and more. Hexavalent chromium compounds are most commonly used as a structural and anti-corrosive element in stainless steel, iron, and steel production and in welding and painting.  They have also been associated with lung cancer and skin disorders.

Can You or Can't You Restrict Firearms in Your Parking Lot?

Does your company have a policy barring employees from possessing guns in their employer’s parking lot? 

Recently the U.S. Court of Appeals for the 10^th Circuit ruled that an Oklahoma employer was acting within its legal rights when it fired workers for violating its policy barring firearms in the company’s parking lots.  The fired workers filed a lawsuit claiming wrongful discharge and violation of their constitutional rights.  A district court judge rejected the workers’ arguments.  The workers then appealed to the U.S. Court of Appeals for the 10^th Circuit saying the lower court erred in its decision when it determined a private property owner-employer may impose restrictions upon the lawful keeping and transporting of firearms in locked vehicles parked in the employee parking lot.  The appeals court ruled that the company was acting under the authority of a section of the Oklahoma Self-Defense Act when it fired the workers for violating its policy on firearms.

In March 2004, sixteen months after the company fired the workers for violating its gun policy, the state legislature amended the Oklahoma Self-Defense Act to say:

“No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.”

The fired workers argued that the 2004 amendment applied retroactively, but the appeals court rejected that argument as well. 

A group of employers in the state are challenging the 2004 amendment.  In November 2004, a court granted a temporary restraining order prohibiting the state from enforcing the 2004 amendment.  The employers are seeking a permanent block of this provision. 

NIOSH Improved - Fatality Assessment and Control Evaluation program Page

NIOSH has recently enhanced the Web pages for the Fatality Assessment and Control Evaluation (FACE) program. Through a new subscription feature, readers can receive email notifications of new reports and publications. The FACE Web page, http://www.cdc.gov/niosh/face, provides a feedback link for readers to comment on the usefulness of the FACE reports. There is also a Fire Fighter Fatality Program page http://www.cdc.gov/niosh/fire that includes a series of interactive, educational safety quizzes. For more information, contact Robert Koedam, Chief, Fatality Investigations Team, at rkoedam@cdc.gov.

OSHA Violation Statistics	FY2001	FY2002	FY2003	FY2004	FY2005	% Change 2001-2005
Total Violations	77,893	77,633	83,539	86,708	85,307	+ 9.5%
Total Serious Violations	52,180	53,845	59,861	61,666	61,018	+ 16.9%
Total Willful Violations	537	331	404	462	747	+ 39%
Total Repeat Violations	1,872	1,867	2,147	2,360	2350	+ 26%
Total Other-than-Serious	22,776	21,128	20,552	21,705	20,819	- 8.6%