Presented by: OSHA’ R SITE ROGRAM 01 16 OSHA 3030 Slides.pdf(View the slides via webinar, and the...
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Presented by: Manesh K. Rath Partner [email protected] Javaneh Nekoomaram Associate [email protected] OSHA’S REVIVAL OF ITS SITE- SPECIFIC TARGETING PROGRAM Copyright © 2019 January 16, 2019 1001 G Street NW, Ste. 500 W, Washington, D.C. www.khlaw.com
Transcript of Presented by: OSHA’ R SITE ROGRAM 01 16 OSHA 3030 Slides.pdf(View the slides via webinar, and the...
Presented by:
Manesh K. RathPartner
Javaneh NekoomaramAssociate
OSHA’S REVIVAL OF ITS SITE-SPECIFIC TARGETING PROGRAM
Copyright © 2019
January 16, 20191001 G Street NW, Ste. 500 W,
Washington, D.C.
www.khlaw.com
Please Don’t Forget to Dial-In:Conferencing Number: (800) 768-2983
Access Code: 434 4318(View the slides via webinar, and the sound via phone, above)
An audio recording and slide deck will be provided post-webinar on www.khlaw.com/osha3030
Copyright © 2019www.khlaw.com
3Copyright © 2019
MANESH K. RATHManesh Rath is a partner in Keller and Heckman’s litigation and OSHA practice groups. He has been the lead amicus counsel on several cases before the U.S. Supreme Court including Staub v. Proctor Hospital and Vance v. Ball State University.
Mr. Rath is a co-author of three books in the fields of wage/hour law, labor and employment law, and OSHA law. He has been quoted or interviewed in The Wall Street Journal, Bloomberg, Smart Money magazine, Entrepreneur magazine, on "PBS's Nightly Business Report," and C-SPAN.
Mr. Rath currently serves on the Board of Advisors for the National Federation of Independent Business (NFIB) Small Business Legal Center. He served on the Society For Human Resources (SHRM) Special Expertise Panel for Safety and Health law for several years.
He was voted by readers to Smart CEO Magazine's Readers' Choice List of Legal Elite; by fellow members to The Best Lawyers in America 2016, 2017 and 2018; selected by Super Lawyers 2016 – 2017, 2017 – 2018; and by corporate counsel as the 2017 Lexology winner of the Client Choice Award.
Manesh RathPartner
4Copyright © 2019
Javaneh Nekoomaram is an associate in the environmental and workplace safety and health (OSHA) practice groups at Keller and Heckman. Ms. Nekoomaram practices in all areas of environmental law as well as occupational health and safety law, and chemical control law. She routinely advises clients on a broad range of environmental health and safety compliance issues.
Prior to joining Keller and Heckman, Ms. Nekoomaram served for three years as Counsel for the American Coatings Association. She provided regulatory compliance and advocacy on a number of issues on behalf of the coatings industry including TSCA, Prop 65, hazard communication and labeling, state chemical regulation, hazardous waste, air and water quality, occupational health and safety, and chemical safety regulations. She also served as Advocacy Counsel for the Graffiti Resource Council, an organization supported by the aerosol coatings industry that provides anti-graffiti strategies for cities across the country.
JAVANEH S. NEKOOMARAM
Javaneh S. Nekoomaram
Associate
202-434-4176
5Copyright © 2019
View the entire library of priorOSHA 30/30s here:
www.khlaw.com/OSHA3030
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Background on OSHA’s Site-Specific Targeting Program
Overview of OSHA's Site-Specific Targeting 2016 (SST-16)
Use of electronically-submitted injury and illness data to target employers
What employers should do
TOPICS TO BE DISCUSSED
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OSHA’s targeted site-specific inspection initiative
• Could support comprehensive, wall-to-wall inspections
Prior to 2014 (SST ended in 2014)
• Based on ODI data supplied by employer
• Gathered DART data
In addition to SST, OSHA uses:
• Unprogrammed inspections
• National Emphasis Programs
• Regional/Local Emphasis Programs
BACKGROUND: SITE-SPECIFIC TARGETING PROGRAM
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10/16/2018: OSHA published notice implementing “Site-Specific Targeting 2016” (SST-16)
Inspection plan applies to:
• Non-construction workplaces (general industry)
• Employers with 20 or more employees
OSHA to focus resources on high injury rate establishments
• Will select individual establishments for inspection based on injury and illness data submitted electronically to OSHA for CY 2016
OVERVIEW OF SST-16
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Data from OSHA forms 300A for CY 2016
Applied to establishments with:
• 20-249 employees at any time during the year in covered “high hazard” industries
• 250+ employees at any time during year in covered industries
Due Dec. 15, 2017 through ITA portal
• More than 214,000 submissions sent
• More than one-third of workplaces failed to submit reports
REMINDER: WHAT WAS DUE IN 2016?
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SST-16 plan selects establishments based on Form 300A data
OSHA to create SST lists based on:
• High DART rate establishments (no threshold defined)
–50% manufacturing sector, 50% non-manufacturing sectors
• Random sample of establishments who did not submit required 2016 Form 300A data
• Random sample of low DART rate establishments
Applies to non-construction, over 20 employee establishments
USE OF ELECTRONICALLY-SUBMITTED INJURY AND
ILLNESS DATA TO TARGET EMPLOYERS
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Area Office must inspect all establishments on inspection list
Establishments can be deleted from inspection list if:
• Received comprehensive safety or health inspection w/in 36 mos.
• Public sector employers
• Approved participant in VPP
• Approved participant in SHARP
• Office-only establishments
• SVEP will not be deleted from SST list
USE OF ELECTRONICALLY-SUBMITTED INJURY AND
ILLNESS DATA TO TARGET EMPLOYERS
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OSHA’s focus will be on:
• Establishments with “high” DART rates
• Those who did not submit injury and illness data for CY 2016
Review DART rates, possible patterns, by establishment
Identify establishments for deletion from list
Keep records of electronic injury and illness submissions to ITA (or attempts to submit)
Conduct internal compliance audits
Monitor if state adopts inspection policy identical to SST program
Next reporting deadline: March 2, 2019 (CY 2018 Form 300A data)
WHAT EMPLOYERS SHOULD DO
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MORE FROM THE OSHA 30/30:
Listen as a Podcast:The OSHA 30/30 is now available as a Podcast!Find it here:• Khlaw.com/osha3030• Or on any podcast streaming service (iTunes,
Podcast Addict)
Catch Manesh Rath on Twitter:
@RathManesh
Connect with us on LinkedIn:1. Manesh Rath, David Sarvadi, Larry
Halprin, Javaneh Nekoomaram, John Gustafson
2. Keller and Heckman Workplace Safety and Health
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Please join usat 1:00 PM Eastern U.S.
February 27, 2019www.khlaw.com/OSHA3030
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Please join us at 1:00 PM ESTWednesday, February 13, 2019www.khlaw.com/TSCA-3030
Next session to be scheduledwww.khlaw.com/FIFRA-3030
Please join us at 1:00 PM ESTWednesday, February 27, 2019www.khlaw.com/OSHA3030
Please join us at 1:35 PM ESTWednesday, February 13, 2019www.khlaw.com/REACH-3030
17Copyright © 2019
Javaneh NekoomaramAssociate
Manesh RathPartner
Thank you!
Keller and Heckman LLP1001 G Street NW
Suite 500 WestWashington, DC 20001
(202) [email protected]
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