The primary mission of all state plans is to ensure every worker goes home healthy and whole.
Enforcement plays a critical role in fulfilling this mission. Each state plan has legislative
authority to monitor safety and health conditions in the workplaces covered by its program.
The state-plan states continually review targeting systems to make sure they are inspecting those
establishments that have the most problems and avoid inspecting those establishments that are
providing a safe and healthful work environment.
Each state-plan’s legislation proscribes how these monitoring or inspection visits will occur.
Because this statutory authority prevents the programs from giving advance notice, compliance
officers may not set up an appointment prior to the initial visit. The state plans are also required
to issue citations and assess penalties for identified hazards.
Every day, more than 1,300 enforcement personnel in the state-plan states work diligently to help
ensure workplaces are as safe and healthy as possible. It is the goal of these compliance officers
to conduct inspections in a professional and efficient manner, with minimal disruption in the
workplace.
Safety and health programs
Minnesota
Minnesota requires employers in industries with high injury and illness incidence and severity rates
to develop a written workplace safety and health program. Under Minnesota’s A Workplace Accident and
Injury Reduction (AWAIR) Act, employers of 25 or more employees are required to establish a joint
labor-management safety committee.
Oregon
Oregon OSHA’s (OR-OSHA’s) emphasis areas in fiscal-year 2005 were: falls, silica and lead in
construction. OR-OSHA has agreed to target 5 percent of its annual inspections in each of these
areas.
Washington
Washington requires every employer to develop a written plan (Accident Prevention Program, or APP)
addressing the hazards of that business. The plan must include a safety and health committee of
employer and employee representatives, and employee training about safe work practices. Washington
has developed videos, workshops and online sample programs to help employers and their employees
establish accident prevention programs on their own. Washington’s APP Web site includes sample
programs for general industry, as well as industry-specific samples for construction, agriculture,
firefighting, logging, masonry, restaurants and sawmills. It is online at www.lni.wa.gov/safety/basics/programs/accident/default.htm.
In addition, the Web site has sample programs for chemical hazard communication, confined space,
respiratory protection and hearing loss prevention. Employers can also request an on-site
consultation for assistance with developing written programs.
Site-specific targeting
Alaska
Alaska continues to use workers’ compensation data to target worksites with high injury or illness
rates. This data is typically current to within 60 days. As a result, the reliability of the
targeting method is improved. Worksites with significant injuries and injury rates are placed on a
high-hazard target (HHT) list used to make enforcement efforts efficient and effective.
AKOSH has two local-emphasis programs to include the public sector and worksites qualified as HHT
sites. HHT sites are notified of their status as potential enforcement inspection targets and
provided an opportunity to request a consultation visit. The sites that choose to have a
comprehensive consultation visit and voluntarily correct identified hazards can be removed from the
HHT list.
Arizona
Arizona has developed an inspection targeting program that uses workers’ compensation data to
identify individual employers with high rates of claims.
California
California OSHA (Cal/OSHA) continues to receive funding under workers’ compensation reform
legislation for a targeted consultation program with a proactive focus. Consultation visits are
offered to high-hazard employers as an alternative to targeted inspections. The targeted
consultation program supplements the enforcement program and targets industries selected by
enforcement. The Cal/OSHA consultation program has developed numerous publications, including model
injury and illness prevention training programs dealing with such topics as workplace security,
repetitive motion injuries (RMIs) and other topics.
Kentucky
During fiscal-year 2005, Kentucky maintained its increased compliance
presence in the construction sector by conducting 972 inspections, which represents an increase of
11.2 percent in inspection activity and has increased follow-up inspections for both general industry
and construction where serious violations were issued. Not only has compliance increased the number
of inspections in construction, but has also dramatically increased the number of responses to reports
of imminent danger, especially related to fall and trenching hazards. In fiscal-year 2005, compliance
inspections resulting from reported imminent danger conditions increased to 209. This represents a
302.9 percent increase in the number of imminent danger referrals reported to by the Division of
Compliance since fiscal-year 2002. Kentucky was able to maintain this level of activity in
construction by increased efficiency and productivity, and with fewer field staff members.
Maryland
Maryland Occupational Safety and Health (MOSH) continued to maintain an increased compliance
presence in the construction sector by conducting 756 construction inspections. The MOSH Training
and Education Department provided training for employers and employees in the construction sector
with 584 employers/companies being trained.
Michigan
Michigan pioneered a general industry safety inspection scheduling program that relies on survey
data, site-specific injury data and workers’ compensation data to target workplaces with high hazard
conditions. Michigan OSHA (MIOSHA) has recently piloted a focused inspection concept as an
alternative to wall-to-wall inspections. With this approach, significant industry hazards are the
focus of inspections. This approach was determined to be an effective use of agency resources and
will be expanded.
MIOSHA initiated an increased focus on health issues at construction sites by piloting joint safety
and health inspections. Construction safety and health officers are cross-trained to recognize
significant hazards outside their areas of expertise. This program continues to be very successful,
with 167 combined inspections in fiscal-year 2005.
MIOSHA has received Centers for Disease Control and Prevention (CDC) funding since 1997 for the
Adult blood lead epidemiology and surveillance (ABLES) program. Because of
the referrals from ABLES to enforcement and other related MIOSHA initiatives, there have been great
reductions in the rate of elevated blood leads in Michigan adults.
Minnesota
Minnesota OSHA (MNOSHA) inspection activities concentrate on workplaces with high injury and illness
rates. To determine which industries to target in general industry scheduling, MNOSHA uses the
federal OSHA Data Initiative, workers’ compensation information and high-hazard NAICS codes that are
based on data from the Bureau of Labor and Statistics.
Health inspections are prioritized based on NIOSH-identified industries with a high potential of
chronic obstructive pulmonary disease, BLS-identified industries with high nonfatal occupational
illness rates and local emphasis programs targeting potential isocyanate exposure and potential
occupational asthma.
MNOSHA’s current strategic goal is to conduct 60 percent of all programmed (routine) inspections in
the following areas:
- lead and silica;
- construction;
- lumber and wood products;
- furniture and fixtures;
- paper and allied products;
- rubber and miscellaneous plastic;
- food and kindred products;
- industrial machine and equipment; and
- public sector.
In addition, MNOSHA has established pilot programs in which the goal is to
conduct 5 percent of all programmed inspection in the following areas:
- printing and publishing;
- auto dealers and service stations;
- communication; and
- hotels and lodging.
In construction, MNOSHA uses construction Dodge reports to locate active
construction worksites. Additionally, MNOSHA conducts activity-generated inspections in construction.
Criteria used to determine if a worksite is appropriate for an activity-generated inspection includes:
demolition work, bridge work and structures taller than 30 feet, roofing work and sites that have
equipment that could cause a crushing or struck-by injury.
Nevada
The Nevada Bureau of Labor Statistics (BLS) most current annual data about
injury and illness rates and the agency’s own special emphasis programs guide Nevada OSHA’s site-specific
targeting system. Both processes form the foundation for ranking and selecting workplaces for inspections.
And it helps NV OSHA focus its resources and priorities on the protection of employees who can potentially
be exposed to the most hazardous work environments.
New Jersey
New Jersey Public Employees Occupational Safety and Health (PEOSH) is working to reduce the number
of worker injuries and illnesses by focusing statewide attention and resources on the most prevalent
types of injuries and illnesses in the most hazardous public occupations and workplaces in state,
county and local agencies in specific targeted NAICS codes.
New Jersey PEOSH enforcement maintains a strong presence as an effective deterrent for employers
that fail to meet their safety and health responsibilities.
During federal fiscal-year 2005, the NJDLWD safety enforcement conducted a total of 1,168
inspections of which 682 were programmed, 42 were complaints, six were fatalities and 486 were
follow-up inspections.
NJ PEOSH enforcement targeted:
- Department of Transportation, NAICS 234;
- sewage treatment, NAICS 22132; and
- nursing homes, NAICS 623.
North Carolina
North Carolina has established a site-specific targeting schedule based on data secured through the
OSHA Data Initiative. A survey is completed based on establishment-specific employer DART data. The
state has also initiated a public-sector survey. The data from this survey is used to determine high
injury and illness incidence rates at public-sector establishments that may receive consultation, a
comprehensive compliance inspection and/or education and training assistance. Targeting schedules
have also been established for special-emphasis programs, including lumber and wood products;
furniture and fixture industries; construction; and where employees may be exposed to health hazards
such as lead, crystalline silica, styrene, asbestos and isocyanates.
Oregon
Targeting based on 2003 claims data added trucking and warehousing, lumber and wood products, and
health services sectors (SIC codes 42, 24, 80) to Oregon OSHA’s (OR-OSHA’s)
local emphasis program. A program directive requires the list to be revisited each fiscal year and that
the list not include the same sector two years in succession.
Puerto Rico
One of the areas targeted by Puerto Rico OSHA (PR OSHA) has been the woodworking
industry. The office has continued to use the local emphasis program (LEP) directive to target the
manufacture of wood products and furniture (CPL 2-0.0201 Woodworking Industries).
Another sector significantly impacted by the program was the auto repair and body shop industry, for
which an LEP has been issued since 2002, targeting automotive painting and refinishing activities.
Also worth mentioning is the establishment in June 2005 of the PR OSHA Instruction CPL 2-0.0501,
Local Emphasis Program – Fall and Electrical Hazards in Construction. This
instruction described the policies and procedures for the implementation of a local emphasis program
for the programmed safety inspections for fall and electrical hazards on construction worksites.
Through this program, whenever a CSHO observes the reference hazards and/or there is evidence of
employee exposure or potential exposure, or sufficient circumstantial evidence has been gathered
indicating that an exposure exists at the time of the inspection, the CSHO will notify the general
contractor and will ask for abatement before leaving the site. In case the general contractor does
not agree to correct the hazards, the corresponding area director will decide to post an imminent
danger notice (PR-OSHA 8).
Utah
Utah uses a combination of federal (BLS), state (Division of Industrial Accidents) and commercially
available data sources to target high-risk worksites. Industries with BLS incidence rates higher
than the state’s private-sector average are initially targeted. This list is fine-tuned by using the
local Industrial Accidents data, which provides more "real time" data. Finally, new construction
projects are identified through the building permit process and are targeted during the construction
"drive around" program.
Vermont
Vermont OSHA (VOSHA) has two local emphasis programs: trenching and excavation; and falls.
Compliance officers are instructed to stop whenever they encounter a trench or workers exposed to
falls. VOSHA uses a high-hazard list developed from ODI and workers’ compensation. VOSHA has access
to the employer database maintained by the Vermont Department of Labor.
Virginia
Virginia has special emphasis inspection programs to address the major causes of fatal and
serious nonfatal accidents in the following areas: fall hazards in construction, scaffolding, heavy
construction equipment,public-sector workshops, overhead high-voltage lines, trenching and
excavation, lumber and wood products, amputations, tree felling and delimbing, asbestos, lead,
silica, waste water and water treatment facilities, and First Report of Accidents (FRA), such as
amputations and serious chemical exposures.
Washington
Washington was the first state in the nation to have its occupational safety and health program in
the same agency with an exclusive workers’ compensation system. Employers must either buy their
industrial insurance from the state or apply and be approved to self-insure. Third-party private
industrial insurance is not an option. Having OSH data and all of the state’s workers’ compensation
data together in a data warehouse provides an excellent opportunity to conduct research about
prevalent injuries in different industry sectors, target resources to address those issues, and to
assess the results of services provided.
Although Washington has had a comprehensive targeting system for many years, it is in the process of
being reevaluated and updated. Analysis conducted during Washington’s Government Management
Accountability and Performance (GMAP) process, where injury data was matched with visit data, shows
there are industries where more worksite visits need to be conducted. The targeting system is used
to schedule inspections and for contacting employers to offer consultation or risk management
services.
Wyoming
In 1994, Wyoming’s state plan merged with its workers’ compensation system, giving it access to
employers’ compensation data. With that access to company-specific workers’ compensation data for
more than 16,000 businesses, Wyoming is able to identify specific employers for inspections by
comparing their number of claims reported to the number of employees, the cost of claims compared to
the premium cost, the average cost of a claim and the experience modification rating. Instead of
concentrating on specific industries, Wyoming is able to focus on individual employers. This
information is used to identify employers for inspections or, if the employer chooses, a
consultation visit.
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