OSHA INSPECTION
DATA ON POTENTIAL IH ISSUES
During the period October 1999 to
September 2000, the Federal Occupational Safety and Health Administration
(OSHA) conducted almost 25,000 workplace inspections resulting in almost
110,000 citations valued at over $83 million1. Not surprisingly,
1910.1200, Hazard Communication, continues to rank as
the most frequently cited standard with proposed penalties over $1.5 million.
Although there is a great deal of variation in job duties among industrial
hygienists, the information and comments below summarize inspection data for
OSHA General Industry standards industrial hygienists are likely to address
during the course of their work:
Standard
Part 1910 |
Description |
Cited |
Inspections |
Proposed $ Penalty |
$ Penalty per citation |
$ Penalty per Inspection |
Citation per Inspection |
1910.1200 |
HazCom |
7421 |
3802 |
1,537,912 |
207 |
405 |
1.95 |
1910.134 |
Respiratory Protection |
4675 |
1917 |
1,375,265 |
294 |
717 |
2.44 |
1910.1030 |
Bloodborne Pathogens |
1950 |
750 |
1,033,863 |
530 |
1378 |
2.60 |
1910.95 |
Noise |
1475 |
692 |
817,809 |
554 |
1182 |
2.13 |
1910.1025 |
Lead |
752 |
238 |
390,600 |
519 |
1641 |
3.16 |
1910.119 |
Process Safety |
588 |
102 |
3,701,282 |
6295 |
36,287 |
5.76 |
1910.1052 |
Methylene Chloride |
437 |
137 |
495,119 |
1133 |
3614 |
3.19 |
1910.120 |
HAZWOPR |
399 |
176 |
381,189 |
955 |
2166 |
2.27 |
1910.1000 |
Air Contaminants |
352 |
179 |
243,401 |
691 |
1360 |
1.97 |
1910.1001 |
Asbestos |
281 |
158 |
254,321 |
905 |
1610 |
1.78 |
1910.1020 |
Access to Records |
268 |
152 |
66,362 |
248 |
437 |
1.76 |
1910.1048 |
Formaldehyde |
159 |
79 |
72,572 |
456 |
919 |
2.01 |
1910.1027 |
Cadmium |
155 |
34 |
56,272 |
363 |
1655 |
4.56 |
1910.94 |
Ventilation |
97 |
60 |
42,026 |
433 |
700 |
1.62 |
1910.1450 |
Lab Safety |
66 |
37 |
24,118 |
365 |
652 |
1.78 |
1910.1018 |
Arsenic |
24 |
8 |
19,935 |
831 |
2492 |
3.00 |
1910.1047 |
Ethylene Oxide |
21 |
6 |
4693 |
223 |
782 |
3.50 |
1910.1028 |
Benzene |
16 |
8 |
3266 |
204 |
408 |
2.00 |
1910.1043 |
Cotton Dust |
12 |
1 |
30,500 |
2542 |
30,500 |
12.00 |
1910.1017 |
Vinyl Chloride |
3 |
2 |
1050 |
350 |
525 |
1.50 |
1910.1045 |
Acrylonitrile |
2 |
2 |
0 |
0 |
0 |
1.00 |
1910.1050 |
MDA |
2 |
1 |
750 |
375 |
750 |
2.00 |
1910.1003 |
4-Nitrobiphenyl |
1 |
1 |
700 |
700 |
700 |
1.00 |
All
|
Potential
IH |
19156 |
8542 |
11,058,003 |
577 |
1295 |
2.24 |
Like any data, caution should be used
concerning the conclusions you reach after reviewing the data. The following
general comments are offered for one perspective on the data provided:
*
Overall, the total number of Federal OSHA Inspections (8542)
for potential IH issues suggests an average of 23 inspections per day (assuming
inspections every day of the year including National Holidays) in the 26 states
that Federal OSHA has jurisdiction. On the surface, this might suggest a low
likelihood of Inspection when you consider the number of businesses regulated
in those 26 states.
*
The average $ penalty per citation and inspection would
appear to be low ($577 and $1295 respectively) potentially suggesting that the
threat of penalties is minor compared to the cost of an inspection by a private
consultant (or attorney fees in defense of proposed citations). This, however,
neglects the possibility of inspections that address multiple standards. This
data also reflects the median workplace which may or may not be representative
of your workplace.
*
This data does indicate Hazard Communication Inspections
occur over twice as often as the second most cited standard (1910.134
Respiratory Protection).
*
The data on Process Safety Management (1910.119) indicates
that although few inspections occur annually, Federal OSHA considers the
violations of that standard serious with proposed penalties almost 10 times
higher than the average citation. In my opinion, this is as it should be since
failures with those highly hazardous materials can produce serious losses. This data would suggest that businesses that
use highly hazardous materials may need additional work to comply with the
Process Safety Management standard.
*
A comparison of data between Noise and General Air
Contaminants (1910.95 and 1910.1000) indicates more attention to Noise with
almost four times as many Noise inspections than General Air Contaminant
inspections. However, when you consider all air contaminant inspections
including those for specific chemical standards (Lead, Formaldehyde, etc.), the total number of air contaminant inspections exceeds
the number of Noise inspections by about 23%. This would suggest a slightly
higher emphasis on air contaminant standards with specific emphasis on the
substance specific standards.
This data has been provided for your
review and is not intended as a critical review of the efforts by Federal OSHA
to meet the legislative mandate to protect the health and safety of the
Nation’s work force. Although you may
have reached the conclusion that the hammer of enforcement is not all that
heavy when it comes to potential IH issues, this would be inaccurate since the
potential still exists for penalties in excess of the average. There are many other good reasons for
investing in a safe and healthful workplace free of chemical and physical
hazards that could cripple and kill precious human resources. Please contact me
to discuss an assessment of workplace IH issues that may have an impact on the
success of your business!
1 Source – Federal OSHA Inspection
Data on Most Frequently Cited Standards for All SIC codes for the period
October-1999 to September 2000. The figures reported in the opening paragraph
include data for General Industry, Construction, and Maritime inspections for
the period reported. Dollar figures have been rounded and reflect penalties
updated as of 010411. Data on this page does not presently reflect State Plan
inspection data. Visit www.osha.gov to review the raw data.