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MOSH Instruction 07-01 - Maryland Occupational Safety and Health (MOSH)

 
To: All MOSH Personnel
 
From: Roger Campbell, Assistant Commissioner
 
Subject: Site-Specific Targeting FFY 2008
 
Purpose : This Instruction implements MOSH's Site Specific Targeting 2008 (SST-07) inspection plan. This program does not include construction sites.
 
Scope: MOSH-wide
 
Reference: OSHA Directive 07-03 (CPL 02)
 
Cancellations: MOSH Instruction 95-4
 
Effective Date: October 1, 2007
 
Expiration Date: One year from the effective date, unless replaced earlier by a new Instruction. Upon expiration or replacement of this Instruction, inspection cycles already underway must be completed as provided in Paragraph V.B.
 

I. Background

A. MOSH's Programmed Inspection Programs

MOSH's Site Specific Targeting (SST) program is MOSH's main programmed inspection plan for non-construction workplaces. To better identify workplaces for inspection, the SST plan is based on the data received from the prior year's OSHA Data Initiative (ODI) survey and the list of high-rate industries in Maryland. The intention of the Data Initiative and the SST program is to help OSHA make more effective use of its enforcement resources. In order to achieve MOSH's goal of reducing the number of injuries and illnesses that occur at individual workplaces, the SST directs enforcement resources to those workplaces where the highest rate of injuries and illnesses have occurred.

In addition, MOSH implements "emphasis" inspection programs to target high-risk hazards and industries.

B. Creating the SST Inspection Lists

By applying industry and establishment size-class criteria, OSHA focuses its data collection efforts toward establishments that are most likely to be experiencing elevated rates and numbers of occupational injuries and illnesses. Specifically, OSHA collects injury and illness data through the OSHA Data Initiative (ODI) survey from larger establishments (40 or more employees) in historically high rate industries. Application of these size and industry criteria narrows the number of establishments throughout the State from over 154,000 to approximately 304.

NOTE: The 2005 injury and illness data that was collected by the 2006 Data Initiative is used in the 2007 Site-Specific Targeting program.

C. SIC and NAICS Codes

The Standard Industrial Classification (SIC) codes, as well as the North American Industry Classification System (NAICS) codes, are referenced in this Instruction. Eventually, the NAICS codes will replace the SIC codes, but during the years of the transition, one or the other, and sometimes both, will be used.

Coverage of OSHA's injury and illness recordkeeping rule (29 CFR Part 1904) is defined by SIC in 29 CFR 1904.2. In turn, the OSHA Data Initiative is based on the coverage of the recordkeeping rule. This is why Appendix A of this Instruction uses SIC codes. Until OSHA amends the coverage of its recordkeeping rule to reflect data published under the NAICS coding system, this Instruction will use both the NAICS and SIC codes.

Whenever possible, both the SIC and NAICS codes for the individual establishments will be supplied to the Regional Offices.

II. Relationship to Other Programs

A. Unprogrammed Inspections

Unprogrammed inspections will be conducted according to the FOM or other guidance documents. If the occasion for an unprogrammed (e.g., complaint or accident) inspection arises with respect to an establishment that is also in the current inspection cycle to receive a programmed inspection under the SST-07 plan, the two inspections may be conducted either concurrently or separately.

B. Process Safety Management Inspections

Inspections conducted under the SST plan will address process safety management if 29 CFR 1910.119 applies to the establishment being inspected. Such inspections must be a comprehensive safety inspection.

III. Definitions

A. Comprehensive Inspection

A comprehensive inspection is a complete walk around inspection of the entire establishment with the possible exception of areas which are clearly low hazard areas. (See paragraph C.1 of Chapter 2, of the FOM)

B. Data Initiative (a.k.a. Data Survey or ODI)

The Data Initiative is a nationwide collection of establishment-specific injury and illness data from approximately 80,000 establishments nationwide. It collects data from establishments by using the "OSHA Work-Related Injury and Illness Data Collection Form." The Data Initiative is OSHA's Annual Survey that is referred to in 29 CFR 1904.41.

C. Days Away, Restricted, or Transferred (DART) Rate

The DART rate includes cases involving days away from work, restricted work activity, and transfers to another job. It is calculated based on (N/EH) x (200,000) where N is the number of cases involving days away and/or restricted work activity, and/or job transfer; EH is the total number of hours worked by all employees during the calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees.

For example: Employees of an establishment, including management, temporary, and leased employees, worked 645,089 hours at the workplace. There were 22 injury and illness cases involving days away and/or restricted work activity and/or job transfer from the OSHA -300 Log (total of column H plus column I). The DART rate would be (22/645,089) x (200,000) = 6.8.

D. Days Away from Work Injury and Illness (DAFWII) Case Rate

The DAFWII case rate is the number of cases that involve days away from work per 100 full-time equivalent employees. Cases that involve only temporary transfers to another job or restricted work are not included. It is calculated based on (N/EH) x (200,000) where N is the number of cases involving days away from work; EH is the total number of hours worked by all employees during the calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees. NOTE: the DART and DAFWII rates are differentiated by the makeup of N in the calculation formula. For the DAFWII rate, N is equal to the total of Column H from the OSHA-300 Log.

For example, from the OSHA-300 Log: Employees of an establishment, including management, temporary and leased employees, worked 452,680 hours at the workplace. There were 25 injury and illness cases involving days away from work from the OSHA-300 Log (total of column H). The DAFWII case rate would be (25/452,680) x (200,000) = 11.0.

E. Establishment

An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as transportation, communications, electric, gas, sanitary services, and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc., that either supervise such activities or are the base from which personnel carry out these activities. For a more detailed definition of Establishment, see 29 CFR 1904.46.

For the purposes of this Instruction, the term Establishment does not include construction worksites.

F. Partnership

In this Instruction, partnership refers only to those agreements in which establishments participate in a MOSH Cooperative Compliance Partnership (CCP) for which there is a signed partnership agreement.

IV. Description of the Site-Specific Targeting 2008 (SST-07) Plan

A. Primary Inspection List

1. Selection Criteria

The SST-07 plan selects for inspection individual workplaces, as identified through the 2006 Data Initiative survey. For comparison purposes, the national DART rate for private industry for 2005 was 2.4, and the DAFWII case rate was 1.4.

The SST-07 plan initially selects for inspection all workplaces with a DART rate at or above 11.0, or a DAFWII case rate at above 9.0 (only one of these criteria must be met) for the Primary List. This is approximately 303 sites.
Examples: An establishment with a 10.0 DART rate, and a 9.0 DAFWII case rate, will be included on the Primary List.

An establishment with an 11.0 DART rate, and an 8.0 DAFWII case rate, will be included on the Primary List.

An establishment with a 12.0 DART rate, and a 10.0 DAFWII case rate, will be included on the Primary List.

An establishment with a 10.0 DART rate and an 8.0 DAFWII case rate, will not be included on the Primary List.

The Primary List will take priority over special emphasis programs.

2. Nursing and Personal Care Facilities

For the SST-07 plan, establishments in SIC code 805 that meet the requirements for inclusion on the Primary List will be added to the Primary Inspection List. However, because of the large number of establishments in SIC code 805, only the highest 50% rated establishments that meet the inclusion requirements of the Secondary List are included in the Secondary List.

Inspections in the above SIC code will focus specifically on ergonomic stressors; exposure to blood and other potentially infectious materials; exposure to tuberculosis; and slips, trips, and falls. Due to the initial scope of these inspections, they will automatically be referred to the health section for inspection. As detailed in the FOM, when additional hazards come to the attention of the compliance officer, the scope of the inspection may be expanded to include those hazards.

3. 2006 OSHA Data Survey Non-Responders

A random sample of establishments that did not provide rate information in accordance with the 2006 OSHA Data Initiative survey by April 6, 2007, have been added to the Primary Inspection List. The establishments selected will be identified on the regional offices' inspection lists by three asterisks (***) and will not be deleted from the list.

If the company has gone out of business, moved, changed name, etc., the Office of Statistical Analysis (OSA) must be notified so the information can be updated for the next ODI survey. Contact Steve Bisson by e-mail at BissonS@states.bls.gov, or by telephone at 410-767-2356.
If it is found that an establishment consists of only an office, see section Paragraph IV.D of this Instruction.

B. Secondary Inspection List

If a Regional Office completes its inspections of all establishments on its Primary Inspection List before the expiration of this SST program, it may obtain additional establishments from its Secondary Inspection List.

The Secondary List will contain establishments reporting DART rates of 7.0 or greater but less than 11.0, or a DAFWII case rate of 4.0 or greater but less than 9.0. Only one of these criteria must be met. These establishments will be inspected using the procedures in this Instruction.

Special Emphasis programs may be run concurrently with Secondary Inspection list.

C. Industries without Permanent Workplaces

For industries like SIC 0783, Ornamental Shrub and Tree Services, which do not have permanent workplaces, the establishment list will normally only identify the employer's central office. The Regional Office will, so far as possible, determine (e.g., by visiting the central office) all currently active sites where employees are performing the targeted work activity, and then choose one workplace to inspect by using a random number table. This will apply to such establishments on all SST inspection lists.

D. Office-Only Sites

The SST is not intended to include establishments that are only offices. Therefore, if a CSHO arrives at an establishment and discovers that there is only an office at the site, the CSHO should attempt to determine for what site or sites, the ODI survey data was entered.

If the ODI data includes data for a site (or sites) in addition to an office, and the additional site (or sites) has a SIC code listed in Appendix A, then an inspection of that site (at least one of several sites) will be conducted if it is within the Regional Office's jurisdiction. If the site (or sites) is not within the Regional Office's jurisdiction, contact the Chief of Compliance so the establishment can be moved to the correct Regional Office's inspection list.

V. Scheduling

The Chief of Compliance will provide each Regional Office with the Primary and Secondary Inspection Lists for its coverage area.

A. Maintaining Inspection Lists/Cycles and Documentation

The Regional Supervisor is responsible for maintaining documentation necessary to demonstrate that the SST inspection lists and cycles have been properly utilized in accordance with the requirements of this Instruction, including adequate documentation on all deletions, deferrals, or other modifications (modifications such as rationale for inspections to be expanded to cover health hazards based either (a) on the prior inspection history of the establishment, or (b) on current knowledge concerning the industry in which an establishment is classified). All such inspection lists, cycles, and documentation must be maintained in the Regional Office for a period of three years after completion of all the inspections conducted under this SST plan.

B. Cycle Size

Inspection cycles for the randomly ordered Primary and Secondary Inspection Lists for each county will be distributed by the Chief of Compliance. Regional Offices will base their determination of cycle size (i.e. 5 to 50 establishments) on considerations of available resources and geographic range of the office. Larger cycle sizes will allow greater flexibility and efficiency of scheduling, but once begun, the cycle must be completed.

Within a cycle, the establishments may be scheduled and inspected in any order that makes efficient use of available resources.

When a cycle is completed, the Regional Office may request a new cycle from the Chief of Compliance.

All of the establishments in a cycle must be inspected (that is, the inspection must be initiated) before any establishment in a new cycle may be inspected. Any cycle begun, but not yet completed, by the expiration date of this Instruction must be completed, even if the inspections for the remaining establishments in the cycle are initiated after the expiration date.

C. Deferrals

1. MOSH On-Site Consultation Program 90 Day-Deferral

An establishment that has requested an initial full-service comprehensive consultation visit for safety or health from the MOSH Consultation Program, and that visit has been scheduled by Consultation may be deferred from the SST inspection for 90 calendar days from the date of notification by MOSH Consultation Program to the Regional Office. No extension of the deferral beyond the 90 calendar days is possible, unless the consultation visit is "in progress" which begins at the opening conference of the consultation visit. See 29 CFR 1907.7(b)(1) for a definition of consultation visit "in progress".

2. VPP Applicant

If an establishment is in the process of applying for OSHA's Voluntary Protection Programs (VPP), the Chief of Compliance, upon receiving notification from the VPP Manager that a VPP on-site review has been scheduled, will defer any programmed inspection. The applicant workplace will be deferred starting no more than 75 calendar days prior to the commencement of its scheduled pre-approval on-site review. The applicant workplace will be removed from any programmed inspection list for the duration of VPP participation, unless the site chooses otherwise.

3. Pre-SHARP

If an establishment is in pre-SHARP status, that is, in the process of meeting the criteria of a MOSH Consultation Safety and Health Achievement Recognition Program (SHARP), it may be deferred for up to 18 months, while the employer is working to achieve recognition and exemption status. See 29 CFR 1908.7(b)(4)(i)(A).

D. Inspection Priority

Normally, the first inspection priority for Regional Offices is to conduct unprogrammed inspections, and the inspection priorities as described in the FOM will be followed, with the following additional guidance:

1. All establishments on the SST-07 Primary Inspection List must be inspected unless, in view of resource considerations, the Chief of Compliance authorizes (generally in advance) the Regional Supervisor to conduct a smaller number of inspections. Such authorization will normally require the Regional Office to complete all inspections in the current cycle.

Regional Supervisors must send a memorandum to the Chief of Compliance, through the Assistant Chief, stating why a Regional Office's Primary List cannot be completed.

2. The Secondary List does not have to be completed before the expiration date of this Instruction.

Regional Offices will continue to conduct other programmed inspections under national emphasis programs, or under local emphasis/initiative programs, as the Regional Office and regional goals dictate.

VI. Deletions

Regional Offices will be responsible for making appropriate deletions from the inspection list, such as for establishments that are no longer in business.

A. Previous Inspections

Establishments that received a comprehensive safety inspection within the previous 24 months of the creation of the current inspection cycle will be deleted from the inspection list. The comprehensive safety inspection need not have been initiated by an SST inspection.

For deletion purposes, the date when an establishment is considered to have received a comprehensive safety inspection will be the opening conference date not the closing conference date or the citation issuance date. For example, if the opening conference date occurred within the previous 24 months of the creation of the current inspection cycle, the establishment will be deleted from the list for SST-07 inspections.

If the inspection is a "joint inspection," conducted by both a safety CSHO and a health CSHO, there will be two OSHA-1s. The two CSHO's may hold joint or separate opening conferences. Therefore, there may be one opening date for the safety inspection and a different opening date for the health inspection for the same employer, under the same SST inspection plan. If the inspection is conducted by a cross-trained CSHO, there will be one OSHA-1 and one opening conference date.

B. VPP, SHARP or CCP

If the establishment is an approved participant in OSHA's Voluntary Protection Program (VPP), in MOSH Consultation's Safety and Health Achievement Recognition Program (SHARP), or Cooperative Compliance Partnership (CCP) program it is to be deleted from the inspection list.

VII. Inspection Procedures

A. Scope

1. Inspections under SST-07

Inspections conducted under this plan will be comprehensive safety inspections. Health inspections under this plan will be limited to (1) CSHO referrals (i.e., when CSHO on-site saw a potential health hazard) and (2) inspections expanded by the Regional Supervisor based either (a) on prior inspection history of the establishment, or (b) on current knowledge concerning the industry in which an establishment is classified.

2. Health Inspections

When the Regional Supervisor, in consultation with the Assistant Chief for Health, orders an SST inspection to be expanded to cover health hazards at a particular establishment, the Regional Supervisor must document his/her rationale for the expanded inspection. If a Regional Supervisor expands an inspection to cover health hazards at a particular establishment, it must be based either (a) on the prior inspection history of the establishment, or (b) on current knowledge concerning the industry in which the establishment is classified. If the expansion is based on current knowledge concerning the industry, such expanded inspections will also be conducted at all other establishments with that industry classification that are on the Regional Office's SST inspection lists. Inspections will be conducted in accordance with the procedures described in the FOM and in other guidance documents.

Documentation is necessary to describe the rationale for expanding the SST inspection to include health hazards/issues. This is to ensure that the expansion was based on objective and neutral criteria.

3. Both Safety and Health Inspection Conducted

If both a safety and health inspection are conducted, such inspections may be conducted either as one combined safety and health inspection by a cross-trained CSHO (as established through specific training or demonstrated ability), or as separate safety and health inspections, or as joint safety and health inspections.

B. Citations

Violations will be cited and penalties proposed in accordance with the FOM and other guidance documents.

C. Recordkeeping Violations

Whenever OSHA recordkeeping violations are identified, appropriate citations and penalties will be proposed, and supporting documentation will be provided, in accordance with guidance in the FOM.

D. Ownership

If the establishment has changed ownership after December 31, 2005, but is essentially the same establishment (i.e., same equipment, processes, services, or industrial operations) the inspection shall continue.

VIII. Recording and Tracking

A. SST-Only Inspections

The OSHA-1 Form must be marked as "programmed planned". In addition, the "NEP" box is to be checked and the value "SSTARG07" recorded. (The SST inspections are being coded under the NEP for ease of tracking.)

NOTE: Any health inspections conducted in accordance with this Instruction as mentioned in Paragraph VII.A.2 are also to be coded as an SST inspection.

B. SST Combined with Unprogrammed Inspections

For all unprogrammed inspections conducted in conjunction with an SST inspection, the OSHA-1 Form must be marked as "unprogrammed" with the appropriate unprogrammed activity identified. In addition, the "NEP" box is to be checked and the value "SSTARG07" recorded.

NOTE: Health inspections that are referrals (as mentioned in Paragraph VII.A.2 are "unprogrammed." However, these inspections are also to be coded as an SST inspection.

C. SST Combined with Unprogrammed and Other Programmed Inspections

If an SST inspection is combined with an unprogrammed (e.g., complaint) inspection and a programmed inspection, such as an NEP or LEP, the OSHA-1 must be marked "unprogrammed."

D. Strategic Management Plan

Enter all applicable Strategic Management Plan hazard/industry codes.

 

APPENDIX A

Description of Industry Groups Included in ODI 2006

Approximately 80,000 establishments were surveyed in the 2006 OSHA Data Initiative (ODI) that collected 2005 injury and illness data. Establishments with 40 or more employees in the following industries were included in the data collection.

SIC                          INDUSTRY

0181 ORNAMENTAL NURSERY PRODUCTS
0182 FOOD CROPS GROWN UNDER COVER

0211 BEEF CATTLE FEEDLOTS
0212 BEEF CATTLE, EXCEPT FEEDLOTS
0213 HOGS
0214 SHEEP & GOATS
0219 GENERAL LIVESTOCK, NEC
0241 DAIRY FARMS
0251 BROILER, FRYER, & ROASTER CHICKENS
0252 CHICKEN EGGS
0253 TURKEYS & TURKEY EGGS
0254 POULTRY HATCHERIES
0259 POULTRY & EGGS, NEC
0271 FUR BEARING ANIMALS & RABBITS
0272 HORSES & OTHER EQUINES
0273 ANIMAL AQUACULTURE
0279 ANIMAL SPECIALTIES, NEC
0291 GENERAL FARMS, PRIMARILY ANIMAL

0783 ORNAMENTAL SHRUB & TREE SERVICES

20-39 MANUFACTURING

4212 LOCAL TRUCKING WITHOUT STORAGE
4213 TRUCKING, EXCEPT LOCAL
4214 LOCAL TRUCKING WITH STORAGE
4215 COURIER SERVICES, EXCEPT BY AIR
4221 FARM PRODUCT WAREHOUSING & STORAGE
4222 REFRIGERATED WAREHOUSING & STORAGE
4225 GENERAL WAREHOUSING & STORAGE

4226 SPECIAL WAREHOUSING & STORAGE, NEC
4231 TRUCKING TERMINAL FACILITIES

4311 U.S. POSTAL SERVICE

4491 MARINE CARGO HANDLING
4492 TOWING & TUGBOAT SERVICE
4493 MARINAS
4499 WATER TRANSPORTATION SERVICES, NEC

4512 AIR TRANSPORTATION, SCHEDULED
4513 AIR COURIER SERVICES
4581 AIRPORTS, FLYING FIELDS, & SERVICES

4783 PACKING & CRATING

4953 REFUSE SYSTEMS

5012 AUTOMOBILES & OTHER MOTOR VEHICLES
5013 MOTOR VEHICLES SUPPLIES & NEW PARTS
5014 TIRES & TUBES
5015 MOTOR VEHICLE PARTS, USED
5031 LUMBER, PLYWOOD & MILLWORK
5032 BRICK, STONE, & RELATED MATERIALS
5033 ROOFING, SIDING, & INSULATION
5039 CONSTRUCTION MATERIALS, NEC
5051 METALS SERVICE CENTERS & OFFICES
5052 COAL & OTHER MINERALS & ORES
5093 SCRAP & WASTE MATERIALS

5141 GROCERIES, GENERAL LINE
5142 PACKAGED FROZEN FOODS
5143 DAIRY PRODUCTS EX. DRIED & CANNED
5144 POULTRY & POULTRY PRODUCTS
5145 CONFECTIONERY
5146 FISH & SEAFOODS
5147 MEATS & MEAT PRODUCTS
5148 FRESH FRUITS & VEGETABLES
5149 GROCERIES & RELATED PRODUCTS, NEC
5181 BEER & ALE
5182 WINE & DISTILLED BEVERAGES

5211 LUMBER & OTHER BUILDING MATERIALS

5311 DEPARTMENT STORES

8051 SKILLED NURSING CARE FACILITIES
8052 INTERMEDIATE CARE FACILITIES
8059 NURSING & PERSONAL CARE, NEC
8062 GENERAL MEDICAL & SURGICAL HOSPITALS
8063 PSYCHIATRIC HOSPITALS
8069 SPECIALTY HOSPITALS, EXC PSYCHIATRIC

OSHA's collection of information regarding occupational injuries and illnesses has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. The data collection requested occupational injury and illness data and employment and hours worked data from selected employers in the above Standard Industrial Classifications (SICs).

In addition, OSHA collected data from establishments that were visited by OSHA and are required to maintain the OSHA Log. Information was also collected from public sector establishments in certain State Plan States. See Federal Register, April 23, 2004 (Vol. 69, No. 79, pp. 22096-22097).

For further information concerning the OSHA Data Initiative, contact Joseph J. DuBois, Directorate of Evaluation and Analysis, Office of Statistical Analysis, Occupational Safety and Health Administration, U.S. Department of Labor, Room N3507, 200 Constitution Avenue, NW, Washington, DC 20210, telephone (202) 693-1875.

Source: OSHA, Directorate of Evaluation and Analysis, Office of Statistical Analysis.

 
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