New Mexico OSHA Updates and BLS Statistics

New Mexico OSHA Updates and BLS Statistics

Statistical Review

2014 BLS Fatality Data Nationwide 4,679 fatalities in 2014¹; up from 4,585 in 2013 3.3 fatal injuries per 100,000 full-time equivalent workers 40% of worker fatalities involved transportation incidents² (23% - roadway incidents / 17% - Other) Fatal work injuries among all major racial/ethnic groups were higher except fatal work injuries among Hispanic or Latino workers were lower in 2014 down 3%. New Mexico 50 fatalities in 2014; down from 53 in 2013 62% (31 of 50) involved transportation incidents ¹ Based on 2014 preliminary BLS numbers ²Transportation incidents includes highway, nonhighway, air, water, and rail fatal injuries resulting from being struck by a vehicle. Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with states, Census of Fatal Occupational Injuries.

80% 70% 60% NM Fatality Investigations 50% 40% 30% Construction Oil and Gas All Other Industries 20% 10% 0% 25 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 20 15 10 Construction Oil and Gas All Other Industries Total 5 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

NM Fatality Investigations NM OSHA investigated 7 fatal accidents in 2015 Two construction fatalities 4 Oil and gas fatalities 2 Construction related One general industry related 0 Agriculture Of those 5 were struck by/caught in accidents Status of 2015 investigations Ongoing litigation in several of the cases with citations One case still under investigation

NM OSHA Accident Investigations in 2015

NM Fatality Investigations NM OSHA investigated 6 fatal accidents in 2015 (ytd) Date Industry Event 1/30/2015 O&G Caught in PTO pump shaft 2/10/2015 O&G Struck by pipe dropped from elevator 3/11/2015 O&G Perforating gun activation during set-up 4/14/2015 Constr. Roller fell over while loading, crushing operator 4/27/2015 O&G Burns from a flash fire/explosion 5/25/2015 Other Zipline operator struck building 8/18/2015 Constr. Scaffold collapse, workers fell to the ground Serious Injuries 7/23/2015 Other Medical Marijuana Processor 8/18/2015 Constr. Scaffold Collapse

January 30, 2015 Carlsbad, NM An employee of a trucking company was working on a power take-off unit when his sleeve was caught in the rotating shaft of the unit. He suffered severe trauma to the arm and shoulder. NM OSHA issued serious citations.

February 10, 2015 Eddy County, NM An oil well servicing crew was pulling pipe from a well. Upon moving the pipe to the pipe stand, the elevators released a section of pipe. The pipe fell from height and struck the employee while on the rig floor below.

March 11, 2015 Jal/Loving, NM A wireline crew had just completed a shot with a perforating gun and were preparing the second gun. The second gun was attached to the wireline to lift and place it in the well when the gun activated. Upon its activation several additional guns on the trailer also activated. One employee was struck by shrapnel.

April 13, 2015 Las Vegas, NM An employee was driving a large compactor roller onto a trailer. The employee was maneuvering the roller onto the trailer when the roller slid off the side of the trailer/ramp tipping onto it s side. The operator of the roller was not wearing a seatbelt and fell or attempted to jump from the roller. He was crushed under the roller unit s overhead sunshade structure. NM OSHA issued serious citations.

April 27, 2015 Jal, NM An employee was conducting equipment checks as part of his daily rounds at a natural gas pumping station. He was working in an injection pump house. As he operated an electrical breaker assembly an explosion occurred. NM OSHA issued serious citations.

May 25, 2016 Torreon, NM An employee was verifying the installation of a newly modified zipline system. Upon the successful run of a test weight, he boarded the line for a test run. Upon his descent he struck a single story structure, causing massive trauma.

August 18, 2015 Rio Rancho, NM An insulation contractor 3-man crew was working on the upper levels of a six story scaffold complex at a medical center construction site. The scaffold collapsed killing one of the insulation workers and sending seven others to the hospital. Others hospitalized included the two coworkers on the same level, three additional insulation employees, a masonry subcontractor and a glass installer working at lower levels or on adjacent scaffolding. Cause of the collapse is still under investigation.

July 23, 2015 Santa Fe, NM Two employees were extracting hash oil from cannabis/marijuana at a medical marijuana facility when a flash fire occurred. A butane/propane mixture is used in the process to extract the hash oil from the plant material. Both received significant non-fatal burns. No fatalities. NM OSHA issued serious citations.

OSHA Updates

OSHA s Injury Reporting Rule Updates NM adoption of the changes to reporting requirements took place on June 16, 2015, with an effective date of July 16, 2015. Deferred enforcement until January 1, 2016. The amendment for partially exempt industries was adopted under the existing NMAC and became effective January 1, 2015.

No Longer Exempt Industries

OSHA s Revised Hazard Communication Standard - GHS

Confined Space in Construction Subpart AA Background General Industry Standard published 1993 United Steelworkers settlement 1994 Consultation with ACCSH and stakeholder meetings (Advisory Committee for Construction Safety and Health) Proposal 2007 (after several draft proposals) Comment period & hearing Final Rule published May 4, 2015; effective August 3, 2015*** *** Deferred enforcement until October 2, 2015

Subpart AA Scope Subpart P still covers work in excavations If there is a confined space within an excavation, such as a sewer pipe, and a worker enters the pipe to perform work, that is covered by Subpart AA Subpart S still covers underground construction Work done in an underground space that does not involve altering the *structure* of the space is covered by Subpart AA (such as equipment installs)

Overview of Differences GI Standard, Plus A competent person must conduct worksite evaluation Employers using alternate procedures for permit space entry must prevent physical hazard exposures through elimination or isolation through methods such as LOTO Permits may be suspended instead of cancelled, provided the space is returned to permit conditions prior to re-entry

Overview of Differences, cont'd GI Standard, Plus Continuous monitoring of atmospheric and engulfment hazards Employers relying on local emergency services for rescue must arrange for responders to notify in advance if responders will be unavailable Specific information exchange requirements for multi-employer work sites

Information Exchange

Proposed Silica Rule September 12, 2013 Final Rule (Est. February 2016) About 2.2 million workers are exposed to respirable crystalline silica in their workplaces. The majority of these workers, about 1.85 million, are in the construction industry. Exposures occur when workers cut, grind, crush, or drill silica-containing materials such as concrete, masonry, tile, and rock. About 320,000 workers are exposed in general industry operations such as brick, concrete, and pottery manufacturing, as well as operations using sand products, such as foundry work and hydraulic fracturing (fracking) of oil and gas wells. Workers are also exposed during sandblasting.

Proposed Silica Rule The proposed standard for construction includes provisions for employers to: Measure the amount of silica that workers are exposed to if it may be at or above an action level of 25 μg/m 3 (micrograms of silica per cubic meter of air), averaged over an 8-hour day; Protect workers from respirable crystalline silica exposures above the PEL of 50 μg/m 3, averaged over an 8-hour day; Limit workers' access to areas where they could be exposed above the PEL; Use dust controls to protect workers from silica exposures above the PEL; Provide respirators to workers when dust controls cannot limit exposures to the PEL; Offer medical exams-including chest X-rays and lung function tests-every three years for workers exposed above the PEL for 30 or more days per year; Train workers on work operations that result in silica exposure and ways to limit exposure; and Keep records of workers' silica exposure and medical exams.

Proposed Recordkeeping Rule November 8, 2013 Final Rule (Est. March 2016) The purpose of this rulemaking is to improve workplace safety and health through the collection of useful, accessible, establishment-specific injury and illness data to which OSHA currently does not have direct, timely, and systematic access.

Proposed Recordkeeping Rule OSHA is proposing to amend its recordkeeping regulations to add requirements for the electronic submission of injury and illness information that employers are already required to keep under OSHA's regulations for recording and reporting occupational injuries and illnesses. The proposed rule only modifies employers' obligations to transmit information from these records to OSHA or OSHA's designee.

Proposed Recordkeeping Rule 250 or more employees in the previous year, to electronically submit information from these records to OSHA on a quarterly basis. 20 or more employees in the previous year, and are in certain designated industries to electronically submit the information from the OSHA annual summary form (Form 300A) to OSHA All employers who receive notification from OSHA to electronically submit specified information from their Part 1904 injury and illness records to OSHA

NM OSHA Consultation Program

On-Site Consultation Program Free service delivered by NM Consultants that are: 90% Federally funded 10% State funded NMED Consultation Services are confidential and independent of the Compliance division Well trained and professional consultants

On-Site Consultation Program Services are provided on-site No citations are issued nor penalties assessed Will issue a report of hazards observed Employer commits to correct serious hazards

On-Site Consultation Program Consultation visit includes: Evaluation of OSHA Mandated Programs Assessment of workplace safety & health management system Mgmt. vs Safety Mgmt. Commitment Hazard identification/control Safety Committees Accident investigations

On-Site Consultation Program Consultation visit includes: Evaluation of OSHA Mandated Programs Assessment of workplace safety & health management system Workplace hazard identification Health assessments as necessary Training and technical assistance

On-Site Consultation Visit How does it work? Submit request to NM OSHA, fax, phone, internet Consultation Program Manager develops scope of consultation with employer Assigned to a Safety and/or Health Consultant Initial Visit date established between Consultant(s) and employer

On-Site Consultation Visit Initial Visit Opening Conference Program/Policy Review Facility walk-through Closing Conference Written report that summarizes the results of the visit

Additional Visits Training and Assistance Visits provide formal or informal training, as well as technical assistance Health Sampling Visits as needed based on Initial Visit results Follow-up Visit verify correction of hazards

SHARP Benefit The On-site Consultation Program's Safety and Health Achievement Recognition Program (SHARP) recognizes small business employers who operate an exemplary injury and illness prevention program. Acceptance of your fixed worksite into SHARP from OSHA is an achievement of status that singles you out among your business peers as a model for worksite safety and health. Upon receiving SHARP recognition, OSHA exempts your worksite from OSHA programmed inspections during the period that your SHARP certification is valid (up to three years).

For more information: Robert Dunnington, CSP 505-222-9593 Robert.dunnington@state.nm.us http://www.nmenv.state.nm.us/ohsb_website/index.htm