7.28.09

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On July 20, 2009, OSHA announced its new Site-Specific Targeting (SST) Plan for General Industry worksites with 40 or more employees. The SST Plan is OSHA’s primary tool for targeting employers with high numbers of serious injuries and illnesses for on-site inspections. This Plan does not apply to Construction worksites or to states with their own state OSHA agency. The 2009 SST Plan is based on employers’ OSHA 300 Logs and the OSHA 300A Annual Summary information for calendar year 2007.

This year, for the first time, the SST Plan will have different selection criteria for inclusion on the targeted inspection lists depending on whether an establishment is (1) a manufacturing facility, (2) a non-manufacturing facility, or (3) a nursing or personal care facility.

The Primary Inspection lists are based on the following Days Away, Restricted, or Transferred (DART) or Days Away from Work Injury and Illness (DAFWII) rates:


        (1) Manufacturing Facilities

DART rate at or above 8.0
or
DAFWII rate at or above 6.0

(2) Non-Manufacturing Facilities

DART rate at or above 15.0
or
DAFWII rate at or above 13.0

(3) Nursing or Personal Care Facilities (SIC Code 805)

DART rate at or above 17.0
or
DAFWII rate at or above 14.0

In addition, a random sampling of establishments that failed to provide rate information when asked to do so by OSHA in 2008 will be inspected as part of the 2009 SST inspections.

The Secondary Inspection lists are based on the following rates:

(1) Manufacturing Facilities

DART rate > 6.0 but < 8.0
or
DAFWII rate > 4.0 but < 6.0

(2) Non-Manufacturing Facilities

DART rate > 6.0 but < 15.0
or
DAFWII rate > 4.0 but < 13.0

(3) Nursing or Personal Care Facilities

DART rate > 15.0 < 17.0
or
DAFWII rate > 11.0 but < 14.0

It is anticipated that all establishments on an Area Office’s Primary Inspection List will be inspected unless:

1. Within 36 months of the creation of the current inspection cycle, an establishment received a comprehensive safety inspection (counting from the opening conference date), or a Nursing or Personal Care Facility had an inspection that focused on ergonomic stressors relating to resident handling, exposure to bloodborne pathogens or tuberculosis, and slips, trips, and falls.

2. Approved participants in the Voluntary Protection Programs (VPP) will be deleted from the inspection list.

3. An establishment in the OSHA Consultation Safety and Health Achievement Recognition Program (SHARP) may be deleted from the inspection list for a period of time established by the On-Site Consultation Project and approved by the Regional Administrator.

4. An establishment that is participating in an OSHA Strategic Partnership may be deleted.

Inspections conducted under the 2009 SST Plan will be comprehensive safety inspections. Health inspections under this Plan will be conducted only if a Compliance Officer makes a referral or an Area Director makes such a recommendation based on the prior inspection history of the employer. Nursing and Personal Care facilities will have focused inspections as described in indented paragraph No. 1 above.

The 2009 SST Plan is a 51-page document that can be accessed at:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=4002

If you have any questions, email us: Bill Principe at bprincipe@constangy.com, David Smith at dsmith@constangy.com, Pat Tyson at ptyson@constangy.com, or Neil Wasser at nwasser@constangy.com. You may also call us at 404-525-8622.

Constangy, Brooks & Smith, LLP has counseled employers on labor and employment law matters, exclusively, since 1946. A “Go To” Law Firm in Corporate Counsel and Fortune Magazine, it represents Fortune 500 corporations and small companies across the country. Its attorneys are consistently rated as top lawyers in their practice areas by publications such as Chambers USA, Super Lawyers, and Top One Hundred Labor Attorneys in the United States. More than 100 lawyers partner with clients to provide cost-effective legal services and sound preventive advice to enhance the employer-employee relationship. Offices are located in Georgia, Florida, South Carolina, North Carolina, Tennessee, Alabama, Virginia, Massachusetts, Missouri, Illinois, Wisconsin, Texas and California. For more information, visit www.constangy.com.

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