9.14.11

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Last week OSHA announced its 2011 Site-Specific Targeting (SST) plan, the Agency's annual inspection program for general industry establishments with high numbers of injuries and illnesses. Whereas prior SSTs included only establishments with 40 or more employees, this year's SST has been expanded to include establishments with as few as 20 employees. The SST does not apply to employers in states with their own state occupational safety and health agency, although state agencies may choose to adopt the federal program in lieu of creating their own. Construction worksites are also excluded from the SST.

The SST inspection rates are based upon the OSHA 300 Log and 300A Annual Survey injury and illness rates for calendar year 2009 that were reported by employers in the 2010 Data Initiative Survey. OSHA's Primary Inspection list will include establishments that reported 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 7.0
or
DAFWII rate at or above 5.0

(2) Non-Manufacturing Facilities
DART rate at or above 15.0
or
DAFWII at or above 14.0

(3) Nursing and Personal Care Facilities (SIC Code 805)
DART rate at or above 16.0
or
DAFWII rate at or above 13.0

The Primary Inspection list will also include a random sample of employers who did not respond to the 2010 OSHA Data Initiative Survey.

The Secondary Inspection list will include establishments with the following rates:

(1) Manufacturing Facilities
DART rate of 5.0 or greater, but less than 7.0
or
DAFWII rate of 4.0 or greater, but less than 5.0

(2) Non-Manufacturing Facilities
DART rate of 5.0 or greater, but less than 15.0
or
DAFWII rate of 4.0 or greater, but less than 14.0

(3) Nursing and Personal Care Facilities (SIC Code 805)
DART rate of 13.0 or greater, but less than 16.0
or
DAFWII rate of 11.0 or greater, but less than 13.0

The 2011 SST inspections conducted at manufacturing and non-manufacturing facilities will be comprehensive safety inspections, unless a Compliance Officer notices a potential health hazard or an Area Director orders a health inspection to be conducted due to the employer's prior inspection history. Inspections at Nursing and Personal Care Facilities will focus on ergonomic stressors; bloodborne pathogen and tuberculosis exposures; and slips, trips and falls.

Each OSHA Area Office is expected to complete all of the inspections on its Primary Inspection list during the next 12-month period. Manufacturing and non-manufacturing facilities that received a comprehensive safety inspection in the past 36 months will be deleted from the Primary Inspection list, as will Nursing and Personal Care Facilities that received an inspection focused on the criteria in the paragraph above. Establishments participating in OSHA Strategic Partnerships or the VPP or SHARP programs may also be deleted from the Primary Inspection lists.

If an Area Office completes all of its Primary and Secondary inspections before the program ends in 2012, OSHA's Office of Statistical Analysis will provide a list of randomly selected establishments to be used as a Tertiary Inspection list. The Tertiary list will not include any establishment with a DART rate of 3.6 or lower and a DAFWII rate of 2.2 or lower. Nursing and Personal Care facilities will not be included on the Tertiary list.

The 2011 SST Plan is published on OSHA's web site at:
http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-11-03.pdf

If you have any questions, please email us at: 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 reach any OSHA practice group attorney by calling 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 sources such as Chambers USA, Martindale-Hubbell, and Top One Hundred Labor Attorneys in the United States, and the firm is top-ranked by the U.S. News & World Report/Best Lawyers Best Law Firms survey. More than 130 lawyers partner with clients to provide cost-effective legal services and sound preventive advice to enhance the employer-employee relationship. Offices are located in Alabama, California, Florida, Georgia, Illinois, Massachusetts, Missouri, New Jersey, North Carolina, South Carolina, Tennessee, Texas, Virginia and Wisconsin. For more information, visit www.constangy.com

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