1.17.13

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On January 8, 2013, OSHA announced this year's Site-Specific Targeting (SST) plan for general industry employers with 20 or more employees. Employers will be selected for inclusion on the SST inspection list based on their 2010 OSHA 300 Log data. The SST plan does not apply to employers' operations in states that have their own state occupational safety and health agency, and construction worksites are also not covered.

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 rate at or above 14.0

These are the same DART and DAFWII rates that were used for last year’s SST Primary Inspection list.

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

(1)   Manufacturing facilities
       DART rate of 5.0 or greater or DAFWII rate of 4.0 or greater
(2)   Non-manufacturing facilities
       DART rate of 7.0 or greater or DAFWII rate of 5.0 or greater

Any employer that did not respond to OSHA's 2011 Data Initiative Survey in which OSHA requested employers' injury and illness data for 2010 will be included on the Secondary Inspection list.

Nursing and Personal Care facilities are not included in this year's SST plan as they were last year, but will instead be included in a National Emphasis Program for NAICS Codes 633110, 623210, and 623311 (OSHA Directive CPL 03-00-016).

Inspections conducted under the SST plan will be comprehensive, wall-to-wall safety inspections. Health inspections will be conducted only if the Compliance Officer observes health issues during the safety inspection and elects to broaden the scope of the inspection, or if an OSHA Area Director decides to expand a safety inspection to include health issues based on the employer's prior inspection history during the prior 3-year period

An establishment that had a comprehensive, wall-to-wall safety inspection within the last 36 months is exempt from an SST Inspection.

In addition to inspections conducted under the SST plan, OSHA currently has 11 National Emphasis Programs (NEPs) focusing on amputations, lead, crystalline silica, primary metals industries, shipbreaking, trenching/excavations, process safety management, hexavalent chromium, federal agencies, combustible dust, and nursing and residential care facilities. Employers are actually more likely to be inspected under one of these eleven NEPs than the SST plan. Federal OSHA also has 140 Regional and Local Emphasis Programs that focus on employers within certain SIC or NAICS codes. http://www.osha.gov/dep/leps/leps.html.

This year’s SST plan is published on OSHA’s website at: 
www.osha.gov/OshDoc/Directive_pdf/CPL_02-13-01.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; Neil Wasser at nwasser@constangy.com; Joe Murray at jmurray@constangy.com; or Wright Mitchell at wmitchell@constangy.com.  You may also reach any OSHA practice group attorney by calling 404-525-8622.

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